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
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
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
compass of the Universities of Oxford or Cambridge like as their Lordships had done on their parts upon like request of this House in the said Bill concerning Tillage and the Navy Mr. Attorney General and Mr. Doctor Huick brought word that the Lords pray Conference with some of this House at two of the Clock this Afternoon touching the Bill for the twelve Shires of Wales and also present report of the Committees of this House touching the Bill against Bankrupts My Lord Deputy of Ireland Mr. Comptroller Sir Nicholas Arnold Mr. Attorney of the Dutchy Sir Henry Jones Sir George Blunt Mr. William Gerrard and Mr. Bassett were appointed to attend upon the Lords touching the Bill of the twelve Shires of Wales The Bill against the taking of any Grain or Victual within five Miles compass of the Universities of Oxford and Cambridge being a Bill sent from the Lords and specially recommended from them having at the third reading thereof an Addition or amendment in paper upon the Question affiled unto it the said Addition or amendment then having been but once read the Bill was put to the Question and the House thereupon divided and afterwards the error aforesaid being found it was after sundry motions Ordered upon another Question that the said Addition or amendment being three times read the Bill should go to the Question again which being so done the Bill afterwards passed upon the division of the House accordingly Post Meridiem In the Afternoon the Bill for the maintenance of the Havens of Plymouth and Dartmouth c. was read the third time and passed the House Sir Thomas Smith Sir William Pawlet Sir Francis Hastings Mr. Heneage Mr. Recorder of London Mr. Stokes Mr. Thomas Browne Mr. Hussy Mr. John Hastings Mr. Thomas Snagg Mr. Strickland and Mr. S t John were appointed to have Conference with the Lords touching the Bill against corrupt Presentations The Bill for the Incorporation of the Towns of Weymouth and Melcomb-Regis and the Bill for the increase of Tillage and maintenance of the Navy were each of them twice read Mr. Comptroller Sir Christopher Haydon Sir Thomas Russell Sir William Pawlet Sir Nicholas Arnold Sir Henry Gate Mr. Baynton Mr. Grice Mr. Strickland Mr. Seckerson Mr. Cleere Mr. John Horsey Mr. Stanhop Mr. Hasset Mr. Edgcomb and Mr. Laton were appointed to ..... And here the whole matter breaks off abruptly in the Original Journal-Book of the House of Commons through the negligence of Fulk Onslow Esq Clerk of the same but it is most probable that these Committees were nominated in the Bill last before-mentioned upon the first and second reading thereof On Saturday the 26 th day of May the Bill for the River of Lee was read the first time and referred to be considered of by M r Comptroller of the Dutchy M r Wilson the Master of Requests Sir Henry Gate Sir John White M r Moore M r Holstock M r Grimston M r Baghe M r Robert North M r Henry Cock M r Dacre M r Norton M r Humberston and M r Bowyer The Bill against the untrue Demeanors of Tellors Receivors Treasurers and Collectors was read the third time and referred to be considered of by M r Treasurer M r Chancellor of the Exchequer Sir Nicholas Arnold Sir Humphrey Gilbert M r Heneage M r Recorder of London Mr. Sampoole Mr. Humberston Mr. Bedle Mr. Norton Mr. Ireby and Mr. Thomas Brown The Bill for Incorporating of both the Universities of Oxford and Cambridge was twice read Mr. Doctor Lewes and Mr. Doctor Huick brought from the Lords one Bill touching the limitation reviving and continuing of Statutes The Bills which lastly passed in this House were sent to the Lords by Mr. Comptroller and others The Bill for the Incorporating of the Towns of Weymouth and Melcomb-Regis was read the third time and passed the House Post Meridiem In the Afternoon Mr. Doctor Lewes and Mr. Doctor Vaughan brought from the Lords one Bill touching the limitation of Fees for Councellors and others towards the Law which was specially recommended from the Queens Majesty Mr. Doctor Yale and Mr. Doctor Vaughan brought from the Lords the said former Bill Indorsed for that the same was delivered without Indorsement Mr. Sollicitor and Mr. Doctor Yale did desire from the Lords that six of this House be presently sent unto them of those which did yesterday confer with their Lordships touching the Bill against Fugitives Four Bills lastly of no great moment had each of them one reading of which the second being the Bill for increase of Tillage and maintenance of the Navy was read the third time and passed upon the Question May the 27 th Sunday On Monday the 28 th day of May the Bill for the Jointure of the Lady Berkley was read the third time and passed the House The Provisoes to the Bill for the River of Lee were thrice read and passed with the Bill upon the Question and sent up to the Lords by Mr. Chancellor of the Dutchy and others The Proviso to the Bill for the Jointure of the Lady Berkley was thrice read and passed with the Bill upon the Question and sent up to the Lords by Mr. Treasurer and others Sir Richard Read and Mr. Doctor Vaughan brought from the Lords the Bill for John Tirrell Esquire with certain amendments Mr. Doctor Lewes and Mr. Doctor Huick brought word that the Lords desire to have six of this House to confer with them presently touching the severance of the Sheriffs in the Counties of Surrey and Sussex Whereupon Mr. Thomas Brown M r Moor M r Palmer M r Comper M r Morley and M r Bowyer were appointed and sent to them accordingly M r Doctor Lewes and M r Doctor Yale did desire from the Lords to know the mind of this House whether this House can be contented to leave Surrey and Sussex out of the Bill for severance of Sheriffs if there Lordships shall so think meet which being opened to the House it was upon the Question Ordered that they shall be left out if the Lords so will All the Privy-Council being Members of this House Sir Nicholas Arnold Sir Thomas Scott Sir Thomas Lucy Sir Humphrey Gilbert M r Recorder of London M r Mounson M r Yelverton and M r Robert North were upon some Speeches uttered to this House that some of the Members of this House should take money for their Voices appointed to meet this Afternoon in the Star-Chamber and to Examine what persons being Members of this House have taken any Fees or Rewards for their Voices in the furtherance or hinderance of any Bills offered in this House and then afterwards to make report of the particularities thereof unto this House accordingly Vide the residue of this business on the next day following Post Meridiem In the Afternoon the Bill for shooting in Hand-Guns and Harquebuses was read the second time and Ordered to be ingrossed M r Doctor Lewes and M r Doctor Huick brought from the Lords the Bill
were appointed to be considered of presently by Mr. Chancellor of the Exchequer Mr. Secretary Smith Mr. Wilson Master of the Requests Mr. Heneage Mr. Fortescue and others The Bill touching Grants made by the Dean and Chapter of Norwich was read the second time and committed unto Mr. Chancellor of the Exchequer Mr. Secretary Smith Mr. Captain of the Guards and others who were appointed to meet to Morrow at three of the Clock in the Afternoon in the Exchequer Chamber Mr. Doctor Lewes and Mr. Dr. Berkley did bring from the Lords the Bill for the Subsidy of the Clergy The Bill for setting the Poor on work and for avoiding of Idleness with two others of no great moment were sent up to the Lords by Mr. Treasurer and others Two Bills of no great moment had each of them one reading of which the second being the Bill for toleration of certain Clothiers within the Counties of Wiltshire Somerset and Gloucestar were each of them read the second time and Ordered to be ingrossed Mr. Doctor Vaughan and Mr. Dr. Berkley did bring from the Lords the Bill for Confirmation of an Hospital in Leicester Two Bills lastly had each of them one reading of which the first being the Bill for the true making of Woollen-Cloths was read the second time and Ordered to be ingrossed On Saturday the third day of March Four Bills of no great moment had each of them one reading of which the second being the Bill for the Tythes of Hallifax was read the second time but no mention is made whether it was ingrossed or referred to Committees because it had been sent from the Lords on Thursday the first day of this instant March foregoing The Bill touching the Children of Strangers Parents born in this Realm was read the second time and committed unto Mr. Treasurer Mr. Recorder of London Mr. Norton Mr. Cowper Mr. Cromwell Mr. Snagg Mr. Alford and Mr. Dalton Mr. Sollicitor and Mr. Serjeant Barham brought word from the Lords that on Monday next at Eight of the Clock in the Morning the Lords have appointed to have Conference with the Committees of this House touching the Bills for Confirmation of Letters Patents and the Bill touching the Lands of the late Rebels in the North parts Whereupon it was Ordered that the former Committee for the said Bill of Confirmation of Letters Patents have added unto them Mr. Norton Mr. Topcliffe and Sir George Bowes Two Bills lastly had each of them one reading of which the first being the Bill for reformation of Errors in Fines and common Recoveries within the County Palatine of Chester was read the third time and passed the House Post Meridiem In the Afternoon seven Bills of no great moment had each of them one reading of which the last being the Bill for the Assize of Wood within the City of London was read the second time and committed unto Mr. Treasurer Mr Lieutenant of the Tower Sir Rowland Hayward and others to confer to Morrow at three of the Clock in the Afternoon at Mr. Treasurers Chamber The Bill for the Hospital in the Town of Leicester was read the first second and third time and passed the House Quod nota The Bill finally for two Justices to be had in Wales and the County Palatine of Chester was read the second time but no mention is made either that it was referred to Committees or Ordered to be ingrossed because it had been sent from the Lords On Monday the 5 th day of March the Bill for the paving of the City of Chichester was twice read and Ordered to be ingrossed Seven Bills of no great moment had each of them one reading of which the third being the Bill for mending the High-ways and Bridges near Oxford was read the second time and Ordered to be ingrossed The Bill for Rochester-Bridge and the Bill for Trial of nisi prius in the County of Middlesex and the Bill for reformation of Errors in Fines and common Recoveries in the County Palatine of Chester with four others of no great moment were sent up to the Lords by Mr. Comptroller and others Three Bills also of no great moment had each of them one reading of which the third being the Bill for the Artificers Foreign and Denizens was read the first time and committed unto the Masters of the Requests Mr. Lieutenant of the Tower Mr. Treasurer of the Chamber and others to meet at Guild-hall to Morrow in the Afternoon at three of the Clock The Bill touching Inholders common Cooks and Wine-Sellers c. was read the second time and Ordered to be ingrossed M r Doctor Yale and M r Doctor Berkley did bring from the Lords the Bill touching Presentations by Lapse with some Amendments which Bill was before sent unto them from this House The Bill for toleration of certain Clothiers in the Counties of Wilts Somerset and Gloucester was sent up unto the Lords by Mr. Comptroller and others Two Bills also of no great moment had each of them one reading of which the second being the Bill against Inholders c. was committed unto the former Committees and unto M r Stanhope M r Edgcomb M r Dalton M r Alford M r Scone and M r S t John who were appointed to meet here this Afternoon in the Committee Chamber of this House Two Bills of no great moment had each of them their second reading of which the first being the Bill touching Goldsmiths c. was Ordered to be ingrossed Post Meridiem In the Afternoon the Bill against the wearing and using of unlawful Weapons was twice read The new Bill of Jeofailes was twice read and Ordered to be ingrossed The Bill for Trials by Juries was read the second time and committed unto M r Lieutenant of the Tower Sir Henry Knivet Sir George Penrudock M r Sampoole M r Brown and others who were appointed to meet to Morrow at seven of the Clock in the Morning in the Committee Chamber of this House Four Bills lastly had each of them one reading of which the last being the Bill against taking and killing of Partridges and Pesants was read the second time and Ordered to be ingrossed On Tuesday the 6 th day of March four Bills of no great moment had each of them one reading of which the last being the Bill touching the Tanning and Currying of Leather was read the third time and passed the House and was sent up to the Lords by M r Treasurer and others The Bill against the Inning of Salt-Marshes was twice read and committed unto M r Treasurer M r Comptroller M r Andrews Sir William Winter Sir Valentine Brown Sir George Penrudock and others to be considered of presently Three Bills also of no great moment had each of them their third reading and passed the House of which the second being the Bill for reformation of Jeofailes and the third against the abuses of Goldsmiths were sent up to the Lords with the Bill for Chepstow by M r Comptroller and
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
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
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
John Harrington M r Herbert Master of Requests M r Arthur George Sir Thomas Conisby M r Dyer M r Doctor Awbery M r Edward Barker M r Robert Sackvile Sir Henry Poole Sir Edward Stafford Sir Thomas Read Sir Henry Cock M r Lewkenor Sir John Points and Sir Edward Carey who forthwith went up to the Lords of the Upper House with the Message of the said Answer accordingly And shortly after returning again from thence to this House the said M r Chancellor of the Exchequer made report of their delivery of the said Answer to the Lords and shewed that their Lordships well hoped to have had Conference with this House according to their former request And so wished this House to have due care and great consideration touching the speedy provision of a convenient supply of treasure to be had according to the present great necessity of the said Cause And shewed that their Lordships desired to see those precedents of this House by which this House seemeth to refuse the said Conference And so gave end to his Speech for that time One being no Member of this House and yet found to have sitten in this House during the greater part of this Forenoon was brought to the Bar and being there examined by M r Speaker of his name and place of abode answered his name to be John Legg and that he was Servant to the Earl of Northumberland and pleading simplicity and ignorance for his excuse and alledging that he had some business to do with M r Doctor Herbert Master of the Requests from the said Earl his Master and that therefore he entred into the said House not thinking any harm nor knowing the danger thereof And so humbly praying pardon was in the end committed to the Custody of the Serjeant of this House till this House shall upon further Examination of the matter take other Order The Bill for Naturalizing of William Sidney and Peregrine Wingfield was twice read and upon the Question was Ordered to be ingrossed Four Bills also had each of them one reading of which the second being the Bill touching George Ognell Esquire had its first reading The substance whereof is taken out of the aforesaid Anonymous Journal more particularly mentioned at the beginning of this present Journal in manner and form following viz. One Trussell having sold the Mannor of Binsley to Ognell for good consideration and afterwards of purpose to defeat this Purchase caused himself to be Indicted of Felony done in Kent before the Seal to Ognell and was thereof Attainted and with relation of the Felony defeated Ognells purchase It was Enacted that this Attainder should be void only as in respect of this Purchase and to that end to be as if Trussell had never been Attainted nor no Lords to have any Escheats or other by reason of this Attainder Her Majesty understanding this was pleased to remit her Interest M r Speaker perceiving some men to whisper together said that it was not the manner of the House that any should whisper or talk secretly for here only publick Speeches are to be used Nota that these two particulars are only supplied out of the aforesaid Anonymous Journal and that which followeth and also that which went before is inserted out of the Original Journal-Book it self Sir Edward Dymock moved that a Commit tee of this House may be appointed for a speedy Conference to be had touching the present necessary provision and Supply of Treasure to be had for the defence of this Realm and State And thereupon the former Committees for the Subsidy whose names see before on Monday the 26 th day of February last past were ordered to meet upon Monday next at two of the Clock in the Afternoon in this House to confer in this Case On Monday the 5 th day of March Two Bills of no great moment had each of them one reading of which the second being the Bill against the stealing of Oxen Kine Sheep and Lambs was upon the second reading committed unto M r Wroth M r Sands M r Recorder of London and others and the Bill was delivered to M r Wroth who with the rest was appointed to meet in this House to Morrow at two of the Clock in the Afternoon The Bill concerning salted Fish and salted Herrings was read the second time and thereupon committed unto Sir Francis Drake Sir Thomas Sherley the Burgesses of Yarmouth Plymouth Hall and Saltash the Burgesses of all the Port Towns Mr. Robert Wroth Sir Henry Knivet and others and the Bill was delivered to Mr. Wroth who with the rest was appointed to meet upon Wednesday next at two of the Clock in the Afternoon in the Exchequer Chamber Nota That after the Commitment of these Bills ensued divers Speeches touching that great business of Conserence with the Lords which had been very largely debated on Saturday last in the House All which said Speeches being either very shortly and imperfectly set down in the Original Journal-Book of the House of Commons or wholly omitted and for which three intire pages and more are there left Blank to have inserted them in which are set down the names only of some of those that spake them therefore they are supplied out of the aforesaid Anonymous Journal very elaborately taken by some Member of the said House during this Parliament and do here next ensue in manner and form following Mr. Beale desired to satisfy the House by reason it was conceived by the Lords the other day that upon his Motion and by his precedent shewed the House was led to deny a Conference with the Lords he acknowledged he had mistaken the question propounded For there being but a Conference desired by the Lords and no confirming of any thing they had done he thought we might and it was sit we should confer And to this end only he shewed the Precedent That in the 9 th year of H. 4. the Commons having granted a Subsidy which the Lords thought too little and they agreed to a greater and would have the Commons to confirm that which they had done this the Commons thought they could not do without prejudice to this House Wherefore he acknowledged himself mistaken in the Question and desired if any were led by him to be satisfyed for that he would have been of another opinion if he had conceived the matter as it was meant Sir Thomas Heneage propounded the Question anew and thought that with the priviledge of the House and by precedents to be shewed there had been Conference with the Lords used upon the like Motion Sir John Wolley thought that the former denyal grew upon mistaking of the Question and upon better consideration would have the matter reversed and now to assent to that which was denyed before Sir Henry Knivett moved that for the freedom of the House it might be concluded amongst them a matter answerable at the Bar for any man to report any thing of any Speech used or matters done in this House
themselves to join in Conference with the Committee of this House and have appointed the place to be in the Chamber next to the Upper House of Parliament and the time to be to Morrow at two of the Clock in the Afternoon And thereupon the Committee of this House appointed to have conferred amongst themselves for the matter of the Subsidy this present Afternoon in this House are appointed to defer their further consultation therein until the said other Committees of this House appointed for the said general Conference with the Lords shall have further acquainted this House of their travail and treaty to be first had with the said Committees of the Lords And also the meeting of the Committees in the Bill for reducing of disloyal Subjects to their due obedience is now signified to the same Committees to be held in the Afternoon of this present day in this place On Tuesday the 6 th day of March Two Bills of no great moment had each of them one reading of which the second being the Bill for Confirmation of Letters Patents granted to the Mayor Sheriffs Citizens and Commonalty of the City of Lincoln was read the second time Sir Edward Hobby one of the Committees for Returns and Priviledges shewed that for the Borough of Camelford in the County of Cornwall one Richard Leech was returned to the Sheriff for a Burgess by a false Return And that afterwards Sir George Carew Knight was returned Burgess by the true Return And alledging that the said Richard Leech offered to yield the place to Sir George Carew moved the Order of this House therein And thereupon M r Speaker was appointed to move the Lord Keeper in the said Case for this Order either in the allowance of the said Sir George Carew in the place of the said Richard Leech or else in awarding a new Writ for the chusing another at his Lordships pleasure And so for his Lordships Order in the Case of the Burgess returned for the Borough of Southwark in the allowance of Richard Hutton already returned or else in awarding of a new Writ for chusing of another at his Lordships pleasure And so also for his Lordships Order in altering the name of John Dudley to the name of Thomas Dudley in the Return of one of the Burgesses of Newtown in the County of Southampton or else to award a new Writ at his Lordships pleasure The Bill against Aliens born to sell by way of retail Foreign Wares brought into this Realm was upon the second reading committed unto Sir John Wolley Sir Edward Stafford Sir Robert Sidney M r Recorder of London and others who were appointed to meet upon Thursday next at two of the Clock in the Afternoon in the Exchequer Chamber The Bill touching M r Read Stafford c. was upon the second reading committed unto M r Heyle Sir Edward Stafford Sir Henry Umpton Sir Thomas West and others who were appointed to meet upon Monday next at two of the Clock in the Afternoon in the Star Chamber M r Vice-Chamberlain putting the House in remembrance of their resolution yesterday for praying Conference with their Lordships touching the great dangers and necessary remedies to be considered of and which was then so signified unto their Lordships by the House which return from their Lordships of the time and place appointed by them for that Conference being at two of the Clock in the Afternoon this present day in the Chamber next to the Upper House of Parliament moved that it may be presently resolved in this House wherein and how far the said Committees of this House shall have Warrant to treat with the Committees of the Lords It was after many Speeches of sundry Members of this House very well delivered to divers effects and purposes resolved and agreed by the whole House upon the Question that the said Committees of the House should have Authority to confer with the said Committees of the Lords generally concerning the said dangers and remedies as occasion should serve But not in any manner of wise to conclude or resolve of any thing in the said Conference particularly without the further privity or assent of this whole House to be had in that behalf upon the report of the said Committees to be first made unto this House of their Proceedings in the said Conference to be had this present day as aforesaid Nota That there is no more found of this days Passages in the Original Journal-Book of the House of Commons although there be almost two pages left blank by M r Fulk Onslow at this time Clerk of the said House with intention doubtless at the first to have inserted them and therefore they are very largely and fully supplied out of the aforesaid Anonymous Journal very elaborately taken by some Member of the same House during this Parliament where it appeareth that after the aforesaid Speech of Sir Thomas Heneage her Majesties Vice-Chamberlain M r Oliver S t John spake next in the manner and form following M r Oliver S t John said he thought that M r Vice-Chamberlain did mistake the thing we agreed upon that we went not to confer with their Lordships in any thing that we had to deliver but to understand of things from them the Conference being offered from them and not from us Sir Walter Raleigh Answered M r S t John that he mistook M r Vice-Chamberlain and the thing agreed by the House for we agreed all to a general Conference but not in particular for the Subsidy for this we refused If we confer generally it must be of our dangers and of the remedies which must be by means if of means it must be of Money and Aid So our Conference must needs be of Subsidy or rather Aid but to agree upon this with any resolution either in the matter or substance it is not our meaning Sir Robert Cecill answered M r S t John that he mistaking M r Vice-Chamberlain did wrong him in saying he delivered the Message insufficiently or untruly and so would have the priviledge of the House and that it should be delivered by the Committees whether M r Vice-Chamberlain did report truly and if truly then M r S t John to answer it and so said Sir John Woolley The House having cleared Sir Thomas Heneage Vice-Chamberlain he said he would have no other satisfaction than to be cleared by the House And protested he thought no ill of the Gentleman but allowed him for speaking as he thought Sir Henry Umpton agreed to the Conference and was glad the last days No and this were so well concluded and moved that we might not be deprived of thanks to agree unto a treble Subsidy before we went to confer M r Frowick Grevill said There are two scruples in the House which I would gladly satisfy the one the priviledge of the House the other the poverty of the people For Precedents they are but Examples of things past Now every Example ought to be stronger than
to the said Bill and sent it down to this House this House would thereupon then further do as shall appertain Mr. Robert Penruddock one of the Burgesses returned for the Borough of Milton for her Majesties Affairs and also for his own business is licensed by Mr. Speaker to depart home Three Bills lastly had each of them one reading of which the last concerning the over-length of broad-Cloth was read the third time and passed upon the Question On Monday the second day of April the Bill concerning Woollen-Cloths called Devonshire Kersies or Dozens was upon the second reading committed unto the Knights and Burgesses of Devon Mr. Serjeant Harris Mr. George Moore and others and the Bill was delivered unto Sir Thomas Dennis one of the same Committees who with the rest were appointed to meet at two of the Clock this Afternoon in the Exchequer Chamber Six Bills were sent up to the Lords by Mr. Treasurer and others of which the first was the Act for Confirmation of the Subsidies granted by the Clergy and another touching the Lands of Sir Francis Englefield Knight Attainted of High Treason the residue being of no great moment Sir William Brunker one of the Committees in the Bill concerning Spinnersand Weavers who had been appointed on Monday the 26 th day of March last past shewed that the Committees had met and upon Conference amongst them thought good to make a new Bill And so bringing in both the old Bill and the new prayed the reading of the said new Bill The Bill for Explanation of a branch of a Statute made in the twenty third year of the Queens Majesties Reign Intituled An Act to retain the Queens Majesties Subjects in their due obedience with some Amendments to the same had its first reading Three Bills of no great moment had each of them one reading of which the second being the Bill against counterfeiting of Counsellors hands c. was read the third time and dashed upon the Question The Bill for relief of maimed Souldiers and Mariners was twice read and committed unto all the Privy-Council the Knights and Burgesses of London the Burgesses of York and others who were appointed to meet this Afternoon at two of the Clock in this House Nota That certain Members of the House were appointed to draw a Bill for the relief of maimed Souldiers and Mariners on Monday the 12 th day of March foregoing which Bill being so drawn was upon Saturday the 24 th day of the said March upon the second reading referred to certain Committees and was lately upon Wednesday the 28 th day of the same Month upon the Motion of Sir Robert Cecil one of the said Committees withdrawn out of the House and no further proceeded in and thereupon the aforesaid new Bill preferred this day and twice read M r Serjeant Owen and Mr. Doctor Carey do bring from the Lords the Bill for restraining of Popish Recusants to some certain places of a boad lately passed this House with some Amendments shewing that the Lords liking very well of the said Amendments have inserted those Amendments into the said Bill accordingly And that their Lorships have further thought good to add unto the said Bill a Proviso for Explanation of the Branch of the said Bill which concerneth the matter only of abjuration have passed the said Proviso and affiled the same to the said Bill and sent it down to this House to be also passed here if this House shall so think meet On Tuesday the third day of April the Bill concerning Spinners and Weavers was twice read and committed to the former Committees who had been appointed on Monday the 26 th day of March foregoing and Mr. Wroth and the Burgesses of York and Norwich were added unto them Sir Thomas Denis one of the Committees in the Bill concerning Devonshire Kerseys and Dozens appointed yesterday shewed the meeting of the Committees and that they have in some few things amended the Bill praying the reading of the said Amendments which being thereupon twice read the Bill upon the question was ordered to be ingrossed The Bill concerning Brewers was upon the second reading committed unto Sir Edward Dymock M r Stevenson the Knights and Burgesses for London M r Wroth M r Peak and the Burgesses for Oxon Cambridge Sandwich and Newcastle Under-line who were appointed to meet at two of the Clock this Afternoon in the Exchequer Chamber The Return of the Habeas Corpus cum Causa made by the Sheriff of the County of Darby for M r Thomas Fitzherbert Which short remembrance of this excellent Precedent how far on Outlawed man may be a Burgess of the Parliament is all that is found in the Original Journal-Book it self of the House of Commons And therefore because there was much debate concerning it this day as had been on divers other days foregoing viz. on Thursday the first day Friday the 2 d day Saturday the 17 th day and on Friday the 30 th day of March last past have caused it to be transcribed at large out of the often before-recited Anonymous Journal in manner and form following The House was informed that the Lord Keeper had sent the Record of Fitzherbert's Execution hither to the House The Chancery men who brought it were called into the House to the Bar and were appointed to read it ut Clerici And the House appointed the Writ sent out of Chancery to be annexed unto the Record The words of the Writ were Tibi praecipimus quòd capias corpus Tho. Fitzherbert quocunque c. Dat. apud Westm. 7 o die Martii 35 Eliz. The Sheriffs Return Deliberatum fuit hoc Breve 15. die Martii super c. sed ante adventum istius Brevis scilicet 3 o Februarii 35 Eliz. captus fuit Thomas Fitzherbert c. M r Dalton said The Return of the Writ being made unto another Court and the Record it self being in another Court we cannot be Judges of the matter nor enlarge the party And as for the Return methinks it therefore insufficient because it was not returned into this Court And I see not how we can be Judges of the Return For the number of voices in this Cause is not to be judged for Law whether it be a good Return or not for that which is Law will notwithstanding rest for Law for all our Voices Therefore I think that priviledge quae est privatio Legis in this Case could not be granted M r Brograve said As to the matter of priviledge the Cause to me is very doubtful because priviledges in these Causes are very rare and so the matter resteth in doubt This Court for its Dignity and highness hath priviledge as all other Courts have And as it is above all other Courts so it hath priviledge above all other Courts and as it hath priviledge and Jurisdiction too so hath it also Coercion and Compulsion otherwise the Jurisdiction is nothing in a Court if it hath no Coercion Therefore it seemeth unto me
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
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
respite any further proceeding in the said Motion for Conference till to Morrow in regard partly that another Conference is already appointed to be had this Afternoon with their Lordships at the Court by certain Committees of the House upon a former appointment M r Finch one of the Committees in the Bill for Costs in a Prohibition who were appointed on Wednesday the 11 th day of this instant January foregoing shewed the meeting and travel of the Committees with some their Amendments to the Bill and so delivered the Bill into the House which Amendments being twice read and the Bill after sundry Speeches further then also in some part altered the Bill was upon the Question Ordered to be ingrossed accordingly M r John Acton one of the Burgesses for Droitwich in the County of Worcester is for his special business licensed by Mr. Speaker to depart On Saturday the 14 th day of January Two Bills of no great moment had each of them one reading of which the second being the Bill to reform deceits and breaches of trust touching Lands given to charitable uses was upon the second reading committed unto Mr. Serjeant Harris Mr. Serjeant Lewkenor Mr. Serjeant Warberton the Knights and Burgesses for London Mr. Miles Sands Sir Robert Wroth and others and he Bill and Committees names was delivered to Mr. Serjeant Harris who with the rest was appointed to meet upon Monday next at two of the Clock in the Afternoon at Serjeants-Inn in Chancery-lane The Bill for the reviving Continuation and Explanation and perfecting of divers Statutes was upon the second reading committed unto all the Privy-Council being Members of this House Sir Walter Raleigh Sir Edward Hobby Mr. Anthony Wildman Mr. Sollicitor Mr. Francis Bacon Sir George Carey Mr. Fulk Grevill Sir Oliver Lambert Mr. Brograve Attorney of the Dutchy with divers others who were appointed to meet in the Exchequer Chamber upon Tuesday next at two of the Clock in the Afternoon Mr. Attorney General and Mr. Doctor Stanhop coming from the Lords Mr. Attorney shewed that whereas Yesterday in the Conference at the Court by the Committees of both Houses it pleased their Lordships to appoint him to deliver unto the Committees of this House such defects as their Lordships did conceive to be in the Bill lately passed in this House for the increase of people for the service and defence of the Realm which he then did so deliver accordingly at which time the same was verbally answered but only by one of the said Committees of this House and that also with protestation of no advantage to be taken thereby to the prejudice or hindrance of the Bill At which time also as it was prayed by the said Committees of this House that their Lordships would vouchsafe to set down the said pretended defects in writing and their Lordships then assented so to do so their Lordships did now send down the same in writing unto this House accordingly And so the said Mr. Attorney did deliver the same to Mr. Speaker and then departed Vide January the 24 th Tuesday poslea The Bill for Arthur Hatch her Majesties Ward for the enjoying of the Rectory and Parsonage of South-Molton in the County of Devon for certain years reserving the usual rent was read the third time and passed upon the Question Sir Walter Raleigh renewing the Motion for a Conference to be prayed with the Lords concerning their said Amendments and Provisoes in the Bill for erecting of Houses of Correction and punishment of Rogues and Sturdy Beggars for the better reconciling of the same with the Bill now begun in this House against wandring Souldiers and Mariners it was thereupon thought convenient by this House that he the said Sir Walter Raleigh accompanied with a convenient number of the Members of this House should presently repair to the Upper House to move for the said Conference accordingly Sir Walter Raleigh and the residue returning from the Lords after the Bill to prevent double payment of Debts upon Shop-Books had been read the third time and passed the House he shewed that they moved their Lordships for the said Conference on the behalf of this House and that their Lordships have thereupon appointed six of themselves to meet for that purpose with a convenient number of the Members of this House upon Monday next at eight of the Clock in the Morning in the second Chamber of the Upper House And did further shew unto this House that when he and the residue after the said Motion made unto their Lordships for the said Conference did attend their Lordships Answer and were called in to receive the same their Lordships did then deliver the said Answer unto the said Members of this House at the Bar not using any of their Lordships former and wonted courteous manner of coming down towards the said Members of this House to the Bar but all of them sitting still in their great Estates very solemnly and all covered the Lord Keeper sitting also still in like manner covered delivered the said Answer unto the said Members of this House to the great indignity of this House and contrary to all former usage of their Lordships heretofore towards the Members of this House in like Cases accustomed Whereupon their Lordships innovation being misliked of by sundry Members of this House very much and in some part debated by them for further resolution thereupon there were nominated and appointed for that purpose Mr. Comptroller Sir Walter Raleigh Mr. Grevill Sir Robert Wroth Sir Oliver Lambert Mr. Hext Mr. Chancellor of the Exchequer Sir Anthony Mildmay with many others who were appointed to meet this Afternoon at two of the Clock in Serjeants-Inn in Chancery-lane to inform themselves in the said Cause against that time of Conference accordingly Vide on January the 12 th Friday residuum istius materiae Mr. Bacon reciting in part the proceedings Yesterday in the Conference with the Lords at the Court and putting the House in mind of the Objections of the Lords delivered this day in writing by Mr. Attorney General moved for a Committee of some selected Members of this House to be nominated to confer and consider upon the said Objections for the better answering of the same to the maintenance of the Bill Whereupon some desiring that the said Objections might be read all was then further deferred till Monday next the time being now far spent and the House ready to rise On Monday the 16 th of January Two Bills had each of them one reading of which the first being the Bill for explanation and addition of an Act of Quinto Reginae for maintenance of the Navy was read the first time The 31. Objections of the Lords touching the Bill lately passed in this House and sent up to their Lordships Intituled An Act for the increase of People for the service and defence of the Realm were read to the House upon the Motion of M r Francis Bacon who after the reading of the aforesaid objections moved
upon Tyne was read the third time and passed upon the question M r Recorder of London M r Tanfield M r Wiseman M r Snagg M r Finch M r Lea M r Francis Moore M r Boyes M r Hide and M r John Shirley were added to the former Committees in the Bill for the better Execution of Judgment who were appointed on Wednesday the 25 th day of this instant January foregoing and were appointed to meet this Afternoon at two of the Clock in the Middle-Temple On Friday the third day of February the Bill to restrain the Lading of Corn in some Ports was upon the second reading committed unto M r Colebrand M r Hext Sir Thomas Mounson M r Arnold the Burgesses of Port Towns M r Shirley and others who were appointed to meet this Afternoon at two of the Clock in the Middle-Temple Hall The Bill also for the restraint of carrying of Corn out of the Realm was read the second time and committed to the last former Committees and the same time and place appointed for meeting and both the said Bills and Committees names were delivered to M r Colebrand The Bill against the excess of Apparel was read the third time and passed upon the Question M r Serjeant Drew and Mr. Doctor Stanhop did bring from the Lords a Bill Intituled An Act for the reformation of the abuses touching Wine-Casks with special recommendation for the speedy proceeding in the same Bill and did further bring word from their Lordships that whereas their Lordships received a Bill from this House Intituled An Act for the reviving continuance and explanation of divers Statutes which Bill as their Lordships do wish good success unto so their Lordships do in that respect pray present Conference of some convenient number of this House with six of their Lordships Whereupon Mr. Shirley Mr. Snagg Mr. Duport Mr. Francis Moore Mr. George Crooke Mr. Finch Mr. Oldsworth Sir Robert Wroth Mr. Wiseman Mr. Boyes Mr. Tasborough Mr. Colebrand Mr. George Moore Sir Francis Hastings and Mr. Serjeant Lewkenor were presently appointed for that purpose accordingly Four Bills were sent up to the Lords from the House of Commons by Sir Francis Hastings and others of which the first was the Bill for Confirmation of Statutes Merchants acknowledged in the Town Corporate of Newcastle upon Tyne And the second was for the renewing continuance and explanation of an Act for the necessary relief of Souldiers and Mariners Mr. Secretary one of the Committees in the Bill for reforming of sundry abuses committed by Souldiers and others used in her Majesties Services concerning the Wars who were appointed on Friday the 27 th day of January foregoing shewed that he and the other of the Committees of this House have attended the Committees of their Lordships in that Bill accordingly And that they found their Lordships very honourably inclined to hear the further minds and opinions of this House touching any the parts or points of the said Bill for their Lordships better satisfactions concerning the same And so moving for another meeting of the said Committees of this House to consider and confer touching the said Bill amongst themselves in the mean time the Committees names were thereupon read by the Clerk and the time of their meeting set down to be to Morrow at two of the Clock in the Afternoon in the Exchequer Chamber Mr. Francis Bacon one of the Committees in the Bill lately passed in the Upper House and sent down by the Lords to this House Intituled An Act against the decaying of Towns and Houses of Husbandry shewed the meeting of the Committees and that the more part of them being imployed in the Committee of a Bill for the more speedy payment of the Queens Majesties Debts who were appointed on Tuesday the 31 th day of January foregoing And in the Bill for the better explanation of the Act made in the thirteenth year of her Majesties Reign Intituled An Act to make the Lands Tenements Goods and Chattles of Tellors Receivors c. liable to the payment of their Debts they would proceed in the said other Bill and so moved for another meeting for that purpose Whereupon it was Ordered the same should be at two of the Clock in the Afternoon of this present day in the Exchequer Chamber Mr. Serjeant Drew and Mr. Doctor Stanhop did bring from the Lords a Bill lately passed in this House and sent up to their Lordships Intituled An Act for the establishing of the Lands given by John Bedfords Will to the perpetual repair and Amendments of the Highways at Aylesbury in the County of Buckingham according to the said Will And did shew that their Lordships had likewise passed the same Bill in the Upper House with some Amendments and with a Proviso annexed unto the same by their Lordships and so did deliver the said Bill to Mr. Speaker Sir Francis Hastings and others returning from the Lords he shewed the delivering of the Bills unto their Lordships which were sent up unto them by himself and others the Members of this House The Bill for Reformation of abuses in Wine-Casks was upon the second reading committed unto Sir Robert Wroth the Knights and Burgesses of London Mr. Snagg Mr. Wiseman Mr. Thomas Smith the Burgesses of York Mr. Peirson Mr. Hext Mr. Stevenson Mr. George Moore and Mr. Lilley and the Bill and Committees names were delivered to Mr. Hext who with the rest was appointed to meet to Morrow in the Morning at eight of the Clock in the Committee Chamber On Saturday the 4 th day of February Mr. John Shirley one of the Committees in the Bill for the better Execution of Judgment who were appointed on Wednesday the 25 th day of January foregoing shewed the meeting and travel of the Committees and some their Amendments in the Bill and so delivered in the Bill The Bill for erecting and building of a Bridge over the River of Wye at Wilton upon Wye near the Town of Rosse in the County of Hereford was read the third time and passed upon the question M r Doctor Carew and M r Doctor Stanhop did bring from the Lords a Bill passed in this House and sent up to their Lordships intituled An Act for establishing a Joynture to Anne Lady Wentworth now wife of William Pope Esquire and for the better enabling of William Pope aforesaid to sell certain of his Lands for the payment of his Debts and another for the confirmation of the Jointure of the Lady Verney wife of Sir Edmund Verney Knight which Bill their Lordships have also passed with some Amendments The Bill for the more speedy payment of the Queens Majesties Debts and for the better explanation of the Act made in the 13. year of the Queen intituled An Act to make the Lands Tenements Goods and Chattels of Tellors Receivours c. lyable to the payment of their debts was read the third time and after very many Speeches and Arguments both with the Bill and against the Bill was
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
who said that in the 27 th year of the Queen the like Motion had been made and that then by reason of the shortness of the time and suddain ending of the Parliament nothing was done therein Notwithstanding he said that now this motion being so happily made and that then by reason of the shortness of the time nothing was done he thought it fit for a Committee He was seconded again by M r Wiseman of Lincolns-Inn who was of the same mind and said That divers particular Laws of his knowledge were now both needless to be performed as also dangerous to the Subject by reason of the Penalties Whereupon the House agreed that the said Bill should be committed and Committees were nominated which are inserted out of the Orinal Journal-Book it self viz. All the Privy Council being Members of this House M r D r Caesar Master of Requests Sir Edward Hobbie M r Wiseman M r D r Crompton M r D r Perkins M r D r Dunn the Knights and Citizens for London the Knights and Citizens for Norwich Sir Walter Raleigh M r Tanfield M r Francis Bacon M r Robert Wingfield Sir Robert Wroth Sir George Moore Sir Moile Finch Sir John Harrington Sir Thomas Leighton M r Snigg M r Phillipps M r Winch Mr. Tho. Culpepper Mr. Hide Mr. Oldsworth Mr. Maynard the Lord Howard Sir Richard Knightley Sir Robert Carey the Lord Clinton Mr. Dale Mr. William Lane Mr. Michael Stanhop Mr. Warcop Sir Henry Nevil Sir Arthur George Sir Edward Hungerford Sir William Strowde Sir William Courtney Mr. John Egerton Mr. Dr. James Sir Crew Rawleigh Mr. Boyse Sir Henry Brunker and Sir Thomas Gerrard who were appointed to meet in the Exchequer Chamber upon Friday next in the Afternoon The Bill for the explanation of such Statutes as touch Leases to be made by Archbishops and Bishops was read the first time Monition was this day given by Mr. Speaker unto the Members of this House that they would forbear from henceforth to come into this House with their Spurs on in regard it is very offensive to many others of the residue of them Thus far out of the Original Book it self Others also although nothing were done therein moved to have Boots and Rapiers taken away as is set down in the above mentioned private Journal On Tuesday the 3 d day of November Upon a Motion made by Mr. Speaker on the behalf of Mr. Fulk Onslow the Clerk of this House for that it hath pleased God to visit him with an Ague That it would please this House to vouchsafe their allowance unto Cadwallader Tydder his Servant to execute the place in his absence as Deputy unto the said Mr. Onslow until it shall please God to restore him to health Which was willingly assented unto by the whole House and by Order of the whole House the said Tydder took the Oath of Supremacy Nota That there was a like precedent in the second meeting of the Parliament after an Adjournment thereof in Anno 28 29. Regin Eliz. An. Dom. 1586. when upon the like Motion of the Speaker on Wednesday the 15 th day of February William Onslow kinsman of the said Mr. Fulk Onslow being at that time a Member of the House of Commons was during his sickness allowed by the said House to exercise and supply the place of Clerk thereof as at this present time Cadwallader Tydder servant to the said Mr. Fulk Onslow was licensed to supply the same Six Bills of no great moment had each of them one reading of which the last being the Bill for the better preserving the breed of Horses and to avoid the common stealing of them was upon the second reading committed unto Sir Edward Hobbie Sir Robert Wroth Mr. Walter Cope Mr. Fulk Grevil Mr. Hide and others who were appointed to meet on Monday next in the Exchequer Chamber at two of the Clock in the Afternoon And the Bill and Committees names were delivered to Sir Robert Wroth. The Bill to reform the Abuses in Inns Victualling-Houses c. was read the second time and being put to the question for committing was upon the question refused to be committed Upon a Motion made by Mr. Leife that whereas many Members of this House which could not come to the Upper House upon the first day of this Parliament the Door being kept shut to hear her Majesties pleasure signified by the Mouth of the Lord Keeper of the Causes of her Majesties calling of this Parliament they might in some sort be satisfied of the same He putteth Mr. Comptroller in mind of his Honours promise to relate the same unto them Who thereupon desired Mr. Secretary Cecil because he the said Mr. Comptroller was not there himself to make the same relation which the said Mr. Secretary doing at large The chief intent and scope thereof appeared to aim at the setting forth of two things especially the First the Danger the Kingdom stood in in respect of the power and malice of the Spaniard the Second that timely provision of Treasure might be made for the prevention Thus far out of the Original Journal-Book it self M r Secretary Cecil's Speech which followeth being spoken after that he had repeated the Lord Keepers Speech is inserted out of the beforecited private Journal of the House in manner and form following For my own advice touching the particular Counsels of this House I wish that we would not trouble our selves with any fantastick speeches or idle Bills but rather such as be for the general good both light in conception and facile in execution Now seeing it hath pleased you all hitherto with patience to hear me if with your favour I may particularize and show the grounds of the former delivered Speech touching the State of Ireland I shall be very glad both for my own discharge and for your satisfaction The King of Spain having quit himself of France by a base and servile Peace forgetteth not to follow the Objects of his Fathers Ambition England and the Low-Countries He hath made Overtures of Peace which if they might both be honourable and for the publick good I hold him neither a wise nor an honest man would impugn them He hath put an Army into Ireland the number Four thousand Souldiers under the conduct of a valiant expert and hardy Captain who chooseth rather than return into his own Country without any famous enterprize to live and dy in this service These Four thousand are three parts Natural Spaniards and of his best expert Souldiers except them of the Low-Countries Those he could not spare because of his enterprize of Ostend And how dangerous the loss of that Town would be to this Land I think there is no man of experience but can witness with me For he would easily be Master of all that Coast so that the Trade betwen England and the Low-Countries would be quite dissolved Yea he would be so dangerous a Neighbour to us that we which are now Tenants by discretion are
and our expectations The Clerk of the petty Bag the Clerk of the Crown and the Clerk of the Parliament attended us The Clerk of the Parliament delivered unto us a fair Record containing a Writ sent out sedente Parliamento for so are the words it was for the Knights of Yorkshire and Lancashire and this was all he could shew only he said an old Officer would be sworn there were more but lost by Garth's decease The Clerk of the Crown dealt with us two ways The First by way of experienced Officers The Second by way of Precedent For the First one Stephen Brown was brought forth before us who hath been an Officer in the Crown-Office these thirty six years And being asked if he knew how Warrants were directed he answered that in the time of the Lord Keeper Bacon he that was Speaker of this House directed them to the Clerk of the Crown Being further asked if they were impugned he Answered No. Being asked where these Warrants were kept he said on the Labels in the House The said Clerk shewed us sive Precedents and one Order the rest were lost by M r Watson's death as the other Precedents were by the death of M r Garth the Clerk of the Parliament of the 13 th of Queen Elizabeth when Sir Christopher Wray was Speaker As also One Order dated 18 th of March 1580. die Sabbathi that a Warrant should be directed to the Clerk of the Crown to chuse a new Burgess for Norwich instead of one Beamont the words whereof were It is required of the Knights Citizens Burgesses and Barons c. As also another Order dated die Sabbathi 18 o Martii 1580. in these words It is further agreed upon and resolved by this House that during the time of sitting of this Court there do not at any time any Writ go out for the chusing or returning of any Knight Citizen Burgess or Baron without the Warrant of this House first directed for the same to the Clerk of the Crown according to the Ancient Jurisdiction and Authority of this House in that behalf accustomed And another Warrant subscribed Henry Gates and Will. Fleetwood who were Committees in examination of a Cause touching Henry Bermaker and Anthony Wilde the effect whereof was That forasmuch as they were Arrested into the Kings Bench whereas we find them priviledged as Members of this House a Warrant was directed to the Clerk of the Crown for making Writs of Priviledge as aforesaid Dated from Westminster the sixth day of December Therefore for mine own opinion and according to these Precedents I think they ought to be directed to the Clerk of the Crown Sir George Moore stood up and shewed a Precedent dated on Friday the second day of March 35 o Eliz. where a new Writ was to be Awarded out concerning M r Fitzherbert and all Writs of priviledge to come from the Chancery And the Speaker made a new Warrant to the Lord Keeper to make a new Writ In the like case both touching Southwark and Melcombe Regis for I think the Warrant ought to be directed to the Lord Keeper M r Pate of the Middle-Temple shewed that Ratio Legis was Anima Legis And he that presents a Precedent without a reason presents a body without a soul. There is a difference in Writs there are Brevia ex gratia speciali and Brevia cursoria And therefore when the Warrant hath gone from the Speaker to the Clerk it hath caused the Writs of course by the Lord Keeper M r Secretary Herbert shewed how that he with other three by their Commandments had been with the Lord Keeper whom he found most Honourably to entertain and receive both him and the rest And that his Lordship did greatly respect both the majesty and gravity of this Assembly and said that he woud be loth to derogate any thing from either Notwithstanding he hoped and prayed that if any further Precedents had improvidently gone from this House or contrary to the most antient usage that we would now settle our resolution and stablish and decree that which might be a sufficient Warrant unto him to put in Execution our Commands and also increase the Majesty and Honour of this House which he most heartily wished might ever continue And for my part thus much I can assure you that we cannot wish him to be more Honourable or more agreeable to this House than we found him Henry Doyley of Lincolns-Inn said M r Speaker I take it there is a Precedent this Parliament which will decide this Controversie For an Honourable Person of this House being chosen with my self Burgess for Wallingford and also Knight of a Shire chose to be a Kuight And a Warrant went from you M r Speaker directed to the Clerk of the Crown for the Election of a new Burgess who is since Chosen and Sworn and is now a Member of this House M r Thomas Fortescue by name M r Flemming said The Clerk of the Crown is our immediate Officer he is to be Attendant between the two Doors of the Upper House and Lower House when any Warrant General is required he is to subscribe it to certifie it c. he is to convey our minds and Messages to the Upper House c. Yea this Warrant is to be directed to him Then all cryed to the question Then M r Speaker stood up and said The Question must stand on three parts First if the Warrant shall be directed to the Clerk of the Crown Secondly to the Lord Keeper Thirdly if without any direction The House after this Speech was in great murmur and very loud then stood up one and said M r Speaker Let the first Question stand and then all will be at an end Then the Speaker said Shall the first question stand And all said Yea. Then he said All those that will have the Warrant directed to the Clerk of the Crown cry Yea and all those that will not cry No. And the Yeas got it a little Then he asked if he would have this Order entred of Record and all cryed Yea Yea. Thus far out of the private Journal Now follows some part of the next days Passages out of the Original Journal-Book it self On Monday the 16 th day of November Five Bills of no great moment had each of them one reading of which the first being the Bill for enabling Edmund Mollineux Esq to sell Land for the payment of his Debts And the last being the Bill for reformation of abuses used in buying and selling of Spices and other Merchandizes had each of them their first reading Thus far out of the Original Journal-Book of the House of Commons the residue of this days Passages for the most part is transcribed out of that often before-mentioned private Journal M r Henry Doyley a Barrester of Lincolns-Inn made a Motion and said M r Speaker I think my self bound in Conscience to certifie you of an Infamous Libel that is newly Printed and spread abroad since
of Peace Ministers to her Majesty without whom the Commonwealth cannot be If this boldness go on they will accuse Judges and lastly the Seat of Justice it self That all Justices should be thus generally accused this is meer Barbarism indeed When her Majesty shall have understanding hereof it will be no content unto her and a scandal unto us all M r Glascock said In that I am taxed to tax Justices of Peace I am to pray the House to give me leave to make an Apology for my self M r Speaker I will not deny that I spake and protest it in my conscience I spake only of the inferiour sort of Justices commonly called Basket Justices against these I will not speak that I spake last but other matter in other Terms They be like the wise men of Chaldee that could never give judgment till they saw the Entrails of Beasts Our Statutes penal be like the Beast born in the Morning at his full growth at noon and dead at night So these Statutes quick in Execution like a wonder for nine days so long after they be at the height but by the end of the year they are carried dead in a Basket to the Justices House Mr. Speaker said Mr. Glascock you speak from the matter and purpose and this that you have spoken you must justify Mr. Martin said I am rather willing to speak in that I would willingly have an end of this matter I think we all agree upon the substance that it is fit the Sabbath should be sanctified The other matter which is the impediment I know it is a grief but I leave it as matter more fit to be decided at a Committee than here And therefore for the Honour of the Queen and of her Government I wish it may be committed without further Argument Sir Robert Wroth said I think the Office of Justice of Peace is too good a calling for him that exclaims against it and I think he 'll ne're have the honour to have it It were good they were named and that he told who they were otherwise honest men will be loth to serve the Queen when they shall be slandered without proof Therefore I would he might answer it at the Bar. And all said No No. Mr. Johnson said This Bill is an excellent good Bill And I have observed in all the Speeches yet spoken have been interlarded with other matter The Gentleman now protesteth he spake of Basket Justices I appeal to the whole House whether his definition were not general viz. A Justice of Peace is a kind of living Creature that for half a Dozen of Chickens will dispense with a dozen of penal Statutes I think it is well known that the Honourable that sit about the Chair and all the rest of her Majesties Privy Council have and do hold the same place and this toucheth them as much as Inferiour Justices And therefore I humbly pray he may answer it at the Bar and that it may not be past over with silence M r Hide said Every man agrees this Bill hath good matter and we all agree and consent to the substance though dissent to the form some have more wit some have more understanding than others If they of meaner capacity and Judgment spake impertinently let us not in a spleen straight cry Away with the Bill but let us give it the same favour we give to Bills of far inferiour nature that is a Commitment so the Bill was committed to the former Committees who were appointed on Wednesday the 18 th day of November foregoing and to all the Privy Council being of this House Sir Robert Wroth Sir Carew Reignolds Sir Anthony Cope Mr. Bond Mr. Martin Mr. Hide Mr. Owen Mr. Beeston and Mr. Wimarke who were appointed to meet to Morrow in the Afternoon in the Exchequer Chamber at two of the Clock Two Bills of no great moment had each of them one reading of which the second being the Bill against Victualling Houses Taverns c. was read the third time And after many Arguments upon the question dashed The Bill against double payment of Debts upon Shop-Books was read the third time and Ordered upon the question of Amendment in some few words to be committed unto Mr. Serjeant Harries and others and to be put to the question for passing to Morrow Peter Fretchvile Esquire returned unto this present Parliament one of the Knights for the County of Derby for that he is chosen Sheriff of the County and other his necessary affairs is licensed by Mr. Speaker to depart home Nota That have it appeareth that Peter Fretchvile Esquire being a Member of the House and elected Sheriff of the County of Derby did notwithstanding continue his place in the same by which it is apparent that the said places are not incompetible but may stand and be together simul semel in one and the same Person On Thursday the third day of December Four Bills of no great moment had each of them one reading of which the second being the Bill for the strengthening of the North parts was read the second time and committed unto all the Privy Council being Members of this House the Knights and Burgesses for Cumberland Westmerland and Northumberland and others who were appointed to meet to Morrow in the Afternoon at two of the Clock in the Exchequer Chamber Mr. Davies brought in the Bill touching Garbling of Spices with some Amendments which were twice read and the Bill Ordered to be ingrossed The Bill for the Assurance of the Joynture of the Countess of Sussex was read the second time and committed unto the Privy Council being Members of this House M r Serjeant Harries Sir Walter Raleigh Sir Robert Wroth and others who were appointed to meet this Afternoon in the Exchequer Chamber at two of the Clock The Bill for the Assurance of the Joynture of Rachell the wife of Edward Nevill of 〈◊〉 in the County of Kent was read the second time and committed unto Sir Edward Hobbie Sir George Moore Sir Moyle Finch Sir John Grey Mr. Francis Moore and others who were appointed to meet this Afternoon at two of the Clock in the Exchequer Chamber The Bill touching the confirmation of the sale of Lands made by Lewes late Lord Mordant deceased was read the second time and committed unto the former Committees for the Earl of Sussex and M r Attorney of the Wards M r Tansield M r Winch and M r Ludlow who were added unto them M r Mountague moved that such persons as shall prefer and have benefit by any private Bills may in regard of their said benefits be charged with some consideration and payment of Money towards the relief of the Poor which being assented unto It was Ordered by the whole House That such persons as shall have any private Bills expedited and passed in this House during this Session of Parliament only shall pay towards the relief of the Poor for every Bill so passed in this House touching
to do our Countries good bereave them of that good help we may justly Administer M r Speaker Qui vadit planè vadit sanè Let us lay down our griefs in the Preamble of our Bill and make it by way of Petition And I doubt not but her Majesty being truly informed of it will give her Royal Assent M r Secretary Herbert said The making of Armamentaria is a Regality belonging only to the power of the King and the Crown of England and therefore no man can either cast or transport without Licence It stood perhaps with the Policy of former times to suffer transportation but as the times alter so doth the Government And we doubt it is now very hurtful and prejudicial to the State and therefore I am of opinion that it is very fit this transportation should be stayed and I concur only with them which would have it by way of Petition and not by Bill M r William Hackwell of Lincolns-Inn said I know the Authority of the Worthy Counsellor that last spake will incline you to yield to this Objection Yet notwithstanding I beseech you suppose him to be a man of my Condition or me to be a man of his sort so I doubt not but our persons being equalized the matter will soon be decided Where he saith transportation is necessary to aid our Friends and retain their Alliance I Answer That it is the subtilty and covetousness of our Friends who finding the inestimable gain and treasure they have by Ordnance brought from us do not only desire them for gain but also to gain to themselves Confederates by which means succouring our Friends we aid our Enemies For look whatsoever we give them we deduct from our selves Now let us stop this transportation and that greatly weakens their Forces by which means they will never be able to encounter us hand to hand Our Ordnance this pretious Jewel of our Realm worth even all we have is as familiarly sold in the Countries of our Confederates as any thing within this Land but being stopt they must be fain to take supply from their Ports to their Ships from their Ships to the Field c. Sir Francis Hastings said How swiftly and sweetly her Majesty apprehends our late griefs I think there is no Subject but knoweth For us then to deal in a matter so highly touching her Prerogative we should give her Majesty just cause to deny our Proceedings by Bill I think therefore by laying open our griefs in a Petition it will move the heart of her Majesty as much being a Case of this consequence as our first Motion by M r Speaker hath done And therefore I am of Opinion there is no way but this way Sir George Moore said It is in vain to dispute of the matter when the manner is only in question and as vain to lose the matter by over-long dispute of the manner The late experience of her Majesties Love and Clemency towards us and of her Care over us striketh such an awful regard into my heart that I wholly dislike this proceeding by Bill and only do approve our former Motion by way of Petition M r Hyde said M r Speaker It is doubted by some that this Bill will not pass by reason of the sudden ending of the Parliament for that I think if we give not too much stop to private Bills this Bill would quickly pass And I see no reason but we may well proceed by Bill and not touch her Majesties Prerogative for her Majesty is not more careful and watchful of her Prerogative than the noble Princes of Famous Memory King Henry the Eighth her Father and King Edward the Sixth her Brother were Then there was no doubt or mention of the Prerogative And therefore I think our surest and soundest course is by way of Bill c. M r Comptroller said I wish we should deal in such manner as we may have our desire and that I think we shall sooner obtain in speaking unto the Queen by way of Petition than in proceeding by way of Bill and Contestation We must note that her Self and her Progenitors will not be forced And I do not hold this course by way of Bill either to stand with respect or duty M r Swale of the Middle-Temple said I would but move thus much to the House if we let slip this Law and proceed by way of Petition then is there no Law to prohibit but the Law of 33 Hen. 8. and 2 d of Edw. 6. And those Laws give so small a remedy that it is no recompence to the loss of the thing M r Serjeant Harris said It hath been thought that the former Statutes do not stretch to Ordnance made of Iron But may it please the House to commit the Bill there shall be shewed to the Committees four or five Precedents and late Judgments that Iron Guns come within this Law M r Sollicitor Flemming said The Gentleman that spake last said very true for it was lately in Matchivells Case in the Exchequer So the Bill was committed to all the Privy Council and all the Queens Learned Councel being of this House Sir Walter Raleigh the Knights and Citizens of London Sir Francis Hastings M r Grevill Sir Robert Wroth Sir Robert Mansell Sir Richard Knightley Sir George Moore and divers others who were appointed to meet in this House at two of the Clock in the Afternoon Then followed a dispute touching the Information against M r Belgrave a Member of the same M r Belgrave said Mr. Speaker Modesty forbids me to speak in my own Case that so nearly concerneth me but necessity urgeth me to appeal to this High Court True it is there was an Information exhibited against me in the Star-Chamber by an Honourable Person of the Upper House the Earl of Huntington in the name of Mr. Attorney General for a Misdemeanor committed to this High Court the substance of that Information I confess yet I am to be an humble Suitor unto this House whether an Information is to be exhibited this House sitting against any Member thereof And for my own part I do submit my self to abide such Censure as this House shall in their Wisdoms think convenient Sir George Moore said viewing the Information I find the words to be against the High Court of Parliament which is as well the Upper House as this House and therefore I wish there might be a Conference with the Lords herein Now this House is but part and a Member of the Parliament and therefore we solely cannot proceed Mr. Serjeant Harris said In the 36 th of Hen. 8. when Ferris Case was who was a Member of this House did not we proceed without any Conference with the Lords Here might be libera suffragin and no man of this House to be chosen by any Friends or Mediation of any great Man neither ought we to be tyed by any Blue Coat in the World But as our Persons are Priviledged so should our Speeches be
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
for continuance repeal and explanation of Statutes was twice read Provisoes for Dover-Haven in the Bill for continuance and repeal of Statutes were twice read and committed unto M r Comptroller Sir Walter Raleigh M r Snigg Sir John Lewson and others M r Francis Bacon made Report of the travel of the Committees in the Bill touching Policies of Assurances and brought in the Bill with some Amendments and prayed the reading thereof The Amendments in the Bill touching Policies of Assurances used amongst Merchants were twice read and with the Bill Ordered to be ingrossed M r Doctor Swale and M r Coppin did bring from the Lords the two Bills formerly passed in this House the one Intituled An Act touching Orders in the Exchequer with a Proviso added to the same by their Lordships likewise passed with the Lords and another touching the Jointure of Lucie Countess of Bedford with certain Amendments and two Provisoes added Three Bills had each of them one reading of which the first being the Bill for the Repeal of An Act made in the fourteenth Year of her Majesties Reign touching the reforming the length of Kersies was read the second time and committed unto Sir George Moore Sir Edward Moore M r Kingsmell M r Popham the Burgesses of Clothing Towns and others who were appointed to meet this Afternoon at two of the Clock in the Exchequer Court The Two Bills last passed were sent to the Lords by M r Secretary Cecill and others the Committees appointed to have Conference with the Lords this Afternoon M r Philipps one of the Committees in the Bill against misimploying of Lands Stocks and Stores given to Charitable Uses brought in the Bill with some Amendments added by the Committees of which he praveth the reading The Amendments in the Bill against misimploying of Lands Stocks and Stores of Money given to Charitable Uses were twice read and the Bill Ordered to be ingrossed The Proviso that came from the Lords in the Bill touching Orders in the Court of Exchequer was twice had and committed presently to be considered of by M r Sollicitor and M r Winch in the Committee Chamber of this House The Bill for the repairing of two Bridges near the City of Carlisle in the Country of Cumberland was read the third time and passed upon the question Two Bills also had each of them their third reading and passed upon the question of which the first was the Bill concerning the Assize of Fuel Thus far out of the Original Journal-Book of the House of Commons now follow the passages touching the Arrest of a Servant of a Member of the same out of a private Journal M r Davies moved the House and shewed that a Servant of Mr. Huddleston Knight for Cumberland being some twelve Months since hurt in the Hand went unto one Matthews a Chirurgion by Fleet-Bridge who for ten pounds undertook the Cure the man gave him a Bill of ten pound for the said 〈◊〉 which he the said Matthews could not perform without leaving a great scar and withal a little 〈◊〉 in his hand notwithstanding he paid the Chirurgion eight pound But upon what suggestion I know not Matthews hath sued Mr. Huddleston's man for the whole ten pound and Arrested him upon an Execution into the Counter The man told him he was Mr. Huddlestons Servant and that his Master was a Member of this House and a Knight of a Shire and that he was thereby priviledged from Arrests and wisht to be discharged but Matthews and the Serjeant answered him they cared not for his Master nor for the priviledge and said that he was not priviledged from an Execution And so being carried to the Counter he told the like there to the Clerks who affirmed likewise that priviledges could not extend to Executions and therefore would not discharge him And therefore I pray in the behalf of the Gentleman that both Matthews and the Clerks and Serjeant may be sent for And so they were Ordered to appear to Morrow in the Afternoon The Bill touching Captains Souldiers and Mariners and other her Majesties Services in the Wars was read the first time Post Meridiem Sir Robert Wroth a Committee in the Bill for Relief of the Poor brought in the Bill with the Amendments and a Proviso added by the Committees The Proviso and Amendments in the Bill for the relief of the Poor were twice read and the Bill was Ordered to be ingrossed Two Bills had each of them their third reading of which the second being the Bill for the confirming the Authority and Government of the Mayor Sheriffs and Aldermen of London within S t Katherin's Christ Church was upon the question of Amendments in the Bill and the division of the House dashed with the difference of forty three voices viz. with the Yea forty nine and with the No eighty six The Bill touching matters in Policies of Assurances was read the third time and passed upon the question Mr. Wirgfield a Committee in the Bill touching the draining of surrounded Grounds in the Counties of Cambridge Huntington Northampton Suffolk and Norsolk c. brought in the Bill with some Amendments and a Proviso added by the Committees and prayed the reading thereof The Amendments and Proviso in the Bill touching draining of surrounded Grounds in the Counties of Cambridge Huntington Northhampton c. were twice read and the Bill was Ordered to be ingrossed The Bill for the more peaceable Government of the Counties of Cumberland Northumberland and Westmerland with the Bishoprick of Durham was read the second time and committed unto all the Privy Council being Members of this House the Knights of Cumberland Northumberland and Westmerland and others who were appointed to meet to Morrow in the Morning in the Committee Chamber of this House On Tuesday the 15 th day of December Four Bills had each of them one reading of which the last being the Bill for avoiding of idleness and setting the Poor on work was read the second time and upon the question for committing or ingrossing dashed Mr. Dr. Stanhop and Mr. Dr. Hone did bring from the Lords a Bill that passed in this House intituled An Act for the making of an Harbour or Key on the North parts of Devon in the River of Severn for the safeguard of men and Shipping c. with the Amendment of one word to be put out viz. the word Free The Amendment brought down from the Lords in the Bill touching a Harbour or Key to be made c. was thrice read and assented unto by the House and so passed upon the question Two Bills also had each of them one reading of which the last being the Bill for the relief of Theophilus Adams c. was read the third time and after Councel heard on all parts dashed upon the question Sir Edward Hobbie a Committee in the Bill touching Kettlebie and Kettlcbie shewed the travel of the Committees in framing of a new Bill by consent of Parties and so delivered in
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
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
to be ingrossed Post Meridiem In the Afternoon twelve Bills had each of them one reading of which the first being the Bill for restitution in Blood of Edward Turner And the second for restitution in Blood of Sir Ralph Chamberlain and John Hurleston had each of them their second reading but neither committed nor ordered to be ingrossed because they had been formerly sent from the Lords John Eire Esquire one of the Knights of the County of Wilts for his Affairs is Licensed to be absent On Monday the 8 th day of March Three Bills had each of them one reading of which the first being the Bill that S t Katherines Church shall be a Parish Church And the Second for the repairing and mending of High-ways were read the third time and passed the House and were sent up to the Lords by M r Comptroller M r Attorney brought from the Lords three Bills of which one was the Bill for Denizens Children The Bill also against the unlawful taking of Fish Deer or Hawks was read the third time and passed Post Meridiem In the Afternoon eight Bills had each of them one reading of which one was the Bill for the Subsidy of the Clergy Richard Parrott Gent. Burgess for Sandwich for his Sickness was Licensed to be absent On Tuesday the 9. day of March Two Bills had each of them one reading of which the first being the Bill touching the Lord Keeper of the Great Seal was read the second time but no mention is made that it was either referred to Committees or Ordered to be ingrossed because it had been formerly sent from the Lords Four other Bills also were each of them read the third time of which one being the Bill for restitution in Blood of Anne Thomas Another for restitution in Blood of Edward Turner And a third for restitution in Blood of Thomas Cranmer and Margaret Children of the Archbishop Cranmer did each of them pass the House Post Meridiem In the Afternoon eight Bills had each of them one reading of which the fifth being the Bill for the paving of Kentish-street near Southwark was read the second time and as it should seem committed to M r Graston and others not named Vide consimile on Thursday the 21. day of January foregoing Long Arguments were this day had in the House upon the Bill for having Wednesday to be a Fish-Day Vide touching this business on Thursday the 11. day of this instant March following On Wednesday the 10. day of March the Bill for restitution in Blood of William and Edward Iseley The Bill for restitution in Blood of Thomas Cobham The Bill to make Denizens the Children of John Fitz-Williams and others And the Bill for the restitution in Blood of the Heirs of the Lord Hussey were each of them read the third time and passed the House The Bill that Merchants shall not marry Strangers beyond the Seas was read the first time The Bill that the Lord Keeper of the Great Seal hath the like Power as the Lord Chancellor And the Bill for the restitution in Blood of the Daughters of Thomas Iseley were each of them read the third time and passed M r Sollicitor brought from the Lords the Bill for the restitution in Blood of Sir Peter Carew and William West Long Arguments upon the Bill for having the Wednesday to be a Fish-Day were continued till the Morrow after On Thursday the 11. day of March Three Bills had each of them one reading of which the third being the Bill for the Subsidy of the Clergy was read the third time and passed and was sent up to the Lords by M r Secretary together with the Lord Keepers Bill and the Bill for Fish Deer and Hawks Long Arguments were had upon the Bill for encrease of the Navy whether the Wednesday shall be a Fish-Day and upon the Question the House was divided and to have it a Fish-Day were a hundred fifty nine and not to have it a Fish-Day were ninety six And immediately after upon the qualification of that day the greater number agreed to the qualification Vide touching this matter on Tuesday the 9. day and on Wednesday the 10. day of this instant March foregoing George Cope Burgess of Ludgersall in Wilts for his affairs at the Assizes hath Licence to be absent On Friday the 12. day of March the Bill touching Consecration of Bishops was read the second time and Ordered to be ingrossed Four other Bills also had each of them one reading of which one being the Bill for the Inning of Plumsted-Marsh now surrounded was read the third time and passed the House On Saturday the 13 th day of March the Bill for the restitution in Blood of Leonard Diggs and Thomas Diggs and the Bill for restitution in Blood of Sir Ralph Chamberlain Knight and John Hurleston were each of them read the third time and passed The Bill against Conjurations was brought from the Lords by M r Sollicitor Post Meridiem In the Afternoon six Bills of no great moment had each of them one reading of which the first being the Bill for increase of Woods and Champian Grounds was read the second time and as it should seem committed to M r Marsh and others not named On Monday the 15 th day of March the Bill against fulling of Caps in Mills was read the second time but no mention is made that it was either committed or Ordered to be ingrossed because it had been formerly sent from the Lords George Lee Esq one of the Burgesses for Rippon in Yorkshire and Elice Price one of the Knights for Merionethshire in Wales for their affairs were Licensed to be absent Three Bills were sent up to the Lords by M r Vice-Chamberlain of which one was the Bill for Inning of Plumsted-Marsh The Provisoes added to the Bill for increase of Navigation were read the third time and passed M r Serjeant Carus and M r Attorney brought from the Lords the Bill for Enrolment of Bargains in Lancaster with a Proviso in Exeter Bill On Tuesday the 16 th day of March the Bill for the Enrolment of Writings Indented at Lancaster Chester and Duresm and a Proviso added to the Bill of Exeter were each of them read the first time The Bill for the Navy and the Bill for restitution in Blood of M r West were sent up to the Lords by M r Secretary and the Bill for Southampton and the Bill for Bowyers were sent from the Lords by M r Comptroller Post Meridiem In the Afternoon six Bills had each of them one reading of which the first being the Bill for unlading of Malmesies and Sweet Wines at South-hampton was read the first time On Wednesday the 17 th day of March the Proviso to the Bill of Exeter was read the third time and passed M r Sackvil declared from the Queens Majesty that she would take Order to make allowance for Justices Diets and that Commissioners should be sent to enquire of Vicountels
of Gods word established we therefore ought greatly to thank God and her For Authority or the Sword whereby the Common-Wealth is stayed three things he said are requisite Men Armour and Money For Men their good wills he said were most being of it self a strong Fortress For Armor the necessity he shewed in part and how requisite Treasure was he a little declared And concluded that all three must be conjoined Men Armour and Mony Lastly for Laws the third stay of the Common-Wealth he said there must be consideration in making them and care in Executing of them in making such as by the providing for one part of the Common-Wealth the rest should not be hindred which were indeed a matter most pernicious and this he vouched out of Plato de legibus For Execution he said that since the Law of it self is but Mute set in Paper not able to do ought the Magistrate except he will be also Mute must be the Doer and then is a good Law said to be well made when it is well Executed for anima legis est executio Hereupon he said something in commendation of her Majesty who had given free course to her Laws not sending or requiring the stay of Justice by her Letters or Privy-Seals as heretofore sometime hath been by her Progenitors used Neither hath she pardoned any without the advice of such before whom the Offendors have been Arraigned and the Cause heard His Oration being ended he then made four Petitions the first that the Persons Servants and Goods of all coming to that Assembly might be free from all Arrests Secondly That for Cause of Conference they might have access to her Majesty Thirdly If any sent should not truly report or in part mistake the meaning of the House that the same should be by her Highness favourably heard And lastly That in the House all men might have free Speech This Oration being ended by direction from her Majesty and instructions given what should be said The Lord Keeper Answered thus dividing his Speech into three parts the first where he had sometimes inserted commendations of her Majesty he said her Highness would not acknowledge so great perfections to be in her but said that they should be instructions for her better proceedings in time to come The second part of his Oration he said concerning the Rule for ordering of the Common-Wealth she well liked of and wished that as he had well conceived of it and well uttered the same so he and others would endeavour the Execution thereof For his Petitions he said her Majesties Pleasure was that the first should be granted with this caution that no man should under their shadows untruly protect any others For the second he said at time convenient her Pleasure was they should come freely Touching the third part he said she could not imagine that among so many wise men it could happen but if it should her Grace would be content to remit it The fourth was such that her Majesty having Experience of late of some disorder and certain Offences which though they were not punished yet were they Offences still and so must be accompted therefore said they should do well to meddle with no matters of State but such as should be propounded unto them and to occupy themselves in other matters concerning the Common-Wealth The Presentment and Allowance of the Speaker being thus transcribed out of that often before vouched Anonymous Journal of the House of Commons in this Parliament Now follow the residue of this days passages with those also of other days ensuing out of the Original Journal-Book of the Upper House Hodiè returnatum est breve c. by which the Bishop of Exeter was Summoned to this Parliament who was thereupon admitted to his accustomed place The like Writs were returned whereby the Lord Paget and the Lord De la Ware were Summoned to the said Parliament who were thereupon admitted There is no entrance of the Adjournment or continuance of this Parliament which happened doubtless through the great negligence of the Clerk of the Upper House although it is most casy to conjecture that the Lord Keeper did continue the same by her Majesties Commandment unto some hour of the Afternoon following being Thursday the 5 th day of this instant April This day finally but whether before or after the rising of the Lords of the Upper House doth not appear were divers Proxies returned and delivered in unto the Clerk of the said Upper House or to some other belonging unto him of which the unusual or extraordinary Proxies were only three and those also all from Spiritual Lords which are entred in the Original Journal-Book of the said Upper House in manner and form following 4 die April Introductae sunt Litterae Procuratoriae Hugonis Episcopi Landaven in quibus Procuratores suos constituit Nicolaum Wigorn. Richard Meneven Nicolaum Bangor Episcopos conjunctim divisim Eodem die Introductae sunt Litterae Procuratoriae Thom. Episcopi Coventr Litchf in quibus Procuratores suos constituit Nicol. Wigorn. Johannem Salisburien Richardum Meneven Episcopos conjunctim divisim Eodem die Introductae sunt Literae Procuratoriae Richardi Episcopi Gloucestr in quibus Procuratores suos constituit Nicol. Wigorn. Johan Norwicen Willielmum Exonien Episcopos Nota That I call an extraordinary Proxy when a Bishop Constitutes one Proctor or more than two and when a Temporal Lord Constitutes more than one for of ten Temporal Lords who sent Proxies this Parliament none appointed more than a single Proctor and of seven Spiritual Lords four Constituted but two Proctors apiece Note also That the Earl of Leicester had this Parliament seven Proxies sent unto him all Entred in the Original Journal-Book of the Upper House to have been returned on the said 4 th day of April viz. from William Marquess of Winchester Edward Earl of Derby Henry Lord Berkely Henry Lord Scroope George Earl of Shrewsbury Edward Lord Dudley and Ambrose Earl of Warwick Vide a like President on Tuesday the 22 th day of October An. 8 Reg. Eliz. anteá On Thursday the 5 th day of April to which day the Parliament had been doubtless continued or Adjourned Yesterday although through the Clerks negligence it be not at all mentioned in the Original Journal-Book of the Upper House Two Bills of no great moment had each of them one reading of which the second being the Bill for the punishment of Collectors Receivers c. for their fraudulent and unjust deceiving of the Queens Majesty in their Offices was read primâ vice The Bill for the reviving and continuance of certain Statutes was read the first time and commissa Vice-Comiti Mountague Episcopo London Episcopo Hereford Episcopo Elien Episcopo Wigorn. Domino Wentworth Domino Shandois Domino S t John de Bletsoe Domino Primario Justiciario Banci Regis Justiciario Welch Justic Southcot Nota That here a Bill was committed upon the first reading of which
without a Head thus do therefore it resteth that you according to your antient Order of your selves chuse some wise and discreet man who after he hath been by you chosen and presented and that presentation by the Queens Majesty allowed shall then be your Speaker and Day is given c. This Speech being thus transcribed out of the Copy I had of it as is aforesaid now follow the names of the Receivors and Tryors of Petitions out of the Original Journal-Book of the Upper House which the Clerk of the same readeth in French as soon as the Lord Keepers Speech is ended and which were as followeth Receivors of Petitions for England Ireland Wales and Scotland Sir Robert Catlin Knight Chief Justice of the Kings-Bench Sir William Cordell Knight Master of the Rolls Sir John Widdon Knight one of the Justices of the ----- Sir Richard Read K t one of the Justices of the ----- and D r Huick and they that will deliver Petitions are to deliver the same within six dayes next ensuing Receivors of Petitions for Gascoigne and other Lands beyond the Seas and the Isles Sir James Dyer Knight Chief Justice of the Common-Pleas Sir Edward Sanders Knight Lord Chief Baron Richard Weston one of the Justices of the ----- John Southcott one of the Justices of the ----- Doctor Lewis Doctor Yale and Doctor Vaughan and they that will deliver Petitions are to deliver the same within six days next ensuing Triors of Petitions for England Ireland Wales and Scotland The Archbishop of Canterbury the Earl of Oxford the Earl of Sussex the Earl of Huntington the Earl of Bedford the Bishop of London the Bishop of Winchester the Bishop of Ely the Lord Howard of Effingham Lord Chamberlain of the Queens House the Lord Windsor and the Lord North. All these or four of them calling unto them the Lord Keeper of the Great Seal and the Treasurer and the Queens Serjeants when need shall require shall hold their place in the Chamberlains Chamber Triors of Petitions for Gascoigne and other Islands beyond the Seas The Archbishop of York the Earl of Lincoln Lord Admiral of England the Earl of Leicester the Earl of Essex the Bishop of Worcester the Bishop of Lincoln the Bishop of Rochester the Lord Burleigh Principal Secretary the Lord Wentworth the Lord Buckhurst All they or four of them calling to them the Queens Serjeants Attorney and Sollicitor when need shall require shall hold their place in the Treasurer's Chamber Hodiè retornatum est breve Dom. Reginae quo Henricus Compton de Compton Chevalier praesenti Parliamento interesse summonitus est qui praesens admissus est ad suum praeheminentiae sedendi in Parliamento locum salvo cuique jure suo And two other Writs were returned in like manner by which Henry Cheyney of Toddington and Henry Lord Norris of Ricott were Summoned to be present this Parliament who were accordingly admitted to their due places saving to all others their right Nota That there is no entrance in the Original Journal-Book of the Upper House of any Continuance or Adjournment of the Parliament by the Lord Keeper which doubtless happened through the great negligence of Anthony Mason Esq at this time Clerk of the said House There were also divers Proxies returned on this present Thursday being the 8 th day of May but whether before or after the Continuance of the Parliament appeareth not in which two Spiritual Lords Constituted each of them two Proctors apiece according to the usual and frequent manner and are therefore omitted but four other Bishops nominating either three Proctors apiece or but one which is somewhat extraordinary therefore they are here inserted Die 8 o Maij introductae sunt literae Procuratoriae Hugonis Episcopi Landaven in quibus Procuratores suos constituit Nicolaum Wigorn. Richardum Meneven Nicolaum Bangoren Episcopos Eodem die introductae sunt literae Procuratoriae Jacobi Dunelmensis Episcopi in quibus Procuratorem suum constituit Edmundum Archiepiscopum Ebor. Eodem die introductae sunt literae Procuratoriae Johannis Herefordensis Episcopi in quibus Procuratores suos constituit Matthaeum Cantuariensem Archiepiscopum Edwin London Nicolaum Wigorn. Episcopos Eodem die introductae sunt literae Procuratoriae Thomae Assavensis Episcopi in quibus Procuratores suos constituit Robertum Wintonien Nicolaum Wigorn. ac Nicolaum Bangoren Episcopos Now although it be most usual for the Spiritual Lords to name two Proctors yet here four of six varied from it three of them exceeding that number and the other nominating but one It is likewise as usual for the Temporal Lords to Constitute but one Proctor and it is an Action worthy observation where they nominate more for in this very Parliament of fifteen Temporal Lords that sent Proxies but one nominated two Proctors which see afterwards on Monday the 12 th day of this instant May following and all the rest Constituted but one Proctor apiece which being trivial and ordinary are omitted Nota Also that the Earl of Leicester had this Parliament eight Proxies sent unto him viz. from George Earl of Shrewsbury Edward Earl of Darby Henry Lord Scroop Edward Lord Dudley Anthony Viscount Mountacute Gregory Lord Dacres William Lord Sands and Edward Earl of Lincoln all which seem to have been returned on Monday the 12 th day of this instant May in such order as they are here set down Nota That the Lord Burleigh also Principal Secretary to her Majesty had six Proxies sent unto him this Parliament viz. from John Marquess of Winchester Henry Lord Hunsdon Thomas Lord Buckhurst John Lord Latimer Edward Earl of Lincoln who made also the Earl of Leicester his joint Proctor with him and Robert Lord Rich. These also are set down in the Journal-Book to have been returned the 12 th day of May in such order as they are here set down but now by a late Order made in the Upper House an 2 do Caroli Regis no Lord is capable of above two Proxies Nota That in the Original Journal-Book of the Upper House it doth not appear at all whether her Majesty or any of the Lords were present on Saturday following being the tenth day of this instant May it appearing plainly that neither House sate on Friday the 9 th day of the same nor what was done thereon and therefore the Passages of the same are supplied out of the Original Journal-Book of the House of Commons On Saturday the 10 th day of May in the Afternoon her Majesty being come to the Upper House with divers of the Lords Spiritual and Temporal being there also set and the Knights Citizens Burgesses and Barons of the House of Commons having notice repaired thither with Robert Bell of the Middle-Temple London Esq their Speaker Elect who was led up unto the Rail or Bar at the lower end of the said Upper House by two of the most Eminent Personages of the Commons and presented to her Majesty whom she allowed and Confirmed
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
horâ consuetâ On Monday the 15 th day of February to which day the Parliament had been last continued on Thursday foregoing four Bills of no great moment had each of them their first reading of which the first was a Bill for returning of Justices Jurors and for expedition of Trials The Lords Ordered that Edward Fisher and Katherine his Wife should personally appear before them on Wednesday next the 17 th day of this instant February for the better satisfying of their Lordships of their consent to the passing of a Bill Entituled An Act for the assurance of certain Lands unto George Chewne Giles Flood Christopher Puckering and their Heirs Vide concerning this matter on Wednesday the 17 th day of this instant February ensuing The Lords also Ordered that the Master of the Rolls the Lord Chief Baron Justice Gawdy and Baron Shute should have the hearing of the matter of the Writ of Error between Akrode c. and M r Whawley On Tuesday the 16 th day of February Four Bills of no great moment had each of them one reading of which the first being the Bill for the continuance of a former Statute Intituled An Act to redress disorders in common Informers upon penal Laws made in the eighteenth year of the Queens Majesties Reign was read tertiâ vice communi omnium Procerum assensu conclusa Six Bills of no great moment had each of them one reading and had been brought to the Lords from the House of Commons of which the first was the Bill against Class-Houses and making of Glass by Aliens born On Wednesday the 17 th day of February Five Bills of no great moment had each of them one reading of which the last save one being the Bill concerning the Lord Dacres and the Lord Norris was read tertia vice conclusa and sent to the House of Commons by Serjeant Rodes and the Queens Attorney Then the Lord Chancellor continued the Parliament unto two of the Clock in the Afternoon At which time as the Lords had Ordered M r Edward Fisher with his Councel viz. M r Serjeant Walmesley and M r Cowper appeared before them The Lords having heard the consent of the said Edward Fisher to the passing of the Bill Intituled Au Act for the assurance of certain Lands unto George Chewne c. and their Heirs committed again the said Edward Fisher to the Custody of the Warden of the Fleet and further Ordered that the bringing of the said Edward Fisher before their Lordships at their Commandment should not in any wise be prejudicial to the said Warden The said Edward Fisher and his Councel made two Petitions to the Lords the one that the Preamble of the Act alledging the cause of the making of the same Act to be for doubtfulness of his ill dealing because he was judged in the Star-Chamber to have made two false and forged Writings to the prejudice of the said Bargains might be amended and that the same might be taken out of the Act and not to remain in perpetual memory of his shame for ever The second that Serjeant Puckering to whose behalf the said Lands were sold having him and his Lands in Execution upon a Statute of eight thousand pound for not performance of the Covenants of the same yet also enjoying the Lands sold would release him the said Execution and take a new Statute in that behalf to which the said Serjeant Puckering whom the cause chiefly concerned being present by the appointment of the Lords answered as to the first request That if to alter or take out of the said Act the said Preamble being parcell of the Bill and matter passed from the House of Commons to this Honourable House in that form should be no hurt or prejudice to the Bill so passed from the Lower House to the Lords he was well content therewith and therein submitted himself to their honourable Lordships And as to the second Request he Answered That whensoever the said Edward Fisher shall have cleared and discharged the said Lands and Tenements by him bargained and sold as aforesaid of and from all Statutes Staple and Recognizances charges and incumbrances liable or chargeable upon the same then he having a new like Recognizance in nature of a Statute Staple made unto him by the said Edward Fisher of the sum of eight thousand pound for performance of Covenants mentioned in the said Indenture of Bargain and Sale from thenceforth to be performed unto which Recognizance all the Lands and Tenements of the said Edward Fisher which shall not be sold for the payment of his Debts shall be liable and chargeable and that there were no former Statutes and Recognizances knowledged by the said Edward Fisher to the prejudice of the same he was contented then after that done to discharge the said new Execution having and takeing a new Recognizance in form aforesaid Vide concerning this matter on Monday the 15 th day of this instant February foregoing On Thursday the 18 th day of February Nine Bills of no great moment had each of them one reading of which the two first were upon the third reading concluded and sent down to the House of Commons by Serjeant Rolls and D r Carey the one being the Bill to explain the Statute concerning Tellors and Receivors c. made An. 13 Reginae Eliz. and the other being for the better relief of the Hospital of Eastbridge within the City of Canterbury Nota That the Original Journal-Book of the House of Commons sets down a third Bill assented unto and concluded at this time The last of the said Bills touching divers Assurances made by the Bishop and Dean and Chapter of Exeter was read secunda vice commissa Archiepiscopo Eboracen Comiti Sussex Episcopo Exon. Domino Stourton Domino Buckhurst On Saturday the 20 th day of February to which day the Parliament had been on Thursday last continued a Proviso added by the House of Commons to the Bill concerning certain assurances of Sir Thomas Lucy and others was read and concluded The Bill also to make a Fine levied by Peter Heam and Johan his Wife and Tredolias Leza and his Wife during the Minority of the said Johan and Anne to be void against the said Anne was read secundâ vice The Lords appointed Monday next in the Afternoon for the hearing of the Cause and have given Order that the Parties shall have warning to be then there with their Councel by two of the Clock in the Afternoon Five other Bills also of no great moment had each of them one reading of which the fourth being the Bill for the well-ordering and governing of the Savoy was read the third time and sent to the House of Commons On Monday the 22 th day of February to which day the Parliament had been last continued on Saturday foregoing Five Bills of no great moment had each of them one reading of which the first being the Bill for preservation of Grain and Game with
this time Clerk of the same On Thursday the 10 th day of December Two Bill of no great moment had each of them their first reading of which the first was the Bill for the preservation of Plymouth Haven M r Serjeant Gawdy and M r Attorney General did bring a Message from the Lords that their Lordships do pray Conference with some of this House to join with a Committee of their Lordships touching the Bill lately passed this House and sent up unto their Lordships for the better and more reverend observing of the Sabbath day Whereupon M r Treasurer M r Comptroller Mr. Vice-Chamberlain the Lord Russell Sir William Herbert Sir William Moore Mr. Edward Lewkenor Mr. Francis Hastings and Mr. George Moore were appointed by this House to attend their Lordships therein to Morrow at two of the Clock in the Afternoon in the Parliament Chamber Vide concerning this matter of the Sabbath on Wednesday the 17 th day of March following The Bill against dying with Sumach and some other Bills wholly omitted through the negligence of the Clerk and therefore seem to have been of no great moment were upon the second reading committed unto Mr. Treasurer Mr. Recorder of London Mr. Hutton Mr. Henry Nevill and others and the Bills were delivered to the said Mr. Henry Nevill who with the rest were appointed to meet upon Monday next the 14 th day of this instant December following in the Afternoon in the Middle-Temple Hall The Bill also against vicious life and idleness was upon the second reading committed unto Sir William Herbert Sir Edward Dymock and others and the Bill was delivered to the said Sir Edward Dymock who with the rest were appointed to meet to Morrow at one of the Clock in the Afternoon in the Middle-Temple Hall Mr. Recorder one of the Committees appointed on Monday the 7 th day of this instant December foregoing in the Bill for the assurance of certain Messuages Lands and Tenements late Edward Fishers unto George Chewne Esquire and others in Fee-Simple according to the true intent and meaning of certain Conveyances unto them by the said Edward Fisher made reported to the House that upon Examination by himself and the other Committees therein had and also by comparing and conferring the Contents of the preamble of the said Bill with the Conveyances of the premisses and also with the Judgment upon the forgery in the Star-Chamber and also of their Conferences had with the said Edward Fisher and Katherine his Wife as well together as a part and asunder touching the premisses and circumstances of the same they have amended the said Bill according to the said Conveyances not only in the form thereof but also in the principal matter and substance and offered both the said Bill so amended the said Evidences or Conveyances being two several Deeds indented and inrolled in the Court of Chancery and also the said Judgment in the Star-Chamber exemplified under the Great Seal of England Whereupon the Bill was presently read and the said amendments also twice read and so the Bill thereupon Ordered to be ingrossed Vide plus on Monday the 22 th day of February following On Friday the 11 th day of December Six Bills of no great moment had each of them one reading of which the Bill concerning the aforesaid business of Edward Fisher and for the assurance of certain Lands lately sold by him unto George Chewne Esquire and others in Fee-simple did pass upon the third reading Vide plus on Monday the 22 th day of February following Mr. Vice-Chamberlain in the behalf of himself and of the residue of the Committees in the great Causes shewed unto the House that they have had sundry Meetings together and endeavoured to draw two several Bills to such ends as they thought fittest and having one of the said Bills ready drawn but not the other yet for want of longer time to meet and which yet cannot now be before Monday next offered unto the said House the Bill that was ready drawn But what the Title of the Bill was or what these great matters were is wholly omitted through the Clerks negligence yet it may be probably conjectured that they were concerning the Subsidy and Religion or the Bill for the preservation of her Majesties most Royal Person De qua vide on Monday the 14 th day of December following The Bill lastly touching Grants by Corporations was upon the second reading committed unto M r Comptroller M r Recorder and others But the time and place appointed for their meeting is in the Original Journal-Book of the House of Commons through the Clerks negligence wholly omitted On Saturday the 12 th day of December Notice being given to the House of one M r Hall a Member of the same that had not attended all this Parliament it was Ordered that the Serjeant should give him warning to attend upon Monday next Vide plus in fine hujus diei Mr. Recorder of London and Mr. Sollicitor were appointed by the House to examine the Record of the return of Mr. Bevill and Mr. Darrington the two Knights chosen for the Shire of Huntington and of the circumstances thereof Nota That the Recorder of London is in this place and in all other Passages of this Journal for the most part named and ranked before the Queens Sollicitor although his place at this time be after him Mr. Bevill one of the Knights returned for the said County of Huntington declared that he was charged by a Member of this House that he had lied in his former Speech to this House touching the Declaration of the manner of chusing himself and Mr. Darrington Knights for the Shire of Huntington wherein as he taketh himself to be very much abused being a Member of this House so appealing himself to the same he prayed remedy and order to be given therein by this honourable House upon the hearing of the cause Vide plus concerning this matter on Tuesday the 8 th day of this instant December foregoing as also on Monday the 21 th day of the same Month following The Bill for the assurance of certain Messuages Lands and Tenements late Edward Fishers unto George Chewne Esquire and others in Fee-simple was sent up to the Lords by Mr. Treasurer and others Vide de ista materia on Monday the 22 th day of February following Mr. Serjeant Gawdy and Mr. Attorney General did bring from the Lords a Bill for remedy against fraudulent Conveyances with recommendation thereof from their Lordships to this House and request also for present Conference with the Committees of this House touching the Bill for the observation of the Sabbath day Of which see more on Wednesday the 17 th day of March following Sir William Knolles Mr. Fanshaw and others were appointed Committees this Afternoon to meet in the Middle-Temple Hall about the Oath for Sheriffs c. Three Bills of no great moment had each of them one reading of which the last being the Bill
with the Committee for Conference to the end that with better expedition upon report of the same Conference to be made to morrow to this House and then the Resolution thereupon to be signified unto the Lords and their favours prayed for joining further with this House the Cause may receive such speedy good course of further proceeding to end and execution as shall best appertain On Tuesday the 22 d day of November M r Treasurer and sundry others of the Committees returning from the Lords shew they have had Conference with their Lordships and that their Lordships wholly and only insisting upon the said Petition like as this House also doth do purpose this Afternoon to send two Lords to wit the Lord Admiral and the Lord Cobham to be Suiters for that House for access unto her Majesty for delivering their Lordships answer to the said Message and so moved likewise that Two of this House of the Privy Council or such other as this House shall appoint may also on the behalf of this House be Suiters unto her Majesty for like access in the same matter also And thereupon were named for that purpose M r Vice-Chamberlain and M r Secretary Wolley M r Vice-Chamberlain shewed further that the Lords did prepare against the time of their access to be obtained of her Majesty to be furnished with sufficient matter to answer unto any reasons happily to be objected unto them by her Highness at the time of their said answer to be made to her Majesty touching the said Message and not to propound any such at all but only by way of answer if it fall out that it please her Highness so to object and else not And so moved the like care by consideration to be also had by this House and the same reasons to be such also as near as may be as were not lately delivered unto her Majesty by M r Speaker for the avoiding of which iterations on the one side and readiness of preparation to her Highness objections if any happen on the other side he thinketh good that a Committee of this House were presently named for that purpose and that M r Speaker also be with them at their meeting whereby he may advertise them as occasion shall serve of such reasons as he had before inferred to her Majesty at the time of exhibiting the said Petition Whereupon it was ordered that all the former Committees in the great Cause with M r Doctor Lewen now added unto them do meet at two of the Clock this Afternoon in the Exchequer Chamber and that M r Speaker be then there also M r Vice-Chamberlain shewed that he cannot be with them at the Committee neither yet at this House before to Morrow at ten of the Clock at the soonest but of necessity must both attend her Majesties good pleasure for answer and also lodge at the Court all night On Wednesday the 23 d day of November M r Speaker shewed the travail of the Committees in their meeting yesterday and also their appointment then of further meeting again this Forenoon and of their conference at both times in which he said were brought very many and sound reasons touching the matter in consultation to very great depth by sundry there present delivered by some in speech and by some other in writing which as they were very many and hard to be all carried in memory and withal sundry of the most principal and effectual of them uttered by M r Sollicitor so had he entreated M r Sollicitor to take pains to abridge a summary note of the said most principal reasons which having been done so by him and also delivered to M r Speaker he offered the same to the House to be read Mr. Sollicitor taking the said Note into his hand shewed that his meaning was to make the said Note only for a Memorial unto Mr. Speaker for himself and not at all to be read to the House And because the said Note is not in any part so fully and plainly set down as by the reading thereof the House might so well conceive the effects of the said reasons as were requisite himself therefore would if it pleased them shew unto them the substance of the said Note as himself for his own opinion conceived of the said reasons And so holding the said Note in his hand and discoursing the several particularities contained in the said Note proveth by invincible reasons that neither by expectation of reformation in the disposition of the Scottish Lady if the Queens Majesty should spare her life nor yet by safer or stronger guarding of her Person nor by her promise upon word or Oath nor by the Hostages of other Princes her Allies nor by her Banishment nor by the revocation of the Bull of Pope Pius Quintus nor yet by the bonds or word of a Prince or of any or all the Princes her Allies nor by any other way or means whatsoever other than only by the speedy Execution to death of the said Scottish Queen the safety or continuance of the true Religion of the most Royal Person of the Queens Majesty and of the peaceable state of this Realm can in any wise be provided for and established And so concluding relied only upon the humble continuation of the Suit of this said House unto her Majesty in the said Petition Mr. Thomas Knyvet shewing that as Liberty was given to the Members of this House to deliver their conceits touching the matter presently in Consultation either in Speech or in Writing at their choices so he for his part offered the same in writing and prayeth the same may be read Mr. Vice-Chamberlain saith he thinketh Mr. Knyvet did mistake it for that such Notes in writing were appointed to have been offered in the Committee not in the House and shewed further That he and Mr. Secretary Wolley having according to the appointment of this House attended her Majesties pleasure for access for answer and that her Highness is well pleased that for the time of their access the same be to morrow next being Thursday betwixt one and two of the Clock in the Afternoon at the Court and for the number to be such and of such persons as this House shall think good the Speaker if they will and the Committees yea and as many else of the House also as please And shewed further That they thought good in duty to make her Majesty acquainted with the great care and travail of this House in their diligent and dutiful proceeding to the satisfaction of her Majesty in the matter of the Message delivered unto them from her Highness Which their exceeding great and especial care therein as her Majesty doth very well like of and take and accept in most gracious and loving part so did her Highness command him to signifie unto this whole House her Majesties most hearty thanks for the same reposing next under God her own safety to be greater in the dutiful love and obedience of so
those of the House of Commons to make present choice of some one amongst them to be their Speaker Whereupon the Knights Citizens and Burgesses of the said House departing thither did chuse George Snagg Serjeant at Law for their said Prolocutor who having modestly disabled himself was notwithstanding allowed by the House and thereupon placed by two of the most eminent Personages thereof in the Chair Concerning the former Prorogation or this latter days Passages upon the Parliament began there is not any one word in the Original Journal-Book of the House of Commons which as it seemeth happened through the great negligence of M r Fulk Onslow at this time Clerk of the said House For in the first page of the same Journal in the upper part thereof it is thus written viz. Martis 4 to Februarii Anno Reginae Eliz. 31 o 1588. and after it the whole leaf is left a blank with intention doubtless at first that the manner of the beginning of this Parliament on the said day together with the choice of the foresaid Speaker should have been inserted at large It should seem also that according to her Majesties continuance of the Parliament on the foresaid Tuesday the 4 th day of February unto two of the Clock in the Afternoon of the Thursday following being the 6 th day of the same Month the House of Commons sate not this present Wednesday being the 5 th day thereof and the rather because their Speaker was not yet presented which is gathered as the Passages also of the two former days are transcribed out of the Original Journal-Book of the Upper House that so by that means this present Journal might remain perfect On Thursday the 6 th day of February the Knights Citizens and Burgesses of the House of Commons having notice about two of the Clock in the Afternoon that her Majesty and the Lords Spiritual and Temporal were already come unto and had taken their several places in the Upper House expecting their attendance they repaired thither with George Snagg Serjeant at Law their Speaker or Prolocutor Elect and presented him unto her Majesty who notwithstanding his humble disablings and excuses of himself did by the Mouth of the Lord Chancellor signifie her allowance of him and afterwards also did in like manner Answer to his Petitions of course made in the name of the House of Commons for freedom of Access liberty of Speech and freedom from Arrests and Suits and lastly in his own name for Pardon for himself That the said House of Commons and himself should enjoy and use all such Priviledges and Freedoms as had in the like case been enjoyed by any others in the times of her Majesties most Noble Progenitors Whereupon the said Knights Citizens and Burgesses with their Speaker departed to their own House Nota That there is no mention made of the manner of the Presentment of the Speaker before mentioned in the Original Journal-Book of the House of Commons but only in the upper part of the second leaf thereof is written in one line M r Serjeant Snagg M r Speaker presented and immediately under it in another line do follow these words viz. Jovis 6 o die Februarii 1588. and after it the whole page is left a blank except a few lines in the bottom of it which contain the Bill usually read after the Knights Citizens and Burgesses of the said House of Commons return to their own House with their Speaker newly admitted upon their Presentment of him Which said blank page was doubtless left as those others before mentioned to the intent and end at the first to have inserted therein the whole form and manner of the said Presentment and Admission The foresaid Bill finally read at this time upon the return of the Speaker and the rest from the Upper House is Entred in the said Journal-Book in manner and form following viz. And then was read a Bill for reformation of deceitful practices used in reversal of Fines at the Common Law the first reading On Friday the 7 th day of February upon a Motion made unto this House which had likewise been made yesterday touching matters of the priviledge of this House it is Ordered that M r Comptroller Sir William Moor M r Lieutenant of the Tower Sir George Barnes M r Recorder of London M r Robert Wroth M r Thomas Cromwell M r Morrice M r Humfry Conisbie and M r Francis Alford and every of them shall examine such matters of priviledge as shall happen in this present Session of Parliament to come in question and to make reports thereof unto this House for the further order and resolution of this House and every of the same cases as shall appertain The Bill touching Informers and Informations upon penal Statutes was read the first time Upon report this day made by John Butler Esquire one of the Burgesses for the Borough of Malden in the County of Essex that William Vernon Gentleman also returned the other Burgess for the same is sick and not able to give his attendance in the service of this House and likewise willing and desirous that another be chosen to serve in his place It is Ordered that a Warrant from this House be made unto the Clerk of the Crown for sending forth a new Writ for chusing another Burgess in the lieu and stead of the said William Vernon Upon the like Motion also by Hugh Hare Gentleman one of the Burgesses for the Borough of Halesmeer in the County of Surrie made on the behalf of Nicholas Hare Esquire returned one of the Burgesses for the Borough of Horsham in the County of Sussex It is Ordered that a like Warrant be made for the returning of another Burgess for the said Borough of Horsham in the lieu and stead of the said Nicholas Hare This day the House was called and all those that did then sit in the House and were present at the calling of the same did thereupon severally Answer to their names and departed out of the House as they were called Amongst whom one Master Gerrard Esquire being returned into this House one of the Knights for the County of Lancaster and also for the County of Stafford made his choice to appear and stand for the said County of Stafford and thereupon it was Ordered that a Warrant of this House should be directed to the Clerk of the Crown for her Majesties Writ to chuse a new Knight for the said County of Lancaster in the lieu and stead of the said M r Gerrard On Saturday the 8 th day of February the Bill to avoid the abuses grown by forestalling Ingrossing and Regrating was read the first time Upon a motion this day made by Sir Edward Hobby touching the sundry abuses of returning the Knights and Burgesses into this House this present Session of Parliament as in some not returned at all some others returned erroneously and for some places for which none hath been returned heretofore and some returned superfluously
and touched with his said misbehaviours delivered in their Motions and Speeches that as for their own particular they could be pleased upon his consession of his said offences and his due submission thereupon to remit the same so in regard of the publick injury by him done to the whole House they referred the further consideration thereof to the same House It should seem that these speeches and misdemeanours of Thomas Drurie Gentleman were accasioned by a certain Bill which passed the House against him upon Monday the 17 th day of this instant March foregoing for the relief of Thomas Haselrigg Esquire of which matter see on Friday the 21. day of February preceeding and upon Friday the 7 th day and on Tuesday the 18 th day of this instant March last past and upon Friday the 21. day of this said Month. Which very Bill also having been this day read secunda tertia vice in the Upper House and having had also its first reading before with the Lords was by them concluded and sent down to the House of Commons and now brought to them whilest it should seem they were in agitation of these misdemeanours of the said Thomas Drurie by M r Doctor Ford and M r Doctor Stanhop with some amendments but the sending down of the said Bill is omitted in the original Journal-Book of the said House On Thursday the 20 th day of March two Bills had each of them one reading of which the second being the Bill for continuance and perfecting of divers Statutes was upon the second reading committed unto M r Morrice M r Hare M r Wroth and others and the Bill was delivered to M r Wroth who with the rest was appointed to meet in Serjeants-Inn Hall in Fleetstreet this present day at two of the Clock this Afternoon The amendments in the Bill for the relief of the City of Lincoln being twice read the Bill was upon the question ordered to be ingrossed The amendments in the Bill for the relief of George Ognell Esquire were twice read and after many arguments was deferred from the question of ingrossing till my Lord of Warwick's Council be further heard which was first apponited to have been done to Morrow at two of the Clock but upon a further Motion of M r Sutton alledging my Lord of Warwick not to be in Town is deferred till Monday next at 10. of the Clock M r Doctor Stanhop and M r Powle do bring word from the Lords that touching the Bill lately passed this House against secret Outlawries and sent up unto their Lordships they have considered thereof with some advice of the Judges and do pray that some six of this House do meet this Afternoon at two of the Clock in the Chamber of the Lord Chief Justice of the Common Pleas at Serjeants-Inn in Fleetstreet that thereupon some such good course may be taken as the same Bill may be made to become a Law And thereupon were then nominated for that purpose M r Alford M r John Hare M r Harris M r White M r Shirley M r Grafton M r Cromwell and appointed to meet at two of the Clock this Afternoon at the said Serjeants-Inn in the Chamber there of the said Lord Chief Justice of the Common Pleas. M r Vice-Chamberlain one of the Committees in the Bill against the erecting and maintenance of Cottages shewed that the Committees have met together and considered of the same Bill and in their own opinions have thought good that some things in the same Bill were very meet to be put out of the same and some other things to be put in And also a proviso fit to be added to the same and shewed how and wherein And moved further that some of this House may be sent to the Lords to pray conference which their Lordships touching the said amendments and Proviso for the passage of the said Bill Whereupon M r Vice-Chamberlain and sundry other of the former Committees were presently sent to their Lordships to move for Conference and the Bill lately expedited and passed in this House against discontinuances in Writs of Error in the Court of Exchequer and the Kings Bench was then sent up by them unto their Lordships Vide de ista materia in fine hujus diei Four Bills of no great moment had each of them one reading of which the last being the Bill against abuses in election of Scholars and Presentations to Benefices had its first reading and then read also again for the second reading of the same and was committed unto M r Treasurer M r Vice-Chamberlain M r Secretary Wolley the Master of the Wardrobe Sir Philip Butler and others and the Bill was delivered to M r Treasurer who with the rest was appointed to meet at two of the Clock this Afternoon in the Exchequer Chamber Sir Edward Hobby M r Shirley M r Francis Moor and M r Morrice for the Exchequer matter It should seem that these were appointed to consider of the Bill referred before upon Friday the 14 th day of February touching certain Exactions imposed upon the Subject by certain Officers of the Exchequer which is the more plain because Sir Edward Hobby who then preferred it and obtained the first reading thereof is here named in the first place now again to consider of it which it seems was occasioned by the stopping of this Bill and another touching Purveyors by reason of her Majesties dislike and the entring of the House again upon the treating of them after her Highness had been fully satisfied with their clear and honest intentions therein Concerning which matters see more on Saturday the 15 th day on Monday the 17 th day and on Thursday the 27 th day of February foregoing as also on Tuesday the 4 th day Thursday the 6 th day Saturday the 8 th day Monday the 17 th day and on Tuesday the 18 th day of this instant March last past M r Vice-Chamberlain and the residue returning from the Lords he shewed that they have had Conference together with a Committee of the Lords and that their Lordships after some long and effectual Arguments used by them for maintenance of all the parts of the said Bill in sort as the same Bill now is without any great cause or necessity of such amendments as this House doth require in the same Their Lordships yet nevertheless were pleased to gratifie the House in yielding to assent unto their request of the same amendments wishing withal that this House in the same their amendments would have consideration of such Cottages as might happen to be erected for the burning of Lime or making of Brick during the time only of such burning of Lime or making of Tyles and Bricks On Friday the 21 th day of March Four Bills of no great moment had each of them one reading of which the third being the Bill for the repeal of certain Statutes was read the third time and passed upon the question M r Vice-Chamberlain M r
that you receive them not until they be viewed and considered by those who it is fitter should consider of such things and can better judge of them To the persons all priviledge is granted with this Caveat That under colour of this priviledge no mans ill doings or not performing of Duties be covered and protected To the last free access is granted to her Majesties Person so that it be upon urgent and weighty Causes and at times convenient and when her Majesty may be at leisure from other important Causes of the Realm Nota That these several interlocutory Speeches of the Speaker and the Lord Keeper are not found in the Original Journal-Books of the Upper House or the House of Commons but are supplied out of a very Elaborate Journal of the Passages of the said Commons House taken by some Anonymous Member thereof this Parliament and are here inserted as was also the Lord Keepers Speech upon the first day of the same upon the reasons there alledged which see at large set down upon Monday the 19 th day of this instant February foregoing in fine diei Although the usual Custom in the Original Journal-Book of the Upper House is to place all Proxies upon what days soever returnable before the beginning of the Journal it self yet I have conceived it much more methodical to place all such returns in those days upon which they were delivered to the Clerk of the Parliament and always upon that day on which the first Return was to make some short observation of that if it be unusual and extraordinary and so to refer the view of the residue to their proper days On this instant Thursday therefore being the 22 th day of February and the second day on which the Upper House sat was returned only this one unusual Proxy 22 o Die Febr. introductae sunt Literae procuratoriae Johannis Episcopi Carliolen ' in quibus Procuratores suos constituit Johannem Archi-episcopum Cantuarien Johannem Episcopum London Matthaeum Episcopum Dunelmen ' Nota That this is one of those Proxies which I call unusual and extraordinary in respect that this Bishop of Carlisle did make or constitute three several Proctors whereas usually a Spiritual Lord nominateth but two conjunctim divisim and a Temporal Lord but one and that also of their own Order whence it is plain that these Proxies may not unfitly be stiled unusual whereby the Spiritual Lords do appoint Temporal Lords for their Proctors or but one Proctor a piece or more than two or when any Temporal Lord nominateth a Spiritual for his Proctor or constituteth more Proctors than one And therefore it is worth the observation that at this very time of nine Temporal Lords that sent their Proxies this Parliament by her Majesties Licence but one of them nominated two Proctors Which see upon Monday the first day of March ensuing all the rest constituting but one Yet the Proxies of the Spiritual Lords being six in number were all of them unusual and extraordinary which I conceive is not easily to be patterned in any other Parliaments except the first which was sent by Edmond Bishop of Norwich in which he constituted only John Bishop of London and Richard Bishop of Peterburgh his Proctors and returned on Monday the 19 th day of this instant February foregoing although it be there omitted as a thing usual and not worth the setting down at large But the other four extraordinary Proxies sent by so many several Bishops see afterwards according to their several Returns upon Saturday the 24 th day and on Tuesday the 27 th day of this instant February ensuing as also on Wednesday the 7 th day and on Wednesday the 28 th day of March next following Where also it may be noted that John Archbishop of Canterbury had this Parliament five Proxies viz. From John Bishop of Carliste John Archbishop of York Thomas Bishop of Winchester Matthew Bishop of Durham and Thomas Bishop of Chichester all which being extraordinary are at large set down in this present Journal in those several days upon which they were returned so that from this and many other Precedents of former and later Parliaments it is most plain that by the ancient Usages and Customs of the Upper House any Lord Spiritual or Temporal being a Member thereof is capable of as many single or Joint Proxies as shall be sent unto him Dominus Custos magni Sigilli ex mandato Dominae Reginae continuavit praesens Parliamentum usque in diem Sabbati prox ' futur ' On Saturday the 29 th day of February the Bill for restraining and punishing Vagrant and seditious Persons who under feigned pretences of Conscience and Religion corrupt and seduce the Queens Subjects was read primâ vice Eodem die retornatum est breve quo Richardus Wigorn ' Episcopus praesenti Parliamento interesse summonebatur idem Episcopus ad suum praeheminentiae sedendi in Parliament ' locum admissus est salvo cuiquam jure suo This day also was one extraordinary or unusual Proxie returned from a Spiritual Lord who constituted but one Proctor whereas usually no such Lord constituteth fewer than two which said Proxie is thus entred in the Original Journal-Book of this Parliament in the beginning thereof in manner and form following viz. 24. Febr. Introductae sunt Literae procuratoriae Johannis Eboracensis Archi-episcopi in quibus Procuratorem suum constituit Johannem Archi-episcopum Catuarien ' On Monday the 26 th day of February retornatum est breve quo Edwardus Dominus Cromwell praesenti Parliamento summonebatur interesse idem Dominus ad suum praeheminentiae sedendi in Parliamento locum admissus est salvo jure alieno The Writ was returned whereby Gilbert Earl of Shrewsbury was summoned c. The several Writs were also returned whereby George Bishop of Landaff William Lord Crompton and Edward Earl of Worcester were summoned It seemed by the Journal-Book that nothing else was done but the Parliament continued according to the usual form which is entred in the Original Journal-Book of the Upper House in these words following viz. Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in diem Mercurii proximè futurum On Tuesday the 27 th day of February although the Upper House sat not yet was there one unusual and extraordinary Proxie returned from a Spiritual Lord who constituted but one Proctor which said Proxie was privately delivered in unto the Clerk of the said House and is entred by him in the Original Journal-Book of the same House in manner and form following viz. 27. Februarii Introductae sunt Literae procuratoriae Thomae Wintonien ' Episcopi in quibus Procuratorem suum constituit Johannem Archi-episcopum Cantuarien ' On Wednesday the 28 th day of February to which day the Parliament had been last continued two several Writs were returned whereby John Bishop of Bath and Wells and Matthew Bishop of Durham were summoned to come to this present Parliament
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
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
Temporal Lords not because as I suppose they were all returned first but because of their Ecclesiastical dignities and in respect that the Arch-Bishop of Canterbury one of their Order is the first Peer of the Realm Whence also their names are usually first set down in the Journal-Book where the presence of all the Lords is noted each day when they sit as long as the Parliament continueth Then follow the Proxies of the Temporal Lords in such order as they are here set down Rogeri Comitis Rutland which as the rest is put in the Genitive Case in relation to those first words Literae procuratoriae in hoc Parliamento sunt allatae qui procuratorem suum constituit Carolum Comitem Nottingham magnum seneschallum hospitii Reginae magnum Admirallum Angliae Edwardi Comitis Bedford qui procuratorem suum constituit Oliverum Dominum S t John de Bletsoe Caroli Domini Mount joy qui procuratorem suum constituit Carolum Comitem Nottingham magnum seneschallum Hospitii Reginae magnum Admirallum Angliae Gulielmi Comitis Bathon ' qui procuratorem suum constituit Carolum Comitem Nottingham magnum seneschallum Hospitii Reginae magnum Admirallum Angliae Edwardi Domini Morley qui procuratorem suum constituit Carolum Comitem Nottingham magnum seneschallum Hospitii Reginae magnum Admirallum Angliae Anthonii Vicecomitis Mountague qui procuratorem suum constituit Thomam Dominum Buckhurst magnum Thesaurarium Angliae Gulielmi Domini Sandes qui procuratorem suum constituit Carolum Comitem Nottingham Edwardi Domini Stafford qui procuratorem suum constituit Carolum Comitem Nottingham Georgii Comitis Huntington qui procuratorem suum constituit Edwardum Comitem Wigorn ' Thomae Vicecomitis Bindon qui procuratorem suum constituit Carolum Comitem Nottingham Domini Lumley qui procuratorem suum constituit Thomam Dominum Darcy de Chiche Johannis Domini Darcy qui procuratorem suum constituit Gilbertum Comitem Salop. Henrici Comitis Kanciae qui procuratorem suum constituit Gilbertum Comitem Salop. Edwardi Comitis Oxon qui procuratorem suum constituit Carolum Comitem Nottingham Thomae Domini Burleigh qui procuratorem suum constituit Henricum Comitem Northumberland Nota That in respect that this present Parliament was the last of her Majesties Reign and these Proxies are entred after a different manner from most of those in the Queens time which are before set down they are all of them therefore Transcribed both ordinary and extraordinary out of the Original Journal-Book of the Upper House of which the Ordinary I call those when a Spiritual Lord constituteth two Proctors and a Temporal Lord one and those Extraordinary when a Temporal Lord constituteth more than one Proctor and a Spiritual Lord but one or more than two Nota also that the Earl of Nottingham had eight several Proxies sent unto him this Parliament by which it is plain that by the Ancient Custom and usages of the Upper House every Member thereof is capable of as many Proxies as shall be sent unto him although the said Custom be at this day altered by an Order made in the said House upon the day of in Anno 2. Regis Caroli Anno Dom. 1626. upon the ingrossing of many Letters procuratory by George Duke of Bucks that no Lords Spiritual or Temporal should be capable of above two of the said Proxies The above-mentioned Proxies being set down in manner and form as aforesaid now followeth in the next place the beginning of the Parliament it self and the manner of her Majesties coming to the same On Tuesday the 27 th day of October and the first day of this present Parliament about three of the Clock in the Afternoon the Queen went by Land to Westminster Church riding in a Chariot made all open only like a Canopy at the Top being of Cloth of Silver or Tissue with divers Lords and others in their degree being Marshalled by the Heralds where having heard a Sermon she went into the Upper House and being there set the Lords Spiritual and Temporal took their several places whose names are Transcribed out of the Original Journal of the Upper House in manner and form following Johannes Archiepiscopus Cantuarien ' Thomas Egerton Miles Dominus Custos magni Sigilli Dominus Buckhurst Dominus Thesaurarius Angliae Matchio Winton Comites Comes Sussex Magnus Mareschallus Comes Nottingham Magnus Admirallus Angliae Magnus seneschallus Hospitii Reginae Comes Northumbr Comes Salop. Comes Darbiae Comes Wigorn ' Comes Cumbriae Comes Pembrooke Comes Hertford Comes Lincoln Episcopi Episcopus London Episcopus Dunelmen Episcopus Wintonien Episcopus Roffen Episcopus Coventr ' Litchfield Episcopus Wigorn. Episcopus Bathon ' Wellen. Episcopus Meneven Episcopus Lincoln Episcopus Asaphen Episcopus Cestren Episcopus Cicestren Episcopus Exon. Episcopus Sarisburien Episcopus Elien Episcopus Petriburgen Barones Dominus Zouch Dominus Cobham Dominus Stafford Dominus Grey de Wilton Dominus Dudley Dominus Lumley Dominus Stourton Dominus Windsor Dominus Mordant Dominus Wharton Dominus Rich. Dominus Willoughby de Parham Dominus Sheffield Dominus Darcie de Chiche Dominus Chandots Dominus S t John de Bletsoe Dominus Compton Dominus Norreys Dominus Howard de Walden These names being thus inserted out of the Original Journal-Book now follow some other passages of this day with the summ of the Lord Keepers Speech out of a private Journal of the House of Commons The Knights Citizens and Burgesses of the House of Commons having notice that her Majesty with divers Lords Spiritual and Temporal and others were set in the Upper House hasted thither but before they came the door of the House was shut and notwithstanding any means that was made by them was still kept shut until the Lord Keeper had ended his Speech the substance or chief scope of which said Speech was as followeth He used perswasion of thankfulness and of obedience and also shewed her Majesties desire of dissolution of this Parliament before Christmas He shewed unto us the necessity we stand in and the means to prevent it the necessity the Wars between Spain and England the means Treasure c. His advice was that Laws in force might be revised and explained and no new Laws made Our Enemies he said were Enemies to God the Queen and the peace of this Kingdom conspired to overthrow Religion to reduce us to a Tyrannical servitude These Enemies he named to be the Bishop of Rome and the King of Spain Our state being thus he summoned us to be provident by reason we deal with a provident Enemy and confident because God hath ever and I hope will ever bless the Queen with successful fortune He shewed how apparent his providence was by the means and course he taketh for our instruction And secondly the success we had against him by Gods strong Arm of defence in Anno 1588. and divers other times since You see to what effect the Queens support of the French Kings Estate hath
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
and Dunsden might lawfully pass without their prejudice they Answered that it might so do and that they could take no exceptions at it Vide Dec. 7 th Monday postea Hodie introduction est breve Francisci Domini Norris qui praesenti Parliamento interesse summonebatur admissus est ad praeheminentiae sedendi in Parliamento locum salvo jure alieno On Monday the 23 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 tertiâ vice and sent down to the House of Commons by M r Doctor Stanhop and M r Hone. The Bill to avoid and prevent divers misdemeanors in lewd and idle persons was read secundâ vice Nota That there is no mention at all in the Original Journal-Book of the referring of this Bill unto Committees upon the second reading thereof nor yet that it was Ordered to be ingrossed By which it may seem that either the omission of it did happen by the negligence of Thomas Smith Esquire now Clerk of the Upper House who did forget to set down the referring of it to Committees if it were at all committed or else that it being not committed was engrossed of Course And it is the rather probable that this happened not by any omission of the said Clerk in respect that divers other Bills at this Parliament are set down in the Original Journal-Book of the said Upper House to have been read the second time without any further mention either of the Commitment or ingrossing as on Wednesday the 2 d day Friday the 4 th day Wednesday the 9 th day Saturday the 12 th day Monday the 14 th day and on Wednesday the 16 th day of December next ensuing The Bill for Confirmation of Grants made to the Queen and of Letters Patents made by her Highness to others was read secundâ vice and committed unto the Lord Archbishop of Canterbury and others who were appointed to meet at the great Council Chamber And the Bill was delivered to the said Lord Archbishop of Canterbury the first of the Committees The Bill for encrease and breed of Horses of service within this Realm was read secundâ vice and committed unto the Earl of Nottingham Lord Steward and others And the Bill was delivered unto him being the first of the Committees Vide November 26 th Thursday The meeting of the Committees upon the Bills concerning the suppressing of the multitude of Alehouses and for the avoiding of unnecessary delays of Executions upon Judgments in Debt who were appointed on Saturday the 14 th day of this instant November foregoing was upon a Motion of the Lord Treasurer appointed to be upon Thursday next at the little Chamber near 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 Surry that Arrested William Hogan was brought into the House to Answer for the same and by Order of the House committed to the Prison of the Fleet. Vide concerning this matter on Thursday the 12 th day Saturday the 14 th day Monday the 16 th day and on Thursday the 19 th day of this instant November foregoing as also on Thursday the 26 th day of the same Month following On Tuesday the 24 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 establishing of the remainder of certain Lands of Andrew Kettlebie was read secundâ vice and committed unto the Earl of Worcester the Lord Cobham the Lord Chandois and the Lord Howard of Walden And the Bill was delivered unto the said Lord Howard who with the rest was appointed to meet on Saturday next by two of the Clock in the Afternoon at the Chamber of Parliament Presence This day the Wife of Andrew Kettlebie made her appearance in the House in the behalf of her Husband and her Self excusing his not coming by reason of his great Age and Infirmities And withal prayed that their Councel Learned might be heard Whereupon it was Ordered that both their Councel and the Councel of Francis Kettlebie should be heard in the House upon Thursday next being the 26 th of this instant November in the Morning On Thursday the 26 th day of November to which day the Parliament had been last continued on Thursday foregoing one Bill being for the more peaceable Government of the parts of Cumberland Northumberland Westmerland and the Bishoprick of Durham was read the second time and committed But in respect that the manner of committing Bills during all this Parliament was the same and that the Judges and her Majesties Learned Councel were always appointed to attend the Lords Committees and never made Joint-Committees with them as is at large observed in the next precedent Parliament therefore the names of the said Committees are for the most part omitted It was Ordered by the House upon the humble Petition of William Hone Under-Sheriff of the County of Surrey that he should be enlarged and set at liberty out of the Prison of the Fleet whither he was lately committed for Arresting William Hogan her Majesties Servant Vide concerning this matter on Monday the 23 th day of this instant November foregoing The Councel of Andrew Kettlebie Esq and Francis Kettlebie were heard in the House And thereupon the Committees of the said Bill were appointed to meet upon Saturday next by two of the Clock in the Afternoon at the Chamber of Parliament Presence And the Lord Archbishop of Canterbury the Lord Grey and the Lord Windsor were added unto the said Committees And the Lord Chief Justice of the Common Pleas to attend with the others formerly appointed And the Bill was delivered to the Lord Howard of Walden Nota That here the Bill was delivered to the Lord Howard of Walden being the puisne Baron of the Committees and on Monday the 23 th day of this instant November foregoing two several Bills being committed the one of them was delivered to the Archbishop of Canterbury and the other to the Earl of Nottingham who were each of them the first or chief of either of the said Committees By which it is plain that as well in the Upper House 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 Vide also concerning this matter on Tuesday Dec. 8 th ensuing And so the Parliament continued until Tuesday the first day of December On which day two Bills had each of them one reading of which the second being the Bill for confirmation of all Leases made and to be made according to the true intent of the last Will and Testament of George Lord Cobham Deceased was read primâ vice Six Bills were brought up to the Lords from the House of Commons by Sir William
brought up to the Lords from the House of Commons by M r Comptroller M r Secretary Cecill Sir John Fortescue M r Secretary Herbert and others which being for reformation of deceits and frauds of certain Auditors and their Clerks in making deceitful and untrue particulars was read primâ vice Upon Complaint made to the House by the Lord Archbishop of Canterbury of great disorders committed by certain Pages and others belonging to some of their Lordships or to some of the House of Commons in offering violence to divers persons and particularly to his Lordships Bargeman but especially to one George Percivall a Servant to the Lord Bishop of Peterborough who was abused and beaten as was informed by one of Sir John Harrington's Servants named ..... It was Ordered by the Court that the Committees under-named shall call the said Percivall and ..... before them upon Monday next being the 7 th day of this instant December at the Parliament Chamber and upon Examination of the matter shall inflict such punishment on the Offender as they shall find Cause And it is likewise Ordered that the Lord Keeper shall conser with the Speaker of the House of Commons for some course to be considered of and taken for reformation of like abuses hereafter Committees to examine the abuses offered by Sir John Harrington's Servant to a Servant of the Lord Bishop of Peterborough the Earl of Lincoln the Lord Bishop of London and the Lord Zouch On Monday the 7 th day of December Two Bills had each of them one reading of which the first being the Bill for the more peaceable Government of the parts of Cumberland Northumberland Westmerland the Bishoprick of Durham was read tertiâ vice and sent down to the House of Commons by Doctor Carew and M r Doctor Stanhop The Bill to avoid double payment of Debts was brought up to the Lords from the House of Commons by M r Comptroller Sir Edward Hobbie and others Four Bills also had each of them one reading of which the third being the Bill for Confirmation as well of all Grants made to the Queens Majesty and of all Resumptions made by her Highness of the Possessions of any Arch-Bishoprick or Bishoprick as of Letters Patents made by her Majesty to others was read primâ vice The Bill for Reformation of Grants made to the Queen and by 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 Vide concerning this Bill on Thursday the 17 th day of this instant December following Memorandum That upon a Motion made this 7 th day of December to the House by the Lord Zouch that the Lady Fane by her Letters to Sir Anthony Mildmay had signified that she had not given her consent to the passing of the Bill concerning the enabling of Edward Nevill and Sir Henry Nevill his Son to dispose of certain Copy-hold Lands c. as was mentioned in the said Bill the said Sir Anthony Mildmay was called before their Lordships who produced the said Letter and the same was read in the House And thereupon it was Ordered that any further proceeding in the Bill should be respited until Wednesday next by ten of the Clock in the Forenoon at what time the Lady Fane might be heard what she could say against the same if she would then be present Vide concerning this business on Wednesday the 9 th day of this instant December ensuing This day Sir William Knolles Sir Edward Hobbie Knights with divers others of the House of Commons delivered a Message from the Knights and Burgesses of the said House desiring Conference with some of their Lordships about the Bill concerning the uniting of Eye and Dunsden to the Mannor of Sunning Upon delivery of which Message after the said Sir William Knolles and the rest had a little withdrawn themselves and then upon propounding of this Motion to the House the Lords had assented thereunto Answer was made by the Lord Keeper sitting in his place and the rest of the Lords also keeping their places unto the said Sir William Knolls c. that the Lords had yielded to the Conference and had appointed certain Committees under-named to meet with some select persons of the House of Commons for that purpose viz. the Lord Treasurer the Lord Steward the Lord Bishop of London the Lord Bishop of Winchester the Lord Zouch and the Lord Cobham appointed to meet at the Outer Chamber near the Parliament Presence to Morrow the 8 th day of this instant December by eight of the Clock in the Morning Vide concerning this matter on Monday the 16 th day and on Saturday the 21 th day of November foregoing On Tuesday the 8 th day of December Six Bills had each of them one reading of which the last being the Bill concerning Captains and Souldiers and other the Queens Services in the Wars was read secunda vice and committed to the Committees formerly appointed for the first Bill of that kind whose names see before on Thursday the 12 th day of November with addition of the Lord Windsor and the said Committees to meet about the said Bill upon the first opportunity of meeting about any other Bill and the Bill was delivered to the Earl of Nottingham Lord Steward the third of the Committees Nota That here this Bill was delivered to the Earl of Nottingham being the third of the Committees of whom the Lord Archbishop of Canterbury and the Lord Treasurer were the two first Whereas on Monday the 23 th day of November foregoing a Bill being committed upon the second reading was delivered unto the Archbishop of Canterbury the first of the Committees And on Thursday the 26 th day of the same Month upon the Commitment also of a Bill in the like manner it was delivered unto the Lord Howard of Walden being the puisne Baron or last of the Committees By which it is plain that as well in the Upper House 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 in the behalf of the Earl of Shrewsbury to be annex'd unto the Bill Intituled An Act for Confirmation 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 returned Yesterday to the House by the Committees were presently read And forasmuch as the Lords desired a speedy proceeding in this Bill they sent D r Carew and D r Stanhop to the House of Commons to move them that some meet persons of that House might join 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 near the Parliament Presence to Morrow the 9 th day
likely shortly to be Tenants by the Courtesy When he is our Neighbour of the Low-Countries what Neighbour hath Spain to whom he shall not be troublesome I will shew you further what besides this he hath done and how Eagle-eyed he is continually over us To resist the Turks attempts he hath sent Ten thousand Men To the Low-Countries nine thousand In an Enterprize of his own against the Turk he hath sent ..... which being dispatched those Souldiers shall return against the next Spring and second these four thousand men Now in the Enterprize for Ireland to resist those attempts in being and the ensuing Provisions against us let us consider the certainty of our Estate in Ireland We have there an Army and nothing but an Army fed even out of England with what charge it brings to the Queen what trouble to the Subject what danger it is to them there left if the provision should fail what hurt to the Common-Wealth by making things at a higher rate than otherwise they would be I refer it to your Wisdoms to imagine Over this I assure you it is beyond all Precedent and conjecture his presence and cause of War there is to defend the Catholick Cause I mean to tear her Majesties Subjects from her for I may say she hath no Catholick obedient Subject there because she standeth Excommunicate at this present by force of two Bulls of this Popes by which the Subjects are absolved of their obedience That you do only remember you do it pro aris focis Yea we do it for a Prince that desireth not to draw any thing extraordinary out of the Coffers of her Subjects She selleth her Land to defend us she supporteth all the Neighbouring Princes to gain their amities and establish our long Peace Not these five or seven or ten years but forty three Years for all our Prosperities I hope I shall not see her Funeral upon which may be written Hîc solùm restat victrix Orientis And I pray God I may not What we freely give unto her she living bestows it to our Good and dying doubtless will leave it for our profit Thus have I out of mine own genius for mine own part delivered unto you what I know And touching that I have spoken in performing your Commandment I will take no thanks from you for my pains for no man cares with less affection to speak in this Assembly or desireth to gratifie any particular Member of this House more than my self Mr. George Moore moved that whereas the Lord Keepers Oration was that the greatest matters should be handled in the beginning of the Parliament a Committee might be chosen to certifie the House what those matters were that Order might be taken accordingly Thus far out of the aforesaid private Journal of the House of Commons The Committees names who were appointed upon the aforesaid Motion of Mr. George Moore to consider what those weighty matters were which had likewise in part been touched in Mr. Secretary Cecills Speech immediately foregoing do now also follow out of the Original Book it self which were these All the Privy-Council being Members of this House the Knights of the Shires the Barons of the Cinque Ports the Knights and Citizens for London and York Sir Thomas Egerton Mr. Sollicitor Sir Edward Stanhop Mr. Serjeant Heile Mr. Serjeant Harris Mr. Henry Brunker Mr. Glastock Mr. Leonard Sir William Harvy Mr. Henry Hubberd Sir William Strowde the Burgesses of Totnesse Mr. Hide Mr. Winch Sir Richard Knightly Sir Richard Hampden My Lord Howard of Effingham Sir Francis Darcy Sir Robert Crosse Mr. Tyne The Citizens for Norwich Mr. Francis Bacon Sir Edward Hobbie Mr. Doctor Caesar Mr. Newdigate Mr. Philipps Mr. Robert Wingfield Mr. Maynard The Citizens for Bristoll Sir Matthew Brown Mr. Jones for Hereford Mr. Francis Moore Mr. Mountague Sir Moile Finch Mr. Edward Barker Sir John Egerton Mr. Boice Mr. Lake Mr. Cope and Mr. Richard Warberton who were appointed to meet in this House upon Saturday next at two of the Clock in the Afternoon Vide December 5. Saturday postea On Wednesday the 4 th day of November the Bill for the better keeping of the Sabbath day was upon the second reading committed unto Sir George Moore Sir William Wray and divers others who were appointed to meet this Afternoon in the Middle-Temple Hall at two of the Clock Thus far out of the Original Journal-Book of the House of Commons the rest that follows touching the Election of Sir Andrew Nowell to be one of the Knights for Rutlandshire being at the same time Sheriff of the said County being but briefly and imperfectly set down is therefore supplied out of the said private Journal of the House of Commons Mr. Serjeant Harris moved the House that in respect great danger and inconvenience might grow by the want of any one particular Member of this House Therefore he thought good to certifie the want of a Knight for Rutlandshire For he said that Sir Andrew Nowell being Sheriff of the County had returned himself jointly with Sir John Harrington to be Knight which he took in Law to be a void Return because it is against the express words of the Writ which are Ita quod neque tu neque aliquis alius Vicecomes alterius Comitatus eligatur c. which he thought good to move the House in referring it to their considerations And prayeth that the Record may be sent for from the Clerk of the Crown for saith he we know in Law that a man cannot make an Indenture to himself and the County for there are required two persons To which Sir Edward Hobbie replied that notwithstanding this the House might well receive him And he vouched a Precedent in the 31 th of this Queen when a Writ was directed to the Bayliffs of Southwark to return Burgesses and they returned themselves and were received But if we do not receive him another question will grow Whether a new Warrant must go from the Speaker to Elect a new Knight or from the Clerk of the Crown To which it was agreed per omnes that from the Speaker Then Mr. Wiseman of Lincolns-Inn stood up and shewed the necessity of having all our Members because otherwise the Body is but maimed as also how dangerous a Precedent this would be if it might pass with the Applause of this House And lastly the reason of putting in the aforesaid special words in the Writ because it must be necessarily intended that they being so great Officers having so great a charge and their presence in their Countries so requisite should not be returned Besides for that time they be the chief men of the Shire Freeholders peradventure for favour sake would rather chuse him than men far more sufficient for that place Mr. Carey moved whether if it were with his will he should be punished by Fine or otherwise Sir John Harrington said of his own knowledge he knew him to be very unwilling But the Freeholders made
thereof yet because the spirit of contradiction mav no more trouble us I beseech you let the Bill of Ordnance be read and that 's the House desire An Act against transportation of Iron Ordnance Gun-Metal and Shot was read the first time Sir Robert Wroth informed the House that a Ship is now upon the River ready to go away Laden with thirty six pieces of Ordnance Post Meridient After Dinner the House now sitting as in the Forenoon the Amendments in the Bill to confirm the Assurance of the Mannors or Farms of Sagebury alias Sadgbury to Samuel Sands Esq and John Harris Gent. and their Heirs were twice read and the Bill was Ordered to be ingrossed Sir Edward Hobbie moved that where one Bird a Servant of his hath been Arrested in London at the Suit of one Woolley his said Servant might have the Priviledge of the House Whereupon it is Ordered that the said Woolley and the Serjeant that made the Arrest be sent for by the Serjeant of this House to Answer unto this House for their said contempt The Fishmongers of London were heard with their Councel touching a Proviso to be added to a former Act made in the year of her Majesty for encrease of Mariners and maintenance of the Navigation The Proviso for the Fishmongers to be added to the Statute of continuances was twice read and committed to the Committees for continuance of Statutes to be allowed or rejected as shall be further thought sit The Bill for continuance of Statutes committed to all the Queens Learned Council being Members of this House Sir Walter Raleigh Sir Francis Hastings Sir Robert Wroth and others who were appointed to meet in the Court of Wards at two of the Clock in the Afternoon The Bill for the relief of the Poor was read the second time and committed unto M r Comptroller Sir Robert Wroth Sir Francis Darcie Mr. Francis Bacon Mr. Lieutenant of the Tower and others who were appointed to meet to Morrow in the Afternoon at two of the Clock in the Court of Wards M r Ireby made Report of the meeting of the Committees in the Bill for draining certain surrounded grounds in the County of Sussolk who were appointed on Saturday the 28 th day of November foregoing and shewed that the Committees have thought fit to draw a new Bill to that purpose and so delivereth in the old and the new Mr. Winch moved that according to the resolution of the Committee in the Bill against transportation of Iron Ordnance the House should proceed both by Bill and also by Petition unto her Majesty which being debated It was resolved that those of the Privy Council being Members of this House should move her Majesty in the name of this House in that behalf The New Bill against transportation of Gun-Metal Ordnance and Iron Shot was read the second time and committed unto all the Privy Council Members of this House Sir Walter Raleigh Sir Robert Wroth Sir Francis Darcie and others who were appointed to meet upon Saturday next in the Afternoon at two of the Clock in the Court of Wards Oliver Cromwell Esquire returned this present Parliament Knight for the County of Huntington is for his necessary occasions of business licensed by Mr. Speaker to depart On Friday the 11 th day of December the Bill comprehending and containing the maintenance of good and profitable Arts and Trades for the Commonwealth was delivered by Mr. Johnson who was desired to put the same into the House by Mr. George Brook Brother to the Lord Cobham the effect of it was that every man which had or could invent any Art or Trade should for his life monopolize the same to his own use or he that could add to or refine the same should do the like Mr. Fettiplare shewed That the Bill was unprofitable and not good for divers reasons First it was too general because it speaketh as well of Arts invented as to be invented Secondly the Bill sheweth not that they will be profitable for the Commonwealth whatsoever they be this Bill alloweth For divers Arts have been devised in London that that shall be wrought with one man which would not heretofore be done with forty This is unprofitable because it setteth not the poor and many hands on work Thirdly it will breed confusion because if but a little addition be made by another a new Licence is granted to this man And now if to that addition another shall add that will be in infinitum and so confusion Whereupon he concluded that he for his part thought fit the Bill should be quash'd and divers cried Away with it Another said I wish that the Bill might be read again and considered because we allowed of these kind of Patents once this Parliament namely in the Licence for making Tinn by Mills out of the Old Rubbish in Cornwall upon the motion of Sir Walter Raleigh And this Bill desireth no more in effect Next for the incertainty upon the consideration of the Bill by some few Committees the same might be amended Besides he that hath invented any Art or Trade it is reason he should have some priviledge because it would be an incouragement to others and Nemo naseitur Artisex No man would come to that perfection upon the first knowledge of it as being taught by the first Inventor for a season Also the proposition of the Gentleman that last spake did not hold in all Arts that it is unprofitable that the work of many should be done by one for it is profitable for the Common-wealth if Water may be brought to ever mans House for ten shillings value where it would not be done with ten pound cost as by the Water-work device in London So of Iron Mills the Low-Countries and of the Corn Mills upon the Thames So of shooting and charging of Ordnance and Fire-works and the like And generally of all Arts Trades and Sciences which cannot be done by Poor but by Persons judicious and of Skill and those that have a more natural inclination to come to perfection in these things than every base Beggar For his last proposition I say that Non est confusio in certa scientia c. M r Snigg said The Author of the Bill perhaps was a Sugarman for he hath the word Refiners of Arts c. So it was put to the question for to be read the second time And all said No. But when the Speaker said all those that will have the Bill read the second time say I Sir Richard Knightly said No aloud at whch the House laughed and not one said I I. Three Bills had each of them one reading of which the last being the Bill touching the recovering of certain surrounded grounds in the County of Norfolk was read the third time and passed upon the question M r Serjeant Harries a Committee in the Bill touching Silk-Weavers brought in the Bill with some Amendments The Amendments in the Bill touching Silk-Weavers being twice read the Bill
prayeth the reading thereof which were afterwards twice read and the said Bill and Additions upon the Question were Ordered to be ingrossed Mr. Treasurer one of the Committees in the Bill against Election of Scholars and Presentations to Benefices bringeth in the Amendments in all parts reformed according to the Assent of this House therein Yesterday referring the residue of the report thereof to be made unto this House by Mr. Morrice who shewing all the parts of the same the said Amendments and Proviso were twice read and then the same Proviso being ready ingrossed in Parchment and Examined by the Paper-Book was offered to the House for the more speedy expediting of the said Bill which with the Amendments and Proviso aforesaid were read and the said Bill in such sort being put to the question passed accordingly Four Bills were sent up to the Lords by Mr. Treasurer and others of which the two first were one for relief of the City of Lincoln and the other against Abuses in Elections of Scholars and Presentations of Benefices with the Amendments and a Proviso The Bill concerning the Almeshouse of Lamborn in the County of Berks was upon the second reading committed unto Mr. Vice-Chamberlain Mr. Alford Mr. Hill Mr. Morrice Mr. Graston Mr. Francis Moore and others who were appointed to confer presently in the Committees Chamber Four Bills of no great moment had each of them one reading of which the second being against the false packing of Hops was read the third time with the words Authority Royal inserted in the Bill twice read and these words also this Act to continue to the end of the next Session of Parliament thrice read but this Bill was upon the question dashed Mr. Doctor Carew and Mr. Poole did bring from the Lords the Bill for the better assurance of certain Lands and Tenements to the maintenance of the free Grammar School of Tunbridge in the County of Kent before passed this House and sent up to their Lordships and now passed also by their Lordships with some Amendments therein offered by them to this House The Bill against the Erecting and maintenance of Cottages in former sort amended together with the Proviso to the same Bill being all the third time read passed upon the question accordingly On Monday the 24 th day of March M r Anderson was licensed to depart about her Majesties Service Two Bills had each of them one reading of which the first being the Bill concerning Glass-Houses was brought in by M r De-la-bar one of the Committees in sort as it was delivered unto them and thereupon being twice read was after sundry Speeches and division of the House Ordered to be ingrossed viz. with the Yea one thirty five hundred and with the No forty three M r Vice-Chamberlain one of the Committees in the Bill touching Captains and Souldiers shewed that the Committees have met and conferred the Bill with the old Laws already in force and finding many imperfections both in the old Laws and also in the new Law offered by the said Bill shewed forth a Note collected of the same imperfections and also of sundry sharp and dangerous Points in both the same Laws and especially in the said later Law which was thereupon then read accordingly M r Comptroller one of the Committees in the Bill against excess of Apparel shewed likewise the meeting and travail of the Committees in the same Bill with some amendments thought fit by them to be added to the said Bill which amendments were also then read in the House and refered to be further considered of afterwards and more fully and advisedly compared with those Laws which are already in force The Bill for continuation and perfecting of divers Statutes had its third reading and after some Speeches and Motions for some Reformations and Additions was passed upon the question without any such Reformation or Addition at all Five Bills were sent up to the Lords at two several times this day the first four being of no great moment by M r Treasurer and others of which the last was the Bill for the continuance and perfecting of certain Statutes and the fifth touching the Gaging of Casks and other Foreign Vessels was sent up by M r Comptroller and others which said Bill had passed the House this very Morning a little before it was sent up M r Tasborough one of the Committees in the Bills concerning Jurors and Freeholders shewed that the Committees have met and had conference together about the same Bill and having used also therein the privity and advices of the Judges and also of some of her Majesties Learned Council have thought good to make a new Bill for that purpose and so offered the same new Bill and prayed the present reading of the same which was thereupon then read accordingly And afterwards upon a further Motion the same was read again for the second reading and Ordered upon the question to be ingrossed M r Doctor Clark and Mr. Doctor Awberry do bring word from the Lords that their Lordships do pray Conference with some of this House in the Bill concerning Captains and Souldiers and in the Bill against Excess of Apparel this present day at two of the Clock this Afternoon in the Council Chamber at the Court. Which being signified unto this House by Mr. Speaker It was Ordered thereupon that the former Committees in both the said Bills should attend their Lordships at the said time and place And the names of the Committees in both the said Bills were read by the Clerk And that Mr. Morrice one of the said Committees in the said Bill concerning Captains and Souldiers should shew unto their Lordships the great imperfections conceived by this House in the same Bill and also the reasons if their Lordships should require it and else not without any further Conference or reply unto any answer to be made by their Lordships unto the said Reasons of this House so as before to be rendred After which the aforesaid Doctors did bring from the Lords the Bill touching forcible Entries with amendments which lately passed this House and was sent up to their Lordships and thereupon the same Bill was referred over to be further considered of touching the same amendments unto Mr. Morrice Mr. Harries Mr. Atkins and others and the Bill was delivered to Mr. Harries who with the rest was appointed to meet this Afternoon at four of the Clock in the Middle-Temple Hall Thomas Shuter and Humfrey Wall returned into this House Burgesses for the Borough of Lemster in the County of Hereford are for their special and necessary businesses licensed to depart On Tuesday the 25 th day of March it was Ordered upon the question that both the Learned Councel of the Lord of Warwick and of George Ognell do attend this House to Morrow in the Morning and that the Serjeant of this House do make the said Earl of Warwick privy unto the same Mr. Treasurer reported that he and the residue appointed by
this House to attend the Lords yesterday at Court touching the Bill of Captains and Souldiers were there accordingly and shewed unto their Lordships the opinion of this House touching the same Bill and that their Lordships did make answer unto the same But what their answers were is wholly omitted through the negligence of the Clerk Mr. Doctor Carie and Mr. Powle do bring word from the Lords that their Lordships do desire present Conference with some of this House in a Bill for continuation and perfecting of certain Statutes and thereupon it was upon relation thereof made to the House by Mr Speaker ordered that the former Committees in the same Bill and divers others now added unto them be presently sent to their Lordships accordingly and withal the Bill for confirmation of two Subsidies granted by the Clergy and the Bill touching Jurors both which passed the House this Morning and the Bill touching the Free School of Tunbridge in Kent were sent up to their Lordships by Mr. Vice-Chamberlain and others with request of this House for special Commendation to be made to their Lordships for their favourable considerations of the said Bill touching the said Jurors The Bill for maintenance of Houses of Husbandry and Tillage was upon the second reading committed unto all the Privy-Council Mr. Cromwell Mr. Wroth and others to meet this Afternoon at two of the Clock in the Exchequer Chamber The Bill that the Children of Aliens shall pay Strangers Customs was read the second time and after many Speeches both ways it was committed to the former Committees to meet at the said former time and place and both the same Bills were delivered to Mr. Vice-Chamberlain On Wednesday the 26 th day of March the Bill concerning Denizens Children was read the second time the Bill also against Strangers retailing of Foreign Wares was amended by the Committee appointed on Wednesday the 12 th day of this instant March foregoing which said Amendments being brought in by them with the Bill were now twice read although it be mistaken in the Original Journal-Book that the Bill it self had its second reading Mr. Doctor Cary and Mr. Powle did bring from the Lords the Bill against privy and secret Outlawries which had its first reading Sir John Parrott shewed that her Majesty told him that she thought it requisite that provision were had for her Majesty as well as for her Subjects against the imbozelling and purloining of her Armour Weapons and other Habiliments of War and offereth a Bill to the House to that end and prayeth a present reading of the same The Bill against imbezelling of Armour Munition and other Habiliments of War was twice read and Ordered to be ingrossed and read the third time and passed upon the question and presently sent up to the Lords by Sir John Parrot and others The House was this day called and the defaults noted upon a former Motion this day made by Sir John Parrot by her Majesties Pleasure upon some intelligence given to her Highness of the small number of the Members of this House presently attending the service of the same the one half at the least supposed to be absent Mr. Vice-Chamberlain and the residue of the Committees returning from the Lords he shewed that according to the Commission of this House they prayed Conference with their Lordships touching such parts in the Bill concerning Houses of Husbandry and Tillage as this House had thought meet to be considered of and that thereupon their Lordships asked them if they then were ready for Conference Whereunto he and the residue Answered they were And thereupon the Committees of this House being sequestred their Lordships did send unto them a Committee of themselves unto whom he and the residue of the Committees of this House did impart the opinion of this House touching the said Bill together with such Amendments of the same as this House prayed their Lordships Assent and good-liking unto And that thereupon the Committees of the Lords willing the Committees of this House to stay a while for Answer went in again to the Lords and some of them shortly after returning brought from their Lordships this Answer That we of this House were possessed of the said Bill and might do therewith as should seem good unto us and that when it should come back again to them their Lordships would then likewise do therewith as they should think good On Thursday the 27 th day of March the Bill against secret Outlawries had its second and third reading and passed upon the Question The Councel learned both of the Earl of Warwick and also of George Ognell were brought into this House to the Bar and heard at large and then sequestred again and afterwards being called in again received their Answer of this House by the Mouth of Mr. Speaker Vide principium dici Martis diei 25 Martii instantis The Bill against Forestalling regrating and ingrossing had its first reading and upon another Motion was read again and upon the question Ordered to be ingrossed The Amendments and a Proviso in the Bill for maintenance of Houses of Husbandry and Tillage being thrice read and the Bill read the third time the said Bill Amendments and Proviso passed upon the question Mr. Doctor Cary and Mr. Doctor Stanhop do bring from the Lords the Bill for the relief of the City of Lincoln with some Amendments of their Lordships unto the same with further Advertisement from the Lords that their Lordships do suspend their proceeding in the Bill for continuance and perfecting of certain Statutes lately sent from this House to their Lordships until their Lordships do hear from this House of the Proceedings of this House in the Bill for maintenance of Houses of Husbandry and Tillage The Bill against privy and secret Outlawries and the Bill with Amendments and Proviso lately passed in this House are sent up to the Lords by Mr. Vice-Chamberlain and others Nota That both the sending down of the former Bill from the Lords and the sending up of this latter to their Lordships are omitted in the Original Journal-Book of the Upper House where it should seem there being no Bill read the Clerk of that House being then Anthony Mason did very negligently omit the Entrance of any thing else besides the continuance of the Parliament to a further day The Bill to avoid Horse-stealing had its third reading and passed upon the question On Friday the 28 th day of March the Amendments of the Lords in the Bill touching forcible Entries and also the Amendments of this House being all thrice read are agreed by this House upon the question to be passed accordingly The Bill against Forestalling Regrating and Ingrossing was upon the question and division of the House Ordered to be presently read for the third reading thereof viz. with the Yea fifty six and with the No thirty A Proviso to the same Bill was offered to the House and twice read and ingrossed and also once read for the