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A63022 Historical collections, or, An exact account of the proceedings of the four last parliaments of Q. Elizabeth of famous memory wherein is contained the compleat journals both of Lords & Commons, taken from the original records of their houses : as also the more particular behaviours of the worthy members during all the last notable sessions, comprehending the motions, speeches, and arguments of the renowned and learned secretary Cecill, Sir Francis Bacon, Sir Walter Rawleigh, Sir Edw. Hobby, and divers other eminent gentlemen : together with the most considerable passages of the history of those times / faithfully and laboriously collected, by Heywood Townshend ... Townshend, Hayward, b. 1577. 1680 (1680) Wing T1991; ESTC R39726 326,663 354

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the Lords being thus sate An. 1592. and the Knights Citizens and Burgesses of the House of Commons as many as conveniently could be let in about two of the clock in the afternoon Sir John Puckering Lord Keeper of the Great Seal by command from the Queen spake to this effect The Lord Keeper's Speech THat though the assembling of Parliaments hath antiently been and still were for the Enacting of Laws and Reforming of Abuses and Grievances of the Subjects within the Realm The Lord Keepers Speech 〈◊〉 to direct the ●●s●●●●s in this Session yet at this time the Queens Majesty was desirous to have the Advice of all her loving people concerning the Defence and Preservation of her Self her Realms and Subjects from the Power and Oppression of a forreign Enemy Then he declared that this Enemy was the King of Spain and that his malice was increased by his loss and shame received in 88. That his resolution still was to invade this Kingdome The Spaniards Design of Reveenge discovered did plainly appear by his building and getting together many Ships of less bulk which would be fitter for service in our Seas than those greater Galliasses and Gallions had been in 88. That he desired some nearer place from whence to invade England and therefore at this time was labouring to plant himself in Britain a part of France And his Designes laid open That he had raised Factions in Scotland and Conspiracies against the King there finding him an enemy to his ambitious desires And therefore we her Majesties Subjects said he must with all dutiful consideration think what is fit for us to do Ex●… them to raise Moneys and with all willingness yield part of our own for the defence of others and assistance of her Majesty in such an unsupportable charge Were the cause between Friend and Friend how much would we do for the relief of one another but the cause is now between our Soveraign and our selves seeing there is so much difference in the parties how much more forward ought we to be The Aid formerly granted to her Majesty in these like cases is so ill answer'd 〈…〉 Supplies paied and with such slackness performed as that the third of that which was granted cometh not to her Majesty A great shew a rich grant and a long sum seems to be made but little it is hard to be gotten and the sum not great which is paid and 〈…〉 Her Majesty thinks this to be for that the wealthier sort of men turn this charge upon the weaker and upon those of worst ability so that one dischargeth himself and th' other is not able to satisfie that he is charged withal these things should be reformed by such as are Commissioners in this service Wherefore it is her Majesties pleasure 〈…〉 the time be not spent in devising and enacting new Laws the number of which are so great already as it rather burtheneth than easeth the Subject but the principal cause of this Parliament is that her Majesty might consult with her Subjects for the better withstanding those intended Invasions which are now greater than ever before were heard of And where heretofore it hath been used that many have delighted themselves in long Orations full of verbosity and vain ostentations more than in speaking things of substance the time that is precious would not be thus spent This Session cannot be long the Spring-time is fit that Gentlemen should repair to their Countreys the Justices of Assize also to go their Circuits so the good hours would not be lost in idle Speeches but the little time we have should be bestowed wholly on such business as is needful to be considered of and Thursday next is appointed the day to present the Speaker Assoon as the Lord Keeper's Speech was ended Receivers of Petitions named the Clerk of the Parliament read the names of the Receivers of Petitions for England Ireland and Wales and Scotland Sir Francis Popham Lord Chief-Justice of the Kings-Bench John Clinch one of the Justices of the said Bench Dr. Awbery Dr. Ford and they which will deliver Petitions are to deliver the same within six days next ensuing Receivers of Petitions for Gascoigne and other parts beyond the Seas and the Isles Sir Edmond Anderson Lord Chief-Justice of the Common-Pleas Sir William Peryam Lord Chief-Baron Tho. Walmesley one of the Justices of the Common-Pleas Doctor Cary Doctor Stanhop and they which will deliver Petitions are to deliver them within six days next ensuing Triers of Petitions for England Ireland Wales and Scotland the Archbishop of Canterbury the Marquiss of Winchester the Earl of Darby Lord Steward of the Queens Houshold the Earl of Sussex 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 four of them calling to them the Lord Keeper of the Great Seal of England and the Lord Treasurer and the Queens Serjeants when need shall require shall hold their place in the Chamberlains Chamber Triers of Petitions for Gascoigne 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 Lincolne the Lord Hunsdon Lord Chamberlain to the Queen the Lord Lumley the Lord Buckhurst all these or any four of them Although the usual Custome in the Original Journal-books is to place all Proxies upon what days soever returnable before the beginning of the Journal it self yet I have conceived it more methodical to place all such Returns in those days upon which they were delivered to the Clerk of the Parliament and always upon the day on which the first Return was to make some short Observations of that if it be unusual and extraordinary and so to refer the view of the residue to their proper days On this instant Monday therefore being the Nineteenth day of February and the first day of the Parliament was returned only this one usual Proxie Decimonono die Februarii introductae sunt Litterae Procuratoriae Edwardi Episcopi Norwicensis in quibus Procuratores suos constituit Johannem Episcopum Lond. Richardum Episcopum Peterburgen Nota This is one of those Proxies I call an usual or ordinary Proxie when a Spiritual Lord maketh but two Proctors and a Temporal Lord but one and those of their own Order but when a Temporal Lord nominateth a Spiritual Lord for his Proctor or nominateth more than one Proctor and when a Spiritual Lord nominateth a Temporal Lord for his Proctor or but one Proctor or more than two these I call unusual and extraordinay Proxies And therefore at this very time of nine Temporal Lords that sent their Proxies but one named two Lords of which see afterwards on Munday March 5. all the rest naming but one Indeed of six Spiritual Lords which sent their
introductae sunt Litterae Procuratoriae Henrici Comitis Huntingdon in quibus Procuratores suos constituit Gulielmum Dominum Burleigh Thesaurarium Angliae Robertum Comitem Essex Vicecomitem Hereford Dominum Ferrers de Chartley. On Tuesday March 6. there was one Bill read once On Wednesday March 7. Breve returnatum est quo Johannes Salisburien Episc praesenti Parliamento interesse summonebatur qui admissus est ad suum praeheminenciae sedendi in Parliament locum salvo jure alieno The same morning there were four Bills read each of them once A Bill for restraining Popish Recusants to certain places of abode the fourth being a Bill for restraining Popish Recusants to some certain places of abode There was also brought up to the Lords from the House of Commons an Act for the naturalizing and making free of William Sidney eldest son of Robert Sidney Kt. Governour of Vlushing and Dame Barbara his wife and of Peregrine Wingfield son and heir of Sir John Wingfield Kt. and Dame Susan Countess of Kent his wife And note this day also was one extraordinary Proxie return'd from a Spiritual Lord who constituted but one Proctor whereas usually no such Lord constituteth fewer than two which Proxie is thus entered in the beginning of the Journal-book of this Parliament 7º Marcii introductae sunt Litterae Procuratoriae Mathei Dunelmensis Episc in quibus Procuratorem suum constituit Johannem Cantuariensem Episcopum On Thursday March 8. were three Bills each of them once read whereof the first was an Act for explanation and confirmation of the Queens Majesties Title to the Lands and Tenements late Sir Francis Englefield's Kt. convicted of High-Treason Not long after this Bill had been committed to ingrossing according to a certain Order formerly made by the Lords Francis Englefield Esq appeared before them with one of his learned Counsel who were commanded to declare what they could alleadge why an Act for explanation and confirmation of the Queens Majesties Title to the Lands and Tenements late Sir Francis Englefield's Kt. attainted of High-Treason should not pass And upon Allegations made by the learned Counsel the Lords commanded they should set them down in Writing and deliver them to the Atturney-General and that on Friday they should attend on the Judges and the Queens learned Counsel at Serjeants-Inne 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 Counsel might proceed upon the said Bill as it should seem best to their Lordships On Saturday March 10. to which day the Parliament had been last continued after the reading of one private Bill prima vice the Lords gave in Commandment to Mr. Atturney-General to bring on Munday certain Depositions remaining in the Exchequer concerning the Case of Sir Francis Englefield after they had first heard the opinion of the Judges which was delivered by the Lord Chief Justice of England March 11. Sunday On Munday March 12. two Bills had each of them one reading On Tuesday March 13. two Bills being each of them once read the Lords at the Bishop of Worcester's motion A Collection in the House of Peers for poor Souldiers condescended to a Contribution for the 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 the Lord Norris Collectors thereof and committed the bestowing thereof to the Earl of Essex and Lord Willoughby of Eresby On Thursday March 15. to which day the Parliament had been last continued were four Bills each of them once read On Friday March 16. were two Bills each of them once read And then the Lord Keeper continued the Parliament in the usual form to the Munday following On Munday March 19. one Bill onely upon its second reading was committed to be ingrossed On Tuesday March 20. the Bill touching Sir Francis Englefield's Lands had its third reading and was concluded Four Bills also more were this forenoon sent up to the Lords from the Commons On Thursday March 22. two Bills had each of them one reading On Saturday March 24. to which day the Parliament had been last continued was one Act concluded after the third reading and four other Bills brought up to the Lords from the House of Commons whereof one was an Act concerning the lawful deprivation of Edmond Bonner late Bishop of London March 25. Sunday An. 1593. On Munday March 26. were three Bills each of them once read Subsidy-bill read granted by the Temporaity whereof the first was an Act for the grant of three entire Subsidies and six Fifteenths and Tenths granted by the Temporalty which had passed the House of Commons and was sent up to the Lords on Saturday last This morning also two other Bills were sent up to the Lords from the said Commons On Tuesday March 27. three Bills had each of them one reading On Wednesday March 28. three Bills were read secunda vice and one Bill tertia vice Five other Bills were also sent up to the Lords from the Commons Nota This day was an unusual Proxie returned from one of the Bishops absent at this time from the Parliament as divers other Peers by the License of her Majesty in which Proxie he constituted but one Proctor whereas it is the usual custome for every Spiritual Lord to nominate two at the least and every Temporal Lord but one This Proxie is thus entered in the beginning of the original Journal-book of this Parliament 28º Die Marcii introductae sunt Litterae Procuratoriae Thomae Cicestrensis Episcopi in quibus Procuratorem suum constituit Johannem Archiepisc Cantuariensem On Thursday March 29. seven Bills had each of them one reading On Fryday March 30. five Bills were read whereof the first was the Bill of Subsidy granted by the Temporalty Subsidy granted by the Clergy passed and the last the Bill of Subsidy granted by the Clergy both which at this time upon their several third readings passed the Lords House On Saturday March 31. were five Bills read April 1. April 1. Sunday On Munday April 2. one Bill was read and six Bills of like consequence were sent up to the Lords from the Commons On Tuesday April 3. were four Bills once read On Wednesday April 4. one Bill was read prima secundae vice On Thursday April 5. three Bills of no great moment upon their third reading passed the House and were expedited This morning also this Order was agreed on amongst the Lords An Order about the Contribution for mustred Souldiers viz. Whereas the Lords of Parliament both Spiritual and Temporal assembled in the Parliament chamber at Westminster have with one uniform consent both in their own Names and the rest of the Lords absent ordered That there shall be a charitable Relief and Contribution made towards the relief and
Committees and some Amendments they had made in the said Bill and so delivered in the Bill and Amendments to the House The Bill for building and erecting of a bridge over the River of Wye at Wilton upon Wye neer the Town of Ross in the County of Hereford was read the third time and passed upon the Question Dr. Carewe and Dr. Stanhopp did bring from the Lords a Bill passed in this House and sent up to their Lordships entituled An Act for the establishing a Joynture to Anne Lady Wentworth now Wife of William Pope Esq and for the better enabling William Pope aforesaid to sell certain of his Lands for the payment of his Debts And another for the confirmation of the Joynture of the Lady Verney Wife of Sir Edmond Verney Knight which Bill their Lordships have also passed with some Amendments Sunday Feb. 5. On Munday Feb. 6. two Bills had each of them one reading of which the first being the Bill for the reformation of retailing and Pawn-takers was read the first time Mr. Boyes one of the Committees in the two Bills the one against carrying Corn out of the Realm and the other to restrain the lading of Corn in some Ports shewed the meeting of the Committees and that they had made some Amendments in one of the same Bills and so delivered the said Bills into the House Mr. Francis Bacon Bill against the decaying of Towns and houses of Husbandry one of the Committees in the Bill late 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 of the Committees and their Amendments in the said Bill which being read to the House were very well liked of by the whole House On Tuesday Feb. 7. two Bills had each of them one reading of which the second being a Bill for establishing a Joynture to Anne Lady Wentworth now Wife of William Pope Esquire and for the better enabling of the said William to sell certain Lands for payment of his Debts was read the second time and committed to Mr. Controuler Mr. Lukenor Mr. Francis Bacon Mr. Oglethorpe and the Knights and Burgesses of London and twenty four others who were appointed to meet this afternoon in the Court of Wards The Amendments and Provisoes of the Lords in a Bill lately passed in this House entituled An Act for the reviving continuing and repealing of divers Statutes being thrice read the Amendments were assented unto and the Provisoes were passed upon the Question On Wednesday Feb. 8. the Bill entituled An Act for the establishing of a Joynture to Anne Lady Wentworth now Wife of William Pope Esquire and for the better enabling of the said William to sell certain of his Lands for the payment of his Debts and the Bill entituled An Act for the enabling Edmond Moleneux Esquire to sell Lands for the payment of Debts and Legacies and the Bill entituled An Act against the deceitful stretching of Northern Cloath and the Bill entituled An Act for the further continuing and explanation of an Act for the necessary relief of Souldiers and Mariners made thirty five Reginae were sent up to the Lords by Mr. Controuler and others The Bill for the reformation of abuses in Wine-casks was read the third time and dashed upon the Question The Bill for the better execution of Judgments was read the third time and passed upon the Question On Thursday Feb. 9. the Bill entituled An Act for reformation of Retailing-Brokers and other Pawn-takers the Bill entituled An Act that Lessees may enjoy their Leases against all Patentees their Heirs and Assignees notwithstanding any default of payment of their Rents during the time that the Reversion or Inheritance remained in the Crown and a Bill entituled An Act for the better execution of Judgments were sent up to the Lords by Mr. Controuler and others The Bill for the Queens Majesties most gracious Pardon was once read and passed upon the Question Nota That whereas to the passing of other Bills three several readings are required here the Bill for her Majesties most gracious Pardon passed upon the first reading Mr. Serjeant Drewe and Dr. Carewe brought from the Lords the Bill entituled An Act for the grant of three Subsidies and six Fifteenths and Tenths and did shew that their Lordships in like manner have passed the said Bill and so delivered the same to Mr. Speaker to the end that he might carry the same up to the Upper House to be presented by him unto her Majesty in the name of the whole House Post Meridiem The Queens Majesty came to the Upper House soon after three of the clock of which the House of Commons having notice repaired thither with Christopher Yelverton Serjeant at Law their Speaker who having in the name of the whole House presented her Majesty with the Bill of three Subsidies and six Fifteenths and Tenths amongst other things desired her Majesties Royal assent to such Laws as had passed the two Houses He was answered according to her Majesties command by the Lord Keeper That she thankfully accepted of the said Gift of her loving Subjects and very well allowed of the said Speakers pains and Speech Then Mr. Smith the Clerk of the Upper House The Qu. passeth 24 publick Acts and 19 private Acts and refuses 48 Acts that had passed both Houses and then dissolves this Parl. having read the Titles of all the Acts her Majesty gave her Royal assent to twenty four publick Acts and nineteen private and refused fourty eight which had passed both the Houses After which Sir Thomas Edgerton Knight Lord Keeper of the great Seal of England by her Majesties commandment dissolved this present Parliament An exact Journal of the Passages of the Vpper House of Parliament 43 Eliz. holden at Westminster anno 43 Eliz. Reginae annoque Dom. 1601. which began on Tuesday 27 Octob. and there continued until 19 Decemb. next insuing ON Tuesday Octob. 27. Oct. 27. the Parliament held according to the Summons that had been sent forth The Qu. comes to the House of Peers and the Queens Majesty was personally present in the Upper House about three of the clock in the afternoon her Majesty came accompanied with the Lord Keeper of the great Seal and divers of the Nobility and Bishops There were present all sitting in their Parliament-Robes according to their several places these Noble Personages following Lift of the Peers then present The Archbishop of Canterbury Sir Tho. Edgerton Lord Leeper of the great Seal The Lord Buckhurst Lord Treasurer of England The Marquiss of Winchester The Earl of Sussex Earl Marshal of England The Earl of Nottingham Lord High-Admiral of England and Lord Steward of her Majesties Houshold The Earl of Northumberland The Earl of Shrewsbury The Earl of Derby The Earl of Worcester The Earl of Cumberland The Earl of Hertford The Earl of Lincoln BISHOPS The Bishop of London The Bishop of
Durham The Bishop of Winchester The Bishop of Rochester The Bishop of Coventry and Litchfield The Bishop of Worcester The Bishop of Bath and Wells The Bishop of St. Davids The Bishop of Lincoln The Bishop of St. Assaph The Bishop of Chester The Bishop of Chichester The Bishop of Exeter The Bishop of Salisbury The Bishop of Ely The Bishop of Peterborough BARONS The Lord Zouche The Lord Cobham The Lord Stafford The Lord Grey de Wilton The Lord Dudley The Lord Lumley The Lord Sturton The Lord Windsore The Lord Mordant The Lord Wharton The Lord Rich. The L. Willoughby of Parham The Lord Sheffield The Lord Darcy of Chichester The Lord Chandois The Lord St. John of Bletsoe The Lord Compton The Lord Norreys The Lord Howard of Walden Sir Thomas Edgerton Kt. Lord Keeper of the great Seal of England made a Speech to this effect An. 1601. HE used strong perswasions both to Thankfulness and Obedience Lord Keeper's Speech and also shewed her Majesty desired the Parliament might end before Christmas He shewed the necessity we stand in and the means to prevent it the necessity of the Wars between Spain and England the means and treasure we had to oppose His advice was that Laws in force might be revised and explained and no new Laws made The causes of the Wars he laid down to be that they were Enemies to God the Queen and the Peace of this Kingdom that they conspired to overthrow Religion and to reduce us to a tyrannical Servitude These two Enemies he named to be the Bishop of Rome and the King of Spain Our Estate standing thus he advised us to be provident by reason we deal with circumspect Enemies and said he was confident of good success because God hath ever and he hoped ever would bless the Queen with successful fortune He shewed how apparent his providence was for by experience and judgment his tortering he giveth the means and courses he taketh for our instructions And secondly the success we had against him by Gods strong arm of defence in Anno 1588 and divers others times since You see to what effect the Queens support of the French Kings Estate hath brought him to even made him one of the greatest Princes in Europe yet when her Majesties Forces there left him how again he was fain to ransome a servile Peace at the hands of our Enemies the Spaniards with dishonourable and servile Conditions For the Low Countries how by her aid from a confused Government and Estate she brought them to an unity in Council and defended them with such success in her Attempts against the greatest power of the Spaniards tyrannical designes which have so much galled him that how many desperate practices have been both devised consented unto and set on foot by the late King his Father I need not shew you nor trouble you with Arguments for proof thereof being confessed by them that should have been Actors themselves thereof but De mortuis nil nisi bonum I would be loath to speak ill of the dead much more to slander the dead I have seen her Majesty wear at her Girdle the price of her own bloud I mean Jewels that have been given to her Physicians to have done that unto her which God will ever keep her from but she hath worn them rather in triumph than for the price that hath not been valuable Receivers of Petitions for England Receivers of Petitions Ireland Wales and Scotland Sir John Popham Kt. Lord Chief Justice Francis Gawdy one of the Justices of the Kings-bench George Kingsmell one of the Justices of the Common-Pleas Dr. Carewe and Dr. Stanhopp Receivers of Petitions for Gascoigne and other Lands and Countries beyond the Seas and of the Isles Sir Edm. Anderson Kt. Lord Chief Justice of the Common-Pleas Sir William Periam Kt. Lord Chief Baron Thomas Walmesly one of the Justices of the Common-Pleas Dr. Swale and Dr. Hene Triers of Petitions of England Ireland Wales and Scotland Triers of Petitions The Archbishop of Canterbury the Marquiss 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 Hertford the Bishop of London the Bishop of Durham the Bishop of Winchester the Lord Zouche 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 the Queens Serjeants at their leisures to meet and hold their place in the Chamberlain's chamber Triers of Petitions for Gascoigne and other Lands and Countries beyond the Seas and 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 Huntingdon the Bishop of Rochester the Bishop of Lincoln the Lord Hunsdon Chamberlain to the Queen the Lord De-la-ware the Lord Lumley the Lord Burleigh All these or any four of them calling to them the Queens Serjeants and the Queens Atturney and Sollicitor to hold their place when their leisure did serve them to meet in the Treasurer's chamber Then the Lord Keeper continued the Parliament which is set down in the Original Journal-book in these words Dominus Custos Magni Sigilli ex mandato Dominae Reginae continuavit praesens Parliament usq in diem Veneris prox futur viz. 30 diem Octob. On Friday Octob. 30. about one of the clock in the afternoon her Majesty came by water to the Upper House and being apparelled in her Royal Robes and placed in her Chair of Estate divers of the Lords Spiritual and Temporal being present the Knights Citizens and Burgesses of the House of Commons who had attended at the door with John Crooke Esq Recorder of London John Crooke Esq Recorder of London presented as Speaker their Speaker elect the full space of half an hour were at last as many as could be conveniently let in And the said Speaker was led up to the bar at the lower end of the said House by Sir William Knolls Kt. Controuler 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 Soveraign UPon your commandment His Speech your Majesties most dutiful and loving Commons the Knights Citizens and Burgesses of the Lower House have chosen me your Majesties most humble servant a Member of the same House to be their Speaker but my self finding the weakness of my self and my ability too weak to undergo so great a burthen 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
triyling Suits in Law of which the first was to avoid trifling Suits in Law in her Majesties Courts at Westminster On Thursday Decemb. 3. two Bills had each of them one reading of which the second was the Bill for enabling Edward Nevil of Burling in the County of Kent and Sir William Nevil his son to sell certain Lands On Friday Decemb. 4. the Bill against Drunkards and common Haunters of Ale-houses and Taverns the Bill for levying of Fines with Proclamations of Lands within the County of the City of Chester the Bill for enabling of Edward Nevil of Berlin in the County of Kent Esq c. and the Bill for confirmation of Letters-Patents made by Edw. 6. to Sir Edward Seignior Kt. were each of them read secunda vice On Saturday Decemb. 5. the Bill for maintenance of the Navy increase of Mariners and for avoiding the scarcity of Victuals was read prima vice Report was made to the House by the Lord Archbishop of Canterbury the first of the Committees concerning Musters Souldiers c. That the said Committees having oftentimes met and conferred about the said Bill did finde so many imperfections in the same as it could not conveniently be mended and therefore thought it meet to draw a new Bill which he presented to the House The Bill entituled An Act for the more peaceable government of the Parties of Cumberland c. was returned to the House with certain Amendments which Amendments were presently twice read and thereupon the Bill commanded to be ingrossed On Munday Decemb. 7. two Bills had each of them one reading of which the first being the Bill for the more peaceable government of the Parties of Cumberland c. was read tertia vice and sent down to the House of Commons by Dr. Carewe and Dr. Stanhopp The Bill to avoid the double payment of Debts was brought up to the Lords from the House of Commons by Mr. Controuler Sir Edward Hobby and others Four other Bills had each of them one reading of which the third being the Bill for the confirmation as well of all Grants made to the Queen and of all resumptions made by her Highness of the possessions of any Archbishoprick or Bishoprick as of Letters-Patents made by her Majesty to others was read prima vice The Bill for confirmation of Grants made to the Queen and of Letters-Patents made by her Highness to others was this day returned to the House with certain Amendments by the Lord Treasurer the first of the Committees This day Sir William Knowls Sir Edward Hobby Knights and divers others of the House of Commons delivered a Message from the said House desiring a Conference with some of their Lordships concerning the uniting of Eye and Dunsden to the Mannor of Sunning Upon the delivery of which Message after the said Sir William Knowls and the rest had a little withdrawn and then upon propounding this Motion to this House the Lords having assented thereunto Answer was made by the Lord Keeper sitting in his place and the the rest of the Lords also keeping their places unto the said Sir William Knowls and the rest That the Lords had yielded to the Conference and had appointed the Lord Treasurer the Lord Steward the Lord Bishop of London the Lord Bishop of Winchester the Lord Zouche and the Lord Cobham to meet with some select persons of the House of Commons for that purpose to morrow by eight a clock in the morning at the Utter chamber neer the Parliament-presence On Tuesday Decemb. 8. six Bills had each of them one reading of which the last being the Bill concerning Captains and Souldiers and other in the Queens service in the Wars was read secunda vice and committed to the Committees formerly appointed for the first Bill of that kind with addition of the Lord Windsor and the said Committee to meet upon the said Bill upon the first opportunity of meeting on any other Bill and the said Bill was delivered to the Earl of Nottingham the third of the Committees Nota NOTA. That here this Bill was delivered unto the Earl of Nottingham being the third of the Committees of whom the Archbishop of Canterbury and the Lord Treasurer were the two first Whereas on Munday Nov. 23. a Bill being committed upon the second reading was delivered unto the Archbishop the first of the Committees And on Thursday Nov. 26. upon the commitment also of a Bill in the like manner the Bill was delivered unto the Lord Howard of Walden being the Puisne Baron or last of the Committees by which it is plain that in the Upper House as well as in the House of Commons after any Bill is committed upon the second reading it may be delivered indifferently to any of the said Committees A Proviso was offered by the Earl of Worcester on the behalf of the Earl of Shrewsbury to be annexed unto the Bill entituled An Act for the consirmation of Grants made to the Queens Majesty and of Letters-Patents made by her Highness to others which Proviso together with the Amendments in the said Bill were read presently And forasmuch as the Lords desired a speedy proceeding in the said Bill they sent Dr. Carewe and Dr. Stanhopp to the House of Commons to move them that some meet persons of that House might joyn in Conference with the Lords being to the number of twenty or thereabouts concerning the Proviso and Amendments aforesaid and that the meeting about the same might be at the outward Chamber neer to the Parliament-presence to morrow by eight of the clock in the morning Upon delivery of which Message to the House of Commons they assented accordingly to the Motion made on that behalf Upon a Motion sent this day from the House of Commons by Sir Walter Rawleigh Sir Francis Hastings Sir Edward Hobby and others signifying That they desired Conference with some of their Lordships for certain matters concerning the honour of both Houses the Lord Archbishop of Canterbury the Lord Treasurer the Earl of Nottingham Lord Steward the Earl of Northumberland the Earl of Worcester the Bishop of London the Bishop of Durham and the Bishop of Winchester the Lord Zouche the Lord De-la-ware the Lord Cohham and the Lord Howard of Walden were appointed to meet on Thursday next by eight a clock in the morning at the outward chamber neer the Parliament-presence which was signified to Sir VValter Rawleigh and the rest in answer of their Message On VVednesday Decemb. 9. the Counsel of the Lady Fane was heard in the House what he could say on her behalf against the Bill of Edward Nevil and Sir Henry Nevil his son whereupon the Lords finding no cause why the proceeding on that Bill should be any longer staid Order was given for the third reading thereof The Bill for the enabling of Edward Nevil Esq and Sir Henry Nevil his son and heir apparent to dispose of certain Copyhold-lands was read tertia vice upon the third reading of which Bill and before
Sunday in Fair or open Market that this should be Void and she and the Goods forfeited to the Queens Use for that is a Contract At which all the House Laughed Mr. Bacon said Bacons Speech for Repealing superfluous Laws May it please you Mr. Speaker not out of Ostentation to this House but in Reverence I do speak it That I do much wonder to see the House so continually divided and to agree upon nothing to see many Laws here so well framed and Offences provided against and yet to have no better Success and Entertainment I do think every man in his particular bound to help the Common-wealth the best he may and better it is to venture a mans Credit by Speaking than to stretch a mans Conscience by Silence and to endeavor to make that good in Nature which is possible in Effect Laws be like Pills all gilt over which if they be easily and well swallowed down are neither bitter in digestion nor hurtful in the body every man knows that Time is the true Controuler of Laws and therefore there having been a great alteration of Time since the Repeal of a number of Laws I know and do assure my self there are many more than I know Laws both needless and dangerous I could therefore wish that as usually every Parliament there is a Committee selected for the Continuance of divers Statutes so the House would be pleased also that there might be a Committee for the Repeal of divers Statutes and of diverse superfluous Branches of Statutes And that every particular Member of the House would give Information to the Committees what Statutes he thinketh fitting to be Repealed or what Branch to be Superfluous lest as he said pluat super nos laqueas The more Laws we make the more Snares we lay to entrap our selves Upon which Motion a Committee was granted to meet on Friday On Saturday November 7. An Act That the Marquesse of Winchester may dispose of his Lands whereof he is Tenant in Tayle as other Tenants in Tayle may do by the Laws and Statutes of this Realm was read the first time and the Pedigree hereafter set down was then produced to the House Robert Willoughby Lord Brook 1. Dorothy 2. Wife Edward Willoughby Blaunch the First Daughter Marryed to Francis Dawtery Elizabeth the 2 d. Daughter Marryed Sir Fulke Grevill and had Issue Fulke Grevill Esquire Anne 1. Daughter Charles Lord Montjoy James Lord Montjoy Charles Ld. Montjoy Elizabeth 2. Daughter 1. Sir John Pawlet Lord Marquess of Winchester William Lord Marquess of Winchester William now L Marquess 1. The Lady Denny had Issue two Daughters 2. The Lady Katharine 2 d. Daughter had Issue 4 Sons 2 Daughters 3. The Lady Elizabeth was Marryed to Sir William Courtney Sir William Courtney had Issue 3 Sons and 6 Daughters Mary Marryed to the Ld. Cromwel had Issue 2 Sons 1 Daughter ore Sn'r and had Issue 2 Sons 1 Daughter had Issue 1 Son George Cromwel 1 Daughter and had Issue 7 Children There was this day a Page brought to the Bar A Page is brought before the House for that Yester-day Sir Francis Hastings had caused him to be Committed For that as he went down the stairs the Page offer'd to throng him Whereupon he held him till the Speaker came out of the House who did commit him to the Serjeant's Custody till this day to know the Pleasure of the House what they would do therein But this day upon Sir Francis Hasting's intreaty speaking very earnestly for him and of his innocency and unwillingness to do that Fact as also upon the Pages Submission upon his Knees at the Bar he was discharged It was moved That because his Hair was very Long he might be carried to a Barber and close cut before his Discharge But that was thought very unfit for the Gravity of the House to take notice of so light a fault so after a sharp and threatning Admonition given him by the Speaker he was Discharged Sir Edward Hobby moved the House That for as much as the antient Custom of the Parliament had been that not only themselves but their Servants should be free from all Arrests yet notwithstanding a servant of Mr. William Cook a member of this House was Arrested by one Baker a Serjeant at the suit of another upon a Bond in which indeed he is but Surety as may appear unto you by this Letter so the Letter was Read the Contents whereof was as aforesaid with this Clause in the end From the most Loathsome and the unfortunate Hole in the Prison of Newgate I humbly c. Upon which Motion as also upon Declaration of a Precedent in the 35 of Henry the Eighth That the Sheriffs of London were Committed to the Tower for Arresting George Ferrars a Member of this House It was generally agreed That the Serjeant of this House should be presently sent with his Mace for the said Prisoner his Keeper and also should command the said Baker the Serjeant and the procurater of the Arrest to attend the Court on Monday morning so after the Serjeant had been away about an hour and an half he brought the Prisoner and his Keeper to the Bar who Affirmed the whole matter as aforesaid And the Keeper was Commanded to deliver his Prisoner to the Serjeant which he did by taking him by the Hand and so delivered his Prisoner to the Serjeant And the House commanded the Keeper to take no Fees and so the Prisoner was quite discharged But Sir Robert Wroth moved to know Whether Mr. Cook would Affirm that man to be his Servant who stood up and said He was one of his most necessary Servants for in truth quoth he he is my Taylor And thereupon the Serjeant was sent for him as aforesaid An Act for the better Setling of Watches was Read and committed and the Committees to meet at the midle Temple-Hall on Thursday in the afternoon Mr. Henshaw moved the House That the immediate Land-Lord of every such Night-Walker should be bound for the good Behaviour of him to the Queens Use which the House would by no means hear of An Act to avoid and prevent divers Lewd Misdemeanors in base and idle Persons was Read and Committed to the Committees in the Bill for Night-walkers to meet on Thursday after-noon in the midle Temple-hall An Act against Drunkards A Bill against going to an Ale-house if within Two Miles of ones own House and haunters of Ale-houses the Effect whereof is That if any man do go to an Ale-house within two miles of his own House he shall Forfeit so much as he is in the Subsidy Mr. Glascock spake to this Bill and Informed the House That it was a common and usual thing in Lancashire and those Parts for Gentlemen as they go a Hawking to go and take a Repast at an Ale-House Mr. Glascock Opposes it Yea men sometimes of 500. Marks a Year But Mr. Speaker I hope these
of the Chancery Sir Francis Hastings said Sir Francis Hastings By the Leave of your Honourable Favours I will shew you that I my self was yesterday with the Lord Keeper and how honourably I heard him speak of this House That he desireth no more than to shew the Love and Duty he beareth to this House as also that himself would be our immediate Officer and would be willing and glad to receive a Warrant from us so it might be directed to him for his Discharge be it in what Terms soever we pleased And he said he doubted not but if this Honourable House knew so much they would rather choose him than any other Minister Thus much I thought fit to certify this House of which being spoken in private unto me I now deliver in publick unto you For my own Advice I think nothing can be more Honourable to this House than to have a person of so great Estate to whom we may direct our Warrant as our Minister Mr. Francis Bacon said Mr. Bacon It is far more Honourable for this House in my Opinion when our Warrant shall move the Principal Member of Justice than when it shall command a base petty or inferiour Servant to the Clerk of the Crown or the Clerk of the Petty-Bag It will be said our Warrant emanuit improvide when we shall direct our Warrant to these base Officers when we may move the great Seal of England by it even as soon as either Petty-Bag or Petty Officer Mr. Speaker said Mr. Speaker I was ever Zealous and Jealous of the Privileges and Orders of this House I was commanded by you to send forth a Warrant for the Election of a Knight and Burgesse I found a Resolution and judgment Agreed and Resolved That during the time of the Sitting of this House the Speaker for any new Election is to make a Warrant directed to the Clerk of the Crown so that in my doing thereof I hope I have done rightly Mr. Secretary Cecil said 〈…〉 I shall move unto you a Conclusion which will end this Controversy and in the mean time be a Saving unto all persons I mean not to second my former Errour for which I was excepted to That is that Mr. Speaker or any Member of this House should attend my Lord Keeper but that four of this House might be Assigned to go unto my Lord Keeper to know the cause of the Stay as also his Lordship's request unto this House And that other six may be Assigned to call before them the Clerk of the Crown the Clerk of the Petty-bag and the Clerk of this House with their Precedents and Books to see to whom this Warrant hath in former times been directed and whether the Privileges in former times have daunced a Pavan too and Pro and according to the time have been altered This to be done this afternoon and to certify the House to morrow And then We to make a Determinate Resolution To which all said It was a good Motion Mr. Holteroft a Knight for Cheshire said May it please you Mr. Speaker the County-day for Denbyshire is on Thursday next and therefore there had need be speed made or else there can be no Election this Parliament Mr. Speaker said Will 't please you to name the six Committees So the House Named Sir Edward Hobby Serjeant Harris Sir Francis Hastings and three others Mr. Speaker also said Will 't please you to Nominate the four to go to the Lord Keeper So the House 〈◊〉 Mr. Seceretary Hubbart Sir Edward Stafford Sir Edward Stanhop and Mr. Fulk Grevil On Saturday Novemb. 14. The Bill for the Confirmation of the Sale of Lands made by Leaes Lord Mordant Deceased The Bill for Amending the Statute made 8 Reginae concerning the making of Hats A Bill to enable Sir Edward Markham Knight to sell Lands was Read and committed The Committee to meet on Friday in the afternoon in the Court of Wards The Bill for the Repealing of certain Statutes for the Reforming of certain Abuses in Cloathing in the County of Somerset Mr. Johnson said Mr. Johnson informed that he is Sub●…d Mr. Speaker I being a Member of this House I thought it my Duty to Inform you That my self and divers others are served with Subpanas I do not this either that I am loath to answer or desire to delay Justice but to Inform the House thereof by Peradventure it might be a Precedent or some prejudice to the Priviledge of this House Here is one which is now delivered into my Hand The House Cryed Read it So the Clerk Read it Edvardo Mountague Jacobo Harrington c. indorsatur Stephanus Riddlesden sequitur hoc Another was read Michaëli Hicks Thomae Lowe in Cancellaria Another Henrico Jackman Jeronimo Horsey in Scaccaria ad sectam Thomae Cornwallis Armigeri per Billam Anglicanam Another Michaëli Same 's Riccardo Same 's in Banco Reginae ad Testificandum inter Reginam Johannem Stray After the Reading of which he certified the House thus much That the Informer came to his Lodging this Morning as he was coming out of the Doors and asked for him he told him He was the Man Then quoth the Informer the Queen Greets you well What 's this quoth I A Subpoena quoth the Informer and I charge you to appear upon it according to the Contents Then I told him I was of this House and could not Attend He answered me again There it is I care not look you to it at your Peril Mr. David Waterhouse stood up and shewed David Waterhouse shews Reasons for the Allowing it That the Subpoena came out of his Office and further shewed The Necessity of Obeying it For that a Cause for want of a Witness might be lost And therefore if the Hearing be appointed at a Day certain the Client might peradventure be undone if he should not have this Subpoena ad Testificandum in due time both served and appeared unto Sir Edward Hobby alledged divers Precedents in this Point Sir Edward Hobby shews Precedents against it as the 10th of February 27 Reginae Mr. Kerle served one Roger Stepney with a Subpoena into the Star-Chamber for which he was adjudged to the Serjeant at Arms Keeping for Six Dayes and to pay Five Marks Charges And the 25th of March 27 Reginae Mr. Crook served a Member of this House with a Subpoena into the Chancery and for so doing was adjudged to give a Copy of the Bill and Twenty Shillings for Charges and was committed to the Serjeant's Keeping Mr. Wiseman said Seconded by Mr. Wiseman against it That notwithstanding the Allegation and Excuse of the Gentleman that spake in Favour of the Subpoena ad Testificandum I think it deserveth no more Favour than the other For if the Necessity of the Cause were such that he must needs be served and spared out of this House the Party ought to ask Leave of the House or at least of
it is a Commendable piece of Work but Mr. Speaker methinks the Bill yeildeth too great scope of Fishing into the Sea which how Prejudiciall it may be to the Office of the Lord Admiral or to his Successors or to the Royalty of any other I know not therefore That the Bill may have the safer Passage I wish it may be Considered of at a Commitment A Bill for the Assurance of a Joynture to Lucy Countess of Bedford Committed and the meeting to be in the Exchecquer-Chamber upon Wednesday in the Afternoon at two of the Clock A Bill for the Observation of certain Orders in the Exchecquer set down under her Majesties Privy-Seal And the Bill to Enable Mr. Edmond Markham to dispose of his Lands whereof he is Tenant in Tayl as other Tenants in Tayl by the Laws and Statutes of this Realm may do The question upon the Checquer-Bill grew Whether before Commitment the Counsel of the Clerks of Mr. Osborne's Office should be had in respect of Mr. Wing feild moved The old Officers might be heard by their Councel Mr. Bacon said I did rather yeildingly accept than forwardly imbrace this labour imposed upon me I Wish the Councel may be heard because we shall have the more time of consideration what to do There is nothing so great an impediment to certainty of prevailing as hast and earnestness in prosecuting I therefore think it fit that they may have time Assigned them to proceed by Councel Mr. Martyn said Mr. Speaker Mr. Martyn Here is a new Bill sprung out of the old it hath a smooth face and I think the inward part of the Bill is answerable to the Exterior I am utterly against that they should have Councel they have had time enough already to consider of it If their Councel be now without it were good we heard them if not I hold it best to proceed to the Question Then the house cryed To the Question for Commitment and it was Committed and it was agreed that they should have their Counsel there Then the Question was When the Commitment should be some said this Afternoon others Monday but being put to the Question the House was divided and the I I I were 98 and the Noes 181. and so Monday was agreed on At the Commitment in the Afternoon touching Monopolies Sir Edward Stanhop informed the House Sir Edw. Stanhop against Patentees of the great Abuse by the Patentee for Salt in his Country that betwixt Michaelmas and Saint Andrews tide where Salt was wont before the Patent to be sold for Sixteen pence a Bushel it is now fold for Fourteen and Fifteen shillings a Bushel but after the Lord President had understood thereof he Committed the Patentee who caused it to be sold as before This Patent was granted to Sir Thomas Wilks and after to one Smith To Lynn there is every year brought at least Three Thousand weight of Salt and every weight since this Patent is inhanced Twenty shillings and where the Bushel was wont to be Eight pence it is now Sixteen pence And I dare boldly say it if this Patent were called in there might well be Three Thousand Pounds a year saved in the Ports of Lynn Boston and Hull I speak this of white Salt Mr. Francis Bacon said Mr. Fr. Bacon against the Bill but Moves to go by way of Petition The Bill is very injurious and ridiculous Injurious in that it taketh or rather sweepeth away her Majesties Prerogative and Ridiculous in that there is a Proviso That this Statute shall not extend to Grants made to Corporations That is a gull to sweeten the Bill withall it is only to make Fools Fond. All men of the Law know that a Bill which is only Expository to Expound the Common-Law doth Enact nothing neither is any Proviso good therein And therefore the Statute of 34. Hen. 8. of Wills which is but an Act expository of the Statute of 32. Hen. 8. of Wills touching Sir John Bonfords Will was adjudged void Therefore I think the Bill unfit and our proceedings to be by Petition Mr. Solicitor Fleming said Mr. Solicitor's Acount of the Queen's intentions I will briefly give you an account of all things touching these Monopolies Her Majesty in her provident care gave Charge to Mr. Atturney and my self That speedy and special course may be taken for these Patents This was in the beginning of Hillary-Term last But you all know the danger of that time and what great Affairs of importance happen'd to prevent that business Since that nothing could be done therein for want of Leisure Sir Robert Wroth said Sir Rob. Wroth. I would but Note Mr. Solicitor That you were charged to take Care in Hillary-Term last Why not before There was time enough ever since the last Parliament I speak it and I speak it boldly These Patentees are worse than ever they were And I have heard a Gentleman affirm in this House That there is a Clause of Reversion in these Patents If so what needed this stir by Quo warranto and I know not what when it is but to send for the Patents and cause a redelivery There have been diverse Patents granted since the last Parliament these are now in being viz. The Patents for Currants Iron Powder Cards Hornes Oxe Shin-bones Traine Oyle Lists of Cloath Ashes Bottles Glasses Baggs Shreds of Gloves Aniseed Vinegar Sea-Coales Steele Aqua-vitae Brushes Pots Salt Salt-Petre Lead Accedence Oyle Transportation of Leather Callamint-stone Oyle of Blubber Fumothoes or dried Pilchers in the smoak and divers others Upon Reading of the Patents aforesaid Mr. Hackwel Mr. Hackwell of Lincolns-Inn stood up and asked this Is not Bread there Bread quoth another This voice seems strange quoth a third No quoth Mr. Hackwell but if order be not taken for these Bread will be there before the next Parliament Mr. Townshend of Lincolns-Inn the Collector of this Journal seeing the disagreement of the Committees Mr. Townshend and that they could agree upon nothing made a Motion to this effect First to put them in mind of a Petition made the last Parliament which though it took no effect we should much wrong her Majesty and forget our selves if we should think to speed no better in the like Case now because there was a Commitment for this purpose and the Committees drew a Speech which was deliver'd by the Speaker word for word at the end of the Parliament But now we might hope that by the sending of our Speaker presently after such a Committee and Speech made with humble Suit not only to Repeal all Monopolies Grievous to the Subject but also that it would please Her Majesty to give us leave to make an Act that they might be of no more force validity or Effect than they are at the Common Law without the strength of her Prerogative which though we might now do and the Act being so reasonable we did assure our selves Her Majesty would not deny the passing
ac vobis per seperalia Brevia nostra apud Civitat diem praedict interesse mandaverimus ad tractandum consentiendum concludendum super hiis in dicto Parliamento nostro tunc ibidem proponerentur tractarentur quibusdam tamen certis de causis considerationibus nos ad hoc specialiter moventibus dictum Parliamentum nostrum usque ad quartam diem Februarii prox futur duximus prorogandum Ita quod nec vos nec aliquis vestrum ad dictum duodecimum diem Novembris apud Civitatem praed comparere teneamini seu autemini volumus enim vos quemlibet vestrum nos penitus openerari Mandanies tenore presentium firmiter injungendo precipientes vobis cuilibet vestrum ac omnibus aliis quibus in hac parte intererit quod ad dictum quartam diem Februarii apud praedictum Civitate Westmonaster personaliter compereatis intersitis quilibet vestrum compereat intersit ad tractand faciend agend concludend super hiis quae in dicto Parliamento nostro de Communi consilio dicti Regni nostri favente Domino contingerint ordinari In cujus rei testimonium has literas nostras sieri fecimus Patentes Teste meipsam apud Westm quinto decimo die Octobris Anno Regni nostri tricesimo Per ipsam Reginam Ha. Gerrarde And according to this Prorogation the Parliament held on the fourth day of February following when the Queen's Majesty in her accustomed state and order came to the Upper House accompanied by Sir Christopher Hatton Knight then Lord Chancellor of England and divers of the Nobility of which the Journal-book maketh mention in manner and form following On Tuesday the fourth of February Feb. 4. The Q. comes to the House of Lords in the 31th year of the Reign of Queen Elizabeth to which day the Parliament had been last prorogued and accordingly now held the Queen's Majestie was personally present in Parliament but the Journal-book doth not mention the names of such Lords as were then present The Queen being set under her Cloath of Estate and the Lords placed in their several ranks and order and as many of the House of Commons as conveniently could being let in and standing before the Bar Sir Christopher Hatton Knight Lord Chancellor of England Heads of the L. Chancellor Hatton's Speech in a well-framed and discreet Speech did there declare unto them at large 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 enjoyeth by her Government and remembred the great Conquest over the Spanish late wonderful Army or Fleet on the Seas viz. Anno Dom. 1588. He further declared how much the King of Spain remained bent against this Kingdom And lastly shewed that 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 as by councel of man is possible to be made and provided that Arms Souldiers and Moneys may be in readiness and an Armie prepared and furnished against all Events The Lord Chancellor's Speech being ended the Clerk of the Parliament read the Names of the Receivers and Triers of Petitions in French according to the usual form which were these Receivers of Petitions for England Ireland Wales and Scotland Sir Christopher Wray Chief Justice Committees or Receivers and Triers of Petitions Sir Gilbert Gerrard Kt. Master of the Rolls Sir Robert Shute one of the Justices of the Kings-bench Dr. Aubery and Dr. Ford. Receivers 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 Dr. Clarke and Dr. Cary. Triers 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 the Lord Cobham and the Lord Gray of Wilton Triers of Petitions for Gascoigne and for other Countries on the other side the Seas and the Islands The Earl of Oxford great Chamberlain of England the Earl of Warwick the Earl of Pembrooke the Bishop of Salisbury the Bishop of Lincoln the Bishop of Rochester the Lord Hunsdon Lord Chamberlain to the Queen the Lord Lumley and Lord Buckhurst During this Parliament upon several days seven Temporal Lords sent their Proxies so did five Spiritual Lords Et norandum That all the said Spiritual Lords excepting one did every one constitute two several Proctors and the fifth being John Bishop of Carlisle whose Proxie was returned February the fifth made onely one viz. the Archbishop of Canterbury his Proctor It likewise seldom happeneth that any Bishop doth nominate fewer than three or two Proctors nor any Temporal Lord more than one Nota That the Lord Burleigh had this Parliament four Proxies sent unto him viz. one from the Lord Dacres one from the Earl of Warwick one from Viscount Mountacute and one from the Lord Lumley Ipsa Regina continuavit praesens Parliamentum usque in diem Jovis prox hora secunda post meridiem On Thursday February 6. to which day the Parliament had been last continued the Queens Majestie was personally present coming to the said Parliament in her accustomed state and order about three of the clock in the afternoon it being the time appointed for the House of Commons to present their Speaker who they had been authorized to chuse on Tuesday last when the Parliament first began And thereupon accordingly the Queen and Lords being set and the said Knights Citizens and Burgesses of the House of Commons being let into the Upper House two of the most eminent persons of the said House did lead up to the Bar of the Upper House George Snagg Serjeant at Law Geo. Snagg their Speaker presented to the Queen Excuses himself who was chosen the Speaker of the said House of Commons who being placed at the said Bar and silence being made did in a modest and discreet Speech disable himself by reason of his many imperfections and humbly desired her Majestie to discharge him of that great Place and to nominate some other more able and sufficient Member of the same House Whereupon the Lord Chancellor by commandment from the Queen The Queen approves of him did let him know That her Majestie did very well allow of his Choice and thereupon encouraged him willingly and cheerfully to undertake and execute that Charge and Place to which he had been by the free and unanimous consent of the House of Commons elected and chosen Upon which Speech of the Lord Chancellor's the said Speaker according to the usual course and form rendering all humble thankfulness to the Queens Majestie for her underserved
on Tuesday next at two of the clock in the afternoon Also the Bill touching Orford-Haven committed yesterday was this day delivered to Mr. Arthur Hopton one of the Committees On Saturday Feb. 15. a Bill to reform Disorders in Purveyors was read the first time Mr. Treasurer Mr. Cradock Sir William Moore and others did speak unto the Bill and afterwards it was ordered upon the Question That the said Bill should be read again this present day whereupon the said Bill was then presently read again and upon the Question committed unto all the Privy Council being of this House and all those that spake unto the Bill and some others added unto them who were appointed to meet in this House upon Munday next at two of the clock in the afternoon And the same time and place is also appointed for the Committees in the Bill for Informers and Informations Feb. 16. Sunday On Munday Feb. 17. the Bill touching the multiplicity of Suits and the excessive numbers of Atturneys Bill against excessive numbers of Suits and Atturneys was upon the second reading committed unto the Knights for the Counties of Norfolk and Suffolk Mr. Recorder of London Mr. Cromwel and others who were appointed to meet upon Wednesday next at two of the clock in the afternoon at Serjeants-Inne in Chancery-lane Sir Edward Hobby sheweth with his great grief That since the last sitting of this House 〈…〉 he hath been of some great Personage being no Member of this House very sharply rebuked for some of his Speeches delivered in this House by him on Friday last in the setting forth of the Bill for Reformation of Abuses in some Officers in the Court of Exchequer and that the same his Speeches have been delivered by some unto the said great Personage very untruly as tending to all the Officers of the said Court. And so shewing other the particularities as well of his own said former Speeches as of the said untrue Report and sinister construction of the same somewhat at large doth in the end refer himself therein to the testimony of this whole House and withal praying the good consideration of this House towards him in this his honest and just excuse as in like former cases hath been oft accustomed towards other Members of this House and especially in regard of the maintainance and preservation of the ancient Liberties of the same desired that by some of this House the said great Personage may be satisfied of the truth of the Case And also moved to shew the name of the Reporter of the said untrue Speech and to that end citeth to them two like Presidents of this House one in the time of King Edw. 6. and the other of the Queens Majesty that now is And shewed further That he thinketh his said Speech was discover'd after Mr. Speaker his late Admonition generally given to the whole House against the uttering the Secrets of this House either in Table-talk or Notes in Writing and not before And so concluding giveth all commendation to the said Bill and prayeth another reading of it presently and also all good and speedy course both in the commitment and other passages of the same Sir Henry Knivit entering into some Speech doth testifie his approbation of the said Speech of 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 Sir Edward Hobby and also of his said late motion and giving due commendation of his first Speech and also of his said Protestation of excuse urgeth the present reading and proceeding upon the said Bill with all speed Whereupon after sundry other Speeches tending likewise to the prosecution of the said Bill to commitment upon the Question it was ordered that the same Bill should be presently read which was done accordingly On Tuesday Feb. 18. four Bills had each of them one reading of which the last was for the relief of Thomas Hasilrigg Esq Mr. Serjeant Shuttleworth and Dr. Awbery brought down from the Lords a Bill intituled An Act providing Remedies against discontinuance of Writs of Errours in the Exchequer and Kings-bench On Wednesday Feb. 19. Mr. Serjeant Malmsey one of the Committees in the Bill touching the abridging of Proclamations appointed on Wednesday the 12th of this month upon Fines of the Common Law shewed That they have met and conferred upon the said Bill and having in some parts amended the same offered another Bill containing the same Amendments Mr. Vicechamberlain shewed that he and others the Committees in the Bill concerning Purveyors had met and had conference together with some of her Majesties Officers of the Green-cloath and according to the Commission of this House And further that they have in some parts amended the same Bill and added a Proviso thereto such an one as they think fit both for her Majesties service and also for the better passage of the Bill and relief of the Subjects and prayed the same Amendments and Proviso may be read which said Amendments and Proviso were then read twice Which done there then followed sundry Speeches upon the same Amendments and Proviso and so for that time left it at large without any further course then of question to ingrossing the House being ready to rise The Bill touching Quo titulo ingressus est was delivered to Sir Edward Hobby one of the Committees in the same The Bill concerning common Innes and Victualling-houses was delivered to Mr. Pratt one of the Committees for the same And the Bill touching the multiplicity of Suits and excessive numbers of Atturneys was delivered to Mr. Heydon one of the Committees Thursday Feb. 20. three Bills had each of them one reading of which the last being for the relief of Tho. Hasilrigg Esq was upon the second reading committed unto Sir Richard Knightly Sir Henry Knivit Mr. Recorder of London and others who were appointed to meet on Munday next at two of the clock in the afternoon in the Star-chamber The Committee in the Bill touching Informers and Informations is deferred until Saturday next at two of the clock in the afternoon in the same place of meeting On Friday Feb. 21. the Bill for the true payment of the Debts of Thomas Hanford was upon the second reading committed unto Mr. Controuler Sir Henry Knivit Mr. Alford Mr. Hare Mr. Grafton and Mr. Francis Moore who were appointed to meet to morrow-morning at seven of the Clock in the Committee-chamber of this House and then Mr. Hanford to attend the said Committees And also the Bill passed in the last Parliament from this House to the Lords to be also deliver'd to the said Committees both which Bills were then deliver'd unto Mr. Controuler Four other Bills had each of them one reading of which the the last being a Bill for the repealing of certain Statutes was read the second time and upon the Question committed to Mr. Cromwel Mr. Broughton
before the Lords in the House on Saturday next by nine of the clock in the morning On Saturday Nov. 21. to which day the Parliament had been last continued three Bills had each of them one reading of which the last being the Bill for assurance of Lands was read tertia vice Upon the reading of which Bill sundry Objections were made against some points of the same by the Lord Bishop of London and divers other Lords insomuch that the House was divided Whether it should be put to the question for the passing thereof or no many of the Lords affecting well the said Bill and wishing that any defect therein might rather be reformed than by the Question to put it to the hazard to be rejected Upon which it was thought meet to propound another Question viz. Whether the said Bill having been referred to Committees at the second reading and by them returned with some Amendments and thereupon appointed to be ingrossed may now after the ingrossing thereof and third reading be committed again or no Which being accordingly put to the question and the number both of the affirmative part and negative part falling out to be equal upon the accompting of them by the Lord Bishop of London and by Lord Grey 〈…〉 appointed by the Lords for that purpose it was adj●●●●d that the Voices of the negative part which were against the 〈◊〉 committing of the Bill should prevail following therein the usual rule of Law whereof the Lord Keeper made mention that where the numbers of the affirmative and negative are equal Smper presumetur pro negante and after that the Bill it self being put to the question Whether it should pass or no was by the major part denied and refused Excuses were made for the absence of divers Lords by reason of sickness or other reasonable occasions The Marquiss of Winchester the Earl of Nottingham and the Earl of Hertford signified by some of their Servants to the Lord Keeper the Earl of Cumberland and the Lord Scroope signified by the Lord Wharton the Lord Rich by the Lord Zouche the Lord Mordant by the Lord Sturton the Lord Bishop of Coventry by the Bishop of Meneven and the Bishop of Chester by the Bishop of Bangor A Motion was made by the Lord Keeper and approved of by the Lords That the ancient course of the house may be observed hereafter in certifying the Excuses of such Lords as should happen to be absent from the House upon reasonable occasions which ought to be done by one of the Peers and not by other information Thomas Crompton Henry Best and Francis Jackson made their appearance in the House and being demanded whether the Bill concerning Eye and Dunsden might lawfully pass without their prejudice they answered That it might so do and they could take now exceptions to it On Munday Nov. 23. to which day the Parliament had been last continued the Bill for reuniting Eye and Dunsden to the Mannor of Suning was read tertia vice and so sent down to the House of Commons by Dr. Stanhopp and Mr. Hone. The Bill to avoid divers Misdemeanours in lewd and idle persons was read secunda vice The Bill for confirmation of Grants made to the Queen and of Letters-Patents made by her Highness to others was read secunda vice and committed to the Lord Archbishop of Canterbury and others who were appointed to meet at the great Council-chamber and the Bill was delivered to the Archbishop The Bill for increase of Horses of service within this Realm was read secunda vice and committed to the Earl of Nottingham and others and the Bill was delivered unto him being the first of the Committees The meeting of the Committees for the suppressing of the multitude of Ale-houses and for avoiding of unnecessary delays of Exeutions upon Judgments for Debt was upon a Motion of the Lord Treasurer appointed to be upon Thursday next at the little chamber neer the Parliament-presence before the House sit for that the Committees could not conveniently meet at the times formerly appointed for the same The Under-Sheriff of the County of Surrey that arrested William Hogan was brought into the House to answer for the same The Vnder-Sheriff sent to the Fleet for arresting Hogan and by Order of the House committed to the Prison of the Fleet. On Tuesday Nov. 24. to which day this Parliament had been last continued three Bills had each of them one reading of which the last being the Bill for the establishing of the remainder of certain Lands of Andrew Ketleby Esq upon Francis Ketleby was read secunda vice and committed unto the Earl of Worcester the Earl of Lincoln the Lord Bishop of Winchester the Lord Bishop of Worcester the Lord Cobham the Lord Chandois and the Lord Howard of Walden and the Bill was delivered to the said Lord Howard who with the rest were appointed to meet on Saturday next in the afternoon at the Chamber of the Parliament-presence This day the wife of Andrew Ketleby made her appearance in the House on the behalf of her husband and her self excusing his not coming by reason of his great age and infirmities and withal prayed their Counsel learned might be heard whereupon it was ordered That both their Counsel and the Counsel of Francis Ketleby should be heard upon Thursday next in the morning On Thursday Nov. 26. to which day the Parliament had been last continued one Bill being for the more peaceable government of the Parties of Cumberland Northumberland and Westmoreland and Bishoprick of Durham was read the second time and committed but in respect the manner of committing Bills all this Parliament was the same and that the Judges and her Majesties learned Counsel were appointed always to attend the Lords Committees and never made joynt Committees with them therefore the names of the said Committees are for the most part omitted as a thing not worth the observation It was ordered by the House upon the humble Petition of William Hone Under-Sheriff of the County of Surrey That he should be set at liberty out of the Fleet whither he had been committed for arresting one William Hogan her Majesties servant The Counsel learned of Andrew Ketleby Esq and Francis Ketleby were heard in the House and thereupon the Committees of the said Bill were appointed to meet on Saturday in the afternoon at the Chamber of Parliament-presence and the Lord Archbishop of Canterbury the Lord Grey and the Lord Windsor were added to the said Committees and the Lord Chief Justice of the Common-Pleas to attend them with the others formerly appointed And the Bill was delivered to the Lord Howard of Walden Dominus Custos Magnis Sigilli continuavit c. On Tuesday Decem. 1. Decemb. 1. two Bills had each of them one reading of which the second was the Bill for confirmation of the last Will and Testament of George Lord Cobham deceased On Wednesday Decemb. 2. three Bills had each of them one reading Bill to avoid
by your Lordships Favour no cause it should deserve the Title of Improper And I take it by your Lordships Favours it was not Preposterous For the First Matter we took should be handled was the Doubts which we Imagined your Lordships had conceived of the Bill And if your Lordships had ought else conceived I thought fit to shew your Lordships that we then came without Commission So my Lords I hope I have made it appear That the Speech was neither strange improper or preposterous But We of the Lower-House who be here Committees do beseech your Lordships that you would not conceive otherwise of Us than we deserve And your Lordships shall find Us ever ready in all Dutiful Service as coadjuting Members of one United Body the House of Parliament So after withdrawing themselves a little from the Table the Lords Whispered together and at length calling Us the Lord Treasurer said The Lords were satisfied with our Answer 〈…〉 and were very glad they found Us so Conformable by which they doubted not but we should well agree for the Conference whereby the Bill might have the better Passage Mr. Secretary Cecil answered That he was very glad their Lordships did conceive aright of them and that the Committees because they were many and would not be troublesome to them with multiplicity of Speeches had chosen for their Speakers to Satisfie their Lordships Mr. Bacon Mr. Bacon c. to manage the Conference Mr. Serjeant Harris Mr. Francis Moore Mr. Henry Mountague and Mr. Boys So the Lords called Mr. Attorney General to them who began to make Objections and Mr. Bacon answering Mr. Attorney again Objected and Mr. Serjeant Harris before he had fully ended began to answer To which Mr. Attorney said Nay Good Mr. Serjeant Leap not over the Stile before you come at it Hear me out I pray you and conceive me aright So when he had done Mr. Serjeant Answered I beseech your Lordships to hear me and that I may answer without check or Controul which I little Respect because it is as light as Mr. Attorney's Arguments And so he proceeded to answer So the Conference brake up untill the next Morning at which time the Lords said They would send us word when they were ready In the Afternoon A Bill for the Relief of Theophilus Adams Touching certain Obligations supposed to be made void by a Proviso contained in the Statute 39. Reginae cap. 22. Intituled An Act for the Establishment of the Bishoprick of Norwich and the Possessions of the same against a certain pretended concealed Title made thereunto A Bill for Reformation of Abuses in Selling and Buying of Spices and other Merchandizes A Bill that no Fair or Market should be kept on Sundayes On Saturday Decemb. 12. A Bill to confirm the Assurance of the Mannors and Farmes of Sagebury aliàs Sadgbery and Obden and other Hereditaments to Samuel Sands Esq and John Harris Gentleman and their Heirs being Ingrossed was put to the Question and was Passed A Bill for Redress of certain Abuses used in Painting A Bill about Painters and Plaisterers was moved by Sir George Moore and some others that this Bill might be let slip and the Cause referred to the Lord Mayor of London because it concerned a Controversy between the Painters and Plaisterers To which Mr. Davis Answered That the last Parliament this Bill should have Passed this House but it was referred as now desired and Bonds made by the Plaisterers for performance of the Orders made by the Lord Mayor yet all will do no Good wherefore Mr. Speaker I think it good it should be put to the Question Sir Stephen Somes stood up and desired That my Lord-Mayor might not be troubled with them but that it might be put to the Question and it seemed likely to go against the Painters But I stood up as it was putting to the Question and shewed That in the Statute of 25. Ed. 3. cap. 3. Plaisterers were not then so called but Dawbers and Mudd-Wall-Makers who had for their Wages by the day Three-Pence 〈…〉 and his Knave Three-Half-Pence so was his Labourer called they continued so until King Hen. 7th's time who brought into England with him out of France certain Men that used Plaister of Paris about the Kings Ceilings and Walls whose Statute-Labourers these Dawbers were Those Statute-Labourers learned in short time the Use of Plaister of Parts and did it for the King and increased to be many then sueing to the King for his Favor to Incorporate them who fulfill'd their desire and Incorporated them by the Name of Gipsarii which was for Clay or Mudd aliàs Morter-makers Anno 16 Hen. 7. Being no Free-Men for all their Incorporation they obtained the Kings Favourable Letters to Sir William Remington then Lord Mayor of London and the Aldermen to allow them Free-men Which was granted At which time came in Four of them and paid Ten Shillings a piece for their Freedom and in Three Years after that manner came in the Number of Twenty but they paid Four Pounds a piece for Their Freedom They Renewed their Patent in King Hen. 8's time and called themselves Plaisterers aliàs Morter-makers for the Use of Loame and Lime They made an humble Petition and Supplication after this to Sir John Munday then Lord Mayor and the Aldermen to grant them Orders for the better Rule and Government of their Company in these words We the good Folkes of Plaisterers in London of Plaister and Loame of the said City for the Redress of certain Abuses of Lath-Plaister and Loame wrought in the said Crafts c. And then had allowed unto them Search for their Company for the Use of Lath Loame and Lime In all their Incorporations at no time they had any words for Colours neither yet in their Ordnances For all they were Incorporated by the name of Plaisterers yet all King Hen. 8's time they were called Dawbers as appeareth 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 Colours in the Kings Houses nor in the Sherifs of London but this Year they wore no Livery or Cloathing the Seventeenth of King Hen. 8. They have been suffered to lay Ale-house Colours as Red-lead and Oaker and such like and so now they intrude themselves into 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 Edw. 3. time One for Posts and all Timber-work to Paint And the other for Painting and Staining of Cloth of great continuance both Companies were joyned into one by their own Consent and by the Consent of the Lord Mayor and Aldermen of the City The Nineteenth Year of Edw. 4. The Painters had Orders allowed them for the Use of Oyl and Colours especially named in Hen. 4's time from the Lord Mayor and City
Painters can not work without Colours their only mixture being Oyl and Size which the Plaisterers do now Usurp and Intrude into Painters have her Majesty's Letters Patents Dated Anno 24. Reginae forbidding any Artificer the Use of Colours and Oyl or Size after the manner of Painting but such as hath been or shall be an Apprentice with a Painter Seven Years at the least And where the Plaisterers do Object That the Painters do Abridge other Companies of their Colours That is most apparently untrue For Gold-smiths use Colours but not after the manner of Painting and work without Oyl or Size by enamelling Leather-sellers Colour their Leather but not after the manner of Painting but work without Oyl or Size Book-binders use Colours but neither with Oyl or Size So Cutlers use Varnishing and Gilding So Glasiers use Colours with nealing in the Oven Brick-layers use Colours but neither with Oyl nor Size and Joyners likewise do use Varnish Workmanship and Skill is the Gift of God and not one in ten proveth a Workman yet it is requisite that all such as have been brought up all the days of their life in a Trade and cannot attain to that Excellency of Skill that is required should live by the baser part of their Science when they can not attain to the better which is in working in Oyl and Size those flat Posts and Windows c. If Plaisterers be suffer'd to Paint Workmanship in Painting will decay for no Workman will keep an Apprentice Four or five Years to Practice and not able to get a Penny unless he might now and then get somewhat towards his Meat and Drink in laying of Oyl-Colours as on Posts c. Experience teacheth us now That amongst the Number of There Hundred there are not now Twelve sufficient Workmen in the City of London yet one of these Francis De Miter such was his Poverty was fain for his Releif to Wife and Children to wear upon the Lord Mayors Day a Blew Gown and a Red Cap and to carry a Torch he being Fifty Years Old One man will lay and Paint more Colours in a day than ten men can grind which grinding of Colours should be the Relief of such as cannot Attain to Workmanship and that is taken away by the Plaisterers and the poor men the Painters their Wives and Children go a Begging for want of Work Besides Painting of Cloth is decayed and not One Hundred Yards of new Painted Cloth made here in a Year by reason of so much painted Flanders pieces brought from thence So that the Painters have nothing to live on but laying of Oyl-Colours on Posts Windows c. It is a curious Art and requireth a good Eye and a stedfast Hand which the infirmity of Age decayeth quickly and then Painters go a begging Plaisterers take mony generally from the highest Personage to the lowest or meanest Cottage whose Walls must needs be made Painters take money but of a few for their delight Painters give to the Plaisterers six kind of Colours commonly used as the Bill importeth to be laid with Size and not with Oyl And for every Twenty Shillings earned with Oyl-Colours there is Ten Pound earned with Size-Colours they being every mans money These Walls The Bill passed thus Curiously Painted in former Ages the Arms so Artificially Drawn the Imagery so perfectly done do Witness our Fore-fathers Care in Cherishing this Art of Painting So I think the Bill is very reasonable and fit to pass And so it did Mr. Attorney General and Doctor Cary came from the Lords shewed Their Lordships were ready for a Conference touching the Bill concerning Patents and that they had given power to their Committees fully and finally to determine the same and desired that our Committees might come with the like Power which was granted but a great Number cried No No. A Bill for Reformation of Abuses in Buying and Selling of Spices and other Merchandizes This Bill was called the Garbling Bill It was put to the Question for the passage and the House was divided And the I I I were Ninety Five and the Noes Forty One So the Bill passed There was a Question in the House upon the Bill for the Relief of Souldiers Whether the Old Levy of Two Pence a Parish should stand or Six Pence a Parish To which Secretary Cecil moves for the poor Souldiers Mr. Secretary Cecil said The Law for the Relief of Souldiers I take to be both just and Honourable and that Misery which proceeds from Obedience Worthy to be Pitied and Relieved for their Obedience hath shewed it self even by Sacrificing their Bloods for our Goods and there is liker to be a continuance than a decay of their Miseries I dare boldly say it there is never a Souldier Relieved with such a Contribution as his Misery requireth and his Service hath deserved And therefore I think Six Pence a Parish at the least So they went to the Conference and the House sent up these Bills viz. 1. The Bill against Fairs and Markets on Sundays 2. The Bill to prevent Perjury and Subornation c. 3. The Bill to prevent Abuses in Sherifs and other Officers 4. The Bill concerning making of Hats 5. The Bill for Garbling of Spices 6. The Bill for Redress of Abuses in Painting 7. The Bill for making a Harbour or Key on the North side of Devon 8. The Bill for Assurance of certain Lands to Sandes and Harris And Mr. Secretary Cecil was intreated to deliver them unto the Lords The Bill for the Redress of Abuses and mis-employment of Goods and Lands given to Charitable Uses was Read the first time Mr. Solicitor General Fleming Moved That although the Order of the House was A Bill should not be Read twice in one morning yet in respect that this was a Bill of great Consequence he Prayed That it would please the House it might be Read again And it accordingly was And so it was by Order presently Committed Mr. Snigg said I would humbly pray the House that the Bill of Clothing which hath at length taken and laid open the Theft of England which we have so long followed with Hue and Cry I mean the Tayntor may be Read It Robs God of his Honour and us of our Clothing Mr. Browne said And I humbly present unto this House the natural Born Child of us all I mean the Bill against Transportation of Ordnance which is Amended and a Proviso added with Licence c. And I humbly pray the Amendments may be Read And the Bill put to the Question And so they were after a little Dispute and Ordered to be Ingrossed The Bill for Maimed Souldiers was Read To which Mr. Roger Owen spake shewing that he was commanded by all the Justices of the Peace for Salop to Deliver unto the House the poor Estate of the County and therefore prayed a Proviso might be added to exempt that County But it was replied to him That he went about to Deck up his