ensuing The Session of Parliament held in the 18 th year of Queen Elizabeth began on Wednesday the 18 th day of February Anno Domini 1575. and was Prorogued on Thursday the 15 th day of March ensuing The Session of Parliament held in the 23. year of Queen Elizabeth began on Monday the 16 th day of January Anno Domini 1580. and was Dissolved on Friday the 19 th day of April Anno Domini 1583. The Parliament held in the 27 th year of Queen Elizabeth began on Monday the 23. day of November Anno Domini 1584. and was Dissolved on Wednesday the 14 th day of September An. Domini 1586. Anno 28 Regin ejusdem The Parliament held in the 28 th and 29 th years of Queen Elizabeth began on Saturday the 29 th day of October Anno Domini 1586. and was Dissolved on Thursday the 23. of March Anno 29 Regin ejusdem The Parliament held in the 31. year of Queen Elizabeth began on Tuesday the 4 th day of February Anno Domini 1588. and was Dissolved on Saturday the 29 th day of March Anno Domini 1589. The Parliament held in the 35 th year of Queen Elizabeth began on Monday the 19 th day of November Anno Domini 1592. and was Dissolved on Tuesday the 10 th day of April Anno Domini 1593. The Parliament held in the 39. and 40. years of Queen Elizabeth began on Monday the 24. day of October Anno Domini 1597. and was Dissolved on Thursday the 9 th day of February An. 40 Regin ejusdem The Parliament held in the 43. and 44 th years of Queen Elizabeth began on Tuesday the 27 th day of October Anno Domini 1601. and was Dissolved on Saturday the 19 th day of December ensuing Anno 44. Regin ejusdem The Names of the Lord Keeper Lord Chancellor or others who supplied their places as Speakers of the House of Lords during all the Reign of Queen ELIZABETH as also all the Names of all the Clerks of the said House of Parliament together with the Names of the several Speakers of the House of Commons and Clerks of the same House during all the Parliaments of the said Queens Reign The several Years of her Majesties Reign in which the said Parliaments or Sessions of Parliament were held The Names of the Lord Keeper Lord Chancellor c. and of the Clerks of the House of Lords The Names of the Speakers of the House of Commons and of the Clerks of the same House IN the Parliament held in the first Year of Queen Elizabeth Sir Nicholas Bacon Knight Lord Keeper of the Great Seal of England whose place was supplied Mar. 4. by the Marquess of Winchester Lord Treasurer of England Sir Thomas Gargrave Knight Speaker  Francis Spilman Esquire Clerk of the Upper House ..... Seimour Gent. Clerk of the House of Commons In the Session of Parliament held in the fifth Year of Queen Elizabeth The same Lord Keeper Thomas Williams Esq Speaker The same Clerk The same Clerk In the Session of Parliament held in the ninth Year of Queen Elizabeth The same Lord Keeper and his place supplied for divers dayes during his being sick of the Gout First by the Marquess of Winchester Lord Treasurer of England after by Sir Robert Catlin Knight Lord Chief Justice of the Kings Bench. Richard Onslow Esq the Queens Sollicitor  The same Clerk who either died or surrendred his place before the next Parl. began in An. 13 Reg. Eliz. The same Clerk In the Parliament held in the thirteenth Year of Queen Elizabeth The same Lord Keeper and his place supplied for divers dayes during his sickness by Sir Robert Catlin K t Lord Ch. Justice of the Kings Bench. Christopher Wray Serjeant at Law Speaker  Anthony Mason aliàs Wilkes succeeded Francis Spilman in the place of the Clerk of the House of Lords Fulk Onslow Gent. Clerk of the House of Commons In the Session of Parliament held in the fourteenth Year of Queen Elizabeth The same Lord Keeper and his place supplied in his absence for divers days by Sir Robert Catlin K t Lord Chief Justice of the Kings Bench. Robert Bell Esq Speaker  The same Clerk The same Clerk In the Session of Parliament held in the eighteenth Year of Queen Elizabeth The same Lord Keeper and his place supplied for divers dayes in his absence by the Lord Burleigh Lord Treasurer of England The same Speaker  The same Clerk The same Clerk In the Session of Parliament held in the twenty third Year of Queen Elizabeth Sir Thomas Bromley Knight Lord Chancellor John Popham Esq the Queens Sollicitor Speaker  The same Clerk The same Clerk In the Parliament held in the twenty seventh Year of Qucen Elizabeth The same Lord Chancellor John Puckering Serjeant at Law Speaker  The same Clerk The same Clerk In the Parliament held in the twenty eighth and twenty ninth Years of Queen Elizabeth The same Lord Chancellor and his place supplied for divers dayes during his sickness by Sir Edmund Anderson Knight Lord Chief Justice of the Common Pleas. John Puckering Serjeant at Law Speaker again  The same Clerk The same Clerk from Oct. 29. to Dec. 2. 1589. And the same Clerks Kinsman W. Onslow Gent. from Febr. 15. to March 23. ensuing In the Parliament held in the thirty first Year of Queen Elizabeth Sir Christopher Hatton Knight Lord Chancellor George Snagg Serjeant at Law Speaker  The same Clerk The same Clerk In the Parliament held in the thirty fifth Year of Queen Elizabeth Sir John Puckering Knight Lord Keeper of the Great Seal of England Edward Coke Esq the Queens Sollicitor Speaker  The same Clerk The same Clerk In the Parliament held in the thirty ninth and fortieth Years of Queen Elizabeth Sir Thomas Egerton Knight Lord Keeper of the Great Seal of England Christopher Yelverton Serjeant at Law Speaker  Thomas Smith Esq succeeded Clerk of the Upper House to Anthony Mason alids Wilkes The same Clerk In the Parliament held in the 43 44 Years of Queen Elizabeth The same Lord Keeper J. Croke Esq Recorder of London The same Clerk The same Clerk THE JOURNAL OF THE House of LORDS A o 1 o Regin Eliz. A. D. 1558 1559. The Journal of the Proceedings of the House of Lords in the Parliament holden at Westminster A o 1 o Regin Eliz. Anno Dom. 1558. beginning there after one Prorogation of the same on Wednesday the 25 th of January and then and there continued until the Dissolution thereof on Monday the 8 th day of May Anno Dom. 1559. QUeen Mary Deceased on Thursday the 17 th day of November in the year of our Lord 1558. and the Parliament then Assembled in the 6th and last year of her Reign thereby immediately Dissolving the thrice Excellent and Prudent Princess Queen Elizabeth according to her right and Hereditary Title without any opposition or difficulty King Philip being then very happily absent beyond the
although it be not very usual yet there want not divers Presidents Vide April the 20 th Friday postea Nota also That here the Judges being but Assistants unto the Upper House are made joint Committees with the Lords which is usually found in all these Parliaments of her Majesties Reign until the thirty ninth of the same Dominus Custos magni Sigilli adjournavit praesens Parliamentum until to Morrow at eight of the Clock On Friday the 6 th day of April Three Bills of no great moment had each of them one reading of which the third touching Receivers c. deceiving the Queen of her Treasure was read secundâ vice commissa to the Earl of Hunt the Earl of Bedford the Earl of Leicester the Bishop of Rochester the Bishop of Salisbury the Bishop of Lincoln the Lord Hastings of Loughborough the Lord North the Lord Hunsdon and to the Queens Attorney and M r Sollicitor Nota That here the Queens Attorney and Sollicitor who are but meer Attendants upon the Upper House are made joint Committees with the Lords Dominus Custos magni Sigilli adjournavit praesens Parliamentum in diem Crastinum hora nona On Saturday the 7 th day of April the Lords Assembled according to the last Adjournment and the Lord Keeper being absent Dominus Clinton vicem gerens Senescalli ex mandato Dominae Reginae continuavit praesens Parliamentum usque in diem Lunae proximum hora nona April the 8 th Sunday On Monday the 9 th day of April Two Bills had each of them one reading of which the first being the Bill against such as shall bring in any Bulls c. was read prima vice and committed unto the Earl of Sussex the Earl of Huntington the Earl of Pembroke and others and to the Chief Justices of the Common-Pleas Justice Southcot and Justice Carus Nota That the Judges who were but meer Assistants unto the Upper House are here made joint Committees with the Lords Vide consimise Apr. 5. Thursday And the second touching Receivers Collectors c. was read the second time eisdem Dominis quibus primò commissa fuit denuò committitur Nota That this Bill was read before the second time on Friday the 6 th day of this instant April foregoing and committed and therefore it should seem that this Bill was not now read again the second time but only some additions or amendments thereunto annexed by the Committees and thereupon the Bill was again referred unto them to be further considered of For that Sir Nicholas Bacon Knight Lord Keeper of the Great Seal of England was sick her Majesties Letters Patents were read Authorizing Sir Robert Catlin Chief Justice of England to supply the place of the said Lord Keeper at all times when the Lord Keeper during this present Parliament shall be absent The tenor of which here followeth verbatim ELizabeth by the Grace of God Queen of England France and Ireland Defender of the Faith c. To our Trusty and Right Well-beloved Sir Robert Catlin Knight Chief Justice of our Common-Pleas before us to be holden Greeting Where our Right Trusty and Right Well-beloved Councellor Sir Nicholas Bacon Knight Lord Keeper of our Great Seal of England is at this time so visited with Sickness that he is not able to travel to the Upper House of this our present Parliament holden at Westminster nor there to supply the room and place in the said Upper House amongst the Lord 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 therefore minding the same place and room to be supplied in all things as appertaineth for and during every time of his absence have named and appointed you and by these Presents do Constitute name appoint and authorize you from day to day and time to time when and so often as the said Lord Keeper shall happen at any time or times during this present Parliament to be absent from his accustomed place in the Upper House to occupy use and supply the room and place of the said Lord Keeper in the said Upper House amongst the said Lords Spiritual and Temporal there Assembled at every such day and time of his absence and then and there at every such time to do and execute all such things as the said Lord Keeper of the Great Seal of England should or might do if he were there personally present using and supplying the same room Wherefore we will and Command you the said Sir Robert Catlin to attend to the doing and Execution of the Premises 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 selves at Westminster the 9 th day of April in the Thirteenth Year of our Reign Powle Nota That this Commission is in one respect very exotick and unusual because it doth not only give Authority to the Lord Chief Justice to supply the Lord Keepers place until his recovery and return to Parliament as is ordinary in other Commissions but it doth further authorize him to supply the said Lord Keepers place at any time during this Parliament when he shall be absent as well as at this present whence in this ensuing Journal it is frequent that sometimes the Lord Keeper and sometimes the Lord Chief Justice though seldomer without any new Commission do in their several turns continue the Parliament Robertus Catlin Miles Dominus Capital Justiciarius Banci Regis continuavit praesens Parliamentum usque in diem Crastinum hora nona On Tuesday the 10 th day of April Billa de novo reformata per Dominos quibus pridie committebatur touching the bringing in of any Bulls or other Writings from the Bishop of Rome was read the first time The new Bill touching Receivers Treasurers Collectors c. defrauding the Queens Majesty of her Treasure was read the first time The Bill touching the Confirmation of the Attainder of Charles Earl of Westmerland Thomas Earl of Northumberland and others was read the first time The Lords requested to have Conference with certain of the House of Commons touching a Bill brought to them concerning matters of Religion whereupon Committees were appointed viz. the Archbishop of Canterbury the Marquess of Northampton and others The Lord Keeper continued the Parliament usque in diem Crastinum horâ Octavâ On Wednesday the 11 th day of April it was Ordered by the House that the Lords Committees for the Bill of Bankrupts may call unto them such of the House of Commons and others as they shall think good which may best inform touching any doubt or other matter that may rise upon the said Bill Two Bills also had each of them their second reading of which the second being the new Bill against the bringing in of Bulls was read the second time commissa Justiciario
last continued Three Bills of no great moment had each of them one reading of which the first being the Bill for the grant of three entire Subsidies and fix Fifteenths and Tenths granted by the Temporalty was read primâ vice which said Bill had already passed the House of Commons and had been sent up from them to the Lords on Saturday last This Morning also two Bills of no great moment were sent up to the Lords from the House of Commons of which the second was the Bill concerning the restraining of Popish Recusants to certain places of aboad c. On Tuesday the 27 th day of March Three Bills of no great moment had each of them one reading of which the first being for the Assurance of certain Lands and Tenements to Read Stafford and Mabell his Wife was read tertia vice expedit On Wednesday the 28 th day of March Three Bills of no great moment had each of them one reading of which the second being for the grant of three entire Subsidies and Fifteenths c. was read secunda vice Five Bills also were sent up to the Lords from the House of Commons of which the first was for restitution in blood of Sir Thomas Parrot K t and was read primâ vice This day finally was one unusual or extraordinary Proxy returned from one of the Bishops absent at this time from the Parliament as divers other Peers by the Licence of her Majesty in which said Proxy he constituted but one Proctor whereas the Ordinary Custom is for every Spiritual Lord to nominate two Proctors at the least and every Temporal Lord but one This Proxy is thus Entred in the beginning of the Original Journal-Book of the Upper House viz. 28 Martii introductae sunt Literae Procuratoriae Thomae Cicestrensis Episcopi in quibus Procuratorem suum constituit Johannem Cantuariensem Episcopum On Thursday the 29 th day of March Three Bills of no great moment had each of them one reading of which the first being the Bill for restitution in blood of Sir Thomas Parrot K t was read secunda tertia vice expedit On Friday the 30 th day of March Five Bills had each of them one reading of which the first was the Bill for the grant of three entire Subsidies c. granted by the Temporalty And the last was the Bill of Subsidy granted by the Clergy Both which Bills at this time upon their several third readings passed the House On Saturday the 31 th day of March Six Bills had each of them one reading of which the last being the Bill prohibiting Strangers born to sell by way of retail Foreign Wares brought into this Realm was read secunda tertia vice and rejected On Monday the second day of April to which day the Parliament had been last continued the Bill for Explanation of a Statute made in the thirty third year of Henry the Eighth touching Grants made to his Majesty and Confirmation of Letters Patents was read secunda vice Six Bills were brought up to the Lords from the House of Commons of which the second was for bringing in of fresh Water into the Town of Stonehouse in the County of Devon On Tuesday the third day of April Five Bills of no great moment had each of them one reading of which the fourth being the Bill for the maintenance of the Navigation of England was read secunda vice On Wednesday the 4 th day of April the Bill for Explanation of the Statute made in the thirty fourth year of Henry the Eighth for confirmation of Letters Patents made by his Highness to others was read primâ secundâ vice On Thursday the 5 th day of April Three Bills of no great moment had each of them one reading of which the second being the Bill for Confirmation of Letters Patents to the Mayors Sheriffs Citizens and Commonalty of the City of Lincoln was read tertiâ vice conclusa This Morning also this Order following was agreed on amongst the Lords viz. WHereas the Lords of Parliament both Spiritual and Temporal assembled in the Parliament Chamber here at Westminster have with one uniform consent both in their own names and the rest of the Lords now absent Ordered that there shall be a charitable relief and contribution made towards the Aid and help of a number of Souldiers that are seen in the time of this Parliament maimed and sore hurt in the Wars of France and Low Countries and on the Seas for the service of the Queens Majesty and the Realm and for that purpose have allowed that every Archbishop Marquess Earl and Viscount should pay toward their Contribution the sum of forty shilings every Bishop thirty shillings and every Baron twenty shillings for Collection whereof there hath been appointed the Queens Majesties Almoner and the Bishop of Worcester to collect the sums of Bishops and the Lord Norris to collect the sums payable by the Lords Temporal which hath been diligently done and received by them from all the Lords Spiritual and Temporal that have been present and that have attended to their great charge on the service of the Realm in this Parliament And considering the number of the Souldiers to be relieved therewith being very many notwithstanding the Knights Citizens and Burgesses of the House of Commons have yielded very good and large Contributions according to their Degrees Yet for the better relief of the said maimed Souldiers It is by the Lords Spiritual and Temporal that have given their Attendance here and have charitably and honourably yielded to this Contribution thought meet and so it is Ordered and Decreed by them with common and free consent that all the Lords of Parliament that have been altogether absent in this Sessions and that shall not have Contributed to this charitable use of relief before the end of this Sessions shall be required by Letters to be sent to them by the Lords that had their Procuration for their absence or by Letters from the Lord Keeper of the Great Seal required and charged to Cause payments to be made according to their Degrees and Vocations the double of the sums of money paid by the Lords that have been here present and continued their Attendance That is to say that every Earl that hath been absent shall pay four pound the Archbishop of York to pay as much And every Bishop also absent to pay three pound and every Baron forty shillings And for such as have been here present and continued their Attendance at some times though very seldom having been absent for the more part it is thought meet that every such Lord Spiritual and Temporal shall according to their Degrees pay a third part more than the Lords that have been constantly present All which sums of money they shall cause to be delivered to the hands of the Lord Keeper of the Great Seal to be afterwards by such Spiritual Lords of Parliament as are chosen for that purpose distributed to the maimed
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
to the Lords from the House of Commons of which the first was an Act for confirmation of the Subsidy of the Clergy Four Bills also of no great moment had each of them one reading of which the first being a Bill for the continuance of divers Statutes was read secunda vice No mention is made in the Journal-Book of the continuance or Adjournment of the Parliament which seemeth to have been omitted by the Clerks negligence On Wednesday the 26 th day of March Three Bills were read of which the first being a Bill to avoid secret Outlawries of her Majesties Subjects was read tertia vice and sent to the House of Commons by D r Carew One Bill also of no great moment was sent up to the Lords from the House of Commons On Thursday the 27 th day of March divers of the Lords Spiritual and Temporal met but nothing was done saving the continuance of the Parliament unto the day next following On Friday the 28 th day of March Three Bills were sent up to the Lords from the House of Commons of which the first was a Bill for Explanation or Declaration of the Statute of the eighth year of H. 6. concerning forcible Entries the Inditements thereupon found expedite A Bill for the Naturalizing of Joice the Daughter of Ralph Esking Gentleman and Wife of Richard Lambert Merchant born beyond the Seas was read secunda tertia vice and expedited Dominus Cancellarius continuavit praesens Parliamentum usque in Crastinum dimid horae ante septimam On Saturday the 29 th day of March to which day the Parliament had been last continued one Bill for continuance of divers Statutes was read tertia vice and sent to the House of Commons by D r Stanhope and M r Powle M r Doctor Carew in some other places also written Carie and M r Doctor Stanhop do bring from the Lords two Acts viz. the Act of the Queens most gracious general and free Pardon and also the Act of the two Subsidies and four Fifteenths granted by the Temporalty which they carried down to the House of Commons from whence the Bill of Pardon having there passed it was a little after sent back again unto their Lordships by M r Fortescue and others Nota That the sending of these two Bills is omitted in the Original Journal-Book of the Upper House and is therefore supplied out of that of the House of Commons The presence of such Lords as attended her Majesty who was her self this day at the Dissolving of the Parliament in Person is not much differing from that set down on Saturday the 8 th of February foregoing only the two Earls of Northumberland and Essex then absent attended this day as also the Lord Strange the Lord Morley the Lord Talbot the Lord Wentworth and the Lord de la Ware were at this time also present though not then Whereas the Lords Audeley and Cromwell then present were now absent and for the Spiritual Lords it appeareth not at all who were present These being thus set and the House of Commons with Serjeant Snagg their Speaker being let into the Upper House the said Speaker according to the usual form presenting her Majesty with the Bill of two Subsidies and four Fifteenths granted by the Temporalty desired her Highness graciously to accept thereof as the free testimony of the faithful and loyal respects of their Subjects and withal desiring her Majesty to give her gracious consent to such Acts as had been prepared and expedited by the two Houses After the passing of which Bills the Dissolution of the Parliament is Entred in the Original Journal-Book of the Upper House in manner and form following viz. Dominus Cancellarius ex mandato Dominae Reginae tunc praesentis dissolvit praesens Parliamentum It should seem that her Majesty gave her Royal Assent and that this Parliament was Dissolved this present Saturday the 29 th day of March in the Forenoon contrary to the usual course in such cases accustomed for it appeareth in all other Journals for the most part to have been deferred till the Afternoon and that this present Parliament was so Dissolved as aforesaid it appeareth plainly by the last continuance of it on Friday immediately foregoing to this day in the Forenoon half an hour before seven of the Clock to which early and unusual time of the day I suppose it was continued because all things might be better expedited against her Majesties coming THE JOURNAL OF THE House of COMMONS An Exact and perfect Journal of the Passages of the House of Commons in the Parliament holden at Westminster Anno 31 Reginae Eliz. Anno Domini 1588. which began there after one Prorogation of the same on Tuesday the 4 th Day of February and then and there continued until the Dissolution thereof on Saturday the 29 th Day of March Anno Domini 1589. THIS Parliament was Summoned about three Months after Gods miraculous preservation of Religion the Realm and her Majesties Person from the ambitious and bloody Conquest of the Spanish King and therefore the House did not only regard their private business as the passing of Bills discussing Elections preserving their Priviledges and the like with which this Journal is abundantly stored but also the publick safety of her Majesty and her Realms by aiding her Highness with the unusual and extraordinary gift of four Fifteenths and Tenths and two entire Subsidies the Clergy also adding two Subsidies of their own and by desiring her also in the conclusion of this Parliament to denounce open War against the King of Spain who had so lately invaded her whom they concluded to have been the Root and Fountain of all the Conspiracies practised and of all the Rebellions raised against her Majesty Although this Parliament had been summoned to have begun and to have been holden on Tuesday the 12 th day of November last past yet it held not but was upon the said day in the thirtieth year of her Majesties Reign further Prorogued by her Majesties Writ unto Tuesday the 4 th day of February in the thirty first year of the same On which said Tuesday the 4 th day of February it held accordingly and her Majesty came in Person unto the Upper House where Sir Christopher Hatton being now Lord Chancellor in her Highness presence declared unto the Lords Spiritual and Temporal and to the Knights Citizens and Burgesses of the House of Commons then and there Assembled how great happiness they enjoyed under her Majesties peaceful and victorious Reign and that though the Spanish late Wonderful Fleet had been lately defeated yet there wanted not still power and malice in him against this Nation and her Majesty and so much the more implacable it may be conjectured he now remains because of his late defeature and loss before-mentioned And therefore he shewed that the cause of the calling of this Parliament was to provide by common Counsel against all his future attempts And lastly he gave notice to
Thursday the 8 th day of December on Wednesday the 11 th day of January on Saturday the 4 th day of February and all other the days which were very many in which any Committees were nominated On Thursday the 10 th day of November to which day the Parliament had been last continued the Bill for the taking away Clergy from Offenders against a Statute made in the third year of the Reign of King Henry the Seventh against the taking away of Women against their wills unlawfully was sent up to the Lords from the House of Commons and thereupon read primâ vice The Lord Treasurer made Report to the House what had been done by the Committees upon the Petition of the Lord La Ware and how it was resolved by them upon hearing and debating of the matter with certain Learned Counsellors in the Law brought before the Committees of the said Lords that the place which he claimed in the Order and Rank of the Barons was due unto him viz. next after the Lord Willoughby of Eresby Which Report being made to the House and the voices of all the Lords being demanded the opinion of the Committees was allowed by the consent of all the Lord Windsor only excepted And the Lord Keeper was required to acquaint her Majesty with the determination of the same House and to know her pleasure concerning the same Vide concerning this Business of the Lord La Ware on Saturday the 5 th day of this instant November foregoing and on Monday the 14 th day of the same November ensuing The Lord Treasurer made a motion to the House that for as much as the Journal-Books kept heretofore by the Clerks of the Parliament seemed to have some error in them in misplacing the Lords so as it was doubted how the same might be of true Record That it would please the Lords to take Order that the said Books that from thenceforth should be kept by the Clerk of the Parliament may be viewed and perused every Parliament by certain Lords of the House to be appointed for that purpose and the List of the Lords in their Order to be subscribed by them taking unto them for their better information the King at Arms. And that this Order might begin this present Parliament On Saturday the 12 th day of November to which day the Parliament had been last continued the Bill for the taking away of Clergy from Offenders against a Statute made Anno 3 Hen. 7. concerning the taking away of Women against their wills unlawfully was read secunda vice and committed Nota That because the Committees during all this Parliament were only Peers and Members of the House and that the Judges with her Majesties Learned Councel as see more on Monday the 7 th of this instant November foregoing were always appointed to attend upon them and never nominated as joint Committees with them therefore the names of them are for the most part omitted as not worth the inserting or observation On Monday the 14 th day of Novemb. to which day the Parliament had been last continued on Saturday foregoing the Bill for the better explanation and execution of the Act made in the 13 th year of the Queens Majesties Raign concerning Tellors Receivors c. was read primâ vice This Bill was brought into the House instead of the former Bill concerning her Majesties speedy satisfaction against Accountants c. which was on the 7 th day of November foregoing read secunda vice and referred to Committees by whom the said Bill having been thought upon the debating thereof too full of doubts and difficulties Order was given by them to her Majesties Attorney General to draw a new Bill viz. the Bill aforesaid which Bill was presented by the Lord Arch-Bishop of Canterbury first of the said Committees in the behalf of the said Committees A Proviso was thought fit to be added to the Bill concerning the taking away of Women unlawfully and was also twice read The Earl of Shrewsbury excuseth the Lord Marquess his absence for want of health The Lord Treasurer moved the House that such Lords as were absent from the Parliament and had not sent their Proxies and such others as had made their appearance in the beginning of the Parliament and have sithence neglected their Attendance may be admonished to reform the same On this said 14 th day of November 1597. upon the Petition of the said Lord La Ware exhibited unto her Majesty concerning his place in the Order of the Barons of Parliament and with her Majesties commandment and direction presented unto the Lords Spiritual and Temporal in this present Parliament the 5 th day of this present Month of November and referr'd the same day upon the reading unto the Committees as is before recorded in the Session of the same day the said Committees having at the time and place appointed assembled themselves and advisedly considered of the said Petition and of all arguments that were brought and alledged both for the Petition and against it did resolve and determine that in their opinions the said Petition of the Lord La Ware was just and that the place which he sought was due unto him viz. to have his place betwixt the Lord Willoughby of Eresby and the Lord Berkeley being the same place which his great Grandfather held heretofore as appeareth by Record Of which resolution and determination Report having been made by the Lord Burleigh Lord Treasurer the first of the Committees the 10 th day of this instant November foregoing in the Session of the same day as before is recorded and the same being allowed and approved by the consent of the Lords Temporal and Spiritual then present in the House it was thought meet and ordered that her Majesty should be made acquainted by the Lord Keeper with the opinion and resolution of the House Which having been performed by his Lordship and her Majesty having allowed of the proceedings of the House and of the determination of the question touching the place of the Lord De la Ware as hath been declared unto the House by the Lord Keeper It was and is agreed and Ordered by her Majesty and the Lords Spiritual and Temporal that the Lord De la Ware should be brought into the House and placed in the room and order before-mentioned to have his place and Voice betwixt the Lord Willoughby and Lord Berkeley Which was accordingly done on this said 14 th day of November The said Lord De la Ware being brought in his Parliament Robes unto the place aforesaid by the Lord Zouch supplying the place of the Lord Willoughby and by the said Lord Berkeley in their Robes Garter the King of Arms attending them and doing his Service according to his Office On Tuesday the 15 th day of November Two Bills had each of them one reading of which the first being the Bill for taking away of Clergy from Offenders against a certain Statute made Anno 3 Hen. 7. concerning the taking
all the Earls Summoned to this Parliament differed nothing from that by which the Duke of Norfolk was Summoned The words of the Writs that were directed to any Bishop this Parliament were Verbatim the same with the Archbishops only differing in the Style which is set down before their Christian Names being added in these words Reverendo in Christo Patri instead of these words inserted into the Writs directed to the Archbishops viz. Reverendissimo in Christo Patri The Writs to the Viscounts and Barons are thus directed viz. Dilecto fideli suo Anthonio Vicecomiti c. and then all the rest agreeing with the aforesaid Writ set down as directed to the Duke of Norfolk The Writs by which the Judges are Summoned are directed thus Dilecto Fideli suo c. and differ from the Peers Writs in these words tractare Consilium suum impendere but not ordinare and the same Style is inserted in the Writs directed to the Queen's Council and the rest who are to attend in the Upper House The Parliament being Summoned to begin as appeareth by the foregoing Writ set down as directed to the Duke of Norfolk on the 23th day of January it was upon the said day farther Prorogued in manner and form following Memorandum where the Queen's Majesty by her first Writ Summoned the Parliament to be begun and holden at Westminster the 23. day of January as by the same Writ bearing Date at Westminster the 5th day of December in the first year of her Reign it more plainly appeareth Her Highness upon certain great and weighty Causes and considerations her Majesty especially moving by the advice of her Privy-Council and of her Justices of both her Benches and other of her Council Learned did Prorogue and Adjourn this said Parliament until Wednesday now next following being the 25th day of this instant Month by vertue of her Writ Patent Signed with her own Hand Sealed with her Great Seal bearing Date the 21th day of this present Month whereupon at this said 23th day of January the Lord Keeper of the Great Seal with divers others her Lords and Counsellors repaired to the Parliament Chamber commonly called the Upper House and there in the presence of the whole Assembly of the Lords Spiritual and Temporal the Knights Citizens and Burgesses Summoned to the same Parliament did open and declare that the Queens Majesty whose preservation in Health giveth safety and surety to the whole Publick Wealth not feeling her self in good Disposition of Body nor unmindful of the Peril that by her too much boldness by coming abroad might ensue sent for the Lord Keeper of the Great Seal the Lords and others of her Highness Council unto whom she declared her Estate and the fear she had to adventure going to Parliament this said prefixed day being the 23th day of January requesting them to signifie her Estate unto the Assembly and that by virtue of the said Writ of Prorogation she had Prorogued her said Parliament from the first said Summoned day until the 25th day of the same Month. All which matters being notified to the said Assembly according to her Highness request and pleasure the said Writ for the said Prorogation in the presence of that Assembly was there then read by the Clerk of the Upper House publickly and openly the Tenor whereof ensueth Verbatim ELizabetha Dei Gratiâ Angliae Franciae Hiberniae Regina Fidei Defensor c. praedilectis fidelibus nostris Praelatis Magnatibus Proceribus Regni nostri Angliae ac dilectis fidelibus nostris Militibus Civibus Burgensibus dicti Regni nostri ad Parliamentum nostrum apud Civitatem nostram Westmonasterij 23. die instantis Mensis Januarij inchoand ' tenend ' convocat ' elect ' eorum cuilibet Salutem Cum nos pro quibusdam arduis urgentibus negotiis nos statum defensionem dicti Regni nostri Angliae Ecclesiae Anglicanae concernen ' dictum Parliamentum nostrum ad diem locum praedictum teneri ordinaverimus ac vobis per seperalia brevia nostra apud Civitatem diem praedict ' interesse Mandaverimus ad tractand ' assentiend ' concludend ' super his quae in dicto Parliamento nostro tunc ibidem proponerentur tractarentur Quibusdam tamen certis de causis considerationibus nos ad hoc specialitèr movend ' dictum Parliamentum nostrum usque 25 diem hujus instantis Mensis Januarij duximus prorogand ' it a quod nec vos nec aliquis vestrum ad dictum 23. diem Januarij apud Civitatem praedictam comparere teneamini seu arctemini volumus enim vos quemlibet vestrum inde erga nos penitùs exonerari Mandantès tenore presentium firmiter injungendo precipientes vobis Cuilibet vestrum ac omnibus aliis quibus in hac parte intererit quod ad dictum 25. diem Januarij apud praedictam Civitatem Westmonasterij personalitèr compareatis intersitis quilibet vestrum compareat intersit ad tractand ' faciend ' agend ' concludend ' super his quae in dicto Parliamento nestro de Communi concilio dicti Regni nostri savente domino contigerit ordinari Teste me ipsa apud Westmonasterium 21. Januarij Anno Regni nostri primo This day also although the Parliament begun 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 until the 25th 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 of the said Upper House to give their voices for them And because no Lord could be absent without Licence from her Majesty first obtained during this Parliament it will not be impertinent amongst other matters of Course to set down the form of the said Licenses which were as followeth RIght Trusty and Wel-beloved We Greet you well Whereas we are informed that by reason of Sickness you are not able to make your repair hither to this our Sessions of Parliament to be holden at Westminster We have thought good by these our Letters to dispense with you for your absence and do License you to remain still at home for this time So nevertheless that you send up your Proxie to some such Personage as may for you and in your name give his voice assent or denial to such matters as shall be Treated and Concluded upon in our said Parliament and these our Letters Patents shall be your Warrant in this behalf Given under our Signet at our Palace at Westminster the first day of January in the first year of our Reign Upon the obtaining and receipt of this aforesaid Licence from her Majesty granted to every absent Lord in particular they sent their several Proxies of which the first that was returned this day was the Proxie of
William Lord Dacres which said Proxie is entred in the beginning of the Original Journal Book remaining with the Clerk of the Upper House in manner and form following 23. Januarij Introductae sunt Literae procuratortae Willielmi Domini Dacres qui procuratorem suum constituit Anthonium Vicecomitem Mountacute This Proxie was delivered to the Clerk of the Parliament or to his Servant or Deputy for the Course as I suppose hath been and is at this day that the Proxie may be delivered either in or out of Parliament And the Delivery thereof is good only the Clerk of the Upper House doth usually Register or enter the same in the beginning of the Journal of that Session or Parliament with the direct day of the Month on which he received it and sometimes sets not the day down the form of which Proxie may be conjectured to have been as followeth OMnibus Christi Fidelibus ad quos hoc presens scriptum pervenerit Willielmus Dominus Dacres Salutem Noveritis me prefatum Dominum Dacres per Licentiam Serenissimae Dominae nostrae Reginae a presenti hoc suo Parliamento tent ' inchoat apud Westmonasterium c. sufficienter excusatum abesse nominare ordinare constituere dileitum mihi in Christo honorandum virum Anthonium Vicecomitem Mountacutum meum verum certam indubitatum factorem actorem Atturnatum 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 tractatibus achujusmodi mihifactis seufaciendis consilium auxilium nomine meo impendendi Statutisque etiam ordinationibus quae ex Maturo deliberato Judicio Dominorum tam Spiritualium quam Temporalium in eodem Parliamento Congregator ' mactari seu ordinari contigerint nomine meo consentiendi eisdemque si opus fuerit subscribendi caeteraque omnia et singula quae in premissis Necessaria fuerint seu quomodolib ' requisita faciendiet exercendi in tam amplis Modo et forma ut ego ipse facere possem aut deberem si praesens personalitèr interessem Ratum et gratum habiturus totum et quicquid procurator ' meus statuerit aut facerit in premissis in cujus rei testimonium presentibus subscripsi Sigillumque apposui dat' c. Anno Regni Dictae Dominae nostrae Elizabethae Dei Gratia Angliae Franciae Hiberniae Regina Fidei Defensoris c. Primo Here under the Proxie is usually the name of the Lord that sendeth it Subscribed Note that this is not the direct Copy of the Proxie sent by the Lord Dacres but only his name added unto it being set down according to the form observed both in these times and in ours which have since followed for if these Lords who do constitute Proctors have their Proxies drawn by the Clerk of the Parliament's direction which is the best and most usual course then are they always drawn in manner and form aforesaid But if any Lord by reason of his far distance from the place where the Parliament is held or by some other occasion doth make his own Proxie then the form doth usually differ from that which is before set down and is in manner and form as followeth to which I have added the name of the Bishop of Peterborough because the Spiritual Lords do most usually venture to make their own Proxies and because the said Bishops Proxie is entred the 23th day of January in the Original Journal Book of this first Parliament of the Queen next after the Proxie of the Lord Dacres before set down the entrance whereof is as followeth 23. Januarij Introductae sunt literae procuratoriae David Episcopi Petriburgi qui procuratores suos constituit Nicholaum Archiepiscop ' Eboracen ' Edmund ' Episcop ' London Radolph ' Episcop ' Coventr ' Litch This Proxie that followeth being of a new form and different from that which is before set down is here added as sent by the Bishop of Peterborough for the reason above expressed PAteat universis per presentes Quod ego David permissione Divina Peterburgen ' Episcopus Licentia Regia in ea parte prius obtent ' Necnon diversis Arduis impeditus detentus Negotiis quo minus in presenti Sessione Parliamenti hujus inclyti Regni Angliae personaliter comparere debit ' praestare obsequium ac in ea parte inservire Valeam Reverendissimum in Christo Patrem Nicholaum providentia divina Eboracen ' Archiepiscopum totius Angliae Primati Metropolitano et Reverendos in Christo Patres Edwardum Episcop ' Londinen ' Radolph ' Episcop ' Coventr ' et Litch ' et eorum utrumque conjunctim et divisim meos veros legitimos actores factores atturnatos et procuratores facio et constituo eisdem que procuratoribus meis et eorum utrique conjunctim et divisim plenam in Domino do et concedo Authoritatem et potestatem per me et in nomine meo in dicta presenti Sessione Parliamenti compend ' et de et super quibuscunque Negotiis in eadem presenti Sessione Parliamenti exponend ' declarand ' et tractand ' tractatibus hujusmodi mihi fact ' seu faciend ' consilium nomine meo impendend ' Statutisque etiam ordinationibus quae ex maturo et deliberato judicio Dominorum tam Spiritualium quam Temporalium in eadem presenti Sessione Parliamenti congregat ' mactetari seu ordinari contigerint nomine meo consentiend ' caeteraque omnia singulaque in premissis seu circa ea necessaria fuerint seu quomodolibet requisita faciend ' perimplend ' exercend ' in tam amplis modo et forma ut ego ipse facere possem et deberem si presens Personaliter interessem Ratum et Gratum habens ' et habitur ' totum et quicquid procuratores mei praedicti statuerint aut fecerint seu alter eorum statuerit aut fecerit in premissis In cujus Rei testimonium Sigillum meum magnum et Episcop ' presentibus apponi feci dat' etc ' Anno Domini Millesimo Quingentessimo Quinquagessimo Octavo I do observe it to be very usual yet not always observed in the return of Proxies to suppose the Parliament to be begun although they be returned sometimes before it begins as these and divers others which now follow according to the entrance of the returns of them were in this first Parliament of the Queen Besides the said Proxies are many times Dated divers days nay weeks before the first day on which the beginning of it is limited by the Summons by which means it may also fall out that if there be any Prorogations the said Proxies may be both Dated and returned many Months before the Parliament do hold but the reason I conceive of this Clause in every Proxie may be because before any use
divina Abbas Monasterii beatae Mariae sanctique Botolphi de Thorney subjectionem et fidelitatem omnimodas cum orationibus assiduis et devotis ad comparend ' pro me et nomine meo in Parliamento vestro coram vestra regia celsitudine vicessimo die Mensis Januarij prox ' futur ' post datum presens apud Westm ' favente gratia Spiritûs sancti felicitor inchoand ' Nè personali comparitione in eodem penes vestram regiam celsitudinem quoties opus sucrit excusand ' precipuè pretextu adversae valetudinis nostrae caeterisque ex causis justis veris et probabilibus quod interesse non valemus prout affectamus Qua proptervestrae Regiae humilitèr celsitudini supplicamus quatenus absentiam nostram personalem in hà c parte excusatam gratiose dignetur habere vestrae Clementia Majestatis et ut vestro Mandato in quantum possumus in omnibus pareamus Reverendos in Christo Patres Sancti Albani Sti ' Edmundi de Bury Sti ' benedicti de Ranisy et Sti ' Gutlaci de Coland ' Abbates conjunctim et divisim et corum quemlibet nostros veros et Legitimos procuratores Atturnatosque fideles tenore presentium constituimus et ordinamus promittens me ratum gratum et firmum perpetuo habiturum quicquid praedicti pro me et nomine meo fecerint vel alter fecerit in premissis seu aliquo promissor ' vestrae Regiae celsitudini humilitèr supplico quatenus absentiam meam personalem hac vice ex Regia mansuetudine habere dignemini gratiose excusatam In cujus Rei testimonium Sigillum nostrum Commune present ' est appensum Dat' apud Thorney praedict ' decimo quarto die Mensis Januarij An. Regni Regis Henrici Octavi Quinto Sometimes also the said Sickness or cause of Absence is Testified by Oath as appears in the Original Journal of the Upper House A. 6. H. 8. Feb. die 12. where James Marshal servant to the Lord Scroop made Affidavit of his Lord's detention by Sickness But even Anciently if the Parliament were to be Assembled by reason of some great and extraordinary occasion And that the King declared in his Writ of Summons that he would not admit of any Proxies ista vice then none did presume to send them but upon the King's Licence first obtained as appears ex Rotulo Parliamenti A. 6. Ed. 3. die 27. Januarij A. 22. Ed. 3. die 20. Novemb. A. 6. Ric. 2. die 2. Jan. ct A. 11. Ric. 2. die 20. Martij But of later times since the 38th year of H. 8. the Lords in their very Proxies do express their absence to be by the King or Queen's Licence and oftentimes the Clerk of the Upper House doth insert the Memorial of their return with their expression of their absence by the said Licence And in making of Proxies it hath always been at the free Choice and Election of a Spiritual Lord that sent the said Proxie to constitute some other Spiritual Lord or a Temporal Lord or both and so likewise mutatis mutandis hath the liberty been of a Temporal Lord although there appears but three Presidents thereof during her Majesties Reign of which the first was in A. 5. Regin Eliz. where William Bishop of Exeter constituted for his Proctor Francis Earl of Bedford And the second in A. eodem Regin ejusdem where Thomas Archbishop of York Constituted the Earl of Bedford his joynt Proctor with Richard Bishop of Ely and Rowland Bishop of Bangor And the third and last in A. 28. 29. Regin praedict ' where Hugh Bishop of Bangor did Constitute William Lord Burleigh Lord Treasurer of England his joynt Proctor with John Archbishop of Canterbury but in former time the Presidents of this nature are more frequent For there was so little observation kept in this kind as sometimes the Lords Spiritual and Temporal did Constitute the Judges and Barons of the Exchequer being but attendants on the House for their Proctors and sometimes Strangers as the Abbot of Selby in Edward the third's time Constituted John Goldale a Monk of that house and William R. Clerk his Proctors and these also were sometimes appointed Tryers of Petitions joyntly with the Lords as appears A. 14. Ed. 3. and sometimes Committees with the Lords prout patet ex rotulo Parliam ' de A. 14. Ed. 3. N. 13. 14. 18. These Animadversions being thus premised of Proxies in general now follow some others that concern the Particular Proxies foregoing and the residue that were returned at this Session on Saturday the 4th day of February ensuing and on Wednesday the 8th day and on Saturday the 18th day of March following and on Tuesday the 4th day of April ensuing And therefore in the first place it shall not be amiss to make remembrance that in the Journal of this Parliament I have caused the entry of all Proxies whatsoever as well ordinary as extraordinary to be Transcribed because it is the first Parliament of her Majesty whereas in most of the residue I have only caused those to be inserted into my Journals which were extraordinary and unusual And whereas the word Vacat is added at the beginning of the entrance of the return of the Proxie of Thomas Tresham Prior of St. Johns of Jerusalem in England as also before that of William Lord Euers which are before amongst others set down The reason of the first I cannot possibly Guess because neither the Archbishop of York to whom the said Thomas Tresham had sent his Proxie was himself absent nor the said Prior present nor dead before the return of his said Proxie as may easily be gathered but for the other it is plain that the Lord Clinton whom the Lord Euers did Constitute for his Proctor was absent at the beginning of this Parliament and did himself send his Proxie which is entred at the beginning of the Original Journal Book of the Upper House to have been returned on Saturday the 4th day of February although the word Vacat be prefixed also before the entrance of the return of the same because he afterwards came to the Parliament himself and served in Person in the Upper House the greatest part of the continuance thereof and from these examples may be gathered the true Causes both why and when a Proxie that is returned becometh void either when the Peer or Lord that sends the Proxie dies himself or comes to the House in Person before the end of the Parliament or that the Proctor or Proctors whom he constitutes do die or be otherwise absent and send their Proxies themselves for in this latter case those Proxies are to be repealed by the Lord Chancellor as there is a President for it in the end of the Original Journal Book of the Upper House A. 33. et 34. H. 8. in the case of Nevil Lord Latimer for though the absent Lord or Lords to whom the Proxie is directed do constitute other Proctors yet they cannot execute such Proxies as are
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
the Woolsacks and the Queen 's Learned Council on the outside of the Woolsacks next the Earls The Masters of the Chancery sate two of the same side and two on the other side next the Bishops The Clerk of the Parliament and the Clerk of the Crown sate on the lower Woolsack and had a Table before them And the Clerk of the Parliament had his Clerks under him who kneeled behind the Woolsack and wrote thereon All those Peers as appears by the Journal of the Upper House A. 8. Regin Eliz. the 2. day of Feb. being Wednesday which follows after in its due place who are before mentioned had their Mantles Hoods and Surcoats being of Crimson Velvet or of Scarlet furred with Meniver their Arms put out on the right side and the Duke of Norfolk had four Bars of Meniver The Marquess of Winchester and the Earls three And the Viscounts and the Barons two Henry Earl of Southampton and the Lord Dacres of the North were as I conceive at this time both under Age and in ward to her Majesty and if they were present as many times such were admitted upon such Solemn days as these then doubtless they did either stand besides the upper part of the rail at the higher end of the Parliament House or else were admitted to kneel at the upper end of the said House near the Chair of State for no Peer is called to sit as a Member of that great Council or to have his free voice until he have accomplished his full Age unless by the special grace of the Prince and that very rarely unless they be near upon the Age of twenty at the least The Sons and Heirs apparent of Peers that sit in the House stand on ordinary days without the upper Rail These Animadversions being thus premised touching the places and Robes of the Peers now follows the coming up of the Knights Citizens and Burgesses of the House of Commons into the Upper House which being not found in the Original Journal Book of the same I have suppli'd with some additions out of the Original Journal Book of the House of Commons A. primo Regin Eliz. and with it the Speech of Sir Nicholas Bacon Lord Keeper at large out of a Copy thereof I had by me The Knights Citizens and Burgesses of the House of Commons remained sitting in their own House till notice was brought them by ..... according to the Ancient Custom and usage that her Majesty the Lords Spiritual and Temporal and the residue were set in the Upper House expecting their repair thither whereupon they went up immediately unto the said House and being set in as many as conveniently could and standing below the Rail or Bar at the nether end of the said House Sir Nicolas Bacon Lord Keeper after he had first privately in the presence of them all conferred with her Majesty went and stood behind the Cloth of Estate on the right hand and there spake as followeth viz. MY Lords and Masters all The Queen 's most excellent Majesty our Natural and most Gracious Sovereign Lady having as you know Summoned hither her High Court of Parliament hath commanded me to open and declare the chief Causes and Considerations that moved her Highness thereunto And here my Lords I wish not without great cause there were in me ability to do it in such order and sort as is beseeming for her Majesties honour and the understanding of this presence and as the great weightiness and worthiness of the Matter doth require it to be done The remembrance whereof and the number of my imperfections to the well performing of it doth indeed plainly to speak breed in me such Fear and Dread that as from a man abashed and well nigh astonied you are to hear all that I shall say therein True it is that some Comfort and Encouragement I take through the hope I have conceived by that I have seen and heard of your gentle sufferance by others whereof I look upon equal cause equally with others to be partaker and the rather for that I am sure good will shall not want in me to do my uttermost And also because I mean to occupie as small a time as the greatness of such a cause will suffer thinking that to be the meetest Medicine to cure your tedious hearing and mine imperfect and disordered speaking Summarily to say the immediate cause of this Summons and Assembly be Consultations Advice and Contentation For although divers things that are to be done here in Parliament might by means be reformed without Parliament yet the Queen's Majesty seeking in her Consultation of importance Contentation by assent and surety by Advice and therein reposing her self not a little in your Fidelities Wisdoms and Discretions meaneth not at this time to make any Resolutions in any matter of weight before it shall be by you sufficiently and fully debated examined and considered Now the Matters and causes whereupon you are to Consult are chiefly and principally three points Of those the first is of well making of Laws for the according and uniting of these people of the Realm into an uniform order of Religion to the Honour and Glory of God the establishing of the Church and Tranquillity of the Realm The second for the Reforming and removing of all Enormities and Mischiefs that might hurt or hinder the Civil Orders and Policies of this Realm the third and last is advisedly and deeply to weigh and consider the Estate and Condition of this Realm and the Losses and Decays that have happened of late to the Imperial Crown thereof and therefore to advise the best remedies to supply and relieve the same For the first the Queen's Majesty having God before her Eyes and being neither unmindful of Precepts and Divine Councils meaneth and intendeth in this Conference first and chiesly there should be sought the advancement of God's honour and Glory as the sure and infallible foundation whereupon the Policies of every good Common-Wealth are to be erected and knit and as the straight line whereby it is wholly to be directed and governed and as the chief Pillar and Buttress wherewith it is continually to be sustained and maintained And like as the well and perfect doing of this cannot but make good success in all the rest so the remiss and loose dealing in this cannot but make the rest full of imperfections and doubtfulness which must needs bring with them continual Change and alteration things much to be eschewed in all good Governances and most of all in matters of Faith and Religion which of their natures be and ought to be most Stable Wherefore her Highness willeth and most earnestly requireth you all first and principally for the Duty you bear unto God whose cause this is and then for the Service you owe to her Majesty and your Country whose Weal it concerneth universally and for the Love you ought to bear to your selves whom it toucheth one by one particularly That in this Consultation you with
but that they will so lovingly carefully and prudently consider and weigh this great and weighty Matter that such provision out of hand be taken therein as her Highness shall be preserved in all Honour and Royal Dignity and you and the rest of her Loving Subjects in common quiet and surety Now to make an end The Queen's Majestie 's pleasure is That you her welbeloved and trusty Knights of her Shires and Burgesses according to your laudable Custom shall repair to your Common House and there deliberately and advisedly Elect or rather amongst so many already Elect persons select one both grave and discreet who after he be by you presented and that Presentation by her Highness admitted shall then occupy the Office and Room of your Common Mouth and Speaker and of your day of presentation the Queens Majesty giveth you As soon as the Lord Keeper had ended his Speech and the Knights Citizens and Burgesses retired to the House of Commons to Elect and choose their Speaker Francis Spilman Esq Clerk of the Upper House stood up and read the Names of Receivers and Tryers of Petitions in French according to the Ancient and unusual manner And because I resolve in all the ensuing Journals of the said House during the Reign of this most Sacred Queen only to set down their said names without tying my self to the express Form or Language therefore I have in this place once for all Transcribed the exact Form thereof as it is entred in the Original Journal Book of the Upper House A. isto primo Regin Eliz. with this difference only that whereas it is there entred before the beginning of the said Journal here I have caused it to be referred unto and placed in that day to which it more properly belongs After which also divers Animadversions touching the Ancient use and nature of the said Receivers and Tryers are inserted Recepveurs des Petitions d' Angleterre Ir'land Gallee et D'Escoce Messire Robert Catelyn chl chef Justicier Et ceux qui veuleut delivrer leur Petitions les baillent dedans six jours prochainement ensuivants Messire Guillame Cordell chl garden des Rolles Messire Umfrey Browne chl et Justicier Messire Rich. Reed chlr Docteur Lewis Docteur Harnye Recepveurs des Petitions de Gascoigne et des autres terres et pais de per de la mer et des Isles Messire James Dyer chl et Justicier Et ceux qui veuleut delievrer leur Petitions les baillent dedans six jours prochainement ensuivants Messire Edward Saunders chl le chief Baron Messire Anthony Browne Justicier Messire Johan Vaughan Docteur Mowse Et sout assignes trieurs des Petitions d' Angleterre Ireland Gallee et d' Escoce Larcheresque de York Toute eux ensembles ou quatre des Prelattes et Seigneurs avant ditz appellants auecque eulx Mons. Le Garden du grand-Seal et Le Thesaurarier et ausi les Serians de la Roigne quand besoigne sera et tiendrout leur places en la Chambre du Chambrelain Le Marquisse de Winchester Thesaurar de Angleterre Le Duc de Norf. Conte Marescalle de Angleterre Le Cont de Arundel Le Cont de Rutland Le Cont de Bedford Le Cont de Pembrooke Le Baron Clinton et Saye Le Grand Admiral de Angleterre Le Baron Rych Et sout assignes Trieurs des Petitions de Gascoigne et de autres terres et pays per de la mer et des Isles Le Marquiss de Northampton Toute eux ensembles ou quatre des Prelats et Seigneurs avant-ditz appellants a-vecques eulx les Serjeans de la Roigne quand il sera besoigne et tiendrout leur places en le Chambre de Thesaurarier Le Conte de Shrewsbury Le Conte de Sussex Le Conte de Huntingdon Le Evesque de London Le Evesque de Carlisle Le Baron Howard d'effingham Chambrelaine de la Roigne Le Baron Stafford Le Baron Willoughby Le Baron Williams de Thame Le Baron North. The Knights Citizens Burgesses and Barons of the House of Commons having Notice about one of the Clock in the Afternoon of this foresaid Saturday being the 28th day of Jan. That her Majesty the Lord Keeper and divers Lords Spiritual and Temporal were set in the Upper House expecting their attendance they repaired immediately thither with Sir Thomas Gargrave Knight their Speaker Elect and being let in as many as conveniently could the said Sir Thomas Gargrave was led up to the Rail or Bar at the lower end of the said House by two of the most honorable Personages of the House of Commons where after three Reverences made to her Majesty he modestly and submissively excused himself as being unable to undergo the many and great difficulties of that place to which by the Grace of the Queen and the undeserved favour of the House of Commons he had been chosen Alledging withal that there were many Members in that House more worthy of the honour and more able to undergo the Charge of that service than himself And therefore desired and humbly advised the Queen's Majesty to free him from that employment and to commend to her Knights Citizens and Burgesses of the House of Commons the Choice of some other of their more able Members But notwithstanding all these reasons and excuses according to the usual form by the said Prolocutor alledged Sir Nicholas Bacon Knight Lord Keeper of the Seal by her Majesties Commandment both encouraged him to the Careful undertaking of that Service and assured him of the Queen's acceptance and admission of him by this Oration following SIR Thomas Gargrave the Queen's Majesty doth right well perceive and understand your Comely and Modest manner in the disabling of your self for this Office and room whereunto her Trusty and Wel-beloved Knights and Burgesses have Elected you and do now presently present you and therewith also hath heard your Petition and Suit made with all humbleness and reverence for your discharge in this matter for answer whereunto her Majesty hath commanded me to say unto you that She her self right well doth understand that by the Orders and Rules of good Government and Policy Power and Authority to receive or refuse any Office of Service in any Common-Wealth should not be permitted to be in the Arbitriment of him who is thereunto Orderly called or appointed nor that the Judgment and discerning of Ability and disability in service pertaineth to the person called but to her Majesty asdoth right well appear by a Similitude that is old and Common but neither unapt nor untrue that is like as unto the head of a natural body pertaineth the appointment and as it were the Marshalling of every Member of the same Body to the particular Service and Office So to the Head of every Body Politick be it Emperor King or less State belongeth mediately or immediately derived the assignment and admitting of every Member of the same body to his Ministry
second time and Ordered to be ingrossed On Saturday the 11th day of February two Bills of no great Moment had each of them their third reading and were sent unto the House of Commons by Mr. Solicitor and Mr. Lewis of which the first was the Bill for explanation of the Statute of Seditious words and rumours Two Bills were brought up to the Lords from the House of Commons by Mr. Treasurer and others viz. The Bill of a Subsidy granted to the Queen's Majesty by the Temporalty and the Bill of a Subsidy of Tonnage and Poundage The said Mr. Treasurer being the Principal 〈◊〉 accompanied with divers other Members of the House of Commons came in the first rank of them to the Rail or Bar at the lower end of the Upper House and after three Congies made declared unto their Lordships That the Knights Citizens and Burgesses of the House of Commons had sent unto them two Bills of which he read the Titles and then Sir Nicholas Bacon Lord Keeper rising srom his seat came down to the Bar to receive them to whom the aforesaid Mr. Treasurer did in all humble manner deliver them and thereupon with the residue of his Company having made other three Congies departed On Monday the 13th of February the Bill for one Subsidy and two Fifteens and Tenths granted by the Temporalty was Read prima vice and Committed or rather reserr'd to the Queen's Attorny and Solicitor of which see a like improper Commitment on Saturday the 10th day of this Instant February foregoing in fine diei The Bill also of a Subsidy of Tonnage and Poundage was Read the second time but no mention is made that it was either referr'd to Committees or Ordered to be ingrossed and the Reason thereof was that this Bill had pass'd the House of Commons and was sent up unto the Lords on Saturday the 10th day of this instant February foregoing fairly ingrossed in Parchment and therefore can be no more ingrossed neither do the Lords ordinarily refer such Bills to Committees unless there be very great Cause in respect that each House holding Correspondency with other they do not willingly submit that to the Agitation of a private Committee which hath been allowed and approved by the Wisdom of the whole House A second reason that sometimes a Bill may neither be reserred to Committees nor Ordered to be ingrossed upon second reading although it hath not Passed the House of Commons may be because Bills of Grace viz. for the Restitution of Blood of Naturalization and such like are sent to the House from her Majesty fairly ingrossed in Parchment and Signed with her hand which for the most part do pass the House without any Stop or Question A third and last reason thereof may be when the Lords defer the Committing or ingrossing of any Bill unto some other time as sell out in the Bill touching the Commission of Sewers in A. 13. Regin Eliz. which was Read secunda vice on Fryday the 20th day of April and referred to Committees on the day following although sometimes it may be omitted likewise through the negligence of the Clerk of the Upper House The Bill lastly whereby the Queen's Majesty was restored in Blood to the Late Queen Ann her Highnesse's Mother was read tertia vice Communi omnium procerum assensu conclus Custos magni Sigilli continuavit presens Parliamentum usque in diem Mercurij prox ' hora nona On Wednesday the 15th day of February The Bill of a Subsidy and two Fifteens and Tenths granted by the Temporalty was read the second time but no mention is made that it was either referred to Committees or Ordered to be ingrossed vid. Consimil on Monday the 13th day of this instant February foregoing The Inhabitants of the Shires of Wales and County Palatine of Chester who are Charged as well with Mises as divers Subsidies now immediately due made Petition to the Lords to be respited and to have longer day for the payment thereof whereupon it was thought good by the Lords that the Queen's Majesty should be moved therein by the Lord Keeper of the Great Seal who having knowledge of her Will and Pleasure in that behalf signified the same unto the Lords according to which and for more Corroboration thereof it was in her Highnesse's name commanded that an Entry thereof should be made as followeth It is Ordered and Decreed by the Queen's Highness and assented unto by the Lords that in that year in which our Sovereign Lady the Queen's Highness shall award her Commission for the assessing and payment of any her Majesties Subsidies now due or by the Authority of this present Parliament to be due the Shires of Wales and Counties Palatine of Chester chargeable with the payment of the same and every of them shall not be charged or chargeable with the payment of the Mises now due to her Majesty nor in that year in which her Highness shall have payment of the said Mises the said Subsidies or any of them shall be paid by any the said Shires or County Palatine aforesaid Custos Magni Sigilli continuavit presens Parliamentum usque in diem Jovis prox ' bora nona On Thursday the 16th day of February the Bill of a Subsidy and two Fifteens and Tenths granted by the Temporalty being read tertia vice and by common consent concluded with certain Amendments to be inserted was delivered to Mr. Attorny and Mr. Vaughan to be carried to the House of Commons In which Bills sending down because both the manner of writing the said Amendments and the Subscription of the Lords under them do differ from all ordinary Proceedings if the Bill had Passed the Upper House without such Amendments therefore I have thought good to add the whole manner and form thereof according to a like President in the Original Journal Book of the House of Commons An. 39. 40. Regin Eliz. Decemb. 20th Tuesday although there be not mention there made in the Original Journal Book of the Upper House on this foresaid present Thursday the 16th day of February But because it is difficult to conjecture the Express manner of the Lords proceedings at this time therefore I can only apply the imitation of that President to this present occasion by probability The Lords having added certain Amendments to the Bill of Subsidy which had formerly Passed the House of Commons and been sent up from thence to their Lordships ingrossed in Parchment and so remained still the Bill of the same House did cause the said Amendments to be written in Paper and annexed them to the Bill shewing the Line and the place of the Line in the Bill where such words or Amendments should be put in and where any other former words in the Bill should be put out And then their Lordships subscribed or indorsed under the Superscription or indorsment of the House of Commons in the same Bill à Ceste Bille avecque les amendments à mesme le Bille annexe les
in the Upper House but nothing was done save only the Parliament continued by the Lord Keeper which is entred in the Original Journal-Book of the same House in manner and form following Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in horam secundam post Meridiem About which hour in the Afternoon the Queens Majesty came in person into the Upper House of Parliament where were then present to attend her Sir Nicholas Bacon Knight Lord Keeper of the Great Seal of England and divers other Lords both Spiritual and Temporal who being all set in their Parliament Robes according to their several Ranks in their due places the House of Commons had notice thereof and repaired thither with Sir Thomas Gargrave Knight their Speaker whose Speech to her Majesty and his very coming up being wholly omitted in the Original Journal-Book of the Upper House I have partly before supplyed it according to the usual course and added also the residue in like manner touching the substance of what he spake being also partly furthered in the setting down of it out of the Answer of Sir Nicholas Bacon Knight Lord Keeper of the Great Seal unto him whose said Answer I have also caused to be inserted at large out of a Copy thereof I had by me Sir Thomas Gargrave Knight before mentioned with as many of the Knights Citizens and Burgesses of the House of Commons as conveniently could being let into the Upper House and he placed at the Rail or Bar at the nether end of the same made a Learned Speech to her Majesty which is termed in the Original Journal-Book of the House of Commons fol. 214. b. A Learned Oration the effect whereof may very probably be gathered to have been as followeth viz. He declared unto the Queens Majesty and that present Assembly with what care and speed the House of Commons had this present Parliament enacted and passed many good Laws which remaining yet as a dead Letter and without force he did humbly desire that her Majesty would be pleased by adding her Royal Assent unto them to make them living and active Laws Then he desir'd in the name of the House that her Majesty would be pleased to accept of the good endeavours and desires of the said House of Commons expressed this Parliament in all their proceedings and more especially that her Majesty would be pleased to take in good part the free gift of her said Subjects who in token of their Love and Zeal to her Majesty did with one assent offer unto her not only the Subsidy of Tonnage and Poundage but likewise one Subsidy and two Fifteens and Tenths as an undoubted effect and Testimony of their Duty and thankfulness towards her Majesty for those many blessings and benefits which had accrued to the Church and State by her Highnesses most lawful and just Succession Lastly He concluded with an humble desire that her Majesty would be pleased to accept of his hearty and zealous thanks in allowing and admitting him though unworthy to that place of trust and importance and to pardon all those weaknesses and imperfections which he had unwillingly or casually discovered in the Execution of it To which said Speech of the Prolocutors Sir Nicholis Bacon Lord Keeper of the Great Seal having first repaired to the Queen to her Chair of Estate to know her Majesties pleasure as in her name and by her Command returned him this wise and large Answer M r Speaker The Queens Majesty hath heard how discreetly and wisely you have declar'd the proceedings of this Session in the House of Commons for Answer whereunto and for the better signification to be made to my Lords of the Upper House of the Judgment of the Parliament men and these Parliament matters her Majesties pleasure and Commandment is that I should open and utter unto you three things The one is what her Highness understandeth by your doings this Parliament of your wisdom and diligence The second what of your liberality and benevolence and therewith how comfortable the former is and how thankful the second The third what her Highness would you should do for the good Execution of the Laws devised by you and of the rest heretofore devised by others And here my Lords and Masters all albeit in labouring to bear this burthen I am much more like to fall than but to faint under it because neither am I able to perform it as the Queens Majesty hath commanded it nor as your deserts justly crave it nor as my will wisheth and desireth it Nevertheless my trust is that you will pardon my weakness and want so as no note of arrogancy or folly be ascribed to me for it seeing as you know by duty driven I do it I had rather and I know it much better for me to be silent and so to have no need of your pardon than by Speech to all your pains in hearing and to mine also in speaking to deserve to pray it if mine Office would suffer But now to the matter For the first part wherein her Majesty considereth how in the debating of the great and weighty Causes of this Parliament we have banished all suddain rash and swift proceedings dangerous Enemies to all good Counsel and in place thereof have taken such convenient leisure as the weightiness of the matters of their better consideration hath requir'd And again what freedom of Speech hath been used and permitted for the plain Declaration of every mans knowledge and Conscience yea and how men in some Cases and some places have been rather by gentle perswasions provoked than by any sharp manner of Speech by men of Council disswaded therefrom and therewith also how learnedly and cunningly the disputable matters being of moment have been agreed and reasoned how gravely and deeply weighed and considered how advisedly and considerately resolved and concluded and lastly with what nigh and universal consent they have been by you enacted and established Besides also remembring your great Studies and endeavours and diligences for the opening and declaring what may be said Pro contra in all causes of doubts to the end as it seemeth to her Highness that when all was said and heard on both parts that by any of your could be inferr'd or produc'd That that which should thereupon for all respects appear to stand most with the Honour and Glory of God and the common Wealth of the Realm might be the better and more safely agreed upon and determined When her Majesty I say remembreth and considereth these things she saith she cannot but much commend and allow your wisdom and diligence therein greatly to her comfort and consolation and much to all your praises and commendations For now her Majesty verily trusteth that like as no manner of determination in Parliament neither can nor ought by any private Man to be infringed or undone so these determinations of yours in this form begun proceeded and concluded cannot hereafter justly no not by
Majesty also in peril whom O Lord preserve which being warned you may easily foresee and provide for And this is all that at this time I have to say And therefore here to make an end her Majesty is contented according to your Petition to grant her Royal Assent to such Ordinances and Laws as have been devised and agreed upon by you in such order and form as by the Clerk of the Parliament according to the antient Order shall be read and declared I have said After the Lord Keepers Speech was ended the Queen's Majesty did doubtless give her Royal Assent to such Acts as passed at this Session but neither the foresaid Speech nor the passing of the said Acts are at all mentioned in the Original Journal-Book of the Upper House and therefore as the said Speech was transcribed out of a Copy thereof I had by me so is the manner of her Majesties giving her Royal Assent to such Acts as now passed supplied here according to a pattern or Platform thereof set down in the Original Journal-Book of the same House in an 39 Regin Eliz. which may very well serve in this place in respect that matters of form and course do seldom or never differ The Clerk of the Crown standing up did first read the Titles of all the publick Acts to every one of which allowed by the Queen the Clerk of the Upper House read these French words following viz. La Roigne le veult i. e. The Queen wills it Then were read the Titles of all the private Acts to each of which that passed the said Clerk of the Upper House read the Queens Answer in these French words following viz. Soit faite come il est desire i. e. Be it done as it is desired These two last Answers to the publick and private Acts that pass are to be written by the said Clerk at the end of every Act. To such Acts as her Majesty did forbear to allow the Clerk of the Upper House read in these French words following viz. La Roigne s'advisera i. e. The Queen will advise upon it Then in the third place after the Titles of all the publick and private Acts were read and the Answers to them as aforesaid then the said Clerk of the Crown standing up did read the title of the Bill of Subsidy and then the Clerk of the Upper House standing up likewise did read the Queens Majesties Answer in manner and form following viz. La Roigne remercye ses loyaulx subjects accept leur benevolence aussi le veult i. e. The Queen thanks her loyal Subjects accepts their benevolence and also wills it The said Clerk having read the Queens acceptance and thanks for the Subsidy given as aforesaid did then upon the reading of the Title of her Majesties Pardon by the Clerk of the Crown as aforesaid pronounce in these words following the Thanks of the Lords and Commons for the same Les Prelats Seigneurs Communes en ce present Parliament assembles an nom de touts vous autres subjects remercient tres humblement vostre Majestie prient à Dieu vous donner en santè bonne vie longue i. e. The Prelates Lords and Commons in this present Parliament Assembled in the name of all your other Subjects most humbly thank your Majesty and pray to God to give you in health a long and happy Life The manner of her Majesties Royal Assent being thus transcribed according to the Pattern of the said President in the end of the Original Journal-Book an 39 Regin Eliz. now followeth the Dissolution of this present Parliament by Sir Nicholas Bacon Knight Lord Keeper upon her Majesties Commandment which is entred in the Original Journal-Book of the Upper House in manner and form following Nicolaus Bacon miles Dominus Custos magni Sigilli ex Mandato Dominae Reginae tune praesent is praesens hoc Parliamentum dissolvit The Acts being thus passed her Majesty retir'd and put off her Parliament Robes and so returned to her Court at Whitehall ☞ Nota That Francis Spilman Esq at this time Clerk of the Upper House did after the Parliament ended transcribe out all such Acts as passed and certified them into the Rolls and did at the end of every publick Act transcribe the French words ensuing La Roigne le veult Being the same words which the Clerk of the Upper House doth usually and now did pronounce in the same House upon her Majesties allowance of each publick Act as aforesaid But as for the private Acts there was some more and greater Ceremony observed in the transcribing and Certifying of them into the Rolls by the said Clerk of the Upper House which although it be omitted in the end of the Original Journal-Book of this present Parliament an 1 Regin Eliz. yet I have caused to be supplied according to the form of a draught thereof set down in the end of the Original Journal-Book of the Upper House an 39 Reginae ejusdem which may very well serve to be supplyed and added unto the end of this present Journal in respect that matters of form do seldome or never differ in which I have only caused the direct times and persons to be sitted to this said foregoing Journal At the head therefore of every such private Act so certified into the Rolls as aforesaid was doubtless written in Latin as followeth In Parliamento inchoat tent apud Westm. die Jan. An. Regni serenissimae atque excellentissimae Dominae nostrae Elizabethae Dei grat Angl-Franc Hib. Regin fidei defensor c. Primo ibidem continuat usque ad in Octavam diem Maii tunc prox sequent communi omnium Dominorum tam spiritualium quam temporalium communitatis consensu Regiae Majestatis tunc praesentis assensu inter alia sancitum inactitatum ordinat stabilitum suit sequens hoc statutum ad verbum ut sequitur viz. And at the foot or end of every such private Act were these ensuing words in Latin likewise added as the said foregoing president doth very certainly infer Ego Franciscus Spilman who was Clerk of the Upper House in the first Year of Queen Elizabeth Armiger Clericus Parliamenti virtute brevis supradict dominae nostrae Reginae de Certiorand ntihi direct hiis annex certifico superius hoc scriptum verum esse tenorem Actûs Parliamenti supradicti in eo breve express In cujus rei Testimonium Sigillum nomenque meum apposui atque subscripsi Dat. die Anno Regni supradict dominae nostrae Reginae c. THE JOURNAL OF THE House of COMMONS A Journal of the Proceedings of the House of Commons in the Parliament holden at Westminster An. 1 Regin Eliz. An. Dom. 1558. beginning there after one Prorogation of the same on Wednesday the 25 th day of January and then and there continued until the Dissolution thereof on Monday the 8 th day of May An. Dom. 1559. THIS Journal of the first Parliament of her Majesty is not
appears in the Journal ensuing in an eodem 27 Regin Eliz. So also in the Parliament de an 31 Regin Eliz. Feb. 21. Friday M r Saint Pole served as one of the Knights for the County of Lincoln being also Sheriff of the same Shire And lastly in the Parliament de an 43 44 Regin Eliz. Decemb. 2. Wednesday Peter Frechevile Esq was returned one of the Knights for the County of Darby being afterwards appointed Sheriff of the same County as was also Robert Lhuyde Esq constituted Sheriff of the County of Merioneth in Wales having been formerly returned Knight for the said Shire as appeareth in the Journal of the same Parliament on Tuesday the 8 th of Decemb. In and by all which Presidents it doth appear and may probably be 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 these foregoing persons Sheriffs of the several Counties aforesaid not only after they were chosen but returned also Members of the House of Commons by which it is very plain she could not be ignorant of it and therefore her self and the said House did both allow of their being made Sheriffs as a thing well agreeing with the Priviledge of their former places and the service of that House and did not therefore give them a final discharge but only Liberty of recess about their necessary affairs into the several Counties before-mentioned as in the Case of Sickness or some other temporary cause of their absenting themselves from the House which being expedited they might return again to that service for doubtless if the said House had conceived that they had been disabled from their serving there by their new Offices 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 foresaid Counties for a new Election to have been made as in the Case of double Returns Death or the like is used And whereas in the Parliament de an 43 44 Regin Eliz. on Wednesday the 4 th day of November Sir Andrew Nowell being both Sheriff and Knight for the County of Rutland was wholly discharged and a Writ sent out de novo for a new Election That Case differed from all the foregoing Presidents and might well upon another reason be ordered by the House For the said Sir Andrew being Sheriff of the foresaid County of Rutland was afterwards Elected one of the Knights for the same and so compelled to return himself which could not be good in Law But if the said Sir Andrew had been chosen a Knight of some other Shire during his Sheriffalty or had been constituted Sheriff by her Majesty of the said County after he had been Elected and returned a Member of the House of Commons the Case had doubtless differed and the House would never have given Order for a new Writ to have been sent forth which course they observed in the two before-cited Presidents of M r Frechevile and Mr Lhuyde in the same Parliament Thirdly if these two places should not be competible then had it now lain in the Power of her Majesty or may lie in the power of any Soveraign of this Kingdom to have disabled as many Members from serving in the House of Commons as she should or could have constituted Sheriff She might have disfurnished or any Soveraign for the time being may disfurnish the said House at any time of all or the greater part of the ablest Members thereof Nota also That those words viz. Duos Milites Gladiis cinctos were inserted into the Writ of Summons after the Parliament an 13 E. 3. as may be gathered by the Parliament Roll of the same Year And whereas some have objected in the foregoing Case to prove that a Sheriff ought always to be attendant upon the affairs of the County and cannot therefore be a Member of the House of Commons the Objection is idle for till the tenth year of Queen Eliz. the Counties of Nottingham and Derby and of Warwick and Leicester had but two several Sheriffs as were also the Counties of Norfolk and Suffolk served with one Sheriff until the eighteenth Year of her Majesties Reign and so are the Counties of Sussex and Surrey served this present Year 1630. And antiently also as is plain by that MS. Catalogue of all the Sheriffs of England or the most part since the time of King H. 2. which is in many mens hands divers Counties were committed to one man as in an 1 H. 2. Richard Bassett and Awbrey de Vere were jointly constituted for Sheriffs of the several Counties of Norfolk Suffolk Northampton Essex Huntington Cambridge and Hartford and Robert Caran joined unto them for the Counties of Bedford and Buckingham From the Female Coheirs of the foresaid Richard Bassett being the Ancestor of the House of Weldon in Northamptonshire are lineally and undoubtedly descended the Families of Chaworth Stafford Knyvet Clinton Earl of Lincoln the Howards of the House of Suffolk and Clopton late of Kentwell in the County aforesaid and from the before-mentioned Awbrey de Vere is lineally descended as I take it Robert de Vere the nineteenth Earl of Oxford now living An. Dom. 1630. Upon the receit of the before-mentioned Writ and Election made accordingly the Sheriffs of every Shire made their several Returns of which the Form being set down in the old Book of Entries it shall be needless here to insert them But now having supply'd these matters of Form according to the usual Presidents the next passages follow out of the Original Journal-Book of the House of Commons On Wednesday the 23 th of Jan. Anno Regni Regin Eliz. Primo The Parliament should have begun according to the Writs of Summons but by the Queens Commission directed to Sir Nicholas Bacon Knight Lord Keeper of the Great Seal of England the Lord Treasurer and others to Prorogue the same until Wednesday the 25 th day of the same Month it was so done accordingly On Wednesday the 25 th day of Jan. The Parliament held and began according to the last Prorogation thereof but there is no mention made in the Original Journal-Book of the House of Commons where or by whom the Names of the Knights Citizens and Burgesses of the said House were called that so it might be seen who were present But most certain it is that at this day they took no Oath before the beginning of this present Parliament because that of Supremacy which was afterwards taken was not enjoyned by Statute till this first year of her Majesty But most likely it is that Hen. Fitz-Alan Earl of Arundell at this time Lord Steward of her Majesties Houshold did both cause their names to be called in some place near the Upper House and their Appearance to be Recorded before her
Clerk of the said House having read the title and the Bill aforesaid standing kissing his hand delivered the same with a Breviate containing the substance of the Bill annexed unto it unto the Speaker who thereupon standing up uncovered and reading both the Title and the Breviate said This is the second reading and the having paused a while and as it is likely none speaking against the Bill he put the question for the committing thereof as followeth viz. As many as do think fit this Bill should be committed say Yea. And after the affirmative voice given as many as shall think the contrary say No and then as it should seem the Speaker judging that the affirmative voice was the greatest did put the House in mind to name Committees And thereupon every one of the House that listed did name such other Members of the same to be of the Committee as they thought fit and the Clerk either did or ought to have written down as many of them as he conveniently could and when a convenient number of the Committees named were set down by the Clerk then did the Speaker move the House to name the time and place when and where they should meet which the Clerk did also doubtless then take a note of and did also Silence being made in the House read out of that Book or Paper in which he entred them the Committees names with the time and place of their meeting And it is most probable that the Clerk of the House of Commons himself or his servant in the. transcribing out of the foresaid notes into that Book which now remaineth the Original Journal of the said House for this present Parliament did there wittingly and knowingly forbear to insert the names of the other Committees appointed in the foregoing Bill with the time and place of their meeting as matters of Form and not essential to the said Journal The Bill for a Subsidy and two Fifteens and Tenths granted by the Temporalty was read the first time M r Carrell on the behalf of the Committees who were appointed on Monday the 30 th day of January foregoing to consider of the validity of the Writs of Summons of the Parliament foregoing and this present now Assembled in respect that these words Supremum caput were wanting in them did make report that it was agreed by the said Committee that the want of the said words did not at all hinder or impeach the validity of the said Writs of Summons and so consequently of those preceding Parliaments or this present now Assembled On Saturday the 4 th day of Feb. the Bill for Tonnage and Poundage to be granted to the Queens Majesty was read the second time and Ordered to be Ingrossed There passed divers Arguments in the House touching a Request to be made to the Queens Highness for her Marriage but by whom the said Arguments were made or what the substance of them was or what was resolved by the House upon them is through the negligence of the Clerk of the House of Commons omitted in the Original Journal-Book of the same yet it may easily be gathered by that which followeth on Monday the 6 th day and on Friday the 10 th day of this Instant February ensuing that the House did this day Resolve that such a Petition should speedily be drawn February the 5 th Sunday On Monday the 6 th day of Feb. the Bill for the Subsidy granted by the Temporalty was read the second time and thereupon Ordered to be Ingrossed The Bill for the restitution of Tenths and First-Fruits was brought from the Lords by M r Attorney and M r Sollicitor the manner of whose delivery thereof being not found in the Original Journal-Book of the House of Commons I have caused to be supplied according to the usual course thereof The said M r Attorney and Sollicitor being admitted into the said House came up close to the Table where the Clerk sate and made three Congies and then acquainted Sir Thomas Gargrave the Speaker that the Lords had sent unto the House such a Bill of which one of them read the Title and so again departed the House having made three other Congies It was Ordered by the House that M r Speaker with all the Privy-Council and thirty other Members of the same should attend upon the Queen this Afternoon to petition her Majesty touching her Marriage in such manner and Form as had been on Saturday last agreed upon but whether they were admitted to her Majesties presence doth not appear nor can possibly be gathered out of the Original Journal-Book of the House of Commons neither in what manner their Petition was framed although it is plain by her Majesties Answer inserted at large on Friday the 10 th day of this instant February ensuing that it was only general to perswade her Majesty for the welfare of her State and Kingdom to be pleased to marry without limiting the time Person or place And howsoever whether this aforesaid Petition were delivered this Afternoon or no most likely it is that her Majesty deferred and took time to give an Answer in so weighty a business until the said 10 th day of February aforesaid which I do the rather gather not only from the above-mentioned Original Journal-Book it self in which there is no report or mention of her Majesties Speech made unto the House by the Speaker until in the Forenoon of the said day but also from an antient written Copy of her Majesties said Answer which I had by me in which it is referred unto the said 10 th day of February as then uttered by her which will also more fully appear in the passages of the said day where it is at large set down On Tuesday the 7 th day of February the Bill that the Citizens of York may take Apprentices notwithstanding the Statute to the contrary was read the first time The Bill also for the Subsidy of Tonnage and Poundage was read the third time and passed which may be gathered by these words viz. Judicium assent placed in the inner margent before the beginning of the entrance of the title of the said Bill in the Original Journal-Book of the House of Commons by which words I suppose the Clark intended as much as if he had recorded it at large that upon the said third reading of the Bill it passed the House by the judgment and assent of the same The manner and form of which third reading I have thought good to cause to be applied to the present occasion according to the usual course therein accustomed The Clerk of the House standing up read the Title and the Bill aforesaid and kissing his hand delivered the same unto the Speaker who standing up uncovered read again the Title of the said Bill and opened shortly the effects thereof and then said This is the third reading of this Bill and told them further that with their favour he would now put it to the Question for the
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
of Recording such presence in all the Original Journal-Books of the Upper House both of former and latter times which is so obvious to every mans curiosity that will search that it needs no further dilating Pr. Nicolaus Bacon Miles Dominus Custos magni Sigilli Pr. Marchio Winton Thesaurarius Angliae Pr. Dux Norfolciae Comes Mareschallus Angliae Pr. Marchio Northampton Pr. Comes Arundell Seneschallus Hospitii Dominae Reginae Pr. Comes Northumbriae Comes Westmoreland Pr. Comes Salop. Pr. Comes Darbiae Pr. Comes Wigorn. Pr. Comes Rutland Comes Cumberland Comes Sussex Pr. Comes Huntington Comes Bathon Pr. Comes Bedford Pr. Comes Pembrooke Pr. Vice-Comes Hereford Pr. Vice-Comes Mountague Vice-Comes Howard de Bindon In the next and second Rank after the Spiritual Lords are the names of the Lord Keepers and of all other Temporal Lords entred above the degree of Barons and the reason why the names of the Spiritual Lords are thus entred before the Lord Keepers and all other Temporal Lords although divers of them enjoy likewise the great Offices of the Kingdom is not because they have all precedence of them but either in respect that the Archbishop of Canterbury when there is one is the first Peer of the Realm and so one of the rank with whom they sit in the Upper House and therefore ought to be ranked with him or else in respect of their Ecclesiastical Dignities which are preferred before the Temporal as the Church is before the Common-Wealth Pr. Dominus Clinton Admirallus Angliae Pr. Dominus Howard de Effingham Camerarius Dominae Reginae Pr. Dominus Burgavenny Dominus Audley Pr. Dominus Strange Dominus Zouch Pr. Dominus Barkeley Pr. Dominus Morley Pr. Dominus Dacres Pr. Dominus Dacres de Gillesland Pr. Dominus Cobham Dominus Stafford Dominus Grey de Wilton Pr. Dominus Scroope Dominus Dudley Pr. Dominus Lumley Dominus Montery Dominus Ogle Pr. Dominus Darcie Pr. Dominus Mountegle Dominus Sandes Pr. Dominus Vauxe Pr. Dominus Windsor Pr. Dominus Wentworth Pr. Dominus Mordant Pr. Dominus St. John Pr. Dominus Cromwell Pr. Dominus Evers Dominus Wharton Dominus Riche Pr. Dominus Willoughbye Pr. Dominus Sheffield Dominus Pagett Pr. Dominus Darcie de Chiche Dominus North. Pr. Dominus Chandos Pr. Dominus Haistings de Loughborough Pr. Dominus Cary de Hunsedon Pr. Dominus St. John de Bletsoe In this third and last rank are placed the Barons names of which the two first precede in respect of their Offices the rest follow according to their several rights The presence of the Lords being thus transcribed out of the Original Journal-Book of the Upper House there is nothing worthy the further observation therein but only that the Abbot of Westminster who sat all the last Parliament is not here at all mentioned and the reason was because himself with five other Abbots and Abbesses and many other of the Popish Clergy were deprived of their Ecclesiastical Promotions in An. Dom. 1559. at the end of the last Parliament And now in the next place follows the manner of the Presentment of the Speaker with his several Speeches and the Lord Keepers Answers at large out of a Memorial thereof I had by me which I conceive for the most part to be the very Autography or Original Copy thereof taken by the hand of some industrious Member of one of the Houses or at least some other Hearer at this time present in the Upper House It being set down in a hand at that time and full of interlinings and amendments The Queens Majesty being set under her Cloth of Estate and the Lords having placed themselves according to their several Ranks in their Parliament Robes the Knights Citizens and Burgesses of the House of Commons had notice thereof and thereupon repairing to the Upper House with Thomas Williams Esq their Speaker Elect were as many of them as conveniently could let in and the Speaker was led up unto the Bar or Rail at the lower end of the said House between Sir Edward Rogers Knight Comptroller of her Majesties Houshold and Sir William Cecill Knight her said Majesties Principal Secretary all of them making in their proceeding up thither three Obeysances and the said Speaker being placed there after he had made three other like Obeysances began as followeth RIght Excellent and most Vertuous Prince our Renowned and Dread Soveraign Lady on Tuesday last it pleased your Highness by the Mouth of the Right Honourable the Lord Keeper of the Great Seal for the more ease of the nether House of this Parliament to Command them to go and Assemble themselves and to Elect one being wise discreet and learned to be their Speaker who after a Consultation had with one Voice did Elect me being indeed insufficient as by and for divers Causes I did then to them declare Howbeit whether it were that they being so many wise men together at the Electing of me and therefore would not seem to speak against their own Election or for what other cause I know not but they refused my denial and stood to their said Choice and now present me here to be at your Graces Appointment I therefore knowing my own imbecillity and yet not arrogantly refusing the same as one amongst the Romans chosen from the Plough to a place of Estimation and after to the Plough again even so I a Countryman sit for the same and not for this place most humbly desire your Majesty to discharge me hereof and to appoint some other more able and I as I am bounden will not only pray for your Highness but also serve your Highness and my Country to my power in the place of a Citizen whereunto first I was Elect and appointed Then the Queen Called the Lord Keeper to her declaring to him her Opinion for the Answering of him whereupon he returned to his place and Answered as followeth M r Williams The Queens Majesty hath well heard and pondered your Speech and doth well perceive your modest and humble manner in the disabling your self to that place whereunto her well-beloved Subjects have Elected and Chosen you and now accordingly presented you and hath also heard your Suit for discharge of the said Room and for Answer she hath Commanded me to declare unto you that she commendeth well your modest and humble manner in so disabling your self knowing that Judgment appertaineth to the Caller and not to the party Called And forasmuch as her Majesty is credibly informed as well of your knowledge and experience in other Parliaments as in other great and weighty matters she thinketh now therefore she cannot disable you without some peril to the Realm and the rather for that the wise Knights Citizens and Burgesses have nominated and Chosen you she cannot grant your Petition And besides that your modest Order in disabling your self doth right well declare your ability to furnish the place for which cause the doth allow this Election and Presentation made of you not doubting your care to be such but
and there seemeth to be but one direct President of it which is entred in the Original Journal-Book de An. xxv Henr. 8. die Mercurii 4 die Februarii in these words viz. Hodie Dominus Cancellarius co quod die crastino Domini circa ardua negotia in Camerâ Stellatâ consultaturi Domini spirituales die Veneris in convocatione convers fuerint ex consensu totius Domus continuavit hoc praesens Parliamentum in diem Sabbati horâ consuetâ By which President also it may be plainly collected that the House did sometimes forbear sitting on Convocation Days when the Lords Spiritual were absent Of which also there is another President in the Original Journal-Book of the Upper-House de an 7 Hen. 8. die 30 Novembris where it is thus entred Dominus Cancellarius propterea quod Domini spirituales in Convocatione crastino die occupandi sunt continuavit praesens Parliamentum usque ad diem Lunae But notwithstanding these Presidents it is plain that the other Lords may sit if they please on Convocation days or Star-Chamber-Days For as touching the first it is plain by the Original Journal-Book de an 1 Hen. 8. that the Temporal Lords sat every Convocation Day though they did no other business than receive Bills from the Commons And for the second there is an Excellent President tempore Jacobi Regis to prove that the Lords of the Upper-House are not bound to observe Star-Chamber-Days though usually they do for it appears plainly by the Original Journal-Book de an 18 Regis ejusdem die Martis 24 die Aprilis that upon a motion made that day unto the House that there was a great Cause in the midst of hearing to be heard in the Star-Chamber the day following being Wednesday the Lords were contented to forbear sitting that day but withal it was provided that it should not be drawn into a President but that the House being the supream Court may sit upon any Star-Chamber day notwithstanding the absence of such Lords as do use to attend that Court And accordingly the House was Adjourned unto the next day being Wednesday in the Afternoon And the next Star-Chamber Day being Friday the 26 th day of April the House did sit both in the Forenoon and in the Afternoon Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in diem Jovis prox hora nona On Thursday the 28 th day of January the Lords Spiritual and Temporal Assembled but nothing was done save only the Parliament continued in usual Form usque in diem Sabbati hora nona On Saturday the 30 th day of January the Bill for Assurance of certain Lands assumed by the Queens Majesty during the Vacation of Bishopricks was read secunda vice although not mentioned through the negligence of the Clerk commissa Archiepiscopo Eboracen Duci Norfolciae Marchion Northampton Comiti Salop. Comiti Derby Comiti Rutland Comiti Huntington Comiti Bedford Comiti Pembroke Episcopis London Dunelm Winton Hereford Elien Domino Clinton Admirallo Domino Howard de Effingham Camerario Domino Dacres de Gillesland Domino Lumley Domino Rich Domino Willoughby Domino Hastings de Loughborough Domino Hunsden ac dnobus primariis Justiciariis Primario Baroni Scaccarii Nota That here the Judges who are but Assistants unto the Upper House are made joint Committees with the Lords see also a like President on Tuesday the 26 th day of this Instant January foregoing Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in diem Lunae prox hora nona On Monday the first day of February the Lords Spiritual and Temporal Assembled but nothing was done save only the Parliament continued in usual Form usque in diem Mercurii prox hora nona On Wednesday the 3 d of February the Lords also Assembled but nothing was done save only the Parliament continued by the Lord Keeper usque ad diem Sabbati prox hora nona On Saturday the 6 th day of February to which day the Parliament had been on Wednesday last continued a Bill against forging of Evidences and Writings was read the first time On Monday the 8 th day of February the Bill against forging of false Deeds and Writings was read the second time commissa ad ingrossand On Tuesday the 9 th of February the Bill touching Pewterers was read the first time Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in diem Jovis prox hora nona On Thursday the 11 th day of February the Bill against forging of false Deeds and Writings was read tertia vice conclusa and sent down to the House of Commons by the Queens Attorney and Sollicitor On Monday the 15 th day of February to which day the Parliament had been on Thursday last continued The Bill touching Fines to be levyed in the County Palatine of Durham The Bill against carrying over Sea of Sheep Skins and Pelts not being Staple Ware And the Bill to revive certain Statutes Repealed for Servants robbing their Masters the punishment of the Vice of Buggery against fond and phantastical Prophecies and for the punishment of Invocation of evil Spirits Inchantments Witchcrafts and Sorceries were brought from the House of Commons and each of them read prima vice Two Bills also had each of them their first and second reading of which the latter being the Bill for the Restitution in Blood of Thomas Brooke William Cromer and Cutbert Vaughan and others commissa fuit Domino primario Justiciario Com. Placitor On Tuesday the 16 th day of February the Bill for Restitution in Blood of Anne Thomas The Bill for Restitution in Blood of the Heirs of Thomas Isely And the Bill for Restitution in Blood of Thomas Diggs were each of them read primâ secundâ tertiâ vice conclus and were with two others sent down to the House of Commons by Serjeant Carus and the Queens Attorney Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in diem Crastinum hora nona On Wednesday the 17 th day of February the Lords Spiritual and Temporal Assembled but nothing was done save only the Parliament continued by the Lord Keeper in usual Form usque in diem crastinum hora nona On Thursday the 18 th day of February the Bill touching Fines to be levied within the County Palatine of Durham and the Bill against carrying of Sheep Skins and Pelts over the Seas not being Staple Wares were each of them read tertia vice conclusae On Saturday the 20 th day of February to which day the Parliament had been on Thursday last continued Three Bills were brought up to the Lords from the House of Commons of which the first being the Bill of one Subsidy and two Fifteens and Tenths granted by the Temporalty was read the first time The Bill for Assurance of certain Lands to Sir Francis Jobson was read the first time whereupon the Lords took Order that the Learned Counsel
as well of the said Francis as of the Bishop of Durham whom it concerned should on Saturday then next following be heard what could on either side be said in furtherance or disallowance of the same The Bill also for the Assurance of the Queens Majesties Royal Power over all States and Subjects within her Dominions was brought up to the Lords from the House of Commons On Monday the 22 th day of February two Bills had each of them one reading of which the first being the Bill of one Subsidy and two Fifteens and Tenths granted by the Temporalty was secunda vice lect but no mention is made that it was either Ordered to be ingrossed or referr'd to Committees because it had been formerly sent up to the Lords from the House of Commons On Tuesday the 23 th day of February the Bill of one Subsidy and two Fifteens and Tenths granted by the Temporalty was read tertiâ vice communi omnium Procerum assensu conclus and sent to the House of Commons by Serjeant Carus and Doctor Huicke Nota That this Bill of Subsidy after it had passed the Upper House was not by them altered or amended in any thing but only sent back again unto the House of Commons to whom it did most properly belong and is on the last day of the Parliament or Session of Parliament to be brought up by the Speaker of the said House as it was at this time on Saturday the 10 th day of April ensuing and presented unto her Majesty by Thomas Williams Esq Prolocutor of the said House at this present Session before she gave her Royal Assent to such Acts as passed On Thursday the 25 th day of February the Bill for the Assurance of the Queens Majesties Royal Power over all States and Subjects within her Dominions was read the first time On Saturday the 27 th day of February the Bill for Restitution in Blood of the Children of Thomas Cranmer late Archbishop of Canterbury and the Bill declaring the Authority of the Lord Keeper of the Great Seal of England and the Lord Chancellor to be one were each of them read prima vice Eight Bills were brought up to the Lords from the House of Commons of which the first being the Bill of one Subsidy and two Fifteens and Tenths granted by the Temporalty and the second against carrying over Sheep Skins and Pelts over the Seas not being Staple Ware were each of them returned conclus This day according to the Order formerly taken Sir Francis Jobson with his Counsel came before the Lords and by them declared ..... And no more is set down in the Original Journal-Book of the Upper House and by the negligence of the Clerk the matter is so left abruptly but it doth plainly appear that it was touching the Assurance of certain Lands which concerned the Bishop of Durham ut videas on Saturday the 20 th of this Instant February foregoing On Monday the first day of March two Bills of no great moment had each of them one reading of which the second being the Bill for the Restitution in Blood of the Sons and Daughters of the late Lord Hussey was read prima vice A Proviso to be annex'd to the Bill for the Assurance of the Queens Majesties Royal Power over all Estates and Subjects within her Dominions was read primâ secunda vice commissa ad ingrossand On Tuesday the 2 d day of March Ten Bills of no great moment had each of them one reading of which the first being the Bill for the Confirmation of a Subsidy granted by the Province of Canterbury and the second against such as sell Wares for Apparel without ready money to persons under two hundred pound Lands or Fees were each of them read prima vice The Bill also for Restitution in Blood of the Children of Thomas Cranmer late Archbishop of Canterbury was read secunda tertia vice conclus and was with the Bill for the Children of the Lord Hussey which had likewise this day passed the House upon the third reading sent to the House of Commons by Sir Richard Read and Serjeant Carus On Wednesday the 3 d day of March Three Bills had each of them one reading of which the last being the Bill for the Assurance of the Queens Majesties Royal Power over all States and Subjects within her Dominions was read tertia vice with certain Provisions thereunto annexed by the Lords which were thrice severally read conclus A Proviso annexed by the House of Commons to the Bill against forging of false Deeds was read prima secunda tertia vice commissa Domino Rich Domino Willoughby Primario Justiciario Banci Regii Justiciario Browne Quod Nota Because no Bill or Proviso is usually committed after the third reading On Thursday the 4 th day of March The Bill for the Restitution in Blood of Sir Ralph Chamberlain Knight and John Haleston Esq The Bill against such as sell Wares for Apparel without ready money to persons under two hundred pound Lands or Fees The Bill for the punishments of Vagabonds calling themselves Egyptians And the Bill for uniting of Churches within the City of Winchester were each of them read secunda vice but no mention is made that they were either Ordered to be ingrossed or referred to Committees because they had been formerly sent from the Lords The Bill also for Restitution in Blood of William West and the Bill for the Town of Southampton were each of them read the first time and thereupon committed to Justice Southcote Serjeant Carus and the Queens Attorney Nota That these two Bills last mentioned were not only committed after the first reading which is not usual till the second but also committed to meer Assistants which are not Members of the House and therefore in both respects the President is more rare and remarkable vide consimile on Tuesday the 26 th day of Jan. foregoing On Saturday the 6 th day of March The Bill for the Subsidy of the Clergy And the Bill for the Restitution in Blood of Edward Turner were each of them read tertiâ vice conclus commis Servienti Carus Ricardo Read in Domum Communem deferend Three Bills were brought up to the Lords from the House of Commons of which the first was the bill for avoiding of divers Foreign Wares made by Handy-crafts-men beyond the Seas and the second touching Badgers of Corn and Drovers of Cattle to be Licensed Three Bills lastly of no great moment had each of them one reading of which the first being the Bill for the further punishment of Vagabonds calling themselves Egyptians was read tertia vice conclusa dissentiente Comite Arundel On Monday the 8 th day of March Six Bills of no great moment had each of them one reading of which the third being the Bill against such as shall sell any Wares for Apparel without ready money c. The Bill declaring the Authority of the Lord Keeper
same so that the referring of a Bill to Committees is scarce discoverable in respect that the name only of one of them is for the most part mentioned yet the manner of the Burgesses taking the Oath of Supremacy which was never in use before this Session of Parliament it having been enjoined by Statute in the first year of her Majesties Reign together with the manner of the Election and Presentment of the Speaker is very Methodically and Orderly entered And lastly whereas there is mention made in the Original Journal-Book of the House of Commons aforesaid that the Speaker with the whole House did exhibit their Petition to the Queens Majesty on Thursday 23. day of January in the Afternoon touching her Marriage and the Limitation of the Succession of the Crown which said Petition is there omitted I have therefore caused it to be inserted at large out of a Copy thereof I had by me which I gather by all concurring circumstances to be the very same which is only generally remembred in the said Original Journal-Books as aforesaid The second Parliament of the most Noble Princess Elizabeth by the Grace of God Queen of England c. begun at Westminster on Monday the 11. day of January in the fifth Year of her Gracious Reign By her Highness Commission directed to the Lord Keeper of the Great Seal the Lord Steward the Lord Treasurer the Duke of Norfolk c. to Prorogue the same Parliament until the 12. day of the same Month viz. the Morrow following And the Knights and Burgesses being sent for to come unto the Lords in the Upper House without any appearance of their names taken then by the Lord Steward and Lord Treasurer the Lord Keeper shewed in few words that the Queens Majesty was somewhat sick of a Stitch wherefore she had sent her Writ for the Prorogation until the Morrow which was done accordingly And on the Morrow being the 12. day of January about ten of the Clock the Queens Majesty with the Lords and Bishops in Parliament Robes did ride from the Palace to Westminster-Church and there heard a Sermon during which the Earl of Arundel being Lord Steward repaired unto Whitehall and there Recorded the Appearance of the Knights and Burgesses at which time also as may very well be collected by comparing this instant days passages with those of Thursday the third day of October in the Journal of the House of Commons de an 8 9 Regin Eliz. following the said Lord Steward did doubtless either in his own person or by his Deputies administer the Oath of Supremacy according to the Statute de an 1 Eliz. Cap. 1. to such Knights Citizens and Burgesses as were at this time present and appeared And after the Queen coming from the Church and being set in her Royal Seat in the Upper House and the Commons standing at the lower end of the Chamber The Lord Keeper of the Great Seal with great Eloquence declared this Parliament to be called for Religion Discipline and Aid to the State in defence of Enemies with Excellent Dilation of those Causes And in the end willed the Commons to repair to their House and there to chuse a discreet grave and wise man to be their Speaker and to present him to the Queens Majesty on Friday next in the Afternoon immediately the Commons resorted to their Common House where after they were set M r Comptroller standing up rehearsed the Lord Keepers Oration for the Election of a Speaker and said that in his Opinion M r Thomas Williams Esq one of the Fellows of the Inner-Temple being grave learned and wise was very meet to that Office whereupon the whole House with one intire Voice cried M r Williams M r Williams And then M r Williams standing up and reverently disabling himself required the House to proceed to a new Election unto whom M r Secretary Cecill Answering that the House had gravely considered of him and therefore required him to take the place and he approaching was led and set in the Chair by M r Comptroller and it was agreed by the House to meet all there again on Friday next at one of the Clock in the Afternoon to present M r Speaker to the Queens Majesty On Friday the 15 th of January in the Afternoon M r Speaker with the rest of the House of Commons went before the Queen in her Royal Seat where M r Speaker most humbly disabled himself requiring that a new Election might be made to the which the Queens Majesty confirming the same Election by the Mouth of the Lord Keeper M r Speaker made an Excellent Oration and in the end made the accustomed Petitions which being granted the Lord Keeper willed him with the rest to resort to the House of Commons there to deliberate upon matters necessary which being done The Bill for increase of Woods in Champain Grounds and saving of Bark of Timber to be felled was read the first time On Saturday the 16. day of January Two Bills of no great moment had each of them one reading of which one was touching Servants to serve their Masters And the other to put down an Iron-Mill near Guilford and were each of them read the first time A motion was this day made by a Burgess at length for the Succession of the Crown of which see more on Thursday the 28 th day of this Instant January ensuing January the 17 th day Sunday On Monday the 18 th day of January Five Bills of no great moment had each of them one and the first reading of which the second was the Bill for the assurance of the Mannors of Whiteacre and Whiteacre Burgh to Richard Bertie and Katherine Duchess of Suffolk his Wife from Walter Herenden being a Feoffee in Trust. Certain Arguments were this day had in the House by divers wise Personages for motion to be made for the Queens Marriage and Succession of the Crown On Tuesday the 19 th day of January the Bill for allowance to Sheriffs upon their Accompts for Justices Diets was read the first time M r Speaker with the Counsel and twenty four more of the House were appointed to meet this Afternoon to draw Articles of Petition for the Queens Marriage and Succession Vide Concerning this business on Thursday the 28. day of this Instant January following M r Comptroller is nominated one of them For that it seemed to the House being very full that they were a greater number than were returned therefore the names were immediately called and as they were called they departed out of the House and in the end ten or eleven remained who said they were returned and would bring Warrants thereof On Wednesday the 20. day of January Two Bills of no great moment had each of them one reading of which the second being the Bill for allowance to Sheriffs upon their Accompts for Justices Diets was read the second time and as it should seem Committed to M r Sackvill and others see a like
Dei gratiâ Angliae Franciae Hiberniae Reginae fidei defensor c. Sexto in quem diem praesens hoc Parliamentum Prorogatum fuerat convenerunt Domini tam spirituales quam Temporales quorum nomina subsequuntur Archiepiscopus Cantuarien Marchio Winton Thesaurarius Comes Suffex Comes Huntington Episcopus London Episcopus Roffen Dominus Clinton Admirallus Dominus Howard Camerarius Dominus Cobham Dominus Hunsdon Qui cum convenissent una cum populi atque Burgensium ut vocant satis magna frequentia praedictus Archiepiscopus Cantuarien paucis verbis declaravit conventum Procerum populi quem Parliamentum vocant in hunc diem destinatum à dicta domina Regina ccrtis quibusdam de causis considerationibus illam ad id specialiter moven differri in tricesimum diem Aprilis prox futurum atque ut tam proceribus quam populo palam fieret Regiam Majestatem ita constituisse Literas Commissorias dict Dominae Reginae Francisco Spilman Armig Clerico Parliamenti publicè clarâ voce legendas in manus tradidii Earum autem Tenor sequitur in haec verba Elizabetha Dei gratiâ Angliae Franciae Hiberniae Regina fidei defensor c. Reverendissimo in Christo Patri Matheo Cantuarien Archiepiscopo totius Angliae Primati Metropolitano ac Charissimo Consanguineo Consiliario suo Willielmo Marchioni Winton Thesaurario Angliae ncc non charissimis consanguineis suis Thomae Comiti Sussex Henrico Comiti Huntingdon Reverendis in Christo patribus Edmundo Episcopo London Edmundo Episcopo Roffen ac etiam praedilectis fidelibus consiliariis suis Edwardo Domino Clinton magno Admirallo suo Angliae Willielmo Domino Howard de Essingham Domino Camerario suo ac praedilectis sidelibus suis Willielmo Domino Cobham Gardiano sive Custodi quinque portuum suorum ac Henrico Domino Hunsdon salutem Cum nuper pro quibusdam arduis urgentibus negotiis nos statum defensionem Regni nostri Angliae ac Ecclesiae Anglicanae concernen praesens hoc Parliamentum nostrum apud Civitat nostram Westmonasterii duodecimo die Januarii Anno regni nostri Quinto inchoari teneri ordinaverimus à quo die idem Parliamentum nostrum tunc ibidem tent continuat fuerat usque decimum diem Aprilis tunc prox sequen ac post diversas Prorogationes idem Parliamentum nostrum usque ad in instantem Quintum diem Octobris Prorogatum ibidemque tunc tenend prosequend Sciatis tamen quod certis urgentibus causis considerationibus nos specialiter moven idem Parliamentum nostrum ulterius Prorogand duximus de sidelitate igitur prudentiâ circumspectione vestris plurimum considentes de avisamento assensu Concilii nostri assignavimus vos tres vestrum dantes vobis novem octo septem sex quinque quatuor tribus vestrum tenore praesentium plenam potestatem facultatem authoritatem hoc instan die Jovis ad praesens Parliamentum nostrum nomine nostro ad in tricesimum Aprilis prox futur usque praedictam Civitatem nostram Westmonasterii Prorogand continuand ibidemque tunc tenend prosequend ideo vobis mandamus quod circa praemissa diligenter intendatis ea in formâ praedicta effect ualiter expleatis Damus autem universis singulis Archiepiscopis Ducibus Magnatibus Comitibus Vice-Comitibus Episcopis Baronibus Militibus Civibus Burgen ac omnibus ahis quorum interest ad dictum Parliamentum conventur tenore praesentium firmiter in mandatis quod vobis in praenissis faciend pareant obediant intendant prout decet In cujus rei testimonium has Literas nostras fieri fecimus Patentes Teste me ipsa apud Westmonasterium Quinto die Octobris Anno Regni nostri Sexto The like Commission bearing date 30. die Aprilis An. 7 Eliz. was directed unto the Archbishop of Canterbury the Marquess of Winchester Lord Treasurer the Duke of Norsolk Earl Marshal of England the Earl of Arundel the Earl of Shrewsbury the Earl of Derby Thomas Earl of Sussex the Earl of Huntingdon the Earl of Pembroke the Earl of Warwick and the Earl of Leicester the Bishop of London and the Bishop of Rochester the Lord Cobham Warden of the Cinque-Ports the Lord Wentworth and the Lord Hunsdon Authorizing them 17 16 15 14 13 c. or three of them to Prorogue and continue the Parliament ut supra in the other Commissions mutatis mutandis unto the 4 th day of October next coming Teste me ipsa apud Westmonasterium 30 die Aprilis Anno Regni nostri Septimo On which 30 th day of April the Lord Treasurer the Duke of Norfolk the Earl of Arundel the Earl of Derby the Earl of Sussex the Earls of Huntingdon Pembroke and Warwick the Bishop of London the Lord Admiral the Lord Chamberlain the Lord Cobham the Lord Wentworth and the Lord Hunsdon did meet in the Parliament Chamber and in due and accustomed Form did Adjourn the Parliament unto the 4 th day of October according to the said Commission last specified and caused the said Commission to be publickly read by Francis Spilman Esq Clerk of the Parliament in hearing of the Commons then also present according to antient Custom in that behalf On the 4 th day of October Anno Regni Reginae Eliz. Septimo The like Commission ut supra bearing date the said 4 th day of October directed unto the Archbishop of Canterbury the Marquess of Winchester Lord Treasurer the Duke of Norfolk Earl Marshal of England the Earl of Sussex Chief Justice of all Forrests c. on this side Trent Ambrose Earl of Warwick Master of the Ordnance the Bishop of London and the Bishop of Rochester Edward Lord Clinton great Admiral of England William Lord Howard of Effingham Lord Chamberlain Thomas Lord Wentworth and Henry Lord Hunsdon authorizing them 10 9 8 7 6 5 4 and 3. ut antea mutatis mutandis to Prorogue and continue the same Parliament in Septimum diem Februarii prox futurum Teste me ipsa apud Westmonasterium 4 die Octobris Anno Regni nostri Septimo Which Commission was read by the Clerk of the Parliament in the Parliament Chamber in presence of ten of the Commissioners and of the Commons Memorandum quod hodie septimo die Februarii Anno Regni Eliz. Dei gratiâ Angliae Franciae Hiberniae Reginae sidei defensor c. Octavo in quem diem praesens hoc Parliamentum Prorogatum suer at convenerunt Domini tam spirituales quam temporales quorum nomina subsequuntur viz. Archiepiscopus Cantuarien Nicolaus Bacon Miles Custos magni Sigilli Marchio Winton Thesaurar Dux Norfolc Comes Marescallus Marchio North Comes Sussex Comes Warwick Episcopus London Episcopus Roffen Dominus Clinton Admirallus Dominus Howard Camerarius Dominus Wentworth Dominus de Hunsdon Qui cum convenissent unà cum populi atque Burgen ut vocant satis magnâ frequentiâ praedictus Nicolaus Bacon
you And I shall pray as I am bound to God for your long and prosperous Reign over us Then her Majesty called the Lord Keeper and Commanded him to Answer him which he did as followeth M r Speaker The Queens Majesty hath heard your humble Petitions and request made unto her the effect whereof she gathereth to stand in two points first for access to her person and secondly for good interpretation of your meaning and also larger Declaration thereof if need be For the former her Highness as her Noble Progenitors have done is well contented that in convenient time and for convenient Causes in convenient place and without importunity for that these parts now touched have not been afore this time so well handled as she trusteth now it shall be which considered as free access she granteth you as any other hath had For the second point because no man at all times may do so well but sometimes things may be uttered which may be mispoken for which cause in that time also you shall have her intreatable but she thinketh your circumspection to be such as she shall not therein need And so ended Now a word or two to remember you here present of both the Houses first this it is that I would advise you in this your proceeding to prefer the most weighty matters first and not trouble your selves with small matters and of no weight and therein also that all be done to understand the truth and to avoid all superfluous matters and losing or driving away of time Secondly It is profitable that you my Lords and all others that be here consider that long time requireth great expences and therefore wish you to make Expedition the rather to avoid the same And yet not meaning such Expedition that any thing needful to be done should be lightly passed over and not substantially done and seen unto but only I mean that you should settle your selves wholly to mighty matters and those which be necessary and to spare superfluous things and which needeth not And this is the sum I have to say Then the Speaker and the Knights Citizens and Burgesses of the House of Commons having made their low Reverence towards her Majesty departed to their own House and the Queen after the Lord Keeper had by her Majesties Commandment continued the Parliament unto the Morrow following returned into her Privy-Chamber and there shifted her and then repaired to her Barge and so to the Court Hactenus ex Memoriali praefato On Thursday the third day of October were three Bills read of which the last being the Bill for the better Execution of certain Statutes and for the reformation of certain disorders used in the Law was read primâ vice tunc commissa Archiepiscopo Cantuarien Duci Norfolciae Comiti Mareschall Angliae Comiti Salopiae Comiti Wigorniae Comiti Leicester Episcopo Dunelmen Episcopo Elien Episcopo Carliolen Domino Cobham Domino Grey de Wilton Domino Haistings Domino Primario Justiciario Banci Regis Domino Primario Baroni Scaccarii Scrvienti Carus Nota That this days passages are wholly transcribed out of the Original Journal-Book of the Upper House as are also the greatest part of the days following although the whole proceedings of Wednesday foregoing were inserted out of the before-mentioned Anonymous memorial touching the Speakers presentment and allowance which I had by me Nota also That the former Bill touching the better Execution of certain Statutes c. was not only committed upon the first reading which is not usual till after the second but committed also to the Judges being but Assistants of the Upper House and to the Queens Serjeant being but a meer Attendant upon the same jointly with the Lords the only proper and undoubted Members of that Great Council which is a matter to be observed because of later days neither the said Assistants nor Attendant are ever appointed joint Committees with the Lords as here but only Commanded by the House to attend upon the Committee and there to give such advice as shall be required from them which is no greater respect yielded them at a Committee than in the House it self sitting the Parliament and were they still admitted to be Committees as they usually were in all these first Parliaments of the Queen yet could no inconvenience ensue thereby because at a Committee things are only prepared and made ready for the House in which and no where else they ought to be concluded and expedited And Nota lastly That the Parliament was this day continued to Saturday the 5 th day of October ensuing but whether by the Lord Keeper who as it seems at this time fell sick of the Gout or by the Lord Treasurer who for a while afterwards was appointed by the Queens Commission to continue it according to the usual form and course in such case used doth not appear in the Original Journal-Book of the Upper House but is omitted through the negligence of Francis Spilman Esq now Clerk of the same House On Saturday the 5 th day of October to which day the Parliament had been last continued two Bills of no great moment had each of them one reading of which the second being the Bill for the taking away Clergy in certain Cases was read secundâ vice commissa Archiepiscopo Eboracen Duci Norf. Comiti Huntington Comiti Leicester Vice-Comiti Mountague Episcopo London Episcopo Dunelmen Episcopo Lincoln Domino Clinton Domino Morley Domino Wentworth Domino Willoughby Domino North Domino Hunsdon the two Chief Justices and the Chief Baron Nota That the Judges being meer Assistants and no Members of the Upper House were here also made joint Committees with the Lords which hath never been admitted of in later times These two Bills were read the Lord Keeper by reason of his being sick of the Gout abstaining this day and a good while aster from the Upper House and therefore William Lord Marquess of Winchester Lord Treasurer of England was Authorized by verbal Commission from the Queen to supply his place and accordingly continued the Parliament unto Monday next being the 7 th day of October the form and manner whereof although the President be very rare and of great use is only entred very briefly in the Original Journal-Book of the Upper House in these words following Hodie dictus Thesaurarius ex Mandato Dominae Reginae eò quod Dominus Custos Magni Sigilli Podagrae Morbo laboraret continuavit praesens Parliamentum usque in diem Lunae proxim horâ consuetâ Nota That here the Marquess of Winchester Lord Treasurer of England did supply the Lord Keepers place in the Upper House without any Authority given him by Commission under the great Seal which in like Cases is usual and therefore it is most probable that her Majesty did by word of Mouth give him this Commandment or Commission either in private or in the presence of some other Lords of the Upper House which although it
Grey Marquess Dorset and Frances his Wife the Eldest Daughter and Coheir of Charles Brandon Duke of Suffolk by Mary the French Queen being the youngest Daughter of Henry the Seventh and especially seeing that the Queen of Scots having Married the Lord Darley whom she had Created Duke of Albany and had by him Issue a Son born before the beginning of this Session of Parliament who afterwards was Monarch of Great Britain and duly considering also that the Scottish Queen had during the Life of the French King her Husband by his means pretended a right to the Kingdom of England before the Queen her self in respect of the Popes Authority and that some also did not stick to set a broach the Title of the Lady Elianor being the younger Sister and Coheir with the Countess of Hartford Married to the Earl of Cumberland therefore I say all these said premisses being duly weighed by both the said Houses of Parliament it made them to be more earnest in Petitioning her Majesty at this time to the same effect although it seemeth that the Petition delivered at this time was chiefly preferred in the name of the Lords of the Upper House as that other Petition had formerly been preferred in the Name of the Commons in the first Session of this Parliament in An. 5 Regin Eliz. whence it hath come to pass that neither of these Petitions being set down in the Original Journal-Book of the Upper House of Commons in either of these two Sessions of Parliament the times of their delivery have been exceedingly confounded together in all such several Copies as I have perused of them in which as also in Sir Robert Cotton's first Volume of the Journals of Parliament of the Queens time which are very imperfect and fragmentary they are erroneously Entred to have been both delivered in An. 1563. in which Year as also in part of the Year 1562. the Session in An. 5 Regin Eliz. was continued Post Meridiem The Archbishop of York the Lord Treasurer and the other Lords whose names are mentioned in the former part of this day with Sir Edward Rogers Knight Comptroller of her Highness Houshold and Sir William Cecill Knight her Majesties Principal Secretary and divers other Members of the House of Commons repaired to her Majesty this Afternoon being at her Palace of Whitehall to receive Answer from her Highness touching those two great businesses of her Marriage and the Declaration of her Successor as appeareth plainly by the Original Journal-Book of the House of Commons fol. 266. a. where the report of her Majesties Answer is set down which she gave this Afternoon although there be no mention at all thereof in the Original Journal-Book of the Upper House And that this was the cause and ground of their attending upon her Majesty at this time appeareth also plainly by a certain Manuscript Memorial or Diary kept and set down by Sir William Cecill her Highness Principal Secretary and afterwards Lord Treasurer of England of the passages of the greatest part of her Majesties Reign in which the words are as followeth Nov. 5. The Queen had before her thirty Lords and thirty of the Commons of the Parliament to receive her Answer concerning the Petition for the Succession and for Marriage But whether the Lords preferred their said Petition this Afternoon or whether they had supplicated her Majesty any time before doth not any where certainly appear neither can I possibly gather further than by conjecture and so it is most probable that though her Majesty had notice before what their Petition was yet it was not preferred till this Afternoon For but on Saturday Morning foregoing which was the second day of this instant November it is plain that the Committees of the House of Commons as appeareth by the Original Journal-Book of the same House on Thursday the 31 th day of October fol. 264. b. on which day the said meeting of the Committees was appointed did then meet to consider and agree upon such reasons as they should shew to the Committees of the Lords whereby they might induce her Majesty both to encline to Marriage and to declare a Successor And however Sir Nicholas Bacon Knight Lord Keeper of the Great Seal be not nominated in either of the Original Journal-Books of the Upper House and House of Commons to have been present with the before-mentioned Lords and others yet it is plain that if the said Petition was preferred this Afternoon or whensoever else it was delivered from his mouth as may be gathered from the very Petition it self ensuing and is so also expresly set down by M r Camden in Annal Regin Eliz. edit Lugdun Batav A. D. 1625. pag. 99. and though he had abstained a while about this time from the Upper House by reason of his infirmity of the Gout yet he was now in the way of amendment and recovery repairing again to the said House on Saturday the 9. day of this instant November ensuing and therefore might very well meet the before-mentioned Lords and other the selected Members of the House of Commons at the Court this Afternoon So then it being most probable that the Lords did both prefer their Petition this Afternoon to her Majesty touching those two great matters of the Marriage and Succession and also received her Majesties Answer Therefore the said Petition doth here first ensue which the Lord Keeper pronounced in these or the like words following MOST humbly beseecheth your Excellent Majesty your Faithful Loving and Obedient Subjects all your Lords both Spiritual and Temporal Assembled in Parliament in your Upper House to be so much their good Lady and Soveraign as according to your accustomed benignity to grant a Gracious and Favourable Hearing to their Petitions and Suits which with all Humbleness and Obedience they are come hither to present to your Majesty by my Mouth in matters very nearly and dearly touching your most Royal Person the Imperial Crown of this your Realm and Universal Weal of the same which Suits for that they tend to the surety and preservation of these three things your Person Crown and Realm the Dearest Jewel that my Lords have in the Earth therefore they think themselves for divers respects greatly bound to make these Petitions as first by their Duty to God then by their Allegiance to your Highness and lastly by the Faith they ought to bear to their natural Country And like as most Gracious Soveraign by these Bonds they should have been bound to make the like Petition upon like occasion to any Prince that it should have pleased God to have appointed to Reign over them so they think themselves doubly bound to make the same to your Majesty considering that besides the Bond before-mentioned they stand also bound so to do by the great and manifold benefits they have and do receive daily at your Highness hands which shortly to speak be as great as the Fruits of Peace common quiet and Justice can give and this
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
Speeches of this present Afternoon Now solloweth the manner of her Majesties giving her Royal Assent to such Acts as passed out of one of the Original Journal-Books of the Upper House durante Regno Regin Eliz. viz. in an 30. although it be not so expresly set down in that of this present Session of Parliament Then were the Titles of all the Acts read in their due Order and the Bill of Subsidy to which the Clerk of the Parliament standing up did read the Queens Answer in manner and form following La Roigne remercie ses loyaulx subjects accepte leur henevolence auxi le veult The Clerk of the Parliament having read the Queens acceptance and thanks for the Subsidy given as aforesaid did then upon the reading of the Pardon pronounce in these French words following the thanks of the Lords and Commons for the same Les Prelats Seigneurs Communes en ce present Parliament assembles au nom de touts vous autres subjects remercient tres-humblement vostre Majesty prient à Dieu que il vous done en santè bonne vie longue Nota That here to the Subsidy Bill because it is the meer gift of the Subject the Queens Consent is not required for the passing of it but as it is joined with her thankful acceptance Nor to the Bill of Pardon because it is originally her free gift is any other circumstance required than that the thankful acceptance thereof by the Lords and Commons be likewise expressed it being but once read in either House before it come thus at last to be expedited Now to all other Bills either private or publick the Queens express consent though in different words is always requisite as followeth viz. The Bills of Subsidy and Pardon being passed in manner and form as aforesaid then were the publick Acts read to every one of which allowed by the Queén the Clerk of the Parliament read in French these words following viz. La Roigne le veult To every private Act that passed the said Clerk of the Parliament read the Queens Answer in these French words following viz. Soit fait come il est desire These two last Answers to the publick and private Acts that pass are to be written by the Clerk of the Parliament at the end of every Act. To such Acts as her Majesty doth forbear to allow the Clerk of the Parliament reads in these French words following viz. La Roigne s' advisera THen the Queen standing up said after she had given her Royal Assent unto nineteen publick Acts and thirteen private My Lords and others the Commons of this Assembly although the Lord Keeper hath according to Order very well Answered in my Name yet as a Periphrasis I have a few words further to speak unto you Notwithstanding I have not been used nor love to do it in such open Assemblies yet now not to the end to amend his talk but remembring that commonly Princes own words be better printed in the hearers memory than those spoken by her Command I mean to say thus much unto you I have in this Assembly found so much dissimulation where I always professed plainness that I marvail thereat yea two Faces under one Hood and the Body rotten being covered with two Vizors Succession and Liberty which they determined must be either presently granted denied or deferred In granting whereof they had their desires and denying or deferring thereof those things being so plaudable as indeed to all men they are they thought to work me that mischief which never Foreign Enemy could bring to pass which is the hatred of my Commons But alas they began to pierce the Vessel before the Wine was fined and began a thing not foreseeing the end how by this means I have seen my well-willers from mine Enemies and can as me seemeth very well divide the House into four First the Broachers and workers thereof who are in the greatest fault Secondly The Speakers who by Eloquent Tales perswaded others are in the next degree Thirdly The agreers who being so light of Credit that the Eloquence of the Tales so overcame them that they gave more Credit thereunto than unto their own Wits And lastly those that sate still Mute and medled not therewith but rather wondred disallowing the matter who in my Opinion are most to be Excused But do you think that either I am unmindful of your Surety by Succession wherein is all my Care considering I know my self to be mortal No I warrant you Or that I went about to break your Liberberties No it was never in my meaning but to stay you before you sell into the Ditch For all things have their time And although perhaps you may have after me one better Learned or Wiser yet I assure you none more careful over you And therefore henceforth whether I live to see the like Assembly or no or whoever it be yet beware however you prove your Princes Patience as you have now done mine And now to conclude all this nonwithstanding not meaning to make a Lent of Christmas the most part of you may assure your selves that you depart in your Princes Grace Then she spake openly to the Lord Keeper saying My Lord You will do as I bad Who then said aloud The Queens Majesty hath agreed to Dissolve this Parliament Therefore every man may take his ease and depart at his pleasure And the Queen rose and went and shifted her and took her Barge and returned to the Court being past six of the Clock and then after her rising she made Anthony Browne one of the Justices of the Common-Pleas a Knight That the advice and consent of the Common-Council or Parliament was often required for the Marrying of the Kings of England 1. WIlliam Duke of Normandy sending Ambassadors to King Harold to deliver up the Crown of England to him and to Marry the Dukes Daughter Herald returned him this Answer Si de filia sua quam debui in uxorem ut asserit ducere agit super Regnum Angliae mulierem extraneam inconsultis Principibus words of a large extension used in those times by Historians me nec debere nec sine grandi injuria posse adducere noverit Malmesbury that antient and famous Historian recites it thus Quae dixi de puellae nuptiis referens de Regno addebat praesumptuosum fuisse quod absque Generali Senatus Populi Conventu Edicto alienam illi haereditatem juraverit 2. William the Son of H. I. being dead Rex legalis Conjugii nexu olim solutus ne quid ulterius inhonestum committeret Consilio Radulphi Cantuar Pontificis Principum Regni quos omnes in Epiphania Domini sub uno Londoniae congregavit decrevit sibi in uxorem Atheleidem filiam Godfredi Ducis Lotharingiae 3. King John being Divorced the new Queen was Crowned de communi assensu concordi voluntate Archiepiscoporum Episcoporum Comitum Baronum Cleri Populi totius Regni 4. H.
had notice that divers of the Lords Spiritual and Temporal with Sir Nicholas Bacon Knight Lord Keeper of the Great Seal of England were Assembled in the Upper House and expected their repair thither they presently went up unto the Lords where the Lord Keeper shewed forth a Commission from her Majesty under the Great Seal of England directed unto him which he Commanded the Clerk openly to read Which said Commission as also the greatest part of the foregoing days passages are transcribed out of the Original Journal-Book of the Upper House and inserted here as into the due and proper place Which very things were in part also mentioned in the Original Book of the House of Commons with the passages of this present Tuesday although in both I have not omitted to supply some things my self which might easily be gathered by the comparing of several things together The Tenor of the said Commission ensueth verbatim ELizabeth by the Grace of God Queen of England France and Ireland Defender of the Faith c. To our right Trusty and right well Beloved Chancellor Sir Nicholas Bacon Knight Lord Keeper of our Great Seal of England Greeting Where in the beginning of this present Parliament holden at Westminster the 12 th day of January in the fifth Year of our Reign the Knights Citizens and Burgesses being Assembled in the same Year in the same Parliament were Commanded by us to go to their accustomed place and there to chuse among themselves one to be their Speaker according to their accustomed manner whereupon the same Knights Citizens and Burgesses did Elect and chuse one Thomas Williams Esq to be their Speaker and the same their Election did afterwards certifie unto us which we did allow and ratifie since which time this our present Parliament hath been continued by divers Prorogations until the 30. of September in this present eighth Year of our Reign at which day the Lords Spiritual and Temporal and also the said Knights Citizens and Burgesses being Assembled for this present Parliament at Westminster in their accustomed places the said Knights Citizens and Burgesses have declared unto us that the said Thomas Williams since the last Session of this present Parliament is dead And thereupon have made their humble Suit and Petition unto us that they might have Licence and Commandment from us to proceed to elect among themselves one other to be their Speaker for the rest of this present Parliament yet to come Wherefore We having certain and perfect knowledge that the said Thomas Williams is dead as they have alledged and considering their humble Petition and Request very meet and necessary to be granted have appointed and Constituted you and by these Presents We do Will Command Constitute and Appoint you for us and in our Name to call the said Knights Citizens and Burgesses before you and other the Lords Spiritual and Temporal Assembled in this our present Parliament in the Higher House of our Parliament at Westminster and there for us and in our Name to Will and Command the said Knights Citizens and Burgesses to resort to their accustomed place and there to Elect and chuse amongst themselves one sufficient and able person to be their Speaker for the rest of this present Parliament to come And after they have so made their Election that then three or four of them for and in all their names shall signifie the same unto us And thereupon we will further signifie our pleasure unto them what day and time they shall present the person Elected before us as heretofore hath been in like cases accustomed to be done wherefore our Will and Pleasure is that you do diligently attend about the doing of the premises and execute the same with effect In Witness whereof we have caused these our Letters of Commission to be Sealed with our Great Seal of England Witness our Self at Westminster the first day of October in the Eighth Year of our Reign The residue of this Days Passages follows out of the Journal of the House of Commons As soon as the said Commission had been read the Knights Citizens and Burgesses and Barons of the House of Commons departed into their own House where Sir Edward Rogers Knight Comptroller of her Majesties Houshold declared unto them that for as much as Richard Onslow Esq her Majesties Sollicitor General was a Member of their said House being Elected a Burgess for the Borough of ..... in the County of Sussex they would use some means to have him restored unto them who as yet attended in the Upper House to join with them in their Election of a Speaker And thereupon notice thereof being given to the Lords of the Upper House upon Consultation had amongst them the said M r Onslow was sent down with the Queens Serjeant at Law M r Carus and M r Attorney General to shew for himself why he should not be a Member of this House who alledging many weighty reasons as well for his Office of Sollicitor as for his Writ of Attendance in the Upper House was nevertheless adjudged to be a Member of this House And thereupon proceeding to the Election M r Comptroller nominated M r Onslow to be Speaker who humbly disabled himself as well for non-ability of substance meet for that place as also for his Oath made to the Queens Majesty and required them to proceed to a new Election upon whose Arguments the House was divided and the number to have him Speaker was eighty two and the contrary was sixty And immediately M r Comptroller and M r Vice-Chamberlain brought him from his place to the Chair and there set him down On Wednesday the second day of October between three and four of the Clock in the Afternoon the Knights Citizens and Burgesses of the House of Commons repaired to the Upper House having notice that her Majesty with the Lords and divers others were already set in the said House expecting their coming where Richard Onslow Esq their Speaker Elect was led up to the Rail or Bar at the lower end of the said House between Sir Edward Rogers Knight Comptroller of her Majesties Houshold and Sir Francis Knolles Knight her Highness Vice-Chamberlain and so presented unto her Majesty where having disabled himself in many respects he was notwithstanding allowed by her Majesty by the Mouth of the Lord Keeper After which having desired free access to her Highness and pardon for himself if he should in any thing unwittingly fail or mistake the Lord Keeper by her Majesties Commandment declared her full Assent to the said particulars And thereupon the said Speaker being now compleatly and perfectly invested in his place departed back with the residue of the House of Commons unto their own House where according to the usual Form one Bill had its first reading viz. The Bill how Sanctuary-persons shall be compellable for payment of their Debts Nota That the Passages of this Afternoon containing in them the manner of the Presentment and Allowance of
comfortable words and commanded the Parliament to be dissolved Nota That this business had many and long Agitations in the House of Commons who were especially violent in that latter branch of it touching the Declaration of a Successor as see more at large on Monday the 25 th day of November foregoing and lastly I have thought good to give a short touch that all the foregoing passages of this Afternoon touching her Majesties Presence Royal Assent Speech and Dissolving the Parliament were thus Orderly set down in the Original Journal-Book of the House of Commons and have here received little Alterations THE JOURNAL OF THE House of LORDS The Journal of the Proceedings of the House of Lords in the Parliament holden at Westminster An. 13 Reg. Eliz. A. D. 1571 which began there on Monday the 2 d day of April and then and there continued until the Dissolution thereof on Tuesday the 29 th day of May ensuing THIS Journal of the Upper House continuing about the space of two Months was very carelesly entred in the Original Journal-Book of the Upper House by the Clerk thereof who as it seems was Anthony Mason Esq succeeding about this time in the said Office of Clerk of the Upper House unto Francis Spilman Esq who had formerly supplied that place But yet by means of a Copious Journal I had by me of the Passages of the House of Commons in this Parliament taken by some Anonymous Member thereof and also of some Copies I had of the Speeches of Sir Nicholas Bacon Lord Keeper at the beginning and conclusion of this said Parliament this ensuing Journal is much enlarged And therefore to avoid confusion whatsoever is here inserted out of the said private Journal is particularly distinguished from that which is taken out of the above-mentioned Journal-Book of the Upper House by some Animadversions or Expression thereof both before and after the inserting of it Neither doth the Original Journal-Book it self of the Upper House want some matter of variety besides the ordinary Reading Committing and passing of Bills in respect that Sir Robert Catlyn Knight Lord Chief Justice of the Kings Bench was appointed by her Majesties Commission under the Great Seal to supply the Lord Keepers place upon occasion of his sickness during some part of this said Parliament in the first entry whereof is set down out of the foresaid Anonymous Journal of the House of Commons her Majesties coming to the Upper House with the Order and manner of it the substance also of which is found though somewhat more briefly set down in the Original Journal-Book of the same House On Monday the second day of April the Parliament beginning according to the Writs of Summons sent forth her Majesty about eleven of the Clock came towards Westminster in the antient accustomed most honourable Passage having first riding before her the Gentlemen Sworn to attend her Person the Batchellors Knights after them the Knights of the Bath then the Barons of the Exchequer and Judges of either Bench with the Master of the Rolls her Majesties Attorney General and Sollicitor General whom followed in Order the Bishops and after them the Earls then the Archbishop of Canterbury The Hat of Maintenance was Carried by the Marquess of Northampton and the Sword by the Earl of Sussex The place of the Lord Steward for that day was supplied by the Lord Clinton Lord Admiral of England the Lord Great Chamberlain was the Earl of Oxenford And the Earl Marshal by Deputation from the Duke of Norfolk was the Earl of Worcester Her Majesty sate in her Coach in her Imperial Robes and a Wreath or Coronet of Gold set with rich Pearl and Stones over her Head her Coach drawn by two Palfries covered with Crimson Velvet drawn out imbossed and imbroidered very richly Next after her Chariot followed the Earl of Leicester in respect of his Office of the Master of the Horse leading her Majesties spare Horse And then forty seven Ladies and Women of Honour The Guard in their rich Coats going on every side of them The Trumpeters before the first sounding and the Heralds riding and keeping their rooms and places Orderly In Westminster Church the Bishop of Lincoln Preached before her Majesty whose Sermon-being done her Majesty came from the Church the Lords all on foot in order as afore and over her Head a rich Canopy was carried all the way She being entred into the Upper House of Parliament and there sate in Princely and seemly sort under a high and rich Cloth of Estate her Robe was supported by the Earl of Oxenford the Earl of Sussex kneeling holding the Sword on the left hand and the Earl of Huntingdon holding the Hat of Estate and the Lords all in their Rooms on each side of the Chamber that is to say the Lords Spiritual on the right hand and the Lords Temporal on the left Nota That whereas the presence of these Lords ought here according to the usual course to have been inserted out of the Original Journal-Book of the Upper House it must of necessity be omitted in respect that through the great negligence of Anthony Mason Esq at this time as it should seem Clerk of the said House there are none of the said Lords noted to have been present yet it may be probably guessed who they were by those who attended on Wednesday of this instant April ensuing Quod vide The Judges and her Learned Councel being at the Woollsacks in the midst of the Chamber and at her Highness Feet at each side of her kneeling one of the Grooms or Gentlemen of the Chamber their Faces towards her the Knights Citizens and Burgesses all standing below the Bar her Majesty then stood up in her Regal Seat and with a Princely Grace and singular good Countenance after a long stay spake a few words to this effect or thus Mr right Loving Lords and you our right faithful and Obedient Subjects we in the name of God for his Service and for the safety of this State are now here Assembled to his Glory I hope and pray that it may be to your Comfort and the common quiet of our yours and all ours for ever And then looking on the right side of her towards Sir Nicholas Bacon Knight Lord Keeper of the Great Seal of England standing a little beside the Cloth of Estate and somewhat back and lower from the same she willed him to shew the cause of the Parliament who thereupon spake as followeth THE Queens most Excellent Majesty our most Dread and Gracious Soveraign hath Commanded me to declare unto you the Causes of your Calling and Assembly at this time which I mean to do as briefly as I can led thereunto as one very loth to be tedious to her Majesty and also because to wise men and well-disposed as I judge you be a few words do suffice The Causes be chiefly two The one to establish or dissolve Laws as best shall serve for the Governance of the Realm
allowed and approved by the wisdom of a whole House There may also lastly a third reason be assigned in some extraordinary Cases as this where Bills of Grace viz. for the Restitution in Blood of any and such like were sent to the House from her Majesty fairly ingrossed in Parchment and Signed with her Hand which for the most part do pass the House without any stop or question On Thursday the 17 th day of May to which day the Parliament had been last continued by the Lord Keeper on the day foregoing Six Bills of no great moment had each of them one reading of which the first touching Morrice Rodney Esq the second for the Town of Lestwithiell in the County of Cornwall and the last to discharge Sheriffs of the Dyets of the Justices of Assize were each of them read the second time but no mention was made that they were either Ordered to be ingrossed or referred to Committees of which see the reason at large discussed on the day foregoing fitly suiting to this present occasion Three Bills also of the aforesaid six had each of them their third reading and passed the House of which the first was the Bill for Restitution in Blood of Henry Brercton Esquire and the second to License the Earl of Leicester to found an Hospital Seven Bills of no great moment were brought from the House of Commons of which the first being the Bill whereby certain offences are made Treason was returned conclusa with requests that it might be fair written again which the Lords performed accordingly on Tuesday the 21 th day of this instant May ensuing Three Bills also had each of them one reading of which the last being the Bill for coming to Church and receiving the Communion was read tertiâ vice conclusa dissentientibus Comitibus Wigorn. Southampton Dominis Windsor Vaux Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in horam secundam post meridiem About which hour the Lord Keeper and divers other Lords both Spiritual and Temporal meeting six Bills of no great moment had each of them one reading of which the first being the Bill for the increase of Tillage and maintenance of the Navy was read the second time and referred to the Committees of which two were Viscount Hereford and Viscount Mountague The Bill also for the Town of Bristol was read the second time but there is no mention made that it was referred to Committees or ordered to be ingrossed because it had been sent up to the Lords from the House of Commons on Tuesday the first day of this instant May foregoing of which see a like President on Wednesday the 16 th day of the same Month immediately preceeding Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in diem Sabbati hora nona On Saturday the 19 th day of May Eight Bills of no great moment had each of them one reading of which the fourth being the Bill for avoiding of delays upon Vouchers in real actions was read primâ vice and was thereupon committed to the Lord Dier Chief Justice of the Common-Pleas and other the Justices to consider thereof and the fifth being the Bill touching the Town of Southampton was read tertiâ vice conclusa with certain Corrections and Amendments thereunto added by the Lords Two Bills were brought up to the Lords from the House of Commons of which the first being the Bill for the preservation of Timber and Wood was read primâ vice The Bill for Southampton the Bill for the Subsidy of the Clergy and Fugitives over the Seas were delivered to Doctor Lewis and Doctor Yale to be carried to the House of Commons Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in horam secundam post Meridiem About which hour the Lord Keeper and divers other Lords meeting Six Bills of no great moment had each of them one reading of which the third being the Bill to restrain the oppression of common Promoters and the last for the avoiding of Perjury in Clerks Convict were each of them read secundâ vice but no mention is made that they were ordered to be ingrossed or referred to the Committees because they had been formerly sent unto the Lords from the House of Commons on Saturday the 12 th day and on Tuesday the 15 th day of this instant May foregoing of which see a like President on Wednesday the 16 th day of the said Month of May preceeding Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in diem Lunae prox horâ nonâ May the 20 th Sunday On Monday the 21 th day of May Eight Bills had each of them one reading of which the last being the Bill against Vagabonds and for relief of the Poor was read secundâ vice but no mention is made that it was either ordered to be ingrossed or referred to Committees because it had been sent up unto the Lords from the House of Commons on Saturday the 19 th day of this instant Month of May preceeding although it be there omitted The second of the said eight Bills being for the preservation of Wood was read the second time and committed unto divers Lords and unto the Queens Sollicitor The Bill for Confirmation of a Subsidy granted by the Clergy was returned by the Lords from the House of Commons conclusa Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in horam secundam post Meridiem About which hour the Lord Keeper and divers other Lords both Spiritual and Temporal meeting Three Bills of no great moment had each of them one reading of which the second being the Bill for the Commutation of Penance in Clerks Convict was read secundâ vice commissa unto the Earl of Hereford Viscount Hereford the Bishop of Winchester and the Bishop of Worcester Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in diem proximum horâ Octavâ On Tuesday the 22 th day of May the Bill to make the Lands and Tenements of Tellors c. liable to the payment of their Debts was read tertiâ vice conclusa missa in Domum Communem by Doctor Lewis and Doctor Yale together with the Bill of Treasons newly written out and examined by six of the Lords according to the request of the House of Commons on Thursday the 17 th day of this instant May foregoing viz. the Earl of Huntington the Earl of Bedford Viscount Mountague the Bishop of Worcester the Bishop of Salisbury and the Bishop of S t Davids Two Bills also of no great moment had each of them one reading of which the second being the Bill to restrain the oppression of common Promoters was read tertiâ vice conclusa with certain Amendments added thereunto Five Bills were brought up to the Lords from the House of Commons of which the first was the Bill to make the River of Welland Navigable the second
was the Bill for the Incorporation and uniting of Weymouth and Melcomb-Regis in Com. Dorset and the second for the Town of Southampton The Bill touching Licences and Dispensations was committed to the Archbishop of Canterbury and others and to Doctor Lewis and Doctor Huick The Bill lastly for limitation of the Fees of Councellors and others towards the Law was read secundâ vice commissa ad ingrossandum Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in horam secundam post Meridiem About which hour the Lord Keeper and divers other Lords Assembling Three Bills had each of them one reading of which the second touching the Limitation of Fees of Councellors and others towards the Law was read tertiâ vice conclusa and sent to the House of Commons by Doctor Lewis and Doctor Vaughan Four Bills were brought from the House of Commons of which the first was the Bill against Fugitives over the Seas the second for Incorporation of both Universities with a new Proviso added by the House of Commons and certain Amendments which were thrice read and assented unto the third for reviving and continuance of Statutes and the last touching corrupt Presentations The Bill touching severance of Sheriffs of sundry Counties was read the second time but no mention is made that it was either referred to Committees or ordered to be ingrossed in regard it had been sent up to the Lords from the House of Commons on Wednesday the 23 th day of this instant Month of May preceeding of which see a like President on Wednesday the 16 th day of the same Month foregoing The Bill against Fugitives was sent to the House of Commons by Doctor Lewis and Doctor Yale with the latter Proviso put out and all other Amendments Three Bills were brought from the House of Commons the first against Fugitives over the Seas and the second for the increase of Tillage and maintenance of the Navy Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in diem Lunae prox horâ nonâ May the 27 th Sunday On Monday the 28 th day of May Four Bills of no great moment had each of them their third reading and passed the House of which the first was the Bill for John Tirrell Esq and the second for the increase of Tillage and maintenance of the Navy Two Bills were sent at several times unto the Lords from the House of Commons of which the first being for the bringing in of the River of Lee to the North-side of the City of London was returned with a new Proviso and certain Amendments added by them of the House of Commons And the second also for the assurance of certain Lands to the Lord Berkeley and the Lady Katherine his Wife was returned with certain Amendments and a Proviso added thereunto Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in horam secundam post Meridiem About which hour the Lord Keeper and divers Lords meeting the Bill for the bringing in of the River of Lee to the North-side of the City of London was read tertiâ vice with certain Provisoes and Amendments added thereunto by the House of Commons and Assented unto by the Lords Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in diem Crastinum horâ Octavâ On Tuesday the 29 th day of May the Bill touching the Queens Majesties most Gracious General and free Pardon was read primâ vice conclusa Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in horam secundam post Meridiem About which hour the Lord Keeper and divers other Lords Assembling Six Bills were brought from the House of Commons of which the first being for the continuance of the severance of Sheriffs in sundry Counties and the second to make the Lands Goods and Chattels of Tellors c. liable to the payment of their Debts were each of them returned conclusae The Bill of the Queens Majesties general and free Pardon was returned conclusa Note that Robert Bowyer Esq who succeeded Sir Thomas Smith in the place of Clerk of the Upper House in An. 6 Jacobi Regis in his Abridgment of the Journals of the said House during the Queens Reign hath in this place upon the sending up of the aforesaid Bill of Pardon left this Animadversion following viz. It seemeth the Clerks negligence that the sending of this Bill to the Lower House is not set down in the Journal-Book also by entrance of the returning thereof it seemeth that the same was sent single alone by special Messengers and not with the other six Bills Nota also That all the following passages of this Afternoon excepting the entrance only of the Dissolution of the Parliament are all transcribed out of the Original Journal-Book of the House of Commons and the Speech of Sir Nicholas Bacon the Lord Keeper was transcribed out of a Copy thereof which I had by me as was also the manner of her Majesties passing the several Acts supplied by my self according to the ordinary use of a former President thereof None of all which passages excepting that only touching the entrance of the Dissolution of the said Parliament are at all found in the Original Journal-Book of the Upper House But do now come to be supplied out of those other above-mentioned Manuscript Monuments and in the first place out of the Original Journal-Book of the House of Commons in manner and form following About four of the Clock in the Afternoon the Queens Majestie being sat in her Royal Seat in the Upper House M r Speaker made his Oration presented unto her Majesty the Book of the Subsidy and in the name of the whole House gave her Majesty most humble thanks for her Highness general and free Pardon and prayed her Majesties Royal Assent unto such Acts and Laws as had passed both the Houses in this Session This being thus transcribed out of the Original Journal-Book of the House of Commons fol. 39. a. now follows the Answer of Sir Nicholas Bacon Lord Keeper of the Great Seal at large which he made unto the Speakers Speech being transcribed out of a Copy I had by me M r Speaker The Queens Majesty hath heard and doth very well understand how discreetly and wisely you have declared the Proceedings of this Session in the Nether House for Answer whereof and for the better signification of what her Majesties opinion is both of Parliament men and Parliament matters this is to let you understand her Majesty hath Commanded me to say unto you that like as the greatest number of them of the Lower House have in the proceedings of this Sessions shewed themselves modest discreet and dutiful as becomes good and loving Subjects and meet for the places that they be called unto So there be certain of them although not many in number who in the proceeding of this Session have shewed themselves audacious arrogant and presumptuous calling her Majesties Grants
against untrue Demeanors of Tellors Receivors Treasurers and Collectors with a new Proviso and the Bill for severance of Sheriffs in sundry Counties Surrey and Sussex being left out The Bill for Councellors Fees was read the third time M r Doctor Huick and M r Doctor Vaughan brought from the Lords the Bill for the River of Lee with some Additions and Amendments Sir Walter Mildmay Sir Thomas Smith Sir John Thynne M r Wilson Master of the Requests M r Heneage M r Recorder M r Mounson M r Yelverton and M r Bembrick were appointed to meet here in the Chamber to Morrow in the Morning at seven of the Clock to consider of the Bill for Councellors Fees On Tuesday the 29 th day of May M r Serjeant Barham and M r Doctor Huick brought from the Lords the Bill of the Queens Majesties General and free Pardon The Committees for Examination of Fees or Rewards taken for Voices in the House reported That they cannot learn of any that hath sold his Voice in this House or any way dealt unlawfully or indirectly in that behalf and thereupon M r Norton declaring that he heard that some had him in suspition justified himself and was upon the question purged by the Voice of the whole House and their good opinion of him and of his honest and dutiful dealing and great pains taking in the service of this House were in very good and acceptable part declared and affirmed by the like Voice of the whole House The Bill for shooting in Hand-Guns and Harquebuses was read the third time and passed the House And the Bill also for the Queens Majesties most gracious and free Pardon was read Post Meridiem In the Afternoon the Bill for Councellors Fees the third reading being yesterday accomplished was now passed upon the Question All the Bills passed were sent up to the Lords by M r Treasurer and others After which the manner of the Conclusion of the Parliament is Entred in the Original Journal-Book of the House of Commons Verbatim as followeth About four of the Clock this Afternoon the Queens Majesty being set in her Royal Seat in the Upper House M r Speaker made his Oration presented unto her Highness the Book of the Subsidy and in the name of the whole House gave her Majesty most humble thanks for her Highness General and free Pardon And prayed her Majesties Royal Assent unto such Acts and Laws as had passed both the Houses in this Sessions Whereupon her Highness gave her Royal Assent unto forty one Acts and so Dissolved this present Parliament THE JOURNAL OF THE House of LORDS The Journal of the Passages of the House of Lords in the Parliament bolden at Westminster An. 14 Reginae Eliz. A. D. 1572 which began there on Thursday the 8 th Day of May and then and there continued until the Adjournment thereof on Monday the 30 th and last Day of June next ensuing THIS Session of Parliament held in An. 14 Reginae Eliz. although it lasted no long time yet it containeth in it a great deal of extraordinary matter touching the Proceeding of the House in the business of the Scottish Queen and towards the Conclusion thereof touching the Priviledge of the Members of the same and that which doth yet somewhat the more enlarge and beautifie it is the Addition of Sir Nicholas Bacon's Speech being the Lord Keeper of the Great Seal on the first day of this Session But howsoever this said Session were in it self short in Continuance yet considering the two other following Sessions which with it made but one and the same Parliament and that the longest of any in this Queens time it will not prove unworthy although the aforesaid extraordinary passages wanted of a careful and methodical setting down For the second Session being held in An. 18 Regin Eliz. and the third and last Session in An. 23 Regin ejusdem it was continued by many Adjournments and Prorogations although the House sate but a part of the time until the final Dissolution thereof upon the 19 th day of April in An. 25 Reginae praedictae after it had lasted about the space of eleven years On Thursday the 8 th day of May according to the Writ of Summons that had been sent forth dated at Greenwich the 5 th day of May in the fourteenth year of the Queen the Parliament held Nota That the Writ of Summons is set down in the Original Journal-Book of the Upper House to have born date the 5 th day of May in this fourteenth year and the Parliament to have begun on the 8 th day of May in the same year of the Queen but three days after the Writ of Summons it self which is impossible and it is plain that the day of the beginning of the Parliament cannot be mistaken because according to that all the other days through the whole Journal-Book do follow in due form and order and therefore it is very probable that the date of the Writ is set down contrary to the Originals themselves which were dated the 5 th day of March and that the Clerk might mistake This is likewise very conjecturable in respect that the name of the Month being set down and perhaps abbreviated it was easily written May for March and so this incongruity is only the slip and error of the Clerk The Queens Majesty was doubtless present her self this day in the Upper House and was attended by Sir Nicholas Bacon Lord Keeper of the Great Seal and divers Lords Spiritual and Temporal but in the Journal-Book of the Upper House there is no mention made who were present this day only it may be guessed by the names of such as the said Original Journal-Book setteth down to have been present on Monday the 12 th day of this instant May following which is the first day on which the presence of any Lords is marked according to the usual form by the Clerk of the Parliament Neither can it possibly be collected or gathered by the Original Journal-Book of the Upper House or House of Commons whether her Majesty was present or no. For as concerning the Journal of the House of Commons it appeareth only that divers of the Knights Citizens and Burgesses of the said House of Commons did this day take the Oath in that Case accustomed And therefore the chief ground I had to conclude that her Majesty was this day personally in the Upper House was a Copy I had by me of the Lord Keepers Speech made there this day in the publick Assembly of both Houses in the end of which he gives direction to the House of Commons to Elect their Speaker which shews also that the said Speech in divers Copies thereof is falsly attributed to the eighteenth Year of her Majesty which was but the second Session of this Parliament and no Speaker Elected in it and therefore this Error seemeth only to have grown through the fault of Transcribers and the ignorance of such as suffered so groundless
without a Head thus do therefore it resteth that you according to your antient Order of your selves chuse some wise and discreet man who after he hath been by you chosen and presented and that presentation by the Queens Majesty allowed shall then be your Speaker and Day is given c. This Speech being thus transcribed out of the Copy I had of it as is aforesaid now follow the names of the Receivors and Tryors of Petitions out of the Original Journal-Book of the Upper House which the Clerk of the same readeth in French as soon as the Lord Keepers Speech is ended and which were as followeth Receivors of Petitions for England Ireland Wales and Scotland Sir Robert Catlin Knight Chief Justice of the Kings-Bench Sir William Cordell Knight Master of the Rolls Sir John Widdon Knight one of the Justices of the ----- Sir Richard Read K t one of the Justices of the ----- and D r Huick and they that will deliver Petitions are to deliver the same within six dayes next ensuing Receivors of Petitions for Gascoigne and other Lands beyond the Seas and the Isles Sir James Dyer Knight Chief Justice of the Common-Pleas Sir Edward Sanders Knight Lord Chief Baron Richard Weston one of the Justices of the ----- John Southcott one of the Justices of the ----- Doctor Lewis Doctor Yale and Doctor Vaughan and they that will deliver Petitions are to deliver the same within six days next ensuing Triors of Petitions for England Ireland Wales and Scotland The Archbishop of Canterbury the Earl of Oxford the Earl of Sussex the Earl of Huntington the Earl of Bedford the Bishop of London the Bishop of Winchester the Bishop of Ely the Lord Howard of Effingham Lord Chamberlain of the Queens House the Lord Windsor and the Lord North. All these or four of them calling unto them the Lord Keeper of the Great Seal and the Treasurer and the Queens Serjeants when need shall require shall hold their place in the Chamberlains Chamber Triors of Petitions for Gascoigne and other Islands beyond the Seas The Archbishop of York the Earl of Lincoln Lord Admiral of England the Earl of Leicester the Earl of Essex the Bishop of Worcester the Bishop of Lincoln the Bishop of Rochester the Lord Burleigh Principal Secretary the Lord Wentworth the Lord Buckhurst All they or four of them calling to them the Queens Serjeants Attorney and Sollicitor when need shall require shall hold their place in the Treasurer's Chamber Hodiè retornatum est breve Dom. Reginae quo Henricus Compton de Compton Chevalier praesenti Parliamento interesse summonitus est qui praesens admissus est ad suum praeheminentiae sedendi in Parliamento locum salvo cuique jure suo And two other Writs were returned in like manner by which Henry Cheyney of Toddington and Henry Lord Norris of Ricott were Summoned to be present this Parliament who were accordingly admitted to their due places saving to all others their right Nota That there is no entrance in the Original Journal-Book of the Upper House of any Continuance or Adjournment of the Parliament by the Lord Keeper which doubtless happened through the great negligence of Anthony Mason Esq at this time Clerk of the said House There were also divers Proxies returned on this present Thursday being the 8 th day of May but whether before or after the Continuance of the Parliament appeareth not in which two Spiritual Lords Constituted each of them two Proctors apiece according to the usual and frequent manner and are therefore omitted but four other Bishops nominating either three Proctors apiece or but one which is somewhat extraordinary therefore they are here inserted Die 8 o Maij introductae sunt literae Procuratoriae Hugonis Episcopi Landaven in quibus Procuratores suos constituit Nicolaum Wigorn. Richardum Meneven Nicolaum Bangoren Episcopos Eodem die introductae sunt literae Procuratoriae Jacobi Dunelmensis Episcopi in quibus Procuratorem suum constituit Edmundum Archiepiscopum Ebor. Eodem die introductae sunt literae Procuratoriae Johannis Herefordensis Episcopi in quibus Procuratores suos constituit Matthaeum Cantuariensem Archiepiscopum Edwin London Nicolaum Wigorn. Episcopos Eodem die introductae sunt literae Procuratoriae Thomae Assavensis Episcopi in quibus Procuratores suos constituit Robertum Wintonien Nicolaum Wigorn. ac Nicolaum Bangoren Episcopos Now although it be most usual for the Spiritual Lords to name two Proctors yet here four of six varied from it three of them exceeding that number and the other nominating but one It is likewise as usual for the Temporal Lords to Constitute but one Proctor and it is an Action worthy observation where they nominate more for in this very Parliament of fifteen Temporal Lords that sent Proxies but one nominated two Proctors which see afterwards on Monday the 12 th day of this instant May following and all the rest Constituted but one Proctor apiece which being trivial and ordinary are omitted Nota Also that the Earl of Leicester had this Parliament eight Proxies sent unto him viz. from George Earl of Shrewsbury Edward Earl of Darby Henry Lord Scroop Edward Lord Dudley Anthony Viscount Mountacute Gregory Lord Dacres William Lord Sands and Edward Earl of Lincoln all which seem to have been returned on Monday the 12 th day of this instant May in such order as they are here set down Nota That the Lord Burleigh also Principal Secretary to her Majesty had six Proxies sent unto him this Parliament viz. from John Marquess of Winchester Henry Lord Hunsdon Thomas Lord Buckhurst John Lord Latimer Edward Earl of Lincoln who made also the Earl of Leicester his joint Proctor with him and Robert Lord Rich. These also are set down in the Journal-Book to have been returned the 12 th day of May in such order as they are here set down but now by a late Order made in the Upper House an 2 do Caroli Regis no Lord is capable of above two Proxies Nota That in the Original Journal-Book of the Upper House it doth not appear at all whether her Majesty or any of the Lords were present on Saturday following being the tenth day of this instant May it appearing plainly that neither House sate on Friday the 9 th day of the same nor what was done thereon and therefore the Passages of the same are supplied out of the Original Journal-Book of the House of Commons On Saturday the 10 th day of May in the Afternoon her Majesty being come to the Upper House with divers of the Lords Spiritual and Temporal being there also set and the Knights Citizens Burgesses and Barons of the House of Commons having notice repaired thither with Robert Bell of the Middle-Temple London Esq their Speaker Elect who was led up unto the Rail or Bar at the lower end of the said Upper House by two of the most Eminent Personages of the Commons and presented to her Majesty whom she allowed and Confirmed
in the said place of Prolocutor or Speaker notwithstanding his Excuse made and disabling himself according to the usual form After which the said Speaker being now fully and absolutely invested in his said place did after his humble thanks rendred to her Majesty in the Conclusion of his Speech make certain Petitions of course in the behalf of himself and the House of Commons viz. for the free access to her Majesty freedom of Speech and freedom from Arrests and Suits during the Continuance of the Parliament and for Pardon for himself if he should in any thing unwittingly mistake or offend All which being graciously allowed by her Majesty she arose and departed Nota That there is no entrance in the Original Journal-Book of the Upper House of the Continuance or Adjournment of the Parliament which doubtless happened through the great negligence of Anthony Mason Esq now Clerk of the same For it is plain the Lords did sit again on Monday following in the Forenoon to some hour of which it is most likely it was continued and the passages whereof as also of all the other days on which the said House sate do now in order follow out of the aforesaid Original Journal-Book of the same May the 11 th Sunday On Monday the 12 th of May to which day the Parliament had been last continued as is most likely the presence of the Lords is first noted in the Original Journal-Book of the Upper House which were as followeth their Names only being altered into English The Archbishop of Canterbury The Archbishop of York Sir Nicholas Bacon Knight Lord Keeper of the Great Seal of England The Marquess of Winchester Comites The Earl of Oxford Great Chamberlain of England The Earl of Kent The Earl of Worcester The Earl of Rutland The Earl of Sussex The Earl of Warwick The Earl of Pembroke The Earl of Hartford The Earl of Leicester The Earl of Essex Viscount Bindon Episcopi The Bishop of London The Bishop of Winchester The Bishop of Ely The Bishop of Worcester The Bishop of S t Davids The Bishop of Salisbury The Bishop of Bath and Wells The Bishop of Coventry and Litchfield The Bishop of Peterborough The Bishop of Norwich The Bishop of Chester The Bishop of Bangor The Bishop of Lincoln The Bishop of Exeter The Bishop of Rochester Barones The Lord Howard of Effingham Chamberlain to the Queen The Lord Burleigh Secretary to the Queen The Lord Abergaveny The Lord Strange The Lord Dacres The Lord Stafford The Lord Grey of Wilton The Lord Mountjoy The Lord Darcy The Lord Mounteagle The Lord Sands The Lord Windsor The Lord Wentworth The Lord Burrough The Lord S t John of Basing The Lord Cromwell The Lord Evers The Lord Wharton The Lord Willoughby of Parham The Lord Pagett The Lord Darcy of Chich. The Lord North. The Lord Chandois The Lord S t John of Bletsoe The Lord Buckhurst The Lord De la Ware The Lord Compton The Lord Cheyney The Lord Norris This day also by Order and Consent of the whole House were appointed to confer with such number of the House of Commons as should please the said House to appoint for the more speedy and better direction of them in the great matter touching the Queen of Scots these Lords undernamed viz. The Archbishop of Canterbury The Archbishop of York The Earl of Oxford The Earl of Kent The Earl of Worcester The Earl of Sussex The Earl of Warwick The Earl of Bedford The Earl of Leicester The Earl of Essex The Bishop of London The Bishop of Winchester The Bishop of Ely The Bishop of Lincoln The Bishop of Rochester The Lord Chamberlain The Lord Burleigh The Lord Grey The Lord Windsor The Lord Wentworth The Lord North and the Lord Chandois Who were appointed to meet in the Star-Chamber at eight of the Clock in the Morning the next day Vide on Wednesday May the 28 th ensuing The Bill for preservation of Wood and Timber was read prima vice Commissa Archiepiscopo Cantuar. Comiti Lincoln Comiti Sussex Comiti Leicester Episcopo Elien Episcopo Wigorn. Episcopo Meneven Domino Howard Domino Camerario Domino Burleigh Domino Windsor Domino Wentworth Domino Pagett Domino Chandois Domino Buckhurst Justiciario Southcott Justic. Weston The Bill for punishment of Vagabonds and for relief of the poor was read prima vice Commissa Archiepiscopo Cantuar. Comiti Huntington Comiti Rutland Comiti Pembroke Comiti Hertford Episcopo London Episcopo Wigorn. Episcopo Meneven Episcopo Bangor Domino Grey Domino S t John Domino Evers Domino S t John de Bletsoe Justiciario Harper Christophero Wray Servienti ad Legem Nota That here a Bill is not only committed upon the first reading but a Judge who is but a meer Assistant unto the Upper House and a Serjeant who is but a meen Attendant thereon are made joint Committees with the Lords as in the Bill foregoing Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in diem Crastinum hurâ Octavâ This day also was brought in the Proxy of Edward Earl of Lincoln into the Upper House and as it seemeth the Proxies of fourteen other Temporal Lords viz. One Marquess two Earls one Viscount and ten Barons But there is no mention made in the Original Journal-Book whether they were returned before or after the Continuance of the Parliament according to the usual form as aforesaid which was in the Afternoon of this present Monday where each Temporal Lord nominateth one Proctor and therefore were admitted but the Earl of Lincoln nominating two Proctors which is somewhat extraordinary is transcribed out of the Original Journal-Book as followeth 12 th Maij introductae sunt literae Procuratoriae Edwardi Comitis Lincoln in quibus Procuratores suos constituit Robertum Comitem Leicester Willielmum Dominum Burleigh On Tuesday the 13 th day of May to which day the Parliament had been last continued the Bill against corrupt Presentations was read Primâ vice Nota Because the daily continuing of the Parliament in these words Dominus Custos magni Sigilli c. is but matter of course it is afterwards through the whole Journal-Book omitted unless something extraordinary fall out either in respect of the person time or manner of continuing of it On Wednesday the 14 th day of May to which day the Parliament had been last continued on the day next foregoing divers Lords Spiritual and Temporal Assembled but nothing was done save only the Continuance of the Parliament by the Lord Keeper to the day next following at eight of the Clock On Thursday the 15 th day of May to which day the Parliament had been yesterday continued the Bill for the punishment of Vagabonds and relief of the Poor was read secunda vice but there is no mention made that it was either Ordered to be ingrossed or referred to Committees of which doubtless there can be no other reason seeing it was not sent up
blank or void place was read the second time but no mention is made that it was either Ordered to be ingrossed or referred to Committees because it had been sent from the Lords on Saturday the 14 th day of this instant May foregoing The Bill for the preservation of Timber and Fuel within twelve Miles of London and Subburbs of the same was read secunda vice and committed to the Earl of Worcester the Earl of Rutland the Earl of Essex the Lord Abergavenny the Lord S t John of Bletsoe and the Lord Compton The Bill for the assurance of certain Lands according to the meaning of Sir Thomas Woodhouse for the benefit of certain Infants was read secunda vice The Bill for repeal of a Statute made for the Town of Shrewsbury an 8 Reginae Eliz. was read secunda vice and committed to the Earl of Bedford the Earl of Essex and others The Bill also touching Presentations to Benefices by lapse was read the second time and committed unto the Archbishop of York the Earl of Rutland the Earl of Hartford the Bishop of Worcester the Lord Cromwell the Lord Ewers Justice Southcott and Justice Wray The Bill for keeping of the Assizes and Sessions in the Town of Stafford and the Bill for annexing the Sheriffwicks of Huntingtonshire and Cambridgshire were each of them read secunda vice Commisse ad ingrossand The Bill lastly touching Sea-Marks and that no Hoy or Plate shall cross the Seas was read prima vice and committed to the Earl of Suffolk the Earl of Leicester the Lord Burlcigh the Lord Darey de Chich. the Lord Cheyney the Lord Norris Serjeant Barham and Doctor Lewes Nota That this is not committed only upon the first reading but also a Serjeant and a Doctor who are but Attendants upon the Upper House are here made joint Committees with the Lords On Friday the 30 th day of May Two Bills of no great moment had each of them one reading of which the first being the Bill for inserting of the name of the Mannor of Havering at Bowre in a blank and void place of certain Letters Patents of the late King Edward the Sixth made unto certain persons of certain Lands and Tenements in West-ham in the County of Essex was read the third time and passed the House On Saturday the 31 th of May Four Bills of no great moment had each of them one reading of which the third being the Bill for renewing of a Statute made for the keeping of the Assises and Sessions within the Town of Stafford was read tertia vice conclusa And the fourth and last being the Bill against corrupt Presentations was read secunda vice commissa to the Earl of Rutland the Earl of Sussex the Lord Chandois and the former Lords nominated on Saturday the 17 th day of this instant May foregoing where this Bill was then read the second time and then committed On Monday the second day of June Two Bills had each of them one reading of which the second being the Bill for the assurance of certain Lands and Tenements according to the meaning of Sir Thomas Woodhouse for the benefit of certain Infants was read tertia vice conclusa On Tuesday the third day of June Two Bills of no great moment had each of them one reading of which the first being the Bill to renew a Statute made an 1 o of the Queens Reign inhibiting the transporting of Leather or Raw-Hides out of the Realm was read secunda vice commissa ad ingrossand On Wednesday the 4 th day of June the Bill touching a Statute made an 1 mo of the Queens Reign inhibiting the transporting of Leather or Raw-Hides was read tertia vice conclusa and sent down to the House of Commons by Serjeant Barham and Doctor Huick Four Provisoes annexed by the Commons to the Bill for Vagabonds with certain other Amendments in the said Bill were read secunda tertia vice conclusa communi Procerum assensu Three Bills were brought up to the Lords from the House of Commons of which the first being the Bill for avoiding of Recoveries suffered by Collusion of Tenants for term of life and such others was read prima vice The Bill touching Mary the late Scottish Queen was Ordered to be ingrossed The Bill for avoiding of Recoveries suffered by Collusion of Tenants was committed to the Earl of Rutland the Earl of Sussex and others but there is no mention made whether this Bill was at all read of which see a like President on Wednesday the 28 th day of May foregoing On Thursday the 5 th day of June the Bill touching Mary the Daughter and Heir of James the Fifth late King of Scots was read tertia vice conclusa and sent to the House of Commons by Serjeant Barham and the Queens Attorney Five Bills were brought up to the Lords from the House of Commons of which the second being the Bill against such as shall conspire or practise the enlargement of any Prisoner committed for High-Treason and the third for annexing of Hexham and Hexhamshire to the County of Northumberland were each of them returned conclusae The Bill for the better and further assurance of certain Lands and Tenements to the maintenance of the Free Grammar-School at Tunbridge in the County of Kent was read prima vice and committed to the Archbishop of York the Earl of Bedford the Earl of Hartford the Bishop of Chichester the Bishop of Rochester the Lord de la Ware the Lord Norris the Master of the Rolls and Justice Southcott Vide concerning this Bill on Monday the 9 th day Tuesday the 10 th day and on Wednesday the 11 th day of this instant June following The Bill that no Hoy or Plate shall cross the Seas and touching Sea-Marks was read secunda vice commissa ad ingrossandum Dominus primarius Justiciarius Banci Regis continuavit praesens Parliamentum usque in horam secundam post meridiem Nota That this continuance of the Parliament with some others that follow by the Lord Chief Justice of the Kings Bench was not without some express Authority given him by her Majesty but through the great negligence of Anthony Mason Esq at this time Clerk of the Upper House it doth not appear in the Original Journal-Book of the same whether the said Authority were given by Commission or otherwise About which hour in the Afternoon four Bills of no great moment had each of them one reading of which the third being the Bill for the true making of Hand-Guns Callivers c. and the last for Partition of certain Lands between the Lord Latimer and Sir Robert Wingfeild K t and their Heirs were each of them read prima vice Dominus Primarius Justiciarius Banci Regis continuavit praesens Parliamentum usque in diem Crastinum hora nona On Friday the 6 th day of June Four Bills of no great moment had each of them one reading of which the last being the
to be engrossed because it had been formerly sent from the House of Commons Five Bills were brought up to the Lords from the House of Commons of which one was the Bill touching Mary Daughter and Heir of James the Fifth late King of Scots commonly called the Queen of Scots and another for the Reformation of the inordinate length of Kersies Nine Bills also of no great moment had each of them one reading of which the first being the Bill for the better assurance of Gifts Grants c. made and to be made to and for the relief of the Poor in the Hospitals within and near unto the City of London of Christ Bridewell and S t Thomas the Apostle with a Proviso and certain amendments added by the Lords was Ordered to be ingrossed And the second being for avoiding of Recoveries suffered by Collusion of Tenants for term of life and such others was read tertia vice conclusa commissa Sollicitatori Reginae Doctori Lewes in Domum Communem deferend On Friday the 27 th day of June Three Bills were brought up to the Lords from the House of Commons of which the last being the Bill for the continuance of certain Statutes with certain amendments and a Schedule thereunto annexed being thrice read was concluded The Bill for the Explanation of the Statute for Fugitives over the Seas with a new Proviso added by the Lords and the Bill touching the Free-School of Tunbridge with a new Proviso were each of them read tertia vice conclus Commis Sollicitatori Reginae in Domum Communem deferend Memorand Quod hoc praesenti 27 die Junij Anno Regni Elizabethae Reginae 14. Andreas Fisher de Graies-Inne in Com. Midd. Gen. Henricus Fisher de Greves-Norton in Com. Northampton Gen. coram Domina Regina in Cancellaria sua personaliter constituti recognoverunt se debere Johanni Ryvers Civi Aldermanno de London tres mille libras legalis Monetae Angl. solvend eidem Johanni c. nisi fecerint c. The Condition of this Recognizance is such That if they above-bound Andrew Fisher and Henry Fisher and either of them and the Heirs and Assigns of them or either of them do well and truly stand to perform and accomplish and cause to be performed and accomplished all such award order and direction as shall be made and Ordained by the Right Honourable Thomas Earl of Sussex Francis Earl of Bedford Robert Earl of Leicester and William Lord Burleigh or any three of them for and concerning all and singular those Messuages Lands Tenements and Hereditaments which heretofore were bargained and sold by Henry Fisher Father of the said Andrew and Henry to one Richard Smith Citizen of London and now or late in the Tenure or Occupation of John Rivers Citizen and Alderman of London or of any his Tenants or Farmors and for the right Title Inheritance and Possession of the same so that the said award order or direction be had and made in writing under the hands and Seals of them or three of them on this side and before the Nativity of our Lord next coming That this Recognizance to be void otherwise to remain and abide in his full force strength and effect Memorand That the two Brethren Recognitors in consideration that Alderman Ryvers his Cause touching the purchasing of certain Lands bona side mentioned in the said Bill Exhibited in this Parliament for the said School may remain unholpen and be excepted out of the said Bill were contented and by way of Petition have submitted themselves to abide the Order and Determination of the Earl of Sussex the Earl of Bedford the Earl of Leicester and the Lord Burleigh or three of them so as the same be made on this side the Feast of the Birth of our Lord God next For the more sure performance whereof not only they acknowledged this Recognizance of three thousand pound but also of their own offer they yielded their Bodies to be Prisoners in the Queens-Bench where the Elder Brother then remained by force of an Execution at a Strangers Suit there to remain until they did bring before the Lord Keeper of the Great Seal sufficient Sureties with them to be bound by Recognizance in the said sum of three thousand pound for the same Nota That it should seem this business concerned the Free Grammar-School of Tunbridge mentioned on Monday the 9 th day Tuesday the 10 th day and on Wednesday the 11 th day of this instant June foregoing in respect that certain Lands were to be purchased for it by the before-mentioned John Rivers Alderman of London and thereupon this Recognizance with the Condition thereof came to be entred in the Original Journal-Book of the Upper House de an isto 14 Reginae Eliz. Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in horam secundam post meridiem About which hour the Lord Archbishop of Canterbury and divers other Lords meeting in the absence of the Lord Keeper it doth not appear in the Original Journal-Book of the Upper House that any thing was done but only the Parliament continued in manner and form following viz. Dominus Primarius Justiciarius Banci Regis continuavit praesens Parliamentum usque in diem Crastinum hora octava On Saturday the 28 th day of June Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in horam secundam post Meridiem About which hour the Lord Keeper and divers other Lords both Spiritual and Temporal meeting The Bill for the assurance of certain Lands and Tenements to the maintenance of a Sermon to be had in the Church of S t Paul in London for ever was read tertia vice conclusa Two Bills were brought up to the Lords from the House of Commons of which the first being the Bill for the assurance of certain Lands and Tenements to the maintenance of a Sermon to be had in the Church of S t Paul in London for ever was read tertia vice conclusa The Bill for the assurance of certain Lands for the maintenance of the Poor in the Hospitals was read tertia vice conclusa with a new Proviso added thereunto by the Lords and commissa Doctori Lewis Doctori Huick in Domum Communem deferend The Bill against the excessive length of Kersies was read secunda tertia vice conclusa Two Bills were brought up to the Lords from the House of Commons of which the first being the Bill for the assurance of Gifts Grants c. made for the relief of the Poor in Hospitals c. was returned conclusa The Bill for the repeal of a Statute made an 8 Reginae Eliz. for the Town of Shrewsbury was read tertia vice with a Proviso added thereunto by the Lords quae conclusa est and sent to the House of Commons by D r Lewis and D r Huick On Monday the 30 th day of June to which day the Parliament had been on
Saturday last continued The Bill for the reviving of a Statute made an 8 Eliz. for the Town of Shrewsbury was returned from the House of Commons conclusa The Bill against delays in Judgment in the Common Law was read secunda vice but there is no mention made that it was either Ordered to be ingrossed or referred to Committees because it had been sent from the House of Commons on Saturday the 28 th day of this instant June immediately foregoing In the Parliament Chamber where the Lords Spiritual and Temporal Assembled the day abovesaid in an 14 Regin Eliz. c. Whereas upon Complaint and Declaration made to the said Lords Spiritual and Temporal by Henry Lord Cromwell a Lord of the Parliament that in a Case between one James Tavernor against the said Lord Cromwell depending in the Court of Chancery for not obeying to an Injunction given in the said Court of Chancery in the absence of the Lord Keeper of the Great Seal at the Suit of the said Tavernor the person of the said Lord Cromwell was by the Sheriff of the County of Norfolk attached by virtue of a Writ of Attachment proceeding out of the said Court of Chancery contrary to the antient priviledge and immunity time out of memory unto the Lords of Parliament and Peers of this Realm in such case used and allowed as on the behalf of the said Lord Cromwell was declared and affirmed wherein the said Lord Cromwell as a Lord of Parliament prayed remedy Forasmuch as upon deliberate Examination of this Case in the said Parliament Chamber in the presence of the Judges and other of the Queens Majesties Learned Council there attendant in Parliament and upon Declaration of the opinions of the said Judges and Learned Council there hath been no matter directly produced or declared whereby it did appear or seem to the said Lords of Parliament there Assembled that by the Common Law or Custom of the Realm or by any Statute Law or by any President of the said Court of Chancery it is warranted that the person of any Lord having place and voice in Parliament in the like case in the said Court of Chancery before this time hath been Attached so as the awarding of the said Attachment at the Suit of the said Tavernor against the said Lord Cromwell for any thing as yet declared to the said Lords appeareth to be derogatory and prejudicial to the antient priviledge claimed to belong to the Lords of this Realm Therefore it is the day and year aforesaid Ordered by consent of all the said Lords in Parliament there Assembled that the person of the said Lord Cromwell be from henceforth discharged of and from the said Attachment Provided nevertheless and so is the mind of the said Lords in Parliament plainly by them with one assent declared That if at any time during this Parliament or hereafter in any other Parliament there shall be shewed sufficient matter that by the Queens Prerogative or by the Common Law or Custom of this Realm or by any Statute Law or sufficient Presidents the person of any of the Lords of Parliament in such Case as this Case of the Lord Cromwell is ought to be attached or attachable then and from thenceforth it is by this order intended that to take place which so shall be shewed and warranted as above is said This Order or any thing therein to the contrary notwithstanding In the Original Journal-Book of the Upper House is no entrance of any continuance of the Parliament which seemeth to have been omitted through the negligence of Anthony Mason Esq at this time Clerk of the same House although it may very easily be gathered that the Parliament was continued unto some hour in the Afternoon of this present day and most probable it is that it was continued by the Lord Keeper because it appeareth without all question that he was present in the Afternoon Post Meridiem In the Afternoon the Queens Majesty as may easily be gathered was present with the Lord Keeper and divers Lords Spiritual and Temporal but their names through the great negligence of the above-named Anthony Mason Esq are not at all noted with the mark of being present neither are any of the passages of this Afternoon there entred saving only the Adjournment of the Parliament although it be most certain that her Majesty being present this Afternoon did put an end to this Session of Parliament by giving her Royal Assent to thirteen publick Acts and four private But yet there passed no Bill of her Majesties free and general pardon to the Subject nor of any Subsidies from them to her Majesty and the reason of it is plain because this Session of Parliament although some Statutes did of course pass in it was doubtless convocated chiefly for that great business touching the Scottish Queen of which there are divers passages in this proceeding Journal which see on Monday the 12 th day and on Wednesday the 28 th day of May on Tuesday the 10 th day and on Thursday the 26 th day of this instant June foregoing And therefore now lastly as touching the manner of her Majesties giving her Royal Assent to such Acts as passed in respect that it is matter of form and seldom differeth it is therefore supplied omitting that only which concerns the Bills of Subsidy and Pardon out of a draught thereof set down in the end of the Original Journal-Book of the Upper House in the Parliament de an 39 Regin Eliz. although it be omitted in that of this present Session of Parliament To every publick Act that passed after that it had been read the Clerk of the Upper House standing up did openly pronounce her Majesties Allowance in these French words following La Roigne le veult To every private Act that passed the said Clerk read the Queens Answer in these French words following Soit fait come il est desiré These two last Answers to the publick and private Acts that pass are to be written by the said Clerk at the end of every Act. To such Acts as her Majesty doth forbear to allow the Clerk of the Parliament read in these French words following La Roigne s'advisera The several Acts being thus passed the next matter that followed was the Adjournment of the Parliament which is Entred in the Original Journal-Book of the Upper House in the manner and form following Dominus Custos magni Sigilli ex Mandato Dominae Reginae adjournavit praesens Parliamentum usque in festum omnium Sanctorum proximum futurum By the Entrance of which Adjournment it doth plainly appear that her Majesty was present in respect that it is said that the Lord Keeper Adjourned the Parliament ex mandato Dominae Reginae And it is also worthy the observation that as the greatest part of the passages of this foregoing Monday on which this Session of Parliament ended are through the great negligence of Anthony Mason Esq at this time Clerk of the Upper House
M r Mounson M r Yelverton M r Cooper M r Beamond M r Sampole and M r Knyvet were appointed to meet at the Savoy at three of the Clock this Afternoon at M r Chancellors of the Dutchy for Conference in the Bill of fraudulent Conveyances of Lands On Wednesday June the 4 th Five Bills of no great moment had each of them one reading of which the last being the new Bill for assurances by Corporations was read the first time The Bill also for the City and Soke of Winchester was read the second time and Ordered to be ingrossed Upon the Question it was Ordered by this House that the Lord Compton do before the Committees make his Answer to Morrow in the Afternoon in the Star-Chamber at three of the Clock Unto the Bill Exhibited by the Earl of Kent which was in open Court signified unto the Lord Compton and upon another Question day was given unto both the said Parties with their Councel to be here present at the report of the Committees upon Friday next in the Morning unless the same Committees shall upon further motion of this House for that purpose in the mean time pray Saturday M r Serjeant Barham and M r Doctor Huick did bring from the Lords the Bill to revive an Act against the transporting of Leather Tallow and Raw-Hides M r Treasurer M r Comptroller and M r Chancellor of the Dutchy were added to the former Committees for the Earl of Kent his Bill The Bill for the true making proving and marking of Calivers and the Bill for the School of Tunbridge were each of them read the third time and passed the House and were with two others sent up to the Lords by M r Chancellor of the Dutchy and others The Bill against such as shall keep or detain from the Queens Majesty any Castles Fortresses c. The Bill against such as go about to enlarge any Person Imprisoned for Treason and the Bill for annexing of Hexam and Hexamshire to the County of Northumberland were each of them read the second time but no mention is made that they were either referred to Committees or Ordered to be ingrossed because they had been formerly sent from the Lords On Thursday the 5 th day of June Three Bills of no great moment had each of them one reading of which the first being the Bill for the Severance of the Sheriffs in the Counties of Surrey and Sussex was read the first time The Bill for the City of Worcester was read the third time and was rejected upon the Division of the House with the difference of six persons Five Bills of no great moment had each of them their third reading and passed the House and were sent up unto the Lords by M r Treasurer and others of which one was for Partition of Lands between the Lord Latimer and Sir Robert Wingfeild Knight and another for Plumstead Marsh. M r Serjeant Barham and M r Attorney General did bring from the Lords the Bill against Mary the Daughter and Heir of James the Fifth late King of Scots commonly called the Queen of Scots with Recommendation of the said Bill from their Lordships and pray a present reading thereof this day And did further signifie the time of the Year considered the Queens Majesties pleasure is that this House do proceed in that and other weighty Causes laying apart all private matters Vide Thursday 26 th of June postea The Bill against Mary commonly called the Queen of Scots was read the first time On Friday the 6 th day of June the Bill for Coggshall Cloaths was read the second time and Ordered to be ingrossed The Serjeant was commanded by the House to warn Andrew Fisher that he make his personal appearance here presently this Forenoon immediately after that the Lords now dealing in the Committee of his Cause shall have left off their present Conference And Sir Thomas Scott M r S t Leger M r Norton and others of the Committees of this House in the matter before the Bill passed were presently sent from this House to the said Lords Committees to inform them of the former proceedings of the said Committees of this House in the matter Four Bills had each of them one reading of which the last being the new Bill against fraudulent Gifts and Conveyances of Lands was read the first time The Bill against the bringing in of Foreign Wares forbidden was stayed the third reading till another time The Bill against Mary commonly called the Queen of Scots was read the second time M r Chancellor of the Dutchy M r Chancellor of the Exchequer M r Serjeant Manwood Mr. Attorney of the Dutchy Mr. Attorney of the Court of Wards Mr. Popham Mr. Mounson Mr. Yelverton and Mr. Norton to have Conference for the understanding of the Bill against Mary commonly called the Queen of Scots to meet this Afternoon and all Arguments to be received as upon the second reading of the Bill until it shall be read the third time It is Ordered by the House to sit at Afternoons from three of the Clock till six and to proceed but only in private Bills and not to go to the Question of any such Bill if it concern any Town or Shire unless the Knights of such Shire or Shires or the Burgesses of such Town or Towns shall then be present Andrew Fisher being called this day to the Bar and charged with certain Objections was further Adjourned to make his appearance here in this Court to Morrow next coming Post Meridiem In the Afternoon two Bills of no great moment had each of them their first reading of which the second was the new Bill for Weights and Measures Mr. Weekes and Mr. Dennis with their Councel were appointed to be heard to Morrow at three of the Clock in the Afternoon and Dennis at his peril for the other to be heard in his absence Day was given to the Earl of Kent and the Lord Compton with their Councel on both sides to be heard to Morrow at four of the Clock in the Afternoon On Saturday the 7 th day of June Eight Bills of no great moment had each of them one reading of which the last being the Bill against covenous Vouchers and another for Woodstock were each of them read the second time and Ordered to be ingrossed The Bill for Sir William Harper Knight was read the first time being a new Bill Mr. Attorney and Mr. Doctor Huick brought from the Lords the Bill against such as do withhold from the Queens Majesty any Forts c. with certain Amendments by their Lordships added unto the former Amendments of this House Mr. Coleby and Mr. Flowerdew were added to the former Committees in the Bill against Mary commonly called the Queen of Scots Post Meridiem In the Afternoon the Bill that none serving any Subject shall be a Justice of Peace or High Constable was read the first time The Bill for repairing the Wayes and Bridges near Oxford was read
would with the same mind speak it again Commit Yea but you might have uttered it in better terms why did you not so Went. Would you have me to have done as you of her Majesties Privy-Council do to utter a weighty matter in such terms as she should not have understood to have made a fault then it would have done her Majesty no good and my intent was to do her good Commit You have Answered us Went. Then I praise God for it and as I made a Courtesie another spake these words Commit M r Wentworth will never acknowledge himself to make a fault nor say that he is sorry for any thing that he doth speak you shall hear none of these things come out of his mouth Went. M r Seckford I will never confess that to be a fault to love the Queens Majesty whilst I live neither will I be sorry for giving her Majesty warning to avoid danger while the breath is in my Body if you do think it a fault to love her Majesty or to be sorry that her Majesty should have warning to avoid her danger say so for I cannot speak for your self M r Secksord This Examination of M r Wentworth being thus transcribed out of that Copy I had of it now follows the next days passages out of the Original Journal-Book of the House of Commons and it is not here to be over-passed that the said M r Wentworth was by the Queens special favour restored again to his Liberty and place in the House on Monday the 12 th day of March ensuing On Thursday the 9 th day of February it was Ordered by this House upon a Motion that John Lord Russell Son and Heir Apparent of the Right Honourable the Earl of Bedford being a Burgess for the Borough of Birtport in the County of Dorset shall continue a Member of this House according to the like former President in the like Case had heretofore of the said new Earl his Father This day M r Treasurer in the name of all the Committees yesterday appointed for the Examination of Peter Wentworth Burgess for Tregony declared that all the said Committees did meet Yesterday in the Afternoon in the Star-Chamber according to their Commission and there Examining the said Peter Wentworth touching the violent and wicked words Yesterday pronounced by him in this House touching the Queens Majesty made a Collection of the same words which words so Collected the said Peter Wentworth did acknowledge and confess And then did the said M r Treasurer read unto the House the said Note of Collection which being read he declared further that the said Peter Wentworth being Examined what he could say for the extenuating of his said fault and offence could neither say any thing at all to that purpose neither yet did charge any other person as Author of his said Speech but did take all the burthen thereof unto himself and so the said M r Treasurer thereupon moved for his punishment and Imprisonment in the Tower as the House should think good and consider of whereupon after sundry Disputations and Speeches it was Ordered upon the Question that the said Peter Wentworth should be committed close Prisoner to the Tower for his said offence there to remain until such time as this House should have further Consideration of him And thereupon immediately the said Peter Wentworth being brought to the Bar by the Serjeant received his said Judgment accordingly by the Mouth of M r Speaker in form above-recited And so M r Lieutenant of the Tower was presently charged with the Custody of the said Peter Wentworth But the said Peter Wentworth was shortly by the Queens special Favour restored again to his Liberty and place in the House Ut vide on Monday the 12 th day of March following M r Moor M r Norton M r Yelverton and M r Fenner were appointed to draw a Bill against stealing away of Mens Children by colour of privy Contracts It was resolved by this House that any person being a Member of the same and being either in service of Ambassage or else in Execution or visited with sickness shall not in any wise be amoved from their place in this House nor any other to be during such time of service Execution or sickness Elected Vide consimile January the 19 th Thursday in Anno 23 Reginae Eliz. M r Seckford Master of the Requests Sir Nicholas Arnold M r Atkins and M r Marsh were appointed to confer together touching the number of Knights and Burgesses of the Parliament Three Bills lastly of no great moment had each of them their first reading of which the last was the Bill for assurances of Lands and Tenements in antient Demesn and for preservation of the Lords Seignories On Friday the 10 th day of February upon a Motion made by M r Dalton in the behalf of the Lord Russell supposing he should not be continued a Member of this House it is nevertheless generally resolved by this House that he may not be discharged of the same upon present notice whereof given unto him by the Serjeant the said Lord Russell came into this House accordingly Nota That this Lord Russell was Son and Heir Apparent of Francis the second Earl of Bedford of this Sirname who having no place in the Upper House might very well be admitted a Member of the House of Commons and the Precedents of this kind have been so frequent in all the Parliaments of latter times since Queen Elizabeths Death as there shall need no vouching of them And it lies also in the favour of the Prince to make such Heirs Apparent of Earldoms Members of the Upper House by Summoning them thither by Writ but then they take not place there as the Sons of Earls but according to the Antiquity of their Fathers Baronies Two Bills of no great moment had each of them their first reading of which the second was the Bill touching Bastardy M r Chancellor of the Exchequer declaring the great charges of the Queens Majesty many and sundry ways since her Entry to the Crown as well in Foreign as Domestical occasions for the benefit and peaceable Government of the State and Common-Wealth and the great and imminent necessity of present provision to be had and made for the continuance of the same did after many great and weighty reasons shewed move for a Subsidy which Speech in respect that it is but thus abstractedly set down in the Original Journal-Book of the House of Commons and containeth in it matter of very good moment I have thought good to supply it at large out of a Copy thereof I had by me being as followeth That in the beginning of this our meeting such matters as be of importance may be thought on in time I am bold with your favours to move you of one that in my opinion is both of moment and of necessity To the end if you likewise find the same to be so you may commit it further to the
that every Knight Citizen and Burgess of this House which doth require priviledge hath used in that Case to take a corporal Oath before the Lord Chancellor or Lord Keeper of the Great Seal for the time being that the party for whom such Writ is prayed came up with him and was his Servant at the time of the Arrest made and that M r Hall was thereupon moved by this House that he should repair to the Lord Keeper and make Oath in form aforesaid and then to proceed to the taking of a Warrant for a Writ of priviledge for his said Servant according to the said Report of the said former precedents Vide concerning this matter on Saturday the 10 th day of March ensuing On Thursday the 23 th day of February Ten Bills of no great moment had each of them one reading of which the last being the Bill touching Presentations by Lapse was read the third time and passed the House and sent up to the Lords by Mr. Treasurer and others The Bill for Cables and Cordage was read the second time and upon the question rejected Sir Richard Read and Mr. Doctor Barkley brought from the Lords four Bills of which one was the Bill for the repairing of Chepstow-Bridge and another for the perpetual maintenance of Rochester-Bridge The Bill lastly against the diminishing or impairing of Coin was read the third time and pasthe House On Friday the 24 th day of February Six Bills of no great moment had each of them one reading of which the last being the Bill for reformation of Sheriffs was read the first time and committed unto Sir Thomas Scott Mr. Attorney of the Dutchy Mr. Sampoole and others to meet this Afternoon at the Temple Church at two of the Clock The Bill that the Queens Majesty may entreat the Subjects of Foreign Princes in such sort as they shall intreat the Subjects of this Realm was read the second time and committed unto all the Privy-Council being of this House the Masters of the Requests Mr. Captain of the Guard Sir Henry Knivett and divers others to confer presently Three Bills also of no great moment had each of them one reading of which the third being the Bill for Explanation of the Statute against Dilapidations c. was read the first time and committed to Sir Thomas Cecill Mr. Recorder of London Mr. Popham and others who were appointed to meet to Morrow in the Afternoon at two of the Clock in the Exchequer Chamber Two Bills more had each of them one reading of which the first being the Bill for the Jurors of Middlesex was read the first time and committed to Mr. Lieutenant of the Tower Mr. Wroth Mr. Sandes and others to confer to Morrow in the Morning in this House at seven of the Clock The Bill for Tryal of Nisi prius in the County of Middlesex was read the second time and committed to the former Committees nominated in the Bill for Jurors Three Bills lastly of no great moment had each of them one reading of which the first being the Bill against fraudulent Gifts and Conveyances made by the late Rebels in the North was read the first time On Saturday the 25 th day of February the Bill for the County Palatine of Chester was read the first time and committed unto Mr. Serjeant Lovelace Mr. Recorder of London Mr. French Mr. Norton Mr. Snagg and Mr. Townesend to meet at Serjeants-Inn at Mr. Lovelace's Chamber to Morrow in the Afternoon at three of the Clock Five Bills of no great moment had each of them one reading of which the fourth being the Bill for Confirmation of Letters Patents was read the second time and committed after the reading and passing of the next Bill The Bill for the repairing of the Gaol of S t Edmunds-Bury was read the third time and passed the House The Bill for Confirmation of Letters Patents was committed unto all the Privy-Council being of this House Mr. Captain of the Guard Mr. Attorney of the Dutchy Mr. Serjeant Lovelace and others who were appointed to meet at Mr. Treasurers Chamber this Afternoon at two of the Clock Three Bills also of no great moment had each of them one reading of which the third being the Bill touching fraudulent Conveyances made by the late Rebels in the North Parts was read the second time and committed unto all the Privy-Council being of this House Mr. Captain of the Guard Sir Henry Knivett Sir Henry Gates Sir George Bowes and others to meet this Afternoon at two of the Clock at M r Treasurers Chamber The Bill for Rogues c. was read the second time and the Provisoes or Additions to the same Bill had their first reading The Bill for Explanation of the Statute of 31 H. 8. was this day amended according to the request of the Lords in that behalf On Monday the 27 th day of February the Bill for the Subsidy c. was read the third time and passed the House of which Vide on Friday the 10 th day Thursday the 16 th day and on Monday the 20 th day of this instant February foregoing After sundry Reasons and Arguments it was resolved that Edward Smalley Servant unto Arthur Hall Esquire shall be brought hither to Morrow by the Serjeant and set at liberty by Warrant of the Mace and not by Writ Vide on Saturday the 10 th day of March ensuing Mr. Sollicitor and Mr. Dr. Barkley did require from the Lords that such six of this House as are best acquainted with the Bill for Mr. Isley be sent to confer presently with their Lordships touching the same whereupon were appointed and presently sent Mr. Chancellor of the Exchequer Mr. Serjeant Lovelace Mr. Popham Mr. S t Leger Mr. Diggs and Mr. Baber by whom with Mr. Treasurer and divers others were sent up the Bill for the Subsidy with two others of no great moment and also the Bill for the Explanation of the Statute of 31 H. 8. with some amendments On Tuesday the 28 th day of February the Bill for the Lady Grey was read the second and third time and passed the House Four other Bills of no great moment had each of them one reading of which one being for Chepstow-Bridge and another for the perpetual maintenance of Rochester-Bridge were each of them read the second time but no mention is made that they were either Ordered to be ingrossed or referred to Committees because they had been sent from the Lords on Thursday the 23 th day of this instant February foregoing The Bill against Broggers and Drovers was read the first time and committed unto Mr. Comptroller Sir Nicholas Arnold Sir William Winter Sir Rowland Hayward and others who were appointed to meet to Morrow in the Afternoon at two of the Clock in the Star-Chamber The Bill for the Haberdashers was read the second time and a Proviso to the same Bill was read the first time and thereupon the Bill was committed unto Mr. Comptroller Mr. Treasurer Mr. Hastings Mr.
Popham M r Stanhope M r Colbie and M r Broughton The Bill against abusing of Licences to transport forbidden Wares was delivered to M r Comptroller Post Meridiem In the Afternoon five Bills of no great moment had each of them one reading of which the second being the Bill touching Inquisitions and Offices to be taken within the Counties Pallatine and the third being the Bill touching Wharfs and Keyes were each of them read the second time but no mention is made that they were either Ordered to be ingrossed or referred to Committees because they had been formerly sent from the Lords The former Committees for the Bill of Apparel who were appointed on Saturday the 10 th day of this instant March foregoing were sent up to the Lords for Conference as well in that Bill as in the Bill for preservation of Pheasants and Partridges Thus far out of the Original Journal-Book of the House of Commons that which follows touching the proceeding of the Committees in the Bill for restitution in Blood of the Heirs of the Lord Stourton is inserted out of that large Memorial or written Discourse of the whole Carriage of that business I had by me being prout sequitur The Committees reading deliberately the Bill and the whole Contents thereof partly upon causes alledged in the House and partly upon causes remembred among themselves took the saving in the Bill not to be sufficient but added a Proviso unto it the special point whereof was to bar the Lord Stourton that he should not take advantage of any error that might happen to be in any Fine Recovery or other Conveyance passed by his Father or his Ancestors but he should be in that respect as though his Blood were not restored in which State he can bring no Writ of Error The occasion of which Proviso grew chiefly for that the Lords had within few days before dashed a Bill that passed in the House of Commons for the helping of such Errors whereupon they thought it dangerous to give that scope to any man that should be restored in Blood and therefore they added such a Proviso both to this Bill and to another Bill of the like tenor that did concern one Anthony Mayny of Kent Esquire During the time of this Conference of the Committees the Lord Stourton being informed how his Case was Ordered in the House of Commons came to the place where the Committees sate and desired that himself and his Councel might be heard which they allowed him of their own discretion without the privity of the House his Councel laboured to shew to the Committees that the saving already in the Bill was sufficient so as they then needed no addition of any other Proviso but being answered to all that he said he could not much reply but seemed to be satisfied After which the Committees having agreed upon a Proviso repaired unto the House and made a report thereof but the Lord Stourton nothing contented therewithal procured immediately a Message from the Lords to the House of Commons in his favour which Message being more fully set down in the Original Journal-Book of the House of Commons than in that written Memorial or Discourse of this said cause I had by me out of which the foregoing proceedings are transcribed I have thought it better to supply it out of the same in manner and form following viz. M r Serjeant Barham and M r Doctor Vaughan did bring from the Lords four Bills viz. for restitution in Blood of Anthony Mayney Esquire the Bill for reformation of abuses in Goldsmiths the Bill to give Costs and Charges to the Defendant that shall be wrongfully vexed by slanderous and untrue Suits and the Bill for relief of Vicars with a Message also from their Lordships that the Committees of this House appointed for Conference with their Lordships in the Bill of Apparel may also have Commission from this House to shew unto their Lordships the reasons which did move this House to deal so hardly in the Bill which being signed by her Majesty passed their Lordships for the restitution in Blood of the Lord Stourton being a Nobleman and seeking but the same course and form of restitution which other Noblemen in like cases have done and had heretofore which Message being opened unto the House was not well liked of but thought perillous and prejudicial to the Liberties of this House Whereupon it was resolved by this House that no such reason should be rendred nor any of this House to be appointed unto any such Commission Vide plus concerning this business on Wednesday the 14 th day of this instant March ensuing Two Bills lastly had each of them their first reading of which the first was the Bill for restitution in Blood of Anthony Mayney Esq On Tuesday the 13 th day of March the Bill for restitution in Blood of Anthony Mayney Esq was twice read and a Proviso to the same Bill was read three times M r Sollicitor and M r Powle did bring from the Lords a Bill for the annexing of Gateside to New-Castle and withal a Message from their Lordships to desire Conference with such of this House as this House shall appoint touching Conference with their Lordships for the Bill of the Lord Stourton which their Lordships do hear hath had offers of Provisoes or some other thing to the stay of the proceeding of the said Bill Whereupon the said M r Sollicitor and M r Powle being called into this House received Answer that by the resolution of this House according to the antient Liberties and Priviledges of this House Conference is to be required by that Court which at the time of the Conference demanded shall be possessed of the Bill and not of any other Court And further that this House being now possessed of the Bill and minding to add some amendment to the said Bill will if they see cause and think meet pray Conference therein with their Lordships themselves and else not Vide concerning this matter on Wednesday the 14 th day of this instant March ensuing Two Bills of no great moment had each of them one reading of which the first being being the Bill against the excess of Apparel was read the second time and Ordered to be ingrossed M r Attorney General and M r Sollicitor did bring from the Lords the Bill of the Queens Majesties most gracious general and free Pardon M r Treasurer Mr. Chancellor of the Exchequer Mr. Secretary Walsingham Mr. Captain of the Guards Sir Nicholas Arnold Sir Henry Gate Mr. Snagg Mr. Grimsditch and divers others were appointed to confer in the Bill touching Wharfs and Keyes in the Chequer-Chamber immediately after Dinner this present day Mr. Serjeant Barham and Mr. Powle did bring word from the Lords that their Lordships did desire to have the former Committees in the Bill for Leather to confer with their Lordships presently touching the same Bill whereof they specially pray that Mr. Marsh may be one whereupon the said
unto the 16 th day of January being Monday on which day this Session following in Anno 23 Reginae Eliz. Anno Domini 1580 began But her Majesty because it was no new Parliament was not present nor did the Lords wear their Robes on this said Monday being the first day of their meeting nor was their any solemn Speech made by the Lord Keeper but either House assembling themselves together severally in their due places fell to their ordinary businesses as upon other days is usually accustomed yet the beginning of this Session is as solemnly Entred in the Original Journal-Book as if it had been a new Parliament where it appeareth to be in manner and form following Die Lunae 16 die Januarii 1580 Anno Regni Excellentissimae metuendissimae Dominae nostrae Elizabethae Dei gratia Angliae Franciae Hiberniae Reginae Fidei Defensatricis c. Vicesimo tertio in quem diem post varias ac diversas Prorogationes praesens haec Sessio Parliamenti Prorogata fuit teneri inchoari apud Westmonasterium die loco praedict Domini tam Spirituales quam Temporales quorum nomina subsequuntur praesentes suerunt Episcopus London Episcopus Sarisburien Episcopus Wigorn. Episcopus Roffen Episcopus Coventr Litchfield These Bishops are thus placed in the Original Journal-Book on the dexter-side of the Lords not by reason of preheminency unless the Archbishop of Canterbury had been present but by reason of their Ecclesiastical Dignity these being all that are noted in the said Journal-Book to have been present this day now follow the names of the Lord Keeper and the Temporal Lords Thomas Bromley Miles Dominus Cancellarius Dominus Burleigh Thesaurarius Angliae Marchio Winton Comes Lincoln Magnus Admirallus Angliae Comes Arundell Comes Northampton Comes Wigorn. Comes Cumberland Comes Bathon Comes Norwicen Comes Southampton Comes Pembrook Comes Hartford Comes Leicester Vice-comes Mountague Vice-comes Bindon Barones Dominus Burgavenny Dominus Willoughby de Erisby Dominus Dacres Dominus Stafford Dominus Dudley Dominus Lumley Dominus Stourton Dominus Mountjoy Dominus Darcy de Darcy Dominus Windsor Dominus Cromwell Dominus Evers Dominus Wharton Dominus Willoughbie de Parham Dominus Howard Dominus North. Dominus S t John de Bletso Dominus de la Ware Dominus Cheyney Dominus Norris Nota There were no names of Receivors or Triors of Petitions read because this was but the third and last Session of a former Parliament as hath been observed and those names are never read but in the beginning of a new Parliament One Bill was read this Morning being for the reformation of Sheriffs Under-Sheriffs and their Ministers primâ vice Hodiè retornatum est Breve quo Preregrinus Bartye Dominus Willoughby silius haeres Katherinae Ducissae Suff. siliae haeredis Willielmi Willoughby nuper Domini Willoughby praesenti Parliamento interesse summonitus est qui admissus est ad suum praeheminentiae sedendi in Parliamento locum salvo jure alieno viz. the said Lord Willoughby was seated and took place next under the Lord Audley and above the Lord Barkley The like Writ returned for Edward Parker Lord Morley who accordingly was admitted salvo jure alieno and placed next under the Lord Barkley and above the Lord Dacres The Lords being thus set and in agitation of their own businesses Sir Francis Knolles Knight Treasurer of her Majesties Houshold Accompanied with Sir James Crosts Knight Comptroller of her Highness Houshold Sir Francis Walsingham Knight one of her Majesties Principal Secretaries and M r Doctor Wilson Esquire another of her Majesties Principal Secretaries Sir Walter Mildmay Knight Chancellor of her Majesties Exchequer and divers others being sent up to the said Lords by the House of Commons upon some urgent and weighty occasions desired to be admitted into the said Upper House there to make known to their Lordships somewhat of importance wherein they should require their advice and need their assistance upon which being admitted the said M r Treasurer assisted with the Personages and Company aforesaid did in comely order and discreet manner make manifest and known unto the said Lords that Sir Robert Bell Knight late Lord Chief Baron and Speaker of the said House who had been Elected to the said place in the first Session of this Parliament in the fourteenth year of her Majesty and had continued also the second Session thereof being in the eighteenth year of her said Highness Reign in the said place was now dead which had been openly and manifestly made known and testified unto them for remedy of which defection they humbly prayed their Lordships advice After which the Lord Keeper first requiring the said Personages a while to withdraw themselves and then commending the order of the matter unto the said Lords sitting in Consultation for the same it was upon considerate advice therein had by them all thought fitting to signifie unto the said Commons by the Personages aforesaid who had been sent from them that they thought it expedient and good that such of the Lords of the said House as were of her Highness Privy-Council with the Lord Marquess of Winchester and the Earl of Arundel Accompanied with such a number of the Commons House as by them should be agreed upon should in the name of both the Assemblies make intimation of their said Estate and the Petition thereupon depending unto her said Highness to which advice the said Commons upon knowledge had of the same wholly assented Then followed the Adjournment of the said Parliament by the Lord Keeper according to the usual form which is thus Entred in the Original Journal-Book Dominus Cancellarius Adjournavit praesens Parliamentum usque in diem Mercurii proximum hora nona On Wednesday the 18 th day of January Billa for reformation of abuses in Sheriffs Under-Sheriffs and their Ministers secunda vice lecta Two other Bills also of no great moment were read primâ vice The Queen having been moved as it seemeth according to the resolution of the two Houses jointly agreed upon between them on Monday last past the 16 th day of this instant January about the Death of Sir Robert Bell late Lord Chief Baron their former Speaker and the choice of a new one in the House of Commons by the Marquess of Winchester and those other right honourable Personages who were then and there named to move her Highness in it did give Order that this present Wednesday both the Lords and Commons should assemble and meet together in the Upper House commonly called the Lords Parliament Chamber there to receive her Majesties Answer where being Assembled Sir Thomas Bromley Knight Lord Chancellor of England shewed forth a Commission from her Highness under the Great Seal of England which was directed to him only wherein her Majesty taking notice of the Death of Sir Robert Bell their former Speaker did Authorize the Lord Keeper for her Majesty and in her name to will and Command the Knights Citizens and Burgesses of
them once read whereof the last being a Bill for the fortifying of the Frontiers towards Scotland was read the third time and after the conclusion thereof sent down to the House of Commons On Wednesday the 15 th day of February to which day the Parliament had been last Adjourned the Lord Chancellor and divers Lords met in the Upper House but no Bills were read only the Lord Chancellor continued the Parliament to nine of the Clock in the Forenoon the day following On Thursday the 16 th day of February Billa for increase of Mariners and Navigation of England was read prima vice and another Bill also of no great moment had its first reading On Saturday the 18 th day of February to which day the Parliament had been last Adjourned four Bills were sent up to the Lords from the House of Commons whereof the last was an Act for Explanation of a Statute against forging of Evidences and Writings which with the other three Bills had each of them their first reading On Monday the 20 th day of February to which day the Parliament had been last Adjourned the Bill touching the Lord Compton c. was read primâ vice Two Bills also were brought up to the Lords from the House of Commons which are more particularly expressed in the Journal of that House On Tuesday the 21 th day of February Three Bills also were sent up to the Lords from the House of Commons whereof the last was an Act ratifying an award between some private persons but there is no mention in the Original Journal-Book of any Bill read this Morning but only of the continuance of the Parliament according to the usual form On Wednesday the 22 th day of February Five Bills had each of them one reading whereof the first was a Bill against Counterfeiting of the hands of any of her Majesties Privy-Council and for the avoiding of counterfeit Instruments and Writings under Seal or counterfeiting of the Seal of any Office or Officer which said Bill was read prima vice On Thursday the 23 th day of February Two Bills had each of them one reading of which the latter being a Bill against slanderous words and rumors and other seditious practices against the Queens Majesty with a new Addition of certain Amendments was read secundâ vice It should rather seem that only the Addition and Amendments which had been inserted de novo into this aforesaid Bill were now read the second time for the Bill it self had passed the Upper House upon the third reading on Monday the 30 th day of January foregoing and was the same Forenoon sent down to the Commons House and there passed and from them was sent up again to the Lords on Monday the 20 th of this instant February last past with a new Addition and certain Amendments So that the Bill it self which hath once passed the House is never read again but only such new Additions and Amendments as are inserted in it must be passed again de novo because they are of the same nature as if a new Bill were brought in On Saturday the 25 th day of February to which day the Parliament had been last Adjourned was read a Bill touching Fines and Recoveries secundâ vice and another Bill of no great moment had also its second reading Memorand that on this foresaid 25 th day of February being Saturday which day was before given to certain Parties then in difference for assignation of some Errors supposed by them to be in a certain Suit Commenced against them M r Cooper came in for the said Plaintiff and openly before the Lords in the Parliament House assigned the Errors after the hearing whereof the Lord Chancellor with consent of the Lords Ordered that the Plaintiff should have a scire facias returnable either the first day of the next Session or the first day of the next Parliament On Monday the 27 th day of February to which day the Parliament had been last continued the Bill for Explanation of the Statute against forging of Evidences and Writings was read primâ vice and another Bill of no great moment was read secundâ vice Then were there two Bills of no great moment sent up to the Lords from the House of Commons whereof the first had its first reading Three other Bills finally after this were each of them once read whereof the last being a Bill touching my Lord Compton c. was after the second reading committed to be ingrossed On Tuesday the 28 th day of February the Bill for ratifying an Award in the Chancery concerning Copyhold and Customary Tenants of the Mannors of Moore and Newman Synderich Knyhton and Pensokes in the County of Worcester was read secundâ vice after which also seven other Bills had each of them one reading of which the fourth Bill being as the rest of no great moment was after the passing of it sent down to the House of Commons But the first Bill of the said seven which was touching the Inning of Erith and Plumsted-Marsh being upon the third reading concluded yet it was Ordered by the Lords that the same Bill should be staid from the sending of it down to the House of Commons until the Parties had brought in their several Bonds On Wednesday the first day of March the Bill for the Explanation of the Statute against forging of Evidences was read tertiâ vice which coming to the Question and the numbers of the Contents on the one side and the numbers of the Not-contents on the other side found to be equal and alike with their Proxies it was Commanded to be laid up in the Desk till the next Parliament On Thursday the second day of March a Bill for the increase of Mariners and maintenance of Navigation was after the second reading committed to be ingrossed Five Bills also were sent up to the Lords from the House of Commons whereof the first was the Subsidy Bill the other four of no great moment The Bill also for the Confirmation of a Subsidy granted by the Clergy primâ secundâ vice lecta commissa ad ingrossandum There were two other Bills each of them read once this Morning whereof the first being a Bill for the punishment of those who should counterfeit the hands of any of her Majesties Privy-Council or the Seals of others was after the third reading rejected Quod nota because it is feldom seen that any Bill after it hath passed the third reading should be rejected Then was the Parliament continued by the Lord Chancellor unto two of the Clock in the Afternoon at which time the Lords meeting there were only two Bills read primâ vice whereof the first was the Subsidy Bill and then the Lord Chancellor Adjourned the Parliament unto the day following On Friday the third day of March Six Bills of no great moment had each of them one reading whereof the last was a Bill that Gavelkind Lands within the County of the City of
quem diem Prorogatum fuerat praesens Parliamentum The Parliament was by the Lord Chancellor the Earl of Darby and the Bishop of Sarisbury Commissioners c. Adjourned ad in 12 diem Junii Duodecimo die Junii in quem diem Prorogatum fuerat c. The Parliament was by the Lord Chancellor Lord Treasurer and five other Commissioners Adjourned ad in 28 diem jam instantis Junii Vicesimo octavo die Junii Anno 23 Eliz. Reginae in quem diem Prorogatum fuerat hoc praesens Parliamentum The Parliament was by the Lord Chancellor the Earl of Arundell and the Lord Dacres Commissioners c. Adjourned ad in 26 diem Julii prox futurum Vicesimo sexto die Julii Anno 23 Eliz. Reginae The Parliament was by Sir Thomas Bromley Lord Chancellor and three other Commissioners Adjourned ad in 12 diem Augusti Anno 23 Eliz. Reginae prox futurum Vicesimo primo die Augusti Anno 23 Eliz. Reginae in quem diem Prorogatum fuerat c. The Parliament was by the Lord Wentworth and the Bishop of London Commissioners c. Prorogued ad in quintum diem Octobris prox futurum Quinto die Octobris Anno 23 Eliz. Reginae The Parliament was by the Bishop of London and the Lord Dacres Prorogued by vertue of the Queens Majesties Commission c. ad in 23 diem Novembris prox futurum Vicesimo tertio die Novembris Anno 24 Eliz. Reginae The Parliament was Adjourned by Sir Thomas Bromley Lord Chancellor and Edward Lord Stafford by vertue of the Queens Majesties Commission ad in quintum diem Decembris prox futurum Quinto die Decembris Anno 24 Eliz. Reginae The Parliament was by the Lord Chancellor and Edward Lord Stafford Adjourned according to the Queens Majesties Commission in that behalf c. ad in 18 diem Januarii prox futurum Decimo octavo die Januarii Anno 24 Eliz. Reginae The Parliament was Adjourned by the Lord Chancellor the Lord Treasurer the Bishop of London and the Lord Howard of Effingham by vertue of the Queens Majesties Commission ad in duodecimum diem Februarii proximè futurum Duodecimo die Februarii Anno 24 Eliz. Reginae The Parliament was Adjourned by the Lord Chancellor the Lord Treasurer the Bishop of London and the Lord Buckhurst by Vertue of a Commission ad in 12 diem Martii prox futurum Upon which said 12 th day of March in the same twenty fourth year of her Majesties Reign the Lord Chancellor and other Lords met and Prorogued the Parliament unto a further day which after five other Prorogations was at last Dissolved all which follow in their several places viz. Duodecimo die Martii Anno 24 Eliz. Reginae The Parliament was by the Lord Chancellor the Bishop of London and Gregory Lord Dacres by vertue of a Commission Adjourned ad in 26 diem Aprilis prox futurum Vicesimo sexto die Aprilis Anno 24 Eliz. Reginae The Parliament was Adjourned by the Lord Chancellor one Earl one Bishop and two Lords by vertue of a Commission ad in 26 diem Maii prox futurum Vicesimo sexto die Maii Anno 24 Eliz. Reginae The Parliament was Adjourned by the Lord Chancellor and Roger Lord Morley by vertue of a Commission c. ad in decimum diem Octobris prox futur Decimo die Octobris Anno 24 Eliz. Reginae the Parliament was in usual form Adjourned by the Bishop of London and Gregory Lord Dacres by vertue of a Commission c. ad in 29 diem Novembris prox faturum Vicesimo nono die Novembris Anno 25 Eliz. Reginae The Parliament was in usual manner Adjourned by the Bishop of London and Gregory Lord Dacres by vertue of a Commission c. ad in 24 diem Januarii prox futurum Nota the word Adjourned is used for Prorogued Vicesimo quarto die Januarii Anno 25 Eliz. Reginae the Parliament was in usual form Adjourned by the Lord Chancellor the Lord Treasurer and the Bishop of London by vertue of a Commission c. ad in 19 diem Aprilis prox futurum Memorand quod hodierno die decimo nono die Aprilis Anno Regni 25 Elizabethae Reginae in quem diem Prorogatum fuit hoc praesens Parliamentum convenere Proceres tam Spirituales quam Temporales quorum nomina subseribuntur Thomas Bromley Miles Cancellarius Angliae Willielmus Dominus Burleigh Dominus Thesaurarius Angliae Philippus Comes Arundell Franciscus Comes Bedford Johannes Episcopus London Edwardus Dominus Stafford Fredericus Dominus Windefor Henricus Dominus Hunsdon Henricus Dominus Norris Qui cum convenissent Thomas Bromley Miles Dominus Cancellarius Angliae literas Regias Commissarias Anthonio Mason Clerico Parliamenti publice legendas in manus tradidit virtute quarum Dissolutum est hoc praesens Parliamentum Earum autem tenor hic erat ELizabetha Dei gratia Angliae Franciae Hiberniae Regina Fidei Defensatrix c. praedilecto fideli Consiliario suo Thomae Bromley Militi Domino Cancellario Angliae reverendissimóque in Christo Patri Edwino Ebor. Archiepiscopo Angliae Primati Metropolitano ac praedilecto Consiliario suo Willielmo Domino Burleigh Domino Thesaurario Angliae ac etiam charissimis consanguineis Consiliariis suis Edwardo Comiti Lincoln magno Admirallo suo Angliae Thomae Comiti Sussex Domino Camerario suo Necnon charissimis consanguineis suis Philippo Comiti Arundell Henrico Comiti Northumbr Henrico Comiti Darby Willielmo Comiti Wigorn. ac etiam charissimis consanguineis Consiliariis suis Henrico Comiti Huntingdon Domino Praesidenti Concilii sui in partibus Borealibus Ambrosio Comiti Warwici Magistro Ordinationum suarum Francisco Comiti Bedford Charissimis consinguineisque suis Henrico Comiti Pembroke Edwardo Comiti Hertford ac Charissimo consanguineo Consiliario suo Roberto Comiti Leicestr Migistro Equorum suorum ac etiam charissimo consanguineo suo Anthonio Vicecomiti Mountague necnon reverendis in Christo Patribus Johanni Episcopo London Johanni Episcopo Sarisburien Johanni Episcopo Roffen ac etiam praedilectis fidelibus suis Willielmo Domino Cobham Domino Gardiano Quinque Portuum suorum Peregrino Domino Willoughby Gregorio Domino Dacre Edwardo Domino Stafford Johanni Domino Lumley Frederico Domino Windesor Thomae Domino Wentworth Lodovico Domino Mordant Henrico Domino Cromwell Carolo Domino Howard de Effingham Rogero Domino North praedilecto fideli Consiliario suo Henrico Domino de Hunsdon Domino Gardiano Marchiarum Orientalium versus Scotiam ac praedilectis fidelibus suis Thomae Domino Buckhurst Henrico Domino Compton Henrico Domino Cheyney de Tuddington Henrico Domino de Norris de Ricott salutem Cum nuper pro quibusdam arduts urgentibus negotiis Nos statum Defensionem Regni nostri Angliae ac Ecclesiae Anglicanae concernentibus praesens hoc Parliamentum nostrum apud Civitatem nostram Westmonasterii octavo
of Burroughs and Barons of the Ports did appear and sit down in the House of Commons but the number of them was not great partly by reason of sundry former Prorogations of the same Session made so near unto the days thereof appointed and partly also for that many of the Knights Citizens Burgesses and Barons since the last former Sessions were changed some by Death and some by other occasions and new returned in some of their places and in some others none which now could not sit in the House till they had first taken the Oath for acknowledging the Queens Highnesses Supremacy over all Estates within her Majesties Realms and Dominions which as then was not done neither could then be done because there was then no Lord Steward at all named or appointed for that purpose according to the form of the Statute in that case made and provided And being so set Sir Francis Knolles Knight Treasurer of her Majesties most honourable Houshold stood up and putting the House in remembrance as well of the Death of Sir Robert Bell K t late Lord Chief Baron of her Highness Exchcquer their Speaker since the last Session by reason whereof the House was then without a Speaker and could not therefore proceed in any thing as also of some course to be taken for procuring her Majesties Commandment to chuse another Speaker he declared unto them that as it was well known by often experience and usage that at the first Summons or beginning of a Parliament the Order is in that case to sit still till the House be sent for to the Upper House there to receive her Highness Commandment to chuse a Speaker so was it now uncertain what Order should be used when a Speaker dying after a former Session Prorogated a new is to be chosen in another Session ensuing holden by such Prorogation in which Case he said there were not many Precedents to his knowledge albeit yet one within our Memory which was in the eighth year of her Majesties Reign when Richard Onslow Esquire the Queens Majesties Sollicitor was chosenSpeaker in that Session de an 8 Reginae Eliz. which made but one and the same Parliament with the former Session held in Anno 5 Reginae ejusdem in which Thomas Williams Esq had been Speaker and died before the said second Session held by Prorogation in the said eighth year of the Queen he offered a Copy of that precedent but because M r Fulk Onslow the Clerk was present sitting as Clerk and had there his Original Book of notes out of which the said Copy was taken he was Commanded to read it out of his Book which was to this purpose But in respect it is omitted both in the foul Copy which Fulk Onslow now Clerk of the House of Commons took concerning the Passages of this Session of Parliament fol. 1. a. and also in the fair written or perfected Copy of the Journal of this said Session out of both which this present Journal is collected and enlarged fol. 106. b. therefore it being a Precedent useful I have supplied it out of the Original Journal-Book of the Upper House in the Parliament de Annis 8 9 Reginae Eliz. Anno Domini 1565. in manner and form following viz. That on Monday the 30 th day of December in the eighth year of the Reign of Queen Elizabeth a new Session of Parliament being holden by Prorogation at Westminster and the Knights Citizens and Burgesses according to their usual Order and Custom meeting thereupon in the House of Commons did there find that Thomas Williams Esq their late Speaker in the first Session of this Parliament holden in the fifth year of the said Queen Eliz. was dead and that the said Commons falling by that means into Consultation what course was fittest to be taken in respect that until a new Speaker was chosen no business could be Entred upon or expedited in the said House did at length all resolve as the best course to send certain of the most eminent Personages being Members of the said House up unto the Lords to desire likewise their advice and assistance in whatsoever their Lordships in that Case should think fittest to be done And thereupon their Lordships joining four Members of their House with four more of the House of Commons did advise that with all humbleness and speed they should all jointly repair to her Majesty and make intimation of their said Estate and so further desire to know her pleasure therein And her Majesty did accordingly most graciously on the next day being Tuesday the first day of October send her Commission under the Great Seal of England directed unto the Lord Keeper by which the said Knights Citizens and Burgesses of the House of Commons were Authorized to Elect and chuse a new Speaker which accordingly they did and thereupon presented him being Richard Onslow Esquire the Queens Sollicitor on the very next day following being Wednesday the second day of October But notwithstanding this precedent some were of opinion although they did not utter it because they supposed themselves not warranted to treat of any thing much less of any dealing with the Upper House without a Speaker or without her Majesties Commandment that this was the only precedent that could be shewed in such manner of proceeding and was but an innovation and not warranted upon good grounds but rather subject to inconvenience and peril So first they thought it was a breach of Duty to the Queen that we should enter into that or any other Consultation before her Majesties Pleasure known touching a Speaker Item there was no warrant to resolve us any thing so that there was no person to take the Voices or moderate the Consultation Item those who should go on such Message could have no good warrant to deliver it in the name of the House when the House could treat of nothing Item it had some inconvenience of drawing a special Prerogative to those of the House that were of her Majesties Councel from the rest of the House Item it had greater peril of precedent to draw the Petitions of the House to her Majesty to be done by mediation of the Upper House and they thought it to stand much in duty and humility to the Queen not to presume to make such Petition or to make difference in proceeding upon a Parliament newly Summoned and a Session of Parliament held by Prorogation as it is used upon new Summons so to sit still in all humility expecting that the House should be sent for to the Upper House there to receive her Majesties Pleasure and Commandment to chuse a Speaker which her Pleasure might either be delivered by the Lord Chancellor in her Majesties Presence or in her absence by Commission as in Cases of Prorogations and such like doings is used And for that it might be doubted how her Majesty should have notice that the Speakers place was void it was to be Answered that the House it self judicially hath
no notice but by relation of his Death as her Majesty hath And her Majesty hath the more certain notice for that her self had made Sir Robert Bell Lord Chief Baron and so his place of Speaker void as some thought although some others thought that the Chief Baron may be Speaker and she had since his Death made a new Chief Baron viz. Nota That this Argument doth very solidly and fully prove that the Knights Citizens and Burgesses of the House of Commons ought not at this time to have joined with the Upper House in Petitioning the Queen for liberty to chuse a new Speaker in respect that her Majesty could not but take notice of it as well as themselves and the rather at this present because she had first made Sir Robert Bell Knight their former Speaker Chief Baron of the Exchequer by which many supposed his place of Speaker was void in the said Commons House because he was to be called by Writ as a necessary attendant of the Upper House and lastly because her Majesty had now afterwards also upon his Death made another Chief Baron in his room by all which it appeared most plainly as is before urged that her Majesty could not but know as well as themselves that the said place of Speaker was void But whether M r Fulk Onslow the now Clerk of the House of Commons did conceive these reasons in his own mind and so by communicating them unto others of the said House and finding them to concur in the same opinion did thereupon Enter them in the Journal-Book of this Parliament or whether others of the House did first conceive it themselves and utter it to him in private in the said House yet certainly it having not been openly spoken in the House as appears by his own setting of it down but privately muttered it ought to have been Entred as a private opinion and not as any part of the Journal and to have been distinguished by being written in some other different hand from that in which the rest of the Journal was set down or the like But yet notwithstanding all those foresaid reasons already set down it was at last agreed by the greater number of the few Voices that the said Precedent should be followed which had before passed in the eighth year of her Highness Reign And accordingly were appointed the said M r Treasurer and Sir James Crofts Knight Comptroller of her Majesties most honourable Houshold and Thomas Wilson Esquire one of her Highnesses Principal Secretaries with a convenient number of others of the House to go to the Upper House to make Petition to the Lords for their Mediation to her Majesty for Licence to chuse a Speaker the place being void first by the making of the said Sir Robert Bell to be Lord Chief Baron of the Exchequer and lastly by his Death which Message being by the said persons executed accordingly and they brought Answer again to the House from the Lords that their Lordships had appointed all the Lords of the Privy-Council with the Marquess of Winchester the Earl of Arundell and the Bishop of London to make that Suit to her Majesty and required to have four of this House being of her Majesties Privy-Council to join therein with them according to the said Precedent whereupon forasmuch as it appeared to this House that the Lords in appointing their number had varied from the said Precedent it was moved that likewise the number appointed by this House might also be altered that in precedent it might remain a thing Arbitratory to the House and that so five of this House being of the Privy-Council should be added to the Lords and the rather because it was then affirmed of some that the cause why only four of the Council being of this House were appointed in the said eighth year was for that the Lords number was then but four and for that also there were at that time but four of the Council in this House The now Lord Treasurer then being the one only Principal Secretary to her Majesty but at last the said Precedent was precisely urged and followed and the said M r Treasurer M r Comptroller and Sir Francis Walsingham Knight one of her Majesties two Principal Secretaries and Sir Walter Mildmay Knight Chancellor of her Highness Court of Exchequer were appointed by this House to join with the said Lords in the said Suit to her Majesty and Order was then also given that this House should also daily assemble to continue the Session and attend the Answer of her Highnesses Pleasure therein On Tuesday the 17 th day of January some number of this House Assembled this day to attend for the causes aforesaid On Wednesday the 18 th day of January the Right Honourable the Earl of Lincoln Lord Steward of the Queens Majesties most honourable Houshold came into this House and before him divers Knights Citizens and Burgesses returned into this House did openly receive and pronounce the Oath according to the form of the Statute in that case made and provided and he did also then and there signify and declare the right Honourable M r Treasurer M r Comptroller M r Secretary Wilson and M r Chancellor of the Exchequer to be his Deputies during this Session of Parliament that before them or any of them all such persons as should during this Session be returned to be of this House might openly receive and pronounce the said Oath accordingly which Deputation they did then execute This matter of the Lord Stewards Ministring the Oath of Supremacy unto such Members of the House of Commons as were newly Elected and returned to this new Session of Parliament being thus transcribed out of the Original Journal-Book of the House of Commons now follows the whole manner of the proceeding of her Majesty in giving Authority by her Commission under the Great Seal unto the House of Commons to Elect a new Speaker and of their receiving the said Authority out of the Original Journal-Book of the House of Lords in respect that the same is but shortly and imperfectly set down in the Original Journal-Book of the said House of Commons This foresaid Wednesday Morning the Knights Citizens and Burgesses of the House of Commons being mindful of the great business of the Election of a new Speaker which they had treated of on Monday foregoing being the 16 th day of this instant January repaired to the Upper House commonly called the Parliament Chamber where being Assembled with the Lords those noble Personages and others who had been appointed to repair unto the Queen on Monday foregoing signified her Majesties Pleasure unto all the Lords and Commons there present concerning the Choice of a new Speaker by the Members of the House of Commons And thereupon the Lord Chancellor shewed forth a Commission under the Broad Seal of England which he Commanded the Clerk openly to read the the tenor whereof was as followeth ELizabeth c. To our Right Trusty and
Right well Beloved Counsellor Sir Thomas Bromley Knight Lord Chancellor of England Greeting Whereas in the beginning of this our present Parliament holden at Westminster the eight day of May in the fourteenth year of our Reign the Knights Citizens and Burgesses being Assembled in the same Parliament were Commanded by us to go to their accustomed place and there to chuse to themselves one to be their Speaker according to the accustomed manner Whereupon the same Knights Citizens and Burgesses did Elect and Chuse one Robert Bell Esq afterwards Knight and Chief Baron of our Exchequer now deceased to be their Speaker and the same their Election did afterwards certifie unto us which Election we did allow and ratifie since which time this our present Parliament hath been continued by divers Prorogations until the 8 th day of February in the eighteenth year of our Reign at which time the said Parliament was holden and continued from the said 8 th day of February until the 15 th day of March then next following from which time also the said Parliament hath continued by divers and sundry Prorogations until the 16 th day of January in this present twenty third year of our Reign At which day the Lords Spiritual and Temporal and also the said Knights Citizens and Burgesses have declared unto us that the said Robert Bell since the last Session of this present Parliament is dead and thereupon have made their humble Suit and Petition to us that they might have Licence and Commandment from us to proceed to Elect amongst themselves one other to be their Speaker for the rest of this present Parliament yet to come Wherefore we having certain and perfect knowledge that the said Robert Bell is dead as they have alledged and considering their humble Petition and Request is very meet and necessary to be granted have appointed and Constituted you and by the these Presents we do Will Command Constitute and Appoint you for us and in our Name to Call the said Knights Citizens and Burgesses before you and other the Lords Spiritual and Temporal Assembled in this our present Parliament in the Higher House of our Parliament at Westminster and there present for us and in our Name to Will and Command the said Knights Citizens and Burgesses to resort to their accustomed place and there to Elect and Chuse amongst themselves one sufficient and able Person to be their Speaker for the rest of this present Parliament yet to come and after they have once made their Election that then three or four of them for and in all their names shall signifie the same unto us and thereupon we will further signifie our Pleasure unto them what day and time they shall present the Person Elected before us as heretofore hath been in like Cases accustomed to be done Wherefore our Will and Pleasure is that you do diligently attend about doing of the premises and execute the same with effect In Witness whereof we have caused these our Letters Patents to be Sealed with our Great Seal Witness our Self at Westminster the 16 th day of January in the twenty third Year of our Reign Thus far out of the Original Journal-Book of the Upper House now follows the continuance of this days Passages as also of the residue of the matters handled in the House of Commons during this Session of Parliament out of the Original Journal-Book of the same House At the return of such Members of the House of Commons into their own House as had been present in the Upper House during the time the recited Commission was in reading for many of the House of Commons conceiving that their sending for to the Upper House aforesaid being only by their own Serjeant whom they had sent up to the Lords to see if the Lord Chancellor and the rest of their Lordships were come thither or no was no orderly giving them notice of their Lordships desires in that behalf according to former usage in respect that the said Commons are to be sent for by ..... amongst the said Members as aforesaid who had been so present in the said Upper House Sir Francis Knolles Knight Treasurer of her Majesties Household did at his return declare that for Answer to the Suit her Majesties Commission was read to license and Command the Commons to Chuse a Speaker and that four of this House being of the Privy-Council should make report of the Election to her Majesty that her Highness might thereupon signifie her further Pleasure for appointing the day for presenting of him M r Treasurer further declared unto the House before their proceeding to Election that he and others had just now seen in the Upper House one that is a Member of this House to wit M r John Popham her Majesties Sollicitor General being one of the Citizens for Bristol and therefore made a Motion that some of this House might be sent to their Lordships with request that the said M r Popham being a Member of this House might forthwith be remanded and restored to this House again which some thought not needful to be done before the Election and others again denying that he or any other could be Chosen Speaker except he were present himself The Clerk was Commanded to read the said Precedent again of chusing M r Onslow in the said eighth year of her Majesties Reign which said Precedent see on Monday the 16 th day of this instant foregoing and thereupon that course being agreed upon to be followed the said M r Treasurer and others were sent up to the Lords to demand the restitution of the said M r Popham and brought Answer again that their Lordships had resolved he should be sent down the rather because he was a Member of this House and this House possessed of him before he was Sollicitor or had any place of Attendance in the Upper House Upon relation whereof a Motion was presently made that it was not meet or convenient to chuse a Speaker by persons that were not of the House and withal it was thought of some that divers persons being newly returned in the places of others yet living were not or ought not to be accounted Members of this House Whereupon to avoid length of Argument and the impediment of the Election the said M r Treasurer by the Assent of the House pronounced an Admonition that all such as were newly returned in the places of others yet living should forbear to repair to the House till their case were further considered Then immediately M r Anderson the Queens Serjeant at Law and Sir Gilbert Gerard Knight her Highness Attorney General brought from the Lords the said M r Popham her Majesties Sollicitor General one of the Citizens for the City of Bristol and restored him to this House as a Member of the same and so departed And then was a Motion made by M r Lewkenor for Prayer to be used before the Election that it might please God both in that and in the residue
of the Proceedings of this House to direct them with his Holy Spirit and a form of Prayer was then read to the House by the Clerk And then afterwards the House proceeding to the Election of a Speaker the said M r Treasurer first speaking did for his own part name and commend the said M r Popham alledging many good reasons and causes moving him thereunto but still leaving nevertheless liberty without prejudice to the residue of the House to name whom they would or thought good And thereupon the whole House with full consent of Voices agreed upon the chusing of the said M r Popham who standing up and much disabling himself in dutiful and reverend wise and alledging for himself many reasonable causes and excuses besought them humbly to proceed to a new Election whereof the House did not allow and so then was he forthwith by the said M r Treasurer and M r Comptroller brought up and placed in the Chair and order thereupon given that the House should the next day Assemble together both to understand her Majesties Pleasure for presenting of the Speaker and also to determine of the case of the said persons newly returned into this House in the places of others yet living On Thursday the 19 th day of January the House again Assembled the Speaker Elect sitting in the Chair The matter began to be debated touching the said Burgesses of whom question was made the day before and the Case was opened by M r Norton a Citizen of London to the effect following viz. That there be Members of this House absent in her Majesties Service as in Embassage or in her affairs in Ireland in whose place new be returned Item some persons be sick of durable Diseases as Agues c. and new be returned in their places Item one M r Flowerden was the last Session Burgess for Castle-Rising in Norfolk and in the Vacation was sick Upon suggestion of which sickness a Writ went to chuse a new Whereupon Sir William Drewry is Chosen and returned for Castle-Rising who now appeareth and M r Flowerden also In the same Vacation one Beamond a Citizen for Norwich is sick of the Gout upon suggestion whereof a Writ went out to chuse a new for Norwich M r Flowerden is chosen returned and newly sworn for Norwich Vide March 18 th Saturday postea The Questions are whether such as be returned in places of persons sick or of persons absent in the Queens Service be Burgesses and the old discharged M r Norton thought the old Burgesses remained and that the said causes of sickness and service are good excuses for their absence but no causes to remove them and to chuse new And for this he alledged divers Precedents as of Doctor Dale Embassador in France and of Sir Henry Sidney Deputy of Wales who having been formerly both of them Members of the House of Commons and absent by reason of both their said Imployments yet when their case was once made known unto the House and there questioned they were still retained as Members of the said House and no new chosen or admitted But however although such absent Members by reason of sickness or Foreign Imployment might be removed yet that ought not to be done upon a suggestion in the Chancery but by the Judgment of the House of Commons upon information thereof M r Serjeant Flowerden M r Robert Snagg M r Seintpoole and M r Serjeant Fleetwood Comptroller argued to the contrary and said that in all these cases new are to be chosen and the old discharged And that it needeth not to have discharge by the Judgment of the House but it sufficeth to make suggestion in the Chancery and to procure a Writ thereupon for a new Election And to question this was to discredit the Lord Chancellor and to scandalize the Judicial Proceedings of that Court. And it was further alledged that not only in these before-recited Cases but also in all others where any new Elections are to be made if the Lord Chancellor send out a Writ upon any suggestion to chuse a new Burgess in the place of an old whether the cause be sufficient or non-sufficient to remove the old or whether the suggestion be true or false yet if a new be returned the House of Commons is to accept the Burgess and to allow the return and the old Burgess remaineth discharged until the matter be further cleared upon the Examination and Judgment of the said House And according to these opinions the new Burgesses Elected and returned in places of men living were received and allowed in the said House M r Flowerden keeping his place for Norwich Sir William Drewry for Castle-Riseing M r Richard Herbert in place of M r Pugh for Montgomery and so the like of the rest that were new Elected Vide the contrary resolved March the 18 th postea Nota That all this was done after the Election of John Popham Esquire the Queens Sollicitor for Prolocutor or Speaker but before his Presentation to the Queen or her Majesties allowance of him The agitation of which question was doubtless either privately muttered in the House or if it were disputed openly it was suddenly and unwarrantably done in respect that the House of Commons have no power to determine or resolve of any thing after the Election of the Speaker till he be presented and allowed as may easily be Collected by all Precedents both of latter and former times Neither did this opinion of the House thus irregularly given take any great effect because the contrary was resolved March 18 postea In the mean time of those foregoing Arguments and Disputations in the House it was signified unto the said House that her Majesties Pleasure was that the Speaker should be presented unto her Highness on the next day following at two of the Clock in the Afternoon in the Upper House On Friday the 20 th day of January the House Assembled together and about two of the Clock in the Afternoon they had notice that the Queen with the Lords Spiritual and Temporal were all set in the Upper House Whereupon the Knights Citizens and Burgesses hasted thither with M r Popham their Speaker and being let in as many as conveniently could and the said Speaker brought up to the Bar at the lower end of the said House by two of the most eminent Personages of the House of Commons he there made his humble excuse and alledged his insufficience for discharge of his place in such manner and form as in like case is usually accustomed But notwithstanding his said excuse her Majesty by the Lord Chancellor signified her Allowance of him for which the said Speaker rendred his humble thanks and Petitioning in the name of the House of Commons for Liberty of Speech for free access to her Majesty and for freedom from Arrests according to the usual form the Lord Chancellor by the Queens Commandment made him a gracious Answer after which ended the Knights Citizens and
and working of Wax was read the second time and committed unto M r Comptroller M r Edgecombe M r Lieutenant M r Recorder and Mr. Cromwell to consider presently in the Committee Chamber Mr. Chancellor of the Exchequer brought in the Bill for Sheriffs with some Amendments and Additions and also a new Bill touching the return of Jurors which all were read Post Meridiem The House being called and some returned into the places of others Deceased since the last Session of this present Parliament and yet some of them supposed to be living some in place of others sick and diseased and some in place of others imployed in the Queens Majesties Service it is Ordered that all the said returns of this Session be Examined and the Orders and Precedents of this House in like Cases formerly used be also considered by some of this House and thereupon report to be made to this whole House of the state of the said Returns and Precedents to the end further order may be taken therein accordingly Whereupon were appointed for that purpose M r Treasurer M r Chancellor of the Dutchy M r Treasurer of the Chamber Sir Thomas Shirley Sir Edward Horsey Sir William Moore Sir Henry Gate Sir John Hibbott M r Attorney of the Dutchy M r Diggs M r Cromwell and M r Poole William Boreman Esq one of the Burgess for the Town of Wells was Licensed by Mr. Speaker to be absent for his necessary Affairs at the next Assizes in the County of Somerset On Saturday the 25 th day of February Two Bills of no great moment had each of them one reading of which the second being the Bill for the Explanation of the Statute of 32 H. 8. for Limitation of prescription was read the third time and passed upon the Question Tuesday next in the Afternoon in the Exchequer Chamber is appointed for the Committees to meet together to examine the returns and defaults appearing upon the calling of the House The Bill for the better fortifying of the Borders and Frontiers towards Scotland was read the second time and after many Arguments committed unto all the Privy-Council being Members of this House M r Treasurer of the Chamber M r Knight Marshal Sir Thomas Cecil Sir Henry Lea Sir Henry Knivett and others who were appointed to meet upon Monday next in the Exchequer Chamber at two of the Clock in the Afternoon On Monday the 27 th day of February Four Bills of no great moment had each of them one reading of which the first being the Bill touching the Examination of Witnesses in Towns Corporate was read the second time and Ordered to be ingrossed The two Bills which passed yesterday were now sent up to the Lords by M r Comptroller and others The Bill touching Leases of Tenants in Tail was read the second time and committed unto Sir Thomas Sampoole M r Sandes M r Amerdeth M r Cromwell M r Edward Stanhope and M r Shirley who were appointed to meet this Afternoon at two of the Clock in the Exchequer Chamber The Bill for the City of Carliol was read the second time and committed unto Mr. Comptroller Mr. Knight Marshal Sir Henry Knivett Sir John Dawney Sir Edward Horsey Sir Robert Stapleton Sir Henry Gate and others who were appointed to meet on Wednesday next at two of the Clock in the Afternoon in the Exchequer Chamber Mr. Serjeant Anderson and Mr. Dr. Barkeley did bring from the Lords word that their Lordships have appointed to meet with the Committees of this House at the Court in the Council Chamber at two of the Clock in the Afternoon touching the Bill of disobedient Subjects It is Ordered thereupon for this time that the former Committees with some others now added and no more shall attend the Lords to Morrow in the Afternoon according to the Message brought from their Lordships in the Bill for Religion The Bill for the punishment of Hereticks called the Family of Love was read the second time and committed unto Mr. Comptroller Mr. Vice-Chamberlain Mr. Chancellor of the Exchequer Mr. Secretary Wilson and others who were appointed to meet upon Wednesday next at two of the Clock in the Afternoon It was Ordered that the House should be called again upon Saturday next at two of the Clock in the Afternoon On Tuesday the 28 th day of February Five Bills of no great moment had each of them one reading of which the third being the Bill touching Clothes called Tauntons and Bridgewaters was read the third time and Ordered to be ingrossed Mr. Doctor Barkley and Mr. Doctor Ford did bring from the Lords a Bill touching the assurance of certain Lands to the Lord Compton The Bill against Moor-burning was read the second time The Bill touching Examination of Witnesses in Corporate Towns and these words viz. without Commission or Warrant from some of her Majesties Courts or Councels and these words or nisi prius are upon the Question Ordered to be put into the Bill and the word heretofore already in the Bill was upon the division of the House after the doubtfulness of the Question Ordered to remain in the Bill by the advantage of the number of nine persons and the Bill so amended was passed upon the Question On Wednesday the first day of March Three Bills had each of them one reading of which the third being the Bill for granting one Subsidy two Fifteenths and Tenths was read the third time and passed upon the Question On Thursday the second day of March Six Bills of no great moment had each of them one reading of which the last being the Bill for the Mayor Bailiffs and Commonalty of the City of Coventry was read the third time and passed upon the Question Five Bills were sent up to the Lords by all the Privy-Council being of this House and others of which one was the Bill touching Limitation of prescription in a Formedon in the Descender and another against the false packing of Hops Three Bills also had each of them one reading of which the third being the Bill against the Corporation of the Merchant Adventurers being Freemen of the City of London was read the second time and committed unto Mr. Treasurer Mr. Chancellor of the Exchequer Mr. Comptroller Mr. Chancellor of the Dutchy Mr. Vice-Chamberlain Mr. Secretary Wilson Mr. Lieutenant of the Tower the Master of the Jewel-House M r Dale Master of the Requests and others who were appointed to meet in the Exchequer Chamber to Morrow at two of the Clock in the Afternoon And further that the said Committees shall have Authority to hear such proofs on both parts as shall make request to come before them touching the contents of the said Bill On Friday the third day of March the Additions and Amendments in the Bill touching Tinners and Spaliers were twice read and the Bill Ordered to be ingrossed Two Bills also of no great moment had each of them one reading of which the first being the Bill for the preservation of
Justice of the Common-Pleas having informed this House touching the State of the Record mentioned in the Bill for the Lord Zouch and the said Lord Zouch having been here likewise heard at the Bar and the said Record having been here seen and perused in this House and read by the Clerk it was resolved that Sir Thomas Sampoole Mr. Recorder of London Mr. Harrington Mr. Cromwell Mr. Lewkenor and Mr. Cowper do consider of the Decree heretofore made in the Chancery touching the said matter and of the Exemplification of the said Record and meet to Morrow Morning at seven of the Clock in the Forenoon in the Committee Chamber of this House and afterwards to make Report Vide touching this matter on Friday the 17 th day of this instant March following Mr. Treasurer touching the Committee yesterday with the Lords for the Bill of maintenance of the Borders against Scotland declared that their Lordships in the Conference yesterday seem'd to marvel much that their Lordships having first passed a Bill with them for the said purpose and sending it down to this House this House would without requiring further Conference with their Lordships take upon them to make a new Bill for the same matter and not proceed with the said Bill thereof which came from their Lordships And their Lordships thought this House ought not so to have done neither could well by Warrant of any former Precedents of this House And further that some of the said Committees of this House then answered unto their Lordships that this House had cause to do as they did and might likewise well so do Mr. Vice-Chamberlain very excellently setting forth the great benefits and blessings of God upon this Realm in the Godly most loving and careful Government and Ministry of her Majesty and withal the great earnest most faithful and dutiful zeal and obedience of this House unto her Highness no less in every particular Member of the same than is or can be in any other Subject of this Realm whosoever noble or other as hath and may well appear by them all in their Actions And also taking occasion of the Bill lately very gravely carefully and dutifully considered and dealt in by this House for the due care and preservation of her Majesties Honour Fame and Dignity but nevertheless dashed by the Lords in the Upper House and not in this House nor in the default of this House moved that this House would yet notwithstanding for many great and weighty respects by him most excellently amply and effectually and no less aptly declared proceed to some such course for due provision to the same end of the safety of her Highness Honour Fame and Dignity as by some of this House for that purpose to be selected shall seem meet to express and shew the faithful hearts careful love and dutiful obedience of such thankful Subjects unto so Gracious Provident and Merciful a Prince Whereupon were appointed all the Privy-Council being of this House M r Treasurer of the Chamber M r Knight Marshal M r Doctor Dile Master of the Requests Sir Thomas Sanpoole Sir William fitz William Sir William Moore Sir Thomas Shirley M r Recorder of London M r Sands M r Atkins M r Cowper M r Cromwell M r Norton Sir Henry Gate Sir George Turpin M r Wolley M r Beale M r Thomson M r Crooke M r Nicholas S t Leger M r Vincent Skinner M r Pister Mr. Edward Lewkenor Mr. Diggs Mr. Dalton and Mr. Alford to meet in the Exchequer Chamber between one and two of the Clock this Afternoon to confer for the drawing of a Bill against to Morrow Morning for the safety and preservation of her Majesties Honour Fame and Person accordingly Vide concerning a Bill on Wednesday the first day of February foregoing much to this purpose as also on March the 13 th Monday foregoing The Bill for restitution in Blood of Philip Earl of Arundel was read the third time and passed upon the Question On Wednesday the 15 th day of March Two Bills of no great moment had each of them one reading of which the first being the Bill for maintenance of Mariners and of the Navigation was read the second time and two Provisoes also to the same Bill were twice read and committed unto Mr. Lieutenant of the Tower Sir Thomas Sampoole Mr. Aldersey Mr. Grice Mr. Lewkenor Mr. Norton and others who were appointed to meet at the Temple-Hall at two of the Clock this Afternoon Two Bills also had each of them one reading of which the Bill for the more indifferent Tryal by Juries was read the third time and dashed upon the Question Six Bills were sent up to the Lords by Sir Henry Ratclyffe Sir Thomas Cecill Sir Edward Horsey Mr. Lieutenant of the Tower and others whereof the fifth was the Bill for restitution in Blood of John and Dudley S t Leger and the last for the more indifferent Tryal by Juries Mr. Treasurer reported that according to the Order and Commission of this House to him yesterday and others he and others of the Committees had met together and drawn a new Bill and so delivered the Bill in the House to be read The Bill against seditious words and rumors uttered against the Queens most Excellent Majesty was twice read and upon the Question Ordered to be ingrossed Mr. Attorney General and Mr. Doctor Gibbon did bring from the Lords the Bill for fortifying of the Borders against Scotland with some Amendments which Bill had passed this House before and was sent to their Lordships from this House On Thursday the 16 th day of March Three Bills of no great moment had each of them one reading of which the third being the Bill for Exposition of the Statute of Bankrupts was read the third time and dashed upon the Question Sir Thomas Sampoole one of the Committees in the matter for the Lord Zouch whose names see on Monday the 13 th day of this instant March foregoing made report of their Travel therein and of the Estate of the Title of the said Lord Zouch to the Mannor in demand and thereupon the said Lord Zouch was afterward with his Councel heard at the Bar. Vide concerning this matter on Tuesday the 14 th day of this instant March foregoing and also on Friday the 17 th day of the same Month following Mr. Doctor Clark and Mr. Doctor Barkley did bring from the Lords a Bill before-passed this House touching the abolishing of certain deceitful stuffs used in the dying of Cloths and now returned by their Lordships with some Amendments and Provisoes thereunto added The Bill against seditious words and rumors uttered against the Queens most Excellent Majesty was read the third time and after sundry Motions and Arguments and some Amendments added were thrice read and the Bill passed upon the question Mr. Cope standing up and offering to speak unto the House said unto Mr. Speaker and Charged him with these Speeches that is to say That Mr. Speaker
in some such matters as he hath favoured hath without Licence of this House spoken to the Bill and in some other Cases which he did not favour and like of he would prejudice the Speeches of the Members of this House with the Question On Friday the 17 th day of March the Bill for maintenance of Mariners and of the Navigation was read the third time The Bill against seditious words and rumors uttered against the Queens most Excellent Majesty which passed in this House yesterday was sent up to the Lords by M r Treasurer and all the residue of the Privy-Council being of this House and then present with others and also the Bill for the Borders wherein their Lordships are to be moved for the perfecting only of the sence in some parts of their Amendments that this House may proceed to their further dealing in the said Bill accordingly M r Serjeant Anderson and M r Doctor Gibbon did bring from the Lords again the Bill for the Borders amended according to the request of this House with Commendation also from her Majesty from the Lords of the Bill for the maintenance of Mariners and of the Navigation Whereupon the amendments being finished and three times read and passed upon the question the Bill was remanded unto their Lordships by M r Comptroller and others together with the Bill against deceitful stuff used in dying of Cloths wherein their Lordships are to be moved for the perfecting of some part of their Lordships Amendments sent by them to this House viz. the mistaking of a line in the Bill to the end that the same being done this House may proceed in perfecting of the said Bill accordingly in the said amendments M r Chancellor of the Exchequer M r Henry Ratclyffe Sir Thomas Sampoole M r Aldersey M r Wroth M r Cromwell Mr. Norton Mr. Alford and Mr. Grice were appointed to consider presently in the Committee Chamber of the Bill for maintenance of Mariners and of the Navigation The Bill for the Lord Zouch was read the third time M r Comptroller returning from the Lords brought word from their Lordships that they do add some amendments to the Bill against seditious words and rumors uttered against her Majesty and did pray that when their Lordships shall now forthwith send down the same Bill and amendments to this House it may then have speedy Expedition and did eftsoons recommend unto this House the Bill for maintenance of Mariners and of the Navigation Mr. Doctor Lewes and Mr. Doctor Clark did bring word from the Lords that their Lordships do pray present Conference with half a score of this House touching the Bill against seditious words and rumors uttered against her Majesty And thereupon were appointed Mr. Treasurer Mr. Comptroller Mr. Chancellor of the Exchequer Mr. Vice-Chamberlam Sir Thomas Sampoole Mr. Doctor Dale Master of the Requests Mr. Recorder of London Mr. Cromwell Mr. Cowper and Mr. Alford to confer with their Lordships accordingly Vide concerning this matter on Wednesday the first day of February foregoing M r Doctor Lewes did bring from the Lords the Bill for abolishing certain deceitful stuff used in the dying of Cloths with the reformation in their Lordships said amendments done and made according to the Request of this House to their Lordships in that behalf It is Ordered upon the Question that the Bill for the Lord Zouch be committed to be reformed by M r Treasurer M r Chancellor of the Exchequer M r Cromwell M r Wentworth M r Snagg M r Diggs M r S t Leger M r Lewkenor M r Carleton and M r Ameredith and appointed to meet in the Exchequer Chamber this Afternoon Vide de ista materia on Tuesday the 14 th of this instant March foregoing Mr. Treasurer and others coming from Conference with the Lords Mr. Treasurer declared that their Lordships have delivered unto them certain notes in writing to move unto the House touching the Bill against seditious words and rumors uttered against her Majesty which notes in writing were by Mr. Vice-Chamberlain declared that their Lordships would feel the opinion of this House whether this House could be content to leave in force unrepealed so much of the Statute of the first and second of King Philip and Queen Mary as concerneth such matter as in this said Bill is not provided for or met with as partly touching slanderous words against Noblemen and the Lords of the Clergy And further whether this House can like to have the words directly or indirectly added to the said Bill in such parts thereof as do make mention of tending to her Majesties Death It was upon the Question of these Motions to the House in these points resolved That the repeal of the said Statute of the first and second of King Philip and Queen Mary should stand in sort as it is already passed by this House in the said Bill for that her Majesty may at any time by her Commission renew or receive thereof repealed at her Highness Pleasure And also that these words or any words directly to that effect shall be put in and inserted in their Lordships said notes to be added to the said Bill in that part thereof which maketh mention of any person willing wishing or desiring her Majesties Death Vide concerning this matter on Wednesday the first day of February foregoing On Saturday the 18 th day of March the Amendments and Proviso in the Bill against certain deceitful stuff used in the dying of Cloths was read the third time and passed upon the question Mr. Cromwell one of the Committees for Examination of the returns and defaults noted upon the last calling of the House made report unto the House of the state of the same Examinations Whereupon after sundry Motions and Arguments it was resolved by the House That all such Persons as have not been duly returned into this present Parliament as in lieu and place of others absent being either sick or employed in her Majesties Services or otherwise and not dead shall be for this time holden excused of their attendance and of their sitting in this House until this present time but shall from henceforth stand and be utterly discharged and disabled of their said rooms and places in the stead of such other persons not being dead unless special Order shall be therein taken by this House to the contrary And then perusing the said returns and defaults and also the former Precedents of this House in like Cases it is adjudged and Ordered by this House That Edward Flowerdewe Esq Serjeant at Law and who the last former Session of this present Parliament did stand and appear a Burgess of Castle-Riseing in the County of Norff. and was nevertheless returned into this present Session of Parliament a Citizen for the City of Norwich in lieu and place of Thomas Beamont sick shall still stand and remain in his place for Castle-Riseing and not for the said City of Norwich And for as much also as it is
now credibly informed to this House by John Aldrich Gentleman one of the Citizens returned for the City of Norwich and also by Sir Roger Woodhouse Knight one of the Knights for the said County of Norff. and also by Edward Grimstone Esquire one of the Burgesses for the Town of Ipswich in the County of Suff. that the said Thomas Beamont is impotent and incurably sick and diseased it was at the earnest motion of the said John Aldrich made to this House for another Citizen to be chosen and returned for the said City of Norwich in the place and stead of the said Thomas Beamont Ordered and resolved by this House that a Warrant be made forthwith by this House to the Clerk of the Crown-Office in the Chancery for the directing of a new Writ for the chusing and returning of another Citizen of the said City of Norwich in the place and stead of the said Thomas Beamont accordingly And for as much as Hugh Graves one of the Citizens for the City of York did the last former Session of this present Parliament move the House and make request that by Order of this House another Citizen might be chosen and returned for the said City of York in lieu and stead of Gregory Peacocke his fellow Citizen being then and yet still incurably sick and diseased and for that also that Robert Askewith is already returned and hath attended this present Session in the room and place of the said Gregory Peacocke it was now Ordered and resolved by this House that the said Robert shall stand and remain still as a Citizen for the said City of York in the lieu and place of the said Gregory Peacocke according to the return thereof made The Bill for the Lord Zouch was after sundry Motions and Arguments put to the Question and dashed It was also upon further consideration of the said returns and defaults Ordered and resolved That Thomas Fleming Gentleman being returned into this Session and appearing in the place of James Dalton one of the Burgesses for Kingstone upon Hull in the County of York being incurably sick and diseased shall stand and continue according to the return in that behalf already made And that John Fawcher likewise returned a Burgess for the said Town of Kingston upon Hull in the lieu and stead of James Clerkson sick and Samuel Cox Esquire returned a Burgess for the City of Rochester in the County of Kent in the room and place of William Partridge Esquire being sick Sir William Drury Knight returned a Burgess for Castle Riseing in the County of Norff. in the room and place of Edward Flowerdewe Esq being sick Richard Mollineux Esquire returned a Burgess for the Town of Wigan in the County of Lancaster in the room and place of Edward Fitton Esquire being in the Queens Majesties Service Fulke Grevill Esquire returned a Burgess for the Town of Southampton in the room and place of Sir Henry Wallop Knight being in the Queens Majesties Service and Richard Herbert Esquire returned a Burgess for the Town of Montgomery in the room and place of Rowland Pugh Esquire supposed to be dead but yet known to be in plain life shall be forthwith amoved from their said places and the said James Clerkson Edward Flowerdew Esquire Edward Fitton Esquire William Partridge Esquire Sir Henry Wallop Knight and Rowland Pugh Esq and every of them shall stand and continue for their said several rooms and places notwithstanding any such causes of sickness the Queens Majesties Service or supposed allegation of being dead Vide Januar 19. Januar. 21. antea And it is also further agreed upon and resolved by this House That during the time of sitting of this Court there do not any time any Writ go out for the chusing or returning of any Knight Citizen Burgess or Baron without the Warrant of this House first directed for the same to the Clerk of the Crown according to the ancient Jurisdiction and Authority of this House in that behalf accustomed and used Nota. This resolution of the House is no other than had been formerly taken by them in the beginning of this Parliament upon Saturday the 21 th day of January foregoing which also was further ratified and confirmed by the opinion and judgment of Sir Thomas Bromley Knight at this time Lord Chancellor of England M r Doctor Gibbon and M r Doctor Clerk did bring word from the Lords that their Lordships did desire present Conference with ten of this House or more touching the Bill lately passed in this House concerning Iron-Mills Whereupon were appointed M r Comptroller M r Treasurer of the Chamber Sir Thomas Shirley Sir William Moore Sir Thomas Sampoole M r Recorder of London M r Norton M r Cowper M r Aldersey M r Gaymes and M r Leife The Bill against certain deceitful stuff used in the dying of Cloths was sent up to the Lords by M r Comptroller and the said Committees and the provision passed and assented unto and amended according to the request of their Lordships The Bill for maintenance of Mariners and of the Navigation all the Amendments Provisions and Additions being three times read was passed upon the Question Where by a former Order of this House Arthur Hall Esquire was committed Prisoner to the Tower of London there to remain by the space of six Months and so much longer as until himself should willingly make a general revocation or retractation under his hand in writing of certain Errors and slanders contained in a certain Book set forth in print and published in part greatly tending to the slander and reproach of Sir Robert Bell Knight deceased late Speaker of this present Parliament and of sundry other particular Members of this House and also of the Power Antiquity and Authority of this House to the satisfaction of this House or of such Order as this House should take for the same during the continuance of this present Session of Parliament as by the same Order made and set down by this House upon Tuesday being the 14 th day of February foregoing in this present Session of Parliament more at large doth and may appear And where also the said Arthur Hall hath ever since the said Order taken remained in the said Prison of the Tower and yet still doth and hath not at all made any revocation or retractation of the said slanders errors and untruths to the satisfaction of this said House according to the said Order It is now therefore Ordered and resolved by this House That the further allowance of such revocation or retractation to be hereafter made as aforesaid shall be referred unto the Right Honourable Sir Francis Knolles K t one of her Majesties most Honourable Privy-Council and Treasurer of her Highness most Honourable Houshold Sir James Crofte Knight one other of her Majesties most Honourable Privy-Council and Comptroller of her Majesties said most Honourable Houshold Sir Christopher Hatton Knight one other of her Highness said most Honourable
Privy-Council and Vice Chamberlain to her Majesty Sir Francis Walsingham K t and Thomas Wilson Esquire her Highness two Principal Secretaries Sir Walter Mildmay Knight one of her Majesties most Honourable Privy-Council and Chancellor of her Highness Court of Exchequer and Sir Ralph Sadler Knight one other of her Majesties said most Honourable Privy-Council and Chancellor of her Highness Dutchy of Lancaster being all Members of this House or unto any three of them to be by them or any three of them further declared and reported over unto this House in the next Session of Parliament to be holden after the end of this said Session accordingly Vide concerning this matter on Saturday the 4 th day Monday the 6 th day Wednesday the 8 th day and Tuesday the 14 th day of February foregoing M r Serjeant Anderson and M r Doctor Clerk did bring word from the Lords that the Lord Chancellor commanded them to signifie unto this House that the Queens Majesty purposeth God willing to come to the Upper House this present day in the Afternoon And therefore his Lordship willeth that this House be then there present to attend upon her Highness and withal that the Bill of the Subsidy shall then be delivered to M r Speaker to be presented by him in the name of this whole House unto her Majesty M r Doctor Lewes and M r Doctor Gibbon did bring from the Lords the Bill for the Subsidy and withal a report that their Lordships do say that the use is indifferent either to take it there or send it hither which being after their departure reported to the House by M r Speaker it was by the House resolved that the use thereof is not indifferent but always hath been and is that it be sent down into this House and not left there Quod nota Mr. Comptroller returning from the Lords with the others which were sent up with them to the Lords did bring word that their Lordships are well satisfied with the Messages of this House sent up to their Lordships by them Mr. Serjeant Anderson and Mr. Doctor Clerk did bring from the Lords the Bill against slanderous words and rumors uttered against her Majesty and also the Bill touching Iron-Mills with offer of certain Amendments in both the same Bills which Bills were then presently amended according to their Lordships request and sent up unto them by Mr. Treasurer and others Post Meridiem It is Ordered and resolved by this House upon the question That every Knight for the Shire that hath been absent this whole Session of Parliament without excuse allowed by this House shall have by Order and appointment of this House twenty pound for a Fine set and assessed upon him to her Majesties use for such his default and for and upon every Citizen Burgess and Baron for the like default ten pound And for some mild and favourable course of dealing to be used by way of admonition or warning for the better preventing of greater Fines and amerciaments hereafter It is now Ordered that all such Knights for Shires Citizens for Cities Burgesses for Boroughs and Barons for Ports as have been here and attended at any time this Session of Parliament and have departed without Licence shall for his and their such default forfeit and lose the benefit of having or receiving his or their wages due or to be due for his or their attendance in that behalf And for the better Execution of this Order the Clerk of the Crown shall not at any time hereafter deliver out any Writ for levying of the Wages or allowance of any such Knight Citizen Burgess or Baron without Warrant first had from the Clerk of this House for the same And it is also further Ordered by this House that from henceforth no Knight Citizen Burgess or Baron being a Member of this House shall upon any occasion depart from his attendance or service in this House without Licence from this House or from the Speaker for the time being and the same Licence to be Entred and set down by the Clerk of this House accordingly upon pain of such Fine and Amerciament for his such contempt over and besides the loss of his Wages or allowance as to this House upon Examination of the matter shall seem requisite M r Attorney General and M r Doctor Lewes did bring from the Lords the Queens Majesties most Gracious General and free Pardon which being reported unto the House by M r Speaker the said Pardon was once read and so passed upon the question accordingly The Queens Majesty being come into the Upper House of Parliament and there sitting in her Royal Seat the Lords and Commons attending upon her Highness M r Speaker in his Oration to her Majesty did very aptly and briefly declare the chief and principal purpose in making of Laws to consist of three several parts to wit the first for the true and sincere service and glory of God secondarily for the surety and preservation of her Majesties most Royal Person and thirdly for the good quiet and benefit of the Common-Wealth of this her Highness Realm and Subjects of the same ascribing the sincere and plentiful Preaching of Gods word with the due and right use of Prayer and Administration of the Sacraments and the true exercise and discipline in the Churches to be the ordinary means both of the advancement of Gods Glory her Majesties Safety and of her Subjects Prosperity the dew of the word watering and bringing forth in all good Christian Consciences the true knowledge and fear of God faithful Love and due Obedience unto her Majesty and perfect unity in the general Society of this Common-Wealth And the exercise of the Sword of Discipline to cut off repress and correct all excesses and errors tending to the impeachment of all good effects aforesaid Declaring further unto her Highness that her Majesties Nobles and Commons in this present Parliament Assembled had very carefully gravely and dutifully travelled in this present Session to devise and ordain good and wholsome Laws for those ends and purposes to be established and allowed by her Highness and also some other good and necessary Laws as well for the whole State of the Common-Wealth in general as for the private benefit and necessary relief of sundry her Majesties particular good Subjects And so recommending all the same unto her Highness and especially two of them whereof one doth chiefly and principally tend to the bridling and reforming of her Majesties disobedient and obstinate Subjects the utter Adversaries of true Religion and the most pernicious and dangerous Enemies of her Highness most Royal Person State and Government the second for the due maintenance and preservation of her Majesties Honour good Fame and Dignity humbly besought her Majesty to give life unto all the said Laws by her Royal Assent And then yielding unto her Highness most humble thanks in the name of the whole House for her Majesties most Gracious good acceptation of their most
humble Petition unto her Highness for reformation of some abuses yet remaining in the Church and most humbly renewing the speedy consideration thereof unto her Majesties good remembrance at her good will and pleasure did further most humbly beseech her Highness in the name and behalf of the whole State of the Commons of her Realm that her Majesty would at their most humble Suit the rather have a vigilant and provident care of the safety of her most Royal Person against the malicious attempts of some mighty Foreign Enemies abroad and the Trayterous practices of most unnatural disobedient Subjects both abroad and at home envying the blessed and most happy and quiet Government of this Realm under her Highness upon the thread of whose Life only next under God dependeth the Life and whole State and stay of every her good and dutiful Subjects And withal that it might please her Highness to have such good care and regard generally for the maintenance of Mariners and of the Navigation the very strength and Walls of her Majesties Realms and Dominions as may seem most convenient unto her Highness most godly wisdom from time to time And so declaring that her Majesties Nobles and Commons having had consideration of her Highness great Charges many ways for defence of her Realms and People against Foreign Enemies and other Rebellious Subjects both already imployed and hereafter to be imployed have granted unto her Highness one Subsidy and two Fifteenths and Tenths which they besought her Highness to accept in good part according to their humble Duties and gave her Majesty most humble thanks for her Highness most Gracious general and free Pardon Which done the Lord Chancellor by her Majesties Commandment Answering very Excellently and briefly the parts of M r Speaker his Oration did amongst other things deliver her Majesties most hearty thanks unto both Houses for their great and good care for the safety of her Highness Person and also of her Honour good Fame and Dignity not yet comprehending within those general thanks such Members of the House of Commons as have this Session dealt more rashly in some things than was fit for them to do and giving them withal like hearty thanks for the said Contribution of a Subsidy and two Fifteenths and Tenths in that it was granted as willingly and frankly and also as largely and amply and to be Answered as speedily as any other like ever hath been taking the same in as good part as if it had been to her own private use where in very deed it is to be imployed to the general service and benefit of the whole Realm And so giving her Royal Assent to thirty Acts fifteen publick and fifteen private the said Lord Chancellor did by her Highness Commandment Prorogue this present Parliament until the 24 th day of April next coming Nota That all this days Passages with the manner of the Conclusion of the Parliament are wholly transcribed out of the Original Journal Book of the House of Commons and in that respect are here more largely set down than in the Journal of the Upper House and the rather because there is no Conclusion of any Parliament so exactly described in any other of the said Original Journal Books of the House of Commons during the Queens Reign The third and last Session finally of this present Parliament was upon the foresaid 24 th day of April Prorogued again unto the 29 th day of May and was at last after seventeen other Prorogations Dissolved by vertue of her Majesties Commission under the Great Seal of England in that behalf directed upon the 19 th day of April in the twenty fifth year of her Majesties Reign THE JOURNAL OF THE House of LORDS A. Journal of the Passages of the House of Lords in the Parliament holden at Westminster Anno 27 Reginae Eliz. Anno Domini 1584. which began there on Monday the 23 th Day of November and then and there continued until the Prorogation thereof on Monday the 29 th Day of March Anno Domini 1585. after which it was lastly Dissolved on Wednesday the 14 th Day of September Anno 28 Reginae ejusdem Anno Domini 1586. THIS Parliament Summoned and holden in the twenty seventh year of her Majesties Reign lasted a long time in respect of the continual sitting of either House for the space of about three Months at two several Meetings between which there intervened only one Adjournment of about forty days space There were no publick matters of any great consequence debated in it but many Excellent Passages for the Power Priviledge and Order of the Upper House may be observed from it At the first Prorogation thereof on Monday the 29 th day of March in Anno 27 Reginae Eliz. Anno Domini 1585. there passed near upon fifty several Acts or Statutes publick and private from which time it continued until the Dissolution thereof as abovesaid The day before the Parliament began being Sunday and the 22 th day of November the Original Journal-Book setteth down amongst others two unusual or extraordinary Proxies to have been introducted or returned thereon into the hands of the Clark of the Upper House for any Proxy if it be delivered into the hands of the said Clark whether it be before the Parliament begin or after is well returned and it is most likely that these two with some other ordinary or usual Proxies which are here omitted were delivered as aforesaid this Sunday towards the Evening because the Parliament was to begin the next Morning Which said Letters Procuratory are Entred as aforesaid in manner and form following 22 o die Novembris introductae sunt literae Procuratoriae Johannis Episcopi Carliolen ' in quibus Procuratorem suum constituit Johannem Episcopum London Item introductae sunt literae Procuratoriae Willielmi Episcopi Cestren ' in quibus Procuratorem suum constituit Edwinum Archiepiscopum Eboracen ' Nota. That here two Bishops did constitute but one Proxy apiece whereas it seldom happeneth that any spiritual Lord nominateth fewer than two But for any further observation upon the Proxies returned this Parliament Vide on Friday the 27 th day of this instant November following On Monday the 23 th day of November the Parliament began according to the Summons Which had been sent forth The Queens Majesty went to this Parliament in her accustomed Pompous and Royal manner being attended first unto the Cathedral Church of Westminst from her Palace of Whitehall by the Lords and others where having heard a Sermon she was afterwards conducted by them in the like Royalty into the Parliament Chamber commonly called the Upper House whither she came about two of the Clock in the Afternoon Nota That the whole manner and form aforesaid of her Majesties most Royal going to this Parliament is set down at large in M r Mills his Catalogue of Honour imprinted at London Anno Domini 1610. pag. 64. The Queen and the Lords Spiritual and Temporal being all set in
and Erisby against the Heirs and Assigns of M r Heronden was read tertia vice conclusa and sent to the House of Commons by Serjeant Gawdy and Serjeant Rolls Memorandum That this day before the passing of my Lord Willoughbies Act Edward Heronden came before the Lords and gave his Assent thereunto Vide concerning this matter on Wednesday the third day of this instant March foregoing Saturday next was appointed by the House for the appearance of M r Oughtred and the Earl of Sussex and Viscount Mountague appointed to talk with the Lady Marchioness about the assurance of her Jointure by a Parliament Nota That this matter was formerly debated on Tuesday the 7 th day of March in the last Parliament de anno 23 Reginae Eliz. and before also in this present Parliament on Tuesday the 9 th day of February last past when Committees were appointed about it Vide also on Monday the 29 th day of this instant March following M r Vinions matter of which Vide antca on Monday the first day of this instant March foregoing was again referred to the Master of the Rolls and M r Serjeant Rodes The Bill lastly for redress of erroneous Judgment in the Kings-Bench was read tertia vice communi omnium procerum assensu conclusa Sir Christopher Wray Knight Lord Chief Justice of England brought in also a certain Record touching a Writ of Error according to a Bill preferred to her Majesty and Signed with her Highness hand concerning the same Which see at large on Monday the 8 th day of this instant March following For though it was this day brought into the Upper-House yet it is likely it was not there publickly read until the said Monday and therefore it is Entred at large on that day in the Original Journal-Book upon which it was read and not upon this day when it was brought into the House by the Lord Chief Justice as aforesaid On Friday the 5 th day of March Seven Bills of no great moment had each of them one reading of which the second being the Bill for following of Hue and Cry was read tertia vice communi omnium procerum assensu conclusa On Saturday the 6 th day of March Four Bills were brought up to the Lords from the House of Commons of which the last was the Bill for the better and more reverent observing of the Sabbath to which the Lords having formerly added some Amendments had sent it back to the House of Commons where it first passed on Monday the 14 th day of December foregoing And upon this instant Saturday the said Commons sent it back again to the Lords with new Amendments upon their Amendments which said new Amendments of the Commons their Lordships did this Morning pass without further Disputation having read them prima secunda tertia vice Vide concerning this Bill of the Sabbath on Monday the 7 th day Tuesday the 8 th day Wednesday the 9 th day Monday the 14 th day and Saturday the 19 th day of December foregoing As also on Wednesday the third day of this instant March last past and on Saturday the 13 th day of the same Month ensuing In all which days it will appear fully how hardly and difficultly it passed either House And yet at last when it was agreed on by both the said Houses it was dashed by her Majesty at the last day of this Parliament upon that prejudicated and ill followed Principle as may be conjectured that she would suffer nothing to be altered in matter of Religion or Ecclesiastical Government Vide itidem on Thursday the 18 th day of this instant March following Memorandum That whereas Ferdinando Clark one of the Ordinary Gentlemen of the Right Honourable Robert Earl of Leicester Lord Steward was committed to the Prison commonly called the Kings-Bench upon a Reddit se in the Kings-Bench for the discharge of his Sureties since the beginning of this present Parliament the Lords at the Motion of the Lord North in the name of the Lord Steward claiming the ancient priviledge of this High Court after the hearing of the Cause between the said Ferdinando and one John Lacy Citizen of London Ordered that the said Ferdinando by vertue of the priviledge of this High Court should be enlarged and set at liberty And further for as much as the said Ferdinando was not Arrested in Execution at the suit of the said John Lacy but was committed after Judgment by the Lord Chief Justice and the rest of the Justices of the Kings-Bench upon a Reddit se for discharge of his Sureties and their Bonds the said Lords Ordered that touching the sum of money recovered by the said John Lacy against the said Ferdinando Clark should stand to such order and mitigation therein as the said Lord Chief Justice of the Kings-Bench shall set down and order for the same And further Ordered that the appearance of the said Ferdinando Clark by rendring himself into the said Court of Kings-Bench was and should be a sufficient discharge of his Sureties and their Bonds and that the Bonds should be redelivered And it was further Ordered that ..... Catesby Marshal of the Kings-Bench should be discharged of the Prisoner and of any Action that might be brought against the said Marshal for the same On Monday the 8 th day of March to which day the Parliament had been last continued on Saturday foregoing the Record touching a Writ of Error which the Lord Chief Justice had brought into the Upper House on Thursday the 4 th day of this instant March foregoing was Entred in the Original Journal-Book and as it should seem read publickly in the House being in manner and form following Memorandum quod Christopherus Wray Miles Capitalis Justiciarius de Banco Regis secum adduxit in Cameram Parliamenti inter Dominos Breve de errore Billam per Reginam indorsat ' Rotul ' in quibus supponebatur error ibidem reliquit transcriptum totius Recordi cum Clerico Parliamenti simul cum praedicto Breve de Errore in Parliamento Et super hoc venerunt Richardus Harbert Johannes Awbery Willielmus Filian Simon Browne in propriis personis suis in Parliamento statim dixerunt quod in Recordo processu praedictis ac etiam in redditione Judicii praedicti manifestè est erratum in hoc quod posiquam Judicium praedictum in loqkela hac versus praefatum Thomam Gonnel redditum fait antequam praedictus Joh. Hunt hunc prosecutus suit impetravit praedictum primum breve de seire facias versus praefatum Richardum Harbert Johannem Awbery Willielmum Filian Simonem Browne Manucaptores praedicti Thomae Gonnell nullum breve de Cap. ad satisfaciendum pro debito damnis praedictis per praefatum Johannem Hunt in placito praedicto prosecutum returnatum suit versus praefatum Thomam Gonnell ubi per consuetudinem Curiae dictae Dominae Reginae coram ipsa
were indorsed in the upper or higher part of the same which the said M r Treasurer and the rest at this time sent up to the Upper House with the aforesaid three Bills did accordingly impart to their Lordships Vide plus de ista materia on Monday the 21 th day of this instant December following The Bill for Hue and Cry was read the second time during the absence of M r Treasurer and the rest as aforesaid The reading of which Bill being ended M r Treasurer and the residue returning from the Lords brought word that he the said M r Treasurer imparted unto their Lordships the Request of this House for Conference with their Lordships both for the Bill touching the Sabbath de qua Billa vide on Wednesday the 17 th day of March ensuing and also for the Petitions of the griefs of this House unto both which the Lords said they would by and by send their Answer Vide concerning Petitions on Thursday the 25 th day of February ensuing M r Vice-Chamberlain declared unto this House That her Majesty graciously considering the great pains and careful travel of this House in the Service and Affairs of the Realm hath determined upon Monday next to adjourn the Court of Parliament until some other convenient time after Christmas that such Gentlemen and other Members of this House may the more conveniently repair home to their houses in the mean time for their better ease and recreation And so moved further That as before that time of Adjournment being upon Monday next there can nothing of great moment possibly be prepared to passing so he wished that the same short time may be imployed in the speeding of such Bills as are nearest to the passing and mentioned some of those which came unto us from the Lords and that the residue may rest in the same case of furtherance in the mean time as now they are in M r Serjeant Gawdy and M r Doctor Ford did bring from the Lords again the Bill for the restitution in blood of the Lord Thomas Howard amended in the indorsement viz. indorsed under the Bill and the former indorsement above razed out The Bill for restitution in blood of the Lord Thomas Howard was sent up to the Lords by M r Treasurer and others and also the Bill for paving of the Town of Newark upon Trent the Bill for the Town of Caernarvon and the Bill for fraudulent Conveyances all which came from their Lordships before not rightly indorsed were sent up to their Lordships to have the same indorsements reformed and amended as that in the Bill for the Lord Thomas Howard was before amended The Bill for the true answering of the Debts of Edward Fisher was read the first time Vide on Monday the 22. day of February ensuing M r Richard Lewkenor one of the Committees in the Bill to avoid partial Juries and Tryals in the name of himself and the residue of the same Committees brought in the old Bill and also a new Bill praying that the same new Bill may be read accordingly The Bill for reformation of Errours in Fines and Common Recoveries in the twelve Shires of Wales was upon the second reading committed unto M r Sollicitor Sir William Herbert M r Penruddock M r David Williams and others who were appointed to meet upon Thursday next in the Afternoon in Lincolns-Inn-Hall After which the Bill for continuance and explanation of divers Statutes had its second reading M r Serjeant Gawdy and M r Doctor Barkeley did bring from the Lords the Bill touching the Sabhath day with Message from their Lordships that they can find by no Precedent that they can now add any thing at all upon our Conference to their former Additions inserted into the said Bill and do think withal that those things we desire are already provided for in their said Additions as the Bill now standeth and do therefore pray that being so good a Bill as this is they will have care it do not miscarry and so departed Whereupon it was then thought good to reserve the Bill in state as it was till it may be further considered of by view of the Precedents of this House in like cases And Sir Thomas Heneage M r Sollicitor M r Recorder Sir William Moore M r Cromwell and M r Sandes were appointed to search the Precedents of this House for that purpose in the mean time of the next sitting of this Court after the said Adjournment Vide plus de ista materia on Wednesday the 17 th day of February ensuing The Bill for the preservation of Grain was ordered upon the Question to be discontinued and divers others of no great moment as touching Ecclesrastical Livings Maintenance of the Navy and the like were continued until the end of this Adjournment which was now drawing on on Monday next being the 21 th day of December And the Committees appointed for the continuance of them were these following viz. M r Vice-Chamberlain M r Chancellor of the Exchequer Sir Thomas Heneage Sir Thomas Cecil Sir William Moore M r Sollicitor M r Lieutenant of the Tower Sir Richard Knightley M r Francis Hastings Sir Nicholas Woodroofe M r Dannet M r Haymond M r Cromwell M r Owen M r Rawleigh M r Grafton Sir Francis Drake M r Doctor Hammond M r Wolley M r Grice Sir Henry Nevill Sir John Peter Sir William Drury Sir Robert Conestable Sir Robert Germin Sir Henry Cock who were appointed to meet on Thursday after Christmas-day in the Afternoon at two of the Clock at Ely place After M r Vice Chamberlain's late former Speeches delivered unto this House of her Majesties good and grateful acceptation of the earnest and dutiful care and proceedings of this House in providing for the safety of her most Royal Person and of her Highnesses said most loving and favourable regard of adjourning this Court of Parliament for some such convenient time as during which the greater part of the Members of this House may at their pleasure repair home to their dwellings as well for their better recreations and ease as for their further dealing in their own private affairs it was moved by Mr. Speaker That some due form or course of yielding unto her Majesty most humble and dutiful thanks for the same her said Highnesses most honourable and gracious acceptation and consideration in the name and behalf of this whole House in most loyal humble dutiful and obedient manner may be considered of and devised Whereupon after a few Speeches resolved and prayed that the same should and might be done most fitly and conveniently by those honourable Personages Members of this House which are of her Majesties most honourable Privy Council who being then present did very willingly and honourably undertake to execute the same most faithfully and effectually On Monday the 21 th day of December three Bills of no great moment had each of them one reading of which the first being the Bill for the true payment of
the Debts of Edward Fisher Esquire was after the second reading committed to the former Committees who were appointed on Tuesday the 15 th day of this instant December foregoing and Mr. Recorder was added unto them Vide February the 22 th Monday pojlea The second of the said Bills being for Hue and Cry was brought in again by the Committees somewhat amended and the amendments being twice read the Bill with the said amendments was ordered to be ingrossed and the third Bill touching Under-Sheriffs had its first reading Mr. Sollicitor and Mr. Recorder were added to the former Committees for Sir Thomas Lucy's Bill Sir George Cary one of the Committees in the Bill for the good Government of the City of Westminster in the name of himself and the residue of the Committees brought in the Bill with some amendments Mr. Treasurer declared that he and the residue of this House which are of her Majesties Privy-Council did yesterday according to the charge of this House laid upon them recommend unto her Majesty the most humble dutiful and loyal thanks of this House for her Highnesses good nion conceived of this whole House and her loving and thankful acceptation of their Service which as he said her Majesty did take in most loving and good part so did he refer her Highness's further Answer therein to the report of M r Vice-Chamberlain being charged by her Majesty to deliver the same Speeches unto this House from her Highness Whereupon Sir Christopher Hatton Knight her Majesties Vice-Chamberlain standing up did very eloquently and very earnestly set forth her Majesties most Princely gracious and kind acceptation of the humble and most dutiful thankfulness of this House so presented unto her Highness to her right great and high satisfaction joy and comfort and declared withal that her Highness did for the same give most hearty and loving thanks unto this whole House yea and that in redoubling to them their thanks ten thousand thousand fold and so further very excellently amply and aptly shewed both the ready careful and obedient affections of this whole House to the dutiful service of her Majesty and also on the other side her Highness incomparable Princely accompt and regard of all such loyal loving and faithful Subjects and concluded that her Majesties pleasure was that this House should well know that in the consideration of the free course of the Gospel of Jesus Christ amongst us our long continued Peace and plenty of Gods good Blessings and Benefits bestowed upon us under the Ministry of her Highness her Majesty doth most sincerely ascribe all the same only and wholly to the great goodness and mercy of Almighty God attributing the cause of these good effects next under Gods Providence to the good demerits of so religious godly and obedient Subjects of whom how well and kindly her Majesty doth think and conceive her Highness had much rather have told them in her own most Royal Person than have signified it unto them by any other if it might have conveniently been so done as upon the opportunity of a Prorogation or Dissolution of this Court. And further declared that her Majesty having regard to the great charges and expences of their attendance in the service of this great Council of the Realm wisheth them at their next meeting again to bestow the time as much as may be in publick and general Actions fittest for the Common-Weal of this Realm and that with as little loss of time as may be And withal that those of this House towards the Law would join together to do their best endeavours to devise some good Laws to abridge and cut off the long tedious courses and extream chargeable Circuits and superfluous delays of Suits in Law not doubting but that in so doing God will bless their Wealth and good Estates both in themselves and in their Posterity And so having as he thought dutifully imparted unto them the sum and substance of her Majesties Pleasure and Message committed unto this House by him though not in such effectual and singular kind terms and forms as her Princely Wisdom delivered the same unto him and so referring himself to the residue of this House of her Majesties Council then and now present to be put in remembrance by them if he have omitted any part thereof and they affirming he had not he ended his Speech M r Doctor Ford and M r Doctor Barkeley did bring from the Lords the Bills amended in the indorsement which before were sent from this House unto them for that purpose after they had been first sent unto this House from their Lordships Nota That on Saturday the 19 th day of December last past the House of Commons taking exceptions at this last mentioned matter about indorsing of Bills in the upper parts of them whereas it ought to be done at the nether and lower part the Lords did very respectively both then and now take away their said grievance by the alteration of the indorsements aforesaid according to the usual and ancient form Mr. Treasurer touching the Petitions and grievances of this House drawn into some certainty of convenient particularities to be then afterwards moved by them unto the Lords by way of Petition and request unto their Lordships in the name of this whole House to join with this House in the considerations of the said Petitions and grievances and to exhibite unto her Majesty the humble suit of this House in that behalf shewed that he and the residue of the Committees according to the charge of this House unto them have sundry times met together and set down in writing such particular Contents of the said Petitions and griefs as they resolved to impart unto the Lords And further that having moved their Lordships already in the matter they have received Answer that when their Lordships have further considered and conferred thereof amongst themselves they will then send for the said Committees of this House to receive their Lordships Answer therein Vide concerning this business on Thursday the 25 th day of February ensuing Word was brought to Mr. Speaker by the Serjeant of this House that one at the Door was come from the higher House to require that the Committees of this House do presently repair unto their Lordships which done and signified unto this House by Mr. Speaker the said Committees went up presently unto their Lordships accordingly Mr. Sollicitor touching the returns of some Knights returned into this present Parliament and for some doubts and questions arising in this House upon the same and afterwards by this House referred unto him and M r Recorder of London for making of search of the returns of the Writs and Indentures thereof shewed that they can only find the cause of this question to arise upon the Election of Mr. Bevill and Mr. Darrington to be Knights for the County of Huntington which they are the rather confident of because none others attended them or came unto them in this matter but
prayer and thanksgiving accordingly The Master of the Rolls and the Lord Chief Baron did bring word from the Lords that their Lordships do desire present Conference with some of this House in a matter of great importance and that their Lordships have appointed of themselves seventeen Whereupon were Chosen presently thirty four of this House viz. M r Treasurer M r Comptroller M r Chancellor of the Exchequer the Lord Russell Sir Thomas Heneage M r Sollicitor M r Beale M r Wolley Sir Robert Germin Sir John Higham M r Doctor James Sir Richard Knightley Sir George Carey M r Edward Lewkenor Sir Henry Cock Sir William Moore M r Edward Barker M r Branker the Master of the Requests M r George Greenfield Sir Edward Dymock M r Skinner M r Atturney of the Wards Sir William Mallory M r Strickland M r David Williams M r Harris M r Henry Barkley Sir Thomas Shirley M r Robert Bowes M r Recorder of London M r Morrice M r William Knolles M r Faunshaw Sir Drew Drury M r Oughtred M r George Digby and Mr. Cheek who repaired then presently to the Lords accordingly Mr. Yelverton being of the Learned Councel of one of the Creditors of Edward Fisher Esquire and coming into this House for him and also some of the Creditors of the said Edward Fisher being likewise present in this House at the Bar the Bill had in their presence its second reading and further Order was then given that they be here again to Morrow in the Morning at the first sitting of this Court Vide concerning this matter on Monday the 22 th day of February ensuing Three Bills of no great moment had each of them one reading of which the last being the Bill concerning the assurances of Sir Thomas Lucie and others the Proviso of it having been once read had it self the third reading and passed upon the question with the foresaid Proviso The last former Committees returning from the Lords Mr. Chancellor of the Exchequer one of the said Committees declared unto the House that they attended the Lords in the Upper House according to the direction of this House to them in that behalf given and that they found the Lords not to want many of that number which was signified unto this House from them and withal that there were likewise almost as many of the Committees of this House as were by this House appointed for that purpose And that the Lord Treasurer being the chiefest of the Committees of the Lords shewed unto the said Committees of this House that their Lordships of the Upper House being of such quality and calling as they are known to be are one Member of the Parliament And also that the Knights Citizens and Burgesses of this House representing the whole Commons of this Realm are also another Member of the same Parliament and her Majesty the Head And that of these three Estates doth consist the whole Body of the Parliament able to make Laws And that none of the said two Houses without the other can in any wise make Laws And withal that therefore of ancient Courtesie and Custom both the same Houses have used mutual Conference each with other in matters of doubt happening amongst them from time to time in making and establishing of Laws and that yet notwithstanding their Lordships have heard by Speeches abroad not out of this House for they are not to take knowledge of any thing in this House that a Bill to provide remedy against fraudulent Conveyances passed with their Lordships and lately sent down from them to this House was upon a second reading thereof in this House denied to receive a Committee whereof their Lordships do greatly marvail and think it very strange not having known the like course used in this House before especially the Bill being so good and necessary for the Common-Wealth and so specially recommended from their Lordships to this House both at the first sending down thereof to this House and sithence And being as their Lordships are informed upon the reading thereof the first time nothing spoken unto at all and now lately at the second reading thereof argued unto both with the Bill and against the Bill by sundry on both sides learned in the Laws and of good account and discretion otherwise which doth greatly import the Bill very much to deserve Conference without all contradiction And further declaring that the said Bill was very well favoured and liked of her Majesty yea in so much that her Highness used to call it her own Bill that it was framed and drawn by her Highness learned Councel very maturely and advisedly digested in the Upper House with the privity and assistance of the Judges there attending considered of also in a Committee amongst their Lordships themselves and with very great deliberation passed also with them and as before specially recommended unto this House from them moved in Conclusion that this House would have such further consideration for proceeding in some convenient course in the said Bill by Conference or otherwise as may in good discretion seem requisite And not doubting but as their Lordships think many of this House have mistaken and misconceived some part of the said Bill so their Lordships upon Conference had they doubt not will resolve and satisfie them in the same And therefore they desire to be advertised of the Answer of this House therein as soon as may be conveniently Vide de ista materia in die sequenti On Tuesday the 16 th day of February a Motion was made for Mr. Kirles releasment from his Imprisonment and thereupon he was brought into this House and kneeling upon his Knees making very humble submission unto this House and acknowledging his fault alledging it also to have proceeded of ignorance and not of wilfulness and likewise having paid to the Serjeant of this House to M r Stepneth's use three pound six shillings eight pence set down by M r Morrice and M r Sands according to the former Order of this House was discharged paying his Fees after he had first taken the Oath of Supremacy Vide concerning this matter on Wednesday the 10 th day and on Thursday the 11 th day of this instant February foregoing Upon a Motion made by M r Doctor James that a Member of this House yesterday having given great offence unto this whole House in charging this whole House generally with matter of accusation in those things which they do offer and prefer unto this House only by way of Petitions and Motions for redress of certain griefs in dutiful and convenient manner may not so go away with those undecent forms of Speech but be further called to Question for the same M r Atkins was thereupon Licensed by the House to interpret his said Speeches in his place without being Commanded to the Bar who in very humble sort declared his intention was very sorry for his over-sight craved their good opinions and submitted himself to the good satisfaction of this
House Five Bills of no great moment had each of them one reading of which the last being against Moor-burning did upon the third reading pass the House and was with two more of the said Bills and two other Bills formerly passed the one for confirmation of her Majesties Letters Patents granted to the Queens Colledge in Oxford sent up unto the Lords by Mr. Treasurer and others with Commission also given them to attend their Lordships Answer to this House for the Petitions of this House exhibited unto them Mr. Nicholas Hare being one of the Committees in the Bill for repairing and amending of the Sea-Banks and Sea-Works upon the Sea-Coasts in the County of Norfolk brought in the old Bill and also a new Bill which new Bill had its first reading Mr. Treasurer and the residue returning from the Lords Mr. Treasurer declared That according to the appointment of this House they had moved the Lords touching their Lordships Answer to the Petitions of this House and that thereupon their Lordships sequestring the Committees of this House in the outer Chamber did soon after send them word by the Master of the Rolls and the Lord Chief Baron That when their Lordships shall first have received an Answer from this House unto them touching their Motion yesterday of the Consideration of this House to be had touching the Bill against fraudulent Conveyances their Lordships would then make Answer unto this House of the said Petitions and willed further to know the Answer of this House touching the said Bill to morrow in the morning Vide concerning this business on Thursday the 25 th day of this instant February following After the foresaid Speech of Mr. Treasurer Sir Walter Mildmay Chancellor of the Exchequer stood up and having recited the summ of it did further put the House in mind that the Lords did look for Answer touching the said Bill to morrow and therefore advising to consider of it presently shewed for his part his opinion touching the state of the said Bill in sort as it is now to be no further by this House dealt in but one of these two ways to wit either at the next reading thereof being the third time of reading it without any manner of addition or other alteration whatsoever to put it to the question for passing or else leaving it as it now is to begin a new Bill in this House for the purpose of redress against frauds in such manner as this House should think fittest And so after sundry other Speeches and Arguments had in the said matter the time being very far spent it was deferred to be further considered of and spoken to again to morrow Vide touching this business on the day immediately foregoing For that the Warden of the Fleet attending at the door of this House with Edward Fisher Esquire cannot now for lack of time bring in the said Fisher to make his appearance further day was given him to be here again to morrow in the morning Vide concerning this business on Monday the 22 th day of this instant February ensuing On Wednesday the 17 th day of February the Committees in the Bill concerning Staple Fish were appointed to meet in the open Exchequer-Court at two of the Clock this Afternoon The Committees also for Shoomakers and Curriers and Clothiers were appointed to meet in the Middle Temple Hall this Afternoon Mr. Morrice brought in the old Bill against vicious life and idleness and brought in two new Bills made and drawn out of some of the Contents of the old The Committees in the Bill for breadth of Clothes were appointed to meet this Afternoon in the Exchequer-Chamber Three Bills also of no great moment had each of them one reading of which the last being the Bill for the furtherance of Justice was upon the second reading ordered to be ingrossed The Warden of the Fleet brought Edward Fisher Esquire to the Bar and some of the Creditors with Mr. Yelverton being of Counsel with the Creditors the said Edward Fisher was heard at large what he could say against the Bill exhibited to this House for order of payment of his Creditors and at last being sequestred out of the House two several times while the house did consider of sundry his frivolous requests made unto them and of his dilatory devices and shifting answers did at the last give his full and plain consent unto this house as well of his instance and request unto this house mentioned in the Preamble of the said Bill for passing of the same as also any thing this house should think good in their own discretions to add in the said Bill for the passing of the same to authorize the Commissioners to deal also with the Bishop of Coventry and Litchfield for Composition of a Rent-charge of 82 l. 10 s. distrainable upon all the Lands of the said Edward Fisher. The said Warden of the Fleet was then commanded to take away the said Edward Fisher and Mr. Sands and Mr. Morrice were appointed to amend the said Bill in that part against to morrow and the Bill to be ingrossed Vide concerning this matter on Monday the 22 th day of February ensuing On Thursday the 18 th day of February five Bills of no great moment had each of them one reading of which the first being a Bill for preservation of the Bridges in the Town of Redding was read the first time Sir William Moore one of the Committees in the Bill against dying with Sumach brought in the same Bill again as a frivolous Bill utterly unfit to remain in this house Sir Edward Dymock one of the Committees in the Bill for bringing in of Staple Fish Ling and Herings brought in the old Bill and also a new Bill agreed upon and made by the said Committees Mr. Chancellor of the Exchequer taking occasion to put this house in remembrance of some consideration to be had by this house of the Bill to provide remedy against fraudulent Conveyances passed with the Lords and brought from them to this House did the last day saving one treat and debate till the rising of the same House without any resolution therein then had and shewing his own opinion therein divided his Speech into three parts first to consider what this House hath already done touching the said Bill then what this House may do in the same and lastly what is most convenient for this House to do further in the same Shewing that what is done already in the said Bill in this House is this as he taketh it viz. That the Bill first passing the Lords and brought down hither was twice orderly read in this House and upon the second reading thereof was likewise orderly argued unto in this House both against the Bill and with the Bill very gravely and learnedly on both sides for to have the same Bill committed to further consideration which for his part he could well have liked it should have so been yet because this House thought good
Recoveries in the 12. shires of Wales was read the second time The Bill concerning Insufficient Justices Sheriffs c. in Wales was read the first time and committed to the former Committees in the last former Bill and M r Recorder M r Attorney of the Wards and M r Harris were added unto them and the Bill was delivered to M r Attorney who with the rest was appointed to meet this Afternoon in Lincolns-Inn Hall M r Treasurer and the residue returning from the Lords M r Treasurer declared that according to the appointment of this House they have dealt with the Lords both as touching the Bill for the better observation of the Sabbath day and also for their Lordships answer to the Petitions and shewing unto their Lordships that by Warrant of the Precedents of this House this House might very well make additions unto their Lordships additions in the same Bill wherewith as he thought their Lordships seemed somewhat satisfied so touching their Lordships answer to the said Petitions he said That it so much passed his Capacity to conceive and understand all the effect of it as that he would not undertake upon him to make a report of it but would leave it to such other of the said Committees as could both better remember it and deliver it Whereupon M r Chancellor of the Exchequer affirming M r Treasurer his former speech touching their said proceedings for the said Bill of the Sabbath shewed further that as concerning their said motion for their Lordships answer to the said Petitions Their Lordships Sequestring the Committees of this House into the outer Chamber there came shortly after unto them the Lord Treasurer and the Lord Archbishop of Canterbury The said Lord Treasurer declaring first unto them the answer of the Lords to the said Petitions in general and afterwards the said Lord Archbishop shewing the same in particular having a certain note in his hand for his remembrance but uttering much more in his Speech which he said was so long and consisted of so many parts as he thought for his own part he could not sufficiently signifie unto this House And did therefore make a motion that those of the Committees which were also then present thereat might meet this Afternoon in the Exchequer Chamber and helping each other's memory set down the substance and effect of the said answer in all the parts thereof as near as they can and so then afterwards to signifie the same unto this House to morrow Which was thereupon so agreed and resolved accordingly Vide touching these Petitions on Thursday the 25 th day of this instant February following The Bill concerning the Lord Dacres and the Lord Norris was read the third time and thereupon passed the House On Tuesday the 23. day of February Two Bills of no great moment had each of them one reading of which the last being the Bill for the true Answering of Tythes c. had its first reading Upon a Motion begun by Sir Thomas Lucy and continued by Sir Thomas Moore that those of this House which are of her Majesties Privy-Council may in the name of this whole House be humble Suitors unto her Majesty that for as much as that villanous Traitor Parry was a Member of this House in the time of some of his most horrible and traiterous Conspiracies and attempts against her Majesties most Royal Person whom Almighty God long preserve her Majesty would vouchsafe to give Licence to this House for that many of this House are of the Fellowship of the Association to proceed to the devising and making of some Law for his Execution after his Conviction as may be thought fittest for his so extraordinary and most horrible kind of Treason It was resolved that those of this House being of her Majesties most honourable Privy-Council and now present at this Motion to wit Mr. Treasurer and Mr. Vice-Chamberlain shall exhibite the same humble Suit of this House unto her Majesty accordingly at their convenient opportunity A Proviso was added to the Bill for Plymouth-Haven and was twice read and Ordered with the Bill to be ingrossed M r Cromwell was added to the former Committees for Priviledges and touching serving of Process upon the Members of this House and their Servants M r John North Knight for Cambridgeshire was added to the former Committees for reviving of Statutes and the same Bill with the three Provisoes before read were again committed to the same Committees and to the same M r North together with the Bill touching Cables Halters and Ropes Sir Edward Dymock being Sheriff of the County of Lincoln was Licensed by this House to depart into the Country for the service of her Majesty in the charge of his said Office Nota That Sir Edward Dymock here being Sheriff of Lincolnshire was also a Member of the House of Commons and continued in the service of it without interruption or question a great part of this Parliament and now upon the Licence of this House departed into the Country about some necessary occasions concerning his said Office Vide concerning this matter on Friday the 4 th day of December foregoing A like Precedent also there was in Anno 31 Reginae Eliz. on Friday the 21 th day of February Quod vide The Bill for the Jointure of the Countess of Huntingdon was twice read and passed upon the Question The new Bills last passed were sent up to the Lords by M r Treasurer M r Vice-Chamberlain and others with Commission also to put their Lordships in remembrance touching their search for Precedents with the Clerk of the Upper House alledged by the Committees of this House for Warrant of this House in proceeding with the Bill for the better observation of the Sabbath day by additions of this House to be added unto their Lordships former Additions in the same Bill Vide concerning this matter on Thursday the 25 th day of this instant February ensuing It should seem though it be not expresly set down in the Original Journal-Book that the House did this day fall into consultation and consideration of all the dangers which were imminent over the Kingdom of the means to prevent them and of the great expences her Majesty had been at in the defence of her Dominions and Allies fit to be supplied which is set down at the end of this day in manner and form following The open dangers threatned to this Kingdom are from Spain the Pope and the holy League in France the secret from the Jesuits that secretly lurked here to stir up her Majesties Subjects of the Roman Religion to all manner of Treason and Rebellion Both which dangers though the time of them were a while intermitted in respect of the Execution yet the purpose was not which their late Conspiracies and attempts both here and in Ireland did plainly show The means to prevent these dangers were to suppress the spreading of Jesuits and the growing of Popery to exact such Oaths of the Papists as
granted to her Majesty were brought in by Mr. Chancellor of the Exchequer and read in the House and appointed to be delivered by M r Speaker to her Majesties Learned Councel to draw the Bill for the same Sir Francis Knolles Knight Treasurer of her Majesties Houshold declared this day unto the House their Lordships Answer touching the Petition so often before mentioned in which the House of Commons had desired their Lordships to join with them But what these Petitions were is by the negligence of Fulk Onslow Esquire at this time Clerk of the House of Commons wholly omitted not only here but in all other places of this present Journal where they are often before mentioned as may appear by the enumeration of the several days proceeding that concern them at the end of this Animadversion although they might be in part collected out of those fragmentary Answers which are likewise very imperfectly set down which were reported by the foresaid M r Treasurer to have been delivered to the Committees of the House of Commons by the Archbishop of York and are found in the said Original Journal Book it self But in respect the matters contained in the said Petitions were of great weight and well worthy to be left entire to Posterity that so the zealous care of the Commons at this time may not die in silence I have caused them to be transcribed wholly and exactly in this place of this present Journal out of a very good Copy of them I had by me by the help whereof also the Archbishops Answer to all the several Articles or Petitions aforesaid which were in number sixteen may be the better understood But before the inserting of the said Petitions it shall not be amiss to make reference unto the several days on which they were mentioned Vide therefore on Monday the 14 th day on Tuesday the 16 th day and on Monday the 21 th day of December foregoing As also on Monday the 15 th day Tuesday the 16 th Thursday the 18 th and Monday the 22 th and now lastly on this present Thursday the 25 th day of this instant February And now follow the said Petitions out of the foresaid Copy of them I had by me before which was prefixed this Title following The humble Petitions of the Commons of the Lower House of Parliament to be offered to the consideration of the Right Honourable the Lords Spiritual and Temporal of the Higher House 1. WHere by a Statute made the thirteenth of her Majesties Reign it was Enacted That none should be made a Minister unless he be able to Answer and render to the Ordinary an account of his Faith in Latine according to certain Articles set forth in a Synod holden Anno 1562. and mentioned in the said Statute or have special gift and ability to be a Preacher It may please their honourable Lordships to consider whether it were meet to be Ordained that so many as have been taken into the Ministry since the making of this Statute and be not qualified according to the true meaning and intent of the same be within a competent time Suspended from the Ministry and Execution of any Function thereto appertaining unless they shall be found of that ability which the Statute requireth 2. That where in a Synod holden 1575. It was provided that unlearned Ministers heretofore made by any Bishops should not from thenceforth be admitted to any Cure or special Function it may also like their Lordships to advise whether so many as have been since that time admitted contrary to the form of that Article shall be within a competent time removed And that for better Explanation of that Article such be taken for unlearned as be not qualified according to the Statute before-recited and provision made for the due Execution of that Article so declared for ever hereafter 3. Where also in that great and weighty charge which in the Book containing the form of Ordering of Priests established by the Statutes of this Realm is prescribed to be delivered to all such as shall be received into the Ministry they are admonished that they be the Messengers the Watchmen the Pastors and Stewards of the Lord to teach to premonish to feed and to provide for the Lords Family to seek for Christs Sheep that be dispersed abroad and for his Children which be in the midst of this naughty World to be saved through Christ for ever with other remembrances of other sundry weighty parts of their Duties It may like their Honours to consider of some good Order to be given that none hereafter be admitted to the Ministry but such as shall be sufficiently furnished with gifts to perform so high and so earnest a Charge and that none be superficially allowed as persons qualified according to the Statute of the thirteenth of her Majesties Reign before recited but with deliberate Examination of their knowledge and exercise in the Holy Scriptures answerable to the true meaning of that Statute 4. Further That for so much as it is prescribed in the form of Ordering Ministers That the Bishops with the Priests present shall lay their hands severally upon the head of every one that receiveth Order without mention of any certain number of Priests that shall be present and that in a Statute made 21 th of King H. the Eighth is affirmed that a Bishop must occupy six Chaplains at giving of Orders it may be considered whether it may be meet to provide that no Bishop shall Ordain any Minister of the word and Sacraments but with the assistance of six other Ministers at the least and thereto such only be chosen as be of good report for their Life learned continually resiant upon their Benefices with Cure and which do give testimony of their Cure for the Church of God by their diligence in teaching and preaching in their Charge And that the said Ministers do testifie their presence at the admission of such Ministers by Subscription of their hands to some Act Importing the same And further that this admission be had and done publickly and not in any private House or Chappel 5. And where admission of unnecessary multitudes to the Ministry at one time hath been an occasion that the Church at this day is burthened with so great a number of unable Ministers It may like their Lordships to advise whether some provision might be made that none be admitted to be a Minister of the Word and Sacraments but in a benefice having Cure of Souls then vacant in the Diocess of such a Bishop as is to admit him or to some place certain where such Minister to be made is offered to be entertained a preacher or such Graduate as shall be at the time of their admission into the Ministry placed in some Fellowship or Scholarship within the Uniniversities or at the least that trial be made of this Order for such time as to their Honors wisdoms shall be thought convenient 6. That it be likewise considered whether
pleased to think well of himself and the rest of his Brethren now living if not in respect of their places yet for Charity sake and for that some of them were Preachers when many of the House of Commons had been in their Cradles Upon this Relation made by M r Treasurer unto the House of Commons touching their Lordships Answer delivered by the Archbishop of York and the Lord Treasurer to himself and the rest of the Committees touching the foresaid Petitions divers Motions and sundry long Speeches were made in the conclusion whereof it was at last agreed that first the former Committees calling to them such other grave Members of this House learned in Divinity and in the Common Laws of the Realm and also in Canon Law as they shall think good shall confer together in the Exchequer Chamber to Morrow in the Afternoon touching the Answer of the Lords unto this House concerning the Petitions of this House exhibited unto their Lordships and after such Conference and consideration had of the same Answer then to resolve for further proceeding therein as then shall be thought meetest by this House Vide concerning this business on Monday the 14 th day Wednesday the 16 th day and on Monday the 21 th day of December foregoing As also on Monday the 15 th day Tuesday the 16 th Thursday the 18 th and on Monday the 22 th day of this instant February last past M r Wharton one of the Committees in the Bills touching Curriers Shoomakers c. brought in the old Bill and also a new On Friday the 26 th day of February Four Bills of no great moment had each of them one reading of which the second being a new Bill against Idleness and Incontinent Life and for the punishment of Rogues and Vagabonds was upon the second reading committed to the former Committees and M r Grafton M r Doctor Fletcher M r Alford and M r Lewkgnor were added unto them who were appointed to meet to Morrow in the Afternoon at two of the Clock in the Middle-Temple Hall A Bill against unlawful Licences to Marry was upon the first reading committed unto Sir Robert Germin M r Strickland M r Sands M r Greenfield and others and the Bill was delivered to M r Sands who with the rest was appointed to meet to Morrow in the Afternoon in the Middle-Temple Hall The Bill against unlawful Marriages in some cases was upon the second reading committed to the former Committees in the Bill against incontinent life c. and the Bill was delivered to M r Doctor Fletcher M r Beale the Master of the Requests and M r Aldersey were added unto them The Bill for swearing of Bishops and Archbishops was read the second time M r Vice-Chamberlain one of the Committees for framing of a Bill against fraudulent Conveyances shewed that the said Committees had met and travelled therein and drawn a new Bill accordingly and thereupon delivered in the same Bill together with the former old Bill which was sent from the Lords On Saturday the 27 th day of February Four Bill of no great moment had each of them one reading of which the last being a Bill for the maintenance of the Pier and Cobb of Lime-Regis was upon the second reading thereof committed unto M r Vice-Chamberlain M r Fitz James M r Hammon M r Hassard and others and the Bill was delivered to M r Hassard who with the rest was appointed to meet upon Tuesday the second day of March following in the Afternoon in the open Court in the Exchequer The Bill for bringing in of staple Fish and Ling had its second reading A Proviso to the Bill for Barwick upon Trent was twice read and upon the Question it was resolved that both the Bill and the Proviso must not be committed but ingrossed The Bill for Preservation of Plymouth-Haven passed upon the Question after the third reading and was presently sent up to the Lords by M r Treasurer and others with request to their Lordships to know whether their Lordships have sought out their Precedents touching the Bill for the Sabbath day vide on Wednesday the 17 th day of March ensuing Three Bills also of no great moment had each of them one reading of which the last being the Bill for the relief of the Hospital of Eastbridge in Canterbury was read the third time but passed not the House because M r Sollicitor was by them appointed to be added to the former Committees in the Bill and all of them to consider of the Queens Majesties Interest to an Annual Rent of Seven Pound Ten Shillings issuing out of the possessions of the said Hospital that the House being further advertised thereof the Bill may go to the question M r Treasurer and others coming from the Lords he shewed that according to the appointment of this House they have moved their Lordships to know their pleasure touching the search of the Precedents concerning the further proceeding in the Bill for the better observation of the Sabbath day and that the Lord Chancellor answered that the Lords had caused the said Precedents to be searched and do find them true as they were alledged by the Committees of this House saying further that because both the said Precedents are but new and only in her Majesties time their Lordships would have further search of more ancient Precedents and then afterwards their Lordships will make further answer therein unto this House And the said M r Treasurer further then declared that their Lordships desired that a Committee of this House might be appointed to have conference with their Lordships upon Munday next in the Afternoon touching the Bill for the good government of the City of Westminster lately sent from this House to their Lordships Vide concerning this Bill of the Sabbath on Wednesday the 17 th day of March following M r Vice-Chamberlain moved that the Committees for the framing of the Bill for her Majesties safety and those also for the Bill for continuance of Statutes which M r Hammon added unto them may meet this Afternoon in the Exchequer Chamber and those also that are appointed for Conference touching the answer to the Petitions Vide concerning these Petitions on the day immediately foregoing where further references are made to such other days upon which they are handled On Munday the first day of March the House being set though of no great number M r Speaker being absent and the Letany and prayers first said by the Clerk in the House the Clerk afterwards signified unto this House from M r Speaker his present occasion of absence by reason of taking some Physick yesterday whereby he now at this instant kepeth his Bed and is not able without danger of greater peril of extremity to give his attendance in this House at this time And further that he desireth this whole House to bear with his said necessary occasion of absence for this present day well hoping he shall be the better able to
them with his said leud demeanor also avowed to his face before them by two Witnesses the one alledging in this House that he said the Curriers could have no Justice in this House and the other that the Curriers could have no Equity in this House did not nor could not much deny the same Speeches as that there were not fifty persons in the House when the said Shoomakers Bill passed and that the said Tanners Bill was not all read out and that it was Ordered before by the House that the Shoomakers Bill should not be read any more till the Curriers Bill had been first read before And further answered that he had been told so but utterly refused in any wise to shew them who told him so Whereupon the said Bland was brought by the Serjeant to the Bar where being particularly and severally charged by Mr. Speaker and confessing his name to be John Bland and that he was a Currier of London could not much deny the matter he was charged with but in some sort excusing himself and alledging that he had spoke some words to the foresaid effect to some of the Shoomakers and none others and that he was told of some he knew not he said of whom both of the said Order of staying the said Shoomakers Bill from further reading till the Curriers Bill was first read and also of the not through reading of all the whole Tanners Bill and praying this House to be good to him and to forgive him his fault if he said he had offended He was then sequestred the House Whereupon it was afterwards resolved after sundry Motions and Speeches that in respect he was a poor man and had a great charge of Children he should if he would acknowledge his fault and submit himself to the satisfaction of this House be then delivered paying his Fees and that he should pay to the Serjeant therein for his Fee twenty shillings and taking the Oath of Supremacy Which done the said Bland was brought in again to the Bar who kneeling upon his knee and being signified by Mr. Speaker of the pitiful and favourable consideration of this House towards him upon condition of such his submission as aforesaid to be made he then made the same submission accordingly pronounced the said Oath at the Table after the Clerk with his right hand upon the Bible kissed the Book and so then departed Vide concerning this matter on Thursday the 11 th day of this instant March foregoing The Bill for the increase of Pheasants and Partridges had its first reading which being read Mr. Treasurer did thereupon presently disavow and relinquish any authority or ability by the said Bill of giving Licence to any to take any Pheasants or Partridges for the provision of her Majesties House Which done Sir Henry Cock did the like openly in the House in the behalf and by the appointment of the right honourable the Lord Steward The Bill for continuance of Statutes was read the third time and a Proviso touching the times limited for commencing of Suits upon the penalties in the Statutes revived for the increase of Tillage was twice read and upon the question Ordered to be ingrossed and the same Proviso being once read again after the ingrossing thereof the Bill was put to the question and passed accordingly Mr. Serjeant Rodes and Mr. Doctor Barkley brought from the Lords two Bills the one for provision to be made for the safety of her Majesties most Royal Person and continuance of the Realm in Peace with some little amendments And the Bill for the better and more reverend observing of the Sabbath day with Message from their Lordships touching that Bill that as the same Bill upon divers Conferences had between both Houses hath received divers Alterations Additions and Amendments upon Amendments so their Lordships do desire that the said Bill standing in such case of Amendments Additions and other things as now it is in may be fair written again in Parchment and then so further to be Examined by the Committees of both Houses that by the Agreement of both Houses the Record of so good and godly Law may remain fair and perfect and then the Bill to be new passed again in both Houses Which matter being opened to the House by Mr. Speaker after the departure of the said Mr. Serjeant Rodes and Mr. Doctor Barkley the said Motion from the Lords therein was assented unto by this House accordingly and liked well of Vide concerning this matter on Thursday the third day of December foregoing The Amendments in the Bill for provision to be made for the safety of her Majesties most Royal Person and continuance of the Realm in Peace added by the Lords before their late sending down thereof were only these viz. the words foreseeing that were put in for the words so as which said words so newly added by their Lordships were at this time twice read the Bill it self having before passed this House and from hence sent up to the Lords on Wednesday last past being the 10 th day of this instant March and being well allowed by the said House the same were inserted into the same Bill accordingly and presently after were read the third time and so passed upon the question And the said Bill was sent back again to the Lords by Mr. Treasurer and others with four other Bills of no great moment with direction to pray their Lordships that Conference may be had touching the Bill against Jesuits according to the former resolution of this House The Amendments in the Bill for the better imploying of Lands Tenements c. given to the maintenance of High-ways c. and for relief of the Poor and Provisoes added to the same Bill were all twice read and so the Bill and all the Amendments and Provisoes were Ordered to be ingrossed The Amendments and Provisoes added to the Bill touching the Water-Bailiff were twice read and Ordered with the Bill to be ingrossed On Monday the 15 th day of March Three Bills of no great moment had each of them one reading of which the second being the Bill that Marriages may be lawfully solemnized at all seasons of the Year was twice read and Ordered to be ingrossed Mr. Serjeant Rodes and Mr. Doctor Barkley did bring from the Lords three Bills of which one was for establishment of an Award made between the Lord Rich and Sir Thomas Barrington Knight and the third was a Bill for the Inning of Erith and Plumsted Marsh. Nota That these two Bills are not at all mentioned in the Original Journal-Book of the Upper House to have been sent down at this time from the Lords to the House of Commons but only the Bill against Jesuits and it is very probable that they were omitted through the negligence of Anthony Mason Esq at this time Clerk of the Upper House The Bill against abuses in making of Devonshire Kersies was upon the second reading committed unto Sir William Mohun M r Edgcombe
for the Execution of the Statute of the thirteenth of the Queens Majesty for reformation of certain disorders in the Ministers of the Church was read the third time and after many Arguments passed upon the question On Tuesday the 23 th day of March Mr. Attorney of the Wards one of the Committees in the Bill to provide remedy against fraudulent means used to defeat Wardships Liveries and primer seisins brought in the same Bill again which had this day its first reading Mr. Morrice one of the Committees in the Bill for perfecting of Assurances brought in the same And also the Bill against Covenous and fraudulent Conveyances and also a new Bill The Amendments in the Bill touching the taking of Apprentices were twice read and Committeed to the former Committees and to Mr. Williams Mr. Hare Mr. Cromwell Mr. Wroth Mr. Cole and Mr. Prowze and the Bill was delivered to Mr. Wroth who with the rest was appointed to meetu pon Thursday next in the Afternoon in the Middle-Temple Hall M r Vice-Chamberlain one of the Committees in the Bill against defeating of Wardships Liveries and primer Scisins Shewed that the Committees have travailed and for some things by them thought requisite to be amended do think if this House shall so like That some of the same Committees may pray Conference with the Lords therein Whereupon it was agreed that the said former Committees or some convenient number of them may so do And then Four Bills of no great Moment were sent up to the Lords by M r Vice-Chamberlain and others of which the last was the Bill for the Paving of the Town of New-Windsor in the County of Berks. Three Bills of no great moment had each of them one reading of which the first being the Bill for incorporation of the Hospital of Christ in the Town of Sherborn neer Durham was read the third time and passed upon the Question The Amendments in the Bill for disarming of Recusants were twice read and the Bill Ordered to be ingrossed Upon further Arguments and Motions had touching the proceeding in the Bill for the Inning of Erith and Plumstead Marsh it was agreed that M r Smith M r Baptist M r Youngue and Roger James be warned by the Serjeant of this House to be here to morrow Morning that upon some Conference to be had with them by this House the said Bill may the better proceed to the passing On Wednesday the Twenty fourth day of March Four Bills of no great moment had each of them one reading of which the first being the Bill for the true payment of the Debts of Philip Bassett Esquire was upon the second reading Committed unto M r Vice-Chamberlain M r Chancellor Sir Richard Knghtley M r Digby and others and the Bill was delivered to M r Vice-Chamberlain all these to meet to morrow in the Afternoon in the Exchequer Chamber And the second being the Bill for suppressing of Pirates and Piracy was upon the second reading Committed unto M r Treasurer Sir Drew Drewrie Sir Nicholas Woodruff M r Richard Brown M r Docter Fletcher and others who were appointed to meet on Saturday next in the Afternoon in the Exchequer Chamber The Amendments and Additions in the Bill for reformation of Errors in Fines and Common recoveries in the twelve Shires of Wales and Counties Palatine were read Three times and passed accordingly M r Serjeant Rodes and M r Doctor Barkely did bring from the Lords word that their Lordships do presently desire Conference with some of this House touching the Bill for Continuance of Statutes The Bill for the incorporation of the Hospital of Christ in the Town of Sherborn near Durham with two others of no great moment were sent up to the Lords by M r Treasurer and others who were also appointed to attend the Lords in the Conference touching the Bill for continuance of Statutes according to their Lordships requests M r Vice-Chancellor of the Exchequer one of the Committees in the Bill against frauds used in defeating of Wardships Liveries and primer Seisins shewed that they have met and travailed in the same Bill and have thought good to make a new Bill but yet nevertheless not meaning to impeach the old Bill coming from the Lords and that the said new Bill he said he thought was not so sufficiently considered of by the said Committees but that it requireth further consideration amongst them praying notwithstanding a present reading of the said Bill Which was thereupon so read accordingly M r Grafton one of the Committees in the Bill for preservation of Woods near Crambrook in Kent brought in the Bill again Two Bills of no great moment had each of them one reading of which the first being the Bill for the true payment of Tythes was read the Third time and after many long Arguments dashed upon the Question M r Chancellor of the Exchequer returning from the Lords shewed that this morning as he came to this House he found M r Baptist M r Customer Smith and the Sollicitor of Jacob Seal who were all of them agreed to such Conditions of recompence and consideration to be had towards the said Jacob as that the Bill may with their liking be read to the passing whereupon the Amendments ..... same ..... But that which should here follow is through the negligence of the Clerk wholly omitted yet it may seem as may be Collected out of a former passage of this business on Tuesday the 23 d day of this instant March foregoing that this Bill here mentioned by Sir Walter Mildmay Chancellor of the Exchequer was the Bill touching the Inning of Erith and Plumstead Marsh and that the Amendments of the same Bill which had been formerly thrice read on Saturday the 20 th day of this instant March did at this time pass the House M r Treasurer and the residue returning from the Lords M r Treasurer shewed that the cause for which their Lordships desired conference was that in respect of the great experienced benefit grown to increase of the Navy and Mariners of this Realm by the late Law for eating of Fish upon Wednesdays their Lordships wished a Provision to be made for the eating of Fish and no flesh at all hereafter upon the Wednesday in all places of this Realm Twenty five miles distant from the Sea and also in the Cities of London York and Bristol and in all places of this Realm within five miles of the said Cities Whereunto he said as he and the residue could say nothing because they knew not the pleasure of this House therein so he said he thought their Lordships Additions in the Bill passed this House unto the Lords for the good Government of the City of Westminster did seek too much to abridge the Dean of Westminster being the Lord of the said Borough in his Liberty and Jurisdiction of his own House and Servants and of the Prebendaries and other Churchmen and their Servants being all under his own peculiar government And
John Puckering Serjeant at Law their Speaker who being placed at the Rail or Bar at the lower end of the said Upper House did according to the usual form humbly crave her Majesties most Royal Assent to such good Laws as had passed the two Houses Whereupon her Majesty having by her Assent given Life to thirty publick Acts and nineteen private the Parliament was Prorogued unto the 20 th day of May next ensuing and at last after five other Prorogations it was Dissolved upon Wednesday the 15 th day of September Anno 28 Regin Eliz. Anno Domini 1586. THE JOURNAL OF THE House of LORDS An Exact and perfect Journal of the Passages of the Upper House in the Parliament holden at Westminster Anno 28 Reginae Eliz. Anno Domini 1586. which began there on Saturday the 29 th Day of October after two Several Prorogations thereof and then and there continued until it was at length Dissolved on Thursday the 23 th Day of March Anno 29 Reginae ejusdem THE Journal of this Parliament both in respect of the greatness of the matter handled in it being the business of Mary Queen of Scots as also of the many rare Precedents which happened in the Carriage of it the Queens Person being represented and the Lord Chancellors place supplied by others with the Adjournment and re-assembling again of the same somewhat extraordinary is and ought to be esteemed most worthy of observation And it is most plain that this Parliament was at the first beyond the Queens own expectation summoned and afterwards Assembled upon no other cause or ground than the timely and strange discovery of that bloody and merciless Treason Plotted by Babington and others for the violent cutting off her Majesties life of which Mary Queen of Scots had been first by a most Just and Honourable Tryal fully Convicted and afterwards Judicially pronounced to have been in a high nature guilty But yet her Majesty not satisfied with her so just a Tryal and Attainder assembled the Parliament on purpose that so all those former proceedings how just so ever might be further Committed and referred to the impartial examination and final Judgment of the whole Realm And that this great Council of the Kingdom was merely called together at this time about this business is most plain because the last Prorogation of ths former Parliament holden in Anno 27 Regin Eliz. Anno Dom. 1584. was from the 26 th day of April Anno 28 Regin Eliz. Anno Dom. 1586. unto the 14 th day of November then next ensuing But long before the said day the former Conspiracy being discovered about the latter end of July in Anno eodem the former Parliament was dissolved on Wednesday the fourteenth day of September following in the 28 th year of her Majesty And this new one Assembled on Saturday the 29 th day of October immediately after ensuing At which time the Queen came not to the Upper House in Person but was represented by three Commissioners not as her Majesty afterward professed because she feared the Violence of any Assassinte but because she abhorred to be an hearer of so foul and unnatural a conspiracy plotted against her by the Scottish Queen a Kinswoman so near to her Highness Yet by this means her absence doubtless drew on the greater safety and her Loving and Loyal Subjects did the more clearly perceive in how great and unavoidable danger she stood as long as that Queen lived and were therefore doubtless stirred up to consult in this so important a Cause with the greater Zeal and earnestness for the preservation of Religion the Security of her Majesties Life and the safety of these Realms Which matters the Lords of the Upper House did so seriously intend as that in this first meeting in this present Parliament which lasted from the foresaid 29 th day of October being Saturday unto the second day of December next following being Friday it appeareth not in the Original Journal-Book of the Upper House that any one Bill publick or private was read or so much as once treated of This Parliament was summoned to have begun on Saturday the 15 th day of October Anno 28 Regin Eliz. at which said day her Highness for great and weighty causes and Considerations her thereunto especially moving did prolong and adjourn the said Parliament unto Thursday being the 27 th day of the said Month of October by vertue of a Writ under the Great Seal dated the eighth day of this present October whereupon on the said 15 th day of October the Archbishop of Canterbury with divers other Lords and Councellors repaired to the Parliament Chamber commonly called the Upper House and there in presence of divers Lords Spiritual and Temporal the Knights Citizens and Burgesses summoned to the same Parliament did declare her Highnesses pleasure to Prorogue the same Parliament from this first summoned day until the 27 th of the said Month and thereupon the Writ for the said Prorogation was publickly read by the Clerk of the Upper House Upon the said 27 th day of October Sir Thomas Bromley Knight Lord Chancellor of England and divers Lords with a good number of the House of Commons met again in the Parliament Chamber and did again Prorogue this present Parliament after the usual and accustomed form unto the Saturday next following being the 29 th day of this present October On which said 29 th day of October the Parliament held accordingly and the Lords in the Afternoon repaired to the Upper House and there placed themselves according to their several Degrees Upon which the Knights Citizens and Burgesses having notice that the Lords expected their presence repaired to the said House and being let in as many as could conveniently Sir Thomas Bromley the Lord Chancellor declared unto the whole Assembly that her Majesty was so hindred by great and urgent occasions as she could not be present yet had notwithstanding given full Authority to Three Members of the Upper House in her Majesties name and stead to begin the said Parliament Whose names are entred in the Original Journal-Book of this Parliament in manner and form following Regina representata per Commissionarios viz. Archiepiscopum Cantuariensem Dominum Burleigh Thesaurarium Comitem Darbiae Magnum Seneschallum All the Lords then present were these following Archiepiscopus Cantuarien Thomas Bromley Miles Dominus Cancellarius Archiepiscopus Eboracen Dominus Burleigh Dominus Thesaurarius Angliae Comites Comes Oxon Magnus Camerarius Comes Kantiae Comes Darbiae Magnus Seneschallus Comes Wigorn. Comes Rutland Comes Cumberland Comes Sussex Comes Pembrook Comes Hartford Comes Lincoln Vicecomes Mountague Episcopi Episcopus London Episcopus Dunelmen Episcopus Winton Episcopus Bathon Wellen. Episcopus Sarisburien Episcopus Roffen Episcopus Exon. Episcopus Cestren Barones Dominus Howard Admirallus Dominus Aburgavenny Dominus Zouch Dominus Barkley Dominus Morley Dominus Dacres Dominus Cobham Dominus Stafford Dominus Grey de Wilton Dominus Lumley Dominus
well thereof And thereupon made Choice of divers Lords whose names see at large on Thursday the 10 th day of this instant November foregoing And they of the House of Commons appointed their Speaker and all the Privy-Council of that House and so many others as in all with the Privy-Council made up the Number of 42. Persons to join with the said Lords And they altogether understanding first her Majesties pleasure for the time of their repair to her Highness presence which was signified to be on Saturday the 12 th day of November the Lord Chancellor in the name of the Lords and the Speaker in the name of the House of Commons declared unto her Majesty That both the Lords and Commons after often Conferences and long consultation had concluded to be humble Suitors unto her Majesty by way of Petition the effect whereof was then at good length opened unto her Majesty by the Lord Chancellor and Speaker and the Petition thereupon delivered unto her Majesty in writing And where it was before desired by them of the said House of Commons that presently upon the Agreement of the Form of the Petition it might be entered into the Rolls of the Parliament the Lords thought it better to stay the enterance thereof until it were presented unto her Highness which done the Lords ordered that this Friday the 25 th day of November the said Petition should be entered into the Parliament Roll in manner and form following viz. May it please your most Excellent Majesty Our must Gracious Soveraign We your humble loving and faithful Subjects the Lords and Commons in this present Parliament assembled having of long time to our intolerable grief seen by how manifold most dangerous and execrable practices Mary the Daughter and Heir of James the Fifth late King of Scots Dowager of France and commonly called Queen of Scots hath compassed the destruction of your Majesties sacred and most Royal Person in whose safety next under God our chief and only felicity doth consist and thereby not only to bereave us of the sincere and true Religion of Almighty God bringing us and this Noble Crown back again into the Thraldom of the Romish Tyranny but also utterly to ruinate and overthrow the happy State and Common Weal of this most Noble Realm which being from time to time by the great mercy and providence of God and your Highness singular wisdom foreseen and prevented your Majesty of your exceeding great Clemency and Princely Magnanimity hath either most graciously passed over or with singular favour tolerated although often and instantly moved by your most loving and faithful Subjects to the contrary in times of your Parliaments and at many other times and hath also protected and desended the said Scottish Queen from those great dangers which her own people for certain detestable Crimes and offences to her imputed had determined against her All which notwithstanding the same Queen was nothing moved with these and many other your Majesties most gracious favours towards her but rather obdurate in malice and by hope of continual impunity imboldened to prosecute her cruel and mischievous determination by some speedy and violent course and now lately a very dangerous Plot being conceived and set down by Anthony Babington and others That six desperate and wicked persons should undertake that wicked and most horrible enterprize to take away your Majesties Life whom God of his infinite mercy long preserve she did not only give her advice and direction upon every point and all circumstances concerning the same make earnest request to have it performed with all diligence but did also promise assurance of large reward and recompence to the doers thereof which being informed to your Majesty it pleased your Highness upon the earnest Suit of such as tendred the safety of your Royal Person and the good and quiet state of this Realm to direct your Commission under the Great Seal of England to the Lords and others of your Highness Privy-Council and certain other Lords of Parliament of the greatest and most antient Degree with some of your principal Judges to examine hear and determine the same Cause and thereupon to give Sentence or Judgment according to a Statute in that behalf made in the twenty seventh year of your most Gracious Reign By vertue whereof the more part of the same Commissioners being in number thirty six having at sundry times fully heard what was alledged and proved against the said Scottish Queen in her own presence touching the said crimes and offences and what she could say for her defence and excuse therein did after long deliberation give their Sentence and Judgment with one consent that the death and destruction of your Royal Person was imagined and compassed by the said Anthony Babington with the privity of the same Scottish Queen And that she her self did also compass and imagine the death and destruction of your most Royal Person Now for as much as we your Majesties most humble loyal and dutiful Subjects representing unto your most Excellent Majesty the universal State of your whole people of all degrees in this your Realm do well perceive and are fully satisfied that the same Sentence and Judgment is in all things most honourable just and lawful And having carefully and effectually according to our most bounden duties weighed and considered upon what ground and cause so many Traiterous complots and dangerous practices against your most Royal Person and Estate and for the invading of this Realm have for the space of many years past grown and proceeded do certainly find and are undoubtedly perswaded that all the same have been from time to time attempted and practised by and from the Scottish Queen and by her Confederates Ministers and Favourers who conceive an assured hope to atchieve speedily by your Majesties untimely death that which they have long expected and whereof during your Life which God long preserve to our inestimable Comfort they despair to wit to place her the said Scottish Queen in the Imperial and Kingly Seat of this Realm and by her to banish and destroy the Professors and professing of the true Religion of Jesus Christ and the antient Nobility of this Land and to bring this whole State and Common-Weal to Foreign Subjection and utter ruin and confusion which their malicious and traiterous purpose they will never cease to prosecute by all possible means they can so long as they may have their Eyes and Imaginations fixed upon that Lady the only ground of their treasonable hope and conceits and the only Seed-plot of all dangerous and traiterous devices and practices against your Sacred Person And seeing also what insolent boldness is grown in the heart of the same Queen through your Majesties former exceeding favours and Clemencies towards her and thereupon weighing with heavy and sorrowful hearts in what continual peril of such like desperate Conspiracies and practices your Majesties most Royal and Sacred Person and Life more dear unto us than
added viz. vicesimo nono In the fourth and last place the Printed Books of Statutes are likewise mistaken for Christopher Barker at this time Printer to the Queens Majesty who Printed the Statutes of this Parliament at large in Anno 1587. maketh no mention of any Parliament or meeting of Parliament in Anno 28 Regin Eliz. but mentioneth that Book of Statutes in this manner Anno 29 o Regin Eliz. at this present Session of Parliament holden by Prorogation at Westminster the 15 th day of February in the 29 th year of the Raign of our most gracious Soveraign Lady Elizabeth c. Whereas if he had intituled it truly it should have been thus At this present Parliament holden at Westminster the 29 th day of October in the 28 th and 29 th years of the Raign of our most Gracious Soveraign Lady Elizabeth c. M r Poulton also in his Abridgement of Statutes Printed by the Company of Stationers Anno Dom. 1612. setteth down a false Title before the Statutes of this Parliament viz. Statutes made at the Session of Parliament holden by Prorogation at Westminster the 29 th day of October Anno 28 Eliz. and Anno Dom. 1587. c. In which said Title there are these two notorious and gross mistakes The first in that he saith this Parliament was holden by Prorogation whereas the former Parliament held in Anno 27 o Regin Eliz. being dissolved upon the 14 th day of September in Anno 28 Regin ejusdem this Parliament begun and held in the said 28 th and 29 th years of her Majesty was newly Summoned and not held by Prorogation His second mistake is more gross than this in that he allots all these proceedings to the year of our Lord 1587. whereas both meetings did begin and end during the year 1586. reckoning the year to begin upon the 25 th day of March as in all the Journal-Books of Parliaments and the Printed Books of Statutes and all Records and private Instruments it is always observed All which may show how great inconvenience it may bring to take up things upon trust from others without searching out the truth seeing so many men in that which they were best skilled in and had doubtless so industriously travelled in yet should be so grosly mistaken for it is not worth the proof that this was an Adjournment and not a Prorogation seeing it is positively entred in the Original Journal-Book of the Upper House on Friday the second day of December foregoing And likewise when the two Houses did meet again on Wednesday the 15 th day of February following the foresaid Journal-Book beginneth thus Die Mercurii 15 o die Februarii Domini tam Spirituales quà m Temporales quorum nomina subsequntur praesentes fuerunt Whereas if that meeting had been a new Session the Entrance ought to have been thus viz. Die Mercurii 15 o die Februarii in quem diem hoc praesens Parliamentum Prorogatum fuerat Proceres tam Spirituales auà m Temporales c. Or thus viz. In quem diem c. Sessio Parliament Prorogata fuit teneri inchoari apud Westminster die loco praedict Domini tam Spiritual quà m Temporal quorum nomina Subscribuntur praesentes fuerunt c. To which also may lastly be added that no Bill passing the two Houses in the first meeting of this Parliament nay for ought that can be gathered out of the Original Journal-Book of the Upper House no one Bill having so much as any reading there as hath been before observed and so no Royal Assent putting life into any one Law it could not be a Session but a meer meeting which continued from Saturday the 29 th of October unto Friday the second day of December in Annis 28 29. Regin Eliz. Anno Dom. 1586. This doubt being thus fully cleared and the mistakings upon which it grew being likewise discovered the residue of the Journal of this present Parliament upon the second meeting of the two Houses next ensueth On Wednesday the 15 th day of February Anno 29 o Regin Eliz. Anno Dom. 1586. to which day the Parliament had been on Friday the second day of December foregoing last Adjourned The two Houses met in their several places without any presence of the Queen or Solemnity amongst the Lords by coming in their Robes or any other Pomp whatsoever because this was neither new Parliament nor new Session but a meer new meeting of either House upon an Adjournment of the former meeting thereof which began on the 29 th day of October being Saturday in Anno 28 Regin Eliz. as is aforesaid Memorandum that this day Sir Edmund Anderson Knight Lord Chief Justice of the Common-Pleas shewed forth to be publickly read a Commission directed unto him from her Majesty in which appeared that the Lord Chancellor was so visited at this time with sickness that he was not able to travel to the Upper House to supply his room and place there her Majesty minding the said room and place to be supplied in all things during the absence of the said Lord Chancellor hath appointed and authorized the said Sir Edmund Anderson during the absence of the said Lord Chancellor to supply his Room as by the Tenour of the said Commission here ensuing more fully appeareth ELizabeth by the grace of God Queen of England France and Ireland Defender of the Faith c. To our Trusty and right Well-beloved Sir Edmund Anderson Knight Chief Justice of our Court of Common-Pleas Greeting Whereas our Right Trusty and Right Well-beloved Chancellor Sir Thomas Bromley Knight Lord Chancellor of England is at this time so visited with Sickness that he is not able to travel to the Upper-House of this our present Parliament holden at Westminster nor there to supply the room and place in the said Upper-House among the Lords Spiritual and Temporal there Assembled as to the Office of the said Lord Chancellor or Lord Keeper of the Great Seal of England hath been accustomed We minding the same place and room to be supplied in all things as appertaineth for and during every time of his absence have named and appointed you and by these presents do constitute name appoint and Authorize you from day to day and time to time when and as often as the said Lord Chancellor shall happen at any time or times during this present Parliament to be absent from his accustomed place in the said Upper House to occupy use and supply the room and place of the said Lord Chancellor in the Upper House amongst the Lords Spiritual and Temporal there Assembled at every such day and time of his absence And then and there at every such time to do and execute all such things as the said Lord Chancellor of England should or might do if he were there personally present using and supplying the same room Wherefore we Will and Command you the said Sir Edmund Anderson to supply the doing and Execution of the Premisses with
said several Acts and Ordinances by you our said Subjects the Lords and Commons in this our present Parliament Assembled be fully agreed and consented unto and seem very necessary and profitable for the Commonwealth which nevertheless be not of any force or effect in the Law without our Royal Assent given and put to the same Acts and Ordinances and every of them And forasmuch as for divers great and urgent Causes and Considerations We cannot conveniently at this present be personally in our Royal Person in our Higher House of Parliament being the place accustomed to give our Royal Assent unto such Acts and Ordinances as have been agreed upon by our said Subjects the Lords and Commons We have therefore caused these our Letters Patents to have been made and have signed and caused the same to be Sealed accordingly And by the same do declare and notify as well to you the Lords Spiritual and Temporal and the Commons aforesaid as to all and singular other our loving Subjects That we by these Presents do give put our Royal Assent to all and singular the said Acts and Ordinances and to all Articles Clauses and Provisions in them contained and be fully agreed and consented to all and every the said Acts willing that the said Acts and every Article Clause sentence and provision in them contained from henceforth shall be of the same strength force and effect as if we had been personally present in the said Higher House and had openly and publickly in the presence of you all assented to the same Commanding also by these Presents as well our Chancellor of England to seal these our Letters Patents with our great Seal as our Trusty and well-beloved Sir Edmund Anderson Knight our Chief Justice of our Common Pleas to declare and notify this our Royal Assent in our absence in the said Higher House in the presence of you the said Lords Spiritual and Temporal and the Commons of our Parliament 〈◊〉 to be assembled for that purpose and the Clerk of our Parliament to Indorse the said Acts with such Terms and Words in our Name as is requisite and hath been accustomed for the same And also to Inrol these our Letters in the said Parliament Roll and these our Letters Patents shall be to every of them sufficient Warrant in that behalf And finally declare and will that after this our Royal Assent given and passed by these Presents and declared and notified as is aforesaid That then immediately the said Acts and every of them shall be taken accepted and admitted good sufficient and perfect Laws to all intents Constructions and purposes and to be put in due Execution accordingly the Continuance or Dissolution of this our Parliament or any other Use Custom thing or things to the contrary thereof notwithstanding In Witness whereof We have caused those our Letters to be made Patents Witness our self at Westminster the 23 th day of March in the 29 th year of our Reign Per ipsam Reginam Nota That the Clerk of the Parliament having read the said Letters Patents before set down Sir Edmund Anderson Knight Lord Chief Justice of the Common Pleas still supplying the place of Sir Thomas Bromley Knight Lord Chancellor delivered other Letters Patents unto the said Clerk openly to be read whereby eight several Commissioners were nominated and authorized to dissolve the Parliament viz. The Archbishop of Canterbury the Archbishop of York the Earl of Shrewsbury Earl Marshal of England the Earl of Darby Lord Steward the Earl of Kent the Earl of Leicester Master of her Majesties Horse the Lord Howard Lord Admiral of England Lord Hunsdon Lord Chamberlain and the Lord Cobham Lord Warden of the Cinque-Ports For doubtless unless a new Commission had come forth by which these before-named Honourable Personages had been de novo nominated to this purpose the three Commissioners at first appointed in the beginning of this Parliament which see at large upon Saturday the 29 th day of October foregoing might without any other new authority though not have Dissolved the Parliament yet have Prorogued it to a further day as they had formerly Adjourned it upon Friday the second day of December foregoing unto Wednesday the 15 th day of February next ensuing which was for ten weeks space at the least but that former Authority being now at an end by these new Letters Patents the manner of their delivery the removal of the new Commissioners in them nominated and the Commission lastly it self are thus verbatim set down in the Original Journal-Book of the Upper House Postquam verò Clericus Parliament has Literas palà m perlegisset Edmundus Anderson Miles alias etiam Literas Patentes eidem Clerico Parliamenti publicè legendas tradidit atque hîc notandum est omnes Dominos Commissionarios in Literis patentibus nominatos locis suis relictis in medio banco consedisse dum diclae Literae legerentur Earum autem tenor hic sequitur ELizabetha Dei gratiâ Angliae Franciae Hiberniae Regina fidei Defensor c. Reverendissimo in Christo Patri ac Consiliario suo Johanni Cantuarien Archiepiscopo totius Angliae Primati Metropolitano ac Reverendissimo in Christo Patri Edwino Archiepiscopo Eboracen Angliae Primati Metropolitano ac etiam chavissimis Consanguineis Consiliariis suis Georgio Comiti Salop Comiti Marescallo Angliae Henrico Comiti Darbiae magno Seneschallo necnon charissimo Consanguineo Consiliario suo Henrico Comiti Kantiae ac charissimo Consanguineo Consiliario suo Roberto Comiti Leicestr Magistro Equorum suorum ac etiam praedilectis fidelibus Consiliariis suis Carolo Domino Howard magno Admirallo suo Angliae Henrico Domino de Hunsdon Domino Carmerario suo Willielmo Domino Cohham Domino Gardiano quinque Portuum suorum Salutem Cùm nuper pro quibusdam arduis urgentibus negotiis nos statum desensionem Regni nostri Angliae ac Ecclesiae Anglicanae concern praesens hoc Parliamentum nostrum apud Civitatem nostram Westmonasterii decimo quinto die Octobris ultimo praeterito inchoari teneri ordinaverimus in à quo dic idem Parliamentum nostrum usque ad in vicesimum septimum ejusdem mensis Octobris prorogat fuerat eodémque die idem Parliamentum nostrum usque ad in vicesimum nonum diem dicti mensis Octobris prorogat ' fuerat ac ibid ' tunc tent ' continuat ' fuerat usque ad in secundum diem Decembris tunc proximum sequentem Eódémque die idem Parliamentum nostrum usque ad in decimum quintum diem Februarii tunc prox ' sequent ' adjournat ' fuit Eodémque die idem Parliamentum nostrum tunc ibidem tent ' continuat ' fuerat usque ad in vicesimum tertium diem instantis mensis Martii Sciatis tamen certis urgentibus causis considerationibus nos specialiter moven ' idem Parliamentum nostrum hoc instante vicesimo
perfected in some places in matter of form and yet the Titles of the aforesaid three daies are set down in three blank Pages On Monday the 31 th day of October her Majesties Person was again represented by those aforesaid three Lords Commissioners constituted by her Majesties Letters Patents on Saturday the 29 th day of this instant October foregoing These being set in the Upper House with divers other Lords in their Parliamentary Robes the Knights Citizens and Burgesses of the House of Commons had notice thereof and repaired thither with John Puckering Serjeant at Law their Speaker who was according to the usual course presented unto the said Lords Commissioners and by them admitted who answered to these his three Petitions of course made in the name of the House of Commons for liberty of Access for freedom of Speech and freedom from Arrests and Suits and lastly for Pardon for himself that the said House of Commons and himself should enjoy and use all such priviledges and freedoms as had in the like case been enjoyed by any others in the times of her Majesties most noble Progenitors Whereupon the said Knights Citizens and Burgesses with their Speaker departed to their own House Nota That there is not any word of all this presentment of the Speaker in the Original Journal-Book of the House of Commons but only the very Title of the day is thus set down in a blank Page thereof Lunae xxxj Octobris 1586. and the whole matter ensuing by the great negligence of M r Fulk Onslow at this time Clerk of the House of Commons is wholly omitted which also happened in the setting down of the three foregoing days of this Journal upon the two first of which the Parliament had been further Prorogued and upon the third received its beginning in all which the Titles only of the days are set down in the upper part of three several blank Pages as is beforesaid with intention doutless at first to have inserted the passages of each day and therefore it is the more strange that it was never perfected and argueth the greater neglect because the said M r Onslow did live many years in the place of Clerk of the House of Commons after the Dissolution of this Parliament by which means if these foregoing day had not been supplied out of the Original Journal-Book of the Upper House this other Journal of the House of Commons had remained very imperfect and unuseful And yet at the end of the aforesaid blank Page or bottom thereof in which the Title of this present Monday the 31 th day of October is inserted there followeth the reading of one Bill which is usually done after the Knights Citizens and Burgesses of the House of Commons do return from the Upper House with their Speaker newly admitted upon their presentment of him which said Bill read at this time upon their return is entred in manner and form following viz. The Bill touching Inrollments the first reading After the reading of this Bill the House did without all question Adjourn it self unto Thursday the third day of November ensuing although there be no mention thereof in this said Journal-Book of the House of Commons which must as all other defects be imputed to the former neglect And yet this Adjournment may be collected not only by a like Adjournment of the Lords unto Friday the 4 th day of November aforesaid and by other Adjournments very frequent in the House of Commons during this first meeting of the present Parliament but also out of the very Entrance of the said Thursday following which is on the very next Page after the Entrance of the before mentioned Bill which is never used to be done if any other days passages should have intervened between And therefore it would not be amiss now once for all to observe the cause and ground why the House of Commons did so often at this first meeting of this Parliament Adjourn it self contrary to the usual practice both of former and latter times which was no other than the handling of that great and unusual business touching the Scotish Queen and leaving or forbearing to treat of other ordinary matters usual in the House For by this means it happened that the Original Letters and other proofs produced against the said Scotish Queen for the discovery of her being guilty of the Teason plotted by Ballard Babington and others being all first laid open and urged before the Lords in the Upper House and not at large discussed in the House of Commons till they had been derived unto them from the said Upper House by several Committees It was the only means and cause that the said House of Commons did for want of matter and imployment so often Adjourn it self Whereas usually at other times the passing of Bills with the matter of Subsidy and publick grievances being first debated in the said House and from them derived to the Lords their Lordships are often necessitated in the beginning of each Parliament for want of like imployment to Adjourn themselves On Thursday the third day of November to which day the Parliament had been on Monday the 31 th day of October foregoing last adjourned M r Speaker shewed unto the House that he received Commandment from my Lord Chancellor from her Majesty to signifie unto them that her Highness was sorry this House was troubled the last sitting thereof with the matter touching the chusing and returning of the Knights for the County of Norfolk a thing in truth impertinent for this House to deal withal and only belonging to the Charge and Office of the Lord Chancellor from whence the Writs for the same Elections issued out and are thither returnable again And also that her Majesty had appointed the said Lord Chancellor to confer therein with the Judges And so thereupon examining the said Returns and the Sheriff touching the matter and circumstances of his proceedings in the said Elections to set down such course for making the true Return as to Justice and Right shall therein appertain Two Bills had each of them one reading of which the first being the Bill for Orford-Haven had its first reading and the second being the Bill touching Inrollments had its second reading One of the House offering to speak to this Bill M r Vice-Chamberlain stood up and shewed unto this House that having matter of most great importance to deliver unto this House from her Majesty he was so bold with their good favours for this time to interrupt the Speech intended to the said Bill by the Gentleman that offered to speak to the said Bill and so then shewed that her Majesty thinking that all those of this House which were lately in the higher House when the Lord Chancellor declared the cause of her Highnesses summoning of this Parliament could not hear the same and also that many of the Members of this House now here present were not then come up or returned commanded him to deliver unto
said Motion or any other tending to the safety of her Majesties Person may be very well delivered and remembred to the Committees in the great Cause by any member of the House M r Dennis Hollis offereth a Bill to this House in the behalf of the Curriers of London Whereupon M r Speaker put the House in remembrance of her Majesties pleasure before signified unto this house to forbear the making of new Laws and to spend the time in the great Causes for which this Parliament was specially summoned yet because in the mean time of dealing in the said great Cause in Committee or otherwise there should be nothing to occupy the House withal it is thought good at such times to have some Bills read in the House reserving always due regard and place to the said great Cause And thereupon the said Bill was read accordingly The Bill touching the Curriers was read the first time The Bill also for limitation of time touching Writs of Error growing by fraud had its first reading M r Chadley one of the Knights returned for the County of Devon offereth a Bill to this House touching Cloth-making within the said County out of Cities Market Towns and Corporate Towns Whereupon the said Bill was then read accordingly The Bill touching Clothiers in the County of Devon had its first reading Edmund Moore of Shoreditch in the County of Middlesex Tallow-chandler and John Turner of the same Butcher being both of them in the Serjeants Custody for presuming to come into this House sitting the House and being no Members of the same it is upon opinion that they did it of ignorance and meer simplicity and not of any pretended purpose and also upon their humble submission of themselves unto this House and like humble request and Petition of Pardon for the same Agreed by this House that they shall be discharged and set at Liberty taking first the Oath of Supremacy openly in this House which they so then did and afterward departed On Munday the 7 th day of November The Bill touching Fines and Recoveries levied before the Justices of the Common Pleas whereunto any of the said Justices are parties was read the first time Sir William Herbert being returned into this House Knight for the County of Monmouth offereth a Bill into this House for the relief of certain Orphans within the said County of Monmouth and prayeth that the same Bill may be read which was so then read accordingly The Bill for relief of certain Orphans in the County of Monmouth had its first reading M r Bulkely offereth a Bill unto this House touching Clothes made in this Realm to be shipped and transported over the Seas and prayeth the same may be read which was thereupon so done accordingly The Bill touching Clothes made to be transported over the Seas had its first reading Sir Robert Jermin likewise offereth another Bill touching Clothiers and Cloth-making in the Counties of Suffolk and Essex and prayeth the reading thereof which in no wise he would have moved if the House should have been any ways occupied in the great Cause the speedy course and proceeding whereof he most earnestly desireth and prayeth The Bill touching Clothiers and Clothes made in the Counties of Suffolk and Essex was read the first time M r Vice-Chamberlain shewed that the Committees in the great Cause did meet according to the Commission therein of this House unto them and that then also they did appoint another Meeting therein to be this Afternoon and shewed withal That some of the Committees of this House being of the Privy Council do understand that the Lords will not in this great and weighty Cause any way deal or meddle amongst themselves nor in any other matter besides until they shall have first heard therein from this House for Conference to be prayed with them by this House and therefore moved That now whilst their Lordships do yet sit the Privy Council with some few others of this House be presently sent to their Lordships to move for Conference and to know their Lordships pleasure for the time and place of Meeting Whereupon for that purpose it was ordered That all the Privy Council being of this House Sir Henry Gate M r Sollicitor and Sir William Moore should presently repair to their Lordships to the higher House who did so accordingly It should seem that in the mean time after the going up of M r Treasurer and the rest and before their return from the Lords these matters following were handled viz. The Bill touching Orford-Haven was read the second time and thereupon committed unto Sir Robert Jermin Sir John Higham Sir Henry Cobham M r Cromwell M r Layer and all others that were Committees in the same Cause the last Parliament to meet to morrow in the Afternoon in the Middle Temple Hall at three of the Clock After sundry Speeches to the Bill touching Inrollments upon the second reading thereof and being then reserved to convenient time and this present time falling out to be convenient for that purpose it is upon the question both for the committing and ingrossing quite dashed and rejected The Bill touching Curriers had its second reading M r Treasurer and the residue of the Committees being returned from the Lords as it should seem much about the time that the House had finished the disputing and reading of the foresaid Bills he shewed that he and the residue have according to the Appointment of this House moved the Lords for Conference touching the said great Cause which their Lordships did very well like of and have appointed that the former Committees of this House in the said Cause do meet this Afternoon in the Parliament-Chamber with such Committee of their Lordships as their Lordships for that purpose do appoint which he saith he thinketh to be twenty or thereabouts And so thereupon were the Names of the said Committees of this House read and they required to give their Attendances therein at the said time and place accordingly On Tuesday the 8 th day of November M r Doctor Turner shewed unto this House That he is fully perswaded that her Majesties safety cannot be sufficiently provided for by the speedy cutting off of the Queen of Scots unless some good means withal be had for the rooting out of Papistry either by making of some good new Laws for that purpose or else by the good and due Execution of the Laws already in force which as he greatly wisheth and referreth to the grave consideration of this House so concluding in his own Conscience that no Papist can be a good Subject he did offer a Bill to this House containing as he thinketh some convenient form of matter tending to the effect of his Motion and prayeth the same may be read Whereupon M r Speaker finding the Title of the said Bill to purport the Safety of her Majesties Person putteth the House in remembrance that by their own appointment and direction that matter was referred to certain Committees
Mr. Recorder of London making a large and plentiful discourse of the ancient priviledges and liberties of this House furnished with recital of sundry Precedents and examples and lastly coming down to the matter in hand sheweth that Sir Edmund Anderson Knight Lord Chief Justice of the Commons Pleas told him this morning that the said Lord Chancellor and the Judges had resolved that the said first Writ ought to be returned and had so given order to the Sheriff and Clerk of the Crown And that he thereupon answered the said Sir Edmund Anderson again that the censure thereof belonged unto this House and not unto them and that he for his part would take no notice thereof at their hands of their so doing but only by way of instructions and not otherwise And so concluded with the allowance of the good course and order of this House in setting down and entring the said Judgement accordingly as before Mr. Vice-Chamberlain shewed unto the House that according to their appointment he hath been an humble suitor unto her Majesty on the behalf of this House for access there to be had unto her Highness to exhibit their Petition unto her Majesty And that her Majesty thereupon hath very Graciously granted to hear them at the Court upon to morrow next between one and two of the Clock in the Afternoon signifying also unto them further that her Majesty having heard that the Lords do appoint them twenty of themselves of the Higher House to attend her Majesty also for the same purpose so her Highness thinketh meet that forty of this House were likewise appointed for this House which She thinketh to be a sufficient number but is nevertheless well pleased if the House shall think good to send a more or greater Number at their discretions but leaveth the same to their own considerations Which her Majesties most Gracious Favour as the whole House did take it in most joyful and dutiful part So did they then desire the said Mr. Vice-Chamberlain that he would in the name of this whole House present unto her Majesty their most humble and dutiful thanks for the same her Highnesses most gracious clemency and great loving kindness towards them Which so to do the said Mr. Vice-Chamberlain told them he purposed God willing in the Afternoon of this present day And these were appointed by this House to attend upon her Majesty to morrow at the Court as many of the former Committees as would whose names see at large on Friday the 4 th day of this instant November foregoing and also Sir Henry Barkeley Sir William Mohun Sir Edward Dymocke Sir Thomas Jones Sir Henry Bagnell Sir Andrew Nevill Sir Henry Knyvet Mr. Farmer Sir Edward Osborne Mr. Henry Bromley Mr. Ralph Horsey Mr. James Croft and Mr. Tasborough then added unto them which done upon a Motion that for as much as the Knights for the County of Norsolk and the Burgesses for all the Boroughs within the same County saving only the Citizens for the City of Norwich were returned and certified into this House this present day and not before the Petition might therefore be read again in this House in the presence of the same Knights and Burgesses to the intent that they being made privy thereof might also yield their Assents to the same Petition whereby the rather the same being for a matter of so great moment might in very deed be the Action of the whole House then being possessed and consisting of all the Members thereof the same Petition was read by the Clerk and well liked of agreed unto and allowed by the voices of the said Knights and Burgesses upon the question thereof unto them made in that behalf by Mr. Speaker And afterwards Mr. Vice-Chamberlain made a motion that Mr. Speaker be put in remembrance by this House besides the residue of his reasons to be shewed to her Majesty for maintenance of the parts of the said Petition to urge if need be to her Majesty the matter and necessity of the late Instruments of Association respecting especially the Consciences of a great number of her Highnesses good and Loyal subjects which cannot be dispensed with by Laws whereupon request was so made by the House to Mr. Speaker accordingly Mr. Treasurer shewed that yesterday he and others of the Committees in the great Cause presented unto the Lords in the Upper House the Request of this House unto their Lordships to have the said Petition entred and recorded in the Upper House there to remain as an Act. Whereunto their Lordships assented and willed that the same might first be ingrossed in Parchment and so delivered to their Lordships this present Forenoon shewing further That the Clerk of this House then had the same already ingrossed and exact accordingly but that the same could not that day be sent to their Lordships for that their Lordships did not sit this Forenoon and therefore he said it must be delivered at some other time And so then the House did rise and this Court was adjourned till Monday next following Memorandum That in the Afternoon of this present day the said Petition ingrossed was delivered into the hands of the Lord Chancellor by the Appointment of Mr. Speaker and so lest with his Lordship On Saturday the 12 th day of November although the House of Commons sate not any part of the day in their proper place yet in the Afternoon according to her Majesties direction sent unto the House yesterday by Sir Christopher Hatton her Vice-Chamberlain John Puckering Serjeant at Law their Speaker with all the Privy Council and divers other Members of the said House whose Names see before on Friday the 4 th day and on Friday the 11 th day of this instant November last past repaired to her Majesty unto the Court there to joyn with Sir Thomas Bromiey Lord Chancellor and twenty Temporal Lords of the Upper House in presenting a certain Petition which had been agreed upon by both Houses unto her Highness for the speedy Execution of Mary late Queen of Scots according to that just Sentence which had been pronounced against her And to move her Majesty thereunto the said Speaker of the House of Commons did use many excellent and solid reasons which were all found in a certain Memorial written with his own hand being as followeth Unless Execution of this just Sentence be done 1. Your Majesties Person cannot any while be safe 2. The Religion cannot long continue amongst us 3. The most flourishing present State of this Realm must shortly receive a woful Fall 4. And consequently in sparing her your Majesty shall not only give courage and hardiness to the Enemies of God of your Majesties self and of your Kingdom but shall discomfort and daunt with despair the hearts of your loving People and so deservedly provoke the heavy hand and wrath of God And that summarily for the reasons ensuing First forasmuch as concerns the danger of your Majesty Both she and her Favourers think
faithful and loving Subjects an inestimable blessing of God unto her Majesty than in their riches abilities and forces rehearsing this Sentence fide quà m ferro tutiùs regnant Reges He also said that for matter of other affair not of this House he had cause even now very lately to be with the Lords and perceived by some of them that the Lord Chancellor also to Morrow did repair to the Court with twenty others of the Lords at the least And therefore it were very necessary also that M r Speaker also did in like sort go with these of this House And further moved that M r Speaker might be furnished with sufficient reasons to be by himself propounded unto her Majesty in the name of this House for her satisfaction in Answer to the said Message and so not to expect reasons to be objected unto him by her Highness for that he said he knew very well her Majesty looked for these reasons of satisfaction at their hands by way of propounding and not only by way of Answering Whereupon the House did then rise and this Court was Adjourned till Friday next in the Forenoon On Friday the 25 th day of November M r Grice hearing it reported as he shewed that the French Embassadour lately arrived is appointed to have access unto her Majesty to Morrow at the Court and fully perswading himself for his part that the said Embassadour cometh not for any good either to her Majesty or to the Realm and knowing that their manner is in such Cases to be attended for the most part with a Company of Rascals and basest sort of People of their Nation and all the rabble of them accustomed to thrust into the presence of the Prince with their Master moved That for the better safety of her Majesties most Royal Person from peril of any desperate attempt of any of the said French it would please those of this House of her Highness Privy Council to procure that the said Embassador might both be heard and also receive his answer at the hands of her Majesties Council and in no wise to have access unto her Highnesses Person M r Vice-Chamberlain shewed that at the last conference of the Committees of this House with the Lords this matter was remembred and considered of amongst them And that the Lord Chamberlain and others at the Court about her Majesty were already appointed to take order for it accordingly M r Serjeant Gawdie and M r Attorney General do bring word from the Lords That where their Lordships according to some former direction had purposed presently to have sent for this House to have attended their Lordships for Prorogation of this present Parliament their Lordships being set had sithence received Letters of her Majesty by which her Highness signified her pleasure to have the same Parliament yet continued two or three days longer for certain weighty considerations moving her Majesty thereunto whereof their Lordships commanded them to advertise this House and further to signifie unto this House that their Lordships had thereupon Adjourned the said Parliament in their House until Friday next and so then the said M r Serjeant Gawdie and M r Attorney departed Which Message being afterwards declared unto this House by M r Speaker this Court was also adjourned until Friday next in like manner On Friday the 2 d day of December upon a motion this day renewed on the behalf of the Inhabitants of the Borough of Grantham in the County of Lincolne touching a Writ brought against them by Arthur Hall Esquire whereby he demandeth wages of the said Inhabitants for his service done for them in attendance at sundry Parliaments being Elected and returned one of the Burgesses of the said Borough in the same Parliaments for as much as it is alledged that the said Arthur Hall hath been heretofore disabled by this House to be at any time afterwards a Member of this House and also that in some Sessions of the same Parliaments he hath neither been free of the Corporation of the said Borough and in some other also hath not given any attendance in Parliament at all It is ordered that the examination of the state of the Cause be committed to the Right Honourable Sir Walter Mildmay Knight one of her Majesties most Honourable Privy Council Chancellor of her Highnesses Court of Exchequer Sir Ralph Sadler Knight one other of her Majesties most Honourable Privy Council and Chancellor of her Highnesses Dutchy of Lancaster Thomas Cromwell Robart Markham and Robert Wroth Esquires to the end that after due examination thereof by them had if it shall so seem good to them they do thereupon move the Lord Chancellor on the behalf of this House to stay the granting out of any attachment or other Process against the said Inhabitants for the said Wages at the suit of the said Arthur Hall And the said Committees also to signify their proceedings therein to this House at the next sitting thereof accordingly Vide November 21. antea Mar. 22. postea M r Serjeant Gawdie and M r Attorney General do bring word from the Lords that their Lordships do desire that M r Speaker and this whole House do presently repair unto their Lordships into the Higher House Which being then signified unto the House by M r Speaker all the House thereupon repaired thither presently accordingly Prorogued to the 15 th day of February But this Parliament was not at this time Prorogued but only adjourned by the Lords Commissioners appointed upon Saturday the 29 th day of October foregoing and therefore M r Fulk Onslow at this time Clerk of the House of Commons is exceedingly mistaken in this place and M r William Onslow his Kinsman who supplied his place in the next meeting of this Parliament doth likewise erre in setting down the beginning or commencement of the said new meeting upon the foresaid 15 th day of February being Wednesday where he stileth it a Session of Parliament holden by Prorogation whereas it was neither new Parliament nor new Session but a meer new meeting of one and the same Parliament And that these were two new meetings and not two Sessions it is most plain by the very words touching the Adjournment thereof entred in the original Journal-Book of the Upper House in manner and form following viz. On Friday the second of December Commissionarii Reginae adjournaverunt praesens Parliamentum usque in decimum quintum diem Februarii prox Secondly There was not any one Act that did pass at the end of this first meeting which I conceive is an inseparable accident unto every Session of Parliament Thirdly and lastly It is very plain that this Adjournment was of the like nature and upon the like occasion with that in the last Parliament in Anno 27. Reginae Eliz. Anno Domini 1584. viz. because Christmass drawing near the Members of either House might have liberty to recede into their several Countries for the better relief of the Poor and maintenance of
Prorogand Ita quod nec vos nec aliquis vestruin ad dictum duodecimum diem Novembris apud Civitatem praedictam comparere teneamini seu arctemini volumus enim vos quemlibet vestrum erga nos penitus exonerari Mandantes tenore praesentium firmiter injungendo praecipientes vobis cuilibet vestrum omnibus aliis quibus in hac parte intererit quòd ad dictum quartum diem Februarii apud praedictam Civitatem Westmonasterii personaliter compareatis intersitis quilibet vestrum compareat intersit ad tractand faciend agend concludend super hiis quae in dicto Parliamento nostro de communi Concilio dicti regni nostri favente Domino contigerint ordinari In cujus rei testimonium has Literas nostras fieri fecimus Patentes Teste meipsa apud Westmonasterium 15. die Octobris Anno Regni nostri 30. Per ipsam Reginam Ha. Gerrard On Tuesday the 4 th day of February in the 31. year of her Majesties Reign to which day the Parliament had been last Prorogued upon Tuesday the 12 th day of November foregoing and accordingly now held The Queens Majesty was personally present accompanied by the Lord Chancellor and divers of the Lords both Spiritual and Temporal but the Original Journal-Book of the Upper House doth not at all mention the presence of any Lords which happened through the great negligence of M r Anthony Mason at this time Clerk thereof yet it may be collected February 8. The Queen being set under her Cloth of State and the Lords placed in their Parliamentary Robes according to their several ranks and orders the Knights Citizens Barons and Burgesses of the House of Commons had notice thereof and thereupon repaired to the said Upper House and as many of them as conveniently could being let in stood before the Rail or Bar at the nether end thereof Then Sir Christoper Hatton Knight Lord Chancellor of England in a Speech which he used did at large declare the Queens gracious disposition to peace and her great wisdom in preserving the same and singular government of the Realm Next he shewed the great benefit which this Kingdom enjoyed by her government and remembred her great Conquest over the Spanish late wonderful Army or Fleet on the Seas videlicet in Anno 30 Reign Eliz. Anno Domini 1588. He further declared how much the King of Spain remained bent against this Kingdom And lastly shewed the Cause of calling this Parliament to be that by the consent of the most grave and wise Persons now called together out of all parts of the Realm preparation may as far forth by the Counsel of man as is possible be made and provided that Arms Souldiers and Money may be in readiness and an Army prepared and furnished against all Events The Lord Chancellors Speech being ended the Clerk of the Parliament read the names of the Receivors and Triors of Petitions in French according to the usual form which were these Receivors of Petitions for England Ireland Wales and Scotland Sir Christopher Wray Chief Justice Sir Gilbert Gerrard Knight Master of the Rolls Sir Robert Shute one of the Justices of Kings Bench D r Aubrey and D r Ford. Receivors of Petitions for Gascoigne and other Countries beyond the Seas and the Isles Sir Edmond Anderson Chief Justice of the Common Pleas Sir Roger Manwood Chief Baron Francis Windham one of the Justices of the Common Pleas D r Clerk and D r Cary. Tryors of Petitions for England Ireland Wales and Scotland The Archbishop of Canterbury the Earl of Darby the Earl of Worcester the Earl of Sussex the Bishop of London the Bishop of Winchester the Lord Howard of Effingham Lord Admiral Lord Cobham the Lord Grey of Wilton Tryors of Petitions for Gascoigne and for other Countries beyond the Seas and the Islands The Earl of Oxford great Chamberlain of England the Earl of Warwick the Earl of Pembrook the Bishop of Salisbury the Bishop of Lincoln the Bishop of Rochester the Lord Hunsdon Lord Chamberlain to the Queen the Lord Lumley and the Lord Buckhurst As soon as the Clerk of the Parliament had read these names and had likewise ended other things of course belonging unto them viz. That the first Tryors of England c. or any four of them calling unto them the Lord Chancellor and the Lord Treasurer and also the Queens Serjeants should at their leisure meet together in the Chamberlains Chamber and that the last Tryors of Gascoigne c. or any four of them calling unto them the Queens Serjeants the Queens Attorney and Sollicitor should hold their place when their leisure did serve them to meet in the Treasurers Chamber Then the Queen continued the Parliament unto a day to come which is entred in the Original Journal-Book of the Upper House in manner and form following viz. Ipsa Regina continuavit praesens Parliamentum usque in diem Jovis prox ' hora secunda post Meridiem On Wednesday the 5 th day of this instant February although the Upper House sate not yet was one extraordinary Proxy returned or brought in unto the Clerk of the said House as there had formerly been another of a like nature returned on Monday the third day of the said Month foregoing which because it was returned before the Parliament it self began and is entred together with that before mentioned in the beginning of the Original Journal-Book of the said House it shall not be much amiss to set them down both together in this place in such manner and form as they are entred in the said Journal-Book viz. Vacat 3. die Februarii introductae sunt Literae procuratoriae Willielmi Assaphen ' Episcopi in quibus Procuratores suos constituit Johannem Archiepiscopum Cantuar ' Johannem Episcopum Roffen Hugonem Episcopum Bangoren ' Nota That though the word vacat be here placed in the Original Journal-Book of the Upper House in the Margent of this Proxy in such manner and sort as this is transcribed yet there doth not appear any reason thereof for as it may be collected by the presence of the Lords set down on Saturday the 8 th day of this instant February following neither the said Bishop of S t Asaph was present himself after the said Proxy sent nor all nor any of his Proctors absent nor himself dead which are only causes of a Vacat 5 to Die Februarii introductae sunt Literae procuratoriae Johannis Carliolen ' Episcopi in quibus Procuratorem suum constitiuit Johannem Archiepiscopum Cantuarien ' Nota That these Two Proxies are therefore called unusual and extraordinary because these two Bishops did constitute the first of them three Proctors and the last of them but one whereas for the most part the Spiritual Lords do nominate two and the Temporal Lords but one which may be collected in part out of the very Returns of this Parliament for of five Spiritual Lords that sent their Proxies three constituted two
Proctors a piece and of seven Temporal Lords not any nominated more than one It is also worth the observation that the Lord Burleigh the Lord Treasurer had this Parliament four several Proxies sent unto him entred in the Original Journal-Book of the Upper House in such order as they be here set down viz. from the Lord Dacres the Earl of Warwick Viscount Mountacute and the Lord Lumley On Thursday the 6 th day of February to which day the Parliament had been last continued the Queens Majesty was personally present coming unto the said Parliament in her accustomed State and Order about three of the Clock in the Afternoon it being the time appointed for the House of Commons to present their Speaker or Prolocutor whom they had been authorized to chuse on the last Tuesday when the Parliament first began And thereupon accordingly the Queen and Lords being set and the said Knights Citizens and Burgesles of the House of Commons let into the Upper House two of the most eminent Personages of the said House did lead up to the Bar of the Upper House George Snagg Serjeant at Law who was chosen the Speaker or Prolocutor of the said House of Commons who being placed at the said Bar and silence being made did in a modest and discreet Speech disable himself by reason of his many imperfections and humbly desired her Majesty to discharge him of that great place and to nominate some other more able and sufficient Member of the said House Whereupon the Lord Chancellor by commandment from the Queen did let him know that her Majesty did very well allow of his choice and thereupon encouraged him willingly and chearfully to undertake and execute that charge and place to which he had been by the free and unanimous consent of the House of Commons elected and chosen Upon which Speech of the Lord Chancellor the said Speaker according to the usual course and form rendring all humble thankfulness to the Queens Majesty for her undeserved goodness towards him in conceiving him able and worthy for the execution of a place of that great charge and trust and promising his care and readiness with all diligence to undergo the same he did offer up unto her said Majesty divers petitions in the name and on the behalf of the said House of Commons first That during the continuance of this Session themselves and their necessary attendants and servants might be freed from all suits and arrests secondly That they might have free access unto her Majesty upon all urgent and important occasions and thirdly That they might have free liberty of speech in the said House to debate and dispute of such matters and things as shall be there purposed And lastly He petitioned her Majesty in his own behalf that if any thing should be mistaken or unwillingly omitted by himself that she would be graciously pleased to pass by and pardon the same To which speech the Lord Chancellor by commandment from the Queen shortly replied That her Majesty was graciously pleased to grant all his said Petitions and that he the said Speaker and the House of Commons should use and enjoy all such liberties and priviledges as others before them had been accustomed to use and enjoy in the times of her Majesties most noble Progenitors and withal admonishing them not to extend the said priviledges to any unreverent and misbecoming speech or unnecessary accesses to her Majesty Nota That the presence of the Lords is here omitted as it was before upon the first day of this Parliament through the Clerk of the Upper House his great negligence where also the foresaid Presentment of the Speaker is but shortly set down Then followed the continuance of the Parliament which is thus entred in the Original Journal-Book of the Upper House viz. the Lord Chancellor by the Queens Commandment continuavit praesens Parliamentum usque in diem Sabbathi prox ' hora octava On Saturday the 8 th day of February to which day the Parliament had been last continued were present these Lords Spiritual and Temporal following viz. Archiepiscopus Cantuarien ' Episcopus London ' Episcopus Winton ' Episcopus Sarum Episcopus Roffen ' Episcopus Cestren ' Episcopus Coven ' Litchf Episcopus Gloucestren ' Episcopus Lincoln ' Episcopus Petriburgen ' Episcopus Hereford Episcopus Cicestren ' Episcopus Bangor Nota That though the Bishops names are sometimes placed after the Earls and Viscounts as they are commonly in all places where they are made Committees yet in all the Journals of the Upper House where the presence of the Lords is marked they are always thus placed on the dexter side in respect chiefly of the Archbishop of Canterburies place which is before all others next the Prince Christopherus Hatton Miles Cancellarius Angliae Dominus Burleigh Dominus Thesaurarius Angliae Marchio Winton ' Comes Darbiae Magnus Seneschallus Comes Kantii Comes Sussex Comes Huntingdon Comes Bathon Comes Pembroke Comes Hartford Barones Dominus Howard Admirallus Angliae Dominus Hunsdun Camerarius Dominus Audeley Dominus Strange Dominus Cobham Dominus Stafford Dominus Gray de Wilton Dominus Darcie Dominus Sands Dominus Windsor Dominus Cromwell Dominus Wharton Dominus Rich. Dominus Willoughbie Dominus North. Dominus S t John Dominus Buckhurst Dominus Norris Nota That these names of such Lords as were present are supplied here out of the Original Journal Book of the Upper House on the third day of the Parliament because it is the first on which their presence is noted it having been omitted in the two foregoing days by the great negligence of Mr. Anthony Mason at this time Clerk of the said House Two Bills of no great moment had each of them their first reading of which the last was the Bill for the maintenance of Husbandry and for increase of Tillage Dominus Cancellarius continuavit praesens Parliamentum usque in diem Lunae prox ' hora nona On Monday the 10 th day of February to which day the Parliament had been last continued were four Bills read whereof the last being a Bill concerning Captains and Souldiers was read secunda vice commissa Domino Thesaurario Marchioni Winton ' the Earl of Oxford the Earl of Shrewsbury Lord Steward the Earl of Kent the Earl of Cumberland the Earl of Sussex the Earl of Essex the Bishop of Winchester the Bishop of Coven ' and Litchf the Bishop of the Lord Admiral the Lord Chamberlain the Lord Audley the Lord Strange the Lord Cobham the Lord Grey the Lord Wentworth the Lord Cromwell the Lord North the Lord Buckhurst and the Lord Norris Serjeant Puckering and Mr. Attorney Nota That here were Attendants of the Upper House and no Members of it are made joint Committees with the Lords which is very usually done in the Parliaments foregoing in the Reign of this Queen where also the Judges being but meer Assistants of the said House are often nominated Committees also Whereas in the two last Parliaments of
Apparel was read secunda vice commissa uni Comiti 4 Baronibus On Saturday the first day of March to which day the Parliament had been last continued on Thursday foregoing two Bills of no great moment had each of them one reading of which the first being a Bill for Writs upon Proclamations and Exigents to be currant within the County Palatine of Durham was read tertia vice conclusa This Forenoon also the Lords Committees returned the Bill for the having of Horses Armour and Weapons signifying that they could get no meeting but of so small a number as their Lordships would not deal in so that the whole House presently proceeded to the Question whether it should be ingrossed or no upon which question asked the Lords with one consent agreed that it should be ingrossed On Monday the 3 d day of March to which day the Parliament had been last continued two Bills of no great moment had each of them one reading of which one of them was concerning the Sale of Thomas Hanfords Lands towards the payment of his Debts and another had been this Morning sent up to the Lords from the House of Commons These Bills being sent up to the Lords by Sir Francis Knowles Knight Treasurer of her Majestics Houshold and other Members of the House of Commons they had also Order to desire of their Lordships in the name of the said House that Mr. Sollicitor being returned a Member thereof might be suffered to come thither and give his attendance in the same To which desire of theirs their Lordships a little after sent down word by Mr. Serjeant Puckering and Mr. Attorney General to the said House that the said Mr. Sollicitor was called by her Majesties Writ to serve in the Upper House long before he was chosen a Member of the said House of Commons and therefore thought it very fitting he should still continue his attendance in the said Upper House Nota That there is no mention made in the Original Journal-Book of the Upper House of this Question touching the Attendance of the Queens Sollicitor but it was supplied out of the Original Journal-Book of the House of Commons fol. 242. a. On Tuesday the 4 th day of March Two Bills of no great moment had each of them one reading whereof the latter being a Bill for the sale of Thomas Hanfords Lands c. was read secunda vice Whereupon the Lords Ordered that as well the said Thomas Hanford as those that followed the Bill should be warned to be before them with their learned Councel at the next sitting of the Court which shall be on Thursday next at nine of the Clock Two Bills also of no great moment were this Forenoon sent up to the Lords from the House of Commons of which the first was the Bill for the better recovery of such costs and damages as shall be adjudged to any person against common Informers On Thursday the 6 th day of March to which day the Parliament had been last continued on Tuesday foregoing the amendments of the Bill for the maintenance of Husbandry and Tillage were read prima secunda vice commissae ad ingrossand One Bill concerning the preservation of Orford-Haven was brought up to the Lords from the House of Commons Three Bills also of no great moment had each of them one reading of which the first being a Bill to avoid abuses in chusing of Fellows and Scholars was read prima vice On Saturday the 8 th day of March to which day the Parliament had been last continued on Thursday foregoing Three Bills of no great moment had each of them one reading of which the first being a Bill for the maintenance of Husbandry and Tillage was read tertia vice conclusa M r Serjeant Shuttleworth and M r Doctor Awbery were sent down from their Lordships to the House of Commons with two Bills of which the first was the Bill for maintenance of Houses of Husbandry and Tillage and the second for reformation of excess in Apparel both which said Bills had been passed by their Lordships this Morning upon the third reading Nota That the sending down of these two Bills is wholly omitted in the Original Journal-Book of the Upper House through the great negligence of the Clerk of the said House and is therefore supplied out of the Original Journal-Book of the House of Commons fol. 245. b. On Monday the 10 th day of March to which day the Parliament had been last continued on Saturday foregoing four Bills of no great moment had each of them one reading of which the last being a Bill for an assurance to be made of the Jointure of Anne Wife of Henry Nevill Esquire was read secunda tertia vice communi omnium Procerum assensu conclusa Memorandum That before the third reading and passing of the Bill for the Jointure of the Wife of Henry Nevill by which all former Conveyances made by the said Henry Nevill of the Mannors of Waighfield and Wadhurst c. in the County of Sussex were made frustrate and void The Lords Ordered that the said former Conveyances should by the Parties to the same be brought into this House and delivered to the Clerk of the Parliament sealed up to the end that if it shall please her Majesty to give her Royal Assent That then the said Indentures and Conveyances should be forthwith cancelled but if it shall not please her Majesty to give her Royal Assent Then the said Indenture and Conveyances should be safely re-delivered to the said parties unseen of any and uncancelled And to this all the parties agreed as well before the Lords the Committees as before the whole House Memorandum That according to the said Order the Deeds mentioned were cancelled the 12 th day of May Anno Regni Eliz. 31. The Bill against Pluralities and Non-residence was this day brought up to their Lordships from the House of Commons Nota That the bringing up of this Bill to their Lordships being omitted in the Original Journal-Book of the Upper House is supplied out of that of the House of Commons fol. 246. a. On Tuesday the 11 th day of March The Bill against erecting and maintaining of Cottages was read tertiâ vice Two Bills also of rio great moment were brought up to the Lords from the House of Commons of which the first was a Bill of four Fifteens and Tenths and two entire Subsidies granted by the Temporalty The Bill for the assurance to be made of the Jointure of Ann the wife of Henry Nevill Esq which had been sent up to their Lordships from the House of Commons with another Bill against Informers on Tuesday the 4 th day of this instant March foregoing was this day sent down again to the said House with some amendments by Doctor Aubery and Doctor Cary. Nota That the sending down of this Bill from their Lordships to the House of Commons is by the negligence of M r Anthony Mason at this
accordingly M r Serjeant Puckering and M r Attorney General do bring word from the Lords touching the Motion made of this House in that behalf for M r Sollicitor his Attendance to be given in the service of this House being a Member of the same That their Lordships having had consideration of the said Motion of this House in that behalf are of opinion that the said M r Sollicitor is to continue his Attendance in the Upper House of Parliament and not in this House for that he was called by her Majesties Writ to serve and attend in the said Upper House of Parliament long before he was Elected or Returned a Member into this and also that the said M r Sollicitor by force of her Majesties said Writ had served in the said Upper House since the beginning of this said Session now already almost by the space of one whole Month. On Tuesday the 4 th day of March the Amendments in the Bill touching Writs of Covenant c. and a Proviso added were both twice read and upon the question Ordered to be ingrossed M r Grafion one of the Committees in the Bill for repealing of certain Statutes delivered in the Bill with some Additions and shewed the reasons and also delivered in both the Bill and the Additions Two Bills did each of them pass upon the third reading of which the first was against Common Informers and the second for the assurance of the Jointure of Anne the Wife of Henry Nevill Esquire in which there were several Amendments inserted All which Amendments being thrice read in the end after some Speeches had the Bill was palled upon the question which said Bill with another were sent up to the Lords by Mr. Vice-Chamberlain and others The Master of the Wardrobe one of the Committees touching Conference and search of Precedents for resolution to be had upon the Message of her Majesty delivered unto this House by a Committee of the Lords concerning the passing of the Bills against the abuses of Purveyors and Process and Pleadings in the Exchequer sheweth that they have met and travailed in the said Commitment and so reciting some particularities of their proceedings doth refer the residue of the report thereof unto Mr. Cook one other of the said Committees who likewise setting down at large the whole travail of their search and Conference concludeth their resolution to be if the House shall so think good that in most humble and dutiful wise this House by their own Mouth Mr. Speaker do exhibite unto her Majesty the causes and reasons moving this House to proceed in the two said Bills in such sort as they had done which course after sundry other Speeches was thought fittest by this House to be prosecuted and best to stand with the Liberties and the honor of this House and resolved further that this their resolution might be imparted unto the Lords that with their Lordships good favours this House meant so to do And it was thereupon then also further thought good and prayed by this House that Mr. Vice-Chamberlain being a Member of this House would be pleased at the humble Petition of this House unto her Majesty to know her Majesties most gracious pleasure what number of this House her Majesty would vouchsafe to attend upon her Highness with Mr. Speaker and at what time Which resolution of the House touching their said course in proceeding in shewing unto her Majesty the causes and reasons of their dealings in the said Bills against the abuses of Purveyors and Process and Pleadings in the Exchequer in such sort as they have done was committed unto Mr. Vice-Chamberlain and such others of the House as were sent up with the two last mentioned Bills to the Upper House to signisie their said resolution at the same time unto their Lordships After which the Bill touching the gaging of Casks and other Vessels c. having been read the second time and committed unto Mr. Treasurer Mr. Wroth Mr. Alford and others Mr. Vice-Chamberlain and the rest returning from the Lords he shewed that according to the Commission of this House they had delivered the Message of this House unto those of the Committees of the Lords from whom the Committees of this House had before received this Message from her Majesty shewing them that this House by their Lordships good favours had determined to become Suitors to her Majesty to render unto her Highness the causes and reasons of their Proceedings in the said two Bills by the Mouth of Mr. Speaker And that thereupon he said they were then to hear but not to Answer And that afterwards this House should hear further from their Lordships Vide concerning these matters on Saturday the 15 th day on Monday the 17 th day and on Thursday the 27 th day of February foregoing as also on Thursday the 6 th day Saturday the 8 th day Monday the 17 th day of this instant March On Wednesday the 5 th day of March the Bill concerning Richard Southwell had its first reading Mr. Treasurer one of the Committees in the Bill against Pluralities and Non-Residents appointed on Saturday the first day of this instant March foregoing shewed the meeting and proceeding of the said Committees brought in the old Bill and also a new Bill shewing the reasons of making the same new Bill and doth in the names of all the said Committees pray a present reading of the same new Bill Whereupon the same was then read accordingly for the first reading Which done upon a Motion by sundry of this House for a second reading presently Mr. Treasurer shewed unto the House that all the residue of the said Committees likewise willed him in the name of them all to move this House for a second reading of the same Bill Whereupon the said Bill was read the second time and Ordered to be ingrossed The Bill for the maintenance of the Pier of Dover was read the second time and after sundry Speeches committed unto all the Privy Council being of this House Mr. Mills Mr. Alford Sir Edward Hobby and others who were appointed to meet to Morrow at two of the Clock in the Afternoon in the Exchequer Chamber The Bill against Forestallers Regrators and Ingrossers was read the first time and upon further Motion read again for the second reading and upon the division of the House after the question it was upon another question after the same division with the yielding of the negative Voices Ordered to be committed unto all the Privy Council being of this House Mr. John Hare Mr. George Moor Sir William Moor Mr. Grimston Mr. Cromwell and others who were appointed to meet on Friday next in the Exchequer Chamber at two of the Clock in the Afternoon Sir Thomas Throckmorton Knight one of the Knights returned into this present Parliament for the County of Gloucester having lain sick here in London is licensed to repair into the Country to his own House for recovery of his health On Thursday the 6
th day of March Three Bills of no great moment had each of them one reading of which the second being the Bill touching Cordwayners and the third concerning Curriors were both of them upon the second reading committed unto Mr. Alford Sir William Moor Mr. Grafton Mr. Thomas Knyvet and others who were appointed to meet upon Saturday next at two of the Clock in the Afternoon in the Guildhall M r Treasurer one of the Committees in the Bill touching Mortmain bringeth in the Bill with Amendments and in the name of himself and the residue of the Committees prayeth the present two readings of the same Amendments and thereupon the same Amendments were twice read accordingly M r Doctor Awberry and M r Doctor Cary do bring word from the Lords that their Lordships desire that the Committee of this House which was with their Lordships the last day might now be sent to their Lordships for that now their Lordships have charge from her Majesty to make them Answer And thereupon the names of the Committees being read they were then presently sent to the Lords and the Bill for maintenance of the Haven of Orford was then also sent up to their Lordships by M r Vice-Chamberlain and the residue of the said Committees Whereupon M r Treasurer one of the Committees in the Bill touching the gaging of Casks c. having shewed their meeting about the same yesterday and moved for another time of Conference about the same and that being appointed upon Saturday next being the 8 th day of this present March in the Guildhall at two of the Clock in the Afternoon It was Ordered that the Brewers and such others as shall think good may then and there be heard before the said Committees what they can say After which M r Vice-Chamberlain with the residue of the Committees being returned from the Lords do shew that her Majesties gracious pleasure is that this House according to their Suits and Petitions have access to her Majesty at the Court between two and three of the Clock in the Afternoon of this present day by their Speaker accompanied only with ten more of this House besides himself and two of the same ten to be of her Majesties Privy Council being Members of the same House And thereupon were appointed for that purpose M r Vice-Chamberlain Sir John Parrot Sir William Moor Sir George Cary Sir Henry Cobham Mr. Morrice Mr. Cook Mr. Francis Hastings Sir Richard Knightley Sir Henry Grey with further Order of this House that Mr. Speaker do in his Speech to her Majesty make most humble Petition and Suit to her Highness in the name of the whole House that her Majesty would vouchsafe her most gracious favour to the allowanee of the said Bills touching the abuses of Purveyors and the Process and long Pleading in the Exchequer lately passed this House and sent up to the Lords and that this House would willingly and most gladly have taken in the passing of the same Bills any such other course whatsoever as they might have any way known to have stood with her Highness good liking and pleasure Vide concerning these matters on Saturday the 15 th day on Monday the 17 th day and on Thursday the 27 th day of February foregoing as also on Tuesday the 4 th day of this instant March last past and on Saturday the 8 th day and on Monday the 17 th day Tuesday the 18 th day Thursday the 20 th day On Friday the 7 th day of March Four Bills of no great moment had each of them one reading of which the third being the Bill for relief of Thomas Haselrigg Esquire was read the first time And thereupon it was Ordered upon a Motion that Mr. Thomas Drury Gentleman should come into this House and be heard Who thereupon was brought in and heard accordingly Vide concerning this matter on Friday the 21 th day of February foregoing and on Tuesday the 18 th day and on Wednesday the 19 th day of this instant March ensuing as also on Friday the 21 th of the same Month. The Amendments in the Bill touching the Free Grammar School of Tunbridge in the County of Kent were twice read And Andrew Fisher Gentleman after the reading of the said Amendments being brought into the House did presently give his assent unto the said Bill And then the Bill upon the Question was Ordered to be ingrossed M r Vice-Chamberlain after many and long Arguments made to the said Bill both with and also against the same not only wisheth a deferring of further Argument therein at large until to Morrow but also sheweth that Mr. Speaker and those others that were appointed by this House to have access unto her Majesty yesterday in the Afternoon are to attend and wait upon her Highness this present day in the Afternoon at the Court after the Sermon for that her Majesty having been abroad yesterday in the Air had taken a little cold and therefore could not yesterday give them audience Which done M r Morrice offering to speak to the said Bill is referred therein till to Morrow The Bill against Forestalling Regrating and Ingrossing committed on Wednesday the 5 th day of this instant March foregoing is this day delivered unto Sir George Barne one of the Committees in the said Bill On Saturday the 8 th day of March Mr. Speaker shewed unto this House that he and those others of this House who were appointed to attend upon her Majesty had access unto her Highness yesterday in the Afternoon And that they received from her Majesty most comfortable and gracious Speeches in far better sort and measure than he was any way able to repeat or open unto them of her Highness great and inestimable loving care towards her loving Subjects yea more than of her own self or than any of them have of themselves And as to the parts of the present humble Petition of this House unto her Highness in the grievances by the Purveyers and in the Court of Exchequer It pleased her Majesty to tell them that for the one to wit the abuses of Purveyers her Highness of her own Princely care towards her Subjects had given order unto the late Lord Steward to address his Letters unto all the Shires of this Realm for the due inquiry and Certificate of the misdemeanors of Purveyors in all places for some courses thereupon to be had for convenient redress in the same And that before any Order could well be taken for accomplishing that good intended effect the Spaniards upon a suddain attempted the invasion of this Realm by reason whereof her Majesty said the said purpose was not performed And so shewing further that her Majesty having as much skill will and power to rule and govern her own Household as any Subject howsoever to rule and govern them without the help or aid of their Neighbours so her Majesty minding very carefully of her own more great love and affection towards her dutiful and loving
the 4 th day Thursday the 6 th day Saturday the 8 th day of this instant March preceding touching Purveyors and some exacted Fees in the Exchequer which the rather may be gathered because it should seem the House did presently upon this Message appoint the Committees in either Bill a time for their meeting to consider of them accordingly And yet this also is set down in the said Journal-Book very imperfectly in these words only following viz. for the Purveyors this Afternoon and for the Exchequer to Morrow in the Afternoon After many Speeches touching the present state of the Paper-Book of the Bill for relief of Thomas Haselrigg Esquire being altered in some parts differing from the ingrossed Bill in Parchment since the ingrossing of the same Bill It is upon the question Ordered that the said Paper-Book shall be by the Clerk of this House reformed again in all parts of the same agreeably to the said ingrossed Bill And that thereupon the said ingrossed Bill should be then read accordingly which was so thereupon read for the third reading And upon the question in the 4 th line these words one well experimented in slights and deceits as is supposed were put out and these words were put in the 5 th line after the word further and these words or his Heirs in the six and twentieth line after this word Haselrigg in the same line which amendments being three times read and the Bill passed upon the question the same Bill was thereupon delivered to Sir Edward Hobby to be by him carried to M r Treasurer and those others who were but lately before gone up to the Lords with five other Bills To the end they might then also deliver that Bill likewise to the Lords with those others of which one being the principal was for the assurance of certain Lands and Tenements to the maintenance of the free Grammar School of Tunbridge in the County of Kent M r Serjeant Puckering and M r Attorney General coming from the Lords the said Mr. Serjeant brought a Bill from the Lords for Confirmation of a Subsidy granted by the Clergy with an Instrument of the same under Seal and a Bill touching Horses Armour and weapons with very special commendation of the same Bills as things of very great importance And the said Mr. Attorney brought again from the Lords the Bill for the relief of Thomas Haselrigg Esquire this present day passed in this House and afterwards sent up to their Lordships but as he said brought up but with four or five Members of this House in sort not erst accustomed whereof as their Lordships did much marvel so did they return the same Bill back unto this House again not any way misliking of the Bill at all but that it might by further consideration of this House be sent up again when this House should think good with a greater number of the Members of this House after their accustomed manner whereby their Lordships might think the Bill had passed this House with good and full liking of the same And said further that their Lordships commanded him to desire Mr. Speaker to put this House in remembrance for the speedy proceeding of this House in the Bills sent from their Lordships unto this House and some of them specially recommended from their Lordships to this House whereof the said Lords did name five viz. one concerning Captains and Souldiers another touching excess of Apparel a third touching Houses of Husbandry and Tillage a fourth against Horse-stealing and the fifth against the erecting and maintenance of Cottages as very necessary Laws for the Common-wealth And that therefore their Lordships do eftsoons desire the said Bills may with all convenient speed be considered of and expedited especially for that it is very like that this Parliament draweth near unto an end Which being reported unto the House by Mr. Speaker the said Bill for Haselrigg was presently sent to the Lords by the Master of the Wardrobe and a convenient number of others Two Bills lastly of no great moment had each of them one reading of which the second being the Bill to avoid Horse-stealing was read the second time On Tuesday the 18 th day of March the Bill for Repeal of certain Statutes was brought in again without any report by M r Harris one of the Committees Four Bills upon the third reading having passed this House were sent up to the Lords by M r Treasurer and others of which two of them were one touching forcible Entries and the other concerning pleading at large in an Ejectione firmae Two Bills also had each of them their third reading of which the second was the Bill for the relief of the Curriours and after some amendments added unto it being likewise read three times the Bill was upon the question and the division of the House dashed by the difference of thirty voices viz. with the Yea ninety and with the No one hundred and twenty Mr. Treasurer one of the Committees in the Bill against strangers Retaylers of foreign Wares appointed on Wednesday the 12 th day of this instant March foregoing brought in the Bill again with some amendments which were not then read After divers Motions it is ordered upon the question That the Serjeant of this House do bring in Thomas Drury Gentleman into this House to Morrow at ten of the Clock in the Forenoon to answer unto those things which he shall be charged with as well on the behalf of this whole House as of some particular Member of the same Vide concerning this business on Friday the 21 th day of February foregoing and on Friday the 7 th day of this instant March last past as also upon Wednesday the 19 th day of the same March ensuing Mr. Doctor Clark and Mr. Doctor Cary do bring from the Lords two Bills of which the last was that Children of Aliens shall pay strangers Customes And a little after the foresaid Doctors did bring word from the Lords that their Lordships do desire Conference to Morrow at eight of the Clock in the morning with those of this House which were committed in the Bill that lately passed in this House for the true payment of the Debts of Thomas Hanford for that their Lordships having sent for the said Hanford to his House and not finding him there left peremptory Order for his repair to their Lordships at a day already past and wherein he hath failed of his appearance before them and shew further that their Lordships have appointed six of themselves for that Conference to wit two Earls two Barons and two Bishops and thereupon M r Cromwell M r Markham M r Recorder of London M r Faunsham M r Osborn and M r Francis Hastings were added to the former Committees and to attend upon the said Committees of the Lords to Morrow at eight of the Clock in the Forenoon according to the said appointment of their Lordships The Bill against Erecting and Maintenance of Cottages was
upon the second reading committed unto Mr. Vice-Chamberlain Sir Henry Knyvet Mr. Wroth and others and the Bill was delivered to Mr. Vice-Chamberlain who with the rest was appointed to meet to Morrow in the Afternoon at two of the Clock in the Exchequer Chamber The Bill for relief of the City of Lincoln was brought in by Mr. Vice-Chamberlain one of the Committees in the same who shewed that they have met and conferred upon the same Bill and have amended it in four parts thereof and sheweth wherein leaving the same to the further proceeding of this House in the expediting thereof Mr. Vice-Chamberlain shewed that he and divers others of the Committees of this House met yesterday in Conference about the matter touching abuses of Purveyors and received all such Informations as were then delivered unto them which he said were very many and foul and some of them offered to be proved true in such sort as the same had been reported unto them and so moving this House to make choice of four of the Members of the same to be specially selected to attend upon the Lords in the said matter according to her Majesties said pleasure formerly signified unto them by Mr. Speaker Sir Henry Kuyvet Mr. Thomas Cromwell Mr. John Hare and Mr. Robert Wroth were thereupon nominated for that purpose and Ordered and assented that all the Members of this House might at their pleasure in the mean time of the said Conference so to be had with the Lords repair unto the said Sir Henry Knyvet Mr. Thomas Cromwell Mr. John Hare and Mr. Robert Wroth and to every or any one of them with such instructions either in writing or by information otherwise as they shall think fit for the better furnishing of the same Sir Henry Knyvet Mr. Cromwell Mr. Hare and Mr. Wroth with matter against the time of the said conference to be had with the Lords Nota That this House having formerly dealt in this matter and in reforming some exactions of the Exchequer had been forbidden by her Majesty to deal any further therein and yet afterwards upon some new considerations had leave for their further proceeding in the said matter as see before on Saturday the 15 th day and on Thursday the 17 th day and on Monday the 27 th day of February foregoing and on Tuesday the 4 th day Thursday the 6 th day Saturday the 8 th day and on Monday the 17 th day of this instant March last past Mr. Vice-Chamberlain one of the Committees in the Bill of Hue and Cry appointed on Saturday the 15 th day of this instant March foregoing shewed that in respect of other particular attendance committed unto him in her Majesties service elsewhere he could not be at the said Commitment this Afternoon and therefore prayed he may be excused and some other appointed in his stead Whereupon presently Sir John Parrot and the Master of the Wardrobe were added to the former Committees and the said Mr. Vice-Camberlain withdrawn And the Bill together with the names of the Committees was then delivered to the said Sir John Parrot On Wednesday the 19 th day of March the Bill concerning Glass-houses and Glass-Furnaces was upon the second reading committed unto Sir William Moore Mr. George Moore Mr. Markham and others and the Bill was delivered to Sir William Moore who with the rest was appointed to meet in the Exchequer Chamber at two of the Clock this Afternoon The Bill for the Lady Gressam was upon the second reading committed unto Mr. Cromwell Mr. Grafton Mr. Grimston Mr. Recorder of London and others who were appointed to meet in the Exchequer Chamber to Morrow in the Afternoon at two of the Clock The Bill against discontinuances in Writs of Error in the Courts of Exchequer and the Kings Bench was read the second time and upon further Motion was read again for the third reading thereof and so passed upon the question The Master of the Wardrobe one of the Committees in the Bill touching Leases of the Lands Parcel of the Possession of the Bishoprick of Oxford brought in the same Bill with report that the said Committees do think the same Bill not meet to be further dealt in by this House The Bill concerning Captains and Souldiers was read the second time and after the doubtfulness of the voices upon two several questions for the commitment thereof was upon the division of the House by the difference of thirty five Persons Ordered to be committed viz. with the Yea one hundred thirty one and with the No ninety six unto all the Privy Council being of this House Sir Henry Knyvet M r Wroth M r Lieutenant of the Tower M r North and others who were appointed to meet upon Friday next in the Exchequer Chamber at two of the Clock in the Afternoon Sir John Parrot one of the Committees in the Bill touching Hue and Cry brought in the Bill again with report that the Committees have met and conferred upon the same Bill and finding good Laws in force already touching that matter are of opinion that in respect also partly of the shortness of this Parliament likely to ensue the said Bill may be reserved to be further considered of in another Session Thomas Drurie Gent. being brought to the Bar was charged by M r Speaker in the name of this whole House with great and deep offences committed by him against the whole State of this House in general in having untruly reported and given out both to some of the Lords in the Upper House and also to divers others Persons elsewhere that he could have no justice in this House nor could himself be heard nor have his Witnesses in his Cause heard neither in the House nor before the Committees and also against divers Members of this House in particular in offering unto some of them great threats and to some others of them great sums of Money to speak in this House for him and not against him and likewise in using of hard Speeches both to some of them and of some of them to the great discredit wrong and prejudice both of the whole State of this said House in general and also of divers Members of the same in particular for that in very deed he had been heard at large both in this House and also before the Committees and for that likewise sundry of his misbehaviours towards divers Members of this House were directly proved in this House against him to the full satisfaction of this House in the same And so was required by M r Speaker to answer therein for himself Whereupon the said Thomas Drurie in very humble sort and good terms sought to excuse himself not directly acknowledging any the said offences but humbly craving pardon of this House if he had committed any such And then being sequestred the House till his said pretended Speeches of excuse and conditional form of craving pardon were considered of it was by divers of the Members of this House grieved
this House to attend the Lords yesterday at Court touching the Bill of Captains and Souldiers were there accordingly and shewed unto their Lordships the opinion of this House touching the same Bill and that their Lordships did make answer unto the same But what their answers were is wholly omitted through the negligence of the Clerk Mr. Doctor Carie and Mr. Powle do bring word from the Lords that their Lordships do desire present Conference with some of this House in a Bill for continuation and perfecting of certain Statutes and thereupon it was upon relation thereof made to the House by Mr Speaker ordered that the former Committees in the same Bill and divers others now added unto them be presently sent to their Lordships accordingly and withal the Bill for confirmation of two Subsidies granted by the Clergy and the Bill touching Jurors both which passed the House this Morning and the Bill touching the Free School of Tunbridge in Kent were sent up to their Lordships by Mr. Vice-Chamberlain and others with request of this House for special Commendation to be made to their Lordships for their favourable considerations of the said Bill touching the said Jurors The Bill for maintenance of Houses of Husbandry and Tillage was upon the second reading committed unto all the Privy-Council Mr. Cromwell Mr. Wroth and others to meet this Afternoon at two of the Clock in the Exchequer Chamber The Bill that the Children of Aliens shall pay Strangers Customs was read the second time and after many Speeches both ways it was committed to the former Committees to meet at the said former time and place and both the same Bills were delivered to Mr. Vice-Chamberlain On Wednesday the 26 th day of March the Bill concerning Denizens Children was read the second time the Bill also against Strangers retailing of Foreign Wares was amended by the Committee appointed on Wednesday the 12 th day of this instant March foregoing which said Amendments being brought in by them with the Bill were now twice read although it be mistaken in the Original Journal-Book that the Bill it self had its second reading Mr. Doctor Cary and Mr. Powle did bring from the Lords the Bill against privy and secret Outlawries which had its first reading Sir John Parrott shewed that her Majesty told him that she thought it requisite that provision were had for her Majesty as well as for her Subjects against the imbozelling and purloining of her Armour Weapons and other Habiliments of War and offereth a Bill to the House to that end and prayeth a present reading of the same The Bill against imbezelling of Armour Munition and other Habiliments of War was twice read and Ordered to be ingrossed and read the third time and passed upon the question and presently sent up to the Lords by Sir John Parrot and others The House was this day called and the defaults noted upon a former Motion this day made by Sir John Parrot by her Majesties Pleasure upon some intelligence given to her Highness of the small number of the Members of this House presently attending the service of the same the one half at the least supposed to be absent Mr. Vice-Chamberlain and the residue of the Committees returning from the Lords he shewed that according to the Commission of this House they prayed Conference with their Lordships touching such parts in the Bill concerning Houses of Husbandry and Tillage as this House had thought meet to be considered of and that thereupon their Lordships asked them if they then were ready for Conference Whereunto he and the residue Answered they were And thereupon the Committees of this House being sequestred their Lordships did send unto them a Committee of themselves unto whom he and the residue of the Committees of this House did impart the opinion of this House touching the said Bill together with such Amendments of the same as this House prayed their Lordships Assent and good-liking unto And that thereupon the Committees of the Lords willing the Committees of this House to stay a while for Answer went in again to the Lords and some of them shortly after returning brought from their Lordships this Answer That we of this House were possessed of the said Bill and might do therewith as should seem good unto us and that when it should come back again to them their Lordships would then likewise do therewith as they should think good On Thursday the 27 th day of March the Bill against secret Outlawries had its second and third reading and passed upon the Question The Councel learned both of the Earl of Warwick and also of George Ognell were brought into this House to the Bar and heard at large and then sequestred again and afterwards being called in again received their Answer of this House by the Mouth of Mr. Speaker Vide principium dici Martis diei 25 Martii instantis The Bill against Forestalling regrating and ingrossing had its first reading and upon another Motion was read again and upon the question Ordered to be ingrossed The Amendments and a Proviso in the Bill for maintenance of Houses of Husbandry and Tillage being thrice read and the Bill read the third time the said Bill Amendments and Proviso passed upon the question Mr. Doctor Cary and Mr. Doctor Stanhop do bring from the Lords the Bill for the relief of the City of Lincoln with some Amendments of their Lordships unto the same with further Advertisement from the Lords that their Lordships do suspend their proceeding in the Bill for continuance and perfecting of certain Statutes lately sent from this House to their Lordships until their Lordships do hear from this House of the Proceedings of this House in the Bill for maintenance of Houses of Husbandry and Tillage The Bill against privy and secret Outlawries and the Bill with Amendments and Proviso lately passed in this House are sent up to the Lords by Mr. Vice-Chamberlain and others Nota That both the sending down of the former Bill from the Lords and the sending up of this latter to their Lordships are omitted in the Original Journal-Book of the Upper House where it should seem there being no Bill read the Clerk of that House being then Anthony Mason did very negligently omit the Entrance of any thing else besides the continuance of the Parliament to a further day The Bill to avoid Horse-stealing had its third reading and passed upon the question On Friday the 28 th day of March the Amendments of the Lords in the Bill touching forcible Entries and also the Amendments of this House being all thrice read are agreed by this House upon the question to be passed accordingly The Bill against Forestalling Regrating and Ingrossing was upon the question and division of the House Ordered to be presently read for the third reading thereof viz. with the Yea fifty six and with the No thirty A Proviso to the same Bill was offered to the House and twice read and ingrossed and also once read for the
ingrossing thereof and so the Bill upon the question and division of the House was passed by the yielding of the negative Voices without going through with telling of the whole numbers on both sides and was sent presently up to the Lords by Sir John Parrot and a little after two other Bills the one to avoid Horse-stealing and the other touching forcible Entries were likewise sent up to the Lords by Mr. Treasurer and others The Bill against such as steal and imbezel the Goods Chattels or Treasure of her Majesty being put in trust with the same was read the first time The Bill that Aliens Children shall pay Strangers Customs was read the third time and a Proviso added unto it thrice read the Bill and Proviso upon the question and division of the House dashed with the Yea sixty four and with the No seventy four Mr. Doctor Cary and Mr. Powle do bring from the Lords the Bill for relief of the City of Lincoln with an Addition of this word yearly added to their former Amendments for the explaining of the same Amendments All which Amendments being thrice read were upon the question assented unto by this House Nota That this Bill was brought down from the Lords to the House yesterday and therefore it should seem upon some doubts the House made touching their Lordships Amendments it was carried back again and those Amendments explained by the word above-mentioned and so being brought down again this day the said Amendments were thrice read and passed the House On Saturday the 29 th day of March Mr. Doctor Stanhop and Mr. Powle do bring from the Lords the Bill lately passed this House for continuation and perfecting of certain Statutes with a Schedule unto the same added and annexed by their Lordships and the same Schedule being thrice read passed upon the Question The Bill for the relief of the City of Lincoln being perfected according to the Amendments of the Lords and the Bill also for continuance of Statutes with the Schedule to the same were sent up to the Lords by the Master of the Wardrobe and others The Amendments of the Committees of this House to the Bill against excess of Apparel was denied upon the Question to be opened unto the House The Bill against such as steal or imbezel the Goods Chattels or Treasure of her Majesty was brought in again by Mr. Harris one of the Committees in the same as not to be sufficiently considered of for lack of time the same Bill consisting of many parts Mr. Serjeant Puckering and Mr. Serjeant Shuttleworth did bring word from the Lords that their Lordships do pray present Conference with some twenty or more of this House to meet with their Lordships in the nether room of the Upper House and the rest not to depart until the return of the same Committees Whereupon were appointed for that purpose all the Privy Council of this House Sir William Hatton Mr. Wroth Mr. North Mr. Lieutenant of the Tower Mr. Wade Mr. Mills Mr. Juers Mr. Henry Grey Sir Edward Dymock Mr. Robert Bowes Mr. Harris Mr. Heydon Mr. Francis Moore Sir George Barne Mr. Robert Cecill Mr. Shirley Mr. Dyer Mr. Hare Mr. Ralph Bowes Sir Francis Hinde Mr. Preston Mr. White Mr. Hill Mr. Henry Brooke and the Master of the Jewel-House Mr. Treasurer in the name of the rest of the Committees did bring word from the Lords that their Lordships have had Conference amongst themselves of the great practices and Treasons heretofore intended against her Majesties Person State and Kingdom And therefore ..... What should here follow is wholly omitted by the great negligence of Mr. Fulk Onslow at this time Clerk of the House of Commons as also the Speeches of Mr. Vice-Chamberlain of Mr. Secretary Wolley of Sir John Parrot Mr. Comptroller and of Mr. Fortescue for the inserting of which said Speeches there is left a blank of near upon two whole Pages and yet it may be probably gathered what the scope and end of all the said several and respective Speeches were out of a question following which Mr. Speaker propounded at the end of them viz. That seeing most of all those Treasons which had been practised against her Majesty had been either Plotted in Spain or procured by Spain and all the Rebellions during her Highness Reign raised either in England or Ireland had been countenanced from thence to which as the upshot of all that his late intended ambitious and blood-thirsty Conquest yet fresh in memory may be added That therefore her Majesty would be pleased to denounce open War against him the said King of Spain as against a most dangerous Enemy of her Majesty and her Realms Upon the said Speeches Mr. Speaker maketh the question and thereupon it was resolved by the whole House for joining with their Lordships in request to her Majesty to be delivered by the Mouth of Mr. Speaker for concurring with their Lordships for denouncing of War against the King of Spain at the time of his going up with the Subsidy and after the offer and delivery of the same Subsidy Mr. Doctor Cary and Mr. Doctor Stanhop did bring from the Lords two Bills viz. The Act of the Queens Majesties most gracious and free Pardon and also the Act of four Fifteenths and Tenths and two Subsidies which had before passed this House The Bill of the Queens Majesties most general and free Pardon being once read passed thereupon Which said Bill so passed was presently sent up to the Lords by M r Fortescue and others Nota That this is all which is found in the Original Journal-Book of the House of Commons and therefore the Conclusion and Dissolution of this Parliament next ensuing are supplied out of that of the Upper House Her Majesty being as it should seem this very Forenoon come unto the Upper House and there set the House of Commons having notice thereof with Serjeant Snagg their Speaker repaired thither who after his delivery of the Bill of Subsidy did move her Majesty as may be very probably conjectured according to the former resolution had this day in the said House as aforesaid that her Majesty would be pleased to denounce open War against the Spanish King who had so lately threatned destruction to her Majesty and her Realms by that his not long since open and Hostile Invasion After which her Majesty having given her Royal Assent unto the passing of sixteen publick Acts and eight private Acts being all the Statutes that passed this Parliament Sir Christopher Hatton Knight Lord Chancellor by her Majesties Commandment Dissolved the same THE JOURNAL OF THE House of LORDS An Exact and perfect Journal of the Passages of the House of Lords in the Parliament holden at Westminster Anno 35 Reginae Eliz. Anno Domini 1592. which began there on Monday the 19 th Day of February and then and there continued until the Dissolution thereof on Tuesday the 10 th Day of April Anno Domini 1593. THERE is little extraordinary in
Her Majesty thinketh this to be for that the wealthier sort of men turn this charge upon the weaker and upon those of worst ability for that one dischargeth himself and the other is not able to satisfie what he is charged withal These things would be reformed by such as are Commissioners in this present service Her Majesty further hath willed me to signify unto you that the calling of this Parliament now is not for the making of any more new Laws and Statutes for there are already a sufficient number both of Ecclesiastical and Temporal and so many there be that rather than to burthen the Subject with more to their grievance it were fitting an Abridgment were made of those there are already Wherefore it is her Majesties Pleasure that the time be not spent therein But the principal Cause of this Parliament is that her Majesty might consult with her Subjects for the better withstanding of those intended Invasions which are now greater than were ever heretofore heard of And whereas heretofore it hath been used that many have delighted themselves in long Orations full of verbosity and of vain ostentations more than in speaking things of substance The time that is precious would not be thus spent The Sessions cannot be long by reason the Spring time 't is fit that Gentlemen should repair to their Countries the Justices of Assize also to go their Circuits So the good hours should not be lost in idle Speeches but the little time we have should be bestowed wholly on such businesses as are needful to be considered of And so willed them to Elect a Speaker As soon as the Lord Keepers Speech was ended the Clerk of the Parliament read the names of the Receivors and Triors of Petitions in French according to the ancient use and form which were as followeth viz. Receivors of Petitions for England Ireland Wales and Scotland Sir John Popham Lord Chief Justice of the Kings-Bench John Clynch one of the Justices of the Kings-Bench Francis Gawdy another of the Justices of the said Bench Doctor Awberry and Doctor Ford. They which will deliver Petitions are to deliver the same within six days next ensuing Receivors of Petitions for Gascoign and other parts beyond the Seas and the Isles Sir Edmond Anderson Lord Chief Justice of the Common-Pleas Sir William Perrian Lord Chief Baron and Thomas Walmsley one of the Justices of the Common-Pleas Doctor Cary and Doctor Stanhop And they which will deliver Petitions are to deliver the same within six days next ensuing Tryors of Petitions for England Ireland Wales and Scotland the Archbishop of Canterbury the Marquess of Winchester the Earl of Darby Lord Steward of the Queens Houshold the Earl of Sussex the Earl of Pembroke the Earl of Essex the Bishop of London the Bishop of Durham the Lord Howard of Effingham Earl Marshal and Lord Admiral of England the Lord Cobham the Lord Grey of Wilton All these or any four of them calling to them the Lord Keeper of the Great Seal of England and the Treasurer and the Queens Serjeants when need shall require shall hold their places in the Chamberlains Chamber Tryors of Petitions for Gascoign and other parts beyond the Seas and the Isles the Earl of Oxford Great Chamberlain of England the Earl of Shrewsbury the Earl of Huntington the Bishop of Rochester the Bishop of Lincoln the Lord Hunsdon Lord Chamberlain to the Queen the Lord Lumley and the Lord Buckhurst These or any four of them calling unto them the Queens Serjeants when need shall require shall hold their places in the Treasurers Chamber Nota That all that which is set down touching the coming up of those of the House of Commons into the Higher House and the Lord Keepers Speech being before placed after the names of such Lords Spiritual and Temporal as were this day present is not found in the Original Journal-Book of the Upper House but is here inserted partly out of the Original Journal-Book of the House of Commons and partly out of another very exact Journal of that House which was in my Custody being very diligently observed and set down by some Anonymus who was a Member of the said House during this Parliament And I have always thought it most fitting in all these several Journals ever to refer the aforesaid Speeches the Presentments of the Speakers and such other Passages as are wholly handled and agitated in the Upper House to be set down as largely as by any good Authority they may in the Journal of the same to which they do most truly and properly belong and only for Orders sake to give a short touch or remembrance of them in the Journal of the House of Commons Finally at the Conclusion of this days business the Continuance of the Parliament is Entred in the Original Journal-Book of the Upper House in manner and form following viz. Dominus Custos magni Sigilli ex Mandato Dominae Reginae continuavit praesens Parliamentum usque in diem Jovis prox ' futurum On Thursday the 22 th day of February to which day the Parliament had been last continued the Queens Majesty her self came about three of the Clock in the Afternoon accompanied by the Archbishop of Canterbury Sir John Puckering Knight Lord Keeper of the Great Seal William Lord Burleigh Lord Treasurer of England the Marquess of Winchester and divers others of the Lords Spiritual and Temporal being for the most part the very same that are by name set down to have been present on Monday foregoing the first day of this Parliament The Queen and the Lords being thus set the House of Commons had notice thereof who immediately thereupon came up with Edward Cooke Esquire the Queens Sollicitor into the Upper House whom they had Chosen for their Speaker or Prolocutor Which said Speaker being led up to the Bar at the nether end of the said House between two of the most Eminent Personages of the House of Commons who as soon as silence was made and the rest of the said House as many as could conveniently get in had placed themselves in the space below the said Bar spake as followeth YOur Majesties most loving Subjects the Knights Citizens and Burgesses of the House of Commons have nominated me your Graces poor Servant and Subject to be their Speaker This their nomination hath hitherto proceeded that they present me to speak before your Majesty Yet this their nomination is only as yet a Nomination and no Election until your Majesty giveth Allowance and Approbation For as in the Heavens a Star is but opacum Corpus until it have received light from the Sun so stand I Corpus opacum a Mute Body until your Highness bright shining Wisdom hath looked upon me and allowed me How great a Charge this is to be the Mouth of such a Body as your whole Commons represent to utter what is spoken Grandia Regni My small Experience being a poor Professor of the Law can tell But how unable I
that you receive them not until they be viewed and considered by those who it is fitter should consider of such things and can better judge of them To the persons all priviledge is granted with this Caveat That under colour of this priviledge no mans ill doings or not performing of Duties be covered and protected To the last free access is granted to her Majesties Person so that it be upon urgent and weighty Causes and at times convenient and when her Majesty may be at leisure from other important Causes of the Realm Nota That these several interlocutory Speeches of the Speaker and the Lord Keeper are not found in the Original Journal-Books of the Upper House or the House of Commons but are supplied out of a very Elaborate Journal of the Passages of the said Commons House taken by some Anonymous Member thereof this Parliament and are here inserted as was also the Lord Keepers Speech upon the first day of the same upon the reasons there alledged which see at large set down upon Monday the 19 th day of this instant February foregoing in fine diei Although the usual Custom in the Original Journal-Book of the Upper House is to place all Proxies upon what days soever returnable before the beginning of the Journal it self yet I have conceived it much more methodical to place all such returns in those days upon which they were delivered to the Clerk of the Parliament and always upon that day on which the first Return was to make some short observation of that if it be unusual and extraordinary and so to refer the view of the residue to their proper days On this instant Thursday therefore being the 22 th day of February and the second day on which the Upper House sat was returned only this one unusual Proxy 22 o Die Febr. introductae sunt Literae procuratoriae Johannis Episcopi Carliolen ' in quibus Procuratores suos constituit Johannem Archi-episcopum Cantuarien Johannem Episcopum London Matthaeum Episcopum Dunelmen ' Nota That this is one of those Proxies which I call unusual and extraordinary in respect that this Bishop of Carlisle did make or constitute three several Proctors whereas usually a Spiritual Lord nominateth but two conjunctim divisim and a Temporal Lord but one and that also of their own Order whence it is plain that these Proxies may not unfitly be stiled unusual whereby the Spiritual Lords do appoint Temporal Lords for their Proctors or but one Proctor a piece or more than two or when any Temporal Lord nominateth a Spiritual for his Proctor or constituteth more Proctors than one And therefore it is worth the observation that at this very time of nine Temporal Lords that sent their Proxies this Parliament by her Majesties Licence but one of them nominated two Proctors Which see upon Monday the first day of March ensuing all the rest constituting but one Yet the Proxies of the Spiritual Lords being six in number were all of them unusual and extraordinary which I conceive is not easily to be patterned in any other Parliaments except the first which was sent by Edmond Bishop of Norwich in which he constituted only John Bishop of London and Richard Bishop of Peterburgh his Proctors and returned on Monday the 19 th day of this instant February foregoing although it be there omitted as a thing usual and not worth the setting down at large But the other four extraordinary Proxies sent by so many several Bishops see afterwards according to their several Returns upon Saturday the 24 th day and on Tuesday the 27 th day of this instant February ensuing as also on Wednesday the 7 th day and on Wednesday the 28 th day of March next following Where also it may be noted that John Archbishop of Canterbury had this Parliament five Proxies viz. From John Bishop of Carliste John Archbishop of York Thomas Bishop of Winchester Matthew Bishop of Durham and Thomas Bishop of Chichester all which being extraordinary are at large set down in this present Journal in those several days upon which they were returned so that from this and many other Precedents of former and later Parliaments it is most plain that by the ancient Usages and Customs of the Upper House any Lord Spiritual or Temporal being a Member thereof is capable of as many single or Joint Proxies as shall be sent unto him Dominus Custos magni Sigilli ex mandato Dominae Reginae continuavit praesens Parliamentum usque in diem Sabbati prox ' futur ' On Saturday the 29 th day of February the Bill for restraining and punishing Vagrant and seditious Persons who under feigned pretences of Conscience and Religion corrupt and seduce the Queens Subjects was read primâ vice Eodem die retornatum est breve quo Richardus Wigorn ' Episcopus praesenti Parliamento interesse summonebatur idem Episcopus ad suum praeheminentiae sedendi in Parliament ' locum admissus est salvo cuiquam jure suo This day also was one extraordinary or unusual Proxie returned from a Spiritual Lord who constituted but one Proctor whereas usually no such Lord constituteth fewer than two which said Proxie is thus entred in the Original Journal-Book of this Parliament in the beginning thereof in manner and form following viz. 24. Febr. Introductae sunt Literae procuratoriae Johannis Eboracensis Archi-episcopi in quibus Procuratorem suum constituit Johannem Archi-episcopum Catuarien ' On Monday the 26 th day of February retornatum est breve quo Edwardus Dominus Cromwell praesenti Parliamento summonebatur interesse idem Dominus ad suum praeheminentiae sedendi in Parliamento locum admissus est salvo jure alieno The Writ was returned whereby Gilbert Earl of Shrewsbury was summoned c. The several Writs were also returned whereby George Bishop of Landaff William Lord Crompton and Edward Earl of Worcester were summoned It seemed by the Journal-Book that nothing else was done but the Parliament continued according to the usual form which is entred in the Original Journal-Book of the Upper House in these words following viz. Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in diem Mercurii proximè futurum On Tuesday the 27 th day of February although the Upper House sat not yet was there one unusual and extraordinary Proxie returned from a Spiritual Lord who constituted but one Proctor which said Proxie was privately delivered in unto the Clerk of the said House and is entred by him in the Original Journal-Book of the same House in manner and form following viz. 27. Februarii Introductae sunt Literae procuratoriae Thomae Wintonien ' Episcopi in quibus Procuratorem suum constituit Johannem Archi-episcopum Cantuarien ' On Wednesday the 28 th day of February to which day the Parliament had been last continued two several Writs were returned whereby John Bishop of Bath and Wells and Matthew Bishop of Durham were summoned to come to this present Parliament
intermedling with the Succession of the Crown which she had expresly forbidden Which Passage as also divers other particular Speeches being not found in the Original Journal-Book of the House of Commons are supplied out of another Journal of the same House very exactly and elaborately taken by an Anonymus being a Member of the same at this Parliament but yet with this Caution to avoid confusion that whatsoever is inserted out of the saidAnonymous Journal hath a particular Animadversion annexed unto it for discovery thereof The eighth Parliament of our Soveraign Lady Elizabeth by the Grace of God Queen of England France and Ireland Defender of the Faith begun at Westminster upon Monday being the 19 th day of February in the thirty fifth year of her Majesties Reign And thereupon many of the Knights Citizens Burgesses and Barons returned into the same Parliament then made their Appearances at Westminster before the Right Honourable the Earl of Darby Lord Steward of her Majesties most Honourable Houshold and did take the Oath before the said Lord Steward or his Deputies according to the Statute in that behalf lately made and provided The manner of the administring of the said Oath to the said Knights Citizens and Burgesses was as followeth The said Lord Steward removed into the Court of Requests and having called over the said Knights and others that were returned by their names M r Vice-Chamberlain and others of her Majesties Privy-Council took the said Oath before his Honour and then having appointed them his Deputies to swear the residue of the House of Commons who had then appeared according to their several returns he departed And thereupon his Lordships said Deputies proceeded to the further administrating of the aforesaid Oath to other Members of the said House who after they had taken the same entred into it and placed themselves The Fee for entring the name into the Serjeants Book is two shillings The reward to the Door-Keeper three shillings eight pence The Fee for returning the Indenture two shillings About two of the Clock in the Afternoon this present Monday her Highness with divers of the Lords Spiritual and Temporal and such others as had place there being let into the Upper House and the Knights Citizens and Burgesses of the House of Commons as many as conveniently could being at length let in The Right Honourable Sir John Puckering Knight Lord Keeper of the Great Seal of England declared the said Parliament to be called by her Highness only for Consultation and Preparation of Aid to be had and made against the mighty and great Forces of the King of Spain bent and intended against this Realm as well by some practices attempted by him in the Realm of France and with some of the Nobility of Scotland as by many other ways and means to that end and purpose And did in the end advise the said Commons to employ the time of this present Session of Parliament in the aforesaid Consultation and not to go about the making of any new Laws for the Common-Wealth at this time as well for that there are very many good Laws already in force more he said than are well executed as for that also such new Laws if they be needful may be treated of and dealt in at some other time hereafter And so willed them to repair to their accustomed place and make Choice of their Speaker Which done the said Parliament was Adjourned until Thursday next following After which the said Knights Citizens and Burgesses of the House of Commons being Assembled in the same House the Right Honourable Sir Francis Knowles Knight one of her Majesties most Honourable Privy-Council and Treasurer of her Highness most Honourable Houshold stood up and putting the House in remembrance of the said Charge of the said Lord Keeper given unto them for chusing of their Speaker and very gravely and amply setting out sundry the good parts and commendable qualities and abilities of the Right Worshipful M r Edward Cooke Esquire Learned in the Laws of this Realm Sollicitor General to her Majesty and being a Member of this House returned into the same one of the Knights for the County of Norfolk doth in the end for his part and opinion nominate the said M r Edward Cooke to be chosen for their Speaker in this present Parliament if the residue of this House shall so think good Unto which Motion as many of the said House assented with their Voices so the said M r Edward Cooke thereupon stood up and very gravely and discreetly behaving himself as well in all due thankfulness unto this House for their said good opinion conceived of him as also in disabling himself in divers respects for the discharge due and requisite for that place humbly prayeth them to proceed to a new Election Which done the Right Honourable Sir Thomas Heneage Knight Vice-Chamberlain to her Majesty and one other of her Highness's most Honourable Privy-Council stood up and not only approving but also very much amplifying the said former sundry commendable gifts and abilities of the said M r Edward Cooke exceeding many others and comparable in his opinion and judgment with any others for that place and charge gathering also the same partly from his own late former Speech of excuses doth in the end resolutely deliver his opinion to make choice of the said M r Cooke to be their Speaker And also thereupon moving the question to the House the said M r Cooke was with one full consent and voice of the whole House nominated and chosen to be their Speaker for this present Parliament And so was thereupon presently brought by the said M r Treasurer and M r Vice-Chamberlain and set in the Chair And immediately after the House did rise and were appointed to repair thither again upon Thursday next following On Thursday the 22 th day of February to which day the Parliament that begun on Monday foregoing being the 19 th day of the same Month had been continued by Sir John Puckering Knight Lord Keeper of the Great Seal by her Majesties Commandment the Queens Majesty and divers of the Lords Spiritual and Temporal being set in the Upper House the Knights Citizens and Burgesses of the House of Commons had notice thereof and thereupon they repaired thither with Edward Cooke Esquire her Majesties Sollicitor their lately Elected Speaker who being led up to the Rail or Bar at the lower end of the said House by two of the most-eminent Personages of the aforesaid House of Commons after humble reverence made declared unto her Majesty his Election to the said place of Prolocutor and then alledging according to the usual course his own insufficiency did desire her Majesty to enable him to that Charge and to consider that howsoever he were the meanest that ever went before him in that place in respect of Experience yet in respect of his faithfulness he thought himself inferlour to none After which Speech her Majesty by the Mouth of the Lord
the said House is inserted out of it in manner and form following viz. Sir Robert Cecill one of the Committees appointed by this House for Conference with the Committees of the Lords shewed that he and the residue of the Committees of this House did yesterday in the Afternoon repair unto the said Committees of the Lords at the place appointed where the Lord Treasurer of England in the name of the residue of the said Committees of the Lords shewed unto the Committees of this House the great and present need of provision of Treasure to be imployed for the defence of the Realm against the Invasion of the great and mighty Enemies unto this Realm and State and shewing further that the double Subsidy and Fifteenths and Tenths lastly granted unto her Majesty amounting but unto two hundred and fourscore thousand pounds her Majesty hath nevertheless in these defensive Wars expended of her own Treasure alone ten hundred and thirty thousand pounds since the time of the granting of the said double Subsidy and of the said Fifteenths and Tenths And that therefore their Lordships weighing the great present necessity of greater and more speedy supply of Treasure to be had than two intire Subsidies and four Fifteenths do negatively affirm That their Lordships will not give in any wise their assents to pass any Act in their House of less than three intire Subsidies to be paid in the three next years at two payments in every of the same years the first to begin soon after the next Easter and the second soon after the next Michaelmas and so yearly after Easter and Michaelmas during the said three years And that to what proportion of benevolence or unto how much their Lordships would give their assents in that behalf they would not as then shew unto the said Committees of this House But insisting for Conference again to be had he further urged that this House might be moved to yield a greater supply To which end he alledged that the usual late Subsidies were very small and were also imposed for the most part upon the meaner sort of her Majesties Subjects declaring that he knew one Shire of this Realm wherein there were many men of good living and countenance but none of them in the said last Subsidies assessed at above four-score pound Lands per Annum And that in the City of London also where the greatest part of the riches of the Realm are there was no one assessed at above two hundred pound goods a man and that not yet past above four or five such Which Speech in effect being ended and in far better sort delivered than he had reported it he in Conclusion referred the further consideration thereof to the gravity of the House Nota That that which follows touching the Conclusion of this Forenoons business as also touching the agitation of the aforesaid great matters of the danger of the Realm and of a proportionable supply to be given which ensued in the House at the Committee in the Afternoon are either very imperfectly set down or wholly omitted in the Original Journal-Book it self and are therefore supplied out of the said Anonymous Journal more particularly mentioned at the beginning of this present Journal M r Francis Bacon as soon as Sir Robert Cecill had made an end of the former report of the business handled at the said Committee of which himself also had been one spake next and yielded to the Subsidy but misliked that this House should join with the Upper House in the granting of it For the Custom and Priviledge of this House hath always been first to make offer of the Subsidies from hence then to the Upper House except it were that they present a Bill unto this House with desire of our assent thereto and then to send it up again And reason it is that we should stand upon our priviledge seeing the burthen resteth upon us as the greatest number nor is it reason the thanks should be theirs And in joining with them in this Motion we shall derogate from ours for the thanks will be theirs and the blame ours they being the first movers Wherefore I wish that in this Action we should proceed as heretofore we have done apart by our selves and not join with their Lordships And to satisfie them who expect an Answer from us to Morrow some Answer would be made in some obsequious and dutiful manner And out of his Bosom he drew an Answer framed by himself to this effect That they had considered of their Lordships Motion and thought upon it as was fit and in all willingness would address themselves to do as so great a Cause deserved To join with them he said he could not but with prejudice to the priviledge of the said House Wherefore he desired as they were wont so that now they might proceed here in by themselves a part from their Lordships and that they might do it without discontent To this purpose he cited a precedent in H. 8. time where four of the Lords came down into the House of Commons and informed them what necessity there was of a Subsidy And that thereupon the House took it to consideration a part by themselves and at large granted it By which it should seem that he did infer that the Lords might indeed give notice unto the said House of Commons what need or danger there was but ought not to prescribe them what to give as at the meeting of the former Committee the Lord Treasurer had done Whereupon the House well approving the said M r Bacon's Opinion it was upon the Question Ordered That the former Committees of this House in the same Cause whose names see on Thursday the first day of this instant March foregoing should meet here in this House at two of the Clock in the Afternoon of this present day for framing of an Answer of this House to be made unto the said Motion of the said Committees of the Lords and to make Report to Morrow in the Morning to this House of such their Answer so to be framed to the end the same being agreed on and allowed by this whole House may presently thereupon be signified unto the said Committee of the said Lords accordingly for that the said Committees of this House did yesterday shew unto their Lordships that their Lordships should then receive an Answer of this House unto their Lordships said Motion In the Afternoon of this present Friday aforesaid the Committees met in the House according as it had been Ordered in the Forenoon by the said House and spent all the time in many good Discourses and Disputations for the Subsidy But a great part thereof was spent in arguing what the matter was which was referred unto them by the House whether a Subsidy should be yielded and that signified for an Answer from them to the Lords Or whether the Committees were only to consider of an Answer according to M r Bacons Motion That this House would alone by
themselves consider of the Subsidy without joining These following spake for the Subsidy especially inforcing the necessity of it Sir William Moore shewed first That her Majesty had more Cause to have the Subsidy than had H. 8. E. 6. or Queen Mary for H. 8. his Wars continued not though they were violent for the time His Wars were impulsive and not defensive He had the suppression of all the Abbies a matter of great riches unto him He had a Benevolence and then a Subsidy paid within three Months Edw. 6. had Chantries and all the Church Plate for relief paid him Queen Mary had a relief paid her which she never repaid But her Majesty that now is hath been a continual defence of her own Realm and her Neighbours Kingdoms England Ireland France and the Low Countries yet hath she repaid the Loans and had not such helps Sir George Carey said I speak for the Subsidy first answering one that had said we must regard them and their Estates for whom we be here saying he regarded and came for them as was meet and they will more thank us for taking somewhat from them than if we should abandon them and leave them and all that they have to the spoil of the Enemy which will be if with Forces we provide not to withstand them For eminent dangers hang over our heads and are intended to us this Summer The Spaniard already hath sent seven thousand Pistolets of Gold into Scotland to corrupt the Nobility and to the King twenty thousand Crowns now lately were dispatched out of France into Scotland for the Levying of three thousand which the Scottish Lords have promised and the King of Spain will Levy thirty thousand more and give them all Pay Her Majesty is determined to send Sir Francis Drake to Sea to encounter them with a great Navy Wherefore this our danger is to be prevented and those her Majesties infinite Charges by us to be supplied Sir Walter Raleigh spake for the Subsidy not only as he protested to please the Queen to whom he was infinitely bound above his deserts but for the necessity he both saw and knew He very well discovered the great strength of the King of Spain And to shew his Mightiness he told how he possessed all the World As also that his malice and ill purpose was evident to this Realm he shewed how on every side he had beleaguered us In Denmark the King being young he had corrupted the Council and Nobility so as he was very like to speed himself of shipping from thence In the Marine Towns of the Low Countries and in Norway he laid in great store of shipping In France he had the Parliament Towns at his Command In Brittany he had all the best Havens And in Scotland he had so corrupted the Nobility that he had promised them Forces to re-establish Papistry That they were ready to joyn with any Foreign Forces that would make them strong to be by themselves and to resist others For as he thought there were not six Gentlemen of that Country of one Religion In his own Country there is all possible repairing and he is coming with sixty Gallies besides other Shipping with purpose to annoy us We must then have no Ships if he invade us riding at Anchor all will be little enough to withstand him At his coming he fully determineth to get Plymouth or at least to possess some of the Havens this Summer within our Land And Plymouth is a place of most danger for no Ordnance can be carried thither to remove him the passages will not give leave Now the way to defeat him is this to send a Royal Army to supplant him in Brittany and to possess our selves there And to send a strong Navy to Sea and to lye with it upon the Cape and such places as his Ships bring his Riches to that they may set upon all that come This we are able to do and undoubtedly with fortunate success if we undertake it Thus far out of the aforesaid Anonymous Journal That which next follows is out of the Original Journal-Book it self On Saturday the third day of March Sir Henry Knivett entred into a discourse touching the priviledge of this House of ancient time used and accustomed for the conventing of any person into this Court thinking for his Opinion that M r Fitzherbert is rather to be called to appear in this House by the Serjeants Mace of this House than by any Writ of the Chancery And so entring into a recital of George Ferrers his Case was put in remembrance by M r Speaker that the manner for the bringing in of the said M r Fitzherbert had received the Order of this House yesterday and was therefore now neither to be recalled nor further treated of by this House till the appearance of the said M r Fitzherbert be first here made in this House according to the said former Order for the same Sir Robert Cecill one of the Committees for the framing of an Answer of this House to be made to the motion of the Lords concerning the Subsidy did meet yesterday in the Afternoon and having had much speech and many Arguments did not as then conclude or resolve of any form of Answer at all for that sundry of the same Committees then seemed diversly to conceive of the substance of the matter delivered to them in Charge by this House some conceiving it to tend only to the Consideration of the said Note read by the said M r Francis Bacon and no further and some again that their Commission was to treat generally of such a form of Answer unto the said Motion as the more part of the same Committees should think fittest and the same afterwards to be reported to this House and referred further to the consideration of this House to be liked of or not liked of at their pleasure And shewed further that he and the residue of the said Committees had met together again this Morning and that the most part of the said Committees had for their parts yielded to grant Conference with the Lords if this House should so think good and had appointed him to signify the same unto this House in the name of the said most part of the said Committees which he said he had now done according to their charge which they had imposed upon him And so referring his said report to the censure of the residue of the more part of the said Committees he ended his Speech M r Wroth one other of the said Committees not any way excepting to any part of the said Report made by the said Sir Robert Cecill so as before resolved by the more part of the said Committees for yielding of Conference unto the Lords shewed that he for his own part being also one of the said Committees did not at that time give his assent neither yet now doth that any Conference should be had with the Lords in the said Case for that in his opinion
the same would be much prejudicial to the Ancient Liberties and Priviledges of this House and to the Authority of the same M r Beale likewise shewing himself to be of the same mind with M r Wroth and insisting upon the preservation and maintenance of the former usual and ancient Liberties and Priviledges of this House in treating of Subsidies Contributions and other like benevolences amongst themselves without any Conference therein at all had or used with the Lords of the Higher House doth give an instance of a former precedent in the like Case and offered to shew forth the same precedent to this House which being omitted in the Original Journal-Book it self is here inserted out of the aforesaid Anonymous Journal more particularly mentioned at the beginning of this present Journal and was as followeth In Anno nono H. 4. the two Houses being divided about the Subsidy and the Higher House desiring a greater Subsidy than was granted by the Lower House hereupon twelve that were sent as Committees to the Lords came down and informed what was desired by the Upper House namely a greater Subsidy and to that end Conference to be had with them of the House of Commons The Commons thought themselves grieved therewith and so returned their Answer that they would consider what was meet to be done in so general a matter but thought the Conference a Derogation to the priviledge of the House Hereupon the King Answered that he could not neither was it fit to violate the priviledge of his Commons but in all things thought it just to prefer them Which said precedent being thus inserted out of the Anonymous Journal the rest that followeth is continued out of the Original Journal-Book it self taken in the House and committed to writing by M r Fulk Ouslow at this time Clerk of the House of Commons For it should seem the Speaker and the greater part of the House very well approving and being satisfied fully with the aforesaid precedent cited by M r Beale yet those of her Majesties Privy Council and the Courtiers also at this time of the House were still earnest for admitting of a Conference with the Lords And thereupon Sir Robert Cecill spake again and did put the House in remembrance of the great and urgent necessity for the speedy prevention and avoiding of the great and eminent perils and dangers of this Realm and State to be effected both by Consultation and also by provision of Treasure and thinketh good that Conference of this House were had with the Lords as a matter very behoofful Especially for that their Lordships some of them being of her Majesties Privy-Council do know both the purposes and strength of the Enemies on the one side and also her Majesties present store of Treasure more or less on the other side much better than those of this House do Resolveth for his own Opinion still to give his consent that Conference be had therein with the Lords by the Committees of this House according to their Lordships said former Motion and request for the same Sir William Brunker stood up and reciting the said great present necessity of consultation and provision and that it cannot be otherwise but that the proportion of convenient supply of Treasure answerable to the greatness of the dangers which are imminent must needs require a greater Mass of Treasure to be had than hath been as yet treated of in any resolution by this House And then the Question being urged and by the Order of the House propounded whether Conference should be had with the Lords upon the Motion of the Committees of the Lords to the Committees of this House in this Case or no it was upon the doubtfulness of the Voices twice given upon the Question thereof twice propounded resolved upon the division of the House That no such Conference should be had with the said Committees of the Lords by the said Committees of this House for the number of them which were for the said Conference and said I went out of the said House and were found to be in number but a hundred twenty eight whereas those that were against the said Conference and said No sate still in the House being in number two hundred and seventeen So that the matter was over-ruled by eighty nine Voices with which the Order and Judgment of the whole House went thereupon accordingly M r Serjeant Fleetwood and M r Doctor Ford do bring from the Lords a Bill Intituled an Act for the better assurance and confirmation of the Jointure of the Lady Margaret Countess of Cumberland After the delivery of this Bill thus sent from the Lords the House proceeded in the further agitation of the foregoing great business which by the bringing down of the last mentioned Bill from their Lordships had been a while interrupted For it having been already over-ruled by the House that there should be no Conference admitted with the Lords touching the matter of the Subsidy which their Lordships had desired it was therefore Ordered upon a Motion made in the House that some Answer might presently be sent from thence to their Lordships to satisfie them touching their said Motion for Conference for that in respect the said Conference had been already denied and had been voted to be prejudicial to the Liberties of the House by the Judgment of the same that a convenient number of this House should be appointed presently in the name of this whole House to give unto their Lordships most humble and dutiful thanks with all due reverence for their said Lordships good favourable and courteous offer of Conference with this House in the said Cause and to signify unto their Lordships that this House cannot in those Cases of Benevolence or Contribution join in Conference with their Lordships without prejudice to the Liberties and Priviledges of this House and of the infringing of the same and therefore do in most humble wise request and desire their good Lordships to hold the Members of this House excused in their not assenting unto their Lordships said Motion for Conference for that so to have assented without a Bill had been contrary to the Liberties and Priviledges of this House and contrary also to the former precedents of the same House in like Case had Which done all the former Committees of this House were presently appointed to declare the said Answer of this House unto their Lordships and M r Chancellor of the Exchequer appointed to declare the same And for this purpose were nominated and chosen All the Privy-Council now in this House being four Sir Henry Unton M r Wroth M r Beale Sir William Brunker Sir Walter Raleigh Sir Charles Cavendish Sir Edward Hobby Sir Thomas Cecill Sir George Carey Sir Robert Sidney Sir Thomas West M r Anthony Cooke M r Tasborough Sir William Moore M r George Moore M r Serjeant Yelverton Sir Francis Drake Sir Francis Hastings Sir William Knowles Sir Fulk Griffin M r William Haward Sir Charles Blunt Sir
John Harrington M r Herbert Master of Requests M r Arthur George Sir Thomas Conisby M r Dyer M r Doctor Awbery M r Edward Barker M r Robert Sackvile Sir Henry Poole Sir Edward Stafford Sir Thomas Read Sir Henry Cock M r Lewkenor Sir John Points and Sir Edward Carey who forthwith went up to the Lords of the Upper House with the Message of the said Answer accordingly And shortly after returning again from thence to this House the said M r Chancellor of the Exchequer made report of their delivery of the said Answer to the Lords and shewed that their Lordships well hoped to have had Conference with this House according to their former request And so wished this House to have due care and great consideration touching the speedy provision of a convenient supply of treasure to be had according to the present great necessity of the said Cause And shewed that their Lordships desired to see those precedents of this House by which this House seemeth to refuse the said Conference And so gave end to his Speech for that time One being no Member of this House and yet found to have sitten in this House during the greater part of this Forenoon was brought to the Bar and being there examined by M r Speaker of his name and place of abode answered his name to be John Legg and that he was Servant to the Earl of Northumberland and pleading simplicity and ignorance for his excuse and alledging that he had some business to do with M r Doctor Herbert Master of the Requests from the said Earl his Master and that therefore he entred into the said House not thinking any harm nor knowing the danger thereof And so humbly praying pardon was in the end committed to the Custody of the Serjeant of this House till this House shall upon further Examination of the matter take other Order The Bill for Naturalizing of William Sidney and Peregrine Wingfield was twice read and upon the Question was Ordered to be ingrossed Four Bills also had each of them one reading of which the second being the Bill touching George Ognell Esquire had its first reading The substance whereof is taken out of the aforesaid Anonymous Journal more particularly mentioned at the beginning of this present Journal in manner and form following viz. One Trussell having sold the Mannor of Binsley to Ognell for good consideration and afterwards of purpose to defeat this Purchase caused himself to be Indicted of Felony done in Kent before the Seal to Ognell and was thereof Attainted and with relation of the Felony defeated Ognells purchase It was Enacted that this Attainder should be void only as in respect of this Purchase and to that end to be as if Trussell had never been Attainted nor no Lords to have any Escheats or other by reason of this Attainder Her Majesty understanding this was pleased to remit her Interest M r Speaker perceiving some men to whisper together said that it was not the manner of the House that any should whisper or talk secretly for here only publick Speeches are to be used Nota that these two particulars are only supplied out of the aforesaid Anonymous Journal and that which followeth and also that which went before is inserted out of the Original Journal-Book it self Sir Edward Dymock moved that a Commit tee of this House may be appointed for a speedy Conference to be had touching the present necessary provision and Supply of Treasure to be had for the defence of this Realm and State And thereupon the former Committees for the Subsidy whose names see before on Monday the 26 th day of February last past were ordered to meet upon Monday next at two of the Clock in the Afternoon in this House to confer in this Case On Monday the 5 th day of March Two Bills of no great moment had each of them one reading of which the second being the Bill against the stealing of Oxen Kine Sheep and Lambs was upon the second reading committed unto M r Wroth M r Sands M r Recorder of London and others and the Bill was delivered to M r Wroth who with the rest was appointed to meet in this House to Morrow at two of the Clock in the Afternoon The Bill concerning salted Fish and salted Herrings was read the second time and thereupon committed unto Sir Francis Drake Sir Thomas Sherley the Burgesses of Yarmouth Plymouth Hall and Saltash the Burgesses of all the Port Towns Mr. Robert Wroth Sir Henry Knivet and others and the Bill was delivered to Mr. Wroth who with the rest was appointed to meet upon Wednesday next at two of the Clock in the Afternoon in the Exchequer Chamber Nota That after the Commitment of these Bills ensued divers Speeches touching that great business of Conserence with the Lords which had been very largely debated on Saturday last in the House All which said Speeches being either very shortly and imperfectly set down in the Original Journal-Book of the House of Commons or wholly omitted and for which three intire pages and more are there left Blank to have inserted them in which are set down the names only of some of those that spake them therefore they are supplied out of the aforesaid Anonymous Journal very elaborately taken by some Member of the said House during this Parliament and do here next ensue in manner and form following Mr. Beale desired to satisfy the House by reason it was conceived by the Lords the other day that upon his Motion and by his precedent shewed the House was led to deny a Conference with the Lords he acknowledged he had mistaken the question propounded For there being but a Conference desired by the Lords and no confirming of any thing they had done he thought we might and it was sit we should confer And to this end only he shewed the Precedent That in the 9 th year of H. 4. the Commons having granted a Subsidy which the Lords thought too little and they agreed to a greater and would have the Commons to confirm that which they had done this the Commons thought they could not do without prejudice to this House Wherefore he acknowledged himself mistaken in the Question and desired if any were led by him to be satisfyed for that he would have been of another opinion if he had conceived the matter as it was meant Sir Thomas Heneage propounded the Question anew and thought that with the priviledge of the House and by precedents to be shewed there had been Conference with the Lords used upon the like Motion Sir John Wolley thought that the former denyal grew upon mistaking of the Question and upon better consideration would have the matter reversed and now to assent to that which was denyed before Sir Henry Knivett moved that for the freedom of the House it might be concluded amongst them a matter answerable at the Bar for any man to report any thing of any Speech used or matters done in this House
Sir Henry Upton spake in defence of the former proceedings of the House and shewed how it had proceeded first agreeing to a double Subsidy and four Fifteenths this being offered and the Lords thinking it seemed little and considering the present necessity the lack of payment of Subsidies and the true rating of Subsidies over that they were wont to be they desired a Conference with the Lower House giving reasons of great Importance for a greater aid and they gave us a taste of what was needful as three Subsidies at the least and upon those great Causes desired a Conference the next day This being delivered unto the House by one of the Committees sent to the Lords the House upon Consideration thought it not to stand with their Priviledge to confer with their Lordships in matter of Subsidies because it was the liberty of the House to make Offer themselves to her Majestv And in regard it stood not with the Priviledge of this House to confer with the Lords hereupon they advise upon an Answer to be made unto the Lords wherein they should give them thanks that they had vouchsafed to confer with them of this House but shewed that with the Priviledge of the House they could not have Conference with them in matter of Subsidy Further he thought the House much injured that they should be reported to be against the Subsidy and the Parties injured who speaking the last day against the Subsidy their names were given up and were noted for it to the Queen And now my Motion is that we must confer with the Lords upon the Subsidy but not in any fort to be conformed therein unto them And for that occasion past he desired that M r Speaker might be sent and report the truth of the whole matter and manner of our proceedings Sir Robert Cecill spake next and said I desire now I may be somewhat long because I must include an Answer to three Speeches Those two Honourable Persons that sit above the one of them declared the true state of the Question the other what was fit we should do But my Answer shall tend only to those Tales that followed The first was a kind of satisfaction for a former mistaking but in the same satisfaction a new mistaking was also which was by way of information casting it into the House that the Queen should seem to demand three Subsidies Now the Queen never demanded three nor one So there is a new mistaking added to the former satisfaction The second Mans Motion thus far I allow That the Counsel of this House be secretly kept and that nothing be reported in malam partem But if his meaning be that we may not impart any thing that is done here unto the Queen but that all things must be secret from her I am altogether against it This only I should desire what ought to be observed That nothing ought to be reported unto her in malam partem The third Mans Motion consisted of three points The first was News the second was History and the third and last a Motion His News was that Mens names were given up to the Queen This was News For I heard it not before The History was a large Report of the Progress of this matter His Motion was that we should confer with the Lords about a Subsidy with them but not conclude a Subsidy with them His matter seems contrary to his meaning or else is more than ever was meant for it was never desired of us by the Lords that we should confer with them about a Subsidy Sir Walter Raleigh spake next and moved that seeing the division of the House the last day grew as he conceived upon the mistaking of the question and that since some had reported unto him that had the question been propounded whether they should only yield to a Conference in general with the Lords they would not have been against it and therefore he desired M r Speaker to put it to the Question whether they should confer with the Lords generally or not without naming a Subsidy This Motion being well liked Sir Walter Raleigh was desired by the House to repeat it again that so it might be the better heard of them all And thereupon he said that touching the aforesaid question which had received a No upon Saturday last foregoing he would not make it a Question again for by the Order of the House he could not but propounded this for a new Question in these or the like words Whether the House would be pleased to have general Conference with the Lords touching the great imminent dangers of the Realm and State and the present necessary supply of Treasure to be provided speedily for the same according to the proportion of the necessity Which said Question being propounded unto the House it was assented unto accordingly by them all without any negative Voice And thereupon the former Committees appointed for Conference with their Lordships whose names see before on Thursday the first day of this Instant March were presently sent up from this House unto their Lordships to signify the resolution of this House in yielding to the said general Conference with their Lordships according to their former desire And that Sir Thomas Heneage her Majesties Vice-Chamberlain should make report thereof from this House unto their said Lordships Thus far out of the aforesaid Anonymous Journal that which followeth is inserted out of the Original Journal-Book it self Upon a Motion made by M r Serjeant Harris for the Order of this House for setting at liberty of John Legg Servant to the Earl of Northumberland who was found sitting in this House upon Saturday last and is no Member of the same and was thereupon committed to the Serjeants Ward till further Order should be taken with him by this House the Serjeant of this House is appointed to have the said John Legg here to Morrow Morning The Bill touching the true assizing of Bread had the second reading and was committed to the former Committees in the Bill concerning salted Fish and salted Herrings appointed in the beginning of this present day and to meet at the same time and place as for the said Bill touching salted Fish and salted Herrings is appointed And the Bill was delivered to M r Wroth one of the said Committees The Bill for Naturalizing of Samuel Saltingstall and others born beyond the Seas was upon the second reading committed to M r Treasurer Sir Thomas West M r Recorder of London Sir Henry Knivet and others and the Bill was delivered to Sir Thomas West who with the rest was appointed to meet upon Wednesday next at two of the Clock in the Afternoon in the Exchequer Chamber M r Vice-Chamberlain and the residue of the Committees making their return from the Lords he shewed their Lordships ready good will in accepting the offer of Conference of this House with their Lordships And their Lordships have appointed for that purpose a Committee of two and twenty of
the thing we fear for if the thing be otherwise and our necessity greater the former doings are no Rules to us And so Precedents as they are not to be rejected so they ought not to be Eternal For the poverty of our Country we have no reason to think it poor our sumptuousess in Apparel in Plate and in all things argueth our riches And our dearth of every thing amongst us sheweth plenty of Money But it is said our Countries are poor and we must respect them that sent us hither Why so we must also remember who sent for us hither This Cause is hard for there is necessity against necessity danger against danger and inward discontent against outward Forces The poor are grieved by being overcharged this must be helped by increasing our own Burthen for otherwise the weak feet will complain of too heavy a body that is to be feared If the feet knew their strength as we know their oppression they would not bear as they do But to answer them it sufficeth that the time requireth it And in a Prince power will command To satisfy them they cannot think we overcharge them when we charge our selves with them and above them But if nothing will satisfy them our doings are sufficient to bind them If the multitudes of Parliaments be remembred heretofore many Subsidies now in one Parliament cannot seem burthensome The more Laws we make the less liberty we have to our selves And now one word for my self if my Speech hath offended excuse me I will not often trouble you hereafter M r Speaker said I do not desire to be thought arrogant for the thing which I will speak shall be out of duty belonging to my place Because I see many Speeches grow upon mistaking and one Speech mistaken to cause another mistaking sic undam gignere undam and so a great deal of time lost in words hereafter I will be bold if any man mistake in the point of a Bill to tell him of it before his Speech proceed for this Question of conferring with the Lords has taken up so much time only by mistaking for 't is granted by the House to have a General Conference They that should confer had need be authorized and instructed what to confer upon for he that hath but delegatam Potestatem will think nothing Promissum that is not Commissum and 't is certain non utile est ubi nulla est curatio morbi Therefore understand what is needful to confer upon The question upon the Return of the Burgess of Southwark and for mending a Return in an Indenture were referred unto M r Speaker to inform the Lord Keeper thereof No Return can be amended in this House For the Writ and Return are in Chancery and must be amended there And in the Chancery this is the Rule if the Sirname or the proper name of a party be mistaken in the Return the Lord Keeper will not amend it for such tender consideration is had of the free Election by the Corporations as no Information shall be credited against the Return but the Lord Keeper will first make out a Writ reciting the mistaking in the former Return and then they by the same Writ shall have Authority to make a new Election Thus far out of the aforesaid Anonymous Journal On Wednesday the 7 th day of March Sir Edward Hobby moving the Cause of M r Fitzherbert his bringing up unto this House by a Writ of Habeas Corpus cum Causa from the Lord Keeper showeth That he hath moved the Lord Keeper touching the said Writ and that his Lordship thinketh best in regard of the Ancient Liberties and Priviledges of this House that a Serjeant at Armes be sent by Order of this House for the said M r Fitzherbert at his own Charge by reason whereof he may be brought hither to this House without peril of further being Arrested by the way and the state of this Cause to be considered of and examined when he shall be come hither Which was thereupon well liked and allowed by this House Three Bills had each of them one reading of which the second concerning the lawful deprivation of Edward Bonner late Bishop of London was read the second time John Legg Prisoner at the Bar Servant to the Earl of Northumberland as he saith after a good Exhortation given him by M r Speaker and the Oath of Supremacy pronounced by him at the Bar is upon his humble Submission and craving of Pardon set at liberty of his Imprisonment by the Order of this House paying his Fees Vide on Saturday March the third foregoing The Bill for Confirmation of the Jointure of the Lady Margaret Countess of Cumberland had its third reading and thereupon it was moved by some that it might now pass the House and be sent up also to their Lordships but others took Exceptions thereat because the Bill had not been as yet spoken unto Whereupon because it could not now be committed after the third reading it was by the Order of the House agreed that it should be spoken unto to Morrow and afterwards pass the House or be dashed as the Case it self should require The Bill for Naturalizing of William Sidney and Peregrine Wingfield was sent up to the Lords by M r Treasurer and others M r Serjeant Snagg and M r Serjeant Fleetwood do bring the Lords two Bills the one Intituled an Act against Counterfeiting of Councellors or principal Officers hands and the other Intituled an Act to confirm the sale of the Lands of M r Raven Gentleman made unto Lisse Cave Thomas Andrewes and Edward Hisserigg Esquires towards the payment of a Debt due unto her Majesty M r Vice-Chamberlain shewed that he and the rest of the Committees for Conference with the Lords did attend their Lordships yesterday in the Afternoon at the time and place appointed according to the Commission of this House and having there received from their Lordships further Advertizement of the imminent great dangers of this Realm and State more than their Lordships had imparted unto them in the last former Conference of this House with their said Lordships before they did thereupon move their Lordships for their good favour in giving time to this House to consult upon the said dangers and the remedies for the same until to Morrow in the Afternoon Their Lordships thereupon were so pleased to do albeit they rather desired the same might have been done sooner And so reciting at large the particularities of the said Advertizement and whereof some happened since the last former Conference Moved this House to grow to some resolution of matter to be prepared ready to be offered unto their Lordships to Morrow in the Afternoon according unto the promise of himself and the residue of the said Committees of this House unto their Lordships yesterday It was in the end after sundry Speeches of divers grave Members of this House tending to divers forms of provision of Treasure some by way of
fact therein or in the Election at all And that his Lordship would direct a Writ for chusing of another Burgess for the said Borough of Newtown in the stead of the said John Dudley And that his Lordship would in the said Writ insert the said Cause of misbehaviour so as before alledged Four Bills of no great moment had each of them one reading of which the last being the Bill for Confirmation of the assurance unto certain Purchasers of Lands sold by Sir Richard Knightley Knight M r Valentine Knightley and M r Edward Knightley Esquires was upon the second reading committed unto M r Serjeant Yelverton Sir Henry Umpton M r Cradock and others who were appointed to meet to Morrow at two of the Clock in the Afternoon in the Exchequer Chamber The Bill to take away the benefit of Clergy in some Cases was twice read and committed unto the former Committees in the last former Bill and M r Richard Brown Gentleman was added unto them who with the rest was appointed to meet at the same time and place as in the said last former Bill viz. to Morrow at two of the Clock in the Afternoon in the Exchequer Chamber Two other Bills also had each of them one reading of which the second being the Bill for confirmation of the sale of the Lands of William Raven Gentleman made unto Lisle Cave and others was twice read and committed unto M r Heale M r Serjeant Yelverton Sir Henry Knivet M r Recorder of London and others who were appointed to meet upon Saturday next at two of the Clock in the Afternoon in the Middle-Temple Hall M r Vice-Chamberlain shewed that he and the residue of the Committees of this House for Conference with the Lords did meet together yesterday in the Afternoon according to the appointment of this House and that after many Speeches and Arguments gravely ' delivered by sundry of the said Committees the greater part of them did assent and agree unto the granting of a triple Subsidy and of six Fifteenths and Tenths to be yielded to her Majesty towards the provision against the great and imminent perils and dangers of this Realm The same triple Subsidy and six Fifteenths and Tenths to be levyed and paid in four years in a certain form which they had set down in Articles that is to say one intire Subsidy and two Fifteenths and Tenths at one payment in the first year and one other intire Subsidy and two Fifteenths and Tenths at one other payment in the second year and one intire Subsidy and two Fifteenths and Tenths at two payments in the third and fourth years Which done he moved further to know the resolution of the House Whether it would please them to give liking to the said travel of the said Committees in the said Cause or that it might be their pleasures to resolve of any such other course therein as they may have Warrant to impart unto the Lords this Afternoon according to the promise of this House to the Lords Whereupon after many long and grave Speeches and Arguments by divers of the said Members of this House it was agreed by them all without any contradiction that the proportion should be a treble Subsidy and six Fifteenths and Tenths And the said Articles for the manner of payment being read by the Clerk of the House seemed for the most part to be well liked of Whereupon after some Motions to the Question M r Speaker dividing it into two several parts the one for the number of the said three intire Subsidies and six Fifteenths and Tenths and the other for the manner and time of levying and payment of the same three intire Subsidies and six Fifteenths and Tenths it was upon the same several questions severally resolved by the whole House the proportion to be a treble Subsidy and six Fifteenths and Tenths and the manner of paying and levying the same to be made in four years according to the said Articles thereof read And then were the said Committees appointed and authorized by this House to signify the said resolution of this House unto their Lordships in the Afternoon of this present day accordingly and to be reported unto their said Lordships by Sir Robert Cecill for that M r Vice-Chamberlain was then at that very instant very sharply grieved and pained with his infirmity of the Gout On Friday the 9 th day of March the Bill concerning Woollen-Cloths called Vesses c. was upon the second reading committed unto Sir William Knolles Sir John Hart M r Recorder of London M r Wroth and others who were appointed to meet upon Tuesday next at two of the Clock in the Afternoon in the Exchequer Chamber Sir John Harrington and Sir Thomas Wilkes are added to the former Committees in the Bill for Confirmation of Assurances unto certain Purchasors of Lands sold by Sir Richard Knightley K r M r Valentine Knightley and M r Edward Knightley Esquires appointed yesterday The Committees in the Bill touching Recusants nominated on Wednesday the 28 th day of February foregoing are appointed to meet in this House at two of the Clock this Afternoon The Committees in the Bill also for Naturalizing of Samuel Saltingstall and others nominated on Monday the sixth day of this instant March soregoing are appointed to meet to Morrow at two of the Clock in the Afternoon in the Middle-Temple Hall The Bill concerning Spinners and Weavers was read the first time The Bill for the Confirmation of the Joynture of the Lady Margaret Countess of Cumberland is deferred till to Morrow to be further dealt in Sir Robert Cecill reporteth at large the Message of this House yesterday by him and the residue of the Committees of this House delivered unto their Lordships and their Lordships good acceptation of the same Which done after sundry other speeches of divers Members of this House it was resolved upon the Question that the former Committees of this House for the Subsidy their names being then read by the Clerk of this House should meet in this House at two of the Clock in the Afternoon of this present day for the setting down of Articles for the drawing of the Bill for the granting of the Subsidies and six Fifteenths and Tenths to be paid in four years according to the former resolution of this House therein The Bill against springing Uses and Perpetuities was upon the second reading committed unto all the Privy Council being of this House all the Knights of the Shires returned unto this House M r Cradock and others who were appointed to meet in this House upon Tuesday at two of the Clock in the Afternoon Richard Hutton Gentleman one of the Burgesses returned for the Borough of Southwark in the County of Surrey is upon a Motion made by M r Recorder of London and also after some Report made by M r Speaker of the opinion and pleasure of the Lord Keeper in that Case adjudged upon the question to be a Member of the House
amongst the poor Which it should seem they left with the said Serjeant upon Licence given them by M r Speaker to depart into the Country upon some necessary Occasions M r Finch one of the Committees in the two Bills touching Popish Recusants bringeth in both the same Bills with some Amendments which said Amendments being opened by him unto the House and afterwards read by the Clerk of the said House the same Amendments were Ordered by the House to be put into the same Bills accordingly The Bill concerning springing uses and perpetuities was delivered to M r Serjeant Harris one of the Committees appointed on Friday the 9 th day of this instant March foregoing And the Bill for the speedy Execution of Process appointed to be considered of on Thursday the 15 th day of this instant March foregoing was delivered to Mr. Dalton one of the said Committees On Monday the 19 th day of March Two Bills of no great moment had each of them one reading of which the first being the Bill concerning Iron Wier and Iron Wier-Works was read the first time Sir Francis Hastings one of the Committees in the Bill concerning the breadth of Plunkets Azures Blues and other Coloured Cloaths c. appointed on Friday the 16 th day of this instant March foregoing shewed that he and the residue of the Committees in the same Bill have met together and thought good to make some Addition to the said Bill and opening the contents thereof to the House and afterwards praying the same to be read it was after the reading Ordered to be inserted into the said Bill Mr. Speaker shewed unto the House that according to their late direction he hath moved the Lord Keeper for the speedy bringing up of one Mr. Tho. Fitzherbert and also for a Fine to be assessed by his Lordship upon Mr. Basset the Sheriff of Darbyshire according to the request of this House for his contempt in not returning the Body and Cause of Mr. Fitzherbet heretofore according to the Writ all which Mr. Speaker said his Lordship would willingly do Vide concerning this matter on Thursday the first day Friday the second day and on Saturday the seventeenth day of this instant March foregoing The Bill concerning the lawful Deprivation of Edward Bonner late Bishop of London had its third reading and after sundry Speeches some words were added to the end of the Bill and a Proviso also after those words so added were likewise read and presently inserted into the said Bill and three times read The said Bill in such sort amended was passed upon the Question Mr. Vice-Chamberlain one of the Committees touching the relief of the poor appointed on Monday the 12 th day of this instant March foregoing and for continuance of Statutes moved that for some present relief for poor Maimed and sick Souldiers a Collection might be had amongst the Members of this House at the rate of thirty shillings a piece for every one of this House being of her Majesties Privy-Council ten shillings a piece for every one returned a Knight for any Shire into this Parliament and every other being a Knight in Degree though returned but as a Burgess and every other of meaner degree that is returned for a Burgess at five shillings a piece And that all such as are departed without Licence pay double after the said rates Which was immediately upon the Question assented unto by the whole House accordingly Sir Robert Cecill one other of the same Committees liking well of the said course taken upon the said Motion made by the said Mr. Vice-Chamberlain moved further for some future continual contribution of relief for maimed sick Souldiers and Mariners and offered a Plot in Articles for a Bill to be framed to that purpose and prayeth the reading of the said Articles Which being thereupon read by the Clerk accordingly and well liked of by the House the said Articles were by Order of the House referred to the said former Committees whose names see before on Monday the 12 th day of this instant March foregoing to draw a Bill thereupon to that purpose accordingly Mr. Francis Bacon one other of the said Committees very well liking and much commending the said endeavours and Reports of the said Mr. Vice-Chamberlain and Sir Robert Cecill maketh a Report at large of the Conference of the Committees of this House had with the Committees of the Lords concerning the continuance of Statutes to about the number of twenty five or twenty six he said And so entring into the particularities thereof in sundry degrees whereof some were doubtful and some disputable amongst the said Committees on both sides it was thought sit for this time it should be left to further Conference amongst the said Committees accordingly The Bill concerning the assurance of certain Lands and Tenements to Read Stafford Esquire and Mabil his Wife and to the Heirs of the said Read was read the third time and passed upon the Question M r Calfeild M r Lewkenor Sir Humphrey Foster Mr. Valentine Knightley Mr. Finch Mr. Reynold Mr. Fulk Grevill and Mr. Broughton were added to the Committees for George Ognell appointed on Friday the 16 th day of this instant March foregoing The Bill and Committees names concerning Petite Larceny appointed on Friday the 16 th day of this instant March foregoing was delivered to Mr. Hubbert one of the said Committees And the Bill against Counterfeiting of Councellors hands c. committed on Saturday the 10 th day of this instant March foregoing was delivered to Sir John Wolley one of the said Committees In the Afternoon The Bill for granting of three intire Subsidies and six Fifteenths and Tenths to her Majesty was read the second time and the Proviso for the five Ports was then altered and also twice read The said Bill upon the question was Ordered to be ingrossed Nicholas Curwen and Wilford Rawson Esquires returned into this present Parliament Knights for the County of Cumberland are for their necessary Service in the affairs of her Majesty licensed to depart On Tuesday the 20 th day of March Three Bills had each of them one reading of which the last being the Bill touching the Sale of the Gray-Fryers in the Town of Cambridge was twice read and Ordered to be ingrossed By vertue of which said Bill upon the Sale of the said Friery the Colledge now called Sidney Sussex Colledge was built in the said University Mr. Cradock one of the Committees in the Bill for the better Execution of the Process and against Recusants committed on Thursday the 15 th day of this instant March foregoing shewed that he and the residue of the Committees have met together and upon good considerations have thought good to amend sundry things in the said Bill And opening unto the House the effects of some Amendments the same Amendments being thereupon read to the House it was Ordered upon the question that they should be inserted into the said Bill accordingly Sir John Wolley
certain places of aboad with the Amendments were first twice read and the Bill and Proviso upon the third reading passed upon the Question Sir Walter Raleigh one of the Committees in the Bill against Aliens retailing of Foreign Wares shewed the travels of the Committees and offereth unto the House the Bill with a Proviso And the Proviso being twice read the Bill and Proviso upon the Question were Committed again to the former Comittees and the Bill was delivered to M r Dalton one of the said Committees who were appointed to meet at two of the Clock in the Afternoon of this present day in the Exchequer Chamber On Monday the 26 th day of March Two Bills of no great moment had each of them one reading of which the last concerning Spinners and Weavers was upon the second reading committed unto M r Chancellor of the Exchequer Sir William Knowles Sir Moyle Finch Sir Francis Hastings and others and the Bill was delivered to Sir William Knowles who with the rest was appointed to meet to Morrow in the Afternoon in the Exchequer M r Speaker shewed that he had received a Bill Signed by her Majesty for the Restitution in Blood of Sir Thomas Parrot Knight Son and Heir of Sir John Parrot Knight deceased lately attainted of High Treason Whereupon The Bill for Restitution in Blood of Sir Thomas Parrot Son and Heir of Sir John Parrot Knight deceased Attainted of High Treason was twice read M r Vice-Chamberlain one of the Committees in the Bill concerning Lands late Sir Francis Englefields Knight attainted of High Treason who had been appointed on Thursday the 22 th day of this instant March foregoing shewed that he and the residue of the Committees in the same Bill have met together and for certain things considered therein by them touching some Misprisions and imperfections both in sence and in writing have thought good that the said Committees of this House might upon a Motion to be made unto the Lords for Conference touching the said Misprisions and Imperfections have Conference with their Lordships therein for that the same Bill came from their Lordships Which upon that motion was assented unto by the whole House accordingly And immediately after the Bill for restraining Popish Recusants to some certain places of aboad lately passed with some amendments in this House which before came from the Lords and the Bill also for Confirmation of the Joynture of the Lady Margaret Countess of cumberland which likewise lately passed in this House and did also before come from the Lords were sent up to the Lords by M r Vice-Chamberlain and others with Order furthermore of this House to move their Lordships for the said Conference touching the said Misprisions and Imperfections in the Bill touching the said Lands lately the said Sir Francis Englefields The Bill for the bringing of fresh water to the Town of Stonehouse was upon the second reading committed unto Sir Francis Drake M r Edgecombe Sir Thomas Conisby M r Dalton and others who were appointed to meet to Morrow at two of the Clock in the Afternoon in the Exchequer Chamber The Bill for the Haven of Plymouth and the Bill for the Inning of Plimpton Marsh were each of them read the second time and committed to the former Committees in the Bill for the Town of Stonehouse to meet at the same time and place and the Bills were both of them delivered to Sir Francis Drake one of the said Committees The Bill concerning the Lands of Henry late Lord Burgavenny had its third reading and the amendments were also read the third time and the Bill with the Amendments passed upon the Question The Bill touching the Assize of Fuel was upon the second reading committed unto M r Humphrey Conisbie M r Fanshaw M r Wroth and others and the Bill was delivered to M r Fanshaw who with the rest was appointed to meet this present day at two of the Clock in the Afternoon in the Exchequer Chamber M r Serjeant Owen and M r Doctor Ford do bring word from the Lords that their Lordships according to the request of this House have assented unto the Conference demanded touching the said Bill concerning the Lands late Sir Francis Englefields lately Attainted of High Treason and that their Lordships have appointed the time to be to Morrow Morning at eight of the Clock at the accustomed place The Bill to give liberty to the Lord Harowden to sell certain Lands for the payment of his debts had its first reading M r Serjeant Owen and M r Doctor Ford do bring word from the Lords that touching the amendments of this House in the Bill which first passed in the Upper House and was afterwards sent down unto this House for restraining of Popish Recusants to some certain places of aboad and then passed in the House with some Amendments and sent unto their Lordships this present day their Lordships do desire that these Committees of this House which are appointed to have Conference with their Lordships to Morrow touching the said Bill concerning the Lands late Sir Francis Englefields may also have Authority from this House at the same time and place to have Conference likewise with their Lordships touching the said Amendments of this House in the said Bill for restraining Popish Recusants to some certain places of aboad Which afterwards upon the Return of that Message made unto that House by M r Speaker was assented unto by the whole House accordingly and so signified also unto the said Mr. Serjeant Owen and Mr. Doctor Ford. On Tuesday the 27 th day of March Mr. Fuller one of the Committees in the Bill for repealing of a branch of a Statute made in quarto quinto Phil. Mar. intituled An Act touching the making of Woollen Cloath shewed the Travel of the Committees in the same Whereupon after some other speeches then moving the House the said Bill was recommitted to the former Committees who had been appointed on Wednesday the 14 th day of this Instant March foregoing to meet again this Afternoon The Bill touching the true and lawful Assizing of Bread was read the second time and upon the doubtfulness of the Voices whether it should be Ingrossed or no was upon the Question by the division of the House rejected with the difference of twenty seven Voices viz. with the Yea sixty five and with the No ninety two The Bill to make void the Spiritual Living of those that have forsaken the Realm and do cleave unto the Pope and his Religion was twice read and Ordered to be ingrossed The Bill against Strangers retailing of Foreign Wares was read the third time and after many long Speeches both with the Bill and against the Bill passed upon the Question by the division of the House with the difference of fourscore Voices viz. with the Yea a hundred sixty two and with the No eighty two Vide concerning this business on Tuesday the 6 th day on Tuesday the 20 th day Wednesday the
Puckering deceasing in A. D. 1596. the Custody of the Great Seal was committed unto Sir Tho. Egerton then her Majesties Attorney General who at this present and many years after supplied that place Neither finally doth this ensuing Journal want either matter of rarity in respect of the Lord La Ware 's right setling in his former place which had been for a while discontinued or matter of very good Precedent in respect of some Questions that arose betwixt the two Houses touching the manner and form of the Lord Keeper's delivering the Answer of the Lords to such Members of the House of Commons as should at any time be sent up unto their Lordships with any Message or Bill Before the particular Relation of each days passages in this present Parliament be inserted out of the Original Journal-Book of the Upper House the extraordinary and unusual Proxies entred also at the beginning thereof which had been returned and delivered in unto the Clerk of the said House during the continuance of the same are here in the next place to be transcribed and set down all of them together and cannot be so orderly digested and referred to each day on which they were returned as formerly they have been For whereas before this Parliament Henry Spilman and Anthony Mason Esquires who had been successively Clerks of the said Upper House did usually enter the said Proxies at the beginning of each Journal upon the days on which they were introducted or returned Now Thomas Smith Esquire succeeding the said Anthony Mason did only generally enter them at the beginning of this present Journal as had been formerly accustomed without any distinct setting down the several days on which they had been introducted delivered unto him Which course having been also since followed unto this present year 1629. the said Proxies can be no more referred to their proper days but must be once for all generally set down in this present Journal and in divers others ensuing before the beginning of the said Journal in manner and form following Literae procuratoriae in hoc Parliamento sunt allatae Archiepiscopi Eboracen ' Matthaei c. qui Procuratores suos constituit Johannem Archiepiscopum Cantuarien ' Richardum Episcopum London ' Tobiam Episcopum Dunelmen ' Richardum Episcopum Cestren ' conjunctim divisim Nota That whereas there is an c. after the word Matthaei in the Proxy foregoing it seemeth that these words are left out viz. absentis ex licentia Dominae Reginae and so if nothing had been omitted the said Proxy as may very probably be conjectured should have been thus inserted Archiepiscopi Eboracen ' Matthaei absentis ex licentia Dominae Reginae qui Procuratores c. as is before set down Nota also That these Proxies are all entred in the Genitive Case and must therefore be severally referred to those foregoing words viz. Literae Procuratoriae in hoc Parliamento sunt allatae Tobiae Episcopi Dunelmen ' qui Procuratores suos constituit Richardum Episcopum London ' Johannem Episcopum Wintonien ' Herbertum Episcopum Hereforden ' conjunctim divisim Johannis Episcopi Carliolen ' qui Procuratorem suum constituit Johannem Archiepiscopum Cantuarien ' Willielmi Episcopi Asaphen ' qui Procuratores suos constituit Johannem Archiepiscopum Cantuarien ' Richardum Episcopum London ' Johannem Episcopum Bathon ' Wellen ' conjunctim divisim Willielmi Episcopi Lincoln ' qui Procuratorem suum constituit Johannem Archiepiscopum Cantuarien ' Herberti Episcopi Hereforden ' qui suos Procuratores constituit Episcopos Roffen ' Coventr ' Litchfield ' Norwicen ' Antonii Episcopi Meneven ' qui Procuratores suos constituit Episcopos Wigorn ' Bathon ' Wellen ' Norwicen ' Note that the Bishops Proxies are set before the Proxies of the Temporal Lords not because as I suppose they were all returned first but because of their Ecclesiastical Dignity and in respect that the Archbishop of Canterbury one of their Order is the first Peer of the Realm Whence also their names are usually first set down in the Journal-Book where the presence of the Lords is noted each day when they sit as long as the Parliament continueth There were also nine Temporal Lords which this Parliament sent their Proxies but in respect that according to the common use each of them constituted but one Proctor apiece they are omitted as not worthy the observation Only the last of them being the Lord Willoughbies Proxy of Eresby I thought good to have inserted because some exotick Titles are given him it it viz. Peregrini Domini Willoughby Beake Eresby qui suum Procuratorem constituit Edwardum Dominum Zouch Nota That all the foregoing Proxies which were sent from the Bishops were extraordinary or unusual Proxies in which a Spiritual Lord did constitute but one Proctor or more than two whereas usually the Bishops do constitute two Proctors apiece and the Temporal Lords but one And now the aforesaid Proxies being thus inserted the particular relation of some Passages of each day during the continuance of this Parliament are in the next place transcribed out of the Original Journal-Book of the Upper House and some part also now at the very beginning out of a certain fragmentary and imperfect Journal of the House of Commons taken at this Parliament by a Member of the same On Monday the 24 th day of October the Parliament began and her Majesty with the greatest part of the Nobility and others in great state and comely manner came from her Palace of Whitehall towards Westminster Church about one of the Clock in the Afternoon riding in a Chariot open all covered over head Canopy-wise with Cloth of Tissue or Cloth of Silver Where after she had heard a Sermon she went on foot to the Parliament House The Lords Spiritual and Temporal present this day in the Upper House with her Majesty are set down in the Journal-Book to be these Johannes Archiepiscopus Cantuarien ' Thomas Egerton Miles Dominus Custos magni Sigilli Dominus Burleigh Dominus Thesaurarius Angliae Marchio Winton ' Comites Comes Sussex Magnus Marescallus Comes Nottingham Magnus Senescallus Comes Northumbr ' Comes Salop ' Comes Kantiae Comes Wigorn ' Comes Cumberland Comes Bedford Comes Hartford Comes Lincolniae Vice-Comes Bindon Episcopi Episcopus London ' Episcopus Winton ' Episcopus Roffen ' Episcopus Covent ' Litchf Episcopus Gloucestren ' Episcopus Peterburgen ' Episcopus Hereford Episcopus Wigorn ' Episcopus Bathon ' Wellen ' Episcopus Meneven ' Episcopus Norwicen ' Episcopus Lincoln ' Episcopus Landaven ' Episcopus Cestren ' Episcopus Cicestren ' Barones Dominus Hunsdon Camerar ' Dominus Zouch Dominus Berkley Dominus Morley Dominus Cobham Dominus Stafford Dominus Scroope Dominus Dudley Dominus Lumley Dominus Darcy de Menell Dominus Sands Dominus Windsor Dominus Cromwell Dominus Wharton Dominus Rich. Dominus Willoughby de Parham Dominus Sheffield Dominus
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
away of Women against their Wills unlawfully together with the Proviso annext unto it by the consent of the House was read tertiâ vice and afterwards sent down to the House of Commons that the Proviso there might be considered of And so the Parliament continued till Saturday the 19 th day of November at nine of the Clock On which day the Bill touching the School of Sevenoake was read primâ vice Report was made to the House by the Lord Treasurer what had been done by the Committees upon the Bill concerning Tellors and Receivors which said Bill had been yesterday committed upon the second reading although the mention of the said reading and Commitment be purposely omitted and the same Committees appointed to meet again at the former place to Morrow at four of the Clock in the Afternoon to make perfect the said Bill to be presented again to the House The absence of the Lord Marquess and the Earl of Huntingdon were severally excused for want of health by two of the Temporal Lords and the like excuse was delivered by the Bishop of Norwich for the Bishop of Chichester's absence Report was made by the Lord Keeper that the Earl of Essex received not his Writ of Summons until yesterday the 17 th day of this Month through the negligence of the Messenger unto whom the same was delivered and now his Lordship wanting health to give his Attendance desireth to be excused of his absence the Earl of Worcester and the Earl of Southampton testifying his sickness Introductum est breve Radulphi Domini Evers quo praesenti Parliamento interesse summonebatur admissus est ad suum praeheminentiae sedendi in Parliamento locum salvo jure alieno On Monday the 21 th day of November to which day the Parliament had been last continued on Saturday foregoing Two Bills of no great moment had each of them one reading of which the first being the Bill concerning the confirmation and establishment of the deprivation of divers Bishops in the beginning of her Majesties Reign was read primâ vice Several Writs of Summons of the Earl of Huntingdon and Rutland were brought in Relation was made by the Lord Treasurer upon the Bill concerning Tellors and Receivors c. of the doubts and questions that had been moved and debated among the Committees touching certain Provisoes and Causes thought on for the Amendment of the said Bill And the said Committees appointed by the House to meet again for further Conference to Morrow at the little Chamber near the Chamber of Parliament presence Vide concerning this Bill on Saturday the 19 th day of this instant November foregoing On Tuesday the 22 th day of November Two Bills of no great moment had each of them one reading of which the first being the Bill for the establishment of the new Colledge of the Poor of Cobham in the County of Kent was read primâ vice Three Bills also of no great moment were each of them sent up to the Lords from the House of Commons of which the first was an Act formerly sent to them with a Proviso from this House thereunto added concerning taking away of Clergy from Offenders that take away Women against their Wills unlawfully The Committees upon the Bill of Tellors Receivors c. meeting at the little Chamber near the Chamber of the Parliament presence and conferring on the Bill and the Provisoes that were thought on and came in question among them by reason of sundry doubts that were moved did refer the Bill to her Majesties Attorney General to be reviewed Vide more of this on Saturday the 19 th day and on Monday the 21 th day of this instant November foregoing On Thursday the 24 th day of November to which day the Parliament had been last continued on Monday foregoing Five Bills had each of them one reading of which the third being the Bill for the better Explanation and confirmation of the Act made in the thirteenth year of her Majesties Reign was read primâ vice This Bill was reviewed by M r Attorney by the appointment of the Committees on Tuesday the 22 th day of this instant November foregoing who then referr'd it unto him and was now brought in instead of the former Bill touching which see before on Saturday the 19 th day and on Monday the 21 th day of November aforesaid And the fifth being the Bill for the repeal of a Statute made in the twenty third year of her Majesties Reign Intituled An Act for the encrease of Mariners and maintenance of Navigation was read tertiâ vice and committed unto the Earl of Nottingham Lord Admiral the Earl of Worcester the Earl of Southampton the Bishop of London the Bishop of Winchester the Bishop of Norwich the Lord Hunsdon Lord Chamberlain the Lord Cobham the Lord Mountjoy and M r Justice Walmesley M r Serjeant Drew and M r Attorney were appointed to attend the Lords Vide November 7 th antea On Saturday the 26 th day of November to which day the Parliament had been last continued on Thursday foregoing Three Bills had each of them one reading of which the last being the Bill for the better explanation and execution of the Act made in the thirteenth year of the Queens Majesties Reign touching Tellors and Receivors was read the third time and commanded to be ingrossed A Serjeant at Arms was appointed to be sent for William Wood and one Stephenson a Serjeant in London who Arrested Edward Barston the Lord Chandois Servant contrary to the priviledge of this House The Bill for the repeal of a Statute made in the twenty third year of her Majesties Reign Intituled An Act for the encrease of Mariners and maintenance of Navigation was brought into the House by the Committees whose names see before on Thursday the 24 th day of this instant November foregoing with an Amendment thought sit to be put into the Bill And the Amendment being thrice read the Bill was appointed to be fixed in a Schedule to the Bill On Monday the 28 th day of November to which day the Parliament had been last continued on Saturday foregoing The Bill for the better explanation and execution of the Act made in the thirteenth year of the Queens Majesties Reign concerning Tellors and Receivors was read tertiâ vice and sent to the House of Commons by M r Attorney General and D r Stanhop The Bill that was sent from the House of Commons with this Title viz. An Act for the Repeal of a Statute made in the twenty third year of her Majesties Reign Entituled An Act for the encrease of Mariners and maintenance of Navigation was after the third reading returned again to the said House for their consideration and allowance as well of another Title thought more fit by the Committees to be given thereunto viz. An Act for encrease of Mariners and for maintenance of the Navigation repealing a former Act made in the twenty third year of her Majesties Reign bearing
the same title as also of some Amendments in the Body of the Bill added by the Committees whose names see on Thursday the 24 th day of this instant November foregoing by M r Attorney General and D r Carew The Bill touching the School of Seavenoake was brought in by the Committees who were appointed to meet on Monday the 21 th day of this instant November foregoing although their names and the Commitment of the said Bill upon the second reading be there purposely omitted as matter of small consequence without alteration and commanded to be ingrossed On Thursday the first day of December to which day the Parliament had been last continued on Saturday foregoing The Bill concerning the School of Seavenoake was read tertiâ vice and sent to the House of Commons by M r Serjeant Drew and M r D r Stanhop The Bill for the establishing the Town Lands of Wanting c. was brought in by the Committees who were appointed on Saturday the 26 th day of this instant November foregoing although their names and the Commitment of the said Bill upon the second reading be there purposely omitted as matter of small consequence with a Proviso by them thought fit to be added thereunto which Proviso was twice read The Parties that Arrested the Lord Chandois Servant Edward Barston viz. William Wood and one Stephenson a Serjeant with two others were brought into the House by the Serjeant at Arms and upon some notice taken of the matter M r Justice Owen and M r Serjeant Drew were appointed to examine the same and to make report thereof to the Lords Vide concerning this matter on Saturday the 26 th day of this instant November foregoing The Lord Hunsdon Lord Chamberlain took his place this day as Baron of Hunsdon betwixt the Lord Chandois and the Lord S r John of Bletso On Saturday the third day of December to which day the Parliament had been last continued on Thursday foregoing the Bill for the establishing of the Town Lands of Wanting in the County of Berks was read tertiâ vice and sent to the House of Commons by M r Serjeant Drew and M r Attorney for their consideration of a Proviso thought fit to be added by the Committees Five Bills were sent up to the Lords from the House of Commons of which the first was the Bill for the encrease of Mariners and for maintenance of the Navigation repealing a former Act made in the twenty third year of her Majesties Reign bearing the same title which said Bill was sent from the Lords to the House of Commons for their consideration and allowance of the title and some Amendments in the Body of the Bill A second being the Bill for erecting of Hospitals or abiding and working Houses for the Poor was read primâ vice Two Bills also of no great moment had each of them one reading of which the first being the Bill for the better and safer Recording of Fines to be levied in the Court of Common Pleas was read primâ vice Upon the Report of M r Justice Owen and M r Serjeant Drew unto whom the Examination of the matter was committed concerning the Arresting of Edward Barston Servant to the Lord Chandois by one Stephenson a Serjeant of London at the Suit of one William Wood these two being found and judged to have willfully offended therein against the priviledge of the House were committed and sent to the Prison of the Fleet there to be kept close Prisoners until further direction should be given by the Lords of Parliament And whereas the two others were this day brought into the House before the Lords and supposed to be partakers of the same offence they upon Examination being found not to have wilfully committed any fault therein were dismissed and Order given accordingly by the Lords for their discharge in that behalf And also for the discharge of Edward Barston out of the Prison of the Counter Vide concerning this matter on Saturday the 25 th day of November foregoing and on Thursday the first day of this instant December last past as also on Monday the 5 th day of this said December following as also on Wednesday the 14 th day of the same Month. On Monday the 5 th day of December to which day the Parliament had been last continued on Saturday foregoing Six Bills of no great moment were brought up to the Lords from the House of Commons of which the first was the Bill for erecting Houses of Correction and Punishment of Rogues and Sturdy Beggars And the second being the Bill to restrain Brewers to keep two Coopers and no more was read primâ vice The Bill for the Confirmation of the Jointure of Christian Lady Sands was read primâ vice Four other Bills also of no great moment were read secundâ vice and thereupon Committed The absence of the Earl of Essex Lord Viscount Bindon Earl of Cumberland Lord Scroope Lord Willoughby of Eresby Bishop of Rochester excused by the Lord Rich. Lord Chandois Lord Wharton Lord Zouch Bishop of Bath and Wells This day Order was given for the Release of Stephenson the Serjeant that arrested the Lord Chandois his Servant Vide concerning this matter on Saturday the 26 th day of November last past as also on Thursday the 1. day and on Saturday the 3. day of this instant December foregoing On Tuesday the 6 th day of December Two Bills of no great moment had each of them one Reading of which the first being the Bill for erecting of Houses of Correction for punishment of Rogues Vagabonds and sturdy Beggars was read secunda vice The Committees in the Bill Entituled An Act for the better and safe Recording of Fines to be levyed in the Court of Common Pleas who were appointed yesterday although their names and the Commitment of the said Bill upon the second reading be there purposely omitted as a matter of small consequence returned the same to the House with some Amendments which Amendments were twice read and the Bill commanded to be ingrossed On Wednesday the 7 th day of December Seven Bills of no great moment had each of them one reading of which the first being the Bill for Confirmation of the Jointure of Christian Lady Sandes was read secunda vice and commanded to be ingrossed and the second being the Bill for the better and safer Recording of Fines to be levied in the Court of Common-Pleas was read tertiâ vice and sent down to the House of Commons by M r Attorney and D r Stanhop Hodie retornatum fuit breve Thomae Domini Howard de Walden On Thursday the 8 th day of December Two Bills of no great moment had each of them one reading of which the first being the Bill for the enabling of Edmund Mollineux Esquire to sell Lands for the payment of his Debts and Legacies was read prima vice And the second being the Bill for confirmation of the Jointure of Christian Lady Sandes was read tertiâ vice and
Journal-Book of the Upper House viz. Die Mercurii viz. undecimo die Januarii to which day the Parliament had been last Adjourned on Tuesday the 20 th day of December foregoing Domini tam Spirituales quà m Temporales quorum nomina subsequuntur praesentes fuerunt Archiepiscopus Cantuarien ' Thomas Egerton Miles Custos magni Sigilli Dominus Burleigh Dominus Thesaurar Angliae Comites Comes Essex Magnus Marescallus Angliae Comes Nottingham Magnus Seneschallus Comes Northumbr ' Comes Salopiae Comes Darbiae Vice-Comes Bindon Episcopi Episcopus London Episcopus Roffen ' Episcopus Peterburgen ' Episcopus Bathon ' Wellen ' Episcopus Landaven ' Episcopus Cestren ' Episcopus Cicestren ' Barones Dominus Hunsdon Camerarius Dominus Zouch Dominus La Ware Dominus Cobham Dominus Stafford Dominus Grey de Wilton Dominus Scroope Dominus Stourton Dominus Sandes Dominus Wharton Dominus Rich. Dominus Darcy de Chich. Dominus North. Dominus Buckhurst Dominus Compton Nota That though I do usually observe in all these Journals never to have the presence of the Lords transcribed but at the beginning only of a new Parliament or at least a new Session yet I have observed it here though but at the beginning of a new meeting in respect that the presence of the Lords before set down at the beginning of this Parliament on Monday the 24 th day of October being much greater than that of this day could not serve to be any rule for the presence of those that attended at this new meeting which is for the most part the chiefest reason why the presence of the Lords is marked on the first day of the Parliament or on the next day from the first on which they be noted if through the Clerk of the Upper House his negligence as it often happeneth it be 〈◊〉 〈◊〉 the said day A second but less material cause why I have their names transcribed is to see the due places and precedences of the Lords Temporal This Wednesday as soon as the Lords were set it should seem that the Earl of Essex having been created Earl Marshall the 28 th day of December last before this instant took his place according to his said Office viz. next after the Earl of Oxon Chamberlain of England and before the Earl of Nottingham Lord Steward and Lord Admiral The said Earl Marshal having taken his 〈◊〉 as aforesaid was added to the Committees in the Bill intituled An Act for encrease of people for the service and defence of the Realm who were appointed on Tuesday the 20 th day of December foregoing His Lordship also was added to the Committees upon the Bill for the relief of the Poor in times of extream dearth who were appointed to meet at the great Council Chamber at Whitehall upon Friday the 13 th day of this instant January following by two of the Clock in the Afternoon The Committees upon the Bill concerning Broakers and Pawntakers were appointed to meet at the great Council Chamber c. upon Friday the 13 th day of this instant January following by two of the Clock in the Afternoon The Bill for maintenance of Husbandry and Tillage was read secunda vice and referred to the same Committees which are for the Bill for encrease of people c. who were appointed to meet at the great Council Chamber c. on Tuesday the 20 th day of December foregoing and to meet at the same time and place Three Bills had each of them one reading of which the first being the Bill for recovery of three hundred thousand Acres of waste Marish and watery grounds in the Isle of Ely and the Counties of Cambridge Huntington Northampton Lincoln Norfolk and Suffolk was read secundâ vice and committed unto the Lord Treasurer the Earl of Essex Lord Marshal the Earl of Nottingham Lord Admiral the Bishop of Peterborough the Bishop of Bath and Wells the Bishop of Norwich and the Bishop of Chichester the Lord Hunsdon Lord Chamberlain the Lord De la Ware the Lord Cobham the Lord Rich the Lord Darcie of Chich the Lord North and the Lord Buckhurst and M r Justice Gaudie and M r Serjeant Drew to attend their Lordships All which were appointed to meet at the little Chamber near the Chamber of Parliament presence on Saturday the 14 th day of January following in the Morning before the House sit On Thursday the 12 th day of January the Bill entitled An Act for encrease of People for the service and defence of the Realm was returned unto the House by the Committees who were appointed on Tuesday the 20 th day of December foregoing and a Motion was made by the Lord Arch-Bishop of Canterbury the first of the Committees that a Conference might be had with a competent number of chosen persons of the House of Commons for the better perfecting of the Bill Whereupon M r Attorney and M r Doctor Stanhop were addressed to the House of Commons with a Message to that effect and the time and place of meeting desired to be at the great Council Chamber at the Court at Whitehall to Morrow being the 13 th day of this instant January ensuing by two of the Clock in the Afternoon Certain Select Committees who were chosen by the House of Commons concerning the said Bill for increase of People c. were sent to the Lords signifying their allowance of the time and place appointed for meeting about that Bill and desired in the mean time to have delivered unto them in writing such Objections as their Lordships do make unto the said Bill to the end they might be the more ready to deliver their Opinions and resolutions at the said meeting The Lords having considered of this Motion thought it unfit and not agreeable to the Order of this House to deliver the same in writing And therefore agreed that answer should be made that if upon verbal Conference they should remain unsatisfied touching the said Objections then they should have the same delivered unto them in writing for their further consideration thereof Which answer was presently notified to the said select Committees And in the mean season the Judges were required to set down the said Objections in writing that it might be in readiness for the said Committees of the House of Commons if upon the verbal Conference they should not be satisfied Vide concerning this matter on Saturday the 14 th day of this instant January following Three Bills of no great moment had each of them one reading of which the last being the Bill for the making of Bayes in the Counties of Essex and Suffolk was read secundà vice and committed unto the Lord Treasurer the Earl of Essex Lord Marshal the Bishop of Norwich the Lord Hunsdon Lord Chamberlain the Lord Rich the Lord North and the Lord Buckhurst and the Lord Chief Baron and M r Attorney General to attend their Lordships Vide concerning this Attendance of the Judges on Monday the 7 th day of November
11 th day of this instant January foregoing were appointed to be brought into the House to Morrow Morning by the Lord Chief Justice of England The Lord Buckhurst signified That upon a Letter written unto him by the Lord Marquess of Winchester notifying his present sickness whereby he was not able to give his Attendance as yet the said Lord Buckhurst having moved her Majesty therein according to the request of the said Lord Marquess it pleased her Majesty to hold him excused for the present until his recovery and commanded that he should then give his Attendance On Thursday the 19 th day of January the Bill for reforming of certain abuses touching Wine Casks was read secundâ vice and commited unto the Lord Burleigh Lord Treasurer the Earl Marshal the Earl of Nottingham Lord Admiral the Bishop of Rochester the Bishop of Chichester the Lord North the Lord Buckhurst the Lord Howard of Walden and M r Justice Owen and M r Serjeant Drew to attend their Lordships Vide concerning this attendance of the Judges on Monday the 7 th day of November foregoing which said Committees were appointed to meet at the little Council Chamber at the Court at Whitehall at three of the Clock in the Afternoon Certain Amendments and a Proviso was brought into the House and delivered by the Archbishop of Canterbury the first of the Committees upon the Bill of Maintenance of Husbandry c. and the same being twice read were commanded to be ingrossed Answer was returned in writing from the House of Commons and delivered by certain Knights and Burgesses sent for that purpose unto the Objections taken by their Lordships to some Points of the Bill intituled An Act for the increase of People for the service and defence of the Realm which objections were also formerly delivered unto them in writing upon their request made unto their Lordships Certain selected Persons of the House of Commons viz. Sir William Knolls and Sir Edward Hobby Knights with divers others coming from the said House of Commons in delivered a Message signifying that the said Knights and Burgesses desired to receive satisfaction from the Lords concerning an Innovation as the said Knights and Burgesses supposed very lately begun in the Upper House in delivering of an Answer from the Lords by the Mouth of the Lord Keeper in other form and manner than was pretended by the Knights and Burgesses to have been in former times used and as they did interpret it to the prejudice and derogation of the liberty of the House of Commons For whereas on the fourteenth day of this instant January foregoing Sir Walter Raleigh Knight with divers others of the said House of Commons were sent up to the Lords to deliver a certain Message to the House after Consultation had thereon by the Lords and after signification given to the said Sir Walter Raleigh and the rest staying in the outward Room for Answer that they might come in to receive the same it was thought meet that the Lord Keeper should deliver the said Answer sitting in his place and all and every of the Lords keeping their places and not going down to the Bar as the use and form is when the Lords either receive Bills or Message from the House of Commons and as the Lord Keeper had done once or twice before by Error or not attending the Formality and Order of the House in that Point This was the Exception taken by the Message delivered this day from the Knights and Burgesses of the same House of Commons wherein they desire to receive satisfaction as is before mentioned Upon which Message the Lords having consulted and delivered their Opinions touching the said Order and Custom of the House as it had been observed and particularly noted and remembred by some of them that were the most ancient and of longest continuance in Parliaments and especially by the Lord Burleigh Lord Treasurer the most ancient Parliament man of any that were at that time present either of the Upper House or House of Commons and likewise by the Lord Archbishop of Canterbury and by the Lord Admiral the Lord North the Lord Buckhurst and others that had been present in many Parliaments It was resolved that the Order and usage of the House was and is That when any Bills or Messages be brought from the House of Commons to be preferred to the Upper House the Lord Keeper and the rest of the Lords are to arise from their places and to go down to the Bar there to meet such as come from the said House of Commons and from them to receive in that place their Messages or Bills But contrariwise when any Answer is to be delivered by the Lord Keeper in the name and behalf of the House to such Knights and Burgesses as came from the House of Commons the said Knights and Burgesses are to receive the same standing towards the lower end of the said Upper House without the Bar and the Lord Keeper is to deliver the same sitting in his place with his head covered and all the Lords keeping their places and that whensoever it had been otherwise done it had been by error and mistaking and therefore not to be drawn into an Example or Precedent as it was acknowledged by the Lord Keeper this day and the rest of the Lords that the going of the said Lord Keeper and the rest of the Lords from their places to the Bar some few days before once or twice to give Answer to some of the House of Commons whereof the said House of Commons seemed to take some advantage was only by miscognizance or rather for want of due remembrance at that present of the Order and Custom of the House whereunto their Lordships having regard rather to dispatch of matters of importance in the House than to formalities were not greatly intentive This to have been the ancient usage of the House and that the same ought still to be was concluded by common and general consent both upon particular remembrances and observations of the like course and Order holden aforetime by other Lords that held the place in the House of Lord Chancellor or Lord Keeper and also by divers reasons produced and alledged to prove and shew that the said Order doth best stand with the dignity and gravity of the House and with the conveniency and aptness for dispatch of affairs appertaining to the Parliament and that the contrary course is both undecent and inconvenient This being so resolved and concluded it was agreed that M r Attorney General and Mr. Serjeant Drew should go down to the House of Commons and signify from the Lords to the Knights and Burgesses That if they would send any of that House up to the Lords to receive Answer unto their aforesaid Demands Answer should be given them Whereunto the said Knights and Burgesses returned signification of their assent by the said M r Attorney General and M r Serjeant Drew And in very little time after sent up
unto by the House of Commons with a competent number of them The Councel Learned on part of George Ognell and on the behalf of the Hospital of Warwick c. were openly heard in the House Vide concerning this business on Monday the 16 th day Tuesday the 17 th day and Friday the 20 th day of this instant January foregoing Excuse was made by the Bishop of London for the Bishop of Norwich in regard of his unhealthiness The Committees in the Bill for punishment of Rogues Vagabonds c. who were appointed on Saturday the 21 th day of this instant January foregoing returned the same to the House with some Amendments by the Lord Archbishop of Canterbury and the Lord Chief Justice required to consider of the Amendments Two Bills were brought up to the Lords from the House of Commons of which the first being that Lessees may enjoy their Leases against all Patentees their Heirs and Assigns notwithstanding any default of payment of their Rents during the time that the Reversion or Inheritance remained in the Crown was presented by Sir Robert Cecill and others On Tuesday the 24 th day of January Three Bills of no great moment had each of them their first reading of which the first was that no person robbing any House in the day although no person be therein shall be admitted to have benefit of Clergy The Bill Entituled An Act for reforming of sundry abuses committed by Souldiers and others used in her Majesties Services concerning the Wars was returned by the Lord Marshal second of the Committees with sundry Amendments thought meet to be added which Amendments were presently twice read and after consideration thereof had and much debate whether the Bill should so pass or no it was thought necessary to be recommitted to the said Committees who were appointed on Monday the 16. day of this instant January foregoing and the time and place appointed presently at the little Chamber near the Parliaments presence The Bill was brought in again with the same Amendments and no Alteration and thereupon commanded to be engrossed The Bill entituled An Act for the relieving of Clothiers concerning the weight of short broad and coloured Cloths to be made within the Counties of Suffolk and Essex was returned to the House by the Earl of shrewsbury the first of the Committees who made Report that upon hearing of both Parties and upon due consideration of the reasons and allegations by them alledged the Committees thought there could not be any further proceedings in the same Whereupon a new Bill was presented bearing this Title viz. An Act touching the making of short broad course coloured Cloths in the Counties of Suffolk and Essex which was presently read primâ vice The Bill for punishment of Rogues Vagabonds c. was brought into the House by the Lord Chief Justice with certain Amendments It was debated in the House whether Amendments upon a Bill being brought into the House by the Committees may afterwards be contradicted or spoken against by any of the Committees but the doubt was left for the present unresolved Vide on Thursday the 12 th day of November in the Parliament de Anno 43 Regin Eliz. where this doubt was cleared and ruled affirmatively On Wednesday the 25 th day of January Three Bills had each of them one reading of which the last was the Bill that Lessees may enjoy their Leases against all Patentees their Heirs and Assigns notwithstanding any default of payment of their Rents during the time that the Reversion or Inheritance remained in the Crown Sir Moile Finch to be heard by his Councel Learned to Morrow openly in the House concerning this Bill Four Bills of no great moment were brought up to the Lords from the House of Commons of which the first was the Bill for maintenance of Husbandry and Tillage Two Bills had each of them one reading of which the first being the Bill for reforming of sundry abuses by Souldiers and others used in her Majesties Services concerning the Wars was read tertiâ vice The Earl Marshal informing that the Committees upon the Bill for the lawful making of Bays c. who had been appointed on Thursday the 12 th day of this instant January foregoing had not time at the day formerly assigned and moving for a new day to be appointed for their meeting the House appointed that the said Committees should meet for that purpose this Afternoon at the said Earl Marshals Chamber Notice was given to the House by the Lord Treasurer that the Committees upon the Bill concerning Tellors Receivors c. had a meeting with a select number of the House of Commons to confer upon the Objections and Answers touching that Bill Yesterday in the Afternoon according to the Order taken the 23 th day of January But for as much as the said number of the House of Commons at the meeting affirmed that they had no Authority to undertake the debating of the said Objections and Answers otherwise than to speak as they should see cause as private men and desired that the Answer might be communicated to the said Commons in writing the Lords therefore sent down the said Answers to the House of Commons by the hands of M r Attorney General and M r Doctor Stanhop The Committees upon the Bill concerning the draining of Waste and Marish grounds and who had been appointed on Wednesday the 11 th day of this instant January foregoing were appointed to meet at the Earl Marshals Chamber this day by two of the Clock in the Afternoon The Amendments upon the Bill for punishment of Rogues Vagabonds c. were twice read And thereupon the Bill with the said Amendments was commanded to be engrossed On Thursday the 26 th day of January the Bill to enable Edward Mollineux to sell his Lands for the payment of his debts c. was returned by the Earl Marshal the second of the Committees by reason of some of the Kindred of the said Edward Mollineux who opposed themselves against the Bill A Motion was therefore made that the Cause might be ended by some Arbitrary Course Whereupon the Parties on both sides were called into the House and moved to that purpose unto which they assented and made choice of the Earl of Rutland the Lord Bishop of London and the Lord Mountjoy who were appointed to meet this Afternoon Vide concerning this matter on Tuesday the 17 th day of December foregoing Six Bills of no great moment had each of them one reading of which the fifth being the Bill for punishment of Rogues Vagabonds and Sturdy Beggars was read tertiâ vice and sent down to the House of Commons by M r Serjeant Drew and M r Attorney General The Bill for the lawful making of Bayes c. was returned by the Earl Marshal the second of the Committees with a Proviso thought meet to be added which Proviso was twice read and commanded to be engrossed The Bill to reform deceits and breaches of
Trust touching Lands given to Charitable uses was returned to the House by the Archbishop of Canterbury the first of the Committees with some Amendments and a Proviso thought meet to be added which were twice read and thereupon Commandment given that the said Amendments should be written in Paper and the Proviso engrossed in Parchment ready for a third reading Upon a Motion by the Earl Marshal that the Committees in the Bill against lewd and wandring persons who were appointed Yesterday had not convenient time this Morning to perfect the said Bill according to the Order of the House agreed upon Yesterday their Lordships appointed the said Committees to meet again about the same to Morrow Morning before the House sit The Bill entituled An Act for the encrease of people for the service and defence of the Realm was returned to the House by the Earl of Shrewsbury the first of the Committees And because it seemed to all the Committees appointed for this Bill together with the Judges that notwithstanding the Conference with divers selected persons of the House of Commons this Bill could not proceed Order was given to the Judges and especially to the Lord Chief Justice to draw a new Bill Whereupon this new Bill following was brought into the House The Bill against decaying of Towns and Houses of Husbandry was read primâ vice The Bill against carrying of Pelts c. was returned into the House by the Earl Marshal Excuse was made by the Lord Admiral for the Earl of Hereford's absence for want of health The like excuse by the Lord Chandois for the Lord La Ware The Earl Marshal signified unto the House that the Lord Mordant and the Lord Sheffeild have leave of her Majesty for their absence On Friday the 27 th day of January Two Bills of no great moment had each of them one reading of which the first being the Bill to prohibit the carrying of Herrings beyond the Seas was read secundâ vice but no mention that it was committed The Bill against decaying of Towns and Houses of Husbandry was read secundâ vice Certain Amendments upon this Bill were drawn by the Lord Chief Justice and being allowed by the House were also twice read and thereupon the Bill with the said Amendments was commanded presently to be engrossed The Bill touching the making of short broad course coloured Cloths in the Counties of Suffolk and Essex was upon the second reading committed unto the Earl of Shrewsbury Lord Viscount Bindon the Lord Bishop of London the Bishop of Bath and Wells the Bishop of Norwich the Lord Hunsdon Lord Chamberlain the Lord Zouch the Lord Wharton the Lord Darcie of Chich and the Lord Buckhurst and the Lord Chief Justice of England the Lord Chief Baron M r Justice Owen and M r Baron Evers to attend their Lordships Two Bills lastly had each of them their third reading of which the first being the Bill to reform deceits and breaches of Trust touching Lands given to charitable uses with some Amendments was returned to the House of Commons by M r Serjeant Drew and M r Doctor Stanhop for their consideration of the said Amendments The Lord Treasurer took his place this day as Baron of Burleigh between the Lord Buckhurst and the Lord Compton The Lord Admiral took his place as Earl of Nottingham between the Earl of Lincoln and the Lord Viscount Bindon And the Lord Chamberlain his place as Baron of Hunsdon between the Lord Chandois and the Lord S t John of Bletso On Saturday the 28 th day of January the Bill for the lawful making of Bayes c. The Bill to restrain the excessive making of Malt and one other of no great moment were each of them read tertiâ vice and sent down to the House of Commons by M r Serjeant Drew and Doctor Carew The Bill for establishing a Jointure to Anne Lady Wentworth was read secunda vice and committed unto the Earl of Essex Lord Marshal the Earl of Northumberland the Earl of Shrewsbury the Bishop of Winchester the Bishop of Bath and Wells the Bishop of Norwich the Lord Chamberlain the Lord Zouch the Lord Cobham the Lord Sandes the Lord Chandois and the Lord Compton and M r Baron Clerke and M r Baron Evers or either of them to attend their Lordships The Bill lastly for confirmation of Statutes Merchants acknowledged in the Town Corporate of Newcastle upon Tine was read secundâ vice But no mention is made in the Original Journal-Book that this Bill was committed for at the next sitting viz. Die Lunae 30 o die Januarii the same Bill was read tertiâ vice and sent to the House of Commons by Doctor Carew and Doctor Stanhop On Monday the 30 th day of January to which day the Parliament had been last continued on Saturday foregoing the Bill for retailing Broakers and other Pawn-takers was returned to the House by the Lord Archbishop of Canterbury the first of the Committees And because the Committees found many defects therein so that they thought the same unfit to proceed they therefore together with the said Bill presented a new Bill intituled as the former which was read primâ vice The Bill touching the making of short broad course coloured Cloths which was committed on Friday the 27 th day of this instant January foregoing was returned to the House by the first of the Committees and therewithal because the same was by the said Committees thought defective a new Bill of the same title was likewise presented Two Bills of no great moment had each of them one reading of which the second being the Bill for confirmation of Statutes Merchant acknowledged in the Town Corporate of Newcastle upon Tine was read tertiâ vice and sent down to the House of Commons by D r Carew and D r Stanhop Seven Bills were sent up to the Lords from the House of Commons of which the fourth being the Bill against lewd and wandering persons pretending themselves to be Souldiers or Mariners was returned with the allowance of an Amendment which was added by the Lords Sir Robert Cecill and other Knights and Burgesses that brought the seven Bills last mentioned and moved the House for a Conference concerning the Bill sent from their Lordships Intituled An Act for reforming of sundry abuses committed by Souldiers and others used in her Majesties Services concerning the Wars to which Conference the Lords assented and the time and place appointed to Morrow in the Afternoon at the Great Council Chamber at the Court at Whitehall and the same Committees that were formerly appointed on Monday the 16 th day of this instant January foregoing and the Earl of Sussex the Earl of Shrewsbury the Earl of Rutland the Lord Zouch and the Lord Cobham were added unto them The Bill Intituled An Act for the enabling of Edmund Mollineux Esq to sell the Lands c. was returned to the House by the Earl of Rutland the first of the Committees or Arbitrators with Amendments which
second being the Bill for Confirmation of Letters Patents granted by the Queens Majesty to the Mayor c. of the City of Lincoln in the thirty ninth year of her Reign for the taking the acknowledgment of Statutes Merchants was upon the second reading committed unto the Earl of Shrewsbury the Earl of Rutland the Bishop of Bath and Wells the Bishop of Chester the Lord Zouch the Lord Windsor the Lord Wharton the Lord Rich and M r Justice Clinch to attend their Lordships The Bill concerning Garret de Malynes and John Hunger Merchants Strangers was read tertiâ vice Vide concerning this matter on Wednesday the first day and on Friday the third day of this Instant February foregoing The Proviso added in the House of Commons concerning the Joynture of Christian Lady Sands was this day twice read The Proviso thought meet by the Committees in the Bill concerning the draining and recovery from the Water of certain overflowen grounds in the County of Norfolk was twice read and Ordered to be ingrossed A Motion was made by the Lord Buckhurst that the County of Sussex might be added to the general Bill of surrounded Grounds The like motion was made by the Lord North and others for the Counties of Somerset and Essex whereunto the House assented And the said three Counties were accordingly added to the rest On Monday the 6 th day of February the Bill for the confirmation of Letters Patents granted by the Queens Majesty to the Mayor c. of the City of Lincoln c. was returned to the House by the Earl of Shrewsbury the first of the Committees with some Amendments and a Proviso thought meet to be added The Bill that Lessees may enjoy their Leases against all Patentees their Heirs and Assigns was returned to the House by the Lord Archbishop of Canterbury the first of the Committees with a Proviso thought necessary to be added Excuse was made by the Earl Marshal for the absence of the Earl of Sussex in regard of his unhealthiness The like excuse was made by the Bishop of Rochester for the Bishop of Coventry and Litchfield Four Bills were brought up to the Lords from the House of Commons of which the first was for the more speedy payment of the Queens Majesties debts c. and the second against the Excess of Apparel The Bill for the explanation of an Act for the necessary relief of Souldiers and Mariners c. The Bill for the recovering of three hundred thousand Acres of Marsh-grounds more or less with one other of no great moment were each of them read tertiâ vice and passed the House and were sent down to the House of Commons by D r Carew and D r Stanhop Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in secundam horam post-meridian At which time the Amendments and Proviso added by the Committees to the Bill for Confirmation of Letters Patents granted to the Mayor c. of the City of Lincoln c. were twice read The Proviso also added by the House of Commons to the Bill for Confirmation of the Joynture of Christian Lady Sandes was read the third time and thereupon the Bill was expedited Three Bills also had each of them one reading of which the first being the Bill for the more speedy paying of the Queens Majesties debts and for the better explanation of the Act made Anno 13 o of the Queen intituled An Act to make the Lands Tenements Goods and Chattels of Tellors Receivors c. liable to the payment of their Debts was read secundâ vice Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in diem crastinum horâ nonâ On Tuesday the 7 th day of February Three Bills had each of them one reading of which the last being the Bill against the Excess of Apparel was upon the second reading committed unto the Earl Marshal the Lord Admiral the Earl of Northumberland and others Three Bills were brought up to the Lords from the House of Commons by Sir William Knolles Sir John Forteseue and others of which the second being the Bill against decaying of Towns and Houses of Husbandry was sent back with some Amendments which were presently twice read The Bill that Lessees may enjoy their Leases against all Patentees their Heirs and Assigns notwithstanding any default of payment of their Rent during the time that the Reversion or Inheritance remained in the Crown was returned with some Amendments by the Lord Chief Justice with a Proviso thought meet to be added Which Proviso and Amendments were once read A Message was sent to the House of Commons from their Lordships by M r Serjeant Drew and M r Doctor Carew for a Conference concerning the Bill against excess of Apparel with a competent number of the said House and the time and place was desired to be this Afternoon by two of the Clock in the great Chamber of the Upper House of Parliament Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in horam secundam postmeridianam At which time the Amendments in the Bill against decaying of Towns and Houses of Husbandry were read secundâ vice The Amendments and Provisoes thought meet to be added to the Bill concerning Patentees were read the second time and thereupon commandment was given that the said Proviso should be ingrossed in Parchment and the Amendments written in Paper ready for the third reading The Bill for Amendments of High-ways in the Counties of Sussex Surrey and Kent was read secundâ vice The Bill for reviving continuance Explanation and perfecting of divers Statutes was returned with their allowance of the Amendments and Proviso added by their Lordships Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in diem crastinum On Wednesday the 8 th day of February the Amendments in the Bill against decaying of Towns and Houses of Husbandry were read the third time as they were ingrossed in the Bill And thereupon the same Bill with the Amendments were expedited The Bill also for Amendments of High-ways in the Counties of Sussex Surrey and Kent was read tertiâ vice and expedited The Bill that Lessees may enjoy their Leases against all Patentees c. notwithstanding any default of payment of their Rents during the time that the Reversion or Inheritance remained in the Crown was returned to the House of Commons by Doctor Carew and Doctor Stanhop for their considerations of the said Amendments and Provisoes No continuance of the Parliament is Entred in the Original Book of the Upper House which seemeth to have happened by the Error of Thomas Smith Esquire at this time Clerk of the same On Thursday the 9 th day of February Seven Bills were brought up to the Lords from the House of Commons of which the first being the Bill for the further continuance and Explanation of an Act made in the thirty fifth year of the Queens Majesties Reign that now is was returned with the
Anno Dom. 1601. which was the last Parliament of her Majesties Reign a greater viz. of four Subsidies and eight Fifteenths and Tenths was again yielded unto whence it is plain that whatsoever is once granted by the Subject may often be raised but seldom falleth THE JOURNAL OF THE House of COMMONS A Journal of the House of Commons in the Parliament holden at Westminster Anno 39 Reginae Eliz. Anno Domini 1597. which began there on Monday the 24 th Day of October and then and there continued until the Dissolution thereof on Thursday the 9 th Day of February Anno 40 Reginae ejusdem THIS present Journal of the House of Commons is not only abundantly stored with many and sundry Passages touching the Orders Use and Priviledge of the House it self but containeth in it excellent matter touching the publick affairs of Church and State in which also her Majesty was most graciously pleased to give the said House free Liberty to reform some abuses of the first and to search into the dangers of the latter And that this said Journal might be the more exact and copious in some few places the defects thereof are supplied out of the Original Journal-Book of the Upper House and out of a certain imperfect and fragmentary Journal of the House of Commons The ninth Parliament of our Soveraign Lady Elizabeth by the Grace of God of England France and Ireland Queen Defender of the Faith c. begun at Westminster upon Monday being the 24 th day of October in the thirty ninth year of her Majesties Reign Upon which day many of the Knights of the Shires Citizens of Cities Burgesses of Boroughs and Barons of Ports did make their appearance at Westminster being returned into the same Parliament for the same Shires Cities Boroughs and Ports before the Right Honourable the Earl of Nottingham Lord Steward of her Majesties most honourable Household And did then and there in the Room commonly called the Court of Requests take the Oath of Supremacy seven or eight at a time being Enacted by and contained in the Statute de an 1 Reginae Eliz. Cap. 1. before the said Lord Steward and before Sir William Knolles Knight Comptroller of her Majesties Houshold Sir John Fortescue Chancellor of the Exchequer and Sir Robert Cecill Principal Secretary his Lordships Deputies And thereupon the said Knights Citizens Burgesses and Barons entring into their own House and expecting her Majesties further Pleasure her Highness then being in her Royal Seat in the Higher House of Parliament the said Commons were commanded to come before her Highness and being there Assembled the Right Honourable Sir Thomas Egerton Knight Lord Keeper of the Great Seal of England delivered unto the said Commons the Causes of her Majesties Calling of this Parliament and so in the end willed them to repair again into the said House of Commons and there to make choice of their Speaker according to the former laudable usage and custom of the same House in that Case accustomed and willed them to present him unto her Majesty upon the Thursday next following Which done the said Commons presently repaired unto their own House and there being Assembled and sitting some space of time very silent at last the Right Honourable Sir William Knolls one of her Highness most Honourable Privy Council and Comptroller of her Majesties Household stood up and spake to the effect following Necessity constraineth me to break off this silence and to give others cause for speech According to the usual Custom we are to chuse our Speaker and though I am least able and therefore unfit to speak in this place yet better I deem it to discover my own Imperfections than that her most sacred Majesties Commandment to me delivered should not be fulfilled or your Expectation of this first days work by all our silences to be in any sort frustrate First therefore I think it very expedient to remember the Excellent and Learned Speech of that good man my Lord Keeper at which all of us or the most part of us at the least were present who very wisely shewed the Cause of calling this Honourable Assembly shewing unto us that it is partly for the reforming those Laws which be amiss partly quite to repeal others partly to augment those that be good and partly to Enact new Laws both for the Honour and profit of her Majesty and for the benefit of the Common-wealth And in conclusion wished us to depart from whence we came and there to chuse our Speaker who ought to be the Mouth of us all and to whom we might commit such weighty affairs as in this place should be debated amongst us For unfit it is if we have occasion to go unto the Sacred presence of her Majesty to go either confusedly without order or unorderly without Judgment Now because that knowledge doth rest in certainty I will with the more speed set afoot this motion deliver my opinion unto you who is most fit for this place being a member of this House and those good abilities which I know to be in him here he made a little pause and the House hawked and spat and after silence made he proceeded unto this place of dignity and calling in my opinion here he stayed a little M r Serjeant Yelverton looking upon him is the fittest man to be preferred after which words M r Yelverton blushed and put off his Hat and after sate bare-headed for I am assured that he is yea and I dare avow it I know him to be a man wise and learned secret and circumspect Religious and faithful no way disable but every way able to supply this place Wherefore in my Judgment I deem him though I will not say best worthy amongst us yet sufficient enough to supply this place and herein if any man think I err I wish him to deliver his mind as freely as I have done if not that we all join together in giving general consent and approbation to this motion So that the whole House cried I I I let him be And then Master Comptroller made a low reverence and sat down and after a little pause and silence M r Serjeant Yelverton rose up and after a very humble reverence made spake in effect thus much WHence your unexpected choice of me to be your Mouth or Speaker should proceed I am utterly ignorant If from my merits strange it were that so few deserts should purchase suddenly so great an Honour Nor from my ability doth this your choice proceed for well known it is to a great number in this place now assembled that my Estate is nothing correspondent for the maintenance of this dignity For my Father dying left me a younger Brother and nothing to me but my bare Annuity Then growing to mans estate and some small practice of the Law I took a Wise by whom I have had many Children the keeping of us all being a great impoverishing to my Estate and the daily living of us
only commit a great error in omitting to read some one Bill or other according to the usual Custom but was also much mistaken in informing the House that it had been Adjourned and so now stood Adjourned by those words which the Lord Keeper had spoken in the Upper House for his Lordship at this time as appears plainly by the Original Journal-Book of that House did only continue the Parliament and not Adjourn it which words although spoken by the Queens Commandment being personally present do only concern the said Upper House and reach not at all unto the House of Commons as was directly declared by the Lord Keeper himself in the next Parliament ensuing in An. 43 Regin Eliz. after that M r John Crooke M r Recorder of London their Speaker upon his allowance in and return from the said Upper House on Friday the 30 th day of October in An. eodem had by a like mistake misinformed the House that it was Adjourned and so caused it to rise without the reading of any Bill And therefore here once for all I have caused the true differences as I conceive in this kind to be here inserted viz. If the Lord Keeper by the Queens Commandment being personally present had either prolonged or Adjourned the Parliament or that her Majesty with her own Mouth had pronounced the said words or had caused the same to have been done by a Commission under the Great Seal in her absence in all these Cases it had reached alike both unto the Upper House and unto the House of Commons But if the Queens Majesty had with her own Mouth continued the Parliament as she did here command the Lord Keeper to do it yet this had only concerned the Upper House so that the Lords could not have met again until the day to which the said Parliament had been continued but the said House of Commons whom the said continuance concerned not might have met each day without intermission and have agitated such businesses and have given reading to such Bills as offered themselves And lastly If the Lord Keeper or Lord Chancellor for the time being do at any time Adjourn or continue the Parliament to a further day as of course he doth one of them for longer or shorter time every day the Upper House riseth and that he doth it not by Command or Commission from the Soveraign for the time being but do it of course as is aforesaid this concerns only the Upper House and the House of Commons are neither bound to take notice of it nor to surcease any of their daily Proceedings upon it On Saturday the 5 th day of November the House met about eight of the Clock in the Morning having through a meer mistake and error of the Speaker and themselves conceived their House to have been Adjourned by the Lord Keeper the first day of the Parliament unto this present Saturday as is more largely declared in fine diei praecedentis Nota also that some part of the Passages of this present Saturday following are transcribed out of the before-recited fragmentary and imperfect Journal M r Speaker this Morning according to the usual course brought in a Prayer to be used in the House during this Parliament which was as followeth OEternal God Lord of Heaven and Earth the great and mighty Councellor We thy poor Servants Assembled before thee in this Honourable Senate humbly acknowledge our great and manifold sins and imperfections and thereby our unworthiness to receive any grace and assistance from thee Yet most merciful Father since by thy providence we are called from all parts of the Land to this famous Council of Parliament to advise of those things which concern thy Glory the good of thy Church the prosperity of our Prince and the Weal of her people we most intirely beseech thee that pardoning all our sins in the Blood of thy Son Jesus Christ it would please thee by the brightness of thy Spirit to expel darkness and vanity from our minds and partiality from our Speeches and grant unto us such wisdom and integrity of heart as becometh the Servants of Jesus Christ the Subjects of a gracious Prince and Members of this Honourable House Let not us O Lord who are met together for the publick good of the whole Land be more careless and remiss than we use to be in our own private Causes Give Grace we beseech thee that every one of us may labour to shew a good Conscience to thy Majesty a good Zeal to thy word and a loyal heart to our Prince and a Christian Love to our Country and Common-Wealth O Lord so unite and conjoin the hearts of her Excellent Majesty and this whole Assembly as they may be a threefold Cord not easily broken giving strength to such godly I aws as be already Enacted that they may be the better Executed and Enacting such as are further requisite for the bridling of the wicked and the encouragement unto the godly and well affected Subjects That so thy great blessing may be continued towards us and thy grievous Judgments turned from us And that only for Christ Jesus sake our most glorious and only Mediator and Advocate to whom with thy blessed Majesty and the Holy Ghost be given all Honour and Praise Power and Dominion from this time forth for evermore Amen M r Francis Bacon spake first after that one Bill mentioned in the Original Journal-Book of the House of Commons had been read the first time viz. the Bill against Forestallers Regrators and Ingrossers and made a Motion against Inclosures and Depopulation of Towns and Houses of Husbandry and Tillage And to this purpose he brought in as he termed it two Bills not drawn with a polished pen but with a polished heart free from affection and affectation And because former Laws are Medicines of our understanding he said that he had perused the Preambles of former Statutes and by them did see the inconveniencies of this matter being then scarce out of the shell to be now full ripened And he said that the over-flowing of the people here makes a shrinking and abate elsewhere And that these two mischiefs though they be exceeding great yet they seem the less because Qui mala cum multis patimur leviora videntur And though it may be thought ill and very prejudicial to Lords that have inclosed great grounds and pulled down even whole Towns and converted them to Sheep-Pastures yet considering the increase of people and the benefit of the Common-Wealth I doubt not but every man will deem the revival of former Moth-eaten Laws in this point a praise-worthy thing For in matters of Policy ill is not to be thought ill which bringeth forth good For Inclosure of grounds brings depopulation which brings first Idleness secondly decay of Tillage thirdly subversion of Houses and decay of Charity and charges to the Poor fourthly impoverishing the state of the Realm A Law for the taking away of such inconveniences is not to
said Committees were appointed to meet in the former place at two of the Clock in the Afternoon of this day and the Bill with a note of the Committees names was then delivered to Mr. Comptroller And thereupon the meeting for the matter of Tillage was deferr'd from this Afternoon till to Morrow in the Afternoon Three Bills were sent up to the Lords from the House of Commons by Mr. Comptroller Mr. Chancellor of the Exchequer and others of which the two last were one for the establishing of the Town-Lands of Wanting in the County of Berks to the relief of the Poor c. And the last was the Bill for repeal of the Statute of the twenty third year of her Majesty Intituled An Act for encrease of Mariners and maintenance of Navigation The Bill concerning certain Lands of Sir John Spencer Knight Mary his Wife and Robert his Son was read the first time M r Winch one of the Committees in the Bill for keeping of Horses from stealing who were appointed on Wednesday the 16 th day of this instant November foregoing shewed the meetings of the Committees and sundry particulars of their Travels therein And that resting partly upon the Fairs in sundry Countreys to be certainly set down by those that best know the same Countreys the Bill was recommitted to the same Committees to meet at the former place upon Saturday next at two of the Clock in the Afternoon Three Bills of no great moment had each of them one reading of which the second being the Bill for Arthur Hatch was upon the second reading committed unto Mr. Sandes Mr. Philips Mr. Crew Mr. Finch Mr. Francis Popham Sir Robert Wroth and others who were appointed to meet upon Thursday next at two of the Clock in the Afternoon in the Middle-Temple Hall Mr. Finch one of the Committees for drawing of a Bill for the reformation of the abuses by Licences for Marriages without Banes shewed that some of the Committees have met at sundry times for the drawing of a Bill for that purpose and that himself hath by their appointment drawn such a Bill and shewed the same to such of the Committees as were assembled at their last meeting being but very few of them at that time and so leaveth it to the Choice of the House either to appoint another day for the meeting of another greater number of the said Committees that they may be acquainted with the substance of the same Bill or else to receive the same Bill into this House presently at their own good pleasure And thereupon he was required by this House to deliver in the said Bill which he then so did accordingly and delivered the same to Mr. Speaker On Wednesday the 23 th day of November Four Bills of no great moment had each of them one reading of which the last being the Bill concerning Leases made by Archbishops and Bishops was upon the second reading rejected upon the question for commitment and so likewise upon the question for ingrossing The Bill for repealing part of the Charter granted to the Town of Yarmouth was upon the second reading committed unto Sir Robert Wroth M r Fulk Grevill all the Burgesles of the Port Towns and Knights for Norfolk and Suffolk Mr. Nathaniel Bacon and others who were appointed to meet on Friday next at two of the Clock in the Afternoon in the Exchequer Chamber M r Walgrave moved touching the Transporting of a great number of Herrings to Leghorn which occasioneth both a very great scarcity of Herrings within the Realm and is he saith a great means of spending much Butter and Cheese to the great inhancing of the prices thereof by reason of the said scarcity of Herrings And having drawn a Bill for redress thereof offered the said Bill to the House and delivered the same to M r Speaker accordingly Seven Bills of no great moment had each of them one reading of which the last being the Bill for the speedy punishment of certain Felonies hereafter to be committed was upon the second reading committed to the former Committees for relief of Poor and punishment of Rogues c. whose names see before on Tuesday the 22 th day of this instant November foregoing and M r Wiseman M r Littell and M r Lea were added unto them And the Bill was delivered to Sir Robert Wroth who with the rest was appointed to meet this Afternoon in the Middle-Temple Hall M r Francis Moore one of the Committees in the Bill concerning the Lands and Debts of Sir Henry Vnton deceased who were appointed on Monday the 21 th day of this instant November foregoing shewed the meeting of the Committees and opening divers parts of the said Bill at large shewed further the adding of a Proviso which Proviso being twice read the Bill and Proviso were upon the question Ordered to be ingrossed Sir Thomas Cecill one of the Committees in the Bill for the Town of Northampton who were appointed on Wednesday the 16 th day of this instant November foregoing shewed the meeting of the Committees and some part of their travel and so delivered in the Bill referring the same to the further pleasure of this House And so the Bill upon the question was Ordered to be ingrossed M r Snagg one of the Committees in the Bill to restrain the Carriage of Worsted Yarn out of the City of Norwich and County of Norfolk unwrought who were appointed on Friday the 18 th day of this instant November foregoing shewed the meeting and travel of the Committees without concluding upon any thing And thereupon further day was given to the former Committees to meet again about the same upon Saturday next at two of the Clock in the Afternoon in the Exchequer Chamber and the Bill was delivered to the said M r Snagg Mr. Attorney General and Mr. Doctor Stanhop do bring from the Lords An Act passed with their Lordships concerning the confirmation and establishment of the deprivation of divers Bishops in the Beginning of her Majesties Raign with recommendation thereof from their Lordships unto this House Which being after their departure back again signified unto the House by Mr. Speaker it was shortly after found by Sir Edward Hobby that the said Act was not rightly and duely endorsed by their Lordships the same Indorsement being made above the Contents of the said Act which ought to have been made under it Whereupon the House being made privy thereof by Mr. Speaker Mr. Comptroller being accompanied with divers Members of this House was sent to the Lords with the said Act to signify the error and pray the Amendment Vide plus concerning this matter in fine hujus diei The Bill concerning Coopers was read the second time and upon the question Ordered to be ingrossed M r Comptroller and the residue returning from the Lords shewed unto this House that they have delivered the said Act together with the said Message of this House unto their Lordships according to the said charge given them by
same Amendments at all because the Indorsement thereof is subscribed in the Ingrossed Bill it self under the Indorsement of this House in the same Bill Whereupon some of the Members of this House charging the said Clerk that by his default and Error this House was charged by the Lords with the said imputation of Levity the said Clerk then humbly prayed that some of the Ancient Parliament men of this House might have the Examination of the said Cause how it had been proceeded in and to report such the default and errour of the Clerk if any such were The House thereupon resolved to hear the said Clerk speak himself Which done the said Clerk of this House shewed that the Clerk of the Upper House coming into the Exercise of his Office but in this present Sessions of Parliament the two Bills mentioned by M r Attorney to have been sent to this House from the Lords with Amendments in Parchment and unto which no Exceptions had been taken by this House he the said Clerk of this House did in some friendly and courteous intention towards the said Clerk of the said Upper House seek to salve up those mistakings for the time only in some part of them but not in the whole and so to make the said Clerk of the said Upper House afterwards acquainted with the due Order and Form of the Reformation therein against other times afterwards in like Cases and had so made one of the Clerks of the said Clerk of the Upper House privy of the right course and manner of the sending down such Amendments in Paper and not in Parchment and that also without any Indorsement yet nevertheless the said Amendment in the said Bill so returned as afore said was eftsoons both sent down in Parchment and also subscribed or Indorsed with Soit baille aux Communes contrary to the said advice and instruction of the said Clerk of this House so as aforesaid given to one of the Clerks of the said Clerk of the Upper House And did further aver unto this House that the said three Bills being passed in this House Ingrossed in Parchment are the Bills of this House and not the Bills of the Lords though sent up by this House to their Lordships and do still remain the Bills of this House And that if their Lordships would have any words of Amendment either taken out of the same Bill or put into it or else otherwise altered or changed in it then must such words be set down in Paper by their Lordships and annexed to the Bill shewing the line and place of the line in the Bill where such words should be either taken out or put in and then their Lordships to subscribe or Indorse under the superscription or Indorsement of this House in the same Bill A ceste Bille avecque les amendments à mesme le Bille annexe les Seigneurs sent assentus But if their Lordships do add any new matter or Proviso to the said Bill which was not before in the same Bill then must all that be ingrossed in Parchment and affiled to the said Bill and the said Bill must be subscribed or Indorsed under the subscription or Indorsement of this House in the same Bill A ceste Bille avecque le schedule à mesme le Bille annexe les Seigneurs sont assentus or A ceste Bille avecque une provision annexe les Seigneurs sont assentus if it be a Proviso and not a Schedule to the body of the Bill Then also must the said Schedule or Proviso so Ingrossed in Parchment be annexed to the said Bill and be subscribed and Indorsed by their Lordships under such Schedule or Proviso Soit baille aux Communes and so be sent down to this House passed by their Lordships which done the said words in Paper must be taken out of the same Bill or else put into the same Bill only by this House in the said Lines and places of Lines according to the direction of the Lords said Amendments in Paper And the said Schedule or Proviso being three times read and passed in this House upon the question the same Schedule or Proviso must be subscribed and Indorsed by this House under their Lordships said Indorsement thereof A ceste Schedule les Communes sont assentus if it be a Schedule or A ceste provision les Communes sont assentus if it be a Proviso Which Course being so then also approved by some of the Ancientest now Parliament Members of this House It was thought meet that all the Members of this House being of her Majesties Privy Council together which the best sort of the rest of the Members of this House accompanied with the Serjeants at Law which are of this House should be presently sent to their Lordships from this House without carrying up any Bill at all and to signify unto their Lordships in the name of this whole House That as this House had not in any manner of sort erred in their said returning unto their Lordships the said Bill and Amendments in Parchment to have had the same done in Paper and without any Subscription or Indorsement at all to the end this House might by Warrant thereof have inserted the same Amendments into that their own ingrossed Bill according to the ancient Order of Parliament in such Cases formerly used by this House So this House doth take it self to be very hardly dealt with to be taxed by their Lordships with imputation of Levity and reproached by other unusual and unnecessary terms delivered unto them this day in the said Message from their Lordships And then upon some further Motion it was resolved that M r Secretary accompanied with M r Chancellor of the Exchequer and others should be thereupon sent to their said Lordships presently for that purpose Which done the said M r Secretary putting the House in mind that the Lords had sent down to this House three Bills at their time of sending down their said Message to this House Moved that this House would be pleased to accompany this their Message unto their Lordships imposed upon him with the Bill which this day passed in this House for Confirmation of the Subsidy of the Clergy Which being yielded unto the Amendments of the Lords in Paper annexed to the said ingrossed Bill of this House Intituled An Act for the Explanation of the Statute made in the first year of her Majesties Reign concerning Labourers were three times read by the Clerk and agreed upon the Question and presently inserted into the said ingrossed Bill accordingly and both Bills were thereupon sent up to their Lordships by the said M r Secretary and others together with the said Message of this House and at their returning back again the said M r Secretary signified unto this House that he had delivered their said Message unto the Lords according to their charge laid upon him therein But what was their Lordships Answer is most negligently and inconsiderately omitted by Fulk Onslow Esq
House intituled An Act for the increase of People for the service and strength of the Realm which was sent up to their Lordships by this House their Lordships have had the same Bill twice read in the Upper House with their Lordships and did further signify that their Lordships did desire a Conference touching that Bill with a Selected Number of the Members of this House and that their Lordships had appointed thirty one of themselves for that purpose and have appointed the place of meeting to be in the great Council Chamber at the Court between one and two of the Clock in the Afternoon Upon the delivery of which Message to the House by M r Speaker there were appointed for the said Conference all the Privy Council being Members of this House Sir Thomas Cecill Sir Walter Raleigh Sir William Cornewallis M r Francis Bacon all the Serjeants at Law M r Fulk Grevil Sir Robert Wroth Sir William Moore Sir Thomas Conisby Sir George Carey Mr. Sollicitor Master Philips with divers others And it was then further Ordered that the two Commitments this day appointed to have been holden to Morrow in the Afternoon in Serjeants-Inn in Chancery-Lane should be deferred unto Saturday next in the Afternoon in the said place And that Mr. Comptroller with some other Members of this House do presently repair unto the Upper House to move their Lordships on the behalf of this House that their Lordships would be pleased to set down in writing unto this House the reasons their Lordships have to object against the said Bill That the said Committees of this House may be the better informed to satisfy their Lordships therein to Morrow at the said Conference Mr. Comptroller with other the Members of this House returning from the Lords shewed that they have moved their Lordships for the having of the said Reasons delivered unto this House in Writing according to the Charge of this House delivered unto him and them by this House in that behalf and that their Lordships Answer was that they did think it to be against the ancient Orders of Parliament to deliver any reasons in writing before a verbal Conference first had of both Houses together which was to be done to Morrow Vide Jan. 24. postea The Bill for the Hundred of Beynersh aliàs Benherst in the County of Berks was read the second time and upon the question was Ordered to be ingrossed The Amendments this day made by some of the Members of this House above in the Committees Chamber of this House in the Bill to prevent double payment of debts upon Shop-Books were twice read and upon the question were Ordered to be ingrossed The Amendments and Provisoes of the Lords to the Bill lately passed in this House intituled An Act for the erecting of Houses of Correction and punishment of Rogues Vagabonds and Sturdy Beggars being twice read for the second and third reading of the same Amendments and Provisoes were together with the said Bill after sundry Speeches first had referred to the further Examination and Consideration of Sir Walter Raleigh Mr. Francis Bacon Mr. Sollicitor Mr. Lewkenor Mr. Wingfield Sir Edward Hobby Sir William Cornwallis Mr. Hext Mr. Serjeant Harries and Sir Robert Wroth who were appointed to meet this Afternoon together with the other Committees in the Bill against wandring Souldiers and Mariners at Serjeants-Inn n Chancery-Lane Mr. Serjeant Drew and Mr. Dr. Stanhop did bring from the Lords one Bill lately passed this House and sent up to their Lordships Intituled An Act for the naturalizing of certain Englishmens Children and others born beyond the Seas and do shew that their Lordships have passed the same Bill with some Amendments of their Lordships in the same Bill The Learned Councel for the Hospital of Warwick being this day present at the Bar in this House and no Councel at all for any adverse party then appearing to be present it was resolved that one ..... Ognell being Prisoner in the Fleet should be advertized by Mr. Serjeant Harris that to Morrow is given for him to bring his Councel into this House if he so will at his own peril And further it is resolved that if the said Ognell shall not then bring his Councel accordingly this House will then further proceed for the behalf of the said Hospital as shall appertain without further delay The Bill to reform deceits and breaches of trust touching Lands given to Charitable uses was read the first time On Friday the 13 th day of January Two Bills of no great moment had each of them one reading of which the second being the Bill concerning Garret de Malines and John Hunger Merchants Strangers was upon the second reading committed unto the Knights and Burgesses of London Mr. Thomas Smith Sir Walter Raleigh Mr. Oldsworth and others and the Bill and Committees names were delivered to Sir John Hart one of the Committees who with the rest was appointed to meet upon Monday next at two of the Clock in the Afternoon in Serjeants-Inn in Chancery-lane Mr. Oldsworth one of the Committees in the Bill for the erecting and building of a Bridge over Wye at Wilton upon Wye near the Town of Rosse in the County of Hereford who were appointed on Monday the 12 th day of December foregoing shewed the meeting and travel of the Committees with some Amendments by them in the Bill and so delivered in the said Bill into the said House Two Bills of no great moment had each of them one reading of which the second being the Bill concerning the suppression of unlawful and unsized Bread was upon the second reading committed unto the Knights and Citizens of London Mr. Edward Hubbard the Burgesses for Chester Worcester Oxford Bristol Winchester and Cambridge Serjeant Harris and others who were appointed to meet to Morrow in the Afternoon at two of the Clock at Serjeants-Inn in Chancery-lane and the Bill and Committees names were delivered to M r Recorder of London The Learned Councel on both Parties concerning the Bill for the Hospital of Warwick being present at the Bar and heard at large it was after sundry Arguments and Speeches both against the Bill and with the Bill Ordered upon the question to be ingrossed Sir Walter Raleigh one of the Committees in the Bill against wandring Souldiers and Mariners and for conferring some part of the same Bill with the Lords Amendments and Provisoes in the Bill lately passed in this House Intituled An Act for the erecting of Houses of Correction and punishment of Rogues Vagabonds and Sturdy Beggars shewed the meeting and travel of the Committees and that they do think it convenient that some Conference be prayed with the Lords by this House as well touching some parts of their Lordships said Amendments and Provisoes as of some parts of their Lordships said Amendments tending to the body of the said Bill Upon which it was after some few Speeches had by some Members of this House concerning the said Motion thought good to
this House Which being done and the said M r Attorney and M r Doctor Stanhop gone out of the House It was resolved that a convenient number of this House should presently attend their Lordships in the said Conference And the same being afterwards so signified unto the said M r Attorney and M r Doctor Stanhop who were called again into this House to receive that answer all the Privy Council being Members of this House Sir William Moore M r Fulk Grevil and others being Members of this House were presently thereupon sent up unto their Lordships accordingly The Bill for the reviving continuing and Explanation of an Act for the necessary relief of Mariners and Souldiers was upon the second reading committed unto the Committees in the Bill against the excess of Apparel who were appointed yesterday foregoing and to meet in the Exchequer Chamber at two of the Clock this Afternoon and M r Arnold was now added to the same Committee The Amendments of the Committees in the Bill for taking away of Clergy from Robbers of Houses in the day-time though no body be in the House at the time of the Robbery done being twice read the Bill was upon the question Ordered to be ingrossed The Bill to prohibit the carrying of Herrings was upon the second reading committed unto M r Walgrave M r Oldsworth M r Edward Lewkenor M r Wiseman and others who were appointed to confer presently in the Committee Chamber of this House M r Comptroller and the residue returning from the Lords M r Secretary shewed that in the debate of the ..... but touching what business this Report was made by M r Secretary or what that business was is evey negligently omitted by Fulk Onslow Esq Clerk of the House of Commons in the Original Journal-Book it self of that House although a whole blank Page be there left with intention doubtless at first to have inserted it And therefore it shall not be amiss here in some sort to set it down partly out of some former passages of the said Journal Book and partly out of the Original Journal-Book of the Upper House And first for the business it self it was grounded upon some distaste that Sir Walter Raleigh and other Members of the House of Commons had received from the Carriage of the Lords towards them in not rising unto them upon the delivery of an Answer to a certain Message brought up by them to their Lordships on Saturday the 14 th day of this instant January foregoing as is there set down at large To which said distast of theirs the Lords did this present Friday being the 20 th day of the same Month in the Conference had between the Committees of either House desire to make satisfaction according to the resolution had by their Lordships in their own House Yesterday being Thursday Which said Resolution or Answer of their Lordships was as it should seem now reported unto the House of Commons by M r Secretary Cecill upon his return with the other Committees from the said Conference and is set down upon the said Thursday being the 19 th day of the said instant January in the above-mentioned Original Journal-Book of the Upper House much to the purpose and effect following viz. That their Lordships Answer was that in the delivery of the said Message unto the said Sir Walter Raleigh and others the said Members of the House of Commons upon Saturday the 14 th day of this instant January last past their Lordships had not given unto them the said Members of the said House any just distast or therein offered unto the said House of Commons it self any indignity at all but that their Lordships had therein observed the ancient Order of Parliament which they were fully satisfied to be as followeth viz. That when any Bills or Messages are brought from the House of Commons to be presented to the Upper House the Lord Keeper and the rest of the Lords are to arise from their places and go down to the Bar there to meet such as come from the House of Commons and from them to receive in that place their Messages or Bills But contrariwise when any Answer is delivered by the Lord Keeper in the name and behalf of the House to such Knights and Burgesses as come from the House of Commons the said Knights and Burgesses are to receive the same standing towards the lower end of the House without the Bar and the Lord Keeper is to deliver the same sitting in his place with his head covered and all the Lords keeping their places And hereupon the House of Commons was satisfied and the same form was afterwards kept accordingly Nota That this little foregoing Passage only is supplied out of the Original Journal-Book of the Upper House and now what ensueth is again inserted out of that of the House of Commons On Saturday the 21 th day of January Two Bills of no great moment had each of them one reading of which the last was the Bill for restraint of carrying of Corn or Grain out of this Realm at certain times M r Francis Goodwin one of the Committees in the Bill for establishing certain Lands given by Will for the maintenance of the High-ways at Ailesbury in the County of Buckingham who were appointed on Wednesday the 11 th day of this instant January foregoing brought in the Bill with some Amendments which being twice read the Bill was upon the Question Ordered to be ingrossed M r Walgrave one of the Committees in the Bill to prohibite the carrying of Herrings beyond the Seas who were appointed Yesterday shewed the meeting of the Committees and their Amendments of the Bill which Amendments being twice read the Bill was upon the question Ordered to be ingrossed The Bill that the Plaintiffs shall pay the Defendants their Costs by lying in Prison for want of Bayl if the Action pass against the Plaintiffs and for the punishment of wrongful Arrests upon forged Warrants was read the first time M r Sollicitor one of the Committees in the Bill for the reviving continuance explanation and perfecting of divers Statutes who were appointed on Saturday the 14 th day of this instant January foregoing shewed the meeting and travel of the Committees and some their Amendments in the same Bill which Amendments being twice read to the House it was after many Motions and Speeches for recommitment of the same Bill Ordered upon the Division of the House in the doubtfulness of two former Questions with the advantage of thirty Voices viz. with the No an hundred twenty four with the Yea ninety one that the said Bill should not be recommitted And afterwards upon another Question it was Ordered that the said Bill should be ingrossed The Lord Sandes and Sir Walter Sandes with their Councel were present here in this House at the Bar and heard at large touching the Bill for the Confirmation of the Jointure of Christian Lady Sandes which had been read the second time and committed on
of this instant January foregoing and had thought fit that the said old Bill should be rejected The new Bill also for the disposing of certain Lands to M r Thomas Knivet was read the first time after that the old Bill had been rejected by the Committees thereof who were appointed on Wednesday the 18 th day of this instant January foregoing The Bill for Confirmation of the Joynture of Mary Lady Verney was upon the second reading committed unto M r Philips M r Sands M r Francis Goodwin M r Snagg M r Oglethorpe and others and the Bill with the Committees names were delivered to M r Snagg who with the rest were appointed to meet at four of the Clock this Afternoon in the Middle-Temple Hall The Bill for establishing an Award made between Edmund Cotten Gentleman and Thomas Harvey Yeoman for the assurance of certain Lands in the County of Norfolk to Thomas Bennet and his Heirs for ever was read the third time and passed upon the question the learned Councel on both sides being first heard at large at the Bar. After sundry long Speeches by divers Members of this House in the Bill for Confirmation of the Joynture of Christian Lady Sands both with the Bill and against the Bill with some motions for having the matter between the Lord Sands and Sir Walter Sands referred to Arbitrement or Comprmise it was at last resolved upon the question that according to the said Motions the said course should be taken for Compromise accordingly and the said Parties should become bound each to other for the performance of such Award or Arbitrement as should be made by Arbitrators to be named by this Court And further that the said Lord Sands and Sir Walter Sands be warned to be here in this Court to Morrow to understand the purpose of this House in that behalf accordingly Vide concerning this matter on Saturday the 21. day of this instant January foregoing Vide etiam diem sequentem M r Comptroller shewed that himself and the residue of the Committees appointed by this House for Conference with the Lords touching the Bill Intituled An Act for the increase of People for the service and Defence of the Realm have attended their Lordships this Morning according to the Charge of this House given to him and the residue of the Committees for that purpose And further shewed that their Lordships having perused and considered the Answer of this House in writing to their Lordships Objections in writing delivered by them to this House their Lordships cannot give passage to the said Bill But liking very well of the purpose and intent of the said Bill their Lordships do wish another Bill to be drawn and proceeded in to the said effect in some good course and do purpose to send down unto this House to Morrow Morning some points or heads in writing for that purpose Vide touching this business on Thursday the 12 th day Saturday the 14 th day Monday the 16 th day Wednesday the 18 th day Thursday the 19 th day and on Monday the 23 d day of this instant January foregoing Vide itidem diem sequentem On Wednesday the 25 th day of January M r Snagg one of the Committees in the Bill for Confirmation of the Joynture for the Lady Mary Verney wife of Sir Edmund Verney Knight who were appointed on the day foregoing shewed the meeting and travel of the Committees and some few Amendments in the same Bill and so delivered in the Bill Two Bills of no great moment had each of them one reading of which the second being the Bill for the avoiding of deceit in Measure and Weights was read the first time The Committees in the Bill for the better measuring of seven Miles from the Town of great Yarmouth who were appointed on Monday the 23 d day of this instant January foregoing are ordered to meet at two of the Clock this Afternoon in the Exchequer Chamber The Committees in the Bill also for reviving continuing and explanation of an Act for the necessary relief of Souldiers and Mariners are likewise to meet this Afternoon at two of the Clock in the Exchequer Chamber The Bill for the better Execution of Judgments was upon the second reading committed unto M r Brograve Attorney of the Dutchy M r Finch M r Yelverton Mr. Carew Mr. Francis Bacon and others and the Bill and Committees names were delivered to the said Mr. Carew who with the rest was appointed to meet this Afternoon at two of the Clock in Grayes-Inn Hall The Amendments in the Bill for erecting and building of a Bridge over the River of Wye at Wilton upon Wye near the Town of Rosse in the County of Hereford being twice read the same was upon the question ordered to be ingrossed The Amendments in the Bill for Confirmation of the Jointure of the Lady Verney Wife of Sir Edmund Verney Knight being twice read the Bill was upon the Question ordered to be ingrossed The Amendments in the Bill for the reuniting of the Mannor of Paris Garden in the County of Surrey being twice read the Bill was upon the question Ordered to be ingrossed Two Bills also had each of them one reading of which the second being the Bill to restrain the excessive making of Mault was read the third time and after sundry Arguments both with the Bill and against the Bill and certain words stricken out in the first Proviso in one place thereof the word such and in another place thereof these words or Maults for his own expences only passed upon the Question Mr. Attorney General and Mr. Doctor Stanhop do bring word from the Lords that whereas a selected number of their Lordships in a Verbal Conference with a Committee of some of the Members of this House concerning a Bill lately passed in the Upper House and sent down by their Lordships unto this House Intituled An Act for the better Explanation and Execution of the Act made in the thirteenth year of the Queens Majesties Reign concerning Tellors Receivors c. divers exceptions were then taken by the Committees of this House unto the said Bill and were afterwards sent up to their Lordships by this House in writing with which said Exceptions their Lordships not being satisfied have sent down unto this House their Lordships Answer unto the same also in like manner in writing And so did then deliver the same to Mr. Speaker and departed Which Message being reported unto the House by Mr. Speaker it was resolved that the former Committees of this House in that Cause who were appointed on Monday the 5 th day of December foregoing with some others then added unto them should meet this Afternoon at two of the Clock in the Exchequer Chamber to confer and consider of their Lordships said Answer in writing accordingly The Lord Sands and Sir Walter Sands being present in this House Mr. Speaker imparted unto them the Motion of this House for compromising the Cause Whereunto the Parties
upon Tyne was read the third time and passed upon the question M r Recorder of London M r Tanfield M r Wiseman M r Snagg M r Finch M r Lea M r Francis Moore M r Boyes M r Hide and M r John Shirley were added to the former Committees in the Bill for the better Execution of Judgment who were appointed on Wednesday the 25 th day of this instant January foregoing and were appointed to meet this Afternoon at two of the Clock in the Middle-Temple On Friday the third day of February the Bill to restrain the Lading of Corn in some Ports was upon the second reading committed unto M r Colebrand M r Hext Sir Thomas Mounson M r Arnold the Burgesses of Port Towns M r Shirley and others who were appointed to meet this Afternoon at two of the Clock in the Middle-Temple Hall The Bill also for the restraint of carrying of Corn out of the Realm was read the second time and committed to the last former Committees and the same time and place appointed for meeting and both the said Bills and Committees names were delivered to M r Colebrand The Bill against the excess of Apparel was read the third time and passed upon the Question M r Serjeant Drew and Mr. Doctor Stanhop did bring from the Lords a Bill Intituled An Act for the reformation of the abuses touching Wine-Casks with special recommendation for the speedy proceeding in the same Bill and did further bring word from their Lordships that whereas their Lordships received a Bill from this House Intituled An Act for the reviving continuance and explanation of divers Statutes which Bill as their Lordships do wish good success unto so their Lordships do in that respect pray present Conference of some convenient number of this House with six of their Lordships Whereupon Mr. Shirley Mr. Snagg Mr. Duport Mr. Francis Moore Mr. George Crooke Mr. Finch Mr. Oldsworth Sir Robert Wroth Mr. Wiseman Mr. Boyes Mr. Tasborough Mr. Colebrand Mr. George Moore Sir Francis Hastings and Mr. Serjeant Lewkenor were presently appointed for that purpose accordingly Four Bills were sent up to the Lords from the House of Commons by Sir Francis Hastings and others of which the first was the Bill for Confirmation of Statutes Merchants acknowledged in the Town Corporate of Newcastle upon Tyne And the second was for the renewing continuance and explanation of an Act for the necessary relief of Souldiers and Mariners Mr. Secretary one of the Committees in the Bill for reforming of sundry abuses committed by Souldiers and others used in her Majesties Services concerning the Wars who were appointed on Friday the 27 th day of January foregoing shewed that he and the other of the Committees of this House have attended the Committees of their Lordships in that Bill accordingly And that they found their Lordships very honourably inclined to hear the further minds and opinions of this House touching any the parts or points of the said Bill for their Lordships better satisfactions concerning the same And so moving for another meeting of the said Committees of this House to consider and confer touching the said Bill amongst themselves in the mean time the Committees names were thereupon read by the Clerk and the time of their meeting set down to be to Morrow at two of the Clock in the Afternoon in the Exchequer Chamber Mr. Francis Bacon one of the Committees in the Bill lately passed in the Upper House and sent down by the Lords to this House Intituled An Act against the decaying of Towns and Houses of Husbandry shewed the meeting of the Committees and that the more part of them being imployed in the Committee of a Bill for the more speedy payment of the Queens Majesties Debts who were appointed on Tuesday the 31 th day of January foregoing And in the Bill for the better explanation of the Act made in the thirteenth year of her Majesties Reign Intituled An Act to make the Lands Tenements Goods and Chattles of Tellors Receivors c. liable to the payment of their Debts they would proceed in the said other Bill and so moved for another meeting for that purpose Whereupon it was Ordered the same should be at two of the Clock in the Afternoon of this present day in the Exchequer Chamber Mr. Serjeant Drew and Mr. Doctor Stanhop did bring from the Lords a Bill lately passed in this House and sent up to their Lordships Intituled An Act for the establishing of the Lands given by John Bedfords Will to the perpetual repair and Amendments of the Highways at Aylesbury in the County of Buckingham according to the said Will And did shew that their Lordships had likewise passed the same Bill in the Upper House with some Amendments and with a Proviso annexed unto the same by their Lordships and so did deliver the said Bill to Mr. Speaker Sir Francis Hastings and others returning from the Lords he shewed the delivering of the Bills unto their Lordships which were sent up unto them by himself and others the Members of this House The Bill for Reformation of abuses in Wine-Casks was upon the second reading committed unto Sir Robert Wroth the Knights and Burgesses of London Mr. Snagg Mr. Wiseman Mr. Thomas Smith the Burgesses of York Mr. Peirson Mr. Hext Mr. Stevenson Mr. George Moore and Mr. Lilley and the Bill and Committees names were delivered to Mr. Hext who with the rest was appointed to meet to Morrow in the Morning at eight of the Clock in the Committee Chamber On Saturday the 4 th day of February Mr. John Shirley one of the Committees in the Bill for the better Execution of Judgment who were appointed on Wednesday the 25 th day of January foregoing shewed the meeting and travel of the Committees and some their Amendments in the Bill and so delivered in the Bill The Bill for erecting and building of a Bridge over the River of Wye at Wilton upon Wye near the Town of Rosse in the County of Hereford was read the third time and passed upon the question M r Doctor Carew and M r Doctor Stanhop did bring from the Lords a Bill passed in this House and sent up to their Lordships intituled An Act for establishing a Joynture to Anne Lady Wentworth now wife of William Pope Esquire and for the better enabling of William Pope aforesaid to sell certain of his Lands for the payment of his Debts and another for the confirmation of the Jointure of the Lady Verney wife of Sir Edmund Verney Knight which Bill their Lordships have also passed with some Amendments The Bill for the more speedy payment of the Queens Majesties Debts and for the better explanation of the Act made in the 13. year of the Queen intituled An Act to make the Lands Tenements Goods and Chattels of Tellors Receivours c. lyable to the payment of their debts was read the third time and after very many Speeches and Arguments both with the Bill and against the Bill was
in the end passed upon the Question and upon the division of the House with the advantage of thirty three voices viz. with the Yea one hundred ninety five and with the No one hundred and twelve M r Doctor Carew and M r Doctor Stanhop did bring from the Lords a Bill lately passed in this House and sent up to their Lordships intituled An Act against the deceitful Stretching and Taintering of Northern Cloaths and did shew that their Lordships have also passed the same Bill in the Upper House with some Amendments added by their Lordships to the same Bill and so did deliver the Bill to M r Speaker The said M r Doctor Carew and M r Doctor Stanhop did bring from their Lordships a Bill lately passed in this House and sent up unto their Lordships intituled An Act for the reviving continuance explanation perfecting and repealing of divers Statutes and did shew that their Lordships have in like manner passed the same Bill with some Amendments and a Proviso and so delivered in the Bill and Proviso to M r Speaker On Monday the 6 th day of February two Bills had each of them one Reading of which the first being the Bill for reformation of retailing Brokers and Pawn-takers was read the first time M r Boyes one of the Committees in the two Bills the one against carrying of Corn out of the Realm and the other to restrain the lading of Corn in some Ports shewed the meeting and travel of the Committees with some Amendments in one of the same Bills and so delivered in the same Bills into this House M r Francis Bacon one of the Committees in the Bill lately passed in the Upper House by the Lords and sent down to this House against the decaying of Towns and Houses of Husbandry shewed the meeting and travel of the Committees and their Amendments to the same Bill which Amendments being read to the House were very well liked of by the whole House Thomas Bashfield was present at the Bar and charged with a contempt against the priviledge of this House in disturbing by way of an Appearance of Robert Sherry a Member of this House returned a Burgess for the Town of Ludlow in the County of Salop and was for his said contempt then committed to the Serjeants Ward there to remain during the Pleasure of this House and was on the next day after discharged of his Imprisonment paying his Fees and taking the Oath of Supremacy Five Bills were sent up to the Lords from the House of Commons by M r Comptroller and others of which the last was the Bill for the Conrfimation of the Joynture of Mary Lady Verney wife of Sir Edmund Verney Knight The Amendments and Provisoes of the Lords in the Bill lately passed in this House for establishing of the Lands given by John Bedfords Will to the perpetual repair and amendments of the Highways at Aylesbury in the County of Bucks according to the said Will being three times read the same Amendments were assented unto and the Proviso likewise passed upon the question M r Doctor Carew and M r D r Stanhop did bring from the Lords a Bill lately passed in this House and sent up to their Lordships for the further continuance and explanation of an Act for the necessary relief of Souldiers and Mariners made in the thirty fifth year of the Queens Majesties Reign that now is and did shew that their Lordships have in like Case passed the same Bill in the Upper House with some Amendments and so delivered in the said Bill to M r Speaker The Bill for the Amendments of the High-ways in the Counties of Sussex Surry and Kent was read the third time and passed upon the question The Amendments of the Committees of this House in the Bill lately passed by the Lords against the decay of Towns and Houses of Husbandry and sent down by their Lordships into this House being three times read were assented unto by this House upon the question accordingly Whereupon the said Bill and Amendments being read for the third reading and put to the question for the passing the said Bill and Amendments in that form were passed by this House upon the same question M r Doctor Carew and M r Doctor Stanhop did bring from the Lords two Bills of which the first was the Bill for the draining and recovery of certain overflown Grounds in the County of Norfolk and delivered the same Bill to M r Speaker On Tuesday the 7 th day of February Two Bills of no great moment had each of them one reading of which the second being the Bill for establishing a Joynture to Anne Lady Wentworth now Wife of William Pope Esquire and for the better enabling of the said William Pope to sell certain of his Lands for the payment of his debts was read the second time and committed to Mr. Comptroller Mr. Lewkenor Mr. Francis Bacon Mr. Oglethorpe Mr. Boyes with divers others who were appointed to meet this Afternoon at two of the Clock in the Court of Wards The Amendments and Proviso of the Lords in the Bill lately passed in this House intituled An Act for the reviving continuance explanation perf cting and repealing of divers Statutes being thrice read the Amendments were assented unto and the Proviso was passed upon the question The Bill lately passed in this House intituled An Act for the amendment of Highways in Sussex Surry and Kent The Bill for the establishing the Lands given by John Bedford's Will to the perpetual repair and amendments of the Highways at Aylesbury in the County of Buckingham with one other of no great moment were sent up to the Lords by Mr. Comptroller Mr. Chancellor and others The Bill for the better measuring of seven Miles from the Town of Great-Yarmouth according to a Statute made in the 31 th Year of King Edward the Third was read the third time and dashed upon the Question by the division of the House with the difference of eighteen Voices viz. with the No a hundred and eight and with the Yea ninetv M r Serjeant Drew and M r Doctor Carew did bring word from the Lords that their Lordships do desire a Conference of a convenient number of the Members of this House with twenty of their Lordships this Afternoon in the Chamber next the Upper House touching the Bill lately passed in this House Intituled An Act against the excess of Apparel Whereupon it was Ordered that the former Committees of this House in the same Bill who were appointed on Thursday the 19 th day of January foregoing shall attend their Lordships accordingly Post Meridiem The Bill for reformation of retailing Brokers and Pawn-Takers was read the second time and thereupon committed unto M r George Moore M r Hart M r Recorder of London M r Lewkenor M r Wiseman M r Ludlow Sir John Leviston M r Crompton M r Conisby M r Lidley M r Johnson and M r Doctor Parkins who were appointed to meet to Morrow
by Thomas Holcroft Henry Cavendish and William Cavendish Esquires to be annext to the Bill Intituled An Act for Confirmation of Grants made to the Queens Majesty and others It was at last agreed that the Lord Chief Justice of her Majesties Bench the Lord Chief Justice of the Common-Pleas calling unto them the rest of the Judges and M r Attorney General should draw some new Provisoes such as they should think indifferent for all Parties and meet to be annexed to the said Bill and should present the same to the Lords to Morrow in the Morning before their Conference with the House of Commons about the said Bill Vide concerning this matter on Thursday the 17 th day of this instant December ensuing The Lord Keeper signified unto their Lordships that he received Commandment from her Majesty to let them understand her Pleasure to be that the Parliament should end upon Thursday the 17 th day or Friday the 18 th day of this instant December at the furthest to the end their Lordships may repair home into their Countries against Christmas And therefore she required them to imploy and spend that time which remaineth in matters concerning the publick and not in private Causes Memorandum Quod die decimo praedicto viz. dicti Mensis Decembris Those of the House of Commons that were appointed to confer with some of the Lords upon the Message lately sent from the said House signifying their desire of Conference for some matter touching the Honour of both Houses did make known unto the Lords of the Committees nominated for that purpose that the occasion of such their Message was for that as they were informed M r Attorney General had preferr'd a Bill into the Star-Chamber against one Belgrave a Member of the House of Commons for and concerning some matter of misdemeanour pretended to be done towards the Earl of Huntington a Lord of the Upper House And therefore they desired this mutual Conference letting their Lordships understand that to the preferring of the said Bill they conceived just exceptions might be taken by them for two respects First That Belgrave being a Member of the House of Commons was thereby vexed and molested during his Service in the time of Parliament contrary to the Honour and Priviledge of the House saying that no Member of that House ought by any such means in time of his Service to be distracted either in body or mind The other because in the said Bill preferr'd by M r Attorney General who had been heretofore Speaker of that House and therefore as they thought ought to have more regard to the honour and liberty of the same certain words and clauses were inserted which were taken to be prejudicial and derogatory to the honour of the said House And therefore they desired that the Lords would peruse and consider of the said Bill Whereupon the said Bill being offered to be read and for as much as it appeared that it was not an authentick Bill testified by the hand of the Clerk of the Star-Chamber as had been meet the Lords thought it not meet though otherwise they were willing to have it read nor agreeable to the proceeding of such a Court that the said Bill or Scroll shall be received to reading And therefore with a Message to that effect were pleased to send it down again to the House of Commons by M r Serjeant Yelverton and M r D r Hone who finding the House risen before they came brought the said Bill back again Vide concerning this matter on Monday the 14 th day of this instant December following On Friday the 11 th day of December the Bill concerning Captains Souldiers and other in the Queens Services in the Wars was returned to the House by the Lord Steward with certain Amendments and a Proviso thought meet by the Committees whose names see on Thursday the 12 th day of November foregoing as also on Tuesday the 8 th day of this instant December last past which Amendments and Provisoes were presently twice read and thereupon the Bill Commanded to be ingrossed The Bill for maintenance of the Navy encrease of Mariners c. which was committed on Monday the 7 th day of this instant December foregoing although the mention thereof as being of little moment be there purposely omitted was returned to the House by the Lord Treasurer the first of the Committees with certain Amendments which were presently twice read Four Bills were brought up to the Lords from the House of Commons of which the two last were one for the Assurance of the Parsonage of the Vicaridge of Rotherston in the County of Chester and a Scholars Room in the Cathedral Church of Christ in Oxon of the Foundation of K. H. 8. by the Dean and Chapter of the said Cathedral Church to Thomas Venables Esq and his Heirs for ever And the other for the Augmentation of Rachel Wife of Edward Nevil in the Counties of Kent both which Bills were read primâ vice Memorandum A Proviso being drawn by the Judges for the Bill for Confirmation of Grants made by her Majesty c. as by the Court was Yesterday appointed the same was presented to the House by the Lord Treasurer the second of the Committees testified by M r Attorney General that both Parties viz. the Earl of Shrewsbury and Thomas Holcroft Esq c. like of it and the same was read primâ vice and Conference had immediately with the Committees of the House of Commons in the Outward Chamber Vide concerning this matter on Thursday the 17 th day of this instant December following The Bill before-mentioned sent down Yesterday by M r Serjeant Yelverton and D r Hone was sent by them again with the same Message and moreover to signifie unto them that the Lords are ready to have Conference with them Whereunto the House of Commons returned Answer that for the Conference they are ready to meet with the Lords forthwith And concerning the Bill they will do what shall be fit Vide Concerning this on Thursday the 17 th of December ensuing On Saturday the 12 th day of December Eight Bills were brought up to the Lords from the House of Commons by M r Secretary Cecill M r Secretary Herbert and others which were each of them read primâ vice of which the first was for reformation of abuses in Sheriffs and other their inferiour Officers for not duly executing Writs of Proclamation upon Exigents according to the Statute of 31 Eliz. And the second was the Bill for prohibiting Fairs and Markets to be holden on the Sunday Two Bills also had each of them one reading of which the first being the Bill for the Grant of four entire Subsidies and eight Fifteenths and Tenths granted by the Temporalty was read primâ vice Vide concerning this Bill on Monday the 14 th day and on Tuesday the 15 th day of this instant December ensuing The Lords and those of the House of Commons not having time yesterday to
his eldest Son Edward Craysord should enter into sufficient Bond unto the said William Vaughan without hazard of the Bond for themselves and their Heirs that they and every of them shall stand to the Award and Arbitrement of the Earl of Worcester the Lord Bishop of London and the Lord Cobham or any two of them And that also the said William Vaughan shall enter into like Bond with a sufficient surety for himself and his Heirs to stand to the said Award of the Lords before-mentioned or any two of them so as such Award be made before the Feast of Easter next following And moreover it is Ordered by the Court that if they or either of them shall refuse to enter into Bond according to the said Order That the Lord Keeper notwithstanding the ending of the Parliament and thought it be after the time shall commit them or either of them to close Prison so refusing there to remain until the party refusing be conformable to the said Order Vide concerning this matter on Tuesday the first day Wednesday the second day Thursday the third day Friday the fourth day Monday the fourteenth day Tuesday the fifteenth day and on Friday the eighteenth day of this instant December foregoing Dominus Custos Magni Sigilli continnavit praesens Parliamentum usque ad horam secundum post meridiem hujus instantis diei About which hour in the Afternoon the Queens Majesty was personally present being accompanied with the Lord Archbishop of Canterbury Sir Thomas Egerton Knight Lord Keeper of the Great Seal the Lord Buckhurst Lord Treasurer of England and with divers other Lords Spiritual and Temporal but what was there done is not mentioned in the Original Journal of the Upper House and is therefore supplied out of a very elaborate private Journal of the House of Commons Her Majesty with divers Lords Spiritual and Temporal being set in the Upper House in their Parliament Robes between two and three of the Clock in the Afternoon the Knights Citizens and Burgesses of the House of Commons had notice thereof and thereupon repaired thither with John Crooke Esquire Recorder of London their Speaker who being placed at the Rail or Bar at the lower end of the said Upper House after he had made three Reverences to her Majesty fitting under a rich Cloth of State spake to this effect following That Laws were not at first made with humane Pen but by Divine Ordinance That politick Laws were made according to the evil conditions of Men and that all Laws serve not for all times no more than one Medicine for all Diseases If he were asked what were the first and chiefest thing to be considered he would say Religion So Religion is all in all for Religion breeds Devotion Devotion breeds Zeal and Piety to God which breedeth Obedience and Duty to the Prince and obedience of the Laws which breedeth Faithfulness and Honesty and Love Three necessary and only things to be wished and observed in a well Governed Common-Wealth And that her Majesty by planting true Religion had laid such a Foundation upon which all those Virtues were so planted and builded that they could not easily be rooted up and extirpated And therefore he did acknowledge that we ought and do acknowledge that we will praise God and her Majesty for it And then he descended to speak of Governments and Laws of Nations among and above all which he principally preferr'd the Laws of this Land which he said were so many and so wise that there was almost no offence but was met with in a Law Notwithstanding her Majesty being desirous for the good of her Land to call a Parliament for redress of some old Laws and making some new her dutiful and loving Subjects having considered of them have made some new and amended some old which they humbly desire may be made Laws by her most Royal Assent which giveth life unto them And so after thanks given for the Pardon by which we dread your Justice and admire your mercy and a prayer unto her Majesty that she would accept as the Testimonies of our Love and duty offered unto her with a free Heart and willing Spirit Four entire Subsidies and Eight Fifteenths and Tenths to be collected of our Lands and Livelihoods In speaking whereof he mistook and said Four entire Fifteenths and Eight Subsidies but he was remembred by some of the Councel that stood near about him and so spake right as aforesaid and having craved pardon for his offence if either he had forgotten himself in Word or Action he ended The which the Lord Keeper Answered thus in effect First as touching her Majesties proceedings in the Laws for her Royal Assent that should be as God should direct her Sacred Spirit Secondly For your presentation of Four Subsidies and Eight Fifteenths and Tenths Thirdly your humble thankfulness for the Pardon for them and yourself I will deliver her Majesties Commandment with what brevity I may that I be not tedious to my most gracious Sovereign First she saith touching your proceeding in the matter of her Prerogative that she is perswaded Subjects did never more dutifully And that she understood you did but obiter touch her Prerogative and no otherwise but by humble Petition And therefore that thanks that a Prince may give to her Subjects she willingly yieldeth But she now well perceiveth that private respects are privately masqued under publick presence Secondly touching the presentation of your Subsidy she specially regardeth two things both the persons and the manner For the first he fell into Commendations of the Commonalty for the second the manner which was speedy not by perswasion or perswasive inducements but freely out of duty with great contentment In the thing which ye have granted her Majesty greatly commendeth your confidence and Judgment And though it be not proportionable to her occasions yet she most thankfully receiveth the same as a loving and thankful Prince And that no Prince was ever more unwilling to exact or receive any thing from the Subject than she our most gracious Sovereign For we all know she never was a greedy Grasper nor strait-handed Keeper And therefore she commanded me to say that you have done and so she taketh it dutifully plentifully and thankfully For your self M r Speaker her Majesty commanded me to say that you have proceeded with such Wisdom and Discretion that it is much to your Commendations and that none before you hath deserved more And so he ended after an Admonition given to the Justices of the Peace that they would not deserve the Epithetes of prolling Justices Justices of Quarrels who counted Champetrie good Chevesance Sinning Justices who do suck and consume the wealth and good of the Common-Wealth and also against those who lie if not all the Year yet at least three quarters of the year in this City of London After the before-recited Speeches were ended as abovesaid then were the titles of all the Acts read in their due
Order After which ended and her Majesties Assent thereunto then the Dissolution of the Parliament followed by the Lord Keeper which is entred in the Original Journal-Book of the Upper House in these words following viz. Dominus Custos magni Sigilli ex mandato Dominae Reginae Dissolvit hoc praesens Parliamentum THE JOURNAL OF THE House of COMMONS A Journal of the Passages of the House of Commons in the Parliament holden at Westminster Anno 43 Reginae Eliz. Anno Domini 1601. which began there on Tuesday the 27 th Day of October and then and there continued until the Dissolution thereof on Saturday the 19 th Day of December ensuing Anno 44 Reginae ejusdem THIS large and copious Journal containeth in it not only a number of excellent Passages concerning the Orders and Priviledge of the House of Commons which are usually found in other Journals of the same House but also much matter touching the publick State and that great grievance of the Realm by reason of Patents of Priviledge or Monopolies in the abdication or censure of which her Majesty most graciously concurr'd with her Subjects In which also a great number of Speeches and other Passages which were not found in the Original Journal-Book of the said House are supplied out of a Journal of the same House taken at this Parliament by one of the Members thereof But yet to avoid confusion whatsoever is here inserted out of the said private Journal is particularly distinguished from that which is taken out of the above-mentioned Original Journal-Book of the House of Commons by some Animadversion or expression thereof both before and after the inserting of it The tenth Parliament of our Sovereign Lady Elizabeth by the Grace of God of England France and Ireland Queen Defender of the Faith c. begun at Westminster upon Tuesday being the 27 th day of October in the forty third year of her Majesties Reign upon which day many of the Knights for the Shires Citizens for Cities Burgesses for Boroughs and Barons for Ports returned into the same Parliament did make their appearance at Westminster aforesaid before the Right Honourable the Earl of Nottingham Lord Admiral and Lord Steward of her Highnesses most Honourable Houshold and did then and there take the Oath according to the Statute in that behalf made and provided tendred by the said Earl or by his Deputies who were Sir William Knolls Comptroller of her Majesties Houshold Sir John Stanhop her Highness Vice-Chamberlain Sir Robert Cecill Principal Secretary and John Herbert Esq second Secretary After which all the said Lord Steward's Deputies and some others of the House of Commons having gotten into the Upper House and her Majesty with divers of the Lords Spiritual and Temporal being set the greatest part of the residue of the Members of the said House of Commons had notice thereof about four of the Clock in the Afternoon being at that time still suting in the said House and expecting her Majesties Pleasure to be sent for up unto the said Upper House according to the antient usage and custom of former Parliaments And thereupon the said residue repaired immediately unto the Door of the said House but could not be let in the Door being still kept shut and so returned back again unto their own House much discontented Shortly after which time the Right Honourable Sir William Knolls one of the Deputies aforesaid came down into the said House of Commons and so being there set with the said residue for some little space of time M r Richard Lieffe one of the Barons returned into this present Parliament for the Port of Hastings in the County of Sussex stood up and shewing unto the said Comptroller the wrong done unto the greatest part of the Members of this House in their not being suffered to come into the said Upper House to hear her Majesties Pleasure signified by the Mouth of the Lord Keeper of the Great Seal of England humbly desired the said Comptroller to be a means that the effect thereof might be imparted unto some of the Members of this House for their better satisfactions Which as his Honour did think very reasonable and meet to be done at convenient time so did he impute the said fault wholly to the Gentleman-Usher of the said Upper House Which done and the residue of the said Deputies being shortly after come into the said House of Commons and there sitting the said M r Comptroller after some pause stood up and shewing unto this House that his place was to break the silence of this House for that time and putting the House in mind to make Choice of a Speaker according to her Majesties Pleasure given unto them in that behalf shewed that in his opinion he thinketh M r John Crooke Recorder of London returned one of the Knights for the City of London into this present Parliament to be a very fit able and sufficient Man to supply the whole Charge of the said Office of Speaker being a Gentleman very Religious very Judicious of a good Conscience and well furnished with all other good parts yet leaveth nevertheless the further consideration thereof to this House and so did sit again Which done and no one contrary Voice at all being delivered the said M r Crooke after some large Pause first taken stood up and very Learnedly and Eloquently endeavoured to disable himself at large for the burthen of that charge alledging his great defects both of Nature and of Art fit to supply that place and shewing all full Complements for the same to abound in many other Learned and grave Members of this House in the end prayed most humbly that they would accept of his due excuse and be pleased to proceed to a new Election and did then sit down again Whereupon the said M r Comptroller did stand up and said that hearing no negative Voice he took it for a due Election and demanding the further opinion of this House therein they all Answered Yea and gave their Assents Whereupon the said M r Comptroller and the Right Honourable Sir John Stanhop her Majesties Vice-Chamberlain immediately went to the said M r John Crooke and did set him in the Chair which done the said M r Crooke after some little pause did stand up and yielding unto this whole House most humble thanks for their great good opinion of him and loving favour towards him and praying them to accept of his willing mind and readiness and to bear with his unableness and wants in the service of this House referr'd himself to their good favours And then the said M r Comptroller signified further unto this House that her Majesties Pleasure was that the Members of this House having made choice of their Speaker should present him unto her Highness upon Friday next following in the Afternoon And so then every man departed and went his way On Friday the 30 th day of October about one of the Clock in the Afternoon the Knights Citizens and
eighty persons with the Offenders to appear what great multitudes this will bring together what quarrelling and danger may happen besides giving Authority to a mean Church-Warden how prejudicial this may be c. with divers other reasons against it As also some Ambiguities and Equivocations therein The Proviso newly added being a plain Toleration from coming to Church and that the Parson could not present or constrain any if they said Service at home So it was put to the question thrice together and because the truth could not be discerned the House was again divided and the I I I went forth and were a hundred and five and the Noes within a hundred and six So they got it by one Voice and the I I I lost but then the I I I said they had M r Speakers which would make it even And then it grew to a question whether he had a Voice Sir Edward Hobbie who was of the I I I side said that when her Majesty had given us leave to chufe our Speaker she gave us leave to chuse one out of our own number and not a Stranger a Citizen of London and a Member and therefore he hath a Voice To which it was answered by Sir Walter Ralergh and confirmed by the Speaker himself that he was foreclosed of his Voice by taking that place which it had pleased them to impose upon him and that he was to be indifferent for both Parties And withal shewed that by the Order of the House the Bill was lost M r Bowyer Secretary to the old Lord Treasurer Buckhurst said M r Speaker I think it not lost for there hath been foul and great abuse offered in this matter A Gentleman that would willingly go sorth according to his Conscience was pulled back Though I much reverence my Masters of the Temple and am bound to our Benchers of the Middle-Temple yet if it will please the House and you M r Speaker to command me to name him I will The greatest Voice said no yet M r Secretary Cecill willed him to name him and he said it was M r Dale of the Middle-Temple Sir Walter Raleigh said why if it please you it is a small matter to pull one by the Sleeve for so have I done my self ostentimes And great loud Speech and stir there was in the House M r Comptroller after silence said We have been often troubled by a Physician meaning M r Bond and he hath been spoken against He troubled us with Aristotle and other Books if he had stayed there it had been well but I think we had need of Physicians to stay our Heads and cool our heats and humours not fitting a Court of Parliament for it is a most intolerable disorder I think the offence is a hainous offence both against God and this Assembly For the first in that every man is to go according to his Conscience and not by compulsion And for the other Gentleman Sir Walter Raleigh that said he had often done the like I think he may be ashamed of it for large is his Conscience if in a matter of so great consequence he will be drawn either forwards or backwards by the Sleeve And I think it so hainous that he deserves to Answer it at the Bar meaning M r Dale but because Sir Walter Raleigh was last named it was taken to be meant of him M r Secretary Cecill said I am sorry to see this Disorder and little do you know how for disorder the Parliament is taxed I am sorry I cannot say slandered I had hoped as this Parliament began gravely and with Judgment so we should have ended modestly and at least with discretion I protest I have a Libel in my Pocket against the Proceedings of this Parliament The offence which the Gentleman that last spake spoke of I confess is great and punishable And this I wish may be inflicted on him that he whose Voice may be drawn either forwards or backwards by the Sleeve like a Dog in a string may be no more of this House And I wish for his Credits sake he would not But that it should be so great to be called to the Bar I see no reason neither do I know why any in this House should speak so imperiously as to have a Gentleman of his place and quality pointing to Sir Walter Raleigh called to the Bar I see no reason for it For the matter it self the Noes were a hundred and six and the I I I a hundred and five the Speaker hath no Voice and though I am sorry to say it yet I must needs confess lost it is and farewel it There was another Gentleman a No pulled out as well as the other was kept in and therefore it had happened even howsoever for M r Edward Jones and M r Barker pulled out Lyonell Ducket The residue of this Afternoons Passages and part of the next day do now next follow out of the Original Journal-Book of the House of Commons it self viz. M r Doctor Carew and M r Doctor Hone did bring from the Lords two Bills passed with their Lordships of which the first was the Bill concerning Captains Souldiers Mariners and other the Queens Services in the Wars M r Serjeant Yelverton and M r Doctor Hone being come from the Lords do declare that their Lordships do desire another Conference between the Committees of this House and the Committees of their Lordships which they do appoint to be upon Monday next at the fore-appointed hour and place And that the former Committees who were appointed on Thursday the 12 th day of November foregoing or others whom this House shall thereunto appoint may have Authority from the House to conclude and resolve upon the Bill lately passed from this House unto their Lordships viz. the Bill for Confirmation of Grants and Letters Patents c. which was by the House Ordered and agreed unto accordingly On Monday the 14 th day of December Two Bills had each of them one reading of which the second being the Bill touching Cosening Bankrupts was read the first time and upon the question and division of the House Ordered not to be read any more with the Yea thirty five with the No forty five Two Bills also had each of them one reading of which the second being the Bill for the draining of certain surrounded grounds c. had its second reading and was delivered to the former Committees who were appointed on Tuesday the first day of this instant December foregoing to meet in the Exchequer Chamber this Afternoon at two of the Clock The Bill touching Denizens after some questions and Arguments whether Matthew de Quester should pass and be inserted among the rest being thrice read it was passed upon the question M r Moore made Report of the meeting of the Committees in the Bill for continuance repeal and explanation of certain Statutes and delivered in the Bill with some Additions and Provisoes The Amendments Additions and Provisoes in the Bill
Burgesses with their said Speaker returned unto their own House And being come thither and the Speaker set in his Chair one Bill according to the usual form was read which was for the assurance of Purchasers against incumbrances On Saturday the 21 th day of January the Litany being read by the Clerk and the old Prayer that was used in former Sessions read also by the Speaker M r Speaker made a short Oration to the House partly touching himself and partly touching them For his own part acknowledging his infirmities and praying both their patience and assistance and for them he advised them to use reverent and discreet Speeches to leave curiosity of form and to speak to the matter and for that the Parliament was likely to be very short willed them further to forbear speaking to Bills at the first reading and not to spend too much time in unnecessary Motions or supersiuous Arguments And further desired them that they would see their Servants Pages and Lackies attending on them kept in good order Which ended a Motion was made that M r Speaker and the residue of the House of the better sort of Calling would always at the rising of the House depart and come forth in comely and civil sort for the reverence of the House in turning about with a low Courtesie like as they do make at their coming into the House and not so unseemly and rudely to thrust and throng out as of late time hath been disorderly used which Motion made by Sir James Croft Knight Comptroller of her Majesties Houshold was very well liked of and allowed of all this House The Bill for reformation of disorders of the Clerk of the Market and his Deputies was read the first time M r Paul Wentworth made a Motion for a publick Fast and daily Preaching the Fast to be appointed upon some one certain day but the Preaching to be every Morning at seven of the Clock before the House did sit that so they beginning their proceeding with the Service and Worship of God he might the better bless them in all their Consultations and Actions Sir Francis Knolles Treasurer of the Queens Houshold spake against this Motion M r Thomas Cromwell spake for it M r Alford against it M r Cooke for it M r Secretary Wilson for it M r Serjeant Flowerden for it and M r Norton shewed Precedents that there had been Fasts in London by Order only from the Council by which it seemeth he intended to infer that a Parliament might much rather appoint it Hereupon the House being divided and many Arguments being spent pro con at length the said matter in question was put to Voices and the better side had the greater number for there were a hundred and fifteen Voices for it and but a hundred against it and so it was Ordered that as many of the House of Commons as convenient could should on the Sunday seven-night after being the 29 th day of this instant January Assemble and meet together in the Temple Church there to hear Preaching and join in Prayer together with Humiliation and Fasting for the assistance of Gods Spirit in all their Consultations during this Parliament and for the Preservation of the Queens Majesty and her Realms and that the Preachers who should perform the work and service of that day might be appointed by such of her Majesties Council as were of the House to the intent that they may be discreet persons and keep convenient proportion of time without intermedling with matter of innovation or unquietness This day also it was Ordered that the House should be called on Wednesday next being the 25 th day of this instant January in the Afternoon that so it might appear who did diligently intend the business of the House and who did negligently absent themselves M r Broughton also this Forenoon made a Motion to know the mind of the House touching his Companion or Fellow Burgess who now stood indicted of Felony whether he ought to remain of the House or to forbear coming or that a new one should be Elected in his place Whereupon after the matter had been a while agitated and disputed of in the House it was adjudged that he ought to remain of the House till he were Convicted for it may be any mans case who is guiltless to be accused and thereupon indicted of Felony or a like Crime After which Judgment given by the House M r Norton did further inform them that the Lord Chancellor willed him to signifie unto the House that this matter had been moved to him and that a new Writ had been desired of him for the Election of another in the place of the said Burgess but that his Lordship had refused to yield thereunto and had further alledged that he ought first to be removed by the Judgment of the House and that thereupon the House signifying so much to his Lordship he would thereupon grant a new Writ for a second Election to be made The Judgment of the Lord Chancellor who was both Learned in the Laws and had been an antient Parliament man was much commended by the House and the rather because it so opportunely concurred at this time with the Judgment of the House Which resolution seemeth cross to that former opinion before-given in the House on Thursday last past the 19 th day of this instant January viz. that new Burgesses being returned in the place of others living were to be allowed and received in the House But yet I conceive that these two opinions may well stand together for here the Lord Chancellor was pleased not to grant a Writ for a new Election but to stay the Judgment of the House which was without all question the most just and safe way of Proceeding whereas in those other before-recited Cases he had granted out Writs for new Elections upon meer suggestions and then without all question the Burgesses returned upon those Writs are to be received into the House and must remain as Members thereof until they be again rejected by the Judgment of the House So also it is if a Sheriff shall return one for a Knight of a Shire who was unduly or not at all Elected yet he that is so returned remaineth a Member of the House until his said Election be declared void by the Judgment of the House But why in the said former Case one Elected in a place of a Burgess sick upon suggestion doubtless that he could not recover should be adjudged by the House to be well Elected and returned notwithstanding that the former Burgess was present in the Parliament and had recovered his health I cannot possibly guess Vide March 18 th postea January 22. Sunday On Monday the 23 th day of January the House being Assembled did sit till eleven of the Clock without the Speaker for that he was all that time at the Court in which mean time the Serjeant of the House apprehended one William Hanney Servant to Anthony