can be made of it in the Upper House or that be called for the House must of necessity be set and be in agitation of Business and then the Course is if any thing come to the Question the Clerk of the Parliament or his Deputy is to search the Journal Book to see whether such Lords as give their Voices for others that be absent be indeed nominated and appointed their Proctors This same day were many other Proxies both usual and extraordinary returned of which and of the nature and forms of Proxies more shall be presently said after the setting down of the return of the said Proxies inserted at the beginning of the Original Journal Book of this first Parliament of the Queen in manner and form as followeth Eodem die viz. 23. die Januarij Introductae sunt Literae procuratoriae Johannis Domini Mordant in quibus procuratores suos constituit Henricum Comitem Arundel et Franciscum Comitem Bedford Vacat Eodem die introductae sunt Literae procuratoriae Thomae Tresham prioris Sti. Johannis Jerusalem in Anglia qui procuratorem suum constituit Nicholaum Archiepiscop ' Eboracen Eodem die introductae sunt Literae procuratoriae Willielmi Domini Paget qui procuratores suos constituit Henricum Comitem Arundel Franciscum Comitem Bedford Eodem die introductae sunt Literae procuratoriae Cuthberti Episcopi Dunelmen ' qui procuratorem suum constituit Archiepiscopum Eboracen Eodem die Introductae sunt Literae procuratoriae Johannis Comitis Bathon ' qui procuratorem suum constituit Henricum Comitem Rutland Eodem die Introductae sunt Literae procuratoriae Georgij Domini Zouch qui procuratorem suum constituit Franciscum Comitem Bedford Eodem die Introductae sunt Literae procuratoriae Henrici Domini Aburgavenae qui procuratorem suum constituit Franciscum Comitem Bedford Eodem die Introductae sunt Literae procuratoriae Thomae Episcopi Ely in quibus procuratores suos Constituit Nicholaum Archiepiscopum Eboracen ' Episcopos Cestren ' et Lincoln And Note that the Christian Names of these two Bishops are omitted in the original Entrance Introductae sunt Literae procuratoriae Willielmi Domini Burgh in quibus procuratorem suum constituit Edwardum Dominum Clinton Admirallum Angliae Introductae sunt Literae Procuratoriae Edwardi Domini Windsor ' in quibus procuratorem suum constituit Edwardum Dominum Clinton Admirallum Angliae Introductae sunt Literae procuratoriae Willielmi Domini Euers in quibus procuratorem suum constituit Edwardum Dominum Clinton Admirallum Angliae Introductae sunt Literae procuratoriae Gilberti Episcopi Bathen ' Wellen ' qui procuratores suos constituit Nicholaum Archiepiscopum Eboracen ' Edmund ' London ' et Davidem ' Petreburgen ' Episcopos Introductae sunt Literae procuratoriae Henrici Episcopi Meneven ' in quibus procuratores suos constituit Nicholaum Archiepiscopum Eboracen ' ac Davidem ' Petreburgen ' Episcopos The Proxies introducted this day and entred in the beginning of the Original Journal Book of the Upper House as the constant use is are referred by me always to those days on which they were entred to have been returned unless it be in such Journals where the day of the return is not entred as in the Original Journal Book A. 39. Regin Eliz. from which time to this day the same Course hath been observed And because I have desired to make up a work somewhat exact and perfect of the Journals of the Reign of this most Gracious Queen and once for all to make some Animadversions upon all matters of form in this Journal of her Majesties first Parliament that so all other may be referred unto it therefore I shall now add a little touching the nature kinds and use of Proxies as I have set downbefore touching the Writs of Summons A Proxie therefore is no more than the constituting of some one or more by an absent Lord to give his Voice in the Upper House when any difference of Opinion and Division of the House shall happen for otherways if no such Division fall out it never cometh to be questioned or known to whom such Proxies are directed nor is there any the least use of them save only to shew prove and continue the Right which the Lords of the Upper House have both to be Summoned and to give their Voices in the same House either in their Persons or by their Proxies And when the Voices of that House are to be divided then the Clerk of the same if he be present or his Deputy gives notice of such Proxies as have been introducted and delivered unto him and to whom they are directed that they may give them accordingly And as many Proxies as any Peer hath so many voices he hath besides his own and if there be two or three Proxies constituted by one absent Lord as is frequent then always the first named in the same is to give the Voice if he be present and if absent then the second et sic de reliquis It is plain by that ancient Manuscript Intituled Modus tenendi Parliamentum of which I have a Copy both in French and Latin Cap. de inchoatione Parl. that if a Peer neither came to the Parliament nor sent a Proxie upon his Writ of Summons he forfeited 100 l. if an Earl 100 Marks if a Baron which was after qualified viz. Rotulo Parliamenti A. 31. H. 6. Num. 46. And a Duke for such default was fined 100 l. an Earl 100 Marks and a Baron 40 l. And it is plain that Anciently the Lords Spiritual and Temporal were often absent without the King's Licence and did then only send the Expression of the Cause of their said absence in their said Proxies as did the Abbot of Selby A. 26. Edw. 3. as appears ex Registro ejusdem 〈◊〉 ' alledging only this reason Quia impedimentis variis et arduis Negotiis concernentibus reformationem status Domùs nostrae simus multipliciter impediti c. and so likewise in A. 36. H. 8. the Cause of the Abbot of Shrewsburies absence is thus expressed in the Original Journal Book of the Upper House A. codem 20. die Parliamenti relatum est Quod Abbas Salop ' gravi infirmitate detinetur quod hîc interesse nequit ideo constituit procuratores suos Episcopam Coventr ' et Eitch ' et Comitem Salopiae conjunctim et divisim but always then the Proxies were directed to the King and did in truth contain in them as well supplication for his Pardon of their absence as a Constitution of their Proctors as doth plainly appear by this Proxie following of the Abbots of Thorney which I have the rather inserted at large because the very Original it self under Seal remaineth with me amongst many other pretious Originals in my Library EXcellentissimo Principi et Domino suo singularissimo Domino Henrico Dei Gratià Regi Angliae et Franciae ac Domino Hiberniae suus humillimus et Devotus Robertus Dei patientia
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
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
brought him even made him one of the greatest Princes in Europe when her Majesties Forces there left him how again he was fain to Ransom a servile Peace at our enemies the Spaniards hands with dishonourable and servile Conditions For the Low-Countries how by her aid from a confused Government and State she brought them to an Unity in Counsel and defended them with such success in her Attempts against the greatest power of the Spaniards Tyrannical designs which have so much gauled him that how many desperate practices have been both devised consented to and set on foot by commandment of the late King his Father I need not shew you neither trouble you with Arguments for proof thereof being confessed by them that should have been Authors themselves But de mortuis nil nisi bonum I would be loth to speak of the dead much more to slander the dead I have seen her Majesty wear at her Girdle the price of her blood I mean Jewels which have been given to her Physicians to have done that unto her which I hope God will ever keep from her but she hath rather worn them in Triumph than for the price which hath not been greatly valuable Then he fell to perswade us because new occasions were offered of consultations to be provident in provision of means for our own defence and safety seeing the King of Spain means to make England miserable by beginning with Ireland neither doth he begin with the Rebels but even with the Territory of the Queen her self He shewed that Treasure must be our means for Treasure is the sinews of War Nota That the substance of this Speech is only here inserted as it was afterwards repeated in the said House upon Tuesday the third day of November which next ensued by Sir Robert Cecill her Majesties principal Secretary who had done it to satisfy divers Members of the same who could not get into the Upper House to hear it this first day of the Parliament as is aforesaid Now follow the Names of the Receivors and Tryors of Petitions out of the Original Journal-Book of the said House As soon as the Lord Keeper had ended his Speech and that such of her Majesties Privy-Council and others of the House of Commons as had privately got in and heard it were departed down to their own House Thomas Smith Esq Clerk of the Upper House read the Names of the Receivors and Triors of Petitions in French which were as followeth Receivors of Petitions for England Ireland Wales and Scotland Sir John Popham Knight Lord Chief Justice Francis Gawdy one of the Justices of the Kings Bench George Kingsmell one of the Justices of the Common Pleas D r Carew and D r Stanhop Receivors of Petitions for Gascoign and other Lands and Countries beyond the Seas and of the Isles Sir Edmund Anderson Knight Lord Chief Justice of the Common Pleas Sir William Perriam Knight Lord Chief Baron Thomas Walmesley one of the Justices of the Common Pleas D r Swale and D r Howard They who will deliver Petitions to deliver them within six dayes Triors of Petitions for England Ireland Wales and Scotland The Archbishop of Canterbury the Marquess of Winchester the Earl of Sussex Lord Marshal of England the Earl of Nottingham Lord High Admiral of England and Steward of the Queens House the Earl of Hartford the Bishop of London the Bishop of Durham the Bishop of Winchester the Lord Zouch and the Lord Cobham All these or any four of them calling unto them the Lord Keeper of the Great Seal and the Lord Treasurer and also the Queens Serjeants at their leisure to meet and hold their place at the Chamberlains Chamber Triors of Petitions for Gascoign and other Lands and Countries beyond the Seas and of the Isles The Earl of Oxford High Chamberlain of England the Earl of Northumberland the Earl of Shrewsbury the Earl of Worcester the Earl of Huntington the Bishop of Rochester the Bishop of Lincoln the Lord Hunsdon Chamberlain to the Queen the Lord Le Ware the Lord Lumley and the Lord Burleigh All these or four of them calling unto them the Queens Serjeants and the Queens Attorney and Sollicitor when their leisure did serve them to meet and hold their place in the Treasurers Chamber Then the Lord Keeper continued the Parliament which is set down in the Original Journal-Book in manner and form following Dominus Custos Magni Sigilli ex mandato Dominae Reginae continuavit praesens Parliamentum usque in diem Veneris proximè futurum viz. 30 m diem Octobris Nota That although there be some short mention made of the Presentment of the Speaker of the House of Commons in the Original Journal-Book of the Upper House yet because it is very imperfectly and briefly Entred there I have therefore supplied it somewhat largely out of a private Journal of the House of Commons On Friday the 30 th day of October about one of the Clock in the Afternoon her Majesty came by Water to the Parliament Chamber commonly called the Upper House and being Apparelled in her Royal Robes and placed in her Chair of State divers also of the Lords Spiritual and Temporal being present the Knights Citizens and Burgesses of the House of Commons who had attended at the Door of the said House with John Crooke Esq Recorder of London their Speaker Elect the full space of half an hour were at last as many as conveniently could let in and the said Speaker was led up to the Bar or Rayl at the lower end of the same House by the hands of Sir William Knolles Knight Comptroller of her Majesties Houshold and Sir John Fortescue Chancellor of the Exchequer and presented to her Majesty to whom after he had made three low Reverences he spake in effect as followeth MOST Sacred and Mighty Sovereign Upon your Majesties Commandment your most dutiful and loving Commons the Knights Citizens and Burgesses of the Lower House have chosen me your Majesties most humble Servant being a Member of the same House to be their Speaker but finding the weakness of my self and my ability too weak to undergo so great a burthen I do most humbly beseech your Sacred Majesty to continue your most gracious favour towards me and not to lay this charge so unsupportable upon my unworthy and unable Self And that it would please you to Command your Commons to make a new Election of another more able and more sufficient to discharge the great service to be appointed by your Majesty and your Subjects And I beseech your most excellent Majesty not to interpret my denial herein to proceed from any unwillingness to perform all devoted dutiful service but rather out of your Majesties Clemency and Goodness to interpret the same to proceed from that inward fear and trembling which hath ever possessed me when heretofore with most gracious Audience it hath pleased your Majesty to Licence me to speak before you For I know and must acknowledge that
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
your things you observe such Order that matters of the greatest Moment and most Material to the State be chiefly and first set forth so as they be not hindred by particular and private Bills to this purpose That when those great Matters be past this Assembly may sooner take end and men be licensed to take their ease I have said The Speaker being thus allowed he returned to the House of Commons with the Serjeant of the House bearing the Mace before him and the Queen's Majesty and the Lords rose and departed On Monday the 30th day of January were divers Lords Spiritual and Temporal present as is plainly set down in the entrance of the names in the Original Journal Book of the Upper House Francis Spilman Esq Clerk of the Upper House standing at the Table near the lower Woolsack did there read a certain Bill written in Paper and Intituled An Act for the restitution of the first Fruits and Tenths and Rents reserved Nomine Decimae and of Parsonages Impropriate to the Imperial Crown of this Realm and after he had so read it which was accounted the first reading thereof then he delivered the same kneeling unto Sir Nicholas Bacon Knight Lord Keeper of the Great Seal together with a Brief of the Bill The Lord Keeper read the Title of the Bill and then reported the effect of the same unto the House out of the Brief And then concluded with these words viz. This is the first time of the reading of this Bill And there is no mention made in the Original Journal Book of the Upper House that this Bill was at all spoken unto upon this reading neither is it indeed usual although there have not wanted Presidents thereof prout A. 1. H. 8. 11. Die Parliamenti Billa de actionibus brought from the Commons Lecta prima vice Domini disputando censuerunt reformandum quod Regia Majestas haberet 3. vel 4 Annos pars vero contra partem nisi unum Annum And a Bill hath been rejected upon the first reading prout Anno 3. Edw. 6. 14. Nova Billa pro jurisdictione Episcoporum Rejected and a Committee appointed to draw a new Bill of which also there want not divers other Presidents in most of the other Journals during her Majesties Reign but most true it is that usually a Bill is seldom rejected till the second reading for then it is most proper to be spoken unto and when it hath received either a longer or shorter disputation in the House then the proceedings eommonly are either to order it to be engrossed or refer it to Committees or to reject it which course holdeth only in Bills that come newly into either House For if a Bill having passed one of the two Houses be sont unto the other it is never ordered to be ingrossed because it comes from thence ready ingrossed in Parchment and seldom referred to Committees or rejected there want not also divers Presidents when a Bill hath been disputed after the third reading and sometimes recommitted and sometimes rejected Of all which the Examples and Presidents are so frequent in all the insuing Journals of this Queen as also in those foregoing of H. 8. Ed. 6. and Queen Mary as there is not need to make any large Citation of them Neither do there want in their several places fit and due references whereby to refer the several Presidents of this nature contained in one and the same Journal from one to another Which things being thus premised and observed now follow some Animadversions or Presidents touching the Commission of Bills and further proceedings in them upon the first reading Bills also have been Committed upon the first reading prout An. 6. H. 8. 14. Feb. recepta est Billa in papyro concernens apparatum lecta est prima vice deliberata Magistro Pigot reformanda Anno Primo Ed. 6. 21. Novembris allata est à Communi domo Billa for benefices Common Preachers and residence quae prima vice lecta est commissa Archiepis Cantuarien ' Episcopo Elien Episcopo Dunolmen ' Episcopo Roffen ' Episcopo Lincoln ' Marchioni Northampton Domino St. John Comiti Arundel Domino Admirallo Domino Wentworth and in A. 5. Edw. 6. 16. Feb. Hodie prima vice lecta est Billa to avoid regrating forestalling c. commissa est Magistro Hales Magistro Molineux Magistro Saunders Solicitatori Reginae And there are very many Presidents that Bills have been committed upon the first reading in the times of Hen. 8. and Ed. 6. as may appear by the Committees of those times The like Presidents are to be found in most of the Journals of her Majesty prout A. 8. Eliz. Oct. 3. The Bill for the better Executing of Statutes c. codem An. 5. Octob. touching Fines and Recoveries An. 13. Eliz. 20. Aprilis against fraudulent Conveyances c. An. 14. Eliz. 12. Maij for preservation of Woods eodem An. die for the punishment of Vagabonds and so in many other Parliaments of this Queen's time of which because they are so frequently obvious it would be unnecessary to make further repetition And although there be no mention made in the Original Journal Book of the Upper House that the Lords and Members of the same were this day called yet there is no great doubt to be made thereof and therefore I have caused it to be inserted and applied unto this time in manner and form following Francis Spilman the Clerk did on this third day of the Parliament call every Lord in the House by his Name that so it might be seen who were present beginning with the lowest Baron and ascending to the highest Peer where also the Proxies and other Excuses of the absent Lords were Registred But it may be Collected by the Parliament Rolls Annis 37. 38. 40. 43. 45. 47. 50. Ed. 3. that the Lords names were called the first day and the Commons also in the Upper House before the King 's coming which Order in respect of the time is held still with the Commons whose Names are usually called at this day in the Court of Requests the first day of the Parliament Dominus Custos Magni Sigilli continuavit presens Parliamentum usque in diem Crastinum hora Octava On Tuesday the 31th day of Jan. the former Bill for the restitution and annexation of the first Fruits and Tenths to the Imperial Crown of the Queen's Majesty was read the Second time Francis Spilman Esq Clerk of the House having read the said Bill for the Restitution and Annexation of the First-fruits c. standing at the Table near the nether Woolsack did then deliver the same without any Brief Kneeling to the Lord Keeper who thereupon read the Title thereof to the House and said This is the second Reading and so the Bill was Ordered to be Ingrossed which is no more than to Transcribe the Bill sairly out of the Paper in which it was written into Parchment More
shall be said touching the referring of a Bill to Committees on Fryday the third day of March ensuing where is the first mention of Committing any Bill during this Parliament After the second Reading of the aforesaid Bill there appeareth no other matter in the Original Journal Book of the Upper House save only the entrance of the continuance of the Parliament by the Lord Keeper On Wednesday the first day of February the Bill for the Recognition of the Queen's Highnesse's Title to the Imperial Crown of this Realm was read the first time in such manner and form as the Bill for the Restitution of the First-fruits and Tenths c. was read on Monday the 30th day of January foregoing and was thereupon Committed to the Queen's Attorney which cannot properly be called a Committing of the Bill because no Lords are named Committees therein but only a referring of the Bill to the said Attorney who as is most likely with the residue of the Queen 's Learned Council did at first draw it that so upon further perusal thereof he might again bring it into the House and Certifie the Lords if any thing were to be altered or reformed in it On Saturday the 4th day of February the Bill for the Recognition of the Queen's Highnesse's Title to the Imperial Crown of this Realm was read the second time in such manner and form as the Bill for the Restitution and Annexation of the First-fruits c. was read on Tuesday the 31th day of January foregoing and was thereupon Ordered to be ingrossed The Bill also for the Restitution and Annexation of the First-fruits and Tenths and Rents reserved Nomine Decimae and of Parsonages impropriate to the Imperial Crown of this Realm was read the third time The whole manner and form of Proceedings wherein as also of the sending thereof down unto the House of Commons I have caused to be Transcribed out of that before-mentioned written Discourse touching the whole Order and Process of passing of Bills in the Upper House Penn'd by H. Elsing Esq at this time Clerk of the same this present year 1630. and the form of the said sending down thereof out of a like Treatise of passing Bills in the House of Commons Pen'd by W. Hackwel of Lincolns Inn Esq For I conceive there is no question but that the Form used at this day is one and the same with that which was observed this first year and the rest ensuing of her Majesties Reign And therefore I have applied all to this time although there be nothing thereof expressed in the Original Journal Book it self of the Upper House save only the very Title of the Bill the time of the reading the dissent of the Bishops and the sending of it down to the House of Commons Francis Spilman Clerk of the House standing by the Table at the nether Woolsack read the same Bill and then indorsed upon it being fairly ingrossed in Parchment these words 3. vice lecta and then delivered the same kneeling to the Lord Keeper without any Brief of the Bill who thereupon repeating the Title only of the Bill said This is the third Reading of the Bill Then his Lordship demanded of the House whether he should put it to the question for passing which being agreed on affirmatively the question was thus put Such of your Lordships as are of opinion that this Bill is fit to Pass or shall Pass say content Then the lowest Baron first beginning said content without any more words and so did all the other Barons in their order ascending to the Highest Then the Bishop of Carlile being the puisne Bishop present said not content and so also in like manner said the Bishop of Chester the Bishop of Exeter the Bishop of Coventry and Lichfield the Bishop of Landaffe the Bishop of Worcester the Bishop of London and the Archbishop of York by which it may be seen how unwillingly these Popish Bishops did suffer their Dagon to fall down And after the Bishops all the other Temporal Lords present beginning with the lowest and ending with the highest did all Nullo Contradicente say content After which all the Barons first stood up and after them all the Earls and other Lords who had voted the Affirmative And then stood up the Archbishop of York and all the other Bishops who had voted the Negative and so upon the great inequality of their Voices at the first view the Bill Passed and its likely that the Voices for the Passing of the Bill exceeding so much the number of those who were against it that the Proxies of the absent Lords were not at all demanded which might have been if the House had moved or required it but I conceive that those are most frequently called for when the difference of the House stands upon some equality of Voices The Bill being thus Passed was delivered to the Queen's Attorney and Solicitor to be carried to the House of Commons which was not performed by them as appears by the Original Journal Book of the said House until the Monday following being the 6th day of this instant Feb. the manner of the delivery thereof was as followeth viz. The said Attorney and Solicitor 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 There are also divers Proxies entred at the begining of the Original Journal Book of the Upper House to have been returned and introducted this day but whether before or after the continuance of the Parliament and rising of the House doth not appear On Thursday the 9th day of February the Bill wherein certain offences be declared Treason was Read the first time The Bill also for the Recognition of the Queen's Highnesse's Title to the Imperial Crown of this realm was by general consent concluded this being the third Reading and so the same was delivered to Mr. Solicitor and the Clerk of the Crown to be carried to the House of Commons the whole form of which Proceedings touching the third reading Passing and sending down of a Bill see in a like Case on Saturday the fourth day of this Instant Feb. foregoing The Bill against Slanderous and Seditious words was Read prima vice On Fryday the 10th day of Feb. The Bill whereby the Queen's Highness is made inheritable to the late Queen Ann her Majestie 's Mother was read prima vice and after the reading of two other Bills was read again the second time and Ordered to be ingrossed which speedy course the House took for the Passing of this Bill to express their zeal and affection to her Majesty whom it so nearly concerned The Bill lastly whereby divers Offences be made Treason and the Bill against Seditious words and rumours were each of them read the
Mountague and Viscount Hereford present Then the Earls but nineteen present the Earl of Hertford the Earl of Pembroke Bedford Southampton Warwick Bath Huntington Sussex Cumberland Rutland Worcester Darby Shrewsbury Westmoreland Northumberland Oxford and Arundel their Robes of Scarlet with their Rows of Miniver Then the Marquess of Winchester but now as Lord Treasurer and the Marquess of Northampton the Duke of Norfolk went as Earl Marshal Then the Lord Keepers Serjeant and Seal and after Sir Nicholas Bacon Lord Keeper of the Great Seal in his Gown Here Clarenceux and Norroy Then the Queens Serjeant at Arms and after Garter Then the Duke of Norfolk with the gilt Rod as Marshal the Lord Treasurer with the Cap of Estate and the Earl of Worcester with the Sword Then the Queens Majesty on Horseback a little behind the Lord Chamberlain and Vice-Chamberlain her Grace Apparelled in her Mantle opened before furr'd with Ermines and her Kirtle of Crimson Velvet close before and close Sleeves but the Hands turned up with Ermines and a Hood hanging low round about her Neck of Ermins Over all a rich Coller set with Stones and other Jewels and on her Head a rich Caul And the next after Her the Lord Robert Dudley Master of the Horse leading the spare Horse And after all other Ladies two and two in their Ordinary Apparel By side the Queen went her Footmen and along on either side of her went the Pensioners with their Axes after the Ladies followed the Captain of the Guard Sir William St. Loe and after him the Guard In which Order Her Majesty proceeded to the North Door of the Church of Westminster where the Dean there and the Dean of the Chappel met her and the whole Chappel in Copes and S t Edwards Staff with the Inlet in the top was delivered unto her her Arm for the bearing thereof assisted by the Baron of Hunsdon the Canopy born over her by Charles Howard Esq Sir George Howard Sir Richard Blunt Sir Ed. Warner Sir John Perrott and Sir William Fitz-Williams Knights her Graces Train born up and assisted for the weight thereof from her Arms by the Lord Robert Dudley Master of the Horse and Sir Francis Knowles Vice-Chamberlain and so orderly proceeded to the Travers beside the Table of Administration Although other Princes have used to be placed in the Quire till the Offering but not now because there was neither Communion nor Offering and so she being placed all the Lords sate down on Forms besides the Travers the Spiritualty on the North side and the Temporalty on the South side the Sword and the Cap of Estate laid down on the Table Then the Quire sung the English Procession which ended M r Noell Dean of Pauls began his Sermon and first made his Prayer orderly for the Queens Majesty and the Universal Church and especially for that Honourable Assembly of three Estates there present that they might make such Laws as should be to Gods Glory and the good of the Realm The Sermon being ended and a Psalm sung her Majesty and the rest orderly on foot proceeded out of the South Door where she delivered the Dean the Scepter and so proceeded into the Parliament Chamber where the Queen stayed a while in her Privy Chamber till all the Lords and others were placed and then her Highness came forth and went and fate her down in her Royal Place and Chair of Estate the Sword and Cap of Maintenance born before her and when she stood up her Mantle was assisted and born up from her Arms by the Lord Robert Dudley Master of the Horse and Sir Francis Knowles Vice-Chamberlain The Lord Keeper sate alone upon the uppermost Sack until the Queen was sate and then went and stood without the Rail on the right hand the Cloth of Estate and the Lord Treasurer holding the Cap of Estate on the right hand before the Queen Garter standing by him and on the left hand standing the Earl of Worcester with the Sword and by him the Lord Chamberlain The Duke of Norfolk began the first Form and the Viscount Mountague for that the Viscount Bindon was not there ended it The Lord Clinton the Lord Admiral began the Form behind that of Barons and the Lord St. John of Bletsoe ended it The Archbishop of Canterbury began the Bishops Form and the Bishop of Glocester ended the same On the Woolsack on the right hand and Northside sate Sir Robert Catlin and Sir James Dyer Chief Justices Sir William Peter Anthony Browne Corbett Weston and M r Gerrard the Queens Attorney On the Sack on the left hand and Southside sate Sir William Cordall Master of the Rolls Sir Edward Saunders Chief Baron Justice Widdon Serjeant Carus and M r Russell the Queens Sollicitor and at their Backs sate Sir Richard Read Doctor Yale and Doctor Vaughan On the other Sack sate Doctor Huicke Spilman Clerk of the Parliament and M r Martin Clerk of the Crown and behind them kneeled M r 〈◊〉 Allen Dyeter Nicasius Cliffe and Permitter At the side hand of the Queen sate on the ground three or four Ladies and no more and at the back of the Rail behind the Cloth of Estate kneeled the Earls of Oxford and Rutland under Age the Earl of Desmond the Lord Roos the Lord Herbert of Cardiffe and divers other Noblemens Sons and Heirs Nota That these foregoing passages touching the solemn manner of her Majesties coming to the Upper House are not at all found in the Original Journal-Book of the same but are transcribed out of a written Copy or memorial of them I had by me as doth also the Lord Keepers Speech follow out of the same in the next place The Queens Majesty being set as aforesaid under the Cloth of Estate the House of Commons had notice thereof and thereupon the Knights Citizens and Burgesses of the same repaired to the Upper House and being as many as conveniently could let in she Commanded Sir Nicholas Bacon the Lord Keeper to open the cause of Calling and Assembling this Parliament who thereupon spake as followeth My Lords and others of this Honourable Assembly YOU shall understand that my most Dread and Sovereign Lady the Queens Majesty here present hath Commanded me to declare the occasion of this Assembly which I am not able but unmeet to do as it ought to be done among such a noble wise and discreet Company Howbeit knowing the Experience of her Majesty bearing with such as do their good wills and your Honours Patience in bearing with me in the like afore this time it encourageth me the better herein not doubting of the like at this present Therefore my Lords the occasion is that necessary matters be provided for propounded and scanned and after agreed upon and ended which afterwards shall remain and continue which matters in my Judgment may well be divided into two parts one touching Religion for the setting forth of Gods Honour and Glory and the other concerning Policy for the Common-Wealth as
notwithstanding all the disbursements of these her great Charges yet she was as I right well know very hardly brought to and perswaded to call this Parliament in which she should be driven to require any aid or by any means to charge her Subjects if by any other means it might have been holpen and so her Majesty her self Commanded to be declared And I for my part and so do others very well know for the Commons little think or consider what a trouble want is to her whereby she is forced to ask of them which surely is against her nature but that she is thereunto forced for the surety of this Realm And for that the nether House cannot being so many together but of necessity must have one to be a Mouth Aider or Instructer unto them for the opening of matters which is called the Speaker Therefore go and Assemble your selves together and Elect one a discreet wise and learned Man to be your Speaker and on Friday next the Queens Majesty appointeth to repair hither again for to receive the Presentment of him accordingly The manner of her Majesties coming to the Upper House with the Lord Keepers Speech being supplied out of that written Copy or Anonymous Memorial I had by me as aforesaid now follow the Names of the Receivers and Tryors of Petitions out of the Original Journal-Book it self of the Upper House Then the Clerk of the Parliament read in French the Names of such as should receive hear and try the Petitions for England France Scotland Ireland Gascoigne and Guyen c. which were as followeth Receivers of Petitions for England Ireland Wales and Scotland viz. Sir Robert Catlin Chief Justice of the Kings Bench Sir William Cordall Master of the Rolls Sir Anthony Browne Knight Sir Richard Read Knight and Doctor Huicke And such as will prefer any Petitions are to deliver them in six days next ensuing Receivers of Petitions for Gascoigne and other parts beyond the Seas and the Isles viz. Sir James Dyer Knight Chief Justice of the Common-Pleas Sir Edward Saunders Knight Chief Baron Justice Weston M r John Vaughan and Doctor Yale And such as will prefer any Petitions are to deliver the same within six days next ensuing Triors of Petitions for England Ireland Wales and Scotland viz. The Archbishop of Canterbury Lord Marquess of Winchester Treasurer of England the Duke of Norfolk Earl Marshal of England the Earl of Arundel the Earl of Rutland the Earl of Bedford the Earl of Pembroke the Bishop of London the Bishop of Durham the Bishop of Salisbury the Lord Clinton Admiral of England the Lord Rich all these together or four of the Prelates and Lords calling to them the Keeper of the Great Seal and the Treasurer and the Queens Serjeant when need shall require shall hold their places in the Chamberlains Chamber Triors of Petitions for Gascoigne and other Countries and parts beyond the Sea viz. The Archbishop of York the Marquess of Northampton the Earl of Shrewsbury the Earl of Huntingdon the Bishop of Winchester the Bishop of Worcester the Bishop of Oxon the Lord Howard the Lord Chamberlain the Lord Abergaveny the Lord Wentworth the Lord Willoughby and the Lord North all they together or four of the Prelates and Lords aforesaid calling to them the Queens Serjeant Attorney and Sollicitor when need shall require shall hold their place in the Treasurers Chamber These Names of the Receivers and Tryors of Petitions foregoing being thus transcribed out of the Original Journal-Book of the Upper House there should follow out of the same the Adjournment or Continuance of the Parliament by the Queens Majesty or the Lord Keeper by her Commandment but the same being wholly omitted through the negligence of Francis Spilman Clerk of the same it is in part supplied out of that before-mentioned memorial Copy of this present days passages following Then the Lord Keeper Adjourned the Parliament till Friday next and then the Queen returned to her Chamber and shifted her and so did all the Lords and then waited on her to the Water side where she took her Boat and departed to Whiteball from whence she came and they till Friday at their pleasures upon which ensuing Friday her Majesty came again to the Upper House but the manner and form thereof being wholly omitted in the Original Journal-Book of the Upper House and only found in the foresaid Anonymous Memorials I had by me is therefore inserted out of the same in manner and form following On Friday the 15 th day of Jan. 1562. the Queens Majesty at her Privy-Stairs took Boat and went by Water to the Parliament-House about two of the Clock the Lords and Heralds waiting on her to the Landing place on the back side of the Parliament and so brought her to her Privy-Chamber where she shifted her and put on her Robes and the Lords theirs as the first day and then she repaired to her Seat and the Lords to theirs with their Serjeants and Gentlemen-Ushers before her the Lord Marquess of Northampton bearing the Cap of Estate the Duke of Norsolk the Rod of the Marshalsie and the Earl of Northumberland the Sword the Lord Robert Dudley Master of the Horse and the Baron of Hunsdon sustained her Mantle from her Arms And her Train was born by the Lord Chamberlain Vice-Chamberlain and M r Ashley Master of the Jewel-House and the Lord Keeper standing at the back of the Rail on the right and the Lord Treasurer on the left And because this is the first Session of the Second Parliament of her Majesty I thought it worth the labour to cause the presence of her Majesty and the Lords spiritual and Temporal to be inserted directly according unto the Copy thereof in the Original Journal-Book of the Upper-House Die Veneris 15 to Januar. Domini tam Spirituales quam Temporales quorum nomina subsequuntur praesentes fuerunt Pr. Regina Pr. Archiepiscopus Cantuar. Pr. Archiepiscopus Eboracen Pr. Episcopus London Pr. Episcopus Dunelmen Pr. Episcopus Winton Pr. Episcopus Cicestren Episcopus Landaph Pr. Episcopus Hereford Pr. Episcopus Elien Pr. Episcopus Wigorn. Pr. Episcopus Bangoren Pr. Episcopus Lincoln Pr. Episcopus Sarum Pr. Episcopus Meneven Pr. Episcopus Rofsen Pr. Episcopus Bathon Wellen. Pr. Episcopus Coven Lichfeild Pr. Episcopus Exon. Pr. Episcopus Norwicen Pr. Episcopus Petriburgen Episcopus Carliolen Pr. Episcopus Cestren Pr. Episcopus Assaven Pr. Episcopus Gloucestren Nota That this is the very express manner and form by which the presence of her Majesty the Lord Keeper and the Lords Spiritual and Temporal is set down and marked out upon this present Friday being the first day of this her Highnesses Second Session of her Parliament and at the beginning of every Lords name that was present are the Letters Pr. prefixed by which it appeareth and may certainly be concluded that all they before whose names those Letters are not set down and entred were then absent which hath been the constant course
which is usual in other continuations of it But the reason why they met not till the Afternoon seemeth to be because then the Queens Majesty her self came thither to whom Richard Onslow Esq her Majesties Sollicitor having been Chosen Speaker for the House of Commons the day past was presented and admitted by her in manner and form as followeth About three of the Clock in the Afternoon this present Wednesday the second day of October the Queens Majesty took her Barge and Landed on the back-side of the Parliament-Chamber and so the Earl of Northumberland bearing the Sword the Lady Strainge her Trayn with the Lords in their daily Apparel and the Heralds attending on her she proceeded up into the Privy-Chamber to prepare her self during which time the Lords and Justices put on their Parliament Robes and took their places in manner and form following In which it is to be noted that no part of this days passages already set down is found in the Original Journal-Book of the Upper House but is either transcribed out of a certain Anonymous memorial I had by me in which the presentment of the Speaker this day is somewhat exactly set down or was supplied by my self upon the comparing of several things together Now follow the Names of the Lords and others as aforesaid First on the Form on the North-side together with the Upper Form at the nether end sate the Bishops as followeth Younge Archbishop of York Grindall Bishop of London Pilkington Bishop of Durham Sands Bishop of Winchester Birkley Bishop of Bath and Wells Bett. Bishop of Carlisle Barlow Bishop of Chichester Alleo Bishop of Exeter Gest. Bishop of Rochester Skamler Bishop of Peterburgh Horne Bishop of Worcester Bullingham Bishop of Lincoln Bentam Bishop of Coventry and Lichfield Denham Bishop of Chester Scorie Bishop of Hereford Davies Bishop of S t Davids Parkhurst Bishop of Norwich Cheyney Bishop of Gloucester Nota That these names with those that follow being transcribed in a different manner from all others in the residue of the Journals of the Queens time were so found with the Names of the Lords Spiritual and Temporal added to them in that before-mentioned Anonymous memorial of this present Wednesdays passages being the second day of October and were therefore transcribed out of it as is aforesaid rather than out of the Original Journal-Book of the Upper House although the Series of them that were present set down there did serve well to rectifie those foregoing and these also that next ensue At the foremost Form on the South-side sate these Peers viz. William Paulet Marquess of Winchester Lord Treasurer Thomas Howard Duke of Norfolk Earl Marshall of England William Parre Marquess of Northampton Thomas Peircie Earl of Northumberland Charles Nevill Earl of Westmorland George Talbot Earl of Shrewsbury William Sommerset alias Plantagenet Earl of Worcester Thomas Ratcliff Earl of Sussex Henry Haistings Earl of Huntingdon Edward Seymor Earl of Hartford Robert Sutton alias Dudley Earl of Leicester and Master of the Horse Anthony Brown Viscount Mountague Nota That Edward de Vere Earl of Oxford Lord Great Chamberlain of England Edward Mannors Earl of Rutland William Bowrchier Earl of Bath and Henry Wriotheisly Earl of South-hampton were at this time under Age and in Ward to the Queen and therefore they were not admitted to take their places in the Uppermost House but if they were present did either stand besides the upper part of the Rail at the higher end of the said House or were admitted to kneel at the upper end of the same House near the Chair of State at this time and upon like solemn days for no Peer is admitted to have his free Voice or sit as a Member of that Great Council untill he have accomplished his full Age unless by the special Grace of the Prince At the Form at their back and the nether Form at the nether end sate these Peers Fynes Lord Clinton as Lord Admiral sate first amongst the Barons Howard Lord Effingham as Lord Chamberlain of her Majesties Houshold sate second Nevill Lord of Burgaveny sate in his due place of preheminence and so the rest that follow unless such as were misplaced by the Clerks error which is too frequent Zouch Lord Zouch Standley Lord Strange Birkley Lord Birkley Parker Lord Morley Brooke Lord Cobham Stafford Lord Stafford Gray Lord Gray of Wilton Sutton Lord Dudley Lumley Lord Lumley Blunt Lord Mountjoy Darcy Lord Darcy of Mevill Standley Lord Mounteagle Sands Lord Sands Vaux Lord Vaux Windsor Lord Windsor Wentworth Lord Wentworth Burrough Lord Borough Mordant Lord Mordant Cromwell Lord Cromwell Evers Lord Evers Willoughby Lord Willoughby Sheffeild Lord Sheffeild Paget Lord Paget Darcy de Chiche Dominus Darcy North Lord North of Carthelige Bridges Lord Shandois Haistings Lord Haistings of Loughborough Carey Lord Carey of Hunsdon S t John Lord S t John of Bletsoe Nota That Dutchet Lord Audley and the Lord Dacres of the North were under Age. All which Peers abovesaid had their Mantles Hood and Circots furred with Miniver their Arms put on the right side and the Duke of Norfolk had Bars of Miniver the Marquess of Winchester and Northampton had three Bars of Miniver the Earls likewise the Viscounts two and the Barons two Item On the upper Sack of Wooll sate the Lord Keeper till the Queen came and then went to his place at the Rail On the Woolsack on the Northside sate Sir Robert Catlin and Sir James Dyer the Queens two Chief Justices M r Corbet Weston and Southcote Justices of both Benches on the Woolsack on the Southside sate Sir William Cecill the Queens Principal Secretary Sir William Cordall Master of the Rolls Sir Thomas Sanders Chief Baron Baron Whiddon ..... Carus the Queens Serjeant ..... Gerrard the Queens Attorney and on the nether Sack sate M r Vaughan and Yale Masters of the Chancery M r Spilman Clerk of the Parliament M r Martin Clerk of the Crown and M r Peile his Joint Patentee And behind them kneeled Smith Clerk of the Council and Jones Clerk of the Signet Permiter and Dister Then the Queens Majesty being Apparelled in her Parliament Robes with a Caul on her Head came forth and took her Seat the Marquess of Northampton carrying the Cap of Maintenance and after stood on her right hand the Duke of Norfolk carrying his Marshals Rod and on her left hand the Earl of Northumberland with the Sword the Heralds also and Serjeants at Arms being before her her Majesties Mantle was born up on either side from her Shoulders by the Lord Chamberlain and the Lord of Hunsdon who also stood still by her for the assisting thereof when she stood up her Train was born by the Lady Strange assisted by Sir Francis Knolles Vice-Chamberlain at the left hand of the Queen and on the South-side kneeled the Ladies and at the Rail at the Queens back on the right hand stood the Lord Keeper and on the left hand the Lord Treasurer Then the Queen
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
the House of Commons to resort unto their accustomed place and there to elect and chuse amongst themselves one able and sufficient person to be their Speaker for the rest of this present Parliament yet to come and after they should have made their Election that then three or four of them for and in all their names should signifie the same unto her Majesty and thereupon her Highness would further signifie her pleasure unto them what day and time they should present him so Elected before her as it had been formerly in like Cases accustomed to be done Nota That this Commission is set down at large in the Journal of the House of Commons de isto Anno 23 Reginae Eliz. to which it more properly belongeth This day lastly was returned one unusual Proxy from John Bishop of Exeter which is thus Entred in the Original Journal-Book the words only a little misplaced 18 die Januarii Johannis permissione divina Episcopi Exoniensis introductae sunt literae Procuratoriae in quibus Procuratorem suum constituit reverendum in Christo Patrem Johannem Episcopum Wigorniensem Nota That though there were no names of Triors or Receivors of Petitions read at this time because it was but the latter Session of a former Parliament and those said Receivors and Triors are never assigned but at the beginning of a new one yet it is very usual for the Lords of the Upper House to send their Proxies after a Prorogation as well as at the beginning of a new Parliament and especially if there be any long space or distance between the Sessions as was likewise used in the former Parliaments viz. in that second Session of Parliament held in Anno 8 Reginae Eliz. and the foregoing Session of Parliament held in Anno 18 Reginae ejusdem The Proxy before set down I therefore call an unusual because a spiritual Lord Constituted but one Proctor whereas for the most part they seldom or never nominate fewer than two and the Temporal Lords as seldom more than one and therefore those ordinary Proxies are for the most part wholly omitted and the extraordinary only transcribed out of the Journal-Book and at this Session of three Earls and ten Barons who sent their Proxies only one viz. Henry Earl of Huntington Constituted two Proctors which Proxies with some other unusual ones are set down the 23 th day of this instant January following on which said day being Monday they are all set down in the Original Journal-Book to have been introducted The Earl of Leicester had this Parliamentary Session six several Proxies sent unto him set down in the Original Journal-Book in the same Order they here follow viz. from Henry Earl of Darby Henry Lord Scroope Thomas Lord Buckhurst George Earl of Shrewsbury John Lord Darcy of Aston and from Henry Earl of Huntington who Constituted him the said Earl of Leicester his Proctor severally and jointly with Francis Earl of Bedford all which said Proxies or Letters Procuratory are Entred in the Original Journal-Book to have been returned or introducted on Wednesday the 25 th day of this instant January On Thursday the 19 th day of January Billa for avoiding of slanderous Libelling prima vice lecta and two other Bills of no great moment were each of them read secunda vice after which the continuance of the Parliament is thus Entred in the Original Journal-Book Dominus Cancellarius continuavit praesens Parliamentum usque in diem prox hora secunda post meridiem On Friday the 20 th day of January the House met not till about two of the Clock in the Afternoon when her Majesty was her Self present with Sir Thomas Bromley Lord Chancellor and divers of the Lords both Spiritual and Temporal who being all set the Knights Citizens and Burgesses had notice given them thereof and thereupon repaired unto the Upper House with John Popham Esquire the Queens Sollicitor whom they had Elected and Chosen their Speaker on Wednesday the 18 th day of this instant January last past The said Speaker or Prolocutor with as many of the House of Commons as conveniently could being let in was led up between two of the most eminent Personages of the said House of Commons unto the Rail or Bar at the lower end of the Upper House and being there placed after three Reverences made spake to the effect following That whereas at the humble Suit of the Knights Citizens and Burgesses of the Commons House of Parliament now Assembled it had been signified from her Majesty by the Mouth of the Lord Chancellor and by force of her Highness Commission under the Great Seal of England that it was her Pleasure and Command that the said Knights Citizens and Burgesses should chuse a Learned man for their Speaker instead of Sir Robert Bell late Lord Chief Baron and their Speaker whom it had pleased God to take out of this World that thereupon they had Chosen and compelled himself to take upon him that weighty Charge for which finding himself altogether unable and further at large pressing his own disability he lastly desired that her Majesty out of her gracious favour would be pleased to free him from that great imployment and that the said Knights Citizens and Burgesses might have Authority to Elect and Chuse some other more able and sufficient Member amongst them to undertake and perform the same Then the Queen called the Lord Chancellor unto her declaring her Opinion in that which he should Answer to the said Speaker or Prolocutor who thereupon returning to his place Answered the said Speaker that her Majesty had fully heard and did well allow of his modest and humble disabling of himself but yet being also acquainted with his faithfulness care and many abilities her Majesty was resolved he should undertake this Charge and therefore did both allow and approve of the said Election of the House of Commons Whereupon the said Speaker rendring his most humble thanks to her Majesty and acknowledging her gracious favour towards him promised his most faithful and careful endeavour for the discharge of the said place after which he proceeded to Petition her Majesty in the name of the House of Commons according to the usual course for freedom of Speech freedom of Access to her Majesty and freedom from Arrests and Suits for themselves and their necessary Attendants And lastly that if in any thing he should unwittingly mistake the blame might not lie upon the House but upon himself and that her Majesty would be pleased graciously to Pardon him To which the Lord Chancellor by Command from her Majesty Answered that she did well accept of his humble thankfulness and the promise of his best endeavour and diligence and that for all his Petitions her Majesty was well pleased that himself and the Knights Citizens and Burgesses of the House of Commons should have and enjoy all such freedoms and priviledges as had been formerly in like Case enjoyed and used in the times of her Majesties most
their several places the Knights Citizens and Burgesses of the House of Commons had notice thereof who thereupon repairing thither as many as conveniently could were let in and standing all together at the Rail or Bar at the lower end of the Upper House Sir Thomas Bromley Knight Lord Chancellor by the Queen Commandment declared unto them the Causes of the Assembling of this Parliament But what those Causes were neither the Original Journal-Book of the Upper House nor that of the House of Commons do at all mention in setting down the other daily Passages of this Parliament de Anno isto 27 Reginae Eliz. But in respect they are set down the above-mentioned Catalogue of Honour imprinted at London An. Domini 1610. pag. 〈◊〉 and that it is most probable that were there inserted out of the Collections or Memorial of some Member of the House of Commons at this Parliament therefore I have thought good to supply it verbatim as it is there set down The said Lord Chancellor declared unto them in her Majesties name that this Assembly of Parliament was for three causes called viz. For the glory of Almighty God and the furthering of Religion for the health and preservation of her Royal Majesty and the welfare of the Common-Weal Which after that he had a loud and most eloquently at large declared turning his Speech unto the Knights and Burgesses standing on a heap together below he willed them to make choice of their Prolocutor and to give notice of him so Chosen unto the Lords of the Privy-Council from whom they should expect what the Queens Pleasure and Answer was concerning him so Chosen to be afterward presented The substance of this Speech being so shortly set down in the said Catalogue of Honour I thought good to transcribe although it were imprinted because it doth much augment and perfect this present Journal of the Upper House The residue whereof doth next in order follow out of the Original Journal-Book of the same House there being only added now and then as the occasion offered it self some Observations and Animadversions upon it Nota Also that no names of any of the Lords Spiritual or Temporal are noted to have been present this day which happened through the negligence of the Clerk of the Parliament but it may be conjectured who they were by the names of such whose presence is noted on Thursday next following being the 26 th day of this instant November on which said day the presence of such Lords as attended this Parliament is first marked Then follow the names of the Receivors and Triors of Petitions which is the more remarkable at this time because it is said that the Clerk of the Parliament did read them by the Lord Chancellors Commandment whereas it should seem at other times and which is agreeable also to the course at this day he doth presently stand up of himself as soon as the Lord Chancellors or Lord Keepers Speech is ended and reads the said Receivors and Triors names yet the entrance aforesaid is at this time set down in the said Journal-Book in manner and form following Tunc having before-mentioned the Lord Chancellors Speech Parliamenti Clericus ex mandato Cancellarn omnibus Petitionibus exhiberi volentibus Receptorum Examinatorum nomina formâ subsequenti recitavit Then follows all in French of which the names were these Receivors of Petitions for England Ireland Wales and Scotland Sir Christopher Wray Lord Chief Justice of England Sir Gilbert Gerrard Master of the Rolls Sir Thomas Gawel Knight one of the Justices of the Kings-Bench Doctor Clarke and Doctor Ford. Receivors of Petitions for Gascoigne and other Countries beyond the Seas and the Isles Sir Edmund Anderson Knight Lord Chief Justice of the Common Pleas Sir Roger Manwood Lord Chief Baron Francis Windam one of the Justices of ..... Doctor Awbery and Doctor Barkley Such as will deliver Petitions must so do within six days next ensuing Triors of Petitions for England Ireland Wales and Scotland The Archbishop of Canterbury the Earl of Leicester Lord High Steward of England the Earl of Darby the Earl of Rutland the Bishop of Winchester the Bishop of Salisbury the Lord Howard of Effingham Chamberlain of the Queens House the Lord Gray of Wilton the Lord North. All these or any four of them calling unto them the Lord Keeper of the Great Seal the Lord Treasurer and also the Queens Serjeants at their leisure to meet and hold their place in the Chamberlains Chamber Triors of Petitions for Gascoigne and the Countries beyond the Seas and the Isles The Archbishop of York the Earl of Oxford Great Chamberlain of England the Earl of Warwick the Earl of Pembroke the Bishop of Norwich the Bishop of Chester the Bishop of Rochester the Lord Cobham the Lord Lumley and the Lord Buckhurst All these or four of them calling to them the Queens Serjeants and the Queens Attorney and Sollicitor to hold their place when their leisure did serve to meet in the Treasurers Chamber Breve returnatum which was returned this Morning quo Johannes Episcopus Gloucestren praesenti Parliamento interesse summonitus fuit qui admissus est ad suum praeheminentiae sedendi in Parliamento locum salvo jure alieno Dominus Cancellarius continuavit praesens Parliamentum usque in diem crastinum horâ nonâ On Tuesday the 24 th day of November the Lords met in the Upper House but nothing was done saving the continuance of the Parliament by the Lord Chancellor until nine of the Clock the next Morning On Wednesday the 25 th day of November there was a like meeting of the Lords but nothing done saving the continuance of the Parliament by the Lord Chancellor unto two of the Clock in the Afternoon the day following But no presence of the Lords is noted on this day in the Original Journal-Book On Thursday the 26 th day of November the Commons having chosen their Speaker who upon his Presentment to the Queen was this day to be allowed of in the said place her Majesty Accompanied with divers of the Nobility came into the Upper House about three of the Clock in the Afternoon whose name and the names of such Lords Spiritual and Temporal as are marked in the Original Journal-Book of this Parliament to have been present this day do here ensue Regina Archiepiscopus Cantuar. Dominus Thomas Bromley Miles Cancellarius Archiepiscopus Eboracen Dominus Barleigh Dominus Thesaurarius Angliae Marchio Winton Comites Comes Oxon. Magnus Camerarius Comes Arundell Comes Kantiae Comes Darbiae Comes Wigorn. Comes Rutland Comes Cumberland Comes Sussex Comes Bathon Comes Pembrooke Comes Hartford Vice-Comes Mountague Vice-Comes Bindon Episcopi Episcopus London Episcopus Winton Episcopus Meneven Episcopus Sarisburien Episcopus Petriburgen Episcopus Norwicen Episcopus Roffen Episcopus Cestren Barones Dominus Howard Camerar Dominus Zouch Dominus Willoughbie Dominus Dacres Dominus Cobham Dominus Grey de Wilton Dominus Lumley Dominus Stourton Dominus Mountjoy
Dominus Darcie Dominus Mounteagle Dominus Windsor Dominus Wentworth Dominus Borough Dominus Cromwell Dominus Evers Dominus Wharton Dominus Rich. Dominus Willoughby de Parham Dominus Darcy de Chiche Dominus North. Dominus Shandois Dominus S t John de Bletsoe Dominus Buckhurst Dominus de la Ware Dominus Cheyne Dominus Norris Her Majesty with the Lords being set the Knights Citizens and Burgesses of the House of Commons repaired to the Upper House with John Puckering Serjeant at Law their Speaker and being as many as could conveniently let in the said Speaker was led up between two of the most eminent Personages of the House of Commons to the Rail or Bar at the lower end of the Upper House and being there placed after humble reverence made he declared that the said House of Commons amongst many other more able Members of the said House had Elected and Chosen him for their Speaker and that knowing his manifold weaknesses and inability to undergo so great a Charge he did there implore her Gracious Majesty to free him from the same and to Command them to Elect and chuse amongst themselves some other more Experienced and better fitted for that imployment To which the Lord Chancellor having received Instructions from her Majesty Answered that the said Speaker had shewed a great deal of humility and modesty in disabling himself but that her Highness well knowing his great sufficiency did very well allow and approve of the choice which the Knights Citizens and Burgesses of the said House of Commons had made of him to be their Speaker Whereupon the said Speaker after humble reverence made and many expressions of his great thankfulness to her Majesty for her gracious Approbation of him made certain Petitions of Course in the name of the House of Commons viz. for freedom of speech and freedom of access to her Majesty and that themselves and their necessary attendants might be exempted from Suits and Arrests in such manner and form as hath been accustomed and lastly that if himself should in any thing mistake or misreport the sayings or doings of the said House it might be imputed unto himself and that her Majesty would be graciously pleased to pardon it To which Speech the Lord Chancellor having further instructions from her Majesty replied that all such liberties and immunities as had been formerly enjoyed in the like case in the times of any of her Majesties most Royal Progenitors should still be continued unto them The Writ was returned this day whereby Henry Lord Wentworth was Summoned to the Parliament who thereupon admissus fuit ad sunm praeheminentiae in Parliamento sedendi locum salvo cuiquam jure suo Then followed the continuance of the Parliament which is Entred in the Original Journal-Book de Anno isto 27 Reginae Eliz. in these words following Dominus Cancellarius continuavit praesens Parliamentum usque in diem Sabbati prox horâ consuetâ On Friday the 27 th day of November although the Upper House sate not because the Parliament had been continued yesterday unto Saturday Morning at nine of the Clock yet were divers Proxies returned or introducted whereof the only unusual or extraordinary one was this ensuing viz. 27 die Novembris introductae sunt literae Procuratoriae Henrici Comitis Huntingtoniae in quibus Procuratores suos constituit Franciscum Comitem Bedford Robertum Comitem Leicester Nota That whereas the Temporal Lords do very seldom constitute more than one Proctor the Earl of Huntington here nominateth two which appeared also by the other Proxies returned this Parliament for of three other Earls and eleven Barons who were absent this Parliament by her Majesties Licence not any of them constituted more than one Proctor apiece whereas on the other side the spiritual Lords do for the most part nominate two Proctors at the least for of nine Bishops who were likewise absent during this Parliament two of them only nominated each his Proctor Ut vide on Sunday the 22 th day of this instant November foregoing and the other seven made every of them two Proctors Nota also that Robert Dudley Earl of Leicester had this Parliament ten several Proxies sent unto him all Entred in the beginning of the Original Journal-Book in such order as they now follow viz. from Edward Lord Dudley Henry Lord Scroop Lodowick Lord Mordant Edward Lord Stafford Henry Lord of Abergavenny Edward Earl of Lincoln Ambrose Earl of Warwick Henry Earl of Huntington who constituted Francis Earl of Bedford joint Proctor with him Lord Audeley and John Lord Lumley By which and many other Precedents in all other Parliaments it plainly appeareth that any Lord of the Upper House was capable of as many Proxies as should be sent unto him until in Anno 2 do Caroli Regis Anno Domini 1626. It was Ordered by the Lords then sitting in Parliament that no Member of the said House should be capable of above two Proxies at the most On Saturday the 28 th day of November to which day the Parliament had been last continued three Bills had each of them one reading of which the first being the Bill to provide remedy against fraudulent Conveyances was read the first time Hodie returnatum est breve quo Henricus Comes Suffex praesenti huic Parliamento interesse summonebatur qui ad suum praeheminentiae in Parliamento sedendi locum admissus fuit salvo jure alieno Nota That the daily continuing of the Parliament in those words Dominus Cancellarius continuavit praesens Parliamentum c. is hereafter omitted as matter of course unless where somewhat in it doth happen extraordinary or unusual in respect of the time place or manner On Monday the 30 th day of November to which day the Parliament had been last continued three Bills of no great moment had each of them one reading of which the first was the Bill for appointing fit and convenient places for Landing and Shipping of Merchandize On Tuesday the first day of December whereas James Diggs one of the ordinary Gentlemen of my Lord's Grace of Canterbury was committed to the Fleet upon a Reddit se in the Exchequer since the beginning of this present Parliament the Lords at the Motion of the Lord Archbishop of Canterbury claiming the ancient priviledge of this High Court gave Commandment to the Gentleman Usher that the said James should be brought before them And this day the said Lords having openly heard both Sir Roger Manwood then Lord Chief Baron of the Exchequer and the same James Diggs They Ordered that the said Diggs by vertue of the priviledge of this Court should be enlarged and set at liberty And it was further Ordered that the Warden of the Fleet should be discharged of the Prisoner and of the Action that might be brought against him the said Warden of the same Lastly Touching the Lord Chief Baron the said Lords have resolved for such causes and reasons as they have heard that the said Lord
Chief Baron had not committed any contempt against this Right Honourable Court And further Ordered 13 o die Decembris that the appearance of the same James Diggs by rendring himself into the Exchequer was and should be a sufficient discharge of his Sureties and their Bonds and that the Bonds shall be redelivered Provided nevertheless that for as much as the said James Diggs was not Arrested in Execution at the Suit of Richard Howe but was committed after Judgment by the Barons of the Exchequer upon a Reddit se for discharge of his Sureties It is therefore further Ordered by the said Lords that touching the sum of money recovered by the said Howe against the said James Diggs the said Howe and James Diggs shall stand to such Order as the Lord Chief Baron and other of the Barons of the Exchequer shall set down for the same Vide more afterwards concerning this matter upon Monday the 14 th and on Tuesday the 15 th day of this instant December following On Thursday the third day of December to which day the Parliament had been on Tuesday last continued the Bill for fit and convenient places for landing and shipping of Merchandize was read secunda vice and then committed to the Lord Treasurer and others and to the two Senior Barons of the Exchequer Nota That here two Judges who are but Assistants unto the Upper House are made joint Committees with the Lords On Friday the 4 th day of December Two Bills were sent up to the Lords from the House of Commons of which the first being an Act for the maintenance of Navigation was read prima vice and the second touching the Clothiers of Essex was read prima secunda vice and then committed On Saturday the 5 th day of December Three Bills of no great moment had each of them one reading of which the second being the Bill for the Inning of Erith and Plumsted Marsh was read secunda vice and committed unto three Earls one Bishop and five Barons which Committees did appoint to hear amongst themselves as well the Parties Owners as Inners touching the same Bill The Bill also concerning the Essex Clothiers which had been sent up yesterday to the Lords from the House of Commons was this day upon the third reading and conclusion thereof sent back again thither On Monday the 7 th day of December to which day the Parliament had been last continued two Bills had each of them one reading the first for maintenance of Navigation and the second for increase of Mariners Two Bills also were sent up to the Lords from the House of Commons the one touching the Essex Clothiers the other for the better and more reverent observing of the Sabbath day Nota That this Bill concerning the Sabbath day was long in passing the two Houses being committed and amendments upon amendments added unto it as Vide afterwards on Tuesday the 8 th day on Monday the 14 th day and on Saturday the 19 th day of this instant December ensuing as also on Wednesday the third day and on Saturday the 6 th day of March following Vide etiam on Wednesday the 9 th day of this instant December foregoing Whereas the Lord Viscount Bindon moved the Lords for the priviledge of the House for Robert Finnies alledging that he was his Servant the Lords gave Commandment to the Gentleman-Usher to go to the Counter in Woodstreet where the said Robert Finnies then lay upon an Execution and to bring him and the Parties that Arrested him before them And this day the said Lords after the hearing of the Cause thought it not convenient that the said Robert Finnies should enjoy the priviledge of this House as well because he claimed not the priviledge when he was first Arrested nor in the Counter when he was charged with the Execution as also for that he was not a menial Servant nor yet ordinary Attendant upon the said Viscount And further Ordered that the Officers of the Sheriffs of London should take again in Execution the said Finnies and convey him to the place from whence he came and that the bringing of the said Finnies before the said Lords at their Commandment should not be in any wise prejudicial to the Sheriffs or their Officers On Tuesday the 8 th day of December the Bill for the better and more reverent observing of the Sabbath day was read prima vice Vide concerning this Bill on Monday the 7 th day of this instant December foregoing On Wednesday the 9 th day of December Five Bills had each of them one reading of which the first being the Bill for the increase of Mariners was read the second time and thereupon committed And the second of the said Bills being for the better and more reverent observing of the Sabbath day was read the second time and committed to the Archbishop of Canterbury the Lord Treasurer the Lord Steward the Earl of Kent the Earl of Darby the Earl of Sussex the Earl of Bedford Viscount Mountague the Bishop of London the Bishop of Winchester the Bishop of Salisbury the Bishop of Chester the Lord Chamberlain the Lord Zouch the Lord Willoughby the Lord Grey the Lord North the Lord Norris the Lord Chief Baron and Justice Windham Nota That here two Judges being here meer Assistants of the Upper House were made joint Committees with the Lords whereas of later times they are always Commanded to attend the Lords Committees of which also there was another Precedent this Morning The Bill to provide remedy against fraudulent means used to defeat Wardships Liveries and primier seisin was read secunda vice and committed to the Lord Treasurer being Master of the Wards to two Earls Viscount Mountague two Bishops five Barons the two Chief Justices and the Queens Attorney The continuance or Adjournment of the Parliament this day is not at all Entred in the Original Journal-Book which seemeth to have happened through the Clerks negligence On Thursday the 10 th day of December Three Bills of no great moment had each of them their first reading of which the first was concerning Sir Thomas Lucy Knight and others On Saturday the 12 th day of December to which day the Parliament had been on Thursday last continued Five Bills of no great moment had each of them one reading of which the last being the Bill to provide remedy against fraudulent Conveyances and another concerning certain assurances of Sir Thomas Lucy and others were after the third reading sent down unto the House of Commons A Bill lastly being for the assurance of certain Lands unto George Chewne Esquire and others in Fee-simple was sent up to the Lords from the House of Commons On Monday the 14 th day of December to which day the Parliament had been on Saturday last continued the Bill for the better and more reverent observing of the Sabbath day with certain amendments was read tertiâ vice and with another bill of no great moment was sent down to the
House of Commons by two Doctors Nota That though this Bill were upon Wednesday last past being the 9 th day of this instant December referred to Committees yet no mention is made in the Original Journal-Book when it was again returned or brought into the House by the said Committees by whom it is most probable that these amendments were added unto it and for the passing of which the said Bill was at this time sent down to the House of Commons having formerly passed that House and been sent up from thence to the Lords before the aforesaid new amendments had been added by them on Monday last past being the 7 th day of this instant December The Bill touching the Lord Dacres and the Lord Norris was read prima vice Memorand That upon the Petition of the Lord Norris the Lords Ordered that he and the Lord Dacres with their Council should be heard upon Saturday next to Answer the said Bills Memorand That touching the former Order Entred primo die Decembris concerning James Diggs for that there wanted words for the discharge of the Bond and Sureties of the said James Diggs This day the Lords Ordered that the appearance of the said James Diggs by rendring himself in the Exchequer was and should be a sufficient discharge of his Sureties and their Bonds and that the Bonds should be redelivered and that this Order should be added to the former Order Memorand That where the said James Diggs exhibited to the Court a Bill of complaint in form of supplication against Sir Roger Manwood Knight Lord Chief Baron the Lords having heard the Parties and the Witnesses of M r Diggs and deliberately considered the Contents thereof with one consent agreed and adjudged that the said complaint was untrue and unjustifiable against the Lord Chief Baron And further Ordered that the said James Diggs by humble submission and open recognition should confess and acknowledge his fault And that the Earl of Rutland the Bishop of Winchester the Lord Lumley the Lord North and the Lord S t John of Bletsoe the Master of the Rolls and M r Serjeant Gawdy should peruse and consider the said recognition whether it were made in due form and that then it should be Entred on Record Vide touching this matter on Tuesday the first day of this instant December foregoing On Tuesday the 15 th day of December four Bills of no great moment had each of them one reading of which the first being the Bill for confirmation of her Majesties Letters Patents granted to Queens-Colleà ge in Oxford was read secundâ vice commissa ad ingrossandum This day James Diggs Gent. did according to their Lordships Order made yesterday humbly submit himself in manner and form following as it stands Entred upon Record in the Original Journal-Book of this Parliament The humble Submission of James Diggs unto the High Court of Parliament as well for his contempt unto the said Court as unto Sir Roger Manwood Lord Chief Baron by his untrue and unadvised Speeches in his Bill of complaint Whereas I James Diggs did of late exhibite a Bill of complaint unto your honourable Lordships in this High Court of Parliament against the said Lord Chief Baron wherein amongst other things is contained as followeth that is to say That the said Lord Chief Baron doth still continue an obstinate intention to frustrate your Lordships honourable Order taken for the discharging of the great Bonds of the said James Diggs his Sureties boldly saying that the same your Lordships honourable Order should be undone or brought about again as by the said Bill of complaint doth appear And whereas also it pleased your most honourable Lordships upon the humble Petition of me the said James Diggs to call before your honourable Lordships that Witness which I the said James Diggs did avow for the proof of the Allegations before rehearsed in the said Bill of Complaint against the said Lord Chief Baron which Witness being heard and examined at large touching the said Allegations with the circumstances of the same openly before your honourable Lordships in this High Court of Parliament it hath plainly and evidently appeared that there was no such obstinate intention in the said Lord Chief Baron nor that he did utter the said words or Speeches above-mentioned Whereupon it hath pleased your honourable Lordships to Order that I the said James Diggs should before your Lordships openly in this honourable Court of Parliament recognize my fault for this my untrue and unadvised complaint against him Wherefore I the said James Diggs being now heartily sorry for my said untrue and unadvised complaint in the Speeches aforesaid exhibited against the Lord Chief Baron do openly before your Lordships in this most High Court of Parliament consess and acknowledge my said offence in my said unadvised and untrue complaint made against the said Lord Chief Baron And do here before your Lordships heartily pray and desire the said Lord Chief Baron to remit and forget my said offence in my untrue and unadvised complaint made against him and withal do most humbly beseech all your Lordships to pardon my contempt and offence committed to this most High Court in exhibiting unto your Lordships of the said unadvised and untrue complaint Vide the former proceedings of this case of James Diggs Gentleman on Tuesday the first day and on Monday the 14 th day of this instant December foregoing Nota also That there is no continuance or adjournment of the Parliament by the Lord Chancellor in usual form entred in the Original Journal-Book which seemeth to have happened through the negligence of the Clerk of the Parment but it is easie to be conjectured the Lord Chancellor continued the Parliament unto nine of the Clock in the forenoon of Wednesday next following On Wednesday the 16 th day of December two Bills of no great moment had each of them one reading of which the second being the Bill against scandalous Libelling was read secundâ vice and committed to the Archbishop of Canterbury the Archbishop of York the Lord Treasurer and others the Master of the Rolls the two Chief Justices the Queens Serjeant and Attorney Nota That here not only the Judges which are but Assistants to the Lords but also the Queens Council which are but meer Attendants upon the upper House are made joynt Committees with the Lords On Thursday the 17 th day of December the Bill for restitution in blood of Thomas Howard Son of Thomas Howard late Dake of Norfolk was read primâ vice And the same Bill was again read secundà tertiâ vice and by all the Lords concluded and sent to the House of Commons by two Doctors being Masters of the Chancery Nota The speedy passing of this Bill by vouchsasing of it three readings at one time each after other did express the special desire of the Lords to pass this Bill with as much honour as lay in them to do Eight other Bills of no great moment
had each of them one reading of which the second being the Bill for the paving of Newark upon Trent in Com. Nott. was read tertiâ vice conclusa and sent to the House of Commons On Saturday the 19 th day of December to which day the Parliament had been on Thursday last continued four Bills were brought up to the Lords from the House of Commons of which the last was the Bill for the restitution in blood of the Lord Thomas Howard which it seemeth the House of Commons passed with great expedition having given it one reading yesterday morning when they sent it again up to the Lords as appeareth by the Original Journal-Book of the House of Commons de Anno isto 27 o Reginae Eliz. pag. 44 50. The Bill also for the paving of Lewes in the County of Suffex was read primâ vice Lectae sunt the Reasons and Allegations of the Lord Norris why the Bill exhibited by the Lord and Lady Dacres should not be enacted Memorandum This day the Lords as they had ordered before having heard both the Council of the Lord Dacres and Lord Norris and Samson Leonard Esquire upon offer and agreement of the parties to commit the Cause to the hearing of four of the Lords and two of the Judges the Lords thought it most convenient that they should be named by the parties themselves The Lord Dacres and Samson Leonard named William Lord Burleigh Lord Treasurer Robert Earl of Leicester Lord Steward and Sir Roger Manwood Knight Lord Chief Baron The Lord Norris named the Earl of Kent the Earl of Bedsord and Sir Gilbert Gerrard Knight Master of the Rolls And further Ordered That the Lords and Judges should end the matter between the said parties before the next Session of Parliament if they could and if they could not then to make Report thereof to the whole House And further Ordered That all the parties should have Letters directed to such Witnesses to appear before the said Lords as they thought convenient and that the said Lords should have Authority to examine all parties upon their Oaths if occasion so required Memorandum That whereas the Lords received a Bill from the House of Commons viz. for the better and more reverent observing of the Sabbath day the said Lords having passed the same with some amendments sent down the said Bill to the House of Commons who sent up the same with other amendments of theirs which because the Lords thought it not to stand with the Order of the House to pass the same Bill again with their new amendments they returned the said Bill to them again and signisied the same unto them by M r Serjeant Gawdy c. On Monday the 21 th day of December Consedentibus Proceribus Dominus Cancellarius exposirit Regiam Majestatem satis perpendere Fcstum solemne Nativitatis is Domini in proximo esse nec posse ante idem hoc Parliamentum terminari nec in longum tempus prorogari propter quas alias causas considerationes idem Cancellarius jussu suae Majestatis lectis Literis Patentibus magno Sigillo suo sigillat hoc Parliamentum in quartum diem Februarii prox sequentem adjournavit adhortatusque est omnes singulos ut tunc adsint facturi quod decuerit Earúmque autem tenor sequitur in haec verba ELizabetha Dei gratiâ Angliae Franciae Hiberniae Regina Fidei Defensor c. Reverendissimo in Christo Patri Johanni Cantuar ' Archiepiscopo totius Angliae Primati Metropolitano praedilecto fideli Consiliario suo Thomae Bromley Militi Domino Cancellario Angliae ac etiam Reverendissimo in Christi Patri Edwino Eboracen ' Archiepiscopo Angliae Primati Metropolitano necnon praedilecto fideli Consiliario suo Willielmo Domino Burleigh Domino Thesaurario Angliae ac charissimo consanguineo Edwardo Comiti Oxon ' magno Camerario Angliae ac etiam charissimis consanguineis consiliariis suis Edwardo Comiti Lincoln ' magno Admirallo suo Angliae Georgio Comiti Salop ' Comiti Mareschallo Angliae Roberto Comiti Leicester magno Seneschallo Hospitii sui necnon charissimis consanguineis suis Philippo Comiti Arundel Henrico Comiti Kantiae Henrico Comiti Darbiae Willielmo Comiti Wigorn ' Elwardo Comiti Rutland Georgio Comiti Cumberland Henrico Comiti Sussex ac charissimis consanguineis consiliariis suis Ambrosio Comiti Warwici Magistro Ordinationum suarum Francisco Comiti Bedford ac etiam charissimis consanguineis suis Henrico Comiti Pembroke Edwardo Comiti Hartford Anthonio Vicecomiti Mountague necnon Reverendis in Christo Patribus Johanni Episcopo London Thomae Episcopo Winton ' ac praedilectis fidelibus suis Carolo Domino Howard Domino Camerario Hospitii sui Edwardo Domino Zouch Peregrino Domino Willoughby Edwardo Domino Morley Willielmo Domino Cobham Domino Gardiano quinque Portuuni ac etiam praedilecto fideli suo Henrico Domino de Hunsdon Domino Gardiano Marchiarum Orientalium versus Scotiam Salutem Cùm nuper pro quibuselam arduis urgentibus negotiis nos statum defensionem Regni nostri Angliae Ecclesiae Anglicanae concernentibus praesens hoc Parliamentum nostrum apud Civitatem nostram Westmonasterii vicesimo vertio die Novembris ultimo praeterito inchoari teneri ordinaverimus à quo die idem Parliamentum nostrum tunc ibidem tentum continuatum fuerat usque in instantem vicesimum primum diem Decembris Sciatis tamen quia negotia Parliamenti nostri in eodem communicata ante Festum Natalis Domini nunc prox ' instantis terminari non possunt propter alias causas considerationes nos specialiter move ntes praedictum Parliamentum nostrum omnes causas materias inceptas non adhuc terminatas adjornand ' duximus De fidelitate igitur prudentiâ circumspectione vestris plurimùm confidentes de avisamento assensu Concilii nostri assignavinius vos Commissionarios nostros dantes vobis aliquibus sex vel pluribus vestrum tenore praesentium plenam potestatem authoritatem hoc instante die Lunae ad praesens Parliamentum nostrum ac omnia negotia materias supradict ' adhuc ut praesertur non terminata nomine nostro ad in quartum diem Februarii jam prox ' futurum usque praedictam Civitatem nostram Westmonasterii adjornand ' continuand ' ibidem tunc tenend ' prosequend ' Et ideo vobis mandamus quòd circa praemissae diligenter intendatis ac ea in forma praedicta effectualiter expleatis Damus autem universis singulis Archiepiscopis Marchionibus Comitibus Vicecomitibus Episcopis Baronibus Militibus Civibus Burgensibus ac omnibus aliis quorum interest ad dictum Parliamentum nostrum conventuris tenore praesentium firmiter in mandatis quod vobis in praemissis faciend ' agend ' exequend ' pareant obediant intendant prout decet In cujus rei testimonium has Literas nostras sicri fecimus Patentes
another Bill against Moor-burning in the Counties of Northumberland Cumberland Westmerland and Durham with an amendment added unto it by the Lords were upon the third reading sent down to the House of Commons by Serjeant Rolls and Doctor Ford. Three Bills also had each of them one reading being brought from the House of Commons of which the first was for redress of erroneous Judgments in the Court called the Kings-Bench Then the Lord Chancellor continued the Parliament unto two of the Clock in the Afternoon at which time the Lords Assembling themselves two Bills of no great moment had each of them one reading of which the first being against Glass-Houses and making of Glass by Aliens born was read the first time This Afternoon also the Lords having heard the Councel of both Parties touching the Bill Intituled An Act to make a Fine levied by Peter Heam and Johan his Wife and Tredolias Leza and Anne his Wife during the minority of the said Johan and Anne to be void against the said Anne for a more speedy end of the said cause with the consent of the said Parties committed the matter to the hearing of certain of the Lords which should be named by the Parties themselves The Plaintiff Anne did chuse the Lord Treasurer the Earl of Arundell the Bishop of Salisbury and the Lord North and M r Vinion the Defendant chose the Lord Steward the Earl of Bedford the Bishop of Exeter and the Lord Buckhurst And further Ordered that the said Lords should end the matter between the Parties if they could and if they could not then to certifie the State of the matter as they found it to the whole House And the Lord Chief Justice and the Lord Chief Baron were appointed to attend the Lords On Tuesday the 23 th day of February Six Bill s of no great moment had each of them one reading of which the first being the Bill for the furtherance of Justice was read prima vice Two Bills also were sent up to the Lords from the House of Commons of which the first was concerning the Jointure of the Countess of Huntington On Wednesday the 24 th day of February Three Bills of no great moment had each of them one reading of which the first being the Bill for the better assurance of her Majesties Letters Patents granted for the better foundation of the Hospital called Sherborn-House was read prima vice Commissa Archiepiscopo Eboracen Episcopo London Domino Darcy Domino Evers the Lord Chief Baron and Justice Gawdy On Thursday the 25 th day of February Three Bills of no great moment had each of them one reading of which the first being the Bill for Confirmation of her Majesties Letters Patents to the Masters Fellows and Scholars of Clare-Hall in Cambridge was read secunda vice but no mention is made whether it was Ordered to be ingrossed or referred to Committees On Saturday the 27 th day of February to which day the Parliament had been on Thursday last continued the Bill for following of Hue and Cry was read secunda vice and committed to one Earl three Lords the Lord Chief Baron and one Judge Where still Nota the Judges are joint Committees with the Lords One Bill also touching Plymouth-Haven was sent up to the Lords from the House of Commons And three other Bills of no great moment the first concerning Rochester-Bridge was read secunda vice On Monday the first day of March to which day the Parliament had been on Saturday last continued Four Bills of no great moment had each of them one reading of which the first being the Bill for returning of sufficient Jurors for the better expediting of Trials was read tertia vice and concluded The Master of the Rolls and M r Serjeant Rodes were appointed Committees to hear the matter between M r Vinion and M r Tredolias Leza and his Wife and Commission given to the said Committees to end the matter between the Parties if they could and if they could not then the Parties with their Councel to be before the Lords at this House upon Thursday next Two Bills lastly had each of them one reading of which the first being the Bill against Jesuits Seminary Priests c. was read secunda vice with certain Amendments and a Proviso added by the Lords On Wednesday the third day of March to which day the Parliament had been last continued on Monday foregoing Four Bills of no great moment had each of them one reading of which the first being the Bill against Jesuits Seminary Priests c. with the Amendments and Provisoes added by the Lords was read tertia vice conclusa and sent to the House of Commons by Serjcant Rodes and the Queens Attorney Two Bills also were sent up to the Lords from the House of Commons of which the last was the Bill for the repairing and maintenance of the Sea-Banks and Sea-Works on the Sea-Coast in the County of Norf. Committees were appointed to hear the matter between the Lord Willoughby and M r Heronden who were chosen by the Parties themselves viz. the Earl of Kent and the Lord Zouch for the Lord Willoughby and Viscount Mountague and the Lord Cobham for M r Heronden And the Lords further Ordered that the said Lords Committees should end the matter between the said Parties if they could Committees lastly were this day Chosen to examine the Record touching passing Amendments of Amendments moved by the House of Commons viz. the Lord Treasurer the Earl of Suff. Viscount Mountague the Bishop of Winchester the Lord Hunsdon the Lord Buckhurst the Master of the Rolls and M r Attorney about the Bill for the better and more reverent observing of the Sabbath day to which the House of Commons had added Amendments upon Amendments The Precedents they named were the Bills for Treasons and bringing in of Bulls Acts passed in Anno 13 o of the Queen Nota That this Bill concerning the Sabbath as hath been before observed was long in passing the two Houses and much debated betwixt them being committed and Amendments upon Amendments added unto it which as appeareth in this place was the cause of some Disputation between the Lords and the said Commons Of the other several Passages of this Bill Vide on Monday the 7 th day Tuesday the 8 th day Wednesday the 9 th day Monday the 14 th day and on Saturday the 19 th day of December foregoing As also on Thursday the 4 th day Saturday the 6 th day and on Saturday the 13 th day of this instant March following Nota also That the Master of the Rolls and the Queens Attorney being no Members of the Upper House are here made joint-Committees with the Lords On Thursday the 4 th day of March Three Bills of no great moment had each of them one reading of which the first being the Bill for the assurance of certain Lands in the Counties of Norsolk Suff. Lincoln and Warwick unto the Lord Willoughby of Willoughby
only the said Elected Knights who as those also who opposed them brought their Councel on both sides and were fully heard what they could say After which also Mr. Recorder and himself desiring fully to inquire into this matter had conferred and devised therein with the Clerk of the Crown-Office in the Chancery and comparing those Records together with some of the Statutes Ordained in those Cases they do find such difference in them tending to matter of effect and to be Answered by the Sheriff if there be cause and not for any matter in their opinions for this House to deal with whereby to cassate or make void the said Election as they take it And yet because that resteth now chiefly upon matter of Precedents to see further how this House may decide this cause he declared that Mr. Recorder and he will make further search of the Precedents in like Cases with the Clerk of the higher House for that purpose and then further to advertise this House as cause shall require Vide concerning this matter on Tuesday the 8 th day and on Saturday the 12 th day of this instant December foregoing The Bill for the preservation of the Haven of Plymouth was upon the second reading committed unto Sir Francis Drake M r Wroth Mr. Edgcombe and others who were appointed to meet the third day of the next sitting of this Court in Lincolns-Inn Hall in the Afternoon of the same day A new Bill that Parsonages impropriate may be disposed to godly and charitable uses was read the first time Mr. Sollicitor touching the excessive number of penal Laws in force very intolerable to the Subjects neither possible to be kept and yet not any put in Execution as that for Apparel in King H. 8. his time and such like moved that a Committee be had of some selected Members of this House learned in the Laws to make a view of the same Laws against the next sitting of this Court after the Adjournment of the same to the end that this House may then thereupon proceed to some course of diminishing the great number of the same as upon due considerations in that behalf to be had shall be further thought meet and convenient And thereupon were named and chosen for that purpose all the Privy-Council being of this House Mr. Sollicitor Mr. Recorder of London Mr. Morrice Mr. Sandes Mr. Attorney of the Wards and others who were appointed to meet on Wednesday before the next Term in the Afternoon in Lincolns-Inn Hall The Bill for paving of the Town of Newark upon Trent after the third reading passed upon the question Mr. Treasurer and the residue of the Committees returning from the Lords he declared that they have received some Answer from their Lordships upon the Conference and referred the report thereof to Mr. Chancellor of the Exchequer as unto whom the same was by their said Lordships appointed to be delivered over unto this House Whereupon Mr. Chancellor of the Exchequer declared that their Lordships had caused the said Notes in writing to be read in the House and their Lordships found the said grievances to concern but some particular Countries and not the whole Realm to wit the Countries only of Warwick Lincoln and Essex and therefore might be considered to be reformed in time by some other convenient means But being Answered by the Committees of this House that albeit there were Petitions in writing exhibited but for these three Counties yet by Motions and Speeches in the House it well appeared to be the grief of the whole Realm Which their Lordships having understood did feelingly express how sensible they were of it and how truly they did join with us of the House of Commons in wishing the reformation thereof and were now ready to aid us with their best assistances therein as erst in the two last former Sessions of Parliament they had done at both which times her Majesty had thereupon Commanded some of the Lords of the Clergy to take care and consideration of the same causes wherein as little or nothing hath been done for case or redress of the same so their Lordships of the Upper House not minding to impute the fault thereof to any and yet remembring withal that their Lordships were present when her Majesty by the Mouth of the Lord Chancellor did give Commandment unto Mr. Speaker not to deal in the House of Commons with matters concerning Religion or the Church without her Highness pleasure first known and therefore do also take the same Commandment to extend as well to their Lordships as to this House have resolved that those of the Lords which are of her Majesties Privy-Council do first move her Highness to know her Majesties Pleasure therein before they proceed any further in the matter The Lord Chief Justice of England the Lord Chief Justice of the Common-Pleas the Lord Chief Baron of the Exchequer and the Master of the Rolls being sent down from the Lords to the House of Commons and admitted into the said House the said Lord Chief Justice having in his hand a Commission under the Great Seal of England declared unto Mr. Speaker that her Majesty having given Authority by Commission under the Great Seal of England unto divers of my Lords the Bishops Earls and Barons of the Upper House to Adjourn this Parliament unto the 4 th day of February next coming the said Lords Commissioners have Adjourned the same in the Upper House and their Lordships have thereupon also sent them to this House to signifie the same Adjournment over unto this House that the Knights Citizens and Burgesses and Barons of this House may likewise take notice of the same Adjournment accordingly Which thing was also after their departure out of this House declared unto this House by Mr. Speaker And so thereupon this Court by Warrant and in sorm aforesaid was adjourned unto the said 4 th day of February next coming Which done M r Vice-Chamberlain standing up and putting the House in remembrance of her Majesties most Princely and loving kindnesses signified unto this House in the former Messages and Declarations of her Highnesses thankful acceptations of the dutiful cares and travails of this House in the Service of her Majesty and the Realm moved the House that besides the rendring of our most humble and Loyal thanks unto her Highness we do being assembled altogether joyn our hearts and minds together in most humble and earnest prayer unto Almighty God for the long continuance of the most prosperous preservation of her Majesty with most due and thankful acknowledgment of his infinite benefits and blessings poured upon this whole Realm through the mediation of her Highnesses Ministry unde him And he said he had a Paper in writing in his hand devised and set down by an honest godly and learned man and which albeit it was not very well written yet he would willingly read it as well as he could if it pleased them to follow and say after him as
Stourton Dominus Darcie Dominus Sandes Dominus Windsor Dominus Wentworth Dominus Borough Dominus Cromwell Dominus Evers Dominus Rich. Dominus Willoughby de Parham Dominus Darcie de Chiche Dominus Shandois Dominus S t John Dominus Buckhurst Dominus Delaware Dominus Compton Dominus Cheney Dominus Norris The Lords being all set in this Order in their Parliament-Robes and the Judges placed with other Attendants and Assistants of the Upper House being also before the said Lords Commissioners had taken their places on the right side of the Chair of State the Lord Chancellor shewed forth the Queens Majesties Letters Patents by which She committed full Power to the Archbishop of Canterbury the Lord Burleigh Lord Treasurer of England and the Earl of Darby to supply her place in the said Parliament which were as followeth viz. Hodie cùm omnes Proceres Robis Parliamentaribus induti in suo Loco quisque sederent Milites Cives Burgenses qui ad hoc praesens Parliamentum summoniti fuerunt praesso essent jam universt tam Proceres quà m Communes Reginae adventum expectarent Thomas Bromley Miles Dominus Cancellarius exponit omnibus Regiam Majestatem maximis urgentissimis causis adeò esse impeditam ut non queat impraesentiarum commodè interesse ut decreverat Nihilominus inquit sua Majestas Literis suis Patentibus plenam potestatem commisit Reverendissimo in Christo Patri Johanni Cantuar. Archiepiscopo totius Angliae Primati Metropolitano ac praedilecto fideli suo Willielmo Domino de Burleigh Domino Thesaurario Angliae ac charissimo Consanguineo suo Henrico Comiti Darbiae ad facienda nomine suo omnia singula quae in dicto Parliamento gerenda essent ut per easdem Liter as Patentes 〈◊〉 apparet quas hiis dictis Dominus Cancellarius Clerico Parliamentar publicè legendas tradidit Earum autem tenor sequitur in haec verba ELizabetha Dei graetiâ Angliae Franciae Hiberniae Regina fidei Defensor c. Omnibus ad quos praesentes Literae pervenerint Salutem Sciatis quòd cùm de advisamento Concilii nostri pro quibusdam arduis urgentibus negotiis nos statum defensionem Regni nostri Angliae ae Ecclesiae Anglicanae concernen quoddam Parliamentum nostrum apud Civitatem nostram Westmonaster 29 o die instant mensis Octobris teneri ordinavimus quia verò propter certas causas ad Parliamentum praedictum non potuerimus interesse nos de circumspectione sideliate industria Reverendissimi in Christo Patris Johannis Cantuar. Archiepiscopi totius Angliae Primat Metropolitan ac praedilecti fidelis nostri Willielmi Domini de Burleigh Domini Thesaurarii Angliae ac charissimi Consanguinei nostri Henrici Comitis Darbiae plenam fiduciam reportand eisdem Archiepiscopo Willielmo Domino de Burleigh Henrico Comiti Darbiae duobus eorum ad Parliamentum praedictum nomine meo inchoand tenend negotiáque praedict exponend declarand ac exponi declarari faciend necnon in negotiis illis Parliamento praedicto ac omnibus sin gulis in eo procedend ad faciend omnia singula quae pro nobis per nos pro bono regimine gubernatione praedicti Regni nostri Angliae ac aliorum Dominiorum nostrorum eidem Regno nostro pertinen ibid. fuerint faciend necnon ad Parliamentum illud si necesse fuerit continuand adjournand prorogand de assensu Concilii nostri praedicti plenam tenore praesentium committimus prtestatem Dante 's ulteriùs de assensu ejusdem Concilii nostri tam universis singulis Archiepiscopis Episcopis Comitibus Vicecomitibus Baronibus Militibus quà m omnibus aliis quorum interest ad Parliamentum nostrum praedictum conventur similit tenore praesentium firmiter in Mandatis Quòd eisdem Archiepiscopo Willielmo Domino Burleigh Henrico Comiti Darbiae duobus eorum intendant in praemissis in fornia praedicta In cujus rei testimonium has Literas nostras sieri fecimus Patentes Teste meipsa apud Westmonasterium vicesimo octavo die Octobris Anno Regni nostri vicesimo octavo Per ipsam Reginam c. The Letters Patents foregoing being read the said three Lords Commissioners leaving their own places went to a Seat prepared for them on the right side of the Chair of State beneath the steps Then the said Lord Chancellor going first to the said Lords and conferring a while with them went to his accustomed place and there made intimation of the Cause of this present Summons of Parliament which as he said were no usual Causes not for making of Laws whereof her Majesty thought there were more made than were duly executed nor for Fifteenths and Subsidies although there were some cause yet her Majesty would not charge her loving Subjects so far at this time But that the cause was rare and extraordinary of great weight great peril and dangerous consequence Then he declared what dangerous practices had been contrived of late and how miraculously the Providence of God had by discovery thereof beyond all humane Policy preserved her Majesty the destruction of whose Sacred Person was most traiterously compassed and imagined Here he shewed what misery the loss of so Noble a Queen would have brought to all Estates and said That although some of them had suffered according to their demerits yet one remained that by due course of Law had received her Sentence which was the chief cause of this Assembly and wherein her Majesty required their faithful advice and therefore said he you may orderly proceed therein And you of the House of Commons are to make present choice of some one amongst you to be your Speaker and to present him unto the Lords Lieutenants as soon as conveniently you may Assoon as the Lord Chancellor had ended his Speech the Clerk of the Parliament stood up and read the Names of the Receivors and Tryors of Petitions in French which were as followeth Receivors of Petitions for England Ireland France and Scotland Sir Christopher Wray Knight Lord Chief Justice Sir Gilbert Gerrard Knight Master of the Rolls Sir Thomas Gawdy Knight one of the Justices of ..... Doctor Awberry and Doctor Ford. Receivors of Petitions for Gascoigne and other Lands and Countries beyond the Seas and of the Isles Sir Edmund Anderson Knight Lord Chief Justice of the Common Pleas Sir Roger Manwood Knight Lord Chief Baron Francis Windham one of the Justices of ..... Doctor Barkeley and Doctor Cary. Tryors of Petitions for England Ireland Wales and Scotland the Archbishop of Canterbury the Earl of Darby Lord High Steward of England the Earl of Rutland the Earl of Essex the Bishop of London the Bishop of Winchester the Bishop of Salisbury the Lord Howard of Essingham Lord High Admiral of England the Lord Cobham the Lord Grey of Wilton Tryors of Petitions for Gascoigne and other Lands and Countries beyond the Seas and of the Isles the Archbishop of York the Earl
Prorogand Ita quod nec vos nec aliquis vestruin ad dictum duodecimum diem Novembris apud Civitatem praedictam comparere teneamini seu arctemini volumus enim vos quemlibet vestrum erga nos penitus exonerari Mandantes tenore praesentium firmiter injungendo praecipientes vobis cuilibet vestrum omnibus aliis quibus in hac parte intererit quòd ad dictum quartum diem Februarii apud praedictam Civitatem Westmonasterii personaliter compareatis intersitis quilibet vestrum compareat intersit ad tractand faciend agend concludend super hiis quae in dicto Parliamento nostro de communi Concilio dicti regni nostri favente Domino contigerint ordinari In cujus rei testimonium has Literas nostras fieri fecimus Patentes Teste meipsa apud Westmonasterium 15. die Octobris Anno Regni nostri 30. Per ipsam Reginam Ha. Gerrard On Tuesday the 4 th day of February in the 31. year of her Majesties Reign to which day the Parliament had been last Prorogued upon Tuesday the 12 th day of November foregoing and accordingly now held The Queens Majesty was personally present accompanied by the Lord Chancellor and divers of the Lords both Spiritual and Temporal but the Original Journal-Book of the Upper House doth not at all mention the presence of any Lords which happened through the great negligence of M r Anthony Mason at this time Clerk thereof yet it may be collected February 8. The Queen being set under her Cloth of State and the Lords placed in their Parliamentary Robes according to their several ranks and orders the Knights Citizens Barons and Burgesses of the House of Commons had notice thereof and thereupon repaired to the said Upper House and as many of them as conveniently could being let in stood before the Rail or Bar at the nether end thereof Then Sir Christoper Hatton Knight Lord Chancellor of England in a Speech which he used did at large declare the Queens gracious disposition to peace and her great wisdom in preserving the same and singular government of the Realm Next he shewed the great benefit which this Kingdom enjoyed by her government and remembred her great Conquest over the Spanish late wonderful Army or Fleet on the Seas videlicet in Anno 30 Reign Eliz. Anno Domini 1588. He further declared how much the King of Spain remained bent against this Kingdom And lastly shewed the Cause of calling this Parliament to be that by the consent of the most grave and wise Persons now called together out of all parts of the Realm preparation may as far forth by the Counsel of man as is possible be made and provided that Arms Souldiers and Money may be in readiness and an Army prepared and furnished against all Events The Lord Chancellors Speech being ended the Clerk of the Parliament read the names of the Receivors and Triors of Petitions in French according to the usual form which were these Receivors of Petitions for England Ireland Wales and Scotland Sir Christopher Wray Chief Justice Sir Gilbert Gerrard Knight Master of the Rolls Sir Robert Shute one of the Justices of Kings Bench D r Aubrey and D r Ford. Receivors of Petitions for Gascoigne and other Countries beyond the Seas and the Isles Sir Edmond Anderson Chief Justice of the Common Pleas Sir Roger Manwood Chief Baron Francis Windham one of the Justices of the Common Pleas D r Clerk and D r Cary. Tryors of Petitions for England Ireland Wales and Scotland The Archbishop of Canterbury the Earl of Darby the Earl of Worcester the Earl of Sussex the Bishop of London the Bishop of Winchester the Lord Howard of Effingham Lord Admiral Lord Cobham the Lord Grey of Wilton Tryors of Petitions for Gascoigne and for other Countries beyond the Seas and the Islands The Earl of Oxford great Chamberlain of England the Earl of Warwick the Earl of Pembrook the Bishop of Salisbury the Bishop of Lincoln the Bishop of Rochester the Lord Hunsdon Lord Chamberlain to the Queen the Lord Lumley and the Lord Buckhurst As soon as the Clerk of the Parliament had read these names and had likewise ended other things of course belonging unto them viz. That the first Tryors of England c. or any four of them calling unto them the Lord Chancellor and the Lord Treasurer and also the Queens Serjeants should at their leisure meet together in the Chamberlains Chamber and that the last Tryors of Gascoigne c. or any four of them calling unto them the Queens Serjeants the Queens Attorney and Sollicitor should hold their place when their leisure did serve them to meet in the Treasurers Chamber Then the Queen continued the Parliament unto a day to come which is entred in the Original Journal-Book of the Upper House in manner and form following viz. Ipsa Regina continuavit praesens Parliamentum usque in diem Jovis prox ' hora secunda post Meridiem On Wednesday the 5 th day of this instant February although the Upper House sate not yet was one extraordinary Proxy returned or brought in unto the Clerk of the said House as there had formerly been another of a like nature returned on Monday the third day of the said Month foregoing which because it was returned before the Parliament it self began and is entred together with that before mentioned in the beginning of the Original Journal-Book of the said House it shall not be much amiss to set them down both together in this place in such manner and form as they are entred in the said Journal-Book viz. Vacat 3. die Februarii introductae sunt Literae procuratoriae Willielmi Assaphen ' Episcopi in quibus Procuratores suos constituit Johannem Archiepiscopum Cantuar ' Johannem Episcopum Roffen Hugonem Episcopum Bangoren ' Nota That though the word vacat be here placed in the Original Journal-Book of the Upper House in the Margent of this Proxy in such manner and sort as this is transcribed yet there doth not appear any reason thereof for as it may be collected by the presence of the Lords set down on Saturday the 8 th day of this instant February following neither the said Bishop of S t Asaph was present himself after the said Proxy sent nor all nor any of his Proctors absent nor himself dead which are only causes of a Vacat 5 to Die Februarii introductae sunt Literae procuratoriae Johannis Carliolen ' Episcopi in quibus Procuratorem suum constitiuit Johannem Archiepiscopum Cantuarien ' Nota That these Two Proxies are therefore called unusual and extraordinary because these two Bishops did constitute the first of them three Proctors and the last of them but one whereas for the most part the Spiritual Lords do nominate two and the Temporal Lords but one which may be collected in part out of the very Returns of this Parliament for of five Spiritual Lords that sent their Proxies three constituted two
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
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
who accordingly were admitted to their several places Two Bills also this Morning of no great moment had each of them one reading of which the first was the Bill for the better Assurance and Confirmation of the Jointure of the Lady Margaret Countess of Cumberland which was read prima vice On Thursday the first 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 the first being the Bill for the Assurance of certain Lands sold to Liste Cave and others was read primâ vice On Saturday the third day of March to which day the Parliament had been continued on Thursday foregoing Four Bills of no great moment had each of them one reading of which the first being against Counterfeiting of Councellors and principal Officers hands was read primâ vice On Monday the 5 th day of March to which day the Parliament had been last continued on Saturday foregoing Three Bills of no great moment had each of them one reading of which the second being against Counterfeiting of Councellors and principal Officers hands was read secundâ vice commissa ad ingrossand 5 Martii introductae sunt literae procuratoriae Henrici Comitis Huntingdon in quibus Procuratores suos constituit Gulielmum Dominum Burleigh The saurarium Angliae Robertum Comitem Essex Vicecomitem Hereford ' Dominum Ferrers de Chartly Quod nota On Tuesday the 6 th day of March the Bill for the Assurance of Land sold to Lisle Cave was read tertiâ vice On Wednesday the 7 th day of March to which day the Parliament had been last continued Retornatum est breve quo Johannes Salisburien ' Episcopus praesenti Parliamento interesse summonebatur qui admissus est ad suum praeheminentiae sedendi in Parliamento locum salvo jure alieno There was also brought up to the Lords from the House of Commons a Bill for the Naturalizing and making free of William Sidney Son of Sir Robert Sidney Knight Governor of Flushing and Dame Barbara his Wife and of Peregrine Wingfield Son and Heir of Sir John Wingfield Knight and Dame Susan Countess of Kent his Wife And this day also was one extraordinary or unusual Proxy returned from a spiritual Lord who constituted but one Proctor whereas usually no such Lord constituteth fewer than two which said Proxy is thus Entred in the begining of the Original Journal-Book of this Parliament 7 Martii introductae sunt literae procuratoriae Matthaei Dunelmensis Episcopi in quibus Procuratorem suum constituit Johannem Cantuariensem Episcopum On Thursday the 8 th day of March to which day the Parliament had been last continued three Bills of no great moment had each of them one reading of which the first was the Bill for Explanation and Confirmation of the Queens Majesties Title to the Lands and Tenements late Sir Francis Englefield's Knight Attainted of High Treason Not long after this Bill upon the second reading had been committed to ingrossing according to a certainOrder formerly made by the Lords Francis Englefield Esquire appeared before them with one of the Learned Councel who were commanded to declare why an Act for Explanation and Confirmation of the Queens Majesties Title to the Lands and Tenements late Sir Francis Englefield's Knight Attainted of High Treason should not pass And upon Allegations made by the said Learned Councel the Lords Commanded that they should set them down in writing and deliver them to the Attorney General and that on Friday they should attend on the Judges and the Queens Learned Councel at Serjeants-Inn and shew such Deeds of Conveyance as they made mention of before the Lords That the said Lords upon Answer of the Judges and Learned Councel might proceed in the said Bill as it should seem best to their Lordships On Saturday the 10 th day of March to which day the Parliament had been last continued the Bill for Naturalizing and making free of William Sidney the eldest Son of Sir Robert Sidney K t c. being read primâ vice the Lords gave in Commandment to M r Attorney General to bring on Monday certain Depositions remaining in the Exchequer concerning the Cause of Sir Francis Englefield after they had first heard the Opinion of the Judges which was delivered to the Lord Chief Justice of England On Monday the 12 th 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 the second being the Bill for restraining of Popish Recusants to some certain places of aboad was read tertia vice conclusa On Tuesday the 13 th day of March Two Bills of no great moment had each of them one reading of which the first being the Bill concerning the Lands of Henry Lord Abergavenny deceased was read tertiâ vice conclusa The Lords at the Bishop of Worcesters Motion condescended to a Contribution for relief of such poor Souldiers as went begging in the Streets of London viz. That every Earl should give forty shillings every Bishop thirty shillings and every Baron twenty shillings And appointed the said Bishop and Lord Norris Collectors thereof and committed the bestowing thereof to the Earl of Essex and the Lord Willoughby of Eresby On Thursday the 15 th day of March to which day the Parliament had been last continued Four Bills of no great moment had each of them one reading of which the first being the Bill touching the Lord Harowden was read primâ vice On Friday the 16 th day of March Two Bills of no great moment of which the first being against persons Outlawed and such as will not pay their Debts and Duties was read tertia vice conclusa And then the Lord Keeper continued the Parliament in the usual form to Monday following On Monday the 19 th day of March the Bill touching the Lord Harowden was read secunda vice commissa ad ingrossandum On Tuesday the 20 th day of March the Bill touching Sir Francis Englefield's Lands had its third reading and was concluded Four Bills were also this Forenoon sent up to the Lords from the House of Commons of which the second touching the sale of certain Mannors Lands and Tenements from Valentine Knightley Esq c. was read prima vice On Thursday the 22 th day of March Two Bills of no great moment had each of them one reading of which the second concerning the Assurance of certain Lands and Tenements to Read Stafford Esquire and Mabell his Wife and to the Heirs of the said Read was read secunda vice On Saturday the 24 th day of March the Bill touching the Lord Harowden was upon the third reading concluded Four Bills were brought up to the Lords from the House of Commons of which the second was concerning the lawful deprivation of Edmond Bonner late Bishop of London On Monday the 26 th day of March to which day the Parliament had been
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
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
had by the House of Commons and delivered by M r Secretary accompanied with many others for a Conference to be had concerning the Bill intituled An Act concerning Tellors Receivors c. Whereupon the House nominated the Lord Burleigh Lord Treasurer the Earl of Nottingham Lord Admiral and divers other Lords both Earls Bishops and Barons as Committees to confer with such a number of the House of Commons as should confer with the Lords touching the said Bill The Lord Chief Justice of England the Lord Chief Justice of the Common Pleas the Lord Chief Baron M r Serjeant Drew and M r Attorney being appointed to attend the Lords and the meeting to be at the great Councel Table at the Court at Whitehal to Morrow being the 13 th day of this instant December at two of the Clock in the Afternoon Two Bills of no great moment had each of them one reading of which the first concerning Stains Bridge was read tertiâ vice expedit The Councel on both parties viz. for Arthur Hatch on the one part and of the Dean and Chapter of Windsor of the other were admitted to publick hearing in the House And thereupon the Bill of Arthur Hatch was referred to Committees being Peers and Members of the House and the Lord Chief Justice of England and M r Attorney to attend their Lordships Vide concerning this matter on Thursday the 8 th day of this instant December foregoing The Councel on both parts for the Lord Marquess of Minchester on the one part and the Lord Wountjoy of the other were admitted to publick hearing in the House And thereupon no just cause to hinder or stay the proceeding of the Bill appearing the same was commanded to be read the third time and so was expedited Vide touching this business on Saturday the 10 th day of this instant December foregoing The Committees upon the Bill to enable the owners of Gavelkind Lands in the County of Kent to alter the said Custom who were appointed on Saturday the 10 th day of this instant December foregoing although their names and the Commitment of the said Bill upon the second reading be there purposely omitted as matter of small consequence returned the same to the House without alteration On Tuesday the 13 th day of December Three Bills of no great moment had each of them one reading of which the first being the Bill for enabling of Edmund Mollineux Esquire to sell Lands for the payment of his Debts and Legacies was read secunda vice and committed unto the Earl of Shrewsbury and others and M r Justice Gaudie and M r Serjeant Crew to attend their Lordships Which Committees were Ordered to meet at the Earl of Lincolns House in Cannon Row on Thursday next by two of the Clock in the Afternoon Two Bills were sent up to the Lords from the House of Commons of which the second being the Bill for relief of the poor was read primâ vice Four Bills also of no great moment had each of them one reading of which the first being the Bill against Forestallers Regraters and Ingrossers was read tertiâ vice and sent down to the House of Commons by M r Serjeant Drew and M r Doctor Stanhop for their consideration of some Amendments The Bill giving power and liberty to Sir John Spencer Knight Mary his Wife and Robert Spencer Esquire their Son to alienate certain Mannors and Lands in the County of Dorset and Bedford was read secunda vice And thereupon two Letters from the Lady Spencer to the Lord Chamberlain were read in the House signifying her pleasure and consent to the Bill The Bill for explanation of the Statute made in the 5 th year of her Majesties Reign concerning Labourers was read secundâ vice And a motion being made in the House for some Amendent of the Bill the Amendment was presently agreed on in the said House On Wednesday the 14 th day of December Three Bills of no great moment had each of them one reading of which the first being the Bill for explanation of the Statute made in the 5 th year of her Majesties Reign concerning Labourers was read tertiâ vice and thereupon was sent down to the House of Commons from whence it had been formerly brought up to their Lordships with some Amendments added thereunto by M r Attorney and D r Stanhop The Bill for the grant of three Subsidies and six Fifteenths and Tenths was brought up to the Lords from the House of Commons by M r Comptroller and others This day Order was given for the release of M r Wood out of the prison of the Fleet at whose Suit the Lord Chandois his Servant called Edward Barston was arrested so as he make satisfaction unto the said Barston of such charges as he was at by means of that Arrest Vide concerning this matter on Saturday the 26 th day of November foregoing as also on Thursday the first day Saturday the third day and on Monday the 5 th day of this instant December last past The like Order taken for the enlargement of William Cole that arrested John Yorke the Lord Archbishops Servant paying only the Fees of the Fleet. Vide touching this business on Thursday the eighth day of this instant December foregoing Certain Amendments were thought fit by the Committees to be added to the Bill intituled An Act for erecting of Houses of Correction and punishment of Rogues Vagabonds and Sturdy Beggers which Amendments were twice read and upon consideration of the same direction was given to some of the said Committees viz. the Lord North the Lord S t John and the Lord Buckhurst to review the said Amendments for reformation of some defects found therein by the House and the Lord Chief Justice of England appointed to attend them On Thursday the 15 th day of December Three Bills of no great moment had each of them one reading of which the first being the Bill for grant of three Subsidies and six Fiftenths and Tenths was read prima vice Six Bills were brought up to the Lords from the House of Commons of which the first was the Bill for establishing the Hospital of Queen Elizabeth in Bristol for relief of the Orphans and Poor there and was returned with allowance of the Amendments Certain Articles were presented in writing by the House of Commons touching their opinions and objections concerning the Bill of Tellors and Receivors which were delivered to M r Attorney to the end he might confer with the Judges upon the same and make Report to the Lords The Bill for Arthur Hatch her Majesties Ward was returned into the House by the Lord Treasurer first of the Committees who said that there were in the Bill certain Points that could not be well reformed whereupon motion was made to the House upon agreement amongst the Committees that the proceeding in this Bill might cease and that another course might be taken by way of Composition betwixt the Dean and Chapter of Windsor and
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
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
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
Two Committees for two several Bills made one Committee for both Bills p. 607 Common Prayer vide Uniformity Conference to be had before a Bill passed either House be rejected by the other p. 272 273. 388. Vide the Table to the Journal of the House of Commons Contribution of two shillings in the pound made by the Lords towards the Queens extraordinary charge in defence of the Realm p. 387. Contribution made by them for relief of such poor Souldiers as went begging in the Streets of London p. 462. An Order that such Lords as were absent the whole Session should pay double to what others did who constantly attended the service of the House and those that came but seldom to the House a third part more p. 463 464 Convocation-days the House of Lords either sit not or do little business on them p. 67 Crown a Bill restoring to it the ancient jurisdiction over the State Ecclesiastical and Spiritual c. p. 28 D. ABill for Denization of Peregrine Berty and Katharine Dutchess of Suffolk his Wife p. 145. of William Watson p. 148 Dissolve vide Commissions Doctors of the Civil Law made Joint-Committees with the Lords p. 145 E. EGerton Sir Thomas made Lord Keeper 38 Eliz. p. 522. His Speech to the Parliament 39 and 40 Eliz. p. 524. Q. Elizabeth enter'd on the Government Nov. 17. ann Dom. 1558. p. 1. and within nine weeks summons a Parliament viz. Jan 23. ibid. A Bill in that Parliament to make her inherit able to the late Q. Anne her Mother p. 19. she is averse from declaring a Successor p. 107. 127 128. Her sharp Speech to the Parliament in ann 8 and 9. for their Petition to that purpose p. 116. She remitteth the third payment of a Subsidy to take the Parliament off from urging her to declare a Successor p. 131. Her Pious Speech at the end of the Session 27. of her Reign p. 328. In the Parliament 28 and 29 of her Reign called upon the discovery of Babingtons conspiracy she appeared not in person but gave Commission to three Lords to supply her place with the title of Lords Lieutenants p. 377 378. Both Houses petition her to execute the sentence upon Mary Queen of Scots with her Answer thereto p. 380 381 382. Her Speech at the end of the Parliament in 35 of her Reign p. 466. Her great success against the Spaniard set forth in a Speech by the Lord Keeper p. 599. Jewels given to her Physicians to poyson her p. 599 G. GArgrave Sir Thomas chosen Speaker to the Commons in the Parliament holden 1 Eliz. p. 15. and 40. The manner of his disabling himself to the House first and then to the Queen ibid. His Petitions of course on behalf of the House of Commons p. 16. His Speech at the conclusion of the Session p. 31 Gavelkind what and in what places it obtaineth p. 272. A Bill to enable the owners of Gavelkind Lands in the County of Kent to alter the said Custom p. 533 Gentleman-Usher of the House claims right to bring such persons before the Upper House as are accused of breach of priviledge and sayes it does not belong to the Serjeant at Arms. p. 603. He is sent for an ordinary servant of the Queens committed to the Fleet for debt upon Execution and for him that arrested him p. 605. 607. This not to injure the Serjeant at Arms in his pretensions to that office p. 607 Grace Vide Bills and Acts. H. HAtton Sir Christopher made Chancellor 29 Eliz. upon the death of Sir Thomas Bromley p. 419 Herald at Arms in ordinary to the Queen not to have priviledge from Arrest on account of the Session of Parliament p. 608. 611 Hexamshire a Bill to annex it to the County of Northumberland and its Ecclesiastical Jurisdiction to the Bishoprick of Durham 8 9 Eliz. p. 103. but not passed into an Act till 14 Eliz. p. 200 Horses a Bill against conveying them into Scotland 1 Eliz. being a revival of an Act made 23 H. 8. p. 21 22 Lord Hunsdon's place in Parliament between the Lord Chandois and the Lord S t John of Bletso p. 530. 543 I. INgrossing of a Bill what p. 18. Vide Bills Injunctions to stop proceeding at Law in Parliament time p. 21 Judges who are but assistants to the Upper House made Joint Committees with the Lords p. 67. 71. 99. and so in every Parliament till 39 40 Eliz. p. 142. 527. but only to consider of some ordinary Bill and which concerned matter of Law for they were never of such Committees as were to have Conference with the Commons p. 423. They have leave from the Lord Chancellor or Keeper to sit covered in the House but are always uncovered at a Committee p. 527 K. KEeper vide Chancellor Kentish-Street in Southwark a Bill for the paving of it 8 and 9 Eliz. p. 112 L. THE River Lee a Bill to bring it to the North-side of London 13 Eliz. p. 150 Low-Country Wars a voluntary contribution of both Houses towards the maintaining of them p. 387 M. MArry see the word in the Table to the Journal of the House of Commons the Queen Petition'd by the House of Lords to marry with her Answer p. 105. 107. The advice and consent of the Parliament often required for the marrying of the Kings of England p. 117 119. Earl Marshal his place in Parliament is betwixt the Lord Chamberlain and the Lord Steward p. 535 Queen Mary died Nov. 17. 1558. in the sixth year of her Reign p. 1 Mary Queen of Scots Vide the Table to the Commons Journal Mason Anthony Esq Clerk of the Upper House 13 Eliz. p. 137. He is succeeded by Thomas Smith Esquire in the Parliament 39 40 Eliz. p. 522 Melcomb Regis Vide Weymouth Messages sent from the House of Commons to the Upper House are received by the Lord Keeper and the rest of the Lords at the Bar whither they are to go and meet those that come from the Commons p. 539 540 Mises not to be paid by the Shires of Wales and County Palatine of Chester when Subsidies are paid nor the contrary p. 20 Monopolies Petition'd against in 39 40 Eliz. which the Queen judges an invasion of her Prerogative ibid. N. A Bill of Naturalization of Gerson Wroth a German p. 22. of William Sidney and his Wife and of Sir John Wingfield and his Lady p. 462. of Justice Dormer and George Sheppy p. 464. of Samuel Saltingstal p. 488 Newgate the Keeper of it committed to the Fleet for not obeying an Order of the Lords for the bringing of one that was Prisoner there upon Execution and was Servant to a Peer p. 608 Duke of Norfolk a Bill for the confirmation of his marriage with the Lady Margaret his Wife 1 Eliz p. 22. and for the assurance of certain Lands for her Jointure p. 25 Earl of Nottingham his place in Parliament betwixt the Earl of Lincoln and Lord Viscount Bindon p. 543 O. OBjections against a
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
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
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
Presence of her Majesty the Lord Keeper and the Lords Spiritual and Temporal is not at all marked in the Original Journal Book of the Upper House although this entrance following of the said day be there thus Recorded viz. Die Mercurij 25. die Januarij proceres tain Spirituales quam Temporales quorum nomina subsequuntur presentes fuerunt But before this Title there is nothing specified touching the presence of her Majesty or of any of the Lords for the Letters which should be set at the beginning of the names of such Peers as this day attended her Majesty in the Upper House are not at all prefixed to any of them which doubtless happened through the great negligence of Francis Spilman Esq at this time Clerk of the Upper House Yet most certain it is that her Majesty Sir Nicholas Bacon the Lord Keeper the Duke of Norfolk and divers other Peers were present but the direct manner of the ranking of them in respect of the negligent omission of setting the Pr. as aforesaid at the beginning of every Lords name that was present could not be orderly and and directly entred in his place although this was the first day of this first Parliament of her Majesty nor on Saturday the 28th day of this instant January being the second day of the same because by like negligence of Francis Spilman Esq at this time Clerk of the Upper House there is no presence of any Lords there set down in the Original Journal Book of the same House nor any mention of the Speakers presentment by the Knights Citizens and Burgesses of the House of Commons and therefore of necessity it could not be supplied until the third day of this foresaid first Parliament of her Majesty being Monday the 30th day of this instant January on which day the names of all the Lords Spiritual and Temporal being entred the Letters Pr. are prefixed before the name of the Lord Keeper and of such Peers as were then present as see at large on the said Monday next ensuing and therefore that President there so expresly Transcribed may serve as a Pattern for all the residue that follow in all the Journals of the Upper House during her Majesties Reign in which there are no other names inserted but of such Lords as were marked to be present unless it be upon Thursday the 21th day of March following in the afternoon in this present Journal and on Fryday the 15th day of January in the Session of Parliament A. 5. of her Majesty in the Journal of the Upper House And although the names of her Majesty and the Lords that attended could not be exactly set down yet it will not be impertinent in the next place to insert the manner of their sitting in the said House which being not at all mentioned in the aforesaid Original Journal Book of the same A. 1. Reg. Eliz. I have therefore partly supplied it according to 3 other Presidents in these ensuing Journals on which the first was on Thursday the 12th of Jan. in the Session of Parliament A. 5. Reg. Eliz. the second on Wednesday the 2d day of Octob. pomerid ' in the second and last Session of that Parliament being held in A. 8. Reg. 〈◊〉 and the third on Monday the 2d day of Apr. in the Parliament A. 13. Regin praedict ' all which do follow in the several Journals of the Upper House Annis praesatis and it is partly supplied also out the Printed Statute A. 31. H. 8. C. 10. and partly out of that elaborate written Treatise intituled Modus tenendi Parliament ' apud Anglos first confusedly gathered by Wil. Bowyer Esq as I conceive and now lately digested into a Methodical Treatise and enlarged by H. Essing Esq at this time Clerk of the Upper House viz. in A. 1630. L. 1. C. 3. de loco modo sedendi Sect. 3. of the manner of sitting in Parliament at this day Her Majesty sate in the Chair of Estate and when she stood up her Mantle was assisted and born up from her Arms by two Noblemen or others of Eminent Rank thereunto appointed The Two Seats on the right and left-hand of the Chair of Estate were void in respect that the first was Anciently for the King of Scots when he used to come to our Parliaments and the other on the left hand is for the Prince the immediate Heir of the Crown On the Form on the right side of the Chair of Estate which stands on the North-side of the Upper House sate the Spiritual Lords the Archbishop of York beginning the Form and the Abbot of Westminster ending it Who was the last Abbot that ever sate in the said House in England since this first Parliament of her Majesty But at this day the two Archbishops sit upon one Form by themselves and then the other Bishops in order upon two Forms on the right hand of the State the Bishop of London sits first the Bishop of Durham second and the Bishop of Winchester hath the third place and then all other Bishops according to the Antiquity of their Consecrations On the left side of the Chair of Estate which is on the South-side of the Upper House upon the foremost Form sate all the Temporal Lords above the degree of Barons The Marquess of Winchester Lord Treasurer of England beginning that Form and the Viscount Bindon ending it The Barons sate on the second Form on the left hand of the State and it should seem at this Parliament as it fell out also in the next Sessions following in A. 5. Regin Eliz. on Tuesday the 12th day of January that one Form held them all so as the Lord Clinton Lord Admiral of England began the said Form by reason of his Office and the Lord St. John of Bletsoe ended it But at this day the number of Peers being much encreased divers of the Barons do sit upon other Forms Places Cross-ways at the lower end of the House Sir Nicholas Bacon the Lord Keeper because he was under the degree of a Baron as also her Majesties chief Secretary being but a Knight were to have been placed at the uppermost part of the sack in the midst of the said House upon one Form by the fore recited Statute A. 3. H. 8. Cap. 10. But at this present Parliament as also at this day during her Majesties being present the Lord Keeper stood behind the Cloth of Estate on the right-hand and when her Majesty was absent then his Lordship sate on the first Woolsack which is placed athwart the House the Seal and Mace by him On the Woolsack on the North-side of the House and of the right-hand of the Estate sate the two Chief Justices and divers other Judges On the Woolsack on the left-hand of the Estate and on the South-side of the House sate the Master of the Rolls the Lord Chief Baron the Queen 's Learned Council and others And note That all these may properly besaid to sit on the Inner-side of
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
Seigneurs sont assentus and so the Bill was delivered to Mr. Attorny and Mr. Vaughan as aforesaid to be carried to the House of Commons together with the Bill whereby the Queen's Majesty is made inheritable to the late Queen Ann her Highnesse's Mother But if the Lords had added any new Proviso to the foresaid Subsidy-Bill that ought to have been sent down to the House of Commons written in Parchment ut vid. March 23. Thursday postea On Munday the 20th day of February The Bill of the Subsidy of Tonnage and Poundage which by common consent was concluded upon the third reading was delivered to Mr. Solicitor and Mr. Martin Clerk of the Crown to be carried to the House of Commons with certain Amendments to be put thereunto On Tuesday the 21th day of February two Bills were sent up to the Lords from the House of Commons of which the first being the Bill for the Subsidy and the second to restore the Queen in blood to the late Queen Ann her Highnesse's Mother were each of them return'd exped ' The Bill also for the restitution of the First-fruits and Tenths and Rents reserved Nomine Decimae and of Parsonages impropriate to the Imperial Crown of this Realm was returned from the House of Commons with five Provisoes added thereunto by the said Commons and certain Amendments to be reformed therein which said Provisoes were written in Parchment and the Amendments in Paper Whereas J. Broxham brought an Assize against the Lord Willoughby of Parham to be Tryed at the Assizes and Sessions now next to be holden at Lincoln at the Complaint and Petition of the said Lord Willoughby in respect of his necessary attendance at the Parliament whereby he cannot attend with his Learned Council at the Assizes the rather for that some of his Council are also Burgesses and attend the Parliament it is Ordered and Decreed by the Lords that an Injunction presently be awarded out of the Chancery to the said John Broxham his Counsellors and Solicitors commanding them and every of them upon pain of 500 l. that none of them in any wise proceed in and to the Tryal of the said Assize at this Assizes now next to be holden at Lincoln On Wednesday the 22th day of Feb. the Bill for the Restitution in blood of Sir James Crofte was read prima vice On Fryday the 24th day of February the Bill for the restitution in Blood of Sir Henry Gate was read three times and the like Bill for Sir James Crofte was read Secunda tertia vice and both sent down to the House of Commons by Mr. Solicitor and the Clerk of the Crown The manner whereof vide on Saturday the 4th of this instant Feb. foregoing On Saturday the 25th day of February the Bill for the Restitution in blood of the Lord John Gray was twice read and after that the Bill against Conveyance of Horses into Scotland was read the first time the said Bill for the Lord Gray was read the third time and Passed and sent to the House of Commons by Mr. Attorny and Mr. Solicitor which was done in honour of him On Munday the 27th of February the Bill whereby certain Offences be made Treason with a Request that a Proviso therein contained be put out and another devised by the House of Commons to be put in the stead thereof The Bill for the restoring the Supremacy to the Imperial Crown of this Realm and Repealing divers Acts of Parliament made to the contrary and the Bill for the restitution of the Lord Cardinal Pool were sent up to the Lords from the House of Commons the manner of which see on Saturday the 11th day of this Instant Feb. foregoing And the said Bill touching Cardinal Pool was read prima vice and committed to the Chief Justice and the Queen's Attorney vid. March 3. postea The Bill lastly against Conveyance of Horses into Scotland was read Secunda vice Commissa ad ingrossandum On Tuesday the 28th day of February the Bill for the restoring of the Supremacy to the Imperial Crown of this Realm and the Bill for the explanation of the attainder of the Lord Cardinal Pool were each of them read secunda vice but there is no mention made that they were either Ordered to be ingrossed or referred to Committees because they had been sent from the House of Commons on the day immediately foregoing On the first day of March the Lord Keeper and divers other Lords met but nothing was done save only the Parliament continued the entrance whereof is thus erroneously set down in the Original Journal Book of the Upper House through the Clerks negligence viz. Dominus Cancellarius mistaken for Custos magni Sigilli continuavit presens Parliamentum usque in diem Crastinum hora nona On Thursday the second day of March the Bill of Recognition of the Queen's Highnesse's Title to the Imperial Crown of this Realm the Bill of Subsidy for Tonnage and Poundage the Bill touching Tanners and Sellers of Tann'd Leather and the Bill touching Shoemakers and Curriers were sent up to the Lords from the House of Commons The Bill lastly touching the Duke of Norfolk and the Bill for the restitution of Robert Rudston were each of them read the first time On Fryday the third day of March the Bill for Treasons which had been Read the second time on Fryday the 10th day and the third time on Saturday the 11th day of February foregoing and then sent down to the House of Commons although it be there omitted as matter of no great moment and from them sent back again to their Lordships on Munday the 27th day of the same Month with a request that a Proviso therein contained might be put out and another by them inserted was Committed to the Earl of Sussex the Bishop of Chichester the Bishop of Carlile the Lord Rich and the Lord Hastings of Loughborrough to confer therein with certain of the House of Commons touching a Proviso to be put into the same by which the Lords did express their great desire to keep Correspondency with the House of Commons who had commended the inserting of the above-mentioned Proviso unto them Nota also that whereas the Judges are in most of the Journals of her Majesties Reign although they be but Attendants of the Upper House named joynt Committees with the Lords in ordinary Bills or else are named as Attendants upon them in matters of greatConsequence yet in the Original Journal Book of the Upper House A. isto primo Regin Eliz. there is no mention made of them as joynt Committees or as Attendants upon their said Lordships save only that on Munday the 27th day of February foregoing a Bill upon the first reading is said to have been Committed to the Lord Chief Justice of the King's Bench and the Queen's Attorny which may rather be called a Reference than a Commitment as see on Saturday the 4th day of February preceding and therefore that they are not
at all named with the Committees of the Lords in all the aforesaid Journal Books may doubtless be conceived to have happened through the Clerk's negligence For in the very next ensuing Session of Parliament in An. 5. Regin Eliz. they are seldom omitted prout on Tuesday the 26th day of January on Saturday the 30th day of the same Month as also on Saturday the 20th day of March then next following The Bill for Restitution of Robert Rudston was read secunda vice and again tertia vice conclusa The Bill also to revive a Statute made A. 23. H. 8. against the Conveyance of Horses Geldings and Mares into Scotland was read tertia vice conclusa and the Bill touching the Duke of Norfolk was read secunda vice Commiss ' ad ingrossandum Six Bills were brought up to the Lords from the House of Commons of which the first being for the restitution in blood of the Lord John Grey the second for restitution in blood of Sir J. Gates Knight and the third for restitution in blood of Sir James Croft Knight were each of them returned conclus ' the fourth was touching the changing of Gavelkind Land of the Lands of Thomas Brown and George Brown the fifth for the Incorporation of Trinity Colledge n. Cambridge and the last for assurance of Lands to the Lord Wentworth the Lord Rich and the Lord Darcy On Saturday the fourth day of March the Bill to change the nature of Gavelkind Land of the Lands of Thomas Brown and George Brown was read the first time The Bill touching Tanners and Sellers of Tanned Leather was read the first time and the Bill for Shoemakers and Curriers was read the second time and both of them Committed to the Duke of Norfolk the Earl of Shrewsbury the Bishop of London the Bishop of Carlile the Lord Rich and the Lord Willoughby Dominus Thesaurar ' continuavit presens Parliamentum usque in diem Lunae prox ' hora nona Nota That that there appeareth no Commission or other Authority in the Original Journal Book of the Upper House by which the Lord Treasurer supplied the Lord Keeper's place but most probable it is that either the Commission it self is negligently omitted by Francis Spilman Esq at this time Clerk of the said House or else that the said Lord Treasurer did continue it only upon her Majesties Verbal Authority and Command as did the Lord Treasurer in the like Case in the Session of Parliament A. 18. Regin Eliz. on Saturday the third day of March. On Munday the 6th of March the Bill for the Ratification of the Marriage between the Duke of Norfolk and the Lady Margaret now his Wife and for the assurance of certain Lands for her Joynture was read tertia vice conclusa The Bill also for the restitution in blood of Harry Howard c. younger Brother to the Duke of Norfolk was read prima vice The Bill also for the Explanation of the restitution of the Lord Cardinal Pool was committed to the Archbishop of York the Duke of Norfolk the Earl of Rutland the Bishop of Carlile the Lord Rich the Lord Willoughby and the Lord Hastings of Loughborough but no mention is made of the reading thereof which was doubtless omitted through the great Negligence of Francis Spilman Esq Clerk of the Upper House for this Bill was read prima vice on Munday the 27th of February foregoing and was Committed to the Lord Chief Justice of the King's Bench and the Queen's Attorny to consider of it as is probable and to make report thereof unto the Lords which being done this day and the Bill thereupon as may likewise be gathered read the second time it was Committed to the Lords abovenamed and on the morrow following it was read tertia vice and Passed the House and on Wednesday the 8th of this instant March following was sent down to the House of Commons by Mr. Lewes and Mr. Vaughan On Tuesday the 7th day of March the Bill for the explanation of the Repeal of the Attainder of the late Lord Cardinal Pool was read tertia vice conclusa The Bill also for the assurance of Lands to the Lord Wentworth the Lord Rich and the Lord Darcy and the Bill for the Incorporation of Trinity-Hall in Cambridge were each of them read prima vice The Bill lastly for explaining the Statute made against ingrossing of Dead Victuals and the Bill that Gerson Wroth born in Germany shall be reputed the Queen's natural born Subject were sent up to the Lords from the House of Commons On Wednesday the 8th day of March the Bill for the explanation of the Statute against ingrossing of Dead Victuals and the Bill for the true Answering of the Queen's Majesties Revenues were each of them read prima vice Four other Bills also of no great moment had each of them one reading of which one being the Bill for the changing of the nature of Gavelkind Lands of Thomas Brown and George Brown and another for the assurance of Lands to the Lord Wentworth the Lord Rich and the Lord Darcy were each of them read secunda vice but no mention made that they were either Ordered to be ingrossed or referr'd to Committees because they had been sent from the House of Commons on the day next foregoing The Bill touching the Duke of Norfolk and that concerning Cardinal Pool were sent to the House of Commons by Mr. Lewis Mr. Vaughan On Thursday the 9th of March the Bill for the assurance of certain Lands to the Lord Wentworth the Lord Rich and the Lord Darcy de Chiche was read tertia vice conclusa dissentientibus Episcopo London Meneven ' Abbat ' de Westm ' the Bill for Gerson Wroth was read tertia vice conclusa and the Bill for exchange of the nature of Gavelkind Lands of the two Browns was read also tertia vice conclusa dissentient ' Duce Norfolciae Quatuor Comitibus tribus Baronibus The Bill lastly for the true Answering of the Queen's Majesties Revenues was read secunda vice Commissa ad ingrossand On Fryday the 10th day of March the Bill for the Incorporation of Trinity-Hall in Cambridge and the Bill for the true Answering of the Queen's Majesties Revenue were each of them read tertia vice conclusa and sent down to the House of Commons The Bill lastly for the explanation of the Statute against ingrossing of Dead Victuals was read secunda vice but no mention is made that it was either referr'd to Committees or Ordered to be ingrossed because it had been sent from the House of Commons Tuesday the 7th day of this instant March foregoing v. a like Commitment on Munday 13th day of Feb. foregoing On Saturday the 11th day of March a Proviso to be annexed to the Bill of Treason was read prima secunda vice commissa ad ingrossand On Munday the 13th day of March a Proviso to be annexed to the Bill of Treasons was read tertia vice
having given it a second reading did notwithstanding that it had passed the House of Commons refer it to divers Committees there named who did it seems add divers Provisoes thereunto containing the substance of a new Bill to be annexed to the old Bill and which with it made but one Act or Statute and had its first reading on Wednesday the 15. day and its second reading on Thursday the 16. day of the same Month and on Saturday the 18. day thereof Also both the old Bill sent up from the House of Commons and the Provisoes and Amendments annexed unto it in nature of a new Bill were tertia vice lect and passed the Lords notwithstanding the malitious opposition of divers Popish Bishops although this Bill did upon the matter declare no more than the Antient Kings of this Realm had always aimed at which said new Provisoes and Amendments being in the nature of a new Bill were the same day sent down to the House of Commons with their old Bill where the said Provisoes and Alterations added by the Lords had their first reading on Monday the 20. day their second on Tuesday the 21. day and their third on Wednesday the 22. day of the aforesaid March preceding and the said old Bill touching the Supremacy with those new provisions and alterations annexed to it and now passed also by the House of Commons were the same Forenoon returned up again unto their Lordships with a new Proviso added by the said Commons thereunto which said new Proviso was then read also prima secunda tertia vice and passed in the Upper House But whether the many new Additions and Alterations in this foregoing Bill had made some confusion in it or that the House of Commons disliked that their Bill formerly passed with them had received so much reformation in the Upper House or for what other cause I know not most certain it is that they had no desire the said former Bill should be made a perpetual Law by her Majesties Royal Assent and thereupon they framed a new Bill to the like purpose in which I suppose they included also the substance of all the Additions Provisoes and Amendments which the Lords had annexed to their former Bill which had its first reading in the House of Commons as appears by the Original Journal Book of the same House fol. 207. a. on Monday the 19. day of this Instant April being thus intituled much differing from the title thereof here annexed or after added before the Printed Statute viz. The Bill to avoid the usurped power claimed by any Foreign Potentate in this Realm and for the Oath to be taken by spiritual and temporal Officers After which it had its second reading on Wednesday the 12. day and its third reading on Thursday the 13. day of the same Month where also it is entred with this new title viz. The Bill for restoring the spiritual Jurisdiction to the Imperial Crown of the Realm and abolishing Foreign Power And in the inner Margent of the said Journal Book fol. 203. a. over against the beginning of the said title is written Judicium Assent which sheweth that upon the said third reading it passed the House after which on the next day following being Friday it was with three other Bills sent up to the Lords And on Saturday the 15. day of the said April it was read prima vice in the Upper House And on Monday the 17. day thereof next ensuing it was read there secunda vice and thereupon committed to divers Peers as the former Bill in this great and important cause had been before referr'd to Committees on Monday the 13 th day of March preceding although it had been sent up from the Commons and had passed their House in such manner and form as the present Bill had been passed by them And as to that said former Bill so to this also as it is easie to be gathered did the Lords Committees make some addition although but of one new Proviso which was read prima secunda vice on Tuesday the 25 th day of this Instant April after which both the Bill it self and that new Proviso had their third reading and passed the Upper House on Wednesday the 26 th day of the same Month and the said Bill with the said new Proviso written in Parchment were at the same time sent down to the House of Commons by Serjeant Weston and the Queens Attorney where the said new Proviso added by the Lords was passed and the Bill returned again from them unto their Lordships on Friday the 28 th day of this Instant April with another new Proviso added by them although through the great negligence of ..... Scymour Esq now Clerk of the same House there be no mention at all of the sending down of the said Proviso passing it or adding of the new Proviso but only of the returning the same to the Lords Apr. 27. in the Original Journal Book of the same House To 〈◊〉 new Proviso also it should seem the 〈◊〉 gave three readings this present day and so passed it And it is probable that it happened only through the error of Francis Spilman Esq Clerk of the Upper House that the said Proviso is set down to have been read only tertia vice this Instant Saturday the 29 th day of April The Bill also limiting the times for laying on Land Merchandizes from beyond the Sea and touching the Custom of Sweet Wines and the Bill for the continuance of certain Statutes were each of them read prima vice The Bill touching Hexham and Hexhamshire in the County of Northumberland and the Bill whereby the use or practice of Inchantments Witchcrafts and Sorceries is made Felony were each of them read secunda vice Three Bills were brought up to the Lords from the House of Commons of which the first Bill set down in the Original Journal Book to have been brought up as aforesaid is thus intituled viz. An Act for Uniformity of Common-Prayer and Service in the Church and the Administration of the Sacraments conclus which doubtless was so entred through the negligence of Francis Spilman Esq at this time Clerk of the Upper House For it is plain that no such Bill was remaining at this time in the House of Commons and that only two other Bills the one to annex to the Crown certain Religious Houses c. and the other touching the Garbling of Feathers c. were sent up by Mr. Vicechamberlain as is there set down fol. 213. a. which two Bills are also set down in the Original Journal Book of the Upper House For this Bill touching the Unity of Service in the Church c. was passed in the House of Commons upon the third reading on Thursday the 20 th of this Instant April foregoing as appears by the Original Journal Book of the same fol. 210. a. and was from thence sent up to the Lords on Tuesday the 25 th day and was read prima vice
Majesties coming to the Upper House The manner of calling the Names of the Knights Citizens and Burgesses in former times did much differ from that which is used at this day as appears by the Parliament Rolls in the Tower for in an 7 R. 2. the Knights and Burgesses were called by name in presence of the King which shews they staid without till then And in an 2 H. 4. an 4 H. 4. they were called by name in the Chancery at Westminster-Hall before the Chancellor and the Steward of the Kings House And in an 13 H. 4. the said Knights and Burgesses were called at the Door of the Painted Chamber in presence of the Steward of the Kings House as the manner is Only one President differs from all the latter which is found in the Original Journal-Book of the Upper House de Anno 33 H. 8. where the Duke of Suffolk Lord Steward commanded the Clerk of the Parliament to read the Names of the Commons unto which every one answered they being all in the Upper House below the Bar and then the King came But at this day they are called by their names by the Clerk of the Crown in presence of the Lord Steward in the Court of Requests and now since the first Year of Queen Eliz. and from the fifth the Knights Citizens and Burgesses of the House of Commons as hath been before observed do take the Oath of Supremacy and since the seventh of King James they take the Oath of Allegiance also which the Lord Steward administers to some and appoints certain of them his Deputies to give the same unto the rest 7 Jac. cap. 6. These passages touching the Antient and Modern calling of the Knights Citizens and Burgesses of the House of Commons being not at all touched in the Original Journal-Book of the same House but supplied from other Authority now follows the residue of this days passages out of the foresaid Journal-Book with some Additions Upon the already named 25 th day of January her Majesty came to the Parliament Chamber commonly called the Upper House and being there set and attended by Sir Nicholas Bacon Lord Keeper and divers Lords Spiritual and Temporal in their Parliament Robes the House of Commons had notice thereof and repaired thither And being as many as conveniently could let in and silence made the Lord Keeper of the Great Seal after an Excellent Oration by him made containing the urgent causes for the Calling of this Parliament declared the Queens pleasure to be that the Commons should repair to their accustomed place and there to chuse their Speaker Whereupon the Knights Citizens and Burgesses departing to their own House did there take their several places and most remaining silent or speaking very submissively M r Treasurer of the Queens House standing up uncovered did first put the House in remembrance of the Lord Keepers late Speech and of his Declaration of her Majesties pleasure that they should chuse a Speaker and therefore in humble Obedience to her Majesties said pleasure seeing others remain silent he thought it his Duty to take that occasion to commend to their Choice Sir Thomas Gargrave Knight one of the Honourable Council in the North Parts a worthy Member of the House and Learned in the Laws of this Realm By which Commendations of his of the aforesaid worthy Member of the House to their Consideration he said he did not intend to debar any other there present from uttering their free opinions and nominating any other whom they thought to be more fitting and therefore desired them to make known their opinions who thereupon did with one consent and voice allow and approve of M r Treasurers nomination and Elected the said Sir Thomas Gargrave to be the Prolocutor or Speaker of the said House The said Sir Thomas Gargrave being thus Elected Speaker after a good pause made stood up uncovered and having in all humility disabled himself as being unfurnisht with that Experience and other qualities which were required for the undertaking and undergoing of so great a Charge did conclude with an humble Request to the House to proceed to the New Election of some other more able and worthy Member amongst them But the House still calling upon him to take his place of M r Speaker the before-mentioned M r Treasurer and M r Comptroller of her Majesties Houshold as may very well be gathered did rise from their places and going unto the said Sir Thomas Gargrave unto the place where he sate did each of them take him one by the right Arm and the other by the left and led him to the Chair at the upper end of the House of Commons and there placed him where having sate a while covered he arose and so standing bare-headed he returned his humble Thanks unto the whole House for their good opinion of him promising his best and uttermost endeavour for the faithful discharge of that weighty place to which they had Elected him And soon after M r Treasurer and M r Comptroller repaired to the Queen to know her Highnesses pleasure when M r Speaker should be presented to her Majesty for Confirmation of this Election and soon after they returned shewing her pleasure was that to be done on Saturday next at one of the Clock in the Afternoon Here it shall not be amiss to add somewhat touching the Election of the Speaker which because I find it ready penn'd to my hand in that elaborate MS. Intituled Modus tenendi Parliamentum apud Anglos Written by my kind Friend Henry Elsinge Esq Clerk of the Upper House this present Year 1630. Libr. 1. cap. 7. § 1. 2. Therefore I shall without any great alteration here add it in the next place and first touching the Antiquity of the Speaker it is most likely that he began to be when the House of Commons first sate For it may clearly be gathered ex Lib. Sancti Albani fol. 207. in Bibliotheca Cottoniana that in the Parliament de an 44 H. 3. The House of Commons had then a Speaker For there Pope Alexander labouring to have Adomar the Elect Bishop of Winchester recalled from banishment the Answer of the Parliament was as followeth viz. Si Dominus Rex Regni majores hoc vellent communitas tamen ipsius ingressum in Angliam jam nullatenus sustineret Which is Signed and Sealed by all the Lords and by Petrus de Mountefortivice communitatis which shews plainly that he was thire Speaker for the very same words did Sir John Tiptofte their Speaker Sign and Seal to the Entaile of the Crown Parl. an 7 8 H. 4. But it is true that the first Speaker who is directly named in Record was in the Parliament Rolls in the Tower de an 51 E. 3. N. 87. The last day of the Parliament saith the Records Sir Thomas Hungerford Knight Speaker declared to the Lords that he had moved the King to Pardon all such as were unjustly Convicted in the Last Parliament And that
the King willed him to make special Bills for them which he had done for seven c. And therefore it can be no Argument that the House of Commons had no Speaker before the 51 th year of E. 3. because no former Records mention him For this is to be noted that the Antient Parliament Rolls did record only what Acts passed between both Houses and what Laws were made and omitted matters of Form and Ceremony There are also divers Parliament Rolls tempore R. 2. that do mention the Presentment of the Speaker prout in an 1 Rich. 2. n. an 2 R. 2. n. 18. 20 22 23 an 4 R. 2. n. 10 12 13. an 5 R. 2. n. 10 16. an 21 R. 2. n. 8 9 14 15. So also the Speaker is mentioned in the Parliament Rolls de annis 1 2 4 5 6 11 H. 4. and in the Parliament Rolls of H. 5. H. 6. and E. 4. remaining in the Tower and in the Parliament Rolls of R. 3. H. 7. remaining in the Chappel of the Rolls in Chancery-lane and since H. 8. time the Original Journal-Books of the Upper House of divers of his Years remain in the Parliament Office scituate and being in the Palace-Yard at Westminster at the South Corner thereof as also the Original Journal-Books downwards to this time and from the first Year of Ed. 6. to this day the Original Journal-Books of the House of Commons are in the Custody or at the disposing of my kind Friend John Wright Esq Clerk of the same House this present Year 1630. And now here do 〈◊〉 the next place follow certain Observations upon the Election of the said Speaker transcribed also with very little alteration out of the before-mentioned Treatise of M r Elsinge Lib. Cap. eodem § 2. in which two Questions are moved First Whether the Commons might chuse their Speaker if the King Commands them not Secondly Whether the Election be in their own absolute choice For to clear these two we must view the Antient Records those of R. 2. are the first that frequently mention the Speaker It doth not appear by any of them that the Commons had ever any such Commandment to chuse their Speaker Neither is there a word of it in any Record of E. 3. which have the Speeches at large touching the Cause of Summons most of them concluding with a Charge to the Commons to consider and advise thereof amongst themselves but nothing touching the Election of their Speaker yet out of doubt they did first chuse their Speaker before they entred into any Debate of their Charge The first Charge to chuse their Speaker is in an 2 H. 4. and yet it is omitted again in the Parliament 7 8 H. 4. but that only excepted it is continued from the 2 H. 4. until this day and the long use hath made it so material that without the Kings Commandment or leave they cannot chuse their Speaker which appears by this that in an 31 H. 6. the Parliament being Prorogued and the Speaker arrested in Execution in the interim before the access the Commons prayed his Enlargement which after long Debates of the Priviledges of Parliament was denied And then certain of the Lords were sent to the House of Commons and Commanded them in the Kings name to chuse a new Speaker and thereupon they did so Vid. An Account of this President at the end of this Session out of Rot. Parl. 31 32 H. 6. And of late Years in the time of Queen Eliz. the Parliament being Prorogued at two several times and the several Speakers dead in the interim before their second access as shall be more largely declared hereafter in these Journals the Commons before they proceeded to any business acquainted the Lords therewith and desired them to intimate the same to the Queen and so were commanded by her Majesty to chuse new Speakers Ut vide in an 8 Regin Eliz. die 1 Oct. in an 23 Reginae ejusdem die 18 Jan. But as touching the second Question surely the Election of the Speaker was antiently free to the Commons to chuse who they would of their own House which appears in this that the King never rejected any whom they made choice of Vide 5 R. 2. The Parliament began 4 Novemb. and the 18 th of Novemb. the Commons came and presented Sir Richard Walgrave whom they had chosen for their Speaker who excused himself desiring to be discharged But the King Lui chargeast del faire sur sa ligeaunce in as much as his Companions had chosen him whereby it appears plainly that the choice was absolutely in their own power These Animadversions touching the Antiquity and Election of the Speaker of the House of Commons being thus inserted from several Authorities Now follows the Presentment of the Speaker and her Majesties allowance of him out of the Original Journal-Book of the House of Commons in which many things of Form are also added by my self and divers Animadversions out of that before-mentioned elaborate MS. Treatise of M r Elsinge's penning Lib. 1. cap. 7. with some small Additions or Alterations On Saturday the 28 th day of Jan. about one of the Clock in the Afternoon to which day and hour the Parliament had been last Adjourned or continued on Wednesday the 25 th day of this instant Jan. foregoing her Majesty Sir Nicholas Bacon and divers Lords Spiritual and Temporal were present in the Upper House which said Lords as also her Majesty had on their several Parliament Robes of which the Knights Citizens and Burgesses and Barons of the House of Commons having notice they repaired thither Sir Thomas Gargrave was led up to the Rail or Bar at the lower end of the said Upper House who submissively excusing himself he humbly desired the Queens Majesty to free him from that Imployment and to Command her Knights Citizens and Burgesses of the House of Commons to Elect amongst themselves some other more able Member for the discharge of the said place But notwithstanding these reasons her Majesty signified his allowance by the Mouth of the Lord Keeper Nota That the exeuse of the Speaker is at this day meerly formal and out of modesty For he first excuseth himself unto the Commons when they Elect him and afterwards to the Soveraign when he is presented But antiently it seemeth they were both hearty and real or else no excuse at all was made And the first President of this nature that is found in Record is in the Parliament Rolls de an 5 R. 2. n. 9. die 4 Novembris where Sir Richard de Waldgrave Knight the Lineal Ancestor in the Male Line of the several Families of Waldegrave in Suffolk being chosen Speaker of the House of Commons did excuse himself unto the said King but was charged upon his Allegiance to undertake it sith he was Chosen by the Commons The next is in an 1 H. 4. of Sir John Cheny who made no excuse at his Presentment
But the next day after he and they came before the King and declared his disability to serve by reason of a sudden sickness and that the Commons had chosen Sir John Dorewood in his place beseeching his Majesty to allow thereof which the King did and Commanded Sir John Dorewood to be their Speaker And then the said Sir John Dorewood made the common Protestation for himself and the Commons but no excuse N. 63. The next excuse is in an 5 H. 4. n. 8. of Sir Arnold Savage which the King would not allow of An. 6 H. 4. n. 8. Sir William Sturing made no excuse and an 7 8 H. 4. n. 9. Sir John Tibtot desired to be excused by reason of his Youth but the King affirmed the Election and all other Speakers in H. 4. his time desired to be excused Some Speakers also under H. 5. desired to be excused and some others did not for it was not constantly observed but from the sixth year of H. 6. since which time they have all except two desired to be excused yet none were excused save only Sir John Popham Knight an 28 H. 6. whom the King discharged and thereupon the Commons chose and presented William Tresham Esq who made no excuse neither did Sir William Oldham an 29 H. 6. desire to be excused These Animadversions upon the Speakers Speech which he first makes unto her Majesty containing his excuse being thus inserted as aforesaid now follows the second Speech of the said Speaker upon his allowance by her Majesty The substance of which being not found in the Original Journal-Book of the House of Commons I have supplied according to the usual Form The said Sir Thomas Gargrave being allowed and confirmed Speaker of the House of Commons by her Majesty having tendred his humble thanks for her Highness gracious Opinion of him and added some Expressions in honour of her Majesty in the end of his Speech He came according to the usual Form to make certain Petitions in the behalf of the House of Commons and of himself in which he did first desire Liberty of access for the Members of the said House to her Majesties presence upon all urgent and necessary occasions Secondly that if in any thing he should mistake or misreport any thing which should be committed unto him to declare that his unwilling miscarriage therein might be pardoned Thirdly That they might have Liberty and Freedom of Speech in whatsoever they had occasion to propound and debate in the House And lastly that all the Members of the House with their Servants and necessary Attendants might be exempted from all manner of Arrests and Suits during the continuance of the Parliament and the usual space both before the beginning and after the ending thereof as in former times hath always been accustomed To which Speech of the said Speaker the Lord Keeper by her Majesties Commandment made a large Answer which is verbatim set down in the Journal-Book of the Upper House upon this instant Saturday the 28 th day of Jan. in which he intimated at large among other things that her Majesty did graciously allow of those Liberties and Priviledges for which the said Speaker had Petitioned so as they were discreetly and modestly used In which Speech of the Speaker's in general it may first be observed that at this day it is in the Speakers Power to deliver in his Speech what shall best please himself whereas antiently he delivered nothing but what the House gave him in Charge to speak as may be gathered by the Parliament Rolls de an 1 R. 2. an 2 R. 2. an 3 R. 2. an 6 R. 2. an 17 R. 2. in an 4 in an 10 H. 4. and in divers other Parliaments in the times of H. 5. H. 6. and Ed. 4. And for those three Priviledges before mentioned which Sir Tho. Gargrave the Speaker did in his foregoing Speech desire of her Majesty in the name and on the behalf of the House of Commons they were no other than the said House did doubtless enjoy in antient time although they were never desired by the then Speakers of the same House nor were any of them ever Petitioned by any Speaker until in the Parliament de an 28 H. 8. as may very probably be gathered by the Original Journal-Book of the Upper House de an eodem And as to the first Petition which he made in the name of the House of Commons for free access to her Majesty it is plain that the said House enjoyed it during the Reign of K. E. 3. prout patet ex Rot. Parl. de an 51 Ed. 3. n. 87. when Sir Thomas Hungerford was Speaker and in the time since under R. 2. H. 4. and their Successors the Presidents are so frequent as they need no vouching And as touching this foregoing Petition it is first Recorded in the Original Journal-Book of the Upper House to have been made de an 28 H. 8. by Richard Rich the then Speaker and in a like Journal-Book de an 31 H. 8. by Thomas Moyle the Speaker in that Parliament and the same course hath been constantly observed by all the Speakers since of whose Speeches there is any good memorial remaining And as touching the second Petition which the said Sir Thomas Gargrave made unto her Majesty in the name of the House of Commons for freedom of Speech there is no Record that it was ever Petitioned for until in the Original Journal-Book of the Upper House de an 33 H. 8. it is entred to have been made by Thomas Moyle the then Speaker yet was it never denied them before for the said Commons would never suffer any uncomely Speeches to pass of private men in their House much less of the King or any of the Lords and in Ed. 3. his time who was an absolute Prince and beloved of his People the Commons themselves did oftentimes discuss and debate many things concerning the Kings Prerogative and agreed upon Petitions for Laws to be made directly against his Prerogative as may appear by divers of the said Petitions yet they were never interrupted in their consultations nor received any check for the same as may appear by the very Answers to their Petitions The Presidents in the two succeeding Kings times are not of so good a stamp as those of Ed. 3. because R. 2. was much over-ruled in his young Years and H. 4. was an Usurper and so was compelled to seek for the love of his Subjects yet was there one passage in his Reign which proved him a most wise and just King after he had attained the Crown For in Rot. Parl. de an 2 H. 4. n. 11. the Commons Petitioned the King that he would not suffer any report to be made unto him of any matters either moved or debated amongst them until they be concluded nor give them any credit whereunto the King assented and for the freedom of Speech which the Commons enjoyed in succeeding times the Presidents are so
as being born in England were each of them read the third time and passed the House and were sent up to the Lords by Mr. Vice-Chamberlain On Wednesday the 8 th day of March two Bills of no great moment had each of them one reading of which the second being the Bill against Leases to be made by Spiritual persons was read the second time and Ordered to be ingrossed The Bishop of Worcester in proper person required the Copy of a Bill exhibited against his Bishoprick and a day to make Answer in writing or otherwise The Bishop of Coventry and Litchfield made the like Petition The Bishop of Winchester at this time was Richard Pate and the Bishop of Coventry and Litchfield was Ralph Banes whose stiff opposition against the Reformation of Religion perfected this Parliament as also the free Liberty they had to defend their own Causes either in person or by their Counsel do argue as in them and divers other Bishops at this time much boldness and perverseness so in her Majesty incomparable Lenity and Moderation who so impartially and patiently suffered their opposition and gave way to their Allegations that so they might be fully convicted upon indifferent hearing It was Ordered that the Bishop of Worcester shall have the Copy and make his Answer upon Saturday next and the Bishop of Coventry and Litchfield on Monday next after And it is likewise granted that the other parties shall then and there have their Counsel to hear the Bishops On Thursday the 9 th day of March four Bills of no great moment had each of them their first reading of which the first was the Bill for the Assurance of the Jointure of the Dutchess of Norfolk The Bill to assure certain Lands late of the Bishoprick of Winchester to the Queen and certain Patentees of King Edward the VI. was read the second time but no mention is made that it was either Ordered to be ingrossed or referr'd to Committees because they had been formerly sent down from the Lords On Friday the 10 th day of March the Bill touching Colledges and Chantries surrendred to King Henry VIII was read the first time The Bill for Restitution in Blood of Robert Rudston And the Bill for the Restitution in Blood of Edward Lewkenors Sons and Daughter were each of them read the second time but no mention is made that they were either Ordered to be ingrossed or referr'd to Committees because they had been formerly sent down from the Lords The Bill against destruction of Fry of Salmons Eels and other Fish And the Bill for dwelling of Cloathiers in Barford Dedding Coxal and Bocking in Essex were each of them read the first time And the Proviso devised by the Lords in the Bill of Treasons had its second reading The Bill for the Answering of the Revenues to the Queen with the Incorporation of Trinity-Hall were brought from the Lords by M r Sollicitor Rowland Lakin Burgess for Wenlock was Licensed to be absent for his business at the Assizes On Saturday the 11 th day of March the Bill to confirm Leases and Grants made by D r Ridley late Bishop of London was read the second time and Ordered to be ingrossed The Bishop of Worcester with his Counsel declared that Hooper was not lawful Bishop by reason of the Appeal of Bishop Heath And so the Grant not good and prayed the House to consider of it Vide concerning this matter on Wednesday the 8. day of this instant March foregoing On Monday the 13 th day of March three Bills of no great moment had each of them one reading of which the last being the Bill for the punishment of seditious words and rumours was read the second time but no mention is made that it was either Ordered to be ingrossed or referr'd to Committees because it had been formerly sent from the Lords The Bishop of London in proper person required a Copy of a Bill put in for Confirmation of Leases granted by Doctor Ridley Usurper of the Bishoprick as he saith which Copy was granted unto him with addition that the House doth intend to take his Title in the Bishoprick as it is And to make his Answer by words on Wednesday next peremptory at nine of the Clock The Bishop of London at this time was Edmund Bonner whose stiff opposition against the Reformation of Religion perfected this Parliament as also the free Liberty he had here to defend his own Cause either in Person or by his Counsel doth argue as in him and divers others Popish Bishops at this time much boldness and perverseness so in her Majesty incomparable lenity and moderation who so impartially and patiently suffered their oppositions and gave way to their Allegations that so they might be fully convicted upon indifferent hearing The Bishop of Coventry and Lichfield with his Counsel declared that for the Fine Levied M r Fisher hath no cause to complain To the which M r Fisher's Counsel alledged that the Fine was made by compulsion Vide concerning this matter on Wednesday the 8 th day of this instant March foregoing Thomas Church one of the Citizens for Hereford for his Affairs was Licensed to be absent On Tuesday the 14 th day of March the Bill for Liberties of Hexham and Hexhamshire and the Bill for Craftsmen to dwell near the Sea in Kent were each of them read the second time The Bill also for carrying of Leather and Tallow over the Sea to be made Felony was read the second time Articles being devised for the punishment of the Bishop of Winchester and others for Cancelling of Records It was Ordered that a Bill should be thereof drawn by M r Keilway On Wednesday the 15 th day of March three Bills of no great moment had each of them their first reading of which the first was the Bill to restore deprived Bishops The Bill for Cloathiers to dwell in Bocking Coxal c. was read the second time and Ordered to be ingrossed Two other Bills also had each of them their second reading of which was one Bill for the Jointure and Marriage of the Dutchess of Norfolk The Bishop of London in his proper person shewing the untruth of the Bill as he takes it did conclude that the Commissioners for his Deprivation did not according to their Commission And yet by his Appeal as also by his Letters Patents from Queen Mary he standeth still Bishop and the Grants made by Doctor Ridley void Vide touching this matter on Monday the 13 th day of this instant March foregoing The Bill lastly for Restitution in Blood of the Sons and Daughter of Edward Lewkenor was read the third time and passed the House On Thursday the 16 th day of March two Bills of no great moment had each of them one reading of which the second being the Bill to make lawful the Deprivations of Bishops and Spiritual persons was read the first time The Bill for the Assurance of the Lands late parcel of the Bishoprick of
Forenoon in Westminster Church between the Popish Bishops and some Learned men of the Protestant Religion which is at large set down Acts and Monuments à pag. 1919. usque ad pag. 1922. at which the Lords of the Upper House and the Knights Citizens and Burgesses of the House of Commons desired as it should seem to be present Vide also on Monday the third day of April next ensuing On Monday the third day of April Mr. Speaker with a few of this House was present and part of the Bill for sealing of Cloths was read but for that this day was appointed to have disputation before the Council and Lords in Westminster Quire between the Bishops and Mr. Horne Mr. Cocks and other English Men that came from Geneva And for that it was meet that they of this House should be there present to hear this Court was continued until the Morrow following Her Majesties godly desire to abolish superstition and to preserve Unity and Truth in the Church doth fully appear by the appointment and permission of this disputation which began in Westminster Church on Friday the last day of March immediately foregoing not here mentioned as is at large set down in that Laborious and Voluminous Work of Mr. Fox his Acts and Monuments On Tuesday the 4. day of April the Bill to revive the Act for Holy-days and Fasting-dayes and the Bill against Sorceries Witchcrafts and Prophecies of Badges and Arms were each of them read the second time and Ordered to be ingrossed On Wednesday the 5. day of April the Bill for the true Answering of the Queens Majesties Revenues was read the second time but no mention is made that it was Ordered to be engrossed or referr'd to Committees because it had been formerly sent from the Lords On Thursday the 6. day of April the Bill to restore spiritual persons deprived in the time of Queen Mary was read the second time and as it should seem was committed to Mr. Goldsmith and others not named The Bill that all such Colledges and Chantries granted to King Edward the Sixth shall be also in the Queens Majesty was read the first time And lastly the Bill against buying and selling of Horses was upon the third reading Ordered to be ingrossed Quod nota On Friday April the 7. the Bill touching the Orders for Men-servants was read the first time And as it should seem committed unto Sir Anthony Coke to consider of it The Bill touching Shipping of Wares and the Bill for the true Answering of the Customs for Merchandizes were each of them read the first time The Bill for Bishops Temporalties was brought from the Lords by Mr. Weston and Doctor Vaughan and the Bill lastly that the Queen shall have the Bishops Temporalties during the Vacation for recompence of Tythes and Parsonages impropriate was read the first time On Saturday the 8. day of April the Bill to revive the Act for sowing of Flax and Hemp and the Bill for encrease of Woods had each of them their first reading The Bill touching Colledges and Chantries granted to King Edward the Sixth to be in the Queen by Explanation of this Bill was read the second time and as it should seem committed to Mr. Mersh and others not named The Bill lastly that the Queen and her Heirs shall have the Temporalties of Bishops for recompence of Tenths and Parsonages impropriate was also read the second time but no mention is made that it was either referr'd to Committees or Ordered to be ingrossed because it had been formerly sent from the Lords On Monday the 10. day of April the Bill for sealing of Woollen Cloaths was read the first time It was this day Ordered that the names shall be called on Wednesday next in the Afternoon Two Bills of no great moment had each of them one reading of which one being the Bill that the Inhabitants being Craftsmen in Kent shall dwell near the Sea-Coasts was read the third time and pass'd the House The new Bill lastly to avoid the usurped power claimed by any Foreigner in this Realm and for the Oath to be taken by spiritual and temporal Officers was read the first time On Tuesday the 11. day of April the Bill to preserve the Spawn and Fry of Fish And the Bill to continue the Act made for sowing of Hemp and Flax were each of them read the second time and Ordered to be ingrossed On Wednesday the 12. day of April the Bill to avoid all Foreign Power used by any Foreign Potentate in the Realm and for the Oath to be taken was upon the second reading Ordered to be ingrossed Two Bills lastly had each of them one reading of which the last being the Bill for punishment of such persons as misuse Linnen-Cloth with Chalk was read the third time and passed the House On Thursday the 13. day of April the Bill for restoring the spiritual Jurisdiction to the Imperial Crown of the Realm and abolishing Foreign Power was read the third time and upon the question pass'd the House The Bill to revive the Act for punishment of Rebellions was read the first time and the Bill for entring the goods of Merchants and unlading and for Customs of Sweet Wines was read the second time Robert Whitney one of the Knights for Hereford was Licensed to go home because his Wife was lately departed On Friday the 14 th day of April four Bills were sent up to the Lords by M r Vice-Chamberlain of which one was the Bill for punishment of such persons as misuse Linnen-Cloth with Chalk and another for the abolishing of Foreign Power The Bill for searching and sealing of Woollen-Cloths The Bill for making of Frizes in Cardigan Carmarthen and Pembroke And the Bill to explain the Statute made against Ingrossers of Dead Victuals were each of them read the first time On Saturday the 15 th day of April the new Bill for the Assurance of Lands parcel of the Bishoprick of Worcester to Sir Francis Jobson and Walter Blunt was read the first time It was Ordered that the Serjeant shall shew unto the Master of the Rolls that his Servant ..... Thrower shall be here on Monday next to Answer to certain evil words spoken by him against the House opened by M r Skinner and M r Carnefewe Vide plus concerning this business on Monday the 17 th day of this instant April ensuing Seven Bills of no great moment had each of them one reading of which one being the Bill that Hexham and Hexhamshire shall be of the County of Northumberland and another for Confirmation of Leases Grants of Offices and Copyholds by Nicholas Ridley late Bishop of London and a third to avoid the often buying and selling of Horses and Mares had each of them their third reading and passed the House On Monday the 17 th day of April the Bill touching Knights and Burgesses for Attendance in the Parliament was read the first time The Bill to revive the Act for destruction of Choughs and
Crows And the Bill to revive the Act against Rebellions were each of them read the second time and thereupon Ordered to be ingrossed The Bill that the Queens Majesty shall have divers temporal Lands of the Archbishops and Bishops in recompence of Tenths and Parsonages Impropriate was read the third time and passed upon the Question and Division of the House viz. With the Bill a hundred thirty four and against the Bill ninety The Bill for Restitution in Blood of Henry Howard Jane Howard and Katherine Wife to the Lord Barkley was brought from the Lords by Doctor Lewes and others M r Carnefewe declared to the House that ..... Thrower Servant to the Master of the Rolls did say against the State of the House that if a Bill were brought in for Womens Wyers in their Pastes they would dispute it and go to the Question and that he heard the Lords say as much at his Masters Table and that these words were spoken on Wednesday last before Easter at Lincolns-Inn Whereupon the said Thrower being brought to the Bar by the Serjeant denied these words to be spoken by him and Carnefewe affirmed them whereupon Thrower was Committed to the Serjeants keeping Vide concerning this matter on Saturday the 15 th day of this instant April foregoing On Tuesday the 18. day of April the Bill for taking and having of Apprentices and Journey-men was read the first time and as it should seem committed to M r Arnold to consider of The Bill for making of Frizes in length and breadth in Wales was read the second time and Ordered to be ingrossed Two Bills had each of them one reading Of which one being the Bill for the Unity of the Service of the Church and Ministration of the Sacraments was read the first time John Griffith Esq Knight for Flintshire in Wales hath License to go home for the delivery of Records at the next County On Wednesday the 19. day of April the Bill for Lading in long Bottoms and for Uniformity of Common-Prayer and Service in the Church were read the second time and Ordered to be ingrossed On Thursday the 20. day of April the Bill for the Restitution in Blood of Henry Howard younger Son to the late Earl of Surrey Lady Jane Howard Lady Katherine Howard Wife to Sir Henry Lord Barkley and Lady Margaret Howard was read the first time And the Bill to revive the Act for killing of Rooks and Crows was read the third time and passed Two Bills had each of them one reading of which the latter being the Bill for the Unity of Service in the Church and Administration of the Sacraments was read the third time and passed the House The Bill lastly for the Watermen of the Thames to have Harque-Buts Shots c. was read the second time and as it should seem was committed to M r Cambden and others not named On Friday the 21. day of April the Bill to carry Corn out of the Realm The Bill that Timber shall not be made for Cole to make Iron The Bill that Hides of four years old shall be made for sole Leather And a Bill for the good Order of Servants of Husbandry and Artificers and their Wages were each of them read the first time On Saturday the 22. day of April for that this day M r Speaker with most of the House were all the Forenoon to hear the Arraignment in Westminster-Hall of the Lord Wentworth for the loss of Calis they sate not till the Afternoon at which time the Bill that Tanners shall convert Hides of Beasts of four years old and a half into soal Leather was read the second time April the 23. Sunday On Monday the 24. day of April the Bill for Restitution in Blood of Henry Howard c. was read the second time but no mention is made that it was either Ordered to be ingrossed or referred to Committees because it had been formerly sent from the Lords Three Bills had each of them one reading of which the first being the Bill for the dissolution of Houses of Monasteries Abbies Priories c. erected since the Death of King Edward the VI. was read the first time The Bill lastly for preservation of Spawn and Fry of Fish was read the third time and passed the House And the Bill to take Goods and Merchandize was read also the third time and passed the House upon the Division thereof viz. with the Bill eighty four and against the Bill sixty six Robert ap Hugh Knight of Carnarvonshire had Licence to be absent for his great business at the Assizes at Denbigh on Monday next On Tuesday the 25 th day of April the Bill against burning of Timber into Cole to make Iron in certain places was read the second time Nine Bills were sent up to the Lords by Sir Anthony Coke and others of which one was the Bill for the preservation of Spawn of Fish c. And another was for the Uniformity of Common Prayer for Service in the Church and Administration of the Sacraments The Bill for Wages of Servants and Labourers And the Bill for Dissolution of certain Abbies Priories Hospitals c. were each of them read the second time The Bill for the Restitution in Blood of the Lord Dacres of the South was sent from the Lords by M r Read and others Two Bills lastly of no great moment had each of them one reading being the third and passed the House Of which one was the Bill to revive an Act against unlawful Assemblies and the other for punishment of Sorcery and Witchcraft and Buggery to be Felony On Wednesday the 26 th day of April Two Bills of no great moment had each of them one reading Of which the first being the Bill for Restitution in Blood of the Lord Dacres of the South was read the first time Two Bills of no great moment had each of them one reading of which the first being the Bill for making searching and sealing of Woollen Cloths was read the second time and thereupon Ordered to be ingrossed The Bill restoring to the Crown the Antient Jurisdiction over the State Ecclesiastical and Spiritual and abolishing of Foreign Power repugnant to the same with a Proviso added thereunto by the Lords was sent down from their Lordships by Serjeant Weston and the Queens Attorney which being omitted in the Original Journal-Book of the House of Commons is therefore supplied out of that of the Upper House On Thursday the 27 th day of April the Bill for searching and sealing of Woollen-Cloths was read the third time and passed the House and was sent up unto the Lords by M r Secretary The Bill for Answering of Customs and laying Goods and Merchandizes on Land was read the third time and passed the House and was sent up to the Lords by M r Secretary with the Bill of Supremacy reformed concerning which Bill of Supremacy Vide on Tuesday the 21 th day on Wednesday the 22 th day and on Saturday the
25 th day of February last past as also on Saturday the 18 th day Monday the 20 th day on Tuesday the 21 th day and on Wednesday the 22 th day of March preceeding Et vide etiam a Note touching this business in the Original Journal Book of the Upper House on Saturday the 29 th day of April foregoing The Bill for Garbling of Feathers Forsings and Flocks was read the third time and passed the House And lastly the Bill that the Queen by Commission may restore spiritual persons deprived was read the first time On Friday the 28 th day of April the Bill for the Restitution in Blood of the Lord Dacres of the South was read the second time Henry Clifford Gent. Burgess for Bedwyn was Licensed for his Affairs to be absent The Provisoes in the Bill for Suppression of Abbies Priories c. was read the first and second time On Saturday the 29. day of April the Bill for Watermen on the Thames to have Harque-buts c. was read the second time and Ordered to be ingrossed The Bill for Uniting of Abbies Priories Nunneries Hospitals and Chauntries founded since the Reign of Queen Mary to be annexed to the Crown was read the third time and passed the House upon the Question and was sent up to the Lords by M r Vice-Chamberlain The Bill lastly to restore such persons to their Benefices as were unlawfully deprived was read the second time and was thereupon Ordered to be ingrossed April the 30. Sunday On Munday the first day of May the Bill for the Restitution of the Brothers and Sister of the Duke of Norfolks The Bill for the Restitution in Blood of the Lord Dacres of the South The Bill that Timber Trees in divers places shall not be felled for Cole to make Iron And the Bill that the Inhabitants of Dorking Coxall and Dedham Westbarford c. may make Woollen Cloths there were each of them read the third time and passed the House The Bill lastly that Watermen of the Thames shall have and shoot in Harque-buts c. was read and upon the Question and Division of the House dashed by the difference of ten Voices viz. with the Bill fifty two and against the Bill sixty two On Tuesday the second day of May the Bill that the Queen by Commission may restore such spiritual persons as have been unlawfully deprived was read the third time and passed the House and was sent up to the Lords by M r Sadler and others with the four other Bills which last passed The Bill lastly for the continuance of divers Acts was brought from the Lords On Wednesday the third day of May three Bills of no great moment had each of them one reading of which the second being the Bill for carriage of Corn over Sea when Wheat is 10 s Barley 3 s 8 d Beans and Rye at 6 s and Oats at 3 s 4 d the Quarter was read the third time and passed the House On Friday the 5 th day of May the Bill for continuance of certain Acts was read the third time and passed the House and was sent up to the Lords by Mr. Secretary On Saturday the 6 th day of May the Bill touching Abbies c. was brought from the Lords to be reformed with three Provisoes of their Lordships And the Bill for preservation of Fry of Fish was likewise brought down from the Lords to be amended May the 7 th Sunday On Monday the 8 th of May the Provisoes in the Bill for preservation of the Fry and Spawn of Fish were read the second and third time and passed the House In the Afternoon the Queens Majesty sitting in her Royal Seat the Lords and Commons attending M r Speaker made a Learned Oration Exhibiting the Bill for the Subsidy and the Bill of Tonnage and Poundage and required the Queens Assent might be given to such Bills as had passed both the Houses which Oration being praised and Answered by the Lord Keeper of the Great Seal the Royal Assent was given to forty two Acts and by the Queens Pleasure this Parliament was Dissolved § Henry the VI. 6 Martii An. 31. called a Parliament at Reading 8 Martii Thorpe was Chosen Speaker from thence the Parliament was Adjourned to Westminster till 25. Apr. where it continued till 2. July and then Prorogued till 12. Nov. to Reading again Adjourned till 12. February after till 14. at Westm. During these Adjournments and Prorogations Richard Duke of York having got the Ascendant of the King prepared Habiliments of War at the Palace of the Bishop of Durham Thorpe being Speaker by Command of the King took the Arms whereupon in Michaelmas Term the Duke brought his Action of Trespass in the Exchequer against Thorpe and upon Tryal that Term recovered a thousand pound Damages and ten pound for Costs of Suit and thereupon Thorpe was Committed to the Prison of the Fleet in Execution After all this the Parliament met 14. Feb. and the Duke of York having got a Commission to hold and dissolve the Parliament laboured to keep Thorpe in Prison whom he mortally hated as being faithful to King Henry and having gained his point in the Lords House afterwards the Commons gave up their Speaker which was no sooner done and another Chosen but the Duke by the Assent of the Lords and Commons and after Confirmed by Commission from the King was made Protector of the Realm Thorpe having paid the Debt fled to the Kings Party and after was taken at Nottingham Field from thence sent to Newgate then to the Marshalsey and at last Beheaded at Haryingay Park in Middlesex THE JOURNAL OF THE House of LORDS A Journal of the Passages of the House of Lords in the Session of Parliament bolden at Westminster An. 5 Regin Eliz. An. D. 1562. which began there after one Prorogation of the same on Tuesday the 12 th of January and then and there continued until the Prorogation thereof upon Saturday the 10 th day of April An. D. 1563. THIS Session in An. 5 Regin Eliz. making but one and the same Parliament with that Session next ensuing in an 8 Reginae ejusdem is replenished with some extraordinary matter besides the accustomed and usual passages of reading committing and expediting of Bills For not only the pompous and solemn manner of her Majestics repairing to the Lords House is set down but the several Speeches also of that Eloquent Orator and wise Statist Sir Nicholas Bacon Lord Keeper are supplied at large together with such Interlocutory Speeches as passed in the House of Peers from Thomas Williams Esq the Speaker or Prolocutor of the House of Commons which said several Speeches being not found in the Original Journal-Book of either House are therefore supplied out of several written Copies or Anonymous Memorials of them I had by me especially the latter passages and Speeches both when the Speaker was presented on Friday the 15 th day of January and when this Session of Parliament
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
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
Queens Majesty and this Parliament in your Opinion by building a Fort named the fear of God might take Order and live surely in time to come And in the fourth part made four Petitions the first for free access to her Person and Upper House the second for well taking your meaning and the third and fourth for free Liberty of Speech and Persons Now for the Answering of them her Majesty hath Commanded me to say That for the first part she commendeth much those Godly Virtues that you opened to be in her and also those beautiful budding benefits which you declared to come from her and doubteth not the rather by this your remembring of them but they shall be on her part hereafter performed for which she thanketh you thinking all things well bestowed when they are well remembred In the second part you declare certain Monsters which trouble this Region and would be redressed the Remedy whereof you declared in your third part wherein she desireth you to travel for the bringing of it to pass And for the fourth part being your Petitions which be also four for the first being for free access to her Person she granteth it not doubting of your discretion to use it as rath as may be not out of time nor yet without they be matters of great importance For the second that if you mistake their meanings that they may notwithstanding redress the same without prejudice to them this also she granteth although unneedful for that she trusteth you will not offend therein And for the third to have free Speech she granteth also so that it be reverently used And to the last point for them and theirs to be free without disturbance she is pleased therewith howbeit great regard would be therein had not thereby to avoid or delay their Creditors but to be well used according to the meaning of the first grant thereof Now a word or two more I would advise you to make your Laws as few and as plain as may be for many be burthenous and doubtful to understand and so accordingly to make them as brief as the matter will suffer and thirdly that you proceed to the great and weighty matters first and then to others of smaller importance and that so speedily as can be whereby this Assembly may be again at their Liberties and so end Then the Speaker and nether House did their Reverence and departed and the Queen returned into her Privy-Chamber and shifted her and the Lords likewise and then she repaired to her Barge and so to Whitehall unto which place the Sword was born the Officers of Arms waited to and fro On Monday the 18 th day of January three Bills of no great moment had each of them one reading of which the last being the Bill for the punishment of Clipping and washing of the Queens Majesties Coin and other Moneys Currant within the Realm was read the first time Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in diem crastinum hora Nona On Tuesday the 19 th day of January four Bills had each of them one reading of which the first being for the good Order and Government of the Garrison of Barwick was read secunda vice commissa ad ingrossand and the second being the Bill for punishment of Clipping and washing of the Queens Majesties Coin was read tertia vice commissa Archiepiscopo Ebor. Duci Norfolciae Marchion Northampton Episcopo Hereford Domino Wentworth Domino Willoughby Domino Hastings de Loughborough On Wednesday the 20 th day of January the Bill touching the Government of the Garrison of Barwick was read tertia vice conclns and sent to the House of Commons by Serjeant Carus and the Queens Attorney On Thursday the 21 th day of January two Bills had each of them one reading of which one was the Bill to repeal a Branch of a Statute made Anno primo Edwardi 6 ti touching the Conveying of Horses out of the Realm and being read tertia vice was concluded and sent down to the House of Commons On Saturday the 23 th day of January 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 Martis prox hora nona On Tuesday the 26 th day of January the Bill for fulling and thicking of Caps was read prima vice commissa to the Earl of Shrewsbury the Earl of Rutland the Earl of Bedford the Bishop of Winchester the Bishop of Exeter the Lord Wentworth the Lord Willoughby and the Lord Shandois And the Bill also against forging of Evidences and Writings was upon the first reading Committed to the Archbishop of York the Duke of Norfolk the Marquess of Northampton the Earl of Rutland the Earl of Huntington the Bishop of London the Bishop of Durham the Bishop of Winchester the Lord Clinton the Lord Wentworth the Lord Rich the Lord Willoughby the Lord Hastings of Loughborough the Lord Chief Justice of the Kings Bench the Lord Chief Baron of the Exchequer and the Queens Sollicitor Nota That this last mentioned Bill touching the forging of Evidences 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 Sollicitor being but a meer Attendant upon the same jointly with the Lords the only proper and undoubted Members of that great Council which is to be observed because of latter days neither the said Assistants nor Attendants are ever appointed joint Committees with the Lords as here but only Commanded by the House to attend upon the Committee and thereby to give such advice as shall be required of 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 The Bill lastly for Repeal of a Statute made an 1 Ed. 6. touching conveying of Horses out of the Realm was concluded and sent down to the House of Commons Here the House was doubtless continued until Thursday next the 28 th day of this Instant January because this being Hillary Term the ensuing Wednesday being the 27 th day of the same Month was Star-Chamber day on which the House seldom sits and this may be observed very usual not only in this Journal but in the Original Journal-Books of the Upper-House of all her Majesties time in whose Reign the Star-Chamber-Days were first certainly appointed to be on Wednesdays and Fridays True it is that in former times when Star-Chamber-Days were uncertain then it is hard to guess when the House sat not by reason of them
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
be not very usual yet there want not Presidents of the same nature as I was assured by Henry Elsing Esq at this time Clerk of the Upper House upon Friday the 16 th day of April 1630. and that especially in former times as of King Edward the third and others the Lord Keepers place was during his absence for the most part supplied by vertue of the Kings verbal Command and seldom by Commission October the 6 th Sunday On Monday the 7 th day of October An Act to make void fraudulent Gifts Bargains and Alienations made for the deceiving of Creditors was read primâ vice and committed to Justice Dyer Quod nota The Lord Treasurer continued the Parliament until the next day at nine of the Clock On Tuesday the 8 th day of October the Bill that no man killing any person by misfortune at twelve score or longer mark shall therefore forfeit his Lands Tenements or Goods was read primâ vice Dominus Thesaurarius continuavit praesens Parliament usque in diem Jovis prox horâ nonâ On Thursday the 10 th day of October Three Bills of no great moment had each of them one reading of which the last being the Bill that no man killing any person at twelvescore prick or longer mark shall forfeit his Goods or Chattels in which Bill for that it toucheth the Queens Prerogative it was thought not convenient to proceed further without her Highness pleasure first known in the same Dominus Thesaurarius continuavit praesens Parliamentum usque in diem Sabbati prox hora nona and so every sitting day until Friday the 25 th day of October exclusivè the Parliament was continued in this Form by the Lord Treasurer except Monday the 21 th day and Tuesday the 22 th day of October on both which days the House did sit and Bills were read but in the Original Journal-Book is no mention of continuing the Court by any person which seemeth to have happened by negligence of the Clerk and after the said 25 th day of October on which Sir Robert Catlin Knight Lord Chief Justice of the Kings Bench was appointed by her Majesties Commission to supply the place of the Lord Keeper during his Sickness it was continued until Saturday the 9 th day of November ensuing when Sir Nicholas Bacon Lord Keeper of the Great Seal repaired again to the Upper House and there continued his place till the Dissolution of this present Session of Parliament On Saturday the 12 th day of October Two Bills of no great moment had each of them one reading of which the first being the Bill against fraudulent Gifts of Goods and Chattels and also a remedy for Creditors against Bankrupts was Committed to the Lord Chief Justice Dyer and Justice Southcote to be by them considered against the next meeting Quod nota October the 13 th Sunday On Monday the 14 th day of October to which day the Parliament had been last continued by the Lord Treasurer Two Bills had each of them one reading of which the first being the Bill for the taking away of Clergy from Pick-Purses and Cut-Purses was read secundâ vice commissa ad ingrossand On Tuesday the 15 th day of October to which day the Parliament had been last continued by the Lord Treasurer Three Bills had each of them one reading of which the two first the one being the Bill to take away the benefit of the Clergy from certain Offenders for some Felonies for which by the Common Law they could not be denied it was read tertiâ vice communi omnium Procerum assensu conclusa And the other being a Bill for the Confirmation of Fines and Recoveries notwithstanding the fault of the Original Writ majore Procerum numero assentientium conclusa est And the said two Bills so concluded were committed unto the Queens Attorney and M r Martin to be carried down to the House of Commons On Wednesday the 16. day of October the Lords did meet in the Parliament Chamber and nothing done but the Parliament continued by the Lord Treasurer in usual Form until Thursday the 17. day of October On Thursday the 17. day of October Three Bills of no great moment had each of them one reading of which the first being the Bill to Naturalize John Stafford born beyond the Seas was primâ vice lect and the third being against fraudulent Gifts of Goods and Chattels and also a remedy against Bankrupts was by the consent of all the Lords concluded On Saturday the 19. day of October to which day the Parliament had been last continued on Thursday foregoing by the Lord Treasurer the Bill for the punishment of the negligence and false return of Writs by under-Sheriffs and Bayliffs was by common consent of the Lords concluded and with two other Bills before concluded was sent to the House of Commons by Serjeant Carus and the Attorney General On Monday the 21. day of October the Bill for annexing of Hexhamshire to the County of Northumberland was read primâ vice Two Bills were brought up to the Lords from the House of Commons viz. One to take the benefit of Clergy from certain Offendors returned exped And another to repeal a branch of a Statute made Anno 23 Hen. 8. touching prices of Barrells and Kilderkins On Tuesday the 22. 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 annexing of Hexhamshire to the County of Northumberland was read secundâ vice and committed to the Archbishop of York the Earl of Northumberland the Earls of Westmoreland and Bedford the Bishop of Durham the Bishop of Carlisle the Lord Evers the Lord Rich and the Lord North and to Justice Welsh and Serjeant Carus Nota That here a Judge being but an Assistant and a Serjeant being but an Attendant upon the Upper House are made Joint-Committees with the Lords Ut vide plus on Thursday the third day of this instant October foregoing Nota also That an Extraordinary Proxy is Entered in the beginning of the Original Journal-Book of the Upper House to have been introduced this day being as followeth viz. 22 die Octobris introductae sunt literae Procuratoriae Cuthberti Domini Ogle in quibus Procuratores constituit Franciscum Comitem Bedford Johannem Dominum Lumley This I call an Extraordinary Proxy in respect that a Temporal Lord did Constitute two Proctors whereas usually they nominate but one and the Spiritual Lords for the most part two and this Proxy of the Lord Ogle's may the rather seem unusual in respect that of sixteen Temporal Lords who were absent by her Majesties Licence from this Session of Parliament there was but one more viz. Francis Earl of Bedford ut vide on Saturday the 9. day of November following who Constituted above one Proxy It is also worth the noting that Robert Earl of Leicester being at this time a Favorite was
Constituted the sole and joint Proxy of eight several Temporal Lords who with six others as is aforesaid were absent this Session of Parliament from which as also from other Presidents of former and later times it may easily be gathered that any Member of the Upper House by the antient usage and custom of the same is capable of as many Proxies as shall be directed unto him although there was an Order made in the said House to the contrary A. D. 1626. That no Lord or Member whatsoever of the Upper House should for the time to come be capable of above two Proxies at the most which said Order was occasioned in respect that George Duke of Buckingham Favorite of the King Deceased and of King Charles being guilty of many Crimes did to strengthen himself by Voices not only procure divers persons to be made Members of that House but also engrossed to himself near upon twenty several Proxies Vide one other Extraordinary Proxy on Saturday the 9 th day of November and another on Sunday December the first following This Forenoon also these twenty Lords under written were appointed to repair in the Afternoon to the Queens Majesty viz. The Archbishop of York The Earl of Northumberland The Earl of Westmoreland The Earl of Shrewsbury The Earl of Worcester The Earl of Sussex The Earl of Huntingdon The Earl of Warwick Viscount Bindon Viscount Mountague The Bishop of London The Bishop of Durham The Bishop of Winchester The Lord Cobham The Lord Rich. The Lord Wentworth The Lord Pagett The Lord Sheffeild The Lord Hastings of Loughborough The Lord Hunsdon The business about which these Lords repaired to the Queen is not in the Original Journal-Book it self of the Upper House but it may be guested it was concerning those two great businesses of the Queens Marriage and the Declaration of the next Heir and Successor after the Queens Decease to the Crown which business bred so much distast afterwards between her Majesty and her Subjects in this Session so that as afterwards the Lords did Petition the Queen about it so now it should seem these Lords repaired unto her either to desire leave to prefer that Petition and that they might confer with the House of Commons about it or else to know of her Majesty a fitting time when they might repair unto her with their said Petition and so receive Answer unto it But what the Queen replied at this time is hard to be conjectured only it followeth at large that on Tuesday the 5 th day of November the Members of both Houses for that end appointed repaired to her Majesty in the Afternoon but whether they then offered up their Petitions unto her Majesty or whether the House of Commons did at this Session of Parliament prefer any Petition at all concerning those two great matters aforesaid is hard to be determined No mention is made in the Original Journal-Book of continuing the Parliament which seemeth to have happened by the Clerks negligence On Wednesday the 23 th day of October the Bill to repeal a branch of a Statute made Anno 23 Hen. 8. touching the prices of Barrels and Kilderkins was read primâ vice An Act declaring the manner of making and Consecrating of the Archbishops and Bishops of the Realm to be good lawful and perfect was brought from the House of Commons Dominus Thesaurarius continuavit praesens Parliamentum usque in diem Jovis prox On Thursday the 24 th day of October the Archbishop of York the Lord Treasurer the Duke of Norfolk and divers other Lords both Spiritual and Temporal did Assemble in the Parliament-Chamber where nothing was done but only the continuance of the Parliament until Friday next at ten of the Clock On Friday the 25 th day of October the Lord Treasurer signified to all the Lords that the Queens Highness considering the decay of his Memory and Hearing being Griefs accompanying Hoary Hairs and Old Age and understanding the Lord Keepers slow amendment intended to supply both their said defects by Sir Robert Catlin Knight Chief Justice of the Kings Bench and shewed forth her Majesties Commission under the Great Seal of England which the Clerk by Commandment openly read in haec verba ELizabeth by the Grace of God Queen of England France and Ireland Defender of the Faith c. To our Trusty and well Beloved Sir Robert Catlin Knight Chief Justice of the Pleas to be holden before us Greeting Where our right trusty and well-beloved Councellor Sir Nicholas Bacon Knight Lord Keeper of our Great Seal of England is at this present sore visited with sickness that he is not able to travel to the Upper House of this our present Parliament holden at Westminster nor there to supply the room and place in the said Upper House amongst the Lords Spiritual and Temporal there Assembled as to the Office of the Lord Chancellor or Lord Keeper of the Great Seal of England hath been accustomed We minding the same place and room to be supplied in all things as appertaineth have named and appointed you from day to day and time to time hereafter during our pleasure to use and occupy the place and room of the said Lord Keeper in our said Upper House of Parliament amongst the said Lords Spiritual and Temporal there Assembled and there to do and execute in all things from day to day and time to time as the said Lord Keeper of the Great Seal of England should and might do if he were there present using and supplying the same place Wherefore we will and Command you the said Sir Robert Catlin to attend unto and about the Executing of the premisses with effect And these our Letters Patents shall be your sufficient Warrant and discharge for the same in every behalf In Witness whereof we have caused these our Letters to be made Patents Witness our Self at Westminster the 25 th day of October in the Eighth Year of Our Reign Martin The Bill to repeal a branch of a Statute made in the 23 th Year of Henry 8. touching prices of Barrels and Kilderkins was read tertiâ vice and by common consent of all the Lords concluded Dominus Capitalis Justiciarius continuavit praesens Parliamentum usque in diem Sabbati proximum On Saturday the 26 th day of October the Bill declaring the manner of making and Consecrating of the Archbishops and Bishops of this Realm to be good lawful and perfect was read primâ vice Memorandum The Lords after deliberate Consultation and advice taken how to proceed in the great matters of Succession and Marriage before moved by the House of Commons did this present day send Serjeant Carus and M r Attorney down unto them to signifie that they would a chosen number should be sent up unto them for their knowledge to be had of the same Vide concerning this business on Wednesday the 30 th day of October now next ensuing as also on Tuesday the 5 th day of November following Dominus
Capitalis Justiciarius continuavit praesens Parliamentum usque in diem Lunae prox October the 27 th Sunday On Monday the 28. day of October Sir Robert Catlyn Knight Lord Chief Justice of the Kings Bench supplying the place of the Lord Keeper at this time sick of the Gout as is before-mentioned with divers other Lords Spiritual and Temporal met in the Upper House but nothing appeareth to have been done in the Original Journal of the same House only the continuance of the Parliament unto Wednesday next following On Wednesday the 30. day of October Two Bills of no great moment had each of them one reading of which the second being the Bill declaring the manner of making and Consecrating of Archbishops and Bishops of this Realm to be good lawful and perfect was read secundâ vice The Lords whose names are here next after written were appointed to have Conference with a setled number of the House of Commons touching Petition to be made to the Queens Highness as well for the Succession as for her Marriage viz. The Archbishop of York The Lord Treasurer The Duke of Norfolk The Marquess of Northampton The Earl of Northumberland The Earl of Westmorland The Earl of Shrewsbury The Earl of Worcester The Earl of Sussex The Earl of Huntingdon The Earl of Warwick The Earl of Bedford The Earl of Pembroke The Earl of Leicester Viscount Mountague Viscount Bindon The Bishop of London The Bishop of Durham The Bishop of Winchester The Bishop of Worcester The Bishop of Lincoln The Bishop of Rochester The Bishop of Coventry and Lichfield The Lord Admiral The Lord Chamberlain The Lord Morley The Lord Cobham The Lord Grey The Lord Wentworth The Lord Windsor The Lord Rich. The Lord Sheffeild The Lord Paget The Lord North. The Lord Haistings of Loughborough The Lord Hunsdon It should seem that the Lords had intended at first to have appointed but thirty of themselves to have joined with the House of Commons about the foresaid Treaty or Conference to be had between them touching the said great matters of Succession and Marriage however it fell out afterwards as appeareth by the names above set down that they appointed more for it appeareth plainly by the Original Journal-Book of the House of Commons although there be no mention at all of it in that of the Upper House that the Lords did this day send down word unto the House of Commons by M r Serjeant Carus and M r Attorney that they had Chosen thirty of themselves to consult and confer with a Select Committee of the said House touching the foresaid great business touching which see more on Tuesday the 5 th day of November following Dominus Capitalis Justiciarius continuavit praesens Parliamentum usque in diem Jovis prox On Thursday the 31 th day of October the Bill for declaring the manner of making and Consecrating of the Archbishops and Bishops of this Realm to be good lawful and perfect Commissa est to the Chief Justice of the Common-Pleas Justice Southcote and Attorney General The Bill for annexing of Hexamshire to the County of Northumberland was read secundâ vice The House of Commons appointed Sir Edward Rogers Knight Comptroller of her Highness Houshold Sir Francis Knolles her Majesties Vice-Chamberlian Sir William Cecill her Highness Chief Secretary Sir Ambrose Cave Knight Chancellor of her Dutchy of Lancaster Sir William Peeter Sir Ralph Sadler Sir Walter Mildmay Knights all of her Highness Privy-Council and divers other Members of the House of Commons to have Conference with the Lords aforenamed whose names see on yesterday foregoing touching those two great matters of the Succession and Marriage to be dealt in by Petition to her Majesty As see more at large upon to Morrow ensuing in the Afternoon Dominus Capitalis Justiciarius continuavit praesens Parliamentum usque in diem Martis 5 die Novembris prox On Tuesday the 5 th day of November the Bill for the annexing of Hexamshire unto the County of Northumberland and the Ecclesiastical Jurisdiction of the same unto the See of the Bishoprick of Durham was read tertiâ vice communi omnium Procerum assensu conclusa The Nobles under-named were appointed to wait on the Queens Highness this Afternoon with thirty of the House of Commons by her Highness special Commandment The Archbishop of York The Lord Treasurer The Duke of Norsolk The Marquess of Northampton The Earl of Northumberland The Earl of Westmerland The Earl of Shrewsbury The Earl of Worcester The Earl of Huntingdon The Earl of Sussex The Earl of Warwick The Earl of Bedford The Earl of Pembroke The Earl of Leicester Viscount Mountague Viscount Bindon The Bishop of London The Bishop of Duresm The Lord Clinton Lord Admiral The Lord Howard of Effingham Lord Chamberlain The Lord Morley The Lord Lumley The Lord Rich. The Lord Sheffeild The Lord Paget The Lord North. The Lord Haistings of Loughborough and The Lord Hunsdon Dominus Capitalis Justiciarius continuavit praesens Parliament usque in diem Crastinum hora consueta But there is no mention at all in the Original Journal-Book of the Upper House to what end or purpose the Lords above-mentioned with those thirty Members of the House of Commons repaired to her Majesty which doubtless fell out by the great negligence in a matter of so great weight of Francis Spilman Esq Clerk of the Upper House and therefore I have thought fitting and necessary to supply it at large partly out of the Original Journal-Book of the House of Commons and partly out of other several Manuscript Memorials I had by me all which in their proper place I have particularly vouched It is therefore in the first place to be noted as fit matter of preparation to that which follows that these two great matters touching her Majesties Marriage and the Declaration of a certain Successor were agitated in the House of Commons in the first Session of this present Parliament in An. 5 Regin Eliz. and thereupon the greatest part of the said House with Thomas Williams their Speaker did prefer a Petition to her Majesty upon Thursday the 28 th day of January in the said fifth Year of her Majesties Reign by her Allowance in which having humbly supplicated her Majesty to Marry or in default of Issue of her own Body to declare a certain Successor they received a gracious Answer But now the same Parliament reassembling again to this second Session thereof in the eighth year of the Reign of the Queen and finding nothing to have been acted by her Majesty in either kind but that she remained still a Virgin without all likelyhood of Marriage and that the Succession of the Crown depended upon great uncertainties some holding the Queen of Scots to have best Right others the Countess of Lenox being the Daughter of Margaret of England by Archibald Douglass Earl of Anguisse her Second Husband and others also argued very strongly for Catherine Countess of Hartford being the Daughter and Coheir of Henry
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
the other a silent thought may serve For I thought it had been so desired as none other Tree's blossom should have been minded or ever any hope of any Fruit had been denied you And yet by the way if any here doubt that I am by Vow or determination bent never to trade in that kind of Life put out that kind of Heresy for your belief is there in a wry For though I can think it best for a private Woman yet I do strive with my self to think it not meet for a Prince and if I can bend my liking to your need I will not resist such a mind But to the last think not that you had needed this desire if I had seen a time so fit and it so ripe to be denounced The greatness of the cause therefore and need of your returns doth make me say that which I think the wise may easily guess that as a short time for so long continuance ought not to pass by roat as many tell their Tales even so as cause by Conference with the Learned shall show me matter worth the utterance for your behoof so shall I more gladly persue your good after my dayes than with all my Prayers whilst I live be means to linger my living thread And thus much more than I thought will I add for your Comfort I have good Record in this place that other means than you mention have been thought of perchance for your good as much as for my surety no less which if presently and conveniently could have been Executed it had not been now deferred or over-slipped But I hope I shall die in quiet with Nunc dimittis which cannot be without I see some glimpse of your following surety after my graved bones Nota That neither the foregoing Petition nor this latter Answer of her Majesty are found in the Original Journal-Book of the Upper-House but now the residue of the passages of the said Journal do for the most part follow out of the same On Wednesday the 6 th day of November the Bill for declaring of the manner of making and Consecrating of the Archbishops and Bishops of this Realm to be good lawful and perfect was read tertiâ vice quae cum quadam provisione annex in loco alterius provisionis adempt absciss disannex communi Procerum assensu conclusa est dissentientibus Comite Northumberland Comite Westmoreland Comite Worcester Comite Sussex Vice-Comite Mountague Domino Morley Domino Dudley Domino Dacre Domino Mounteagle Domino Cromwell Domino Mordant postea cum Billâ for the annexing of Hexhamshire unto the County of Northumberland and the Ecclesiastical Jurisdiction of the same unto the See or Bishoprick of Duresm deliberata fuit Magistro Vaugham Doctori Yale in Domum Communem deferend Dominus Capitalis Justiciarius continuavit praesens Parliamentum usque in diem Jovis prox On Thursday the 7 th day of November Three Bills of no great moment had each of them one reading of which the first being the Bill for Confirmation of Leases to be made by Morris Ridney and Joan his Wife was read primâ vice Dominus Capitalis Justiciarius continuavit praesens Parliamentum usque in diem Sabbathi prox ix Novembris On Saturday the 9 th day of November the Bill for the graving of Alneagers Seals to be within the Tower of London was read secundâ vice commissa est Domino Marchioni Winton Thesaurar Angliae Domino Capitali Baroni ad supervidend considerand amendand Nota That here the Lord Chief Baron being but an Assistant of the Upper House and no Member thereof is made a joint-Committee with the Lord Marquess of Winchester of which see more on Thursday the third day of October fore-going The Bill also to restrain the Carriage of Woolls of the growth of Pembroke Carmarthen and Cardiganshires out of the Counties where they grew was read secundâ vice commissa ad ingrossand And the Bill lastly for the repealing of a branch of a Statute made An. 32 H. 8. for the Stature of Horses was read secundâ vice commissa Episcopo Elien Domino Clinton Admiral Domino Willoughby DominoSheffeild Domino North Domino S t John de Bletsoe Servienti Carus Nota That a Serjeant being but an Attendant upon the Upper House and no Member thereof is made a joint-Committee with the Lords Vide touching this matter on Thursday the 3 d day of October foregoing Then the Clerk read openly the Commission following ELizabeth by the Grace of God Queen of England France and Ireland Defender of the Faith c. To our Trusty and well Beloved Councellor Sir Nicholas Bacon K t Lord Keeper of our Great Seal of England and to our Right Trusty and right well Beloved Sir Robert Catlin Knight Chief Justice of the Pleas before us to be holden Greeting Whereas We upon consideration that you the said Lord Keeper of our Great Seal were lately sore visited with Sickness that you were 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 your Office appertaineth did therefore by our Letters Patents of Commission bearing date the 25 th day of October in this present eighth Year of our Reign nominate appoint and authorize you the said Sir Robert Catlin from day to day and time to time from thenceforth during our pleasure to use and occupy the place and room of the said Lord Keeper in our said Upper House of Parliament amongst the said Lords Spiritual and Temporal there Assembled and there to do and execute in all things from day to day and time to time as the said Lord Keeper of our Great Seal should or might do if he were there present using and supplying the same place as in our said Letters Patents it doth and may at large appear And forasmuch as we understand that you the said Lord Keeper of our Great Seal are at this present in such state of health as ye are well able to travel to the said Upper House of our Parliament and there to supply the said room and place your self as heretofore ye have done We do therefore by these presents fully and absolutely determine our pleasure touching any further Execution by you the said Sir Robert Catlin of the said Commission before-mentioned And therefore we do signifie to you the said Sir Robert Catlin that our pleasure is that ye do from the date of these presents surcease from the Execution of the said Commission and every part thereof And we do also by these presents Command and authorize you the said Lord Keeper of our Great Seal from henceforth and from time to time hereafter to resort to your accustomed room and place in our said Higher House of Parliament and there to do and Execute from time to time all things that appertaineth to your office
there to do in such manner and form as though no such Commission had been directed and made any clause Sentence or matter in our said Letters Patents of commission or any other thing to the contrary in any wise notwithstanding and these presents shall be your Warrant and discharge for the same In Witness whereof we have caused these our Letters to be made Patents Witness our Self at Westminster the 8 th day of November in the Eighth Year of Our Reign There are no other passages of this day set down in the Original Journal-Book of the Upper House after the publick reading of the foregoing Commission by which the Lord Keeper was resetled in his former place in the said House saving the Entrance of the Continuation of the Parliament in manner and form following viz. Dominus Custos magni Sigilli continuavit praesens Parliamentum usque diem Lunae prox xi die Novembris November the 10 th Sunday On Monday the 11 th day of November Three Bills of no great moment had each of them one reading of which the first being the Bill to restrain the Carriage of the Woolls of the growth of Pembroke Carmarthen and Cardigan-shires out of the Counties where they grow was read tertiâ vice communi omnium Procerum assensu conclusa Nota That the daily continuance of the Parliament entred in these words Dominus Custos magni Sigilli continuavit praesens Parliamentum c. being now hereafter performed in the residue of this Journal according to the ordinary use by the Lord Keeper only is for the most part omitted On Tuesday the 12 th day of November the Bill for the Lady Cobham's Jointure was read secundâ vice On Wednesday the 13 th day of November the Bill for the Lady Cobham's Jointure was read tertiâ vice quae communi omnium Procerum consensu conclusa est postea cum Billà to restrain the Carriage of Woolls of the growth of Pembroke c. was delivered to Serjeant Carus and Doctor Huick to be carried to the House of Commons Three Bills were brought up to the Lords from the House of Commons of which the last being the Bill for Confirmation of Letters Patents made for the Hospital of S t Bartholomew in Gloucester was read primâ vice On Thursday the 14 th day of November Three Bills of no great moment had each of them one reading of which the first being the Bill for the avoiding of penal Laws was read primâ vice On Saturday the 16 th day of November to which day the Parliament had been last continued on Thursday foregoing Four Bills of no great moment had each of them one reading of which the third being the Bill for the better Execution of penal Laws was read secundâ vice and committed unto the Bishop of Worcester Viscount Mountague the Bishop of London the Bishop of Winchester the Lord Willoughby the Lord Loughborough the Lord Hunsdon and to the Lord Chief Baron Justice Welch and the Attorney General Two Bills lastly were brought up to the Lords from the House of Commons of which the second being the Bill that in divers Counties there shall be but one Sheriss in one County was read primâ vice On Monday the 18 th day of November to which day the Parliament had been last continued on Saturday foregoing the Bill to avoid excess in Apparel was read primâ vice On Tuesday the 19 th day of November Three Bills of no great moment had each of them one reading of which the first being the Bill to avoid excess in Apparel was read secundà vice and committed unto the Marquess of Northampton the Earl of Sussex the Earl of Huntington the Earl of Leicester Viscount Mountague the Bishop of London the Bishop of Winton the Bishop of Hereford the Bishop of Worcester the Bishop of Lincoln the Lord Lumley the Lord Sheffeild the Lord Pagett the Lord Hunsdon Justice Welch and Justice Southcot And the third being the Bill to enable the Town of Woollmarsh in the County of Surrey to use Cloth-making was read tertiâ vice communi omnium Procerum assensu conclusa On Wednesday the 20 th day of November Three Bills of no great moment had each of them one reading of which the last being the Bill for the avoiding of worngful vexation upon the Writ of Latitat was read secundâ vice commissa ad ingrossand Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in diem Jovis prox horâ nonâ At which time the Lords Spiritual and Temporal did meet and nothing done but the Parliament continued by the Lord Keeper of the Great Seal of England until Saturday the 23 th day of November On Saturday the 23 th day of November Three Bills had each of them one reading of which the second being the Bill for confirmation of Letters Patents made for the Hospital of S t Bartholomew in Gloucester was read tertiâ vice and by common consent of the Lords concluded The Bill also for avoiding of worngful vexation upon the Writ of Latitat was read tertiâ vice which by common consent of the Lords was concluded and by Serjeant Carus and R. R. sent down to the House of Commons On Monday the 25 th day of November to which day the Parliament had been last continued on Saturday foregoing three Bills had each of them one reading of which the second being the Bill for the more expedition of the Administration of Justice in the Counties Palatine of Lancaster and Durham communi omnium Procerum assensu conclusa est On Tuesday the 26 th day of November the Bill for the Assurance of a Jointure to the Lady Mary Wife to Edward Lord Stafford was read tertiâ vice communi omnium Procerum consensa conclusa The said Bill for the Lady Staffords Jointure and the Bill for the more speedy expedition of the Administration of Justice in the Counties Palatine of Lancaster and Durham were delivered to Serjeant Carus and M r Vaughan in Domum Communem deferend On Wednesday the 27 th day of November and likewise on Thursday the 28 th day of the same Month the Lords did meet and nothing done save only the continuance of the Parliament by the Lord Keeper in Ordinary Form unto Monday the second day of December following On Monday the 2 d day of December Two Bills had each of them one reading of which the second being the Bill for the erection of a Free School at Denbigh in Wales was read primâ vice Six Bills were sent up to the Lords from the House of Commons of which the first being the Bill for the repeal of a Statute made Anno 7 Edw. 6. for the prices of Wines sold by retail was read primâ vice And the third being the Bill declaring the manner of making and Consecrating of the Archbishops and Bishops of this Realm to be good lawful and perfect returned cum provisione annex was read primâ secundâ tertiâ vice
3. declares Ad omnem notitiam volumus pervenire quod de assensu Magnatum fidelium nostrorum words comprehensive of a Parliament precedent and future Authorities in the like Case considered acceptabimus ducere in uxorem legitimam Alianoram filiam nobilis viri P. Comitis Provinciae c. he having had once a purpose to Marry the King of Scots younger Sister Proposuit Rex sayes the Historian ducere in uxorem Regis Scotiae Sororem indignantibus Comitibus Baronibus suis universis non enim ut dixerunt decebat quod Rex duceret filiam natu minorem cum Hubertus Justiciarius meaning Hubert de Burgo natu majorem haberet sibi matrimonio copulatam 5. Edward the Second pro solempnitate sponsalium Coronationis Consulted with his Parliament in his first Year 6. And An. 5 E. 3. the Chancellor declaring the reasons of the Assembly of the Parliament amongst others tells them that it was to consult and resolve whether the King should proceed with France for recovery of his Seignories en voie de amiable trete per aliance de mariage ou de guerre 7. In the 23 d Year of H. 6. that great Favourite William de la Pole Marquess of Suffolk then Chancellor by the Kings Command informs the Parliament that the Marriage with Margaret the Sicilian Kings Daughter was Contracted for inducing the Peace made with France against which the Lords as being made without their advice made Protestation and caused it to be entred upon the Parliament Roll but it appears the Commons agreed to it by the Petition which they put up to the King whereby they recommended by the Chancellors Interest his Services and Actions praying his Grace to accept him to his gracious favour and good acceptance and that he was a great instrument of the intended Peace and Marriage which the Commons well liked of though the Lords did not 8. The Lords Spiritual Temporal and Commons tell the King that they had considered how that the pretended Marriage between E. 4. and Elizabetl Gray was made of great presumption without the knowledge and assent of the Lords of this Land 9. And in the Parliament 1 H. 7. the Commons by Thomas Lovell their Speaker did Petition the King to Marry Elizabeth Edward the Fourths Daughter which he at their request back'd by the Lords agreed to do the Memorial of which is thus recorded in the Parliament Roll. Memorand quod decimo die Decembris Anno praesenti Communes Regni Angliae in pleno Parliamento coram Domino Rege comparentes per Thomam Lovell Prolocutorem suum Regiae Celsitudini bumillime supplicabant eandem Celsitudinem assectuose requirentes co considerato quod authoritate Parliamenti stabilitum est inactitatum quod baereditates Regnorum Angliae Franciae cum praeeminentia potestate Regali sint restent remaneant permaneant in persona ejusdem Domini Regis haeredum de corpore suo legitimè exeuntium eadem Regalis sublimitas vellet sibi il lam praeclaram Dominam Elizabetham Regis Edwardi Quarti siliam in Uxorem Conthoralem assumere unde per Dei gratiam sobolium propagatio de stirpe Regum à multis speratarum in totius Regni consolationem consequeretur Quare Domini Spirituales Temporales in eodem Parliamento existentes à sedibus suis surgentes ante Regem in Regali solio residentem stantes capitibus suis inclinatis eandem requestam fecerunt voce divisa quibus idem Rex respondebat ore preprio se juxta eorum desideria requestas procedere fuisse contentum 10. Anno Domini 1530. Anno 21 H. 8. the Parliament sent a Declaration or Letter to the Pope touching the Marriage and Divorce of that King from Queen Katherine telling him that Causa Regiae Majestatis nostra cujusque propria est à Capite in membra derivata dolor ad omnes atque injuria ex aequo pertinet and that if his Holiness did not give his consent nostri nobis curam esse relictam aliunde nobis remedia conquiramus that is in plain English if the Pope would not do it they would which indeed afterwards they did To which Pope Clement the Seventh sent an Answer directed thus Venerabilibus fratribus Archiepiscopis Episcopis ac dilectis filiis Abbatibus Nobilibusque viris Ducibus Marchionibus Comitibus Baronibus Militibus ac Doctoribus Parliamenti Regni Angliae 11. The Marriage of King Philip and Queen Mary it is true was treated on before yet nothing could absolutely be concluded till the whole Treaty and Articles of Marriage were solemnly and solidly debated in Parliament which being agreed to they confirm and establish them by a Law 12. We your Majesties most humble Subjects cannot forbear but with all humbleness most thankfully to set before the same our most lowly thanks for three special matters proceeding from your Majesty to our benefit joy and comfort in this present Assembly First For the more Princely consideration had of us in the forbearing at this time some portion of that which according to the greatness and necessity of your Affairs we of Duty meant and intended to have yielded unto your Majesty Secondly For the most comfortable assurance and promise by your Majesty made and declared unto us that for our Weal and Surety your Majesty would Marry as soon as God should give you opportunity to accomplish the same whereof we have received infinite comfort and shall pray to Almighty God to further and prosper all your Majesties Actions tending thereunto that we your most natural Subjects may speedily see some noble Issue of your Body to continue perpetually by Descent the Succession of this Imperial Crown Thirdly For the great hope and comfort we have conceived by the means of your Majesties most Honourable Speech uttered and declared unto us of your most Gracious and Princely Disposition and determination when time thereunto shall serve conveniently with the Surety of your Majesties Person and the Weal and Tranquillity of your Realm to have due regard to the further establishing of the Succession of your Imperial Crown Quod omnes tangit ab omnibus approbetur THE JOURNAL OF THE House of COMMONS The Journal of the Proceedings of the House of Commons in the Session of Parliament bolden at Westminster An. 8 Reg. Eliz. A. D. 1566. which began there after divers Prorogations of the same on Monday the 30 th of September and then and there continued until the Dissolution thereof on Thursday the 2 d day of Jan. An. 9 Reg. ejusdem THIS Journal of the House of Commons in this present Session of Parliament de An. 8 Regin Eliz. is not only replenished with excellent matter touching the usual Orders and Liberties of the House but also enriched with the unusual Election of a new Speaker and with the extraordinary agitation of those two great businesses touching her Majesties Marriage
at and if offences were then her Majesties Clemency and Mercy the more to be commended Misericordia ejus super omnia opera ejus Besides like as it hath pleased God ten years and more by the Ministry of our said Soveraign to bless this Realm with those two inestimable benefits of Peace and Clemency so there is no cause but the same might by Gods Grace have continued twenty Years longer without intermission had not the Raging Romanist Rebels entertained the matter And here it is to be noted that this Merciful and Peaceful Reign of ten Years and more hath hapned in the time of Christs Religion now established I cannot think that any man can follow me in this in the time of the Romish Religion since the Conquest Nay a man might affirm that this is an Example for times to come without any like in times past comparing Singula singulis what should I say these be the true Fruits of true Religion I could further remember you of the Fruits of Justice the benefit of restoring your Money to Finess yea I could put you in mind but I think it needs not it happened so late of a Subsidy granted whereof the Queens Majesty of her own bountifulness remitted the one half was the like here in England ever seen or heard of But being out of doubt that these benefits already remembred be sufficient of themselves to move you to be thankful to your Power I leave any longer to detain you in this point And albeit a Subject cannot yield any benefit to his Soveraign in the same nature that he receiveth it because every benefit is more than Duty and more than Duty a Subject cannot yield to his Soveraign Yet can it not be denied but a Subjects acknowledging of benefits received joined with good will to yield as far as Liberty will reach doth sufficiently satisfie for the Subject for ultra posse non est esse To your best actions therefore address ye And thus much concerning benefits Now to the second part concerning urging by Necessity true it is that the extraordinary matters of Charge happened since the last Assembly here urging to have by necessity a relief granted amongst many others be these First The great Charge in suppressing the late Northern Rebellion with Charges also in reforming those the Queens Majesties Enemies in Scotland that assisted the Rebels and made Rodes into England The continual growing Expences by reason of Ireland as in subduing the Rebels within that Realm and withstanding the Scots Northward and other Foreign Forces intending Invasion Southward To these three Charges by Land you may add a fourth by Sea as the preparation and setting forth of Ships partly for the defence against all Foreign Forces suspected and intended partly for the safe conducting of the Wares and Merchandizes in greater strength and longer cut than heretofore hath been used These and such like extraordinary Charges whereof there be sundry with the remains of old Charges not possible to be born by the ordinary Revenue and yet of necessity to be expended do greatly exceed any extraordinary aid therefore commonly granted Again the great decay of the Queens Majesties Customs by reason of stay and alteration of Traffick albeit upon just occasion hath bred no small want for although in time it is not to be doubted but that will grow again to his old course and continue with great Surety Yet in the mean time this want must some way be supplied for you know the Horse must be provided for whilst the Grass is in growing At the least let us do so much for our selves as we do for our Horses For our selves it is that are to be relieved in this Case This I must needs say that if the Queens Majesty did use in matters of Expence to do as commonly Princes heretofore have used to do then with the more difficulty might such extraordinary aid be assented unto and yet of necessity to be had to withstand a greater necessity It hath been used in times past that Princes pleasures and delights have been commonly followed in matters of Charge as things of necessity And now because God be praised the relieving of the Realms necessity is become the Princes Pleasure and Delight a noble Conversion God continue it and make us as we ought to be earnestly thankful for it A Princely Example shewed by a Soveraign for Subjects to follow To descend in some particulars What need I to remember unto you how the gorgeous sumptuous superfluous Buildings of time past be for the Realms good by her Majesty in this time turned into necessary Buildings and upholdings The chargeable glittering glorious Triumphs into delectable Pastimes and Shows Embassadors of Charge into such as be void of excess and yet honourable and comely These and such like are dangerous dams able to dry up the flowing Fountains of any Treasure and yet these imperfections have been commonly Princes Peculiars especially young One free from these was accounted Rara avis c. and yet God be thanked a Phoenix a Blessed Bird of this kind God hath blessed us with I think it may be affirmed and that truly that there hath not been any matter of great Charge taken in hand by her Majesty in this happy Reign of twelve Years and more that hath not been thought before convenient to be done for the Weal and profit of the Realm so far her Highness is from spending of Treasure in vain matters and therefore the rather how can a man make any difficulty to contribute according to his Power specially in maintaining of his Sovereign his Country his Self his Wife and Children and what not having so long a proof by experience of such an imployment Here I would put you in mind of extraordinary Charges to come which in reason seems evident but so I should be over tedious unto you and frustra sit per plura quod sieri potest per pauciora And therefore here I make an end doubting that I have tarried you longer than I promised or meant or perchance needed your wisdoms and good inclinations considered But you know things are to be done both in form and matter And my trust is that if I had stayed I may be warranted by either or by both that you will take it in good part Thus far out of the Copy of this foregoing Speech As soon as the Lord Keepers Speech was ended then the Clerk of the Upper House read the names of Receivers and Tryers of Petitions in French whose names are transcribed out of the Original Journal-Book of the Upper House and were as followeth Sir Robert Catlin Knight Chief Justice of the Kings Bench Sir William Cordell Knight Master of the Rolls Sir John Widden Knight one of the Justices of Sir Richard Read Knight and D r Huick who were Receivers of Petitions for England Ireland Wales and Scotland Receivers of Petitions for Gascoigne and the parts beyond the Seas and the Isles Sir James Dyer Knight
and Authorize the said Sir Francis Knolles Sir James Crofts Sir Ralph Sadler Sir Walter Mildmay and Sir Thomas Smith Knights to be his Deputies for and in the ministring of the Oath to all and singular the Knights of the Shires Citizens of Cities Burgesses of Boroughs and Barons of the Ports returned and to be returned for that present Parliament according to the form of the Statute in that behalf then lately made and provided And immediately thereupon the faid Lord Steward and his Deputies did then and there Minister the said Oath to all such of the said Knights Citizens Burgesses and Barons as were then present accordingly Which done the Sermon ended and the Queens Majesty sat in her Royal Seat in the Upper House of Parliament the Commons standing at the lower end of the Chamber the Lord Keeper of the Great Seal of England learnedly and briefly declared the Causes of Calling the said Parliament and so in the end willed them to repair into their House and there after their accustomed manner to chuse of themselves an apt and fit man to be their Speaker and to present him to the Queens Majesty on the Wednesday next following in the Afternoon Whereupon the said Commons immediately resorted to their Common House and being there Assembled the Right Worshipful M r Christopher Wray Esq one of the Queens Majesties Serjeants at Law was by the first motion and nomination of the said M r Treasurer with one voice of the said whole House Chosen to be Speaker and placed in the Chair notwithstanding his Allegations of disabling himself and humble request for their proceeding to a new Election On Wednesday the 4 th day of April in the Afternoon Christopher Wray Esquire one of the Queens Majesties Serjeants at Law the Speaker Elect of the House of Commons was presented unto her Highness who sitting in her Royal Seat and allowing and affirming the Election after his Oration made and ordinary Petitions granted the said Lord Keeper willed him with the residue to repair to the House of Commons there to deliberate and consult upon the making of such good and wholesome Laws as might tend to the advancement of Gods Glory and preservation and safety of the Queens Majesty and the Common-Wealth of this Realm of England And thereupon the said M r Speaker and the Knights Citizens and Burgesses of the House of Commons returned back unto their own House and being there sat one Bill according to the usual Course had its first reading which was The Bill concerning coming to Church and receiving the Communion It was this day finally agreed upon the Motion of M r Speaker that the Letany should be read every day in the House during this Parliament as in the last was used and also a Prayer by M r Speaker such as he should think fittest for this time to be begun every day at half an hour after eight of the Clock in the Morning and that each one of this House then making default should forfeit every time four pence to the poor Mans Box. On Thursday the 5 th day of April Thomas Clark and Anthony Bull of the Inner-Temple London Gentlemen were by this House committed to the Serjeants Ward until further order should be taken with them for that they presumed to enter into this House and were no Members of the same as themselves at the Bar confessed This day the House was called and thereupon Edward Lewkenor John Bullock Nicholas Plumtree Edward Goodwyn and John Garnons were Commanded to attend the order of this House to Morrow next for that the House being this day called they had entred into the House and had not as them been returned by the Clerk of the Crown except Garnons whose Case is for that he is said to be Excommunicate On Friday the 6 th day of April It was Ordered that the Burgesses for Estringsted shall remain according to the return This day M r Treasurer M r Serjeant Manwood Geffrie and Lovelace M r Feltman M r Bell and M r Mounson were appointed to confer with M r Attorney and M r Sollicitor about the return of the Burgesses following for that the same Towns returned no Burgesses the last Parliament viz. Cornwall the Boroughs of Estlow Fowley Gloucestershire the Borough of Chichester Nottinghamshire the Borough of Easiretford Kent the Borough of Queenborough Oxfordshire the Borough of Woodstock Hampshire the Borough of Christ-Church Suffolk the Boroughs of Aldburgh Eye And to meet to Morrow in the Afternoon at three of the Clock in M r Treasurers Chamber at the Court. Nota That these ensuing Speeches are taken out of the before-mentioned Anonymous Journal M r Strickland a grave and ancient Man of Great Zeal stood up and made a long Discourse tending to the remembrance of Gods Goodness giving unto us the light of his Word together with the gracious disposition of her Majesty by whom as by his Instrument God hath wrought so great things and blaming our slackness and carelesness in not esteeming and following the time and blessing offered but still as men not sufficiently instructed what is truth or so that we think it not convenient to publish and profess it openly and that all reproachful Speeches of the slanderous might be stopped the draw-backs brought forward and the Over-runners such as over-run and exceed the rule of the Law reduced to a certainty he thought it Operae pretium to be occupied therein for which purpose he said the Professors of the Gospel in other Nations had writ and published to the World the Confession of their Faith as did those of Strasburgh and Franckford c. for which purpose also great Learned men in this Realm had travelled as Peter Martyr Paulus Fagius and others whose works hereupon were Extant And before this time and offer thereof was made in Parliament that it might be approved but either the slackness or somewhat else of some men in that time was the lett thereof or what else he said he would not say This Book he said rested in the Custody of M r Norton as he guessed a man neither ill disposed to Religion nor a negligent Keeper of such matters of Charge and thereupon requested that M r Norton might be required to produce the same he added also that after so many Years as now by Gods Providence we had been learning the purity of Gods truth we should not permit for any cause of Policy or other pretence any errors in matters of Doctrine to continue amongst us And therefore said he although the Book of Common-Prayer is God be praised drawn very near to the sincerity of the truth yet are there some things inserted more superstitious than in so high matters be tolerable as namely in the Administration of the Sacrament of Baptism the sign of the Cross to be made with some Ceremonies and such other Errors all which he said might well be changed without note of chopping or changing of Religion whereby the Enemies might slander us
and some Motions touching the severance or uniting of the Bills it was Ordered that the Bill be read again upon Thursday next The Bill concerning coming to Church and receiving of the Communion was read the first time Sir John S t Leger moved the House for his Mans Priviledge and it was committed to M r Recorder M r Bedoll and M r Dalton and they to meet this Afternoon at M r Recorders and make report to Morrow On Tuesday the 10 th day of April M r Speaker recited a Commandment from the Queens Majesty to spend little time in Motions and to avoid long Speeches The reason whereof being omitted in the Original Journal-Book of the House of Commons it is therefore supplied out of that often before-cited elaborate Journal more particularly mentioned at the beginning of this present Journal in manner and form following That this Advertisement grew of somewhat spoken by M r Bell the 7 th day of this instant April concerning Licences granted by her Majesty to do certain matters contrary to the Statutes wherein he seemed as was said to speak against her Prerogative but surely so orderly did he utter what he spake as those who were touched might be angry but justly to blame him might not be This Advertisement being thus transcribed out of the aforesaid Anonymous Journal now follows the residue of this days passages out of the Original Journal-Book of the House of Commons it self in form following Sir Owen Hopton moved for the Commission of Motions and Petitions to have the Council added unto them and also a greater number of others and delivered a Paper of Notes of the Motions made Upon a Motion made for M r Garnons who is reported to stand Excommunicate it is Ordered that he shall Answer it in the House Six Bills of no great moment had each of them one reading of which the last being the Bill touching Monasteries was read the first time M r Treasurer made report of the Committees doings for the Subsidy whose names see on Saturday the 7 th day of this instant April foregoing and brought in Articles which were well liked and thereupon the same Commissioners were appointed to proceed with the drawing of the Book Two Bills also had each of them their first reading of which the first was the Bill for the validity of Burgesses not resiant Touching matters of Religion M r Mounson brought report that the Bishops pray to have the Lords moved by this House to assign a Committee to confer with this House And thereupon it was Ordered presently that the same Commissioners do immediately go to the Lords with this Message to know their pleasure for appointing some to confer about the Book for Doctrine M r Treasurer returned report that the Lord Keeper hath Answered he will open it to the Lords Four Bills of no great moment had each of them one reading of which the second being the Bill for Cloth-workers was read the first time And the third being the Bill B. had its first reading Vide Maii 17. postea what Bill B. meaneth Sir Richard Read and M r Doctor Yale did bring an Answer to the Message viz. that the Lords have appointed twenty of themselves whereof ten of the Clergy and ten of the Temporalty to meet at two of the Clock this Afternoon in the Star-Chamber And thereupon were added by the House to the former Commissioners the Master of the Rolls Sir Henry Norrice Sir William Buts M r Austley M r Serjeant Manwood M r Stooks M r Fleetwood M r Carleton M r Eglenby M r Yelverton M r Dalton and M r Robert Snagg which meeting was about matters of Religion Vide abunde Maii 17. postea On Wednesday the 11 th day of April the Bill for Lestwithiell was read the first time M r Fleetwood brought in a Bill against Rogues The Bill against fraudulent Gifts and Conveyances was read the second time and was delivered to certain of the House to amend presently upon a Motion made by M r Dalton to have it to extend to the defrauding of Heriots Three Bills of no great moment had each of them one reading of which the second being the Bill for Sewers was read the second time and Ordered to be ingrossed And the Bill D. had its first reading Vide Maii 17. post what Bill D. meaneth M r Seckford Master of the Requests prayed longer time to consider of the Bill of fraudulent Gifts and Conveyances and that the Committees may be Sir John White M r Seckford Master of the Requests M r Serjeant Manwood Geoffry Loveland M r Mounson M r Bell M r Fleetwood M r Thomas Snagg M r Barber and M r Dalton to meet to Morrow in the Afternoon in the Temple Church The Bill for not returning persons of the Queens Majesties Houshold on Juries was read the first time The Bill for Bristol was read the second time and Ordered to be ingrossed Whereupon followed divers longSpeeches and Arguments touching the same Bill which being omitted in the Original Journal-Book of the House of Commons are here supplied out of that often before-cited Anonymous Journal of the same House more particularly mentioned at the beginning of this present Journal in manner and form following viz. M r Comptroller first moved that before some Committees were appointed both parties might be heard and the Controversy appeased M r Fleetwood argued that there might appear rashness or indiscretion in them who should now reverse what of late they had done but leaving to speak thereof he entred into a good Discourse of the Prerogative which might thereby be touched if they should endeavour to overthrow her Majesties Letters Patents to whom by Law there is power given to Incorporate any Town and she is Sworn to preserve her Prerogative he vouched the Clerk of the Parliaments Book to be that no man might talk of the Statute of Wills c. but that the King first gave Licence for that his Prerogative in the Wards was hereby touched He shewed likewise the Statute of Ed. 1. Ed. 3. and H. 4. with a saving of the Prerogative In King Edward the Sixths time Licence was sued for to the Lord Protector to talk of matters of Prerogative he remembred the Book of 2 Edw. 6. for the Parliament of Ireland called by the Chief Judge as is for him lawful where it was questioned what by Parliament might be done whether they might depart with any of the Kings Towns Forts or Piers it was agreed they might not and so he concluded that to talk thereof for as much as her Majesties Letters Patents and Prerogative were touched Rege non consulto was perillous He also made mention of the Statute which authorizeth all Merchants to Traffick by Sea Nisi publice prohibentur he saith others were prohibited M r Young of Bristol in the behalf of the Commons reasoned to this effect First Shewed the loss to the Queen of her Custom then the private Monopoly wrought and occasioned by the
from the House of Commons than the negligence of the Clerk of the Upper House in respect that it is easie to be conjectured that this foregoing Bill was either Ordered to be ingrossed or recommitted to the former Committees whose names see on Monday the 12 th day of this instant May foregoing On Friday the 16 th day of May the Bill against Forging and Counterfeiting of Foreign Coin being not currant within the Realm was read prima vice On Saturday the 17 th day of May the Bill against Forging and Counterfeiting of Foreign Coin being not currant within the Realm was read secunda vice commissa ad ingrossand The Bill against corrupt Presentations was read secunda vice commissa Comiti Huntington Com. Bedford Episcopo Wigorn. Episcopo Wintonien Domino Grey Domino S t John de Bletsoe Vide concerning this Bill on Saturday the 31 th of this instant May following The Bill also for the annexing of the Jurisdiction of Dorset to the See of Sarum was read prima vice commissa Archiepiscopo Cantuar. Archiepiscopo Ebor. Comiti Bedford Comiti Pembroke Vice-Com Bindon Episcopo Wigorn. Episcopo Exon. Episcopo Lincoln Episcopo Roffen Domino Mountjoy Domino S t John Domino Chandois The Bill lastly for punishment of Vagabonds and relief of the Poor was read tertia vice conclusa May the 18 th Sunday On Monday the 19 th day of May to which day the Parliament had been last continued The Bill for the punishment of Vagabonds and relief of the Poor was delivered to Doctor Lewes and Doctor Vaughan to be carried to the House of Commons The Bill also against Forging and Counterfeiting of Foreign Coin being not currant within the Realm was read tertia vice and sent to the House of Commons by Doctor Yale and Doctor Huick The Bill lastly for punishment of such as shall rebelliously take or detain from the Queens Majesty any Castle Tower Fortress Ship or other Munition of War was read prima vice On Wednesday the 21 th day of May to which day the Parliament had been on Monday last continued three Bills were brought up to the Lords from the House of Commons of which the first being the Bill that the Tenant and Defendant may have a Tales de circumstantibus and the second against the deceit of Under-Collectors of the Tenths and Subsidies of the Clergy were each of them read prima vice On Thursday the 22 th day of May introducta fuit Billa nova touching corrupt Presentations prima vice lecta Six other Bills of no great moment had each of them one reading of which the third being the Bill touching corrupt Presentations another that the Tenant and Defendant may have a Tales de Circumstantibus as well as the Demandant or Plaintiff and the last being the Bill against deceits of Under-Collectors of the Tenths and Subsidies of the Clergy were each of them read secunda vice but no mention is made that they were either Ordered to be engrossed or referred to Committees because they had been sent to their Lordships from the House of Commons the day foregoing On Friday the 23 th day of May Two Bills of no great moment had each of them one reading of which the first being the Bill against deceits of Under-Collectors of the Tenths and Subsidies of the Clergy was read tertia vice conclusa Three other Bills also were each of them read secunda vice commissae ad ingrossand of which the third was the Bill against such as shall conspire or practice the enlargement of any Prisoner committed for High-Treason c. On Saturday the 24 th day of May Two Bills of no great moment had each of them their third reading and passed the House of which the second was the Bill against such as shall conspire or practise the enlargement of any Prisoner committed for High-Treason The Bill that the Tenant or Defendant may have a Tales de Circumstantibus as well as the Demandant or Plaintiff was sent to the House of Commons by Serjeant Barham and Doctor Huick Five Bills also were brought up to the Lords from the House of Commons of which the last was the Bill for the inserting of the Mannor of Havering at Bowre in a blank and void place in certain Letters Patents of the late King Edward the Sixth made unto certain persons of certain Lands and Tenements in the County of Essex On Wednesday the 28 th day of May Six Bills of no great moment had each of them one reading of which the fourth being the Bill touching Fine and Recoveries was read secunda vice commissa Comiti Rutland Comiti Suff. Comiti Huntington Domino Wentworth Domino North Domino primario Justiciario Com. Placitorum primario Baroni Scaccarii Justiciario Wray Nota That here the Judges who are but Assistants unto the Upper House are made joint Committees with the Lords The Bill of Wood which had been read prima vice on Monday the 12 th day of this instant May foregoing and then committed to those whose names are there set down was now recommitted to the Archbishop of Canterbury the Earl of Sussex the Earl of Huntington the Earl of Bedford the Earl of Leicester the Bishop of Worcester the Bishop of Chichester the Lord Chamberlain the Lord Burleigh the Lord Wentworth the Lord Chandois the Lord Norris the Master of the Rolls Justice Weston Justice Southcott and M r Serjeant Barham But whether this Bill had its second reading at this present or upon some other day foregoing doth not certainly appear but seemeth to have been omitted through the negligence of Anthony Mason Esq at this time Clerk of the Upper House Neither do there want Presidents that Bills after the first reading have been referred to Committees when there hath been no mention made of any second reading nay sometimes when the Bill hath had its second reading on a former day as it was in the Bill for the Commission of Sewers referred to Committees on Saturday the 21 th day of April in the Parliament de an 13 Regin Eliz. in the Journal of the Upper House it is afterwards committed and sometimes it is committed when it hath its second reading at an after-day as it was at this present Journal in the Bill touching Tunbridge-School on Monday the 9 th day of June ensuing For the great matters touching the Scottish Queen which had been referred to Committees on Monday the 12 th day of this instant May foregoing were appointed these Lords viz. The Archbishop of Canterbury the Earl of Sussex the Earl of Leicester the Bishop of Lincoln the Lord Burleigh and the Lord Grey Vide touching this matter on Tuesday the 10 th day of June next ensuing On Thursday the 29 th day of May the Bill for the annexing of Hexham and Hexamshire c. was sent up to the Lords from the House of Commons The Bill for the inserting of the name of the Mannor of Havcring at Bowre in a
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
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
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
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
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
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
the Bill for one Subsidy granted by the Clergy was read tertiâ vice and the Bill touching Oxford Haven was read secundâ tertiâ vice On Tuesday the 14 th day of March the Bill for confirmation of the Sale of Edward Fishers Lands made towards satisfaction of his Debts Charges and Incumbrances was brought from the House of Commons and read primâ vice Vide plus concerning this matter on the day following The Bill for Confirmation of the Attainder of Thomas late Lord Paget and others was read tertiâ vice communi omnium Procerum assensu conclusa expedita dissentiente Domino Darcy who is sometimes called the Lord Darcy of Meinel Two Bills of no great moment had each of them one reading being the last reading and thereupon passed of which the second being the Bill for the more speedy and due execution of certain branches of the Statute made in the 23 d year of the Queens Majesties Reign intituled An Act to retain the Queens Majesties Subjects in their due obedience was expedited communi omnium Procerum assensu dissentiente solummodò Comite Rutland Which two Bills aforesaid were sent down to the House of Commons by the Queens Attorney and Doctor Carew Two Bills were brought up to the Lords from the House of Commons whereof the first being an Act of one Subsidy granted by the Clergy was returned expedited and the other was the Bill for the payment of the Debts and Legacies of Sir Gerrard Croker Knight deceased and of John Croker Esq his Son On Wednesday the 15 th day of March the Bill for the payment of the Debts and Legacies of Sir Gerrard Croker Knight and of the Debts of John Croker Esq his Son was read primâ vice Two Bills were brought up to the Lords from the House of Commons whereof the first being a Bill touching Errours in Records of Attainders of High Treason was read primâ vice commissa and the second being a Bill for repealing of a Statute made in the 23 d year of the Queens Majesties Reign touching the bringing in Fish into this Realm was read primâ vice commissa The Bill for the confirmation of the Seal of Edward Fishers Lands made towards the satisfaction of his Debts Charges and Incumbrances was read secundâ vice Whereupon the Lords ordered that Edward Fisher now in the Fleet should be brought before them to morrow at nine of the Clock and that he should bring his learned Counsel with him And that the Parties who follow the said Bill should have like warning to be there with their learned Counsel Nota That this very Bill or some other to the same purpose had divers readings and was often debated in the Parliament both in the Upper House and in the House of Commons but passed not And there it seemeth that the same or a new Bill to the like purpose was now again offered unto the House Vide the first reading of it upon Tuesday immediately foregoing The Lords Committees made Report unto the whole House that upon divers Conferences had with the Committees of the Lower House touching their Request made to the Lords to joyn with them in Petition to her Majesty about a Benevolence or Contribution which they of the House of Commons thought good to offer unto her Majesty the said Lords Committees thought it not fit for divers reasons to joyn with the House of Commons herein Which reasons when the whole House had heard and considered their Lordships did resolve that the House of Commons should be left to themselves and their Lordships would take such order therein for themselves as to them should seem convenient Vide plus concerning this matter on Saturday the 11 th day of this instant March foregoing On Thursday the 16 th day of March the Committees in the Bill for the repealing of a Statute made in the three and twentieth year of the Queens Majesties Reign touching the bringing in of Fish into this Realm according to the Lords appointment delivered their opinions and reasons by the Lord Chief Baron touching the said Bill which when the Lords had heard and considered they ordered that the said Bill for the Repeal of the said Statute should be rejected This day was chosen a new Committee to resolve upon somewhat touching the Contribution viz. the Archbishop of Canterbury the Archbishop of York the Lord Steward the Earl of Kent the Earl of Worcester the Earl of Rutland the Earl of Hartford and the Earl of Leicester the Bishop of London the Bishop of Winton and the Bishop of Salop the Lord Chamberlain the Lord Morley the Lord Cobham the Lord Gray the Lord Stafford the Lord Stourton the Lord Cromwell the Lord North the Lord Delaware and the Lord Norris The Lords Committees last named upon Conference had betwixt them in respect of the great Charges that her Majesty hath sustained heretofore and that her Highness shall be enforced hereafter to be at for the defence of this Realm and other her Majesties Dominions did resolve amongst themselves freely to give to her Majesty two shillings in the pound after the rate of the valuation of the Subsidy of the Temporality granted in this present Session of Parliament to be paid unto such persons and at such time as it shall please her Majesty to appoint Which being after openly declared to the whole House the Temporal Lords in as much as the Lords Spiritual had made former offer of Contribution unto her Majesty did all together with one consent most willingly ratifie the said resolution both touching the Sum and the payment thereof and ordered that this their free gift should be entred upon Record And that such of the Lords of her Majesties Privy Council as were there present should signifie the same to her Highness in all their Names On Friday the 17 th day of March a Bill touching Errours in Records of High Treason was read secundâ tertiâ vice conclusa On Saturday the 18 th day of March the Bill for the confirmation of the Sale of Edward Fishers Lands made towards the satisfaction of his Debts Charges and Incumbrances with certain amendments in a Schedule added unto the said Bill was read tertiâ vice communi omnium Procerum assensu conclusa tradita Doctori Barkley Doctori Carew in Domum Communem deserend ' Vide concerning this matter on Tuesday the 14 th day and on Wednesday the 15 th day of this instant March foregoing Two Bills were brought up to the Lords from the House of Commons of which the first being a Bill touching Exemplifications and Constats of Original Conveyances made to the Queens Majesty was read primâ vice On Monday the 20 th day of March two Bills of no great moment had each of them one reading whereof the second being a Bill for the limitation of time touching Writs of Errour upon Fines and Recoveries was read secundâ vice Six Bills of no great moment were this day lastly brought
her Majesties Reign viz. in Anno 39 Anno 43. and in these latter times of King James and our present Soveraign his Son these are seldom or never nominated as Committees but only as Assistants to the Committees to give their advice if they shall be required and not otherwise And though the Clerk of the Parliament might at some time mistake and err in setting down such for Committees as were only Commanded to be Attendant upon or Assistant unto the said Committees yet that he should so often mistake in so many Parliaments and the rather because such Committees are frequently named divers times in sundry of the several Sessions it is most unlikely and improbable On Friday the 14 th day of February the Bill for the more speedy payment of Fines and Tenths was read prima vice Memorand The Lords Committees brought in the Bill concerning Captains and Souldiers with Amendments and by reason of divers defects in the same Bill they had framed a new Bill which new Bill by the consent of all the Lords was received and read prima vice Two Bills had each of them one reading of which the first being a Bill touching Constats of Original Conveyances made to the Queens Majesty was read secunda vice And the second being a Bill to save discontinuance of Writs of Error upon Errors in the Court of Exchequer was read secunda vice commisia Archiepiscopo Cantuar ' Ebor ' Domino Senesechallo three Earls three Bishops six Barons Magistro Rotulorum Servienti Shuttleworth Magistro Attornato Sollicitatori Dominus Cobham Dominus Stafford robis Parliamentariis induti introduxerunt Dominum Talbot eúmque ad locum suum perduxerunt praeeunte Gartiro principali Reg. Armorum qui etiam tunica armorum indutus erat On Saturday the 15 th day of February to which day the Parliament had been last continued three Bills were read whereof two of them the first being a Bill for maintenance of Houses of Husbandry and Tillage and the second being a Bill for Horse-stealing and House-burning were read secunda vice tunc commissae Domino Thesaurario 4 Comitibus 2 Episcopis 8 Baronibus Justiciar ' Gawdie Servienti Puckering Sollicitatori Reginae On Monday the 17 th day of February to which day the Parliament had been last continued four Bills were read of which the first being a Bill for reformation in excess of Apparel was read secunda vice commissa Domino Thesaurario 3 Comitibus 2 Episcopis 6 Baronibus Servienti Shuttleworth Sollicitatori Reginae Quod nota On Tuesday the 18 th day of February to which day the Parliament had been last continued were four Bills read whereof the first being a Bill providing remedy against discontinuance in Writs of Error in the Exchequer and Kings Bench was read tertia vice conclusa and sent to the House of Commons by Serjeant Shuttleworth and Dr. Aubery with three other Bills On Thursday the 20 th day of February to which day the Parliament had been last continued were four Bills read of which the first being a Bill for having Horse-Armour and Weapons was read prima vice On Saturday the 22 th day of February to which day the Parliament had been last continued were three Bills read of which the last being a Bill concerning Captains and Souldiers was read tertia vice conclusa and together with the two Bills aforesaid sent to the House of Commons by Serjeant Puckering and Doctor Ford. Three Bills were also sent from the House of Commons viz. a Bill concerning Informers and two others of no great moment On Monday the 24 th day of February to which day the Parliament had been last continued were four Bills read whereof one of them being a Bill for Writs upon Proclamation upon Exigents to be Currant within the County Palatine of Durham was read secunda vice commissa Justiciario Gawdie Quod nota On Tuesday the 25 th day of February to which day the Parliament had been last continued were two Bills read whereof the first being a Bill concerning Informers was read prima secunda vice conclusa and so expedited And the second being a Bill for the abridgment of Proclamations upon Fines to be levied at the Common Law was read secunda vice wherein the Lords finding some imperfections sent down Serjeant Shuttleworth and D r Clark to the lower House to pray a Conference with some of that House which being yielded the Lords Ordered for Committees the Lord Treasurer the Lord Steward the Bishop of Winton the Lord Cobham the Lord Buckhurst and the Lord Chief Justice of the Common Pleas to attend the Lords Nota That here one of the Judges is particularly nominated to attend upon the Lords Committees which may further prove that in all those former places where the Judges or the Queens Learned Council are named as Committees it is no Error nor mistake of the Clerk So that hence the difference may very well be gathered to be this That where a Committee of the Lords was formerly used to be selected out to meet with another Committee of the House of Commons here neither the Judges being but Assistants nor the Queens Learned Council being but Attendants of and upon that House were ever nominated or appointed as Joint Committees with the Lords because the very Members of either House only are then admitted to partake of such matters of weight and secrecy as they do there commonly confer upon But when the Lords do amongst themselves appoint a Committee to consider only of some ordinary Bill that is to pass their House and especially if the Bill do concern matter of Law here it antiently hath been used and may still without any prejudice to the honour of that House be continued that the Kings Learned Council but especially the Judges may be nominated as Committees alone or as Joint Committees with the Lords for in regard that nothing can be absolutely concluded at a Committee all matters shall still depend upon the resolution of the House and so no inconvenience shall ensue thereupon After the Committees of both Houses had met the Lords Committees proceeded to the Amendment of the Bill and afterwards this present day the Bill and Amendments received their second reading and passed the House and was sent down to the House of Commons to be amended by them by D r Carew and M r Sollicitor It appeareth by the Journal-Book that the House of Commons having yielded to a Conference did presently chuse Committees and sent them up to the Upper House Two other Bills had each of them one reading in the House and one Bill was sent up to the Lords from the House of Commons all being of no great moment On Thursday the 27 th day of February to which day the Parliament had been last continued two Bills of no great moment had each of them one reading of which the first being a Bill for reformation of excess in
speak to any prejudice of the said motion but putting the House in remembrance of their charge given unto him and others for Conference to be had touching some convenient supply of Treasure to be had and levyed for the necessary defence of her Majesty and this Realm now presently in danger of such mighty and great enemies as erst of late hath been at large delivered unto this House by some Members of the same declared unto them that he and the greater part of the residue of the Committees therein though divers of them did not give that attendance therein which so great and weighty a cause doth require have met and had Conference together about the same four several times and that at the last and fourth time of their said conference they resolved upon such an extraordinary proportion of provision as they thought the present extraordinary occasion of necessity doth require and that they did set the same down in writing which he also moved might be read unto them to the end that if it might upon the reading thereof stand with their good liking to allow of it and give their assents unto it M r Speaker might then deliver it to her Majesties learned Councel to have the same framed into the form of a Bill to be proceeded in and past in this House and shewed further that as the grant of this Contribution is greater than hath been heretofore for the most part ordinarily used to be granted the present necessity so requiring it so thinking good amongst them it should not hereafter be an occasion of a Precedent to posterity for the like without like cause divers of them were of opinion that some meet words to such effect might be inserted in the Preamble of the Bill And shewed further that one of the Committees to wit M r Francis Bacon had for that purpose set down a Note in Writing which he said if it pleased them they might also hear read and afterwards if they so thought good might also be delivered to her Majesties said learned Councel likewise with the said other note and that withal the said M r Bacon might repair to her Majesties said learned Councel for the further proceeding therein with them if this House should so think good Whereupon the House liking well of this motion both the said Notes in writing were read by the Clerk and afterwards agreed by the whole House that the same Notes should be forthwith delivered by M r Speaker to her Majesties said learned Councel accordingly and the said M r Bacon also to repair unto them Sir Henry Knyvet entreth into Speech of some recital of the said grief of the said Sir Edward Hobby and well liking and allowing of due consideration to be had thereof by this House reciteth very briefly the whole substance in effect both of the said first Speech of the said Sir Edward Hobby and also of his said late Motion and giving due commendation of the same his first Speech and also of his said protestation of excuse urgeth the present reading and proceeding of the said Bill withal speed Whereupon after sundry other Speeches tending likewise to the prosecution of the said Bill to Commitment it was upon the question Ordered that the same Bill should be presently read accordingly The Bill Quo titulo ingressus est was read the second time and after sundry Speeches and Motions deferred to further Argument to be had upon the same Bill again to Morrow The Bill touching Informers and Forestallers were delivered to Mr. Cromwell one of the Committees And also the report of the Committees in the cause between Mr. Puleston and Mr. Aylmer upon a Motion made by Mr. Nicholas Hare is likewise deferred until then for lack of convenient time for the same now Vide concerning this matter on Wednesday the 12 th day of this instant February foregoing On Tuesday the 18 th day of February Four Bills of no great moment had each of them their first reading of which the last was the Bill for the relief of Thomas Haselrigge Esquire Sir Edward Dymock Mr. Clark and Mr. Peter Osburn arguing to the Bill of Quo titulo read the second time in the latter part of the day foregoing do each of them hold Sir Edward Hobby free and thereby excused of any such Speeches touching the higher Officers of the Exchequer as he had been charged with and rebuked for And the whole residue of their Arguments shew no misliking at all of his simile's or words used in the setting forth of the said Bill Whereupon after sundry other Disputations of other Members of this House had upon the said Bill it was at last upon the question committed unto Mr. Chancellor of the Exchequer Sir John Parrot Mr. George Moor Mr. Sutton Sir Edward Dymock and others who were appointed to meet to Morrow at two of the Clock in the Afternoon in the Exchequer Chamber Mr. Serjeant Shuttleworth and Mr. Doctor Awberry do bring from the Lords a Bill Intituled An Act providing remedy against discontinuances in Writs of Error in the Exchequer and Kings Bench. Mr. Speaker noting the great disorder in this House by some that standing up and offering to speak sometimes three or four together and persisting still without offering to give place one of them to another knowing well nevertheless which of themselves did first stand up and so by the Order of this House ought to be first heard but yet expecting by Acclamation of the residue of the House growing for the most part to a great confused noise and sound of senceless words do stand still continuing their offer to speak first and do also many times in their Motions and Arguments utter very sharp and bitter Speeches sometimes rather particularly offensive than necessarily with such great vehemency delivered putteth them in remembrance that every Member of this House is a Judge of this Court being the highest Court of all other Courts and the great Council also of this Realm and so moveth them in regard thereof that as in all other Courts being each of them inferiour to this high Court such confused courses either of contention acclamations or reciprocal bitter and sharp Speeches terms or words are not any way either used or permitted amongst the Judges of the said Inferiour Courts or the Councellors admitted in the same Courts so they would hereafter forbear to attempt the like disorders as the honour and gravity of this House justly requireth Upon a Motion made by Mr. Vice-Chamberlain that the Committees in the Bill for Purveyors appointed on Saturday the 15 th day of this instant February foregoing do meet again this Afternoon at three of the Clock And also that the report to be made by him touching the dealing of the Committees in the cause between Mr. Puleston and Mr. Aylmer be deferred till to Morrow in the Afternoon On Wednesday the 19 th day of February Mr. Serjeant Walmesly one of the Committees in the Bill touching the abridging
am to do this Office my present Speech doth tell that of a number in this House I am most unfit For amongst them are many grave many learned many deep wise men and those of ripe Judgments But I am untimely Fruit not yet ripe but a Bud scarcely blossomed So as I fear me your Majesty will say Neglectâ frugi eliguntur folia Amongst so many fair Fruit ye have plucked a shaking Leaf If I may be so bold as to remember a Speech which I cannot forget used the last Parliament in your Majesties own Mouth Many come hither ad consulendum qui nesciunt quid sit consulendum a just reprehension to many as to my self also an untimely Fruit my years and judgment ill besitting the gravity of this place But howsoever I know my self the meanest and inferiour unto all that ever were before me in this place yet in faithfulness of service and dutifulness of love I think not my self inferiour to any that ever were before me And amidst my many imperfections yet this is my comfort I never knew any in this place but if your Majesty gave them favour God who called them to the place gave them also the blessing to discharge it The Lord Keeper having received Instructions from the Queen Answered him M r Sollicitor Her Graces most Excellent Majesty hath willed me to signify unto you that she hath ever well conceived of you since she first heard of you which will appear when her Highness Elected you from others to serve her self But by this your modest wise and well composed Speech you give her Majesty further occasion to conceive of you above that which ever she thought was in you by endeavouring to deject and abase your self and your desert you have discovered and made known your worthiness and sufficiency to discharge the place you are called to And whereas you account your self Corpus opacum her Majesty by the Influence of her Vertue and Wisdom doth enlighten you and not only alloweth and approveth you but much thanketh the Lower House and commendeth their discretion in making so good a Choice and Electing so fit a Man Wherefore now Mr. Speaker proceed in your Office and go forward to your Commendation as you have begun The Lord Keepers Speech being ended the Speaker began a new Speech COnsidering the great and wonderful Blessings besides the long Peace we have enjoyed under your Graces most Happy and Victorious Reign and remembring with what Wisdom and Justice your Grace hath Reigned over us we have Cause daily to praise God that ever you were given us and the hazard that your Majesty hath adventured and the Charge that you have born for us and our safety ought to make us ready to lay down our selves and all our living at your Feet to do you service c. After this he related the great Attempts of her Majesties Enemies against us especially the Pope and the King of Spain who adhered unto him How wonderfully we were delivered in Eighty eight and what a favour God therein manifested unto her Majesty His Speech after this tended wholly to shew out of the History of England and the old State how the Kings of England ever since Henry the Thirds time have maintained themselves to be Supreme Head over all Causes within their own Dominions And then reciting the Laws that every one made in his time for maintaining their own Supremacy and excluding the Pope he drew down this proof by a Statute of every King since Henry the Third to Edward the Sixth This ended he came to speak of Laws that were so great and so many already that they were fit to be termed Elephantinae Leges Therefore to make more Laws it might seem superfluous And to him that might ask Quid causa ut crescant tot magna volumina Legis It may be Answered In promptu causa est crescit in orbe malum The malice of our Arch-Enemy the Devil though it were always great yet never greater than now and that Dolus Malum being crept in so far amongst men it was requisite that sharp Ordinances should be provided to prevent them and all care to be used for her Majesties Preservation Now am I to make unto your Majesty three Petitions in the name of the Commons First That liberty of Speech and freedom from Arrests according to the Ancient Custom of Parliament be granted to your Subjects Secondly That we may have access unto your Royal Person to present those things that shall be considered amongst us Lastly That your Majesty will give us your Royal Assent to the things that are agreed upon But this said last Petition seems to have been mistaken by that Anonymus out of whom this said Speech is transcribed as aforesaid for this Petition is proper and usual at the end of a Sessions upon a Prorogation or of a Parliament upon a Dissolution when the two Houses have passed divers Acts which only want the Royal Assent to put life into them And doubtless the third Petition which should have ensued here was for freedom from Arrests for themselves and their necessary Attendants which being wholly omitted I have before caused to be inserted though more briefly in its proper place And thus this mistake being cleared the residue of the said Speakers Speech ensueth And for my self I humbly beseech your Majesty if any Speech shall fall from me or behaviour found in me not decent and fit that it may not be imputed blame upon the House but laid upon me and pardoned in me To this Speech the Lord Keeper having received new Instructions from the Queen made his Reply in which he first commended the Speaker greatly for it And then he added some Examples of History for the Kings Supremacy in Henr. 2. and Kings before the Conquest As to the deliverance we received from our Enemies and the Peace we enjoyed the Queen would have the praise of all those attributed to God only And touching the Commendations given to her self she said Well might we have a wiser Prince but never should they have one that more regarded them and in Justice would carry an evener stroke without exception of persons and such a Prince she wisht they might always have To your three demands the Queen Answereth Liberty of Speech is granted you but how far this is to be thought on there be two things of most necessity and those two do most harm which are Wit and Speech The one exercised in Invention and the other in uttering things invented Priviledge of Speech is granted but you must know what priviledge you have not to speak every one what he listeth or what cometh in his brain to utter that but your priviledge is I or No. Wherefore M r Speaker her Majesties Pleasure is that if you perceive any idle Heads which will not stick to hazard their own Estates which will meddle with reforming the Church and transforming the Common-Wealth and do exhibite any Bills to such purpose
Ecclesiae tangentibus Your Highness Wisdom and exceeding Judgment withal careful Providence needed not your Councils But yet so urgent Causes there were of this Parliament so important Considerations as that we may say for that we cannot judge never Parliament was so needful as now nor any so Honourable as this If I may be bold to say it I must presume to say that which hath been often said but what is well said cannot be too often spoken this sweet Council of ours I would compare to that sweet Commonwealth of the little Bees Sic enim parvis componere magna solebam The little Bees have but one Governour whom they all serve he is their King quia later a habet latiora he is placed in the midst of their habitations ut in tutissima turri They forrage abroad sucking Honey from ever Flower to bring to their King Ignavnm fuces pccus à praesepibus arcent The drones they drive away out of their Hives non habentes aculeos And who so assails their King in him immittunt aculeos tamen Rex ipse est sine Aculeo Your Majesty is that Princely Governour and Noble Queen whom we all serve being protected under the shadow of your Wings we live and wish you may ever sit upon your Throne over us And whosoever shall not say Amen for them we pray ut convertantur ne percant ut consundantur ne noccant Under your happy government we live upon Honey we suck upon every sweet Flower But where the Bee sucketh Honey there also the Spider draweth Poyson Some such venoms there be But such Drones and Door Bees we will expel the Hive and serve your Majesty and withstand any enemy that shall assault you Our Lands our Goods our Lives are prostrate at your feet to be commanded Yea and thanked be God and Honour be to your Majesty for it such is the power and force of your Subjects that of their own strength they are able to encounter your greatest enemies And though we be such yet have we a Prince that is sine Aculeo so full of that Clemency is your Majesty I fear I have been too long and therefore to come now to your Laws The Laws we have conferred upon this Sessions of so Honourable a Parliament are of two natures the one such as have life but are ready to die except your Majesty breathe life into them again the other are Laws that never had life but being void of life do come to your Majesty to seek Life The first sort are those Laws that had continuances until this Parliament and are now to receive new Life or are to die for ever The other that I term capable of life are those which are newly made but have no essence until your Majesty giveth them life Two Laws there are but I must give the Honour where it is due for they come from the Noble wise Lords of the Upper House the most Honourable and beneficial Laws that could be desired the one a confirmation of all Letters Patents from your Majesties most Noble Father of all Ecclesiastical Livings which that King of most renowned memory your Father took from those Superstitious Monasteries and Priories and translated them to the erecting and setting up of many Foundations of Cathedral Churches and Colledges greatly furthering the maintenance of Learning and true Religion The other Law to suppress the obstinate Recusant and the dangerous Sectary both very pernitious to your Government Lastly Your loving and obedient Subjects the Commons of the Lower House humbly and with all dutiful thanks stand bound unto your gracious goodness for your general and large Pardon granted unto them wherein many great offences are pardoned But it extendeth only to offences done before the Parliament I have many ways since the beginning of this Parliament by ignorance and insufficiency to perform that which I should have done offended your Majesty I most humbly crave to be partaker of your Majesties most gracious Pardon The Lord Keeper received Instructions from the Queen and afterwards replied unto the Speaker The former part of this Speech was an Answer almost verbatim to the Speakers Oration very excellently and exactly done And those things which follow are to this or the like purpose viz. That her Majesty did most graciously accept of these Services and Devotions of this Parliament commending them that they had imployed the time so well and spent it in so necessary affairs save only that in some things they had spent more time than needed But she perceived that some men did it more for their satisfaction than the necessity of the thing deserved She misliketh also that such irreverence was shewed towards Privy Councellors who were not to be accounted as common Knights and Burgesses of the House that are Councellors but during the Parliament whereas the other are standing Councellors and for their wisdom and great service are called to the Council of the State That the Queens Majesty had heard that some men in the Cause of great necessity and grant of Aid had seemed to regard their Country and made their necessity more than it was forgetting the urgent necessity of the time and dangers that were now imminent That her Majesty would not have the people seared with a report of great dangers but rather to be encouraged with boldness against the Enemies of the State And that therefore she straitly charged and commanded that the Mustered Companies in every Shire should be supplied if they were decayed And that their Provisions of Armor and Munition should be better than heretofore it hath been used That for this offer of three Subsidies her Majesty most graciously in all kindness thanketh her Subjects But except it were freely and willingly given she did not accept of it for her Majesty never accepteth any thing that is not freely given That if the Coffers of her Majesties Treasures were not empty or if the Revenues of the Crown and other Princely Ornaments could suffice to supply her wants and the Charges of the Realm in the word of a Prince she doth pronounce it she would not have charged her Subjects nor have accepted of this they give her The Lord Keeper's Speech being ended after some time of Intermission the Queen being set in her Chair of State used a Princely Speech unto the House of which the greatest part was to the effect and purpose following viz. THis Kingdom hath had many Wise Noble and Victorious Princes I will not compare with any of them in Wisdom Fortitude and other Vertues but saving the Duty of a Child that is not to compare with his Father in Love Care Sincerity and Justice I will compare with any Prince that ever you had or shall have It may be thought simplicity in me that all this time of my Reign I have not sought to advance my Territories and enlarge my Dominions for opportunity hath served me to do it I acknowledge that my Womanhood and weakness in that respect But
we were so secure and never thought that the King of Spain would have set up his Rest for England Then sent he his Navy termed Invincible and was almost upon the Banks of us before we were aware Yea we were so slack in provision that it was too late to make resistance had not God preserved us His attempt against us by seeking to win the Low-Countries and to obtain Ireland being but trifles and partly devices which I mean not to trouble you with he hath now of late gone about to win France wherein he hath greatly prevailed as in Lorrain and in other parts as you have heard but specially in Britany having most part of the Port Towns in his Possession whither he still sendeth supply daily and reinforces them every four or five Months which part is always open and his men and forces never wanting This Province he especially desireth for it lyeth most fitly to annoy us whither he may send forces continually and there have his Navy in a readiness the which he could not so easily unless he had the wind in a bag Besides having this Province he might keep us from Traffick to Rochell and Burdeaux as he doth in the Straights from Tripoly and S t Jean de Lucc And so hinder us from carrying forth and bringing into this Land any Commodities from those parts whereby the Realm might be inriched and her Majesties Impost ever eased being one of the greatest Revenues of her Crown He hath also gone about with them of Stade and the King of Poland one of his own Faction and who by reason he cannot do in that Kingdom what he listeth he may not so easily command him to impeach or hinder our Traffick in those Eastern parts which if he could bring to pass you see how hurtful it would be to this Land But to descend yet lower into these latter Actions He hath seen it is but a folly to make Woodden Bridges to pass into Ireland therefore he hath found out a safer way and stronger passage into it by Land and that by Scotland which though it be not talked of on the Exchange nor Preached at Paul's Cross yet it is most true and in Scotland as common as the high-way That he hath procured unto him many of the Nobility It may be he hath sent thither no great Navy and that her Majesty would not suffer him to do yet do what she can some one Paltry Fly-Boat may escape her Majesties Ships and carry gold enough in her to make them Traytors and stir them to Sedition These things her Majesty understood before and Advertized the King thereof which the effect hath proved to be true For unless I be deceived the last Letter that came from thence might shew that the King is gone to make a Rode into the North and to bring back the Lord Bothwell and the Lord Huntley The King of Spain's malice thus daily increaseth against us and seeketh also to stir up Sedition amongst us by his Instruments The number also of Papists daily increaseth or at least wise becomes more manifest My advice is that you would consult how to withstand such imminent dangers which the greater they be the sooner they would be looked into and remembred Wherefore I would desire M r Speaker that he would appoint some Committees of the sufficientest and wisest men in the House to consider thereon Sir John Wolley spake to the like Effect saying that upon the Cause of the danger the Realm was now in and of the remedy his Speech should consist which he likened to a natural Body in which the more danger the principal Member was in the greater means there should be used for the preservation thereof Roan being made now Admiral of France by the League should say that he was a poor Admiral now but yet he doubted not ' but that shortly he should be able to bring such a Navy as should terrify the Queen of England Also he shewed how the Princes of the Holy League had conspired the overthrow of the Realm the extirpation of Religion and the confusion of her Majesty and her Loyal Subjects And exhorted the House now because the season of the year groweth on which calleth many of the Knights and Burgesses to be in their Countries besides the Sickness being in the Town so that many of that House he thought knew not whether they lodged in Houses infected or not that they would seek to dispatch and end the Parliament so soon as might be He also shewed how the Dunkirkers trouled our Fishermen in small Barks upon the Sea-coasts And so that this matter might be Committed to some of the sufficientest in the House He also exhorted the House to a speedy agreeing of a Subsidy which considering the dangers we were in and that it was for our own good as also for her Majesty's he hoped that no good Subject but would willingly agree to it Also he shewed that the Wars with the King of Spain had cost her Majesty a Million of Money but this he avouched that where it cost her Majesty one it cost the King of Spain three Then Sir John Fortescue spake and said They that spake before me spake sufficiently of the Authors of our trouble of the great danger which is now imminent insomuch that as it is come to that point now Non utrùm imperare sed utrùm vivere I will speak of nothing but that which concerns my Calling Her Majesty not being only careful for the preservation of Her own Realm but of her Neighbours also she hath not only defended her own Subjects from being invaded but also hath aided Strangers which wanted Money with whom otherwise it would have gone ill by this time both with them and ourselves Insomuch that the burthen of four Kingdoms hath rested upon her Majesty which she hath maintained with her Purse England France Ireland and Scotland For how could the French King at his first coming to the Crown have held out against those Leaguers had not her Majesty assisted him with her Men and Money which hath cost her Majesty about a hundred thonsand pound For 't is well known that the French King had not been able to withstand the Duke of Parma's coming into France had it not been for our Englishmen and Money As for the Low Countries they have stood her Majesty in yearly since she undertook the defence of them one hundred and fifty thousand pound All which her Majesty bestowed for the good of the Realm to free us from War at home Besides when her Majesty came to the Crown she found it four Millions indebted her Navy when she came to view it she found greatly decayed Yet all this hath discharged and thanks be to God is nothing indebted and now she is able to match any Prince in Europe which the Spaniards found when they came to invade as Yea she hath with her Ships compassed the whole world whereby this Land is made famous throughout all places
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
that the Return of the Writ ought to have been returnned into the Court of Parliament but whether the Return be to be made into the Upper House or Lower House I know not For in many Cases we have divided Jurisdictions and the Upper House hath Jurisdiction by it self therefore if a Nobleman hath a Servant that were arrested they might make their Writ of Priviledge returnable before themselves and give him Priviledge And here in this House if one that is a Member of this House and have sate here be arrested sedente Parliamento we are to give him Priviledge But if he be taken before his coming hither it is not in our power to deliver him but we must have the assistance of other Courts in such Causes The use is such in other Causes If the Action be a Mahime whether this be a Mahime or no the Court will not judge until those that have Science in those things affirm it to be so And so when a matter Ecclesiastical or Grammatical is in question the opinion of Civilians or Grammarians is known before the Judgment is given So in this Court we ought to desire Instructions from the Judges of the Realm whether in this Cause by the Law we can grant priviledge or no. For Priviledge there be two Writs issuing out of this House the one is a general Corpus cum Causa and this is granted upon apparent cause of Priviledge as if a Member of the House be taken sedente Parliamento The other Writ is called a Writ of Parliament this is granted when the Cause is to be judged by the Parliament But whether Priviledge be to be granted to this party or no it is not apparent And in the Cause the Lord Keeper is not to be Judge But here the whole Record is to remain and we with the advice and opinion of the Judges are to consult if the party be to have priviledge Therefore seeing the Court hath Coercion in it self let us with the advice of the Judges proceed as we have power For if we give away our Coercion we give away our Jurisdiction M r Serjeant Harris said the Record remaining in Chancery this House is sufficiently possessed of it even as in Case of all the Returns of Knights and Burgesses M r Francis Bacon said The Return is well for the Return is an ensuing of the Writ that must be made under Seal As for taking the assistance of the Judges it is a good course for though we sit here to make Laws yet until the new Law is made the old Law is of force and our Conference with them gives away no resolution from us but taketh advice only from them M r Finch said in my opinion the Return should have been into this House For a Writ of Error sued here the Writ used to be returned hither as it appeareth in 3 E. 3. and 17 Edw. 3. and 1 H. 7. It would seem by Trewinnards Case 38 H. 8. that a Writ of priviledge is never returned but the party appearing the Court proceedeth M r Speaker desired to know of the House if for their better Information they would give him leave to speak which the House willingly granted Whereupon he said For the discharge of my own duty and informing of your Judgments who I know will judge wisely and justly I will deliver unto you what I have learned and what I have observed for ever since the lodging of this Parliament I have thought upon and searched after this Question not particularly for this Cause but this point the priviledge of the House for I judged it would come in question for many occasions The Question is drawn to two Heads the one about the Writ the other about the Return First Whether the Writ might have gone out of this House I will tell you plainly my opinion I beseech you let me not be ill thought of if I be rude in what I say for it is my fault I cannot speak so mildly as some but my manner is that which I speak I speak sharply and somewhat roundly but always with this tacite Condition submitting my self to any better reason that shall be shown me Though any Court of Record hath this Jurisdiction to make out Processes yet this Court cannot Why this may seem strange that every Court in Westminster every Court that hath Causes of Plea every Lords Leet and every Court Baron hath his power that they may make out Process yet this Court being the highest of all Courts cannot how can this be The nature of this House must be considered for this Court is not a Court alone and yet there are some things wherein this Court is a Court by it self and other things wherein it is no Court of it self To know then how we are one House and how we can be divided Houses this would give great light to the Question At the first we were all one House and sat together by a precedent which I have of a Parliament holden before the Conquest by Edward the Son of Etheldred For there were Parliaments before the Conquest This appeareth in a Book which a grave Member of this House delivered unto me which is Intituled Modus tenendi Parliamentum out of that Book I learn this and if any man desire to see it I will shew it him And this Book declareth how we all sat together but the Commons sitting in presence of the King and amongst the Nobles disliked it and found fault that they had not free liberty to speak And upon this reason that they might speak more freely being out of the Royal sight of the King and not amongst the great Lords so far their betters the House was divided and came to sit asunder A bold and worthy Knight at the time when this was sought the King desiring a reason of this their request and why they would remove themselves from their Betters Answered shortly That his Majesty and the Nobles being every one a great person represented but themselves but his Commons though they were but inferiour men yet every one of them represented a thousand of men And this Answer was well allowed of But now though we be divided in Seat be we therefore divided Houses No for if any Writ of Error be brought as you shall see a notable Case in 22 E. 3. this Writ must be returned in Parliament that is to the whole House and chiefly then to the Upper House for we are but a limb of the House Now where a Record is removed upon a Writ of Error given to another Court the manner is that the chief of that Court bring the Writ in his hand to the House But humbly sheweth unto the House that the Record being remitted out of the Court no Execution can go forth though the Judgment be affirmed The Court of Parliament thereupon maketh Transcript of the whole Record and returns the Record again to the Court but if the Judgment be reversed then the Record it self is
men not guilty will be included in it And that Law is hard that taketh life and sendeth into banishment where mens intentions shall be judged by a Jury and they shall be Judges what another means But that Law that is against a Fact is but just and punish the fact as severeley as you will If two or three thousand Brownists meet at the Sea at whose charge shall they be transported or whither will you send them I am forry for it I am afraid there is near twenty thousand of them in England and when they be gone who shall maintain their Wives and Children M r Finch said There be great faults in the Preamble and in the Body of this Bill It pretendeth a punishment only to the Brownists and Sectaries but throughout the whole Bill not one thing that concerneth a Brownist and if we make a Law against Barrowists and Brownists let us set down a Note of them who they are But as the Bill is not to come to Church or to speak against the government established this is not the opinion of the Brownists The Law that is intituled An Explanation is nothing else save that it hath a name of it For Laws Explanatory are no New Laws of themselves but part of the old for there ought to be nothing in the declaratory Law that was not in the former as appeareth in the Cause of Surnand and Stowell the Statute of 32 Hen. 8. being but an Explanation of 4. H. 7. This Law being allowed to be an Explanation of 25. maketh all the offenders in that Statute to be Traytors This Law excepts no Person So all are in the former penalties of that Law for 23 of Eliz. is only for such as are of the Romish Religion and now to make it include all the opinions is to make additions to that but no Explanations The Clause of speaking against the Law is very dangerous For who can be safe from this Non Hospes ab hospite tutus For if a man speak against Non-Residents Excommunication as it is used or any other abuse in the Church he incurs the danger of the Law The Clause against Conventicles is very dangerous For the Conference of any Persons together being of any number the Prayers of Holy Exercise being not allowable in any place by the Law is an assembling against the Laws for the words be very strict howsoever not contrary to the Law the offence is all one Now in the body of the Law the words Ecclesiastical are not such as be meant in primo of the Queen but such as are intended in this Statute And the annexing of the words He must be an obstinate Recusant and also write and speak c. This is very suspicious for Obscuris vera is never good Whosoever repaireth not to his own Parish Church is a Recusant within this Law Vide Apr. 6. die Veneris sequent Thus far out of the aforesaid Anonymous Journal the residue of this days passages and part of the next are transcribed out of the Original Journal-Book it self After which said Speeches touching the Bill of Explanation of the Branch of a Statute made in the twenty third year of the Queen for reducing of disloyal Subjects to their due obedience the said Bill in the end was committed unto all the Privy Council Sir Walter Raleigh Sir Henry Unton Sir Francis Hastings Doctor Jo. James Doctor Lewen M r Doctor Caesar Sir William Moore M r Francis Bacon M r Serjeant Harris M r Wroth Sir Thomas Cecill M r Finch M r Skinner M r Mainard M r George Moore Sir Henry Cocke M r Fuller Mr. Robert Knowls Sir William Knowls Sir Edward Dymock Sir Edward Stafford Mr. Edward Lewkenor Mr. Henry Brett Mr. Periam Sir Thomas Dennies Sir Robert Sydney Mr. Wroth Sir William Bowes Mr. Atie Mr. Helcroft Sir Thomas West Sir Matthew Morgan M r Berkeley Mr. Sands Mr. Boucher Mr. John Payton Sir Richard Molineux Mr. Tasborough Mr. Horsey Mr. Attorney of the Dutchy Mr. Finch Mr. Fuller Mr. Amersam Sir George Cary and Sir George S t Poole and the Bill was delivered to Mr. Treasurer who with the rest was appointed to meet in this House to Morrow at two of the Clock in the Afternoon Mr. Serjeant Owen and Mr. Attorney General do bring word from the Lords that their Lordships do pray Conference with some selected Members of this House to be held this Afternoon touching the Bill for the reviving continuance explanation and perfecting of certain Statutes lately passed this House and sent up to their Lordships and do shew that their Lordships for that purpose have made choice of twenty of themselves whereupon the said Mr. Attorney and Mr. Serjeant Owen being sequestred and the Message declared to the House by Mr. Speaker it was required by the House that forasmuch as the Bill last read was then and long before had been in dispute and Argument Answer thereof might be returned unto their Lordships that this House prayeth that a Committee of this House may rather wait upon their Lordships in the Afternoon for that the House is now occupied in Speeches and Arguments to a Bill which came into this House from their Lordships Which being so signified to the said M r Serjeant Owen and M r Attorney General accordingly shortly after M r Doctor Carey and M r Powle brought word from the Lords that their Lordships would be ready this Afternoon to confer with the Committees of this House in the Chamber next to the Upper House Which done it was Ordered that the former Committees of this House who had been nominated on Monday the 28 th day of March foregoing be appointed to attend their Lordships at the said time and place and a note of the Committees names were delivered to M r Treasurer On Thursday the 5 th day of April the Bill for true Assizing and marking of Timber was read the second time and committed unto M r George Moore M r Dalton M r Wroth M r Browne Sir John Hart and others and the Bill was delivered to the said Sir John Hart who with the rest was appointed to meet to Morrow at two of the Clock in the Afternoon in the Exchequer Chamber M r Serjeant Owen and M r Doctor Powle do bring from the Lords a Bill Intituled An Act for Explanation of the Statute made in the thirty fourth year of King Henry the Eighth as well touching Grants made to his Majesty as for Confirmation of the Letters Patents made by his Highness to others and do pray from their Lordships the speedy Execution of the same M r Vice-Chamberlain one of the Committees with the Committees of the Lords in the Bill for reviving continuing explanation and perfecting of certain statutes sheweth the meeting and Conference with the Committees of the Lords and that their Lordships have thought good to add some small Amendments to the said Bill and a Proviso also for her Majesties Prerogative in the point of Transportation of Corn as
being also three times read the said Bill with some Additions and Amendments passed upon the Question On Monday the 9 th day of April Wesselen Weblen Bear-Brewer and John Lightburn Serjeant at Mace Prisoners at the Bar are after admonition given them by M r Speaker discharged by the Order of this House of their Imprisonment paying their Fees Vide concerning this matter on Thursday the 5 th day and on Friday the 6 th day of this instant April immediately foregoing M r Chancellour of the Exchequer one of the Committees in the Bill for Explanation of a Statute made in the thirty fourth year of King Hen. 8. as well touching Grants made to his Majesty as for Confirmation of Letters Patents made by his Highness to others shewed the meeting of the Committees and that they have considered of some small amendments and shewed further that four several Provisoes were offered to them touching the said Bill one by M r Adams and one by M r ..... Tipper and one by M r Daws and so offereth both the Bill and the Amendments and the said former Provisoes also leaving all the same to the further consideration of this House Six Bills which last passed this House of which the first was the Bill for avoiding of deceit used in making and selling of twice laid Cordage and for the better preserving of the Navy of this Realm and the second for Mr. Anthony Cook were sent up to the Lords by Sir Robert Cecil and others Upon sundry arguments touching the Proviso offered by Sir Thomas Shirley to the Bill for Explanation of the Statute of 34 Hen. 8. c. it was upon the Question denied to be received and the Proviso for Mr. Stanhop was upon the Question and division of the House denied to be received with the difference of forty Persons viz. with the No one hundred twenty nine and with the Yea eighty nine Mr. Serjeant Owen and Doctor Carey do bring word from their Lordships that their Lordships do desire to know whether this House have any Bills ready to send up unto them shewing that their Lordships are now at good leisure And willed them to put this House in remembrance of the expediting of two Bills which were sent from their Lordships to this House viz. the Bill for Explanation of the Statute made in the thirty fourth year of King Hen. 8. a Bill touching Grants made to his Majesty as also for Confirmation of Letters Patents made by his Highness to others and the Bill for restraint of new Buildings c. Which Message being opened to the House Answer was made that one of the said Bills being presently in debate in the House should by and by be returned unto their Lordships The Bill for Explanation of the Statute made in the thirty fourth year of King Hen. 8 as well touching Grants made to his Majesty as for Confirmation of Letters Patents made by his Highness to others was read the third time and passed upon the Question and was presently sent up to the Lords by Mr. Vice-Chamberlain and others Mr. Fuller one of the Committees in the Bill for restraint of new Buildings and converting of great Houses into several Tenements and restraint of Inmates and Inclosures in and near the Cities of London and Westminster who had been appointed on Friday the 6 th day of this instant April foregoing shewed the meeting and Travel of the Committees and their Opinions for leaving out of one Clause in the Bill and gave the Reasons which being liked of and allowed by the House the Bill was read the third time and after many Arguments both for the Bill and against the Bill it passed upon the Question On Tuesday the 10 th day of April Sir John Hart one of the Committees in the Bill concerning Coopers appointed on Saturday the 24 th day of March foregoing brought in the Bill again as not dealt in by the Committees for lack of convenient time The Bill for restraint of new building converting of great Houses into several Tenements and for restraint of Inmates and Inclosures in and near unto the Cities of London and Westminster with one amendment to the same Bill was sent up to the Lords by M r Treasurer Sir John Wolley and others with a remembrance to move their Lordships for sending down the Bill for the Grant of three intire Subsidies and six Fifteenths and Tenths granted by the Temporalty to the end M r Speaker may this Afternoon present the same unto her Majesty according to the former accustomed usage of this House M r Serjeant Owen M r Attorney General and M r Powle do bring from the Lords an Act intituled An Act for the Queens Majesties most Gracious general and free Pardon The Bill intituled an Act for the Queens Majesties most gracious general and free Pardon was read and then passed upon the Question and was presently sent up to the Lords by Mr. Chancellor of the Exchequer and others Post Meridiem This day in the Afternoon the Queens Majesty came into the Upper House of Parliament and there sitting in her Royal Throne M r Speaker accompanied with the Knights Citizens and Burgesses of the House of Commons repaired unto the said Upper House where making an Excellent Oration unto her Highness and giving unto her Majesty most humble thanks on the behalf of this House for her Highness most gracious and favourable acceptation of their dutiful service and offering unto her Majesty in their names the Act for three intire Subsidies and six Fifteenths and Tenths her Highness gave the Royal assent to fourteen publick Bills and thirteen private Bills and so dissolved this Parliament THE JOURNAL OF THE House of LORDS An exact and perfect Journal of the House of Lords 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 Journal of the House of Lords and all the rest that have since followed both the Queens Reign and in the Reigns of King James and King Charles her Successors unto this present year 1629. have been more exactly and largely taken than before For Thomas Smith Esquire now succeeding unto Anthony Mason Esquire formerly Clerk of the said House of Lords was much more careful in observing and setting down the dayly passages thereof this Parliament than the said M r Mason had been In which the said Sir Thomas Smith's successors for he was afterwards Knighted have much exceeded him also by the large and diligent digesting of the particular agitations of every day upon which the said House did sit Only the Return of the Proxies as is presently more fully declared was more distinctly entred by the abovenamed M r Anthony Mason than hath been since accustomed At this Parliament also there succeeded a new Lord Keeper For Sir John
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
Petition by her Commandment and direction it was sent unto the Lords into the Upper House by Sir Robert Cecill then her Majesties Secretary and endorsed on the back side thus in his own hand Her Majesty hath commanded me to signifie unto your Lordships that upon the humble Suit of the Lord de la Ware she is pleased this Petition be considered and determined in the House Robert Cecill Which Petition being this 5 th day of November sent unto the House was there read as followeth To the Queens most Excellent Majesty BEseecheth your most Excellent Majesty your most humble Subject Thomas le Ware K r That whereas Thomas sometimes Lord Le Ware Ancestor and great Grandfather of your said Subject whose Heir Male he is That is to say your Subject is Son and Heir to William who was Son and Heir to George who was Brother and Heir to Thomas who was Son and Heir to the said Thomas your Subject's great Grandfather in the third year of the Reign of King Henry the Eighth your Noble Father by Writ of Summons of Parliament of the said King Henry the Eighth came to the Parliament then holden at Westminster in the said third year and so continually the said Thomas the great Grandfather and his Heirs Males Ancestors of your Suppliant in many other Parliaments holden as well in the time of the said King Henry the Eighth as in the time of your Noble Brother King Edward the Sixth and in the time of your Dear Sister Queen Mary have come in their proper persons by their Writs and Commandment until the Parliament holden at Westminster in the first and second years of King Philip and Queen Mary which was after the Death of the said Thomas your Suppliants great Grandfather and of Thomas his Son that had not any Issue of his Body and of the said George who died in the Life of his Brother Thomas the said William Father of your Suppliant being the Son and Heir of the said George and Heir Male to his said great Grandfather to which Parliament he was not summoned for that he stood by Act of Parliament holden before at Westminster in the third year of the said Edward the Sixth disabled to claim and enjoy the dignity of the Seigniory of the Lord La Ware during his Life and the said William being now dead your said Suppliant is come to this present Parliament in his proper person by your Writ and Commandment May it please your most gracious Majesty to consider the Premisles and thereupon to Grant and Ordain by advice of your most wise Council in this present Parliament Assembled That your said Suppliant may have his place in this present Parliament in your presence as his Ancestors Lords La Ware have had in the said Parliament before this time This Petition being read it was referr'd to these Committees following viz. The Lord Treasurer the Earl of Nottingham Lord Admiral the Earl of Shrewsbury the Lord Bishop of London the Lord Bishop of Winton the Lord Zouch the Lord Stafford the Lord Windsor the Lord Shefsield the Lord North the Lord S t John of Bletso the Lord Buckhurst Sir Edmund Anderson Knight Lord Chief Justice of the Common-Pleas Sir William Perriam Lord Chief Baron and Edward Coke the Queens Attorney who were appointed to meet at the Council-Chamber in Whitehall on Sunday the 6 th day of November at two of the Clock in the Afternoon Where what they did and what Judgment the Lords and the whole House gave in this Case followeth afterwards on Thursday the 10 th of this instant November and on Monday the 14 th day of the same On Monday the 7 th day of November to which day the Parliament had been last continued the Bill for the speedy satisfaction of her Majesty against Accomptants was read secundâ vice and committed unto the Lord Archbishop of Canterbury the Lord Treasurer the Lord Admiral the Earl of Northumberland the Earl of Shrewsbury and the Earl of Worcester the Bishop of London the Bishop of Winchester and the Bishop of Norwich the Lord Zouch the Lord North and the Lord Buckhurst the Lord Chief Justice of England M r Baron Evans and M r Attorney General to attend the Lords appointed to meet at the Little Council-Chamber at Whitehall to Morrow being the 8 th day of November at four of the Clock in the Afternoon See more of this on Monday the 14 th of November following Nota That here upon the Commitment of an ordinary Bill the Judges are said to be appointed to attend the Committee of the Lords and are not nominated as Joint-Committees with them which is usually to be seen in every former Parliament almost of her Majesties Reign and therefore it should seem that either the Lords of the Upper House themselves did alter and abolish the said ancient Priviledges which the Judges had of being constituted Joint-Committees with them in respect that they were no Members of but only Assistants unto the said Upper House or else that Thomas Smith Esquire now Clerk of the said House was more careful and diligent in the distinct and exact setting down that the said Judges were not nominated as Joint-Committees but only to attend such Lords Committees as were appointed by the said House which Anthony Mason Esquire his Predecessor in the said place had for the most part neglected to distinguish And yet the said M r Mason may in some sort be justly excused of any universal or continual carelessness in this kind in respect that where the Lords Committees were appointed either to treat with the Committees of the House of Commons or by themselves about any matter of weight there the Judges and her Majesties Learned Councel are always set down as appointed to attend the said Lords Committees But when an ordinary Bill only was committed upon the second reading and especially if it concerned matter of Law there the Judges for the most part and sometimes also the Queens Learned Councel were nominated as Joint-Committees with them But whatsoever the usage hath been in former times most certain it is that not only in this present Parliament but in all that have been since unto this present year 1629. the said Judges being Assistants unto and the King 's Learned Councel being Attendants upon the said Upper House have never been nominated as Joint-Committees with their Lordships but have always been appointed to attend them And which may make it seem the more strange Whereas the Judges have liberty in the said Upper House it self upon leave given them by the Lord Keeper or the Lord Chancellor for the time being to cover their heads at a Committee they are now always accustomed to sit bare and uncovered which said course finally was constantly observed during all the continuance of this present Parliament as may appear not only by the instance foregoing but by those many other Committees which followed on Thursday the 24 th day of this instant November on
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
sent to the House of Commons by M r Attorney and M r D r Carew The Bill for the relief of the poor in times of extream dearth of Corn was read secunda vice and referr'd to these Committees following viz. The Lord Archbishop of Canterbury the Lord Burleigh Lord Treasurer the Earl of Nottingham Lord Admiral of England the Earl of Northumberland the Earl of Shrewsbury the Earl of Worcester the Earl of Southampton the Bishop of Winchester the Bishop of Coventry and Litchfield the Bishop of Hereford the Bishop of Bath and Wells the Bishop of Norwich the Bishop of Chester the Lord Hunsdon Lord Chamberlain the Lord Zouch the Lord De la Ware the Lord Cobham the Lord Mountjoy the Lord Darcy the Lord Windsor the Lord North the Lord Chandois the Lord S t John the Lord Buckhurst The two Chief Justices the Lord Chief Baron M r Justice Gaudy M r Serjeant Drew and M r Attorney General to attend the Lords Vide plus antea November 7 th Monday These Committees to meet at the little Council Chamber at the Court of Whitehall on Saturday next being the 10 th day of this instant December at two of the Clock in the Afternoon The Bill for erecting of Houses of Correction and for punishment of Rogues Vagabonds and Sturdy Beggars was read secunda vice and referr'd to the Committees for the former Bill and the same time and place appointed for meeting And also Authority was given to the said Committees to call such of the House of Commons unto them at this meeting as they should find cause to confer withal for the better perfecting of the Bill Three Bills also of no great moment had each of them one reading of which the last being the Bill for Arthur Hatch her Majesties Ward for the enjoying the Rectory or Parsonage of South Molton according to an Agreement thereof had c. was read secundâ vice Upon which reading it was Ordered that all parties whom this Bill may concern either on the part of M r Hatch or against him shall be heard openly in the House upon Monday next the 12 th day of this instant December by their Councel Learned and all specialties concerning the same to be then produced to the end it may be considered whether it shall be convenient to pass this Bill or no M r Serjeant Drew and M r Attorney being appointed by the Lords to inform themselves against that time whether any thing be contained in the Bill that may prejudice the poor Knights of Windsor and to make Report thereof accordingly on the part of the said poor Knights Vide December 12 th postea The Bill lastly for the establishing of the Possession of Sir Henry Unton Knight lately deceased and for payment of his Debts was read secunda vice A Motion was made by some of the Lords and approved by the House that there should be respite of some days taken before the third reading for any such Party or Parties as the Bill concerneth and namely any of the Wentworths to come to the House and alledge if they find cause why the Bill should not proceed And the next Tuesday was assigned for this purpose 〈◊〉 〈◊〉 the Knight Marshal's Man that arrested John York the Lord Archbishops Servant was brought before the Lords this day by the Serjeant at Armes and being found upon his Examination before the Lords to have wilfully offended therein against the priviledge of the House was committed to the Prison of the Fleet there to remain till their Lordships should give direction for his enlargement Vide concerning this matter on Wednesday the 14 th day of this instant December following On Friday the 9 th day of December Four Bills of no great moment had each of them one reading of which the first being the Bill for establishing of the Hospital of Queen Elizabeth in Bristol and for relief of the Orphans and Poor there was read secundâ vice upon the reading whereof some Amendments were thought sit by the House to be added which were presently drawn and agreed upon by the same House which being twice read the Bill with the said Amendments were Ordered to be ingrossed Seven Bills were brought up to the Lords from the House of Commons of which the first being the Bill that the Lord Mountjoy may dispose of his Lands whereof he is Tenant in Tail by the Laws and Statutes of this Realm as other Tenants in Tail may do a private Statute made 27 Hen. 8. to the contrary notwithstanding was with three other of the said Bills being of no great moment read primâ vice The fifth was the Bill for repairing the Bridges of Newport and Carlioll in the County of Monmouth The sixth was for the establishing the Town Lands of Wanting in the County of Berks which Bill was returned with allowance of the Proviso so added by their Lordships after the same was presented by the House of Commons And the seventh and last was the Bill for the establishment of the new Colledge of the poor at Cobham in the County of Kent which was returned into the House without any Alteration On Saturday the 10 th day of December Three Bills of no great moment were each of them read tertiâ vice of which the first being the Bill for the erecting of Hospitals or abiding and working Houses for the Poor with another Bill of no great consequence which had been formerly sent up from the House of Commons to their Lordships were now with some Amendments sent down again from them to the said Commons by Serjeant Drew and Doctor Stanhop The Bill Entituled An Act against Forestallers Regraters and Engrossers was returned into the House by the Committees who were appointed on Monday the 15 th day of this instant December foregoing although their names and the Commitment of the said Bill upon the second reading be there omitted as a matter of small consequence with some Amendments which were twice read and Ordered to be ingrossed Three Bills of no great moment had each of them one reading of which the first being the Bill that the Lord Mountjoy may dispose of his Lands as other Tenants in Tail by the Laws and Statutes of this Realm may do a private Statute made An. 27 H. 8. to the contrary notwithstanding was secunda vice lect Upon the Motion of the Lord Marquess of Winchester It was Ordered that the Cause should be heard openly in the House upon Monday Morning next by the Learned Councel on both sides Vide Decemb. 12. sequen Three Bills also of no great moment were sent up to the Lords from the House of Commons of which the first was the Bill for the better and safer recording of Fines to be levied in the Court of Common Pleas and was returned and allowed by the said House of Commons without any Alteration On Monday the 12 th day of December to which day the Parliament had been last continued on Saturday foregoing a Motion and request was
accordingly the same persons who before had been sent to demand satisfaction But being come into the House and having placed themselves at the lower end of the said room as at other times they accustomed except the Lord Keeper and the rest of the Lords would come from their places and meet them at the Bar to deliver them Answer the Lord Keeper moved them to come nearer to receive Answer And when they perceived that the Lords were resolved not to come from their places to the Bar they protested by the Mouth of Sir William Knolles that they had no Commission to receive Answer in that form And so refusing to receive any Answer departed The question and difference thus remaining betwixt the Houses it was afterwards upon a Motion sent down from the Lords to the House of Commons agreed on both parts that a Conference should be had and that the aforesaid selected persons of the said House of Commons or so many of them as should be needful should meet with divers of the Lords of the Upper House being nominated by the House for that purpose in the outward great Chamber before the Chamber of Parliament presence to debate the matter and bring it to a conclusion Which Meeting and Conference being assented unto and afterwards accordingly there performed on the .... of January and the Questions debated and the reasons and observation of former time for the aforesaid Order and Custom of the House being alledged by the Lord Archbishop of Canterbury the Lord Burleigh Lord Treasurer the Earl of Nottingham Lord Admiral the Lord North and the Lord Buckhurst that had been present in many Parliaments and especially by the Lord Treasurer the most ancient Parliament Man it was found and observed that the Order and Custom of the House was as is before written videlicet 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 to 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 to be 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 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 thereupon the House of Commons was satisfied and the same form was afterwards kept accordingly On Friday the 20 th day of January the Answer that came yesterday from the House of Commons to the Objections taken by their Lordships to some points of the Bill Intituled An Act for the encrease of people for the service and defence of the Realm was by the Order of the House referr'd and delivered to the Lords Committees formerly appointed upon that Bill on Tuesday the 20 th day of December foregoing who were required to consider thereof and to make their Report of their Opinions concerning the same The Bill for punishment of Rogues Vagabonds and Sturdy Beggars was read primâ vice A former Bill of that nature having been rejected in the House of Commons The Bill for the maintenance of Husbandry and Tillage was read tertiâ vice and the Amendments and Proviso were thrice read together with the Bill and were sent down to the House of Commons for their consideration of the Amendments and Proviso by M r Attorney General and M r D r Stanhop The Bill for reforming of sundry abuses committed by Souldiers and others in her Majesties Services concerning the Wars was read primâ vice A former Bill of this nature having been considered of by the Committees was by them refused for many defects found therein and this preferr'd to the House instead thereof The House having not time to hear the Councel Learned on the behalf of George Ognell and those that follow the Bill for the Hospital of Warwick as was formerly appointed a new time was appointed for the hearing of the same viz. on Monday Morning next being the 23 th day of this instant January Four Bills were brought up to the Lords from the House of Commons by Sir William Knolles and others of which the first being the Bill to reform deceit and breaches of Trust touching Lands given to Charitable uses was read primâ vice On Saturday the 21 th day of January Four Bills of no great moment had each of them one reading of which the second being the Bill for repealing of a branch of a Statute made in the thirty fourth year of Hen. 8. Intituled the Ordinance of Wales was read secunda vice and committed unto the Archbishop of Canterbury the Lord Marshall the Earl of Shrewsbury the Earl of Worcester the Bishop of Worcester the Bishop of Landaff the Bishop of Chester the Lord La Ware the Lord Rich the Lord Chandois and the Lord Compton and the Lord Chief Baron and M r Baron Evers to attend their Lordships Vide concerning this Attendance of the Judges upon the Lords Committees on Monday the 7 th day of November foregoing The parties on both sides concerning the Bill of Edward Mollineux were openly heard by their Councel and thereupon the said Bill was referr'd to Committees c. Vide touching this Bill on Tuesday the 13 th day and on Saturday the 17 th day of December foregoing On Monday the 23 th day of January to which day the Parliament had been last continued on Saturday foregoing Three Bills of no great moment had each of them one reading of which the first being the Bill for establishing a Jointure to Anne Lady Wentworth was read primâ vice Five Bills were brought up to the Lords from the House of Commons of which the first being the Bill for Naturalizing of certain Englishmens Children and others born beyond the Seas was returned with the allowance of the Amendments expedited And the third for repressing of offences that are of the nature of stealth and are not Felonies by the Laws of the Realm was likewise returned with allowance of the Amendments expedited Committees were appointed to confer with a competent number of the House of Commons concerning the Bill Intituled An Act for the encrease of people for the service and defence of the Realm and the meeting desired to be to Morrow Morning the 24 th day of this instant January before the House sit which the House of Commons Assented unto viz. the Earl of Shrewsbury the Lord Viscount Bindon and others The Committees that were appointed for Conference the 12 th day of December foregoing upon the Bill concerning Tellors Receivors c. were now appointed to meet adding unto them the Earl Marshal to Morrow c. the meeting also assented
Serjeant Harris and Serjeant Heyle were added unto them M r Simnell one of the Committees in the Committee touching the abuses for Licences for Mariages without Banes appointed on Friday the 11. day of this instant November foregoing shewed that the Committees have met together but did not conclude of any thing by reason that it was doubtful whether they were to treat of that matter only or else both of the same and also touching the stealing away of Mens Children without assent of their Parents and touching the abuses in the Probates of Testaments and Processes ex Officio by Ecclesiastical Officers in matters of the same being before several propounded at the Motion of sundry Members of this House Sir John Fortescue Chancellor of the Exchequer shewed that her Majesty did yesterday last call Mr. Secretary and himself unto her and telling them that her Highness had been informed of the horrible and great incestuous Marriages discovered in this House and minding due punishment and redress of the same commanded them to take information of the grievances in particular of the Members of this House that her Highness having certain notice thereof may thereupon give order for the due punishment and redress accordingly Whereupon after sundry other Speeches tending to sundry courses but yet most of them very well liking and approving the said Message delivered to this House therein from her Majesty by the said Mr. Chancellor it was in the end resolved that the former Committees who were appointed on Friday the 11 th day of this instant November foregoing to draw a Bill for reformation of abuses occasioned by Licences granted for Marriages without Banes asking should meet this Afternoon in the Exchequer Court at two of the Clock for that purpose and that Sir Thomas Cecill Sir Francis Hastings Sir Robert Wroth Sir Edward Hobby Mr. Robert Wingfield Mr. Fulk Grevill Mr. Nathaniel Bacon Mr. Symnell Mr. George Moore Mr. Francis Bacon Mr. Francis Goodwyn Sir Edward Hastings Sir Henry Worth Sir Anthony Cope Sir William Moore Mr. Hexte Sir John Sudmore Mr. Finch and Mr. Francis Moore should receive Informations of the grievances touching Ecclesiastical Causes this day moved in the House and should meet to that purpose upon Friday next at two of the Clock in the Afternoon in the Exchequer Chamber Vide Nov. 16. M r Francis Bacon one of the selected Committees concerning Inclosures and Tillage moved for a time to be appointed for the same selected Committees to impart their travels therein to the general Committees who were appointed in the same Cause upon Saturday the 5 th day of this instant November foregoing to the end that thereupon the same may afterwards be reported unto this House accordingly Whereupon it was Ordered that they should for that purpose meet in this House to Morrow next at two of the Clock in the Afternoon M r Francis Moore one of the Committees in the Bill against Forestallers Regrators and Ingrossers c. shewed the meeting of the Committees in that Bill and some Amendments by them made in the same and so delivereth in the same Bill so amended The Bill for repressing of Robberies and touching Huy and Cry was read the second time and upon the question for Commitment was denied to be committed and upon another question for the ingrossing was denied to be ingrossed and so rejected On Tuesday the 15 th day of November Five Bills of no great moment had each of them one reading of which the first being the Bill for extirpation of Beggars was read the first time Sir Robert Wroth one of the Committees in the Bill for Repeal of the Statute of the 23 d year of the Queen Intituled An Act for encrease of Mariners and for maintenance of Navigation who were appointed on Thursday the 10 th day of this instant November foregoing brought in the Bill with some Amendments made by the Committees which Amendments being twice read in the House the Bill was afterwards and after some Speeches against the Bill Ordered to be ingrossed upon the question M r Serjeant Drew and M r D r Stanhop do bring from the Lords the Bill lately passed in this House for the taking away of Clergy from Offendors against the Statute made 3 Henr. 7. concerning the taking away of Women against their Wills unlawfully which Bill their Lordships have also passed with a Proviso thereunto annext The Bill concerning the establishing of the Town-Lands of Wanting in the County of Berks was read the third time and passed upon the question M r Chancellor of the Exchequer putting the House in remembrance of the Speech delivered unto this House by the Lord Keeper upon the first day of this present Parliament by her Majesties direction touching the Causes of her Highnesses calling of this Parliament and shewing at large her Majesties great and excessive Charges sustained for the defence of her Highnesses Realms and Dominions against the force of the King of Spain amounting to more than a treble value of the last three Subsidies and six Fifteenths and Tenths granted unto her in the last Parliament and declaring further the great necessity of some Mass of Treasure to be provided towards the supply of her Highness Charges in the continuation of the maintenance of her Majesties Forces in defence of her Highness Realms Dominions and Subjects against the Forces and Invasions of the said King of Spain and further referring the particularities of the designs and attempts of the said King of Spain since the last Parliament to be reported unto this House by M r Secretary moved for a selected Committee of this House to be nominated to treat and consult concerning that matter M r Secretary Cecill shewed at large the purposes practices and attempts of the said King of Spain against her Majesty and her Realms Dominions and Subjects in divers sorts and at sundry times together with his great overthrows in the same by the mighty hand of God and of her Highnesses Forces to his perpetual ignominy and great dishonour throughout the whole World And so after a large discourse most excellently delivered by him concluded with a Motion for proceeding to the said Committees Whereupon some Speeches being had to that end by Sir Edward Hobby and Mr. Francis Bacon It was agreed that all the Privy-Council being Members of this House all the Knights returned for the Counties into this present Parliament and all Citizens for Cities returned into this House should meet about the said business on Friday next at two of the Clock in the Afternoon in this House and any other of this House then to come to them also at their pleasures that will Vide plus on Wednesday the 7 th day of December following On Wednesday the 16 th day of November Four Bills had each of them one reading of which the last being the Bill for the Town of Northampton was upon the second reading committed unto the Knights for the County of Northampton and the Burgesses for the
Town of Northampton Mr. Edward Mountague Sir Edward Hobbie and others And the Bill was delivered to Sir Thomas Cecill All which were appointed to meet at two of the Clock in the Afternoon of this day at Sir Thomas Cecill's House Sir Edward Hobby one of the Committees for the Information of Grants lately moved in this House in Ecclesiastical Causes moved for a new day of meeting Whereupon Monday next in the Afternoon was appointed for the same and to be in this House Nota That although her Majesty had formerly been exceeding unwilling and opposite to all manner of Innovations in Ecclesiastical Government yet understanding at this Parliament of divers gross and great abuses therein she had on Monday the 14 th day of this instant November foregoing not only given leave and liberty to the House of Commons to treat thereof but also had encouraged them to proceed in the reformation thereof by a Message brought unto the said House by Sir John Fortescue Chancellor of the Exchequer Whereupon the aforesaid Committee here mentioned by Sir Edward Hobby was appointed Touching whose further proceedings in the said matter see on Monday the 21 th and on Tuesday the 22 th day of this instant November ensuing The Bill for keeping of Horses from stealing was upon the second reading committed unto M r Hubberd Sir Robert Wroth M r Maynard M r Portington Sir William Brereton M r Henry Nevill M r Pennington and others And the Bill and Committees names were delivered to M r Hubberd who with the rest was appointed to meet to Morrow in the Afternoon in the Middle-Temple Hall The Amendments in the Bill against Forestallers Regrators and Ingrossers were twice read and the Bill was committed to the former Committees who were appointed to meet on Monday the 7 th day of this instant November foregoing And there were added unto them M r Hext Sir Robert Wroth M r Francis Moore M r Litton M r Henry Maynard Sir George Carew M r Henry Hubberd all Barons of Ports and Sir Nicholas Parker who were appointed to meet to Morrow in the Afternoon in the Middle-Temple Hall And the Bill was delivered to M r Francis Moore and M r Lawrence Hide The Proviso which came from the Lords in the Bill from taking Clergy from certain Offendors and lately passed in this House and sent up unto their Lordships was three times read and passed upon the question M r Hext one of the Committees in the Bill for the Town of Langford Estover who were appointed on Thursday the 10 th day of this instant November foregoing shewed the meeting of the Committees and many Causes wherefore he thinketh the Bill very unmeet to have any passing in this House Whereupon none offering to speak for the said Bill the same was rejected upon the question for ingrossing The Bill for repeal of a Statute of the twenty third of the Queens Majesty Intituled An Act for encrease of Mariners and maintenance of Navigation had its first reading And after some Speeches both with the Bill and against it it was in the end passed upon the question Sir John Fortescue Chancellor of the Exchequer shewed unto the House that this Afternoon being appointed for two Commitments the one touching Monopolies and Patents of Priviledge and the other for the true Answering of the Tenths and Subsidies from the Clergy to her Majesty in both which himself is a Committee amongst others and that himself and M r Secretary Cecill are specially commanded to wait upon her Highness this Afternoon and therefore cannot attend the said Commitments and so moving for a new day of meeting wished the same to be upon Saturday next at two of the Clock in the Afternoon Which albeit it was well liked of and yielded unto by some yet was it over-ruled by number of Voices That as concerning the said Monopolies and Patents of Priviledge the said Commitments should be continued to be held in the Afternoon of this present day in this House Vide plus touching this business on Tuesday the 8 th day of this instant November foregoing On Thursday the 17 th day of November Two Bills of no great moment had each of them one reading of which the last concerning the Lands and Debts of Sir Henry Unton Knight deceased had its first reading M r Thomas Jewks is added to the former Committees for Examination of Priviledges and Returns who were appointed on Saturday the 5 th day of this instant November foregoing and are to meet this Afternoon in the Middle-Temple Hall The Bill also for erecting of Houses of Correction and the punishment of Rogues and Sturdy Beggars was read the first time On Friday the 18 th day of November Twelve Bills had each of them one reading of which the last being the Bill for erecting of Hospitals or abiding or Working-Houses for the Poor was upon the second reading committed unto Sir John Hart M r Recorder of London M r Tasbrough all the Readers of the Middle-Temple M r Boyce M r Henry Bellasis and others And the Bill was delivered with the Committees names to the said M r Boyce who with the rest was appointed to meet this Afternoon at two of the Clock in the Middle-Temple Hall M r Francis Moore one of the Committees in the Bill against Forestallers Regrators and Ingrossers who were appointed on Monday the 17 th day of this instant November foregoing shewed that the Committees have withdrawn out of the said Bill those points that concerned Corn Grain and other Victuals and have framed a new Bill for that purpose Intituled An Act to make void Contracts upon Ingrossing of Corn Grain or Victual which had its first reading And the old Bill for as much thereof as was not withdrawn was upon the question Ordered to be ingrossed Sir Francis Hastings M r Francis Bacon and M r Secretary moved touching the further preparing of the Bills for the re-edifying of Houses and encrease of Tillage Whereupon after some other Speeches it was resolved that the Committees therein should meet again for the same this Afternoon in this House The Bill against dying of Cloths with black Wood alias Logwood was upon the second reading committed unto the Citizens for London York Coventry Canterbury Bristol the Burgesses of Hull and Redding M r Finch and others And the Bill was delivered to Sir John Hart who with the rest was appointed to meet in the Guild Hall upon Tuesday next at two of the Clock in the Afternoon M r Sherley one of the Committees for continuance of Statutes who were appointed on Friday the 11 th day of this instant November foregoing shewed that the greater number of the residue of the Committees being Yesterday imployed in sundry other Committees could not be present at the same Committee and so prayed another day of meeting Whereupon Monday next at two of the Clock in the Afternoon was appointed at the former place viz. the Inner-Temple Hall The Bill to restrain the carrying of Worsted-Yarn
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
only for Order to leave some short Memorial of them in the Journals of the House of Commons Now follows the continuance of the Parliament out of the Original Journal-Book of the Upper House where it is Entred in these words viz. Dominus Custos magni Sigilli ex mandato Dominae Reginae continuavit praesens Parliamentum usque in diem Jovis quintum Mensis Novembris After which as is set down in the foresaid private Journal room being made the Queen came through the Commons to go to the great Chamber who graciously offering her hand to the Speaker he kist it but not one word she spake unto him and as she went through the Commons very few said God save your Majesty as they were wont in all great Assemblies and so she returned back again to Whitehal by Water Now follow the next days Passages out of the Original Journal-Book of the Upper House On Thursday the 5 th day of November to which day the Parliament had been last continued on Friday the 30 th day of October foregoing were two Bills read of which the first being for Assurance of Lands and the second for the restraint of the excessive and superfluous use of Coaches within the Realm of England were each of them read primâ vice On Saturday the 7 th day of November the Bill for Assurance of Lands was read secunda vice and committed unto the Archbishop of Canterbury the Lord Treasurer the Earl of Nottingham the Earl of Worcester the Earl of Cumberland the Earl of Lincoln the Lord Bishop of London the Lord Bishop of Durham the Lord Bishop of Winchester the Lord Zouch the Lord Cobham the Lord Grey the Lord Rich the Lord Howard of Walden and the Lord Chief Justice of her Majesties Bench the Lord Chief Justice of the Common Pleas the Lord Chief Baron and M r Attorney General were appointed to attend their Lordships The Bill to restrain the excessive use of Coaches within this Realm of England was read secundâ vice and rejected Hereupon Motion was made by the Lord Keeper that forasmuch as the said Bill did in some sort concern the maintenance of Horses within this Realm consideration might be had of the Statutes heretofore made and Ordained touching the breed and maintenance of Horses And that M r Attorney General should peruse and consider of the said Statutes and of some fit Bill to be drawn and prefer'd to the House touching the same and concerning the use of Coaches And that he should acquaint therewith the Committees appointed for the Bill before-mentioned for Assurance of Lands Which Motion was approved by the House The Bill for the preservation of Pheasants and Partridges was read primâ vice On Tuesday the 10 th day of November Two Bills had each of them one reading of which the second being the Bill for preservation of Pheasants and Partridges was read secundâ vice and committed unto the Archbishop of Canterbury the Lord Treasurer the Earl of Nottingham the Earl of Northumberland the Earl of Derby the Earl of Worcester the Earl of Cumberland the Earl of Pembrook and divers others to attend the Lords Vide concerning this attendance of the Judges upon the Lords Committees on Thursday the 3 d day of this instant November foregoing who were appointed to meet at the Little Chamber near the Parliament presence and the Bill was delivered to the Archbishop of Canterbury On Thursday the 12 th day of November to which day the Parliament had been last continued on Tuesday foregoing The Bill concerning Musters Souldiers and other things appertaining thereunto was read secundâ vice and committed unto the Archbishop of Canterbury the Lord Treasurer and divers other Lords both Spiritual and Temporal And the Lord Chief Justice of England the Lord Chief Justice of the Common Pleas M r Justice Walmesley M r Justice Warberton M r Serjeant Yelverton and M r Attorney General were appointed to attend the Lords Two Bills were brought up to the Lords from the House of Commons by Sir William Knolles and M r Secretary Herbert of which the first being the Bill against fraudulent Administration of Intestates goods was read primâ vice The Bill for Assurance of Lands was this day returned to the House with certain Amendments by the Lord Archbishop of Canterbury the first of the Committees which Amendments were presently twice read and thereupon the Bill was appointed to be ingrossed Memorandum That upon the reading of the said Amendments the Lord Bishop of London one of the Committees did offer to speak unto the Bill or unto the said Amendments Whereupon a doubt was moved by the Earl of Nottingham Lord Steward whether it were agreeable to the good Order and Antient Custom of the House that the said Lord Bishop being one of the Committees and dissenting from the rest in some matter either of the Bill or of the Amendments might speak thereunto upon the bringing in and presenting of the Amendments or no. Which doubt being upon this occasion propounded in generality to the House by the Lord Keeper and put to the question It was adjudged and resolved by the major part That any Committee might speak in like case either to the body of the Bill or to the Amendments upon the bringing in of the same before it be ingrossed Upon which resolution Order was given to the Clerk of the Parliament that a remembrance or observation thereof should be Entred in the Journal-Book for the resolving and clearing of the like doubt if it should happen hereafter And thereupon after the reading of the Amendments the said Lord Bishop of London proceeded to his Speech and the Bill was appointed to be ingrossed as aforesaid Vide in the Parliament de an 39 Regin Eliz. on Tuesday the 24 th day of January Memorandum Report was made unto the House by the Lord Zouch of one William Hogan an Ordinary Servant of the Queens Majesty Arrested and Imprisoned upon an Execution by one John Tolkerne since the beginning of the Parliament And a Motion was likewise made by his Lordship to know the Judgment and resolution of the House in this point whether any Ordinary Servant of her Majesty though he be none of the Parliament be not priviledged and protected from Arrest during the time of the Parliament by vertue of his said Service to her Majesty in like sort as the Servants of the Lords of the Parliament attending the said Lords their Masters are priviledged and freed for that time from any Arrests of their Persons And withal being Arrested upon Execution whether in this Case he may by good Order of this House be discharged Which Motion and doubt the Lord Zouch professed that he did the rather propound because though there were divers Examples of former times touching the Servants of the Lords of the Parliament the like to this concerning one of the Queens Servants had not been so far as was remembred brought in question heretofore And therefore it pleased the Lords to take
knowledge of this Motion and to give Order that Tolkerne should be sent for at whose Suit the Arrest was made And withal that such Precedents as the Clerk of the Parliament could shew should be looked out and made known to the House Vide plus concerning this matter on Monday the 23 th day of this instant November following On Saturday the 14 th day of November to which day the Parliament had been last continued on Thursday foregoing by occasion of sending for the aforesaid Tolkerne request was made by M r Conisbie Gentleman Usher to the House and signified by the Mouth of the Earl of Nottingham Lord Steward That for as much as the bringing of any person before the Lords upon breach of the Priviledge of the House did appertain as the said M r Conisbie supposed and alledged to his place though in the last Parliament by some mistaking as he thought the Serjeant at Arms was imployed therein That therefore their Lordships would be pleased to confirm and settle such Order as he might at this time and from henceforth have the Right of his place in that behalf Whose request being considered of by the Lords it was thought meet that the Lord Archbishop of Canterbury the Lord Treasurer the Earl of Nottingham the Earl of Worcester the Lord Bishop of Winchester the Lord Zouch and the Lord Cobham should at their next meeting upon any other occasion take notice of such Precedents as could be produced therein either for the Gentleman-Usher or for the Serjeant at Arms and thereof to make Report to the House whereupon their Lordships would proceed to the deciding of the question between them Vide concerning this business on Tuesday the first day of December next following The meeting of the Committees about the Bill concerning Musters Souldiers c. who were nominated on Thursday the 12 th day of this instant November foregoing and appointed to meet this Afternoon was upon Motion to the House by some of the Committees deserr'd until Monday next being the 16 th day of this instant November by eight of the Clock in the Morning A Motion was made by the Lord Keeper that the Gentleman-Usher might be sent to such Lords as are absent from the Parliament and have not sent their Proxies to admonish them thereof Five Bills had each of them one reading of which the second being the Bill for suppressing the multitude of Ale-Houses and Tippling-Houses was read secundâ vice and committed to the Lord Treasurer the Earl of Worcester the Earl of Hartford the Earl of Lincoln the Bishop of Winchester the Bishop of Lincoln the Bishop of Bath and Wells the Bishop of Chester the Bishop of Exeter the Bishop of Ely the Lord Zouch the Lord Cobham the Lord Rich the Lord Sheffield the Lord Chandois the Lord S t John of Bletsoe and the Lord Compton and the Lord Chief Justice of England M r Justice Gawdy M r Baron Savile and M r Serjeant Yelverton were appointed to attend their Lordships The third Bill also being for the avoiding of unnecessary delayes of Executions upon Judgment in Debt was read secundâ vice and committed unto the Lord Treasurer the Earl of Worcester the Earl of Pembrook the Bishop of Rochester the Bishop of Worcester the Bishop of S t Asaph the Lord Cobham the Lord Chandois the Lord S t John of Bletsoe and M r Justice Gawdy M r Baron Savile and M r Serjeant Yelverton were appointed to attend their Lordships The Lord Zouch renewed his former motion concerning the Arrest of William Hogan her Majesties Ordinary servant at the suit of John Tolkerne Whereupon the Clerk of the Parliament was required to shew forth all such Precedents as he had found touching the Arrests of any Persons priviledged by Parliament having received directions from the Lords for that purpose as is before Recorded of which sort out of the Journal-Book remaining in his custody there were to be found only these four hereunder mentioned and no more 1. Anno 27. Reginae Fliz. die Martis primo die Decembris of James Diggs servant to my Lords Grace of Canterbury 2. Anno 27. Reginae Eliz. die Lunae 7. Die Decembris of Robert Finneis servant to the Lord Viscount Binden 3. Item in the last Parliament of 39 Eliz. 26. die Novembris of Edward Barston servant to the Lord Chandois and 8. die Decembris of John York the Lord Arch-Bishops servant 4. Item Anno 14. Reginae die ultimo Junii It appeareth that the Lord Cromwel made complaint unto the Parliament of an Attachment served upon his Person and that his Lordship was by Order of the Parliament discharged of the Attachment but whether this Attachment was served in the time of the Parliament it doth not certainly appear Which said Precedents being accordingly presented to the Lord Keeper the same were presently read together with certain Observations out of a Book written by Richard Crompton Esquire Intituled the Authority and Jurisdiction of the Queens Courts concerning the proceedings of the House in the like case of George Ferrers Gent. an ordinary servant to King Henry 8. about the thirty fourth year of his Reign This being done albeit sundry Motions were thereupon made by divers of the Lords for a present proceeding in this matter nevertheless because the said Tolkerne having been formerly sent for could not yet be found and also in respect there was less appearance of the Lords this day than at other times and this matter concerning the priviledge of the House was of great importance and therefore required a more full Assembly Stay was made of any further proceeding until Thursday next being the 19 th day of this instant November And in the mean time it was Ordered that Tolkerne should again be sent for to appear before the Lords in the House that day by nine of the Clock in the Morning Vide concerning this matter on Monday the 23 th day of this Instant November following On Monday the 16 th day of November to which day the Parliament had been last continued on Saturday foregoing the Bill for reuniting Eye and Dunsden to the Mannor of Sunning was read secundâ vice Motion was made by the Lord Sheffield upon reading of this Bill that Thomas Crompton Son of Thomas Crompton Esquire deceased with Henry Best Francis Jackson and others whom it may concern should be heard in the House whether they or any of them could pretend any right or Interest in these Lands in respect of a Grant heretofore made thereof by her Majesty to the said Thomas Crompton Which Motion was well approved by the House and Ordered that the Gentleman Usher should move the said parties to appear before their Lordships in the House for that purpose upon Saturday next the 21. day of this Instant November by eight of the Clock in the Morning and to bring them such persons as are interested in the Conveyance of those Lands Vide December 7 th Monday postea Memorandum That the
conclude their Conference about the Bill concerning Letters Patents and Conveyances c. another meeting was then appointed for them this Morning M r Attorney General and M r Doctor Carew were therefore sent unto them to let them know that their Lordships were ready presently to meet Unto which Message the House of Commons returned Answer that they would make their repair to their Lordships forthwith for that purpose Vide concerning this matter on Thursday the 17 th day of this instant December ensuing The Bill for the perfecting the Joynture of the Lady Bridget Countess of Sussex Wife of Robert Earl of Sussex was read secundâ vice but no mention was made either of the Commitment or Engrossing thereof the supposed cause or reason of which omission see more at large on Monday the 23 th day of November foregoing The Bill concerning the Joynture of the Countess of Bedford was returned to the House by the Earl of Worcester first of the Committees who were appointed on Friday the 4 th day of this instant December foregoing with a Proviso and certain Amendments thought meet to be added together with a Petition of the Lady Russell against the said Bill The Lords that were appointed Committees for the Bill touching Letters Patents c. went forth to the outward Chamber to have Conference with those of the House of Commons appointed Committees for the same Bill but nothing concluded touching the Amendments because the said Committees had no power to conclude and therefore after long debate the Bill was brought back to the House and the relation thereof referr'd to be made by M r Attorney and the same deferred till the Afternoon sitting by reason the day was spent Domimus Custos Magni Sigilli continuavit praesens Parliamentum usque in horam tertiam post Meridiem hujus diei About which hour the Lord Keeper and divers Lords having assembled themselves five Bills had each of them one reading of which the first concerning the draining and recovery from the Water of certain Overflown-Grounds in the County of Norfolk The second for Reformation of Abuses committed in buying and selling of Spices and other Merchandizes and the third to prevent Perjury and Subornation of Perjury and unnecessary expences in suits of Law were each of them read secundà vice But no mention is made either of their Commitment or Engrossing the supposed cause or reason of which omission see more at large on Monday the 23 th day of November foregoing The Proviso that was pretended to be added to the Bill for the Maintenance of the Navy encrease of Mariners c. was this day twice read in like sort as the Amendments of the said Bill had been before and thereupon the Bill was appointed to be forthwith engrossed The Bill for the maintenance of the Navy encrease of Mariners c. was read tertiâ vice and sent to the House of Commons together with the Bill concerning Captains Souldiers c. by D r Carew and D r Hone. The Amendments and Proviso in the Bill concerning the Countess of Bedfords Joynture were twice read and likewise the Lady Russells Petition was read Whereupon it was appointed that the Proviso should be ingrossed in Parchment and the Amendments in Paper The Committees in the Bill for the observation of Orders in the Exchequer who were nominated on Thursday the 10 th day of this instant December foregoing were appointed forthwith to meet in the little Chamber near the Parliament Presence to consider of a Proviso drawn by the Lord Chief Justice and the rest of the Judges by direction of the Committees which Proviso having been considered of accordingly was brought into the House and presently twice read And thereupon the said Proviso was commanded to be ingrossed The Bill for the assuring the Patronage 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 King Hen. 8 th by the Dean and Chapter of the said Cathedral Church to Thomas Venables Esquire and his Heirs for ever was read secundâ vice But no mention is made either of the Commitment or Engrossing the supposed cause or reason of which omission see more at large on Monday the 23 th day of November foregoing Relation was made by M r Attorney of the Conference with the Committees of the House of Commons touching Amendments of the Bill of Letters Patents c. Whereupon because the Committees of both Houses were not agreed it was thought good they should meet again upon Monday Morning being the 14 th day of this instant December and should have Authority to agree touching the setting down and penning of the said Amendments and reducing of them to a certainty together with the Committees of the House of Commons coming with the like Authority that afterwards the same might be presented to the Judgment of the House This Motion was sent down by D r Carew and D r Hone and was accepted Vide concerning this matter on Thursday the 17 th day of this instant December ensuing On Monday the 14 th day of December to which day the Parliament had been last continued on Saturday foregoing the Bill for the better observation of certain Orders in the Exchequer set down and established by vertue of her Majesties Privy Seal was read tertia vice And the Proviso thought meet by the Committees to be added was also read the third time The Bill for the Assurance of certain Mannors and Lands for part of a Jointure to Lucy Countess of Bedford And the Provisoes and Amendments presented by the Committees to be added were also read the third time both which Bills were sent to the House of Commons for their consideration of the several Provisoes and Amendments by the hands of D r Swale and the Clerk of the Crown Four Bills also had each of them one reading of which the last being the Bill for the Grant of four entire Fifteenths and Tenths granted by the Temporalty was read secundâ vice But no mention is made either of the Commitment or ingrossing thereof the supposed cause or reason of which omission see more at large on Monday the 23 th day of November foregoing Vide also concerning this Bill on Tuesday the 15 th day of this instant December immediately following Two Bills were brought up to the Lords from the House of Commons of which the second being the Bill for Confirmation of the Charter of King Edward the Sixth of the three Hospitals of Christ Bridewell and S t Thomas the Apostle to the Mayor Commonalty and Citizens of London was read primâ vice The Bill to confirm the Assurance of the Mannors or Farms of Sagebury aliàs Sadgebury and Obden and other Hereditaments to Samuel Sands Esq and John Harris Gent ' and their Heirs And the Bill for the Amendment of certain imperfections of a Statute made in the Eighth Year of her Majesties Reign concerning the true making of Hats
was read tertiâ vice expedit Dominus Custos Magni Sigilli continuavit praesens Parliamentum usque ad horam secundam post meridiem hujus instantis diei About which hour the Lord Keeper and divers other Lords assembling Five Bills of no great moment had each of them one reading of which the second being the Bill for the strengthening of the Grants made for the Maintenance and Government of the House of the Poor called S t Bartholomews Hospital of the Foundation of King Hen. the Eighth was read secundâ vice The Bill for the recovery of many hundred thousand Acres of Marshes and other Grounds subject commonly to surrounding within the Isle of Ely and Counties of Cambridge Huntington Northampton Lincoln Norfolk and Suffolk was read iertiâ vice expedit Upon the third reading of this Bill it was moved by the House that certain Additions might be put in the Title of the Bill and Amendments in some part of the body thereof and the Lord Chief Justice and M r Attorney were required to draw the same which was done presently by them and presented to the House Whereupon the said Additions and Amendments were thrice read and then sent to the House of Commons for their consideration of the same by M r Attorney and M r D r Hone who returned presently from the House of Commons with their allowance of the said Amendments and Addition in the Title of of the Counties of Essex Sussex Kent and the County Palatine of Durham Three Bills also had each of them one reading of which the last being the Bill to make the Lands Tenements and Hereditaments of Edward Lucas Gentleman deceased Executor of the last Will and Testament of John Flowerden Esquire deceased lyable c. was read secundâ vice but no mention is made either of the Commitment or Engrossing thereof the reason or cause of which omission see more at large on Monday the 23 d day of November foregoing Conference was desired by the House of Commons with some of their Lordships about the Bill sent to them this day concerning the reformation of Deceits and Frauds of certain Auditors c. The Conference was yielded unto and appointed to be presently at the outward Chamber near the Parliament Presence On Friday the 18 th day of December Four Bills had each of them one reading of which the last being the Bill for the Queens Majesties most Gracious General and free Pardon was read primâ vice and sent to the House of Commons by M r Attorney General and M r Doctor Stanhop Memorandum that whereas a Bill hath been presented to the High Court of Parliament by the Company of the Mystery or Trade of Painters making thereby complaint against the Company of Plaisterers for and concerning certain wrongs pretended to be done to the said Painters by the Company of Plaisterers in using some part of their Trade of Painting contrary to the right of their Charter as is pretended and humbly seeking by the said Bill reformation of the said wrong And whereas the said Bill passed not the Upper House of Parliament for just and good reasons moving the Lords of the Higher House to the contrary Yet nevertheless the Lords of the Upper House have thought it meet and convenient that some course might be taken for reformation of any such wrong as may be found truly complained of and fit to be remedied and for the setling of some good agreement and Order for the said Painters and Plaisterers so as each sort of them might exercise their Trade conveniently without impeaching one the other It is therefore Ordered by the Court of the Upper House of Parliament that the said complaint and cause of the said Painters which proceeded not in Parliament shall be referr'd to the Lord Mayor of London and the Recorder of London to be heard and examined adjudged and Ordered as in Justice and Equity shall be found meet And that at the time or times of the hearing of the said Cause the Lord Chief Justice of England the Lord Chief Justice of the Common Pleas M r Justice Gawdie M r Baron Clark and M r Attorney General or any four three or two of them shall assist and give their help for the making and establishing some good Order and Agreement And that the said parties complainant and also the Company of the Plaisterers shall observe and keep such Order as by the said Mayor the Lord Chief Justice of England the Lord Chief Justice of the Common Pleas M r Justice Gawdie M r Baron Clark M r Attorney General M r Recorder of London or any six five four or three of them whereof the Lord Mayor and the Lord Chief Justice of England or Lord Chief Justice of the Common-Pleas to be two shall be set down and prescribed Vide concerning this matter on Monday the 14 th day of this instant December foregoing Memorandum that whereas William Crayford of Mongham in the County of Kent Gentleman was this day brought before the Lords Spiritual and Temporal in the Upper House of Parliament to answer an Information made against him that he had procured and suborned his Son William Crayford to lay sundry Executions and Outlawries on William Vaughan Gentleman Servant to the Earl of Shrewesbury contrary to the priviledge of the Court And the said Crayford having been heard in the presence of William Vaughan what he could say concerning the said Information wherein he protested that he was guiltless and that his said Son had not in any sort received such direction from him as was informed It was therefore by the Court thought meet and so Ordered that the examination and determining of the controversies and Suits depending between the said Crayford and Vaughan should be referr'd to the Earl of Worcester the Lord Bishop of London and the Lord Cobham And that they the said Crayford and Vaughan should enter into good and sufficient Bonds each to other to stand to observe and perform such Award and Arbitrement as the said Lords shall make and set down between them Vide concerning this Matter on Saturday the 19 th day of this instant December immediately following On Saturday the 19 th day of December a Motion was made in the House for avoiding of all further controversy between William Crayford and William Vaughan Gentlemen That forasmuch as each of them took mutual Exception one to the other touching the Bonds whereinto they formerly entred by Order of the Court the said William Crayford alledging that it sufficed not William Vaughan alone to be bound because his Heirs or some other claiming by and from him might trouble and molest him And that the said Vaughan is insufficient And the said William Vaughan alledging that if William Craysord were bound alone his Sons or Heirs might molest and trouble the said Vaughan without hazard of the Bond some further Order might thereupon be taken It was therefore this day Ordered by the Court that the said William Crayford and
Conference or meeting of the said Committees brake up imperfectly and was further deferr'd till the next Morning The Passages of this Afternoon do now follow out of the Original Journal-Book of the House of Commons in manner and form following Post Meridiem Three Bills had each of them one reading of which the second being the Bill to prevent Perjury and Subornation of Perjury was read the third time and passed upon the question M r Mountague a Committee in the Bill touching Souldiers and others certified in the Bill with some Amendments whereof he prayed the reading The Amendments in the Bill for relief of Souldiers and Mariners were twice read and the Bill was Ordered to be ingrossed The Bill touching Policies of Assurances used amongst Merchants was read the second time and committed unto Sir Walter Raleigh M r Doctor Caesar Sir Francis Bacon Sir Stephen Soame and others And the Bill was delivered to Sir Francis Bacon who with the rest was appointed to meet to Morrow in the Afternoon in the Court of Wards at two of the Clock The Bill touching Hat-Makers was read the third time and upon the question and division of the House passed with the Yea ninety three and with the No forty six John Yakesley Esq returned into this present Parliament one of the Burgesses for the Town of Cambridge is for his necessary affairs licensed by Mr. Speaker to depart Upon Motion made by Serjeant Harris that Anthony Curwin Servant Attendant upon William Huddleston Esq a Member of this House hath been Arrested into the Counter in the Poultrey in London at the Suit of one Matthew a Chyrurgeon It is Ordered that the Serjeant that made the said Arrest and the said Matthew should be sent for to answer in this House for their said contempt as appertaineth M r Adam and Listers Councel are appointed to be heard to Morrow On Saturday the 12 th day of December the Bill to avoid the stealing of Cattle was read the second time and committed unto Sir George Moore Mr. Maynard Mr. Brown and others who were appointed to meet upon Tuesday next in the Middle-Temple Hall at two of the Clock in the Afternoon Two Bills had each of them one reading of which the second being the Bill for Confirmation of the Mannor of Sagebury aliàs Sadgbury unto John Harris and Samuel Sandys Gent. was read the third time and passed upon the question Some part of this Forenoons Passages doth now next follow out of private Journals An Act for redress of certain abuses used in Painting was read the third time It was moved by Sir George Moore and some others that the Bill might be let slip and the Cause refer'd to the Lord Mayor of London because it concerned a Controversie between the Painters and Plaisterers of London To which M r Davies Answered That the last Parliament this Bill should have past this House but it was refer'd as is now desired and Bonds made by the Plaisterers for performance of the Orders to be set down by the Lord Mayor yet all will do no good Wherefore M r Speaker I think it good to be put to the question Sir Stephen Soame desired that my Lord Mayor might not be troubled with them c. but that it might be put to the question and it seemed likely to go against the Painters But M r Heyward Townsend as it was putting to the question stood up and shewed that in the Statute of 25 Ed. 3. Cap. 3. Plaisterers were not then so called but Dawbers and Mudwall-Makers who had for their Wages by the day three pence and their Knave three half pence for so was his Labourer called they so continued till King Henry the Sevenths time who brought into England with him out of France certain men that used Plaister of Paris about the Kings Sieling and Walls whose Statute Labourers these Dawbers were These Statute Labourers learned in short time the use of Plaister of Paris and did it for the King who increased to be many then suing to the King for his Favour to Incorporate them he did fulfil their desire Incorporating them by the name of Gipsarium which was for Clay and Mud aliàs Morter-Makers An. 16 Hen. 7. being no Freemen for all their Corporation they obtained the Kings Letters in their favour to Sir William Remmington the Lord Mayor of London and the Aldermen to allow them Freemen which was granted at what time came in four of them paying ten shillings a piece for their Freedoms And in three years after that manner came in to the number of twenty but they paid four pound a piece for their Freedom They renewed their Patent in King Henry the Eighths time and called themselves Plaisterers aliàs Morter-Makers for the use of Loam and Lyme They made an humble Petition and Supplication after this to Sir John Munday then Lord Mayor and to the Aldermen to grant them Ordinances for the better Rule and Government of their Company in these words viz. We the good Folks of Plaisterers in London of Plaister and Loam of the said City for redress of certain abuses of Lath-Plaister and Loam wrought in the said Craft c. and had allowed unto them search for their Company for the use of Lath Loam and Lyme In all their Corporations at no time had they the word Colours neither yet in their Ordinances For all they were incorporated by the name of Plaisterers yet in all King Henry the Eighths time they were called Dawbers as appears in the Accompts of the Chamber of London paid to such and such Dawbers for so many days so much and to their Labourers so much The Plaisterers never laid any Colour upon any of the Kings Houses nor in the Sheriffs of London but this Year They wore no Livery or Cloathing in the seventeenth of King Henry the Eighth They have been suffered to lay Alehouse Colours as red Lead and Oaker with such like and now intrude themselves to all Colours Thus they take not only their own work but Painting also and leave nothing to do for the Painter Painters and Stainers were two several Companies in King Edward the Thirds time one for Painting of Posts and all Timber-Work and the other for Staining and Painting of Cloth of great continuance The two several Companies were joined both into one by their own consents and by the consents of the Lord Mayor and Court of Aldermen of the City the nineteenth year of King Edward the Fourth The Painters had Orders allowed them for the use of Oyl and Colours especially named in King Henry the Fourths time from the Lord Mayor and City Painters cannot work without Colours their only mixture being Oyl and Size which the Plaisterers do now usurp and intrude into Painters have her Majesties Letters Patents dated the twenty fourth year of Elizabeth forbidding any Artificer the use of Colours and Oyl or Size after the manner of Painting but only such as have been or shall be Apprentice namely
House when the Bill is brought in again p. 603. An Amendment of a Proviso added to a Bill in the Upper House agreed upon by the Committees of both Houses at a Conference it is consented unto by the whole Upper House that the Amendment shall be made in the House of Commons and be sent up in paper to the Lords to be by them inserted in the Proviso p. 616 Answers by the Lord Keeper given unto Messages sent from the House of Commons use to be given by him sitting with his Hat on and all the Lords keeping their places p. 439 440 Apparel a Bill against buying it without ready money save by men of such a degree p. 69 70. A Bill to avoid excess in it p. 112. dashed p. 134. Another for not buying wares sold for Apparel without ready money dashed p. 188. Another Bill for reformation of excess in Apparel p. 228. another for the same p. 424. another having passed the Commons is rejected by the Lords and why p. 594 Arch-bishops a Bill declaring the manner of making and consecrating of them and other Bishops to be good p. 108. 110. Arch-bishop of Canterbury the first Peer of the Realm p. 140 Assistants Vide Committees Attach No Peer to be Attached during the Sessions of Parliament p. 203. nor any of their Menial Servants committed to Prison p. 314. 323. 530 c. but other of their servants may p. 315. two committed close Prisoners to the Fleet for arresting a Servant of the Lord Chandois p. 530. another also for arresting the Arch-bishop of Canterbury's Servant p. 532. on what conditions they have their enlargement p. 533. A question moved whether an ordinary servant of the Queens being no Parliament-man be priviledged from being attached in the time of Parliament p. 603 604 606. When a servant of a Peer is committed to Prison upon Execution resolved that he shall be brought to the House not by issuing out a Writ of priviledge of Parliament to the Sheriff but by immediate order from the House to the Gentleman Usher or Serjeant at Arms. p. 605. but the contrary resolved upon search of Precedents and the Lord Keeper to make out the Writ p. 608 Queens Attorney made a Joint-Committee with the Lords p. 142 Award Ordered that if the parties at variance will not enter into such Bond as is appointed by the House to stand to the Award of such Lords as the matter is reserr'd to they shall be committed to Prison p. 618 B. BAbington's Conspiracy 28 Eliz. a Parliament called thereupon p. 375 Bacon Sir Nicholas made Lord Keeper 1 Eliz. p. 1. his Speech to the first Parliament of the Queen in an 1. of her Reign p. 11. His Speech to the Speaker of the House of Commons in the same Parliament at his admission p. 15. and his Reply to the Speakers disabling himself and to his Petitions p. 16. His Reply to the Speaker's Speech at the end of this Session p. 31 32 33. His Speech to the Parliament 5 Eliz. p. 59. at the end of the Session p. 75. and so at the beginning and end of each Session during his life till 23 Eliz. when he was succeeded by Sir Thomas Bromley p. 226 Baron Lord Chief Baron who is but an Assistant to the Upper House made a Committee p. 108 109 Belgrave a Member of Parliament his Case against whom was preferred a Bill in the Star-Chamber for a misdemeanour against a Peer p. 612 Bills usually not spoken to upon the first reading p. 17. Precedents of the contrary ibid. When a Bill has past one House it is seldom Committed or Ordered to be Ingrossed by the other and why ibid. and p. 19 20. 147 148. 326. sometimes Committed upon the first reading Precedents thereof p. 17 18 69. sometimes neither Committed nor Ingrossed either upon the first or second reading p. 111. the manner of delivering a Bill from the House of Lords to the House of Commons p. 19. the manner of passing of a Bill ibid. Bills of Grace seldom Committed nor Ingrossed and why p. 20. sometimes have but one reading p. 73. 91. 464. how passed into Acts. p. 116. Bills sometimes in Queen Elizabeths time not ingrossed till the day after the second reading but now always on the same day p. 26 27. The manner of giving the Royal Assent unto such Bills as are passed into Acts and of disallowing those that are not p. 35. 76. 116. A Bill is sometimes rejected after it has passed the third reading p. 271. A Bill passed by the Lords and rejected by the Commons the Lords expect an account of the reasons of such rejection p. 272 273. Bills of general pardon and of Subsidies not passed into Acts like other Bills p. 274. 328. When Bills are sent up from the Commons the Lord Keeper and the rest of the Lords are to arise from their places and to go down to the Bar to receive them p. 439 440 Bishops are commanded to reform abuses in Religion p. 345. Why their names are placed on the dexter side of the Journal of the Upper House p. 422. Vide Popish and Arch-bishop Bloud Vide Restitution in Bloud Bromley Sir Thomas made Lord Chancellor 22 Eliz. p. 226. he died in April 29 Eliz. p. 419 Lord Burleigh his place in Parliament p. 543. C. CAnterbury Vide Arch-bishop Chancellor a Bill declaring his Authority and that of the Lord Keeper to be all one p. 70. Letters Patents to the Lord Chief Justice to supply his place when absent p. 143 A Bill that Chancellors Commissaries c. shall be Graduates in one University p. 72 Clergy Vide Subsidy Coaches a Bill to restrain the excessive use of them within this Realm in 43 Eliz. p. 602. Collection of money for the poor usually made towards the end of a Parliament p. 616. Commissions to certain Lords to Prorogue the Parliament p. 77. 93 94. 274. Verbal Commission to the Lord Treasurer to supply the Lord Keepers place p. 99. A Commission in writing to the Lord Chief Justice to the same purpose p. 102. 383. a revocation of the same p. 108. A Commission 35. Lords or any three of them to dissolve the Parliament p. 275. the like p. 329. and 389. A Commission to three Lords to supply the Queens place in the Parliament 28 29 Eliz. p. 377. These Lords are stiled Lords Lieutenants p. 378. The Parliament cannot be dissolved without a Commission unless the Sovereign be present to give the command to the Lord Keeper c. p. 547. Committees the Judges Queen's Serjeants Baron c. made Joint-Committees with the Lords vide Judges Serjeant Baron c. An Order of the House that a Committee who disallows the Amendments of a Bill or something in the body of the Bill it self may give his reasons to the House when the Bill is brought in again p. 603. A Bill may be delivered to the eldest or youngest Baron of a Committee or indifferently to any of them p. 607. 610.
of the vulgar way of preparing Medicines and the Excellency of such as are made by Chymical Operations By Edward Bolnest Med. Lond. in octavo 11. Aurora Chymica or a rational way of preparing Animals Vegetables and Minerals for a Physical Use by which preparations they are made most efficacious safe and pleasant Medicines for the preservation of the life of man By Edward Bolnest Med. Reg. Ord. in octavo 12. The Chirurgions Store-house furnished with forty three Tables cut in Brass in which are all sorts of Instruments both Ancient and Modern useful to the performance of all Manual Operations with an exact description of every Instrument together with one hundred choice Observations of famous Cures performed with three Indexes 1. Of the Instruments 2. Of Cures performed 3. Of things remarkable Written in Latin by Johannes Scultetus a famous Physician and Chirurgeon of Ulme in Suevia and faithfully Englished by E. B. D r of Physick in octavo 13. Medicina Statica or Rules of Health in eight Sections of Aphorisms Originally Written by Sanctorius Chief Professor of Physick at Padua in twelves LAW 14. An Abridgment of divers Cases and Resolutions of the Common Law Alphabetically digested under several Titles By Henry Rolls Serjeant at Law published by the Lord Chief Baron Hales and approved by all the Judges in folio 15. The Reports of that famous Lawyer Henry Rolls Serjeant at Law sometime Chief Justice of the Kings Bench of divers Cases in the Law adjudged in the time of King James approved by all the Judges in folio 16. The Reports of Sir George Crook Knight in three Volumes in English allowed of by all the Judges The second Edition carefully corrected by the Original in folio 17. The History of Gavel-kind with the Etymology thereof containing a Vindication of the Laws of England together with a short History of Will the Conqueror By Silas Taylor in quarto 18. Action upon the Case of Slander or a Methodical Collection of thousands of Cases in the Law of what words are Actionable and what not By William Shepherd Esq in octava 19. An Exact Abridgment in English of the Cases reported by Sir Francis Moor Knight with the Resolution of the Points of the Law therein by the Judges By Will. Hughes in octavo 20. The Touchstone of Wills Testaments and Administrations being a Compendium of Cases and Resolutions touching the same carefully collected out of the Ecclesiastical Civil and Canon Laws as also out of the Customs Common Laws and Statutes of this Kingdom By G. Meriton in twelves HISTORY 21. The Voyages and Travels of the Duke of Holstein's Ambassadors into Moscovy Tartary and Persia begun in the year 1633. and finished in 1639. containing a Compleat History of those Countries whereunto are added the Travels of Mandelslo from Persia into the East-Indies begun in 1638. and finished in 1640. The whole Illustrated with divers accurate Maps and Figures Written originally by Adam Olearius Secretary to the Embassy Englished by J. Davies The second Edition in folio 22. The Works of the famous Nicholas Machiavel Citizen and Secretary of Florence containing the History of Florence the Prince the Original of the Guelf and Ghibilin the Life of Castruccio Castracani the Murther of Vitelli c. By Duke Valentino the State of France the State of Germany the Discourses on Titus Livius the Art of War the Marriage of Belphegor All from the true Original newly and faithfully translated into English in folio 23. I Ragguagli di Parnasso or Advertisements from Parnassus in two Centuries with the Politick Touchstone Written Originally in Italian by that famous Roman Trajano Bocalini Englished by the Earl of Menmouth in folio 24. The History of Barbadoes S t Christophers Mevis S t Vincents Antego Martinico Monserret and the rest of the Caribby Islands in all twenty eight in two Books containing the Natural and Moral History of those Islands Illustrated with divers pieces of Sculpture representing the most considerable Rarities therein described in folio 25. The History of the Affairs of Europe in this present Age but more particularly of the Republick of Venice Written in Italian by Battista Nani Cavalier and Procurator of S t Mark. Englished by Sir Robert Honywood K t in folio 26. The History of the Turkish Empire from the year 1623. to the year 1677. Containing the Reigns of the three last Emperours viz. Sultan Morat or Amurat IV. Sultan Ibrahim and Sultan Mahomet IV. his Son the XIII Emperour now Reigning By Paul Rycaut Esq late Consul of Smyrna in folio 27. The present State of the Ottoman Empire in three Books containing the Maxims of the Turkish Polity their Religion and Military Discipline Illustrated with divers Figures Written by Paul Rycant Esq late Secretary to the English Ambassador there now Consul of Smyrna The fourth Edition in octavo 28. The present State of the Greek and Armenian Churches AnnoChristi 1678. Written at the Command of His Majesty by Paul Rycaut Esq late Consul of Smyrna and Fellow of the Royal Society in octavo 29. The Memoirs of Philip deComines Lord of Argenton containing the History of Lewis XI and Charles VIII Kings of France with the most remarkable occurrences in their particular Reigns from the year 1464. to 1498. Revised and Corrected from divers Manuscripts and ancient Impressions by Denis Godfroy Counseller and Historiographer to the French King and from his Edition lately Printed at Paris newly translated into English in octavo 30. A Relation of Three Embassies from his Majesty Charles the Second to the Great Duke of Muscovy the King of Sweden and the King of Denmark performed by the Right Honourable the Earl of Carlisle in the year 1663 and 1664. Written by an Attendant on the Embassies in octavo 31. A Relation of the Siege of Candia from the first Expedition of the French Forces to its Surrender the 27 th of September 1669. Written in French by a Gentleman who was a Voluntier in that Service and faithfully Englished in octavo 32. The Present State of Egypt or a new Relation of a late Voyage into that Kingdom performed in the years 1672 and 1673. By F. Vansleb R. D. Wherein you have an exact and true account of many rare and wonderful particulars of that Ancient Kingdom Englished by M. D. B. D. in octavo 33. The History of the Government of Venice wherein the Policies Councils Magistrates and Laws of that State are fully related and the use of the Balloting-Box exactly described Written in the year 1675. by the Sieur Amelott de la Houscaie Secretary to the French Ambassador at Venice in octavo 34. An Historical and Geographical Description of the great Country and River of the Amazones in America with an exact Map thereof Translated out of French in octavo 35. The Novels of the famous Don Francisco de Quevedo Villegas Knight of the Order of S t James whereunto is added the Marriage of Belphegor an Italian Novel Translated from Machiavel faithfully Englished in
octavo 36. The Amours of certain Great Men and famous Philosophers Written in French and Englished by J. D. in octavo 37. Deceptio visus or Seeing and Believing are two things a pleasant Spanish History faithfully translated in octavo 38. The History of France under the Ministry of Cardinal Mazarine viz. from the death of King Lewis XIII to the year 1664. wherein all the Affairs of State to that time are exactly related By Benjamin Priolo and faithfully Englished by Christopher Wase Gent. in octavo 39. The History of the Twelve Caesars Emperours of Rome Written in Latin by C. Suetonius Tranquillus newly translated into English and illustrated with all the Caesars Heads in Copper-plates in octavo 40. The Annals of Love containing select Histories of the Amours of divers Princes Courts pleasantly related By a person of Honour in eight Parts in octavo 41. A new Voyage into the Northern Countries being a description of the Manners Customs Superstition Buildings and Habits of the Norwegians Laplanders Kilops Borandians Siberians Samojedes Zemblans and Islanders in twelves 42. The present State of the United Provinces of the Low Countries as to the Government Laws Forces Riches Manners Customs Revenue and Territory of the Dutch Collected out of divers Authors by W. A. Fellow of the Royal Society The second Edition in twelves 43. The present State of the Princes and Republicks of Italy The second Edition enlarged with the manner of Election of Popes and a Character of Spain Written Originally in English by J. Gailhard Gent. in twelves 44. The Policy and Government of the Venetians both in Civil and Military Affairs Written in French by the Sieur de la Hay and faithfully Englished in twelves 45. The Voyage of Italy or a compleat Journey through Italy in two Parts with the Character of the People and the Description of the chief Towns Churches Palaces Villas Gardens Pictures Statues Antiquities as also of the Interest Government Riches Forces c. of all the Princes with Instructions concerning Travel By Richard Lassells Gent. who travelled through Italy five times as Tutor to several of the English Nobility Opus Posthumum corrected and set forth by his old Friend and Fellow-Traveller S. W. Never before extant in twelves 46. A Relation of the French King 's late Expedition into the Spanish Netherlands in the years 1667 and 1668. with an Introduction discoursing his Title thereunto and an account of the Peace between the two Crowns made May 2. 1667. Englished by G. H. in twelves POETRY and PLAYS 47. The Works of Sir William Davenant K t consisting of those which were formerly Printed and those which he designed for the Press Now published out of the Author 's Original Copies in folio 48. Andronicus Comnenius a Tragedy By John Wilson in quarto 49. Heraclius Emperour of the East a Tragedy By Lodowic Carlel Esq in quarto 50. The Shepherds Paradise a Pastoral By Walter Montague Esq in octavo 51. Paradise Regain'd a Poem in four Books to which is added Sampson Agonistes The Author John Milton in octavo MISCELLANIES 52. A General Collection of Discourses of the Virtuosi of France upon Questions of all sorts of Philosophy and other Natural Knowledge made in the Assembly of the Beaux Esprits at Paris by the most ingenious Persons of that Nation Englished by G. Havers in two Volumes in folio 53. A Justification of the late War against the United Netherlands in two Parts illustrated with several Sculptures by Henry Stubbs in quarto 54. The Compleat Gentleman or Directions for the Education of Youth as to their Breeding at home and Travelling abroad In two Treatises by J. Gailhard Gent. who hath been Tutor abroad to several of the Nobility and Gentry in octavo 55. The Temperate Man or the right Way of Preserving Life and Health together with Soundness of the Senses Judgment and Memory unto an extream Old Age. In three Treatises The first written by the learned Leonardus Lessius The second by Lodowick Cornaro a Noble Gentleman of Venice The third by a famous Italian faithfully Englished in twelves 56. The Golden Calf in which is handled the most rare and incomparable wonder of Nature in transmuting Metals viz. how the entire substance of Lead was in one moment transmuted into Gold Obrizon with an exceeding small Particle of the true Philosophers Stone at the Hague in the year 1666. Written in Latin by John Frederick Helvetius Doctor of Medicine at the Hague and faithfully Englished in twelves 57. Accidence commenc'd Grammar and supplied with sufficient Rules or a new and easy method for the learning of the Latin Tongue The Author John Milton in twelves 58. The Rules of Civility or certain ways of Deportment observed in France amongst all persons of Quality upon several occasions faithfully Englished in twelves 59. The Art of Complaisance or the means to oblige in Conversation in twelves * Rot. Parl. 31 32 H. 6. n. 1 7 8 9 10 12 20 22 23 24. || Rot. Parl. 1 H. 7. n. 26. An Act for Roger Thorpe a Eadmerus Histor. Normannorum lib. 1. fol. 5. l. 44. b Malmesbury obiit mortem an poll natum Sirvatorem sesum MCxliio. 7 Regis Stephani Balaeus Script Britanniae fol. 186. l. 3. p. 56. l. 24. in vita Willielmi c Eadmerus lih 6. p. 135. l. 21. d Rut. Cart. 5 Johannis m. 5. n. 33. e Rut. Claus. 19 H. 3. Pars 2. m. 5. dorso Vide Stat. de an Bissextili 21 H. 3. Rex per Consilium fidelium subditorum and vet resolved to be a Parliament Coke lib. 8. Case del Prince fol. 20. f A Mat. Weslm An. 1231. 15 H. 3. p. 290. l. 13. g A Barones suni majores minores Barones pro libere tenentibus in genere hoc est tam in Soccagio quam per Servitium militare Spelm. Gloss. Diatriba de Baronibus fol. 64 67. h Rot. Claus. 1 E. 2. m. 19. dorso i Rot. Pars. 5 E. 3. n. 3. k Rot. Pars. 23 H. 6. n. 19. l Rot. Parl. 1 R. 3. Cotton's Records fol. 711. m Rot. Parl. 1 H. 7. n. 18. n Dominus Herbert de Cherbury in vita H. 8. fol. 303 305 306 307. o Parl. sicundum 1 Mariae Rast. Stat. p. 1085. c. 2. Rast. Stat. part 2. de An. 28 Eliz. fol. 121. c. 18. p Rot. Claus. 23 E. 1. m. 3. dorso Euseb. li. 2. de vita Constantini * Bracton de Legibus Angliae Lib. 1. Cap. 7. Vide Camden Annal. p. 432. This Ordinance inhlbitis also as well the Election of Lawyers as of Sheriffs Vide de tota ista materia in Annal Eliz à Guliel Camd. script edit Lugdun Batav An. Dom. 1625. à pagin 432. ad pagin 472. Gul. Camd. in Annal Eliz. supracitatis pag. 468. line is 1 2 3. Vide à e tota ista matcria in Annal. Eliz à Cambd. script Edit Lugd. Bat. 1625. à p. 432. ad p. 472. The Pitition against the Scottish Queen presented unto her Majesly Nov. 12. Guliel Cambden in Annal. Regin Eliz. edit Lugdun Batav Anno Dem. 1625. p. 511 512. Vide Gulicl Camd. Annal. Regin Eliz. edit Lugd. Batavorum An. Dom. 1625. pag. 589. Vide Holinghs pag. 955. 956. An excellent Case of one George Finers a Burgess of Plimouth in Devonshire in the Parliament An. 33 H. 8. Anno Dom. 1541. arrested and taken in Execution by the means of one White and afterward had his priviledge as also of the Temple-Cook who was Servant to Sir Thomas Audley once Speaker of Parliament and after Lord Chancellor who being arrested was freed Which case was cited by King H. 8. himself * Statute de 23 H. 6. Cap. 15. 1 H. 5. Cap. 1. enact it Vide 38 H. 8. fol. 60. a. Dyer Vide Gul. Camd. Anno Regin Eliz. edit Lugdun Batavorum An. Dom. 1625. pag. 682.
Keeper having allowed and approved his Election the said Speaker having in a second Speech shortly touched her Highness happy and victorious Reign and somewhat largely proved the antientSupremacy of the Kings of England in Ecclesiastical matters did in the end of his said Speech make certain Petitions of course in the name of the House of Commons First For liberty of Speech Secondly For freedom from Arrests And thirdly For Access unto her Majesty And lastly For Pardon for himself if he should in any thing unwittingly be mistaken To which Speech the Lord Keeper having received new Instructions from her Majesty made a reply in particular to the several branches of the said Speakers Speech And to his three demands he Answered that liberty of Speech was granted in respect of the I and No but not that every one should speak what he listed And touching freedom from Arrests and Access to her Majesty he advised that they might be cautiously made use of Nota That none of these Particulars touching the Presentment of the Speaker are set down in the Original Journal-Book of the House of Commons but are abstracted out of another Journal of the same House taken by an Anonymous Member of the same during the Parliament mentioned at the beginning of this present Journal yet it appeareth plainly by the very Original Journal-Book it self Fol. 262. l. that the Prosocutor was this day presented to her Majesty where the words are as followeth viz. Jovis xxii do Febr. 92. This Day M r Speaker was presented unto her Majesty Which said words being only here a little otherwise placed for Order sake than there have a large Blank left at the end of them of somewhat above half a page with intention no doubt at the first to have inserted the whole manner of the proceeding both of this presentment and admission After the Return also of the Speaker now compleatly invested in that place with the rest of the House of Commons one Bill was read according to the usual form in that Case accustomed which is set down in the said Journal-Book in these words following viz. The Bill that a Bar at large may be pleaded in any Action of Ejectione firmae was read the first time M r Speaker immediately after the reading of this Bill and his opening of the contents of the same to this House shewed unto them from her Majesty that her Highness had Adjourned mistaken for continued the Higher House till Saturday next And also that her Majesties pleasure likewise was that this House should therefore be Adjourned till the same time which being so done accordingly this House did then rise and every man went away On Saturday the 24 th day of February the House being set and a great number of the Members of the same assembled M r Speaker not then as yet being come to the House some of the House said one to another they heard he was sick And one affirmed it to be so indeed shewing that he had been with him this Morning himself and left him sick in his Bed and his Physician and his Wife with him and some others supposing that he would shortly signify unto this House the Cause of that his absence moved that the Clerk might in the mean time proceed to saying of the Litany and Prayers Which being so done accordingly the Serjeant of this House presently after the said Prayers finished brought word from M r Speaker unto the Right Honourable Sir John Woolley Knight one of her Majesties most Honourable Privy Council and a Member of this House and then present in the same House that he had been this last Night and also was this present Forenoon so extreamly pained with a wind in his Stomach and Loosness of Body that he could not as yet without his further great peril and danger adventure into the Air at this time which otherwise most willingly he would have done And willed that the Clerk of this House might signify unto the House the said estate of his Case and in his name to desire their good favourable considerations of the same not doubting their gentle and courteous acceptance of that his so reasonable excuse as by this House hath also been in former time used in like Case towards some other his Predecessors in the place he now serveth And to shew them he trusteth in God he shall be able to attend them in this House upon the next day of sitting which will be Monday next The Effect of which Message being then signified unto this House by the said Clerk of the House all the said Members of this House being very sorry for M r Speaker his sickness rested well satisfied And so the House did rise and every man departed away Nota That this is all which is found in the Original Journal-Book of the House of Commons touching this days business and therefore that which followeth is supplied out of that Anonymous Journal mentioned at the beginning of this present Journal touching the residue of this days passages This day M r Peter Wentworth and Sir Henry Bromley delivered a Petition unto the Lord Keeper therein desiring the Lords of the Upper House to be suppliants with them of the lower House unto her Majesty for Entailing the Succession of the Crown whereof a Bill was readily drawn by them Her Majesty was highly displeased therewith after she knew therof as a matter contrary to her former strait Commandment and charged the Council to call the parties before them Sir Thomas Heneage presently sent for them and after Speeches had with them commanded them to forbear the Parliament and not to go out from their several Lodgings The day after being Sunday and the 25 th of Febr. though the House sate not yet they were called before the Lord Treasurer the Lord Buckhurst and Sir Thomas Heneage The Lords intreated them favourably and with good Speeches But so highly was her Majesty offended that they must needs commit them and so they told them Whereupon M r Peter Wentworth was sent Prisoner unto the Tower Sir Henry Bromley and one M r Richard Stevens to whom Sir Henry Bromley had imparted the matter were sent to the Fleet as also M r Welch the other Knight for Worcestershire Vide Mar. 10. About this matter in the beginning of the Parliament was appointed a Committee to be had of many grave wise and ancient Parliament men which were of the House but at this time few met at the place appointed at least not such as were expected It was appointed also at this time to M r Stevens to peruse the penning of the Petition that should have been delivered to that House and to have provided a Speech upon the delivery of it But this Office by reason of other occasions he could not attend What other things were done or spoken in that Conference were as I heard confessed to some of the Privy-Council by some of those Parties that were present at that Conference All that were there