divina Abbas Monasterii beatae Mariae sanctique Botolphi de Thorney subjectionem et fidelitatem omnimodas cum orationibus assiduis et devotis ad comparend ' pro me et nomine meo in Parliamento vestro coram vestra regia celsitudine vicessimo die Mensis Januarij prox ' futur ' post datum presens apud Westm ' favente gratia Spiritûs sancti felicitor inchoand ' Nè personali comparitione in eodem penes vestram regiam celsitudinem quoties opus sucrit excusand ' precipuè pretextu adversae valetudinis nostrae caeterisque ex causis justis veris et probabilibus quod interesse non valemus prout affectamus Qua proptervestrae Regiae humilitèr celsitudini supplicamus quatenus absentiam nostram personalem in hà c parte excusatam gratiose dignetur habere vestrae Clementia Majestatis et ut vestro Mandato in quantum possumus in omnibus pareamus Reverendos in Christo Patres Sancti Albani Sti ' Edmundi de Bury Sti ' benedicti de Ranisy et Sti ' Gutlaci de Coland ' Abbates conjunctim et divisim et corum quemlibet nostros veros et Legitimos procuratores Atturnatosque fideles tenore presentium constituimus et ordinamus promittens me ratum gratum et firmum perpetuo habiturum quicquid praedicti pro me et nomine meo fecerint vel alter fecerit in premissis seu aliquo promissor ' vestrae Regiae celsitudini humilitèr supplico quatenus absentiam meam personalem hac vice ex Regia mansuetudine habere dignemini gratiose excusatam In cujus Rei testimonium Sigillum nostrum Commune present ' est appensum Dat' apud Thorney praedict ' decimo quarto die Mensis Januarij An. Regni Regis Henrici Octavi Quinto Sometimes also the said Sickness or cause of Absence is Testified by Oath as appears in the Original Journal of the Upper House A. 6. H. 8. Feb. die 12. where James Marshal servant to the Lord Scroop made Affidavit of his Lord's detention by Sickness But even Anciently if the Parliament were to be Assembled by reason of some great and extraordinary occasion And that the King declared in his Writ of Summons that he would not admit of any Proxies ista vice then none did presume to send them but upon the King's Licence first obtained as appears ex Rotulo Parliamenti A. 6. Ed. 3. die 27. Januarij A. 22. Ed. 3. die 20. Novemb. A. 6. Ric. 2. die 2. Jan. ct A. 11. Ric. 2. die 20. Martij But of later times since the 38th year of H. 8. the Lords in their very Proxies do express their absence to be by the King or Queen's Licence and oftentimes the Clerk of the Upper House doth insert the Memorial of their return with their expression of their absence by the said Licence And in making of Proxies it hath always been at the free Choice and Election of a Spiritual Lord that sent the said Proxie to constitute some other Spiritual Lord or a Temporal Lord or both and so likewise mutatis mutandis hath the liberty been of a Temporal Lord although there appears but three Presidents thereof during her Majesties Reign of which the first was in A. 5. Regin Eliz. where William Bishop of Exeter constituted for his Proctor Francis Earl of Bedford And the second in A. eodem Regin ejusdem where Thomas Archbishop of York Constituted the Earl of Bedford his joynt Proctor with Richard Bishop of Ely and Rowland Bishop of Bangor And the third and last in A. 28. 29. Regin praedict ' where Hugh Bishop of Bangor did Constitute William Lord Burleigh Lord Treasurer of England his joynt Proctor with John Archbishop of Canterbury but in former time the Presidents of this nature are more frequent For there was so little observation kept in this kind as sometimes the Lords Spiritual and Temporal did Constitute the Judges and Barons of the Exchequer being but attendants on the House for their Proctors and sometimes Strangers as the Abbot of Selby in Edward the third's time Constituted John Goldale a Monk of that house and William R. Clerk his Proctors and these also were sometimes appointed Tryers of Petitions joyntly with the Lords as appears A. 14. Ed. 3. and sometimes Committees with the Lords prout patet ex rotulo Parliam ' de A. 14. Ed. 3. N. 13. 14. 18. These Animadversions being thus premised of Proxies in general now follow some others that concern the Particular Proxies foregoing and the residue that were returned at this Session on Saturday the 4th day of February ensuing and on Wednesday the 8th day and on Saturday the 18th day of March following and on Tuesday the 4th day of April ensuing And therefore in the first place it shall not be amiss to make remembrance that in the Journal of this Parliament I have caused the entry of all Proxies whatsoever as well ordinary as extraordinary to be Transcribed because it is the first Parliament of her Majesty whereas in most of the residue I have only caused those to be inserted into my Journals which were extraordinary and unusual And whereas the word Vacat is added at the beginning of the entrance of the return of the Proxie of Thomas Tresham Prior of St. Johns of Jerusalem in England as also before that of William Lord Euers which are before amongst others set down The reason of the first I cannot possibly Guess because neither the Archbishop of York to whom the said Thomas Tresham had sent his Proxie was himself absent nor the said Prior present nor dead before the return of his said Proxie as may easily be gathered but for the other it is plain that the Lord Clinton whom the Lord Euers did Constitute for his Proctor was absent at the beginning of this Parliament and did himself send his Proxie which is entred at the beginning of the Original Journal Book of the Upper House to have been returned on Saturday the 4th day of February although the word Vacat be prefixed also before the entrance of the return of the same because he afterwards came to the Parliament himself and served in Person in the Upper House the greatest part of the continuance thereof and from these examples may be gathered the true Causes both why and when a Proxie that is returned becometh void either when the Peer or Lord that sends the Proxie dies himself or comes to the House in Person before the end of the Parliament or that the Proctor or Proctors whom he constitutes do die or be otherwise absent and send their Proxies themselves for in this latter case those Proxies are to be repealed by the Lord Chancellor as there is a President for it in the end of the Original Journal Book of the Upper House A. 33. et 34. H. 8. in the case of Nevil Lord Latimer for though the absent Lord or Lords to whom the Proxie is directed do constitute other Proctors yet they cannot execute such Proxies as are
But the next day after he and they came before the King and declared his disability to serve by reason of a sudden sickness and that the Commons had chosen Sir John Dorewood in his place beseeching his Majesty to allow thereof which the King did and Commanded Sir John Dorewood to be their Speaker And then the said Sir John Dorewood made the common Protestation for himself and the Commons but no excuse N. 63. The next excuse is in an 5 H. 4. n. 8. of Sir Arnold Savage which the King would not allow of An. 6 H. 4. n. 8. Sir William Sturing made no excuse and an 7 8 H. 4. n. 9. Sir John Tibtot desired to be excused by reason of his Youth but the King affirmed the Election and all other Speakers in H. 4. his time desired to be excused Some Speakers also under H. 5. desired to be excused and some others did not for it was not constantly observed but from the sixth year of H. 6. since which time they have all except two desired to be excused yet none were excused save only Sir John Popham Knight an 28 H. 6. whom the King discharged and thereupon the Commons chose and presented William Tresham Esq who made no excuse neither did Sir William Oldham an 29 H. 6. desire to be excused These Animadversions upon the Speakers Speech which he first makes unto her Majesty containing his excuse being thus inserted as aforesaid now follows the second Speech of the said Speaker upon his allowance by her Majesty The substance of which being not found in the Original Journal-Book of the House of Commons I have supplied according to the usual Form The said Sir Thomas Gargrave being allowed and confirmed Speaker of the House of Commons by her Majesty having tendred his humble thanks for her Highness gracious Opinion of him and added some Expressions in honour of her Majesty in the end of his Speech He came according to the usual Form to make certain Petitions in the behalf of the House of Commons and of himself in which he did first desire Liberty of access for the Members of the said House to her Majesties presence upon all urgent and necessary occasions Secondly that if in any thing he should mistake or misreport any thing which should be committed unto him to declare that his unwilling miscarriage therein might be pardoned Thirdly That they might have Liberty and Freedom of Speech in whatsoever they had occasion to propound and debate in the House And lastly that all the Members of the House with their Servants and necessary Attendants might be exempted from all manner of Arrests and Suits during the continuance of the Parliament and the usual space both before the beginning and after the ending thereof as in former times hath always been accustomed To which Speech of the said Speaker the Lord Keeper by her Majesties Commandment made a large Answer which is verbatim set down in the Journal-Book of the Upper House upon this instant Saturday the 28 th day of Jan. in which he intimated at large among other things that her Majesty did graciously allow of those Liberties and Priviledges for which the said Speaker had Petitioned so as they were discreetly and modestly used In which Speech of the Speaker's in general it may first be observed that at this day it is in the Speakers Power to deliver in his Speech what shall best please himself whereas antiently he delivered nothing but what the House gave him in Charge to speak as may be gathered by the Parliament Rolls de an 1 R. 2. an 2 R. 2. an 3 R. 2. an 6 R. 2. an 17 R. 2. in an 4 in an 10 H. 4. and in divers other Parliaments in the times of H. 5. H. 6. and Ed. 4. And for those three Priviledges before mentioned which Sir Tho. Gargrave the Speaker did in his foregoing Speech desire of her Majesty in the name and on the behalf of the House of Commons they were no other than the said House did doubtless enjoy in antient time although they were never desired by the then Speakers of the same House nor were any of them ever Petitioned by any Speaker until in the Parliament de an 28 H. 8. as may very probably be gathered by the Original Journal-Book of the Upper House de an eodem And as to the first Petition which he made in the name of the House of Commons for free access to her Majesty it is plain that the said House enjoyed it during the Reign of K. E. 3. prout patet ex Rot. Parl. de an 51 Ed. 3. n. 87. when Sir Thomas Hungerford was Speaker and in the time since under R. 2. H. 4. and their Successors the Presidents are so frequent as they need no vouching And as touching this foregoing Petition it is first Recorded in the Original Journal-Book of the Upper House to have been made de an 28 H. 8. by Richard Rich the then Speaker and in a like Journal-Book de an 31 H. 8. by Thomas Moyle the Speaker in that Parliament and the same course hath been constantly observed by all the Speakers since of whose Speeches there is any good memorial remaining And as touching the second Petition which the said Sir Thomas Gargrave made unto her Majesty in the name of the House of Commons for freedom of Speech there is no Record that it was ever Petitioned for until in the Original Journal-Book of the Upper House de an 33 H. 8. it is entred to have been made by Thomas Moyle the then Speaker yet was it never denied them before for the said Commons would never suffer any uncomely Speeches to pass of private men in their House much less of the King or any of the Lords and in Ed. 3. his time who was an absolute Prince and beloved of his People the Commons themselves did oftentimes discuss and debate many things concerning the Kings Prerogative and agreed upon Petitions for Laws to be made directly against his Prerogative as may appear by divers of the said Petitions yet they were never interrupted in their consultations nor received any check for the same as may appear by the very Answers to their Petitions The Presidents in the two succeeding Kings times are not of so good a stamp as those of Ed. 3. because R. 2. was much over-ruled in his young Years and H. 4. was an Usurper and so was compelled to seek for the love of his Subjects yet was there one passage in his Reign which proved him a most wise and just King after he had attained the Crown For in Rot. Parl. de an 2 H. 4. n. 11. the Commons Petitioned the King that he would not suffer any report to be made unto him of any matters either moved or debated amongst them until they be concluded nor give them any credit whereunto the King assented and for the freedom of Speech which the Commons enjoyed in succeeding times the Presidents are so
in some such matters as he hath favoured hath without Licence of this House spoken to the Bill and in some other Cases which he did not favour and like of he would prejudice the Speeches of the Members of this House with the Question On Friday the 17 th day of March the Bill for maintenance of Mariners and of the Navigation was read the third time The Bill against seditious words and rumors uttered against the Queens most Excellent Majesty which passed in this House yesterday was sent up to the Lords by M r Treasurer and all the residue of the Privy-Council being of this House and then present with others and also the Bill for the Borders wherein their Lordships are to be moved for the perfecting only of the sence in some parts of their Amendments that this House may proceed to their further dealing in the said Bill accordingly M r Serjeant Anderson and M r Doctor Gibbon did bring from the Lords again the Bill for the Borders amended according to the request of this House with Commendation also from her Majesty from the Lords of the Bill for the maintenance of Mariners and of the Navigation Whereupon the amendments being finished and three times read and passed upon the question the Bill was remanded unto their Lordships by M r Comptroller and others together with the Bill against deceitful stuff used in dying of Cloths wherein their Lordships are to be moved for the perfecting of some part of their Lordships Amendments sent by them to this House viz. the mistaking of a line in the Bill to the end that the same being done this House may proceed in perfecting of the said Bill accordingly in the said amendments M r Chancellor of the Exchequer M r Henry Ratclyffe Sir Thomas Sampoole M r Aldersey M r Wroth M r Cromwell Mr. Norton Mr. Alford and Mr. Grice were appointed to consider presently in the Committee Chamber of the Bill for maintenance of Mariners and of the Navigation The Bill for the Lord Zouch was read the third time M r Comptroller returning from the Lords brought word from their Lordships that they do add some amendments to the Bill against seditious words and rumors uttered against her Majesty and did pray that when their Lordships shall now forthwith send down the same Bill and amendments to this House it may then have speedy Expedition and did eftsoons recommend unto this House the Bill for maintenance of Mariners and of the Navigation Mr. Doctor Lewes and Mr. Doctor Clark did bring word from the Lords that their Lordships do pray present Conference with half a score of this House touching the Bill against seditious words and rumors uttered against her Majesty And thereupon were appointed Mr. Treasurer Mr. Comptroller Mr. Chancellor of the Exchequer Mr. Vice-Chamberlam Sir Thomas Sampoole Mr. Doctor Dale Master of the Requests Mr. Recorder of London Mr. Cromwell Mr. Cowper and Mr. Alford to confer with their Lordships accordingly Vide concerning this matter on Wednesday the first day of February foregoing M r Doctor Lewes did bring from the Lords the Bill for abolishing certain deceitful stuff used in the dying of Cloths with the reformation in their Lordships said amendments done and made according to the Request of this House to their Lordships in that behalf It is Ordered upon the Question that the Bill for the Lord Zouch be committed to be reformed by M r Treasurer M r Chancellor of the Exchequer M r Cromwell M r Wentworth M r Snagg M r Diggs M r S t Leger M r Lewkenor M r Carleton and M r Ameredith and appointed to meet in the Exchequer Chamber this Afternoon Vide de ista materia on Tuesday the 14 th of this instant March foregoing Mr. Treasurer and others coming from Conference with the Lords Mr. Treasurer declared that their Lordships have delivered unto them certain notes in writing to move unto the House touching the Bill against seditious words and rumors uttered against her Majesty which notes in writing were by Mr. Vice-Chamberlain declared that their Lordships would feel the opinion of this House whether this House could be content to leave in force unrepealed so much of the Statute of the first and second of King Philip and Queen Mary as concerneth such matter as in this said Bill is not provided for or met with as partly touching slanderous words against Noblemen and the Lords of the Clergy And further whether this House can like to have the words directly or indirectly added to the said Bill in such parts thereof as do make mention of tending to her Majesties Death It was upon the Question of these Motions to the House in these points resolved That the repeal of the said Statute of the first and second of King Philip and Queen Mary should stand in sort as it is already passed by this House in the said Bill for that her Majesty may at any time by her Commission renew or receive thereof repealed at her Highness Pleasure And also that these words or any words directly to that effect shall be put in and inserted in their Lordships said notes to be added to the said Bill in that part thereof which maketh mention of any person willing wishing or desiring her Majesties Death Vide concerning this matter on Wednesday the first day of February foregoing On Saturday the 18 th day of March the Amendments and Proviso in the Bill against certain deceitful stuff used in the dying of Cloths was read the third time and passed upon the question Mr. Cromwell one of the Committees for Examination of the returns and defaults noted upon the last calling of the House made report unto the House of the state of the same Examinations Whereupon after sundry Motions and Arguments it was resolved by the House That all such Persons as have not been duly returned into this present Parliament as in lieu and place of others absent being either sick or employed in her Majesties Services or otherwise and not dead shall be for this time holden excused of their attendance and of their sitting in this House until this present time but shall from henceforth stand and be utterly discharged and disabled of their said rooms and places in the stead of such other persons not being dead unless special Order shall be therein taken by this House to the contrary And then perusing the said returns and defaults and also the former Precedents of this House in like Cases it is adjudged and Ordered by this House That Edward Flowerdewe Esq Serjeant at Law and who the last former Session of this present Parliament did stand and appear a Burgess of Castle-Riseing in the County of Norff. and was nevertheless returned into this present Session of Parliament a Citizen for the City of Norwich in lieu and place of Thomas Beamont sick shall still stand and remain in his place for Castle-Riseing and not for the said City of Norwich And for as much also as it is
of Oxford great Chamberlain of England the Earl of Warwick the Earl of Pembroke the Bishop of Durham the Bishop of Lincoln the Bishop of Rochester the Lord Hunsdon Chamberlain to the Queen the Lord Lumley and the Lord Buckhurst Assoon as the Clerk of the Parliament had read these Names and had likewise ended other things of course belonging unto them viz. That the first Tryors of England c. or any four of them calling unto them the Lord Chancellor and the Lord Treasurer and also the Queens Serjeants should at their leisure meet together in the Chamberlains Chamber And that the last Tryors of Gascoigne c. or any four of them calling unto them the Queens Serjeants and the Queens Attorney and Sollicitor should hold their place when their leisure did serve them to meet in the Treasurers Chamber Then the Lords Lieutenants adjourned the Parliament until Monday next following This day were divers Proxies returned of which the Extraordinary ones were these that follow 29 o die Octobris introductae sunt Literae procuratoriae Marmad Episcopi Meneven in quibus Procuratores suos constituit Johannem Archiepiscopum Cantuar. Johannem Episcopum London Thomam Episcopum Wintonien Item introductae sunt Literae procuratoriae Willielmi Episcopi Cestren in quibus Procuratorem suum constituit Johannem Episcopum Cantuarien Item introductae sunt Literae procuratoriae Hugonis Episcopi Bangor in quibus Procuratores suos constituit Johannem Episcopum Cantuarien Willielmum Dominum Burleigh Thesaurarium Item introductae sunt Literae procuratoriae Johannis Episcopi Carliolen in quibus Procuratorem suum constituit Edwinum Archiepiscopum Ebor. Nota That these were all the Extraordinary or unsual Proxies that are entred in the Original Journal-Book of the Upper House to have been returned this Parliament For whereas the Spiritual Lords do for the most part constitute two Proctors and the Temporal Lords but one and those likewise of their own Order here the Bishop of S t Davids nominated three the Bishops of Chester and Carlisle but one apiece and the Bishop of Bangor did constitute the Lord Burleigh Lord Treasurer of England his Joynt Proctor with John Bishop of Canterbury which I take to be the only Precedent with two others in Anno 5 Eliz. during all the Parliaments of Queen Elizabeth's Reign where a Spiritual Lord did nominate a Temporal for his Proctor or a Temporal Lord a Spiritual although in the Reign of Queen Mary and other times more ancient it was very usual and ordinary On Monday the 31 th of October her Majesties Person was represented as it had been on the first day of this Parliament by three Commissioners viz. the Archbishop of Canterbury the Lord Burleigh Lord Treasurer of England and the Earl of Darby great Steward of England who were stiled the Lords Lieutenants These with divers other Lords both Spiritual and Temporal being fet in their Parliamentary Robes in the Upper House the Knights Citizens and Burgesses of the House of Commons had notice thereof and thereupon with John Puckering Serjeant at Law who had been Speaker also the last Parliament their now Prolocutor repaired thither and being as many as conveniently could let in the said M r Speaker was led up by two of the most eminent Personages of the House of Commons to the Rail or Bar at the lower end of the said Upper House who being there placed and having according to the usual course desired himself to be excused that so the House of Commons might make choice of some other more able Member amongst themselves it was not allowed but his former wise and discreet behaviour the last Parliament in the Execution of this very place was alledged and much commended Whereupon the said M r Speaker having made humble reverence and in very discreet and good manner submitted himself to the undertaking of the said Prolocutorship did in the end of his Speech make divers petitions of course for freedom of Speech freedom of Access to her Majesty and freedom from Arrests and Suits in the Name of the House of Commons and lastly for pardon for himself if he should unwittingly erre in the report or carriage of any thing Whereunto the Lords Commissioners by the Lord Chancellor answered That the said House of Commons and himself should enjoy and use such Priviledges as others in the times of the Queen her Noble Progenitors had accustomed to use and enjoy Nota That it doth not appear by the Original Journal-Book of the Upper House whether the Speaker were presented in the Forenoon or in the Afternoon Dominus Cancellarius continuavit praesens Parliamentum usque in diem Veneris prox horâ octavâ On Friday the 4 th day of November the Lords Spiritual and Temporal being Assembled the Lord Chancellor continued the Parliament unto the next day at eight of the Clock On Saturday the 5 th day of November the Lord Chancellor declared unto the Lords the foul and indirect dealings practised by the Queen of Scots against her Majesty and the whole Realm notwithstanding so many great benefits and favours which the said Queen of Scots had received of her Majesty the which matter by William Lord Burleigh Lord Treasurer of England as one unto whom the said Queen of Scots whole proceedings were better known by reason of his long Service done unto our most gracious Soveraign Lady since the beginning of her Reign were more fully dilated Dominus Cancellarius continuavit praesens Parliamentum usque in diem Lunae horâ octavâ On Monday the 7 th day of November while the Lords were debating the matter of the Queen of Scots the House of Commons came up and desired a Conference with some of the Lords of this House what number it should please them to appoint about the great matter of the Queen of Scots already opened unto them Whereupon the Lords chose out to the number of twenty one viz. the Archbishops of Canterbury and York the Lord Treasurer the Lord Steward the Earl of Northumberland the Earl of Kent the Earl of Rutland and the Earl of Sussex the Bishop of London the Bishop of Durham the Bishop of Winchester and the Bishop of Worcester the Lord Admiral the Lord Chamberlain the Lord Cobham the Lord Grey the Lord Lumley the Lord Shandois the Lord Buckhurst the Lord de la Ware and the Lord Norris Dominus Cancellarius continuavit praesens Parliamentum usque in diem crastinum horâ nonâ On Tuesday the 8 th day of November nothing was done but the Parliament was by the Lord Chancellor continued usque in diem crastinum horâ nonâ On Wednesday the 9 th day of November were read divers Letters as well of Anthony Babington to the Queen of Scots as of the said Queen of Scots to the said Anthony Babington Charles Paget and others The Sentence also pronounced by the Commissioners against the Queen of Scots was read A form of a Petition agreed upon by the Committees of both Houses was
Keeper having allowed and approved his Election the said Speaker having in a second Speech shortly touched her Highness happy and victorious Reign and somewhat largely proved the antientSupremacy of the Kings of England in Ecclesiastical matters did in the end of his said Speech make certain Petitions of course in the name of the House of Commons First For liberty of Speech Secondly For freedom from Arrests And thirdly For Access unto her Majesty And lastly For Pardon for himself if he should in any thing unwittingly be mistaken To which Speech the Lord Keeper having received new Instructions from her Majesty made a reply in particular to the several branches of the said Speakers Speech And to his three demands he Answered that liberty of Speech was granted in respect of the I and No but not that every one should speak what he listed And touching freedom from Arrests and Access to her Majesty he advised that they might be cautiously made use of Nota That none of these Particulars touching the Presentment of the Speaker are set down in the Original Journal-Book of the House of Commons but are abstracted out of another Journal of the same House taken by an Anonymous Member of the same during the Parliament mentioned at the beginning of this present Journal yet it appeareth plainly by the very Original Journal-Book it self Fol. 262. l. that the Prosocutor was this day presented to her Majesty where the words are as followeth viz. Jovis xxii do Febr. 92. This Day M r Speaker was presented unto her Majesty Which said words being only here a little otherwise placed for Order sake than there have a large Blank left at the end of them of somewhat above half a page with intention no doubt at the first to have inserted the whole manner of the proceeding both of this presentment and admission After the Return also of the Speaker now compleatly invested in that place with the rest of the House of Commons one Bill was read according to the usual form in that Case accustomed which is set down in the said Journal-Book in these words following viz. The Bill that a Bar at large may be pleaded in any Action of Ejectione firmae was read the first time M r Speaker immediately after the reading of this Bill and his opening of the contents of the same to this House shewed unto them from her Majesty that her Highness had Adjourned mistaken for continued the Higher House till Saturday next And also that her Majesties pleasure likewise was that this House should therefore be Adjourned till the same time which being so done accordingly this House did then rise and every man went away On Saturday the 24 th day of February the House being set and a great number of the Members of the same assembled M r Speaker not then as yet being come to the House some of the House said one to another they heard he was sick And one affirmed it to be so indeed shewing that he had been with him this Morning himself and left him sick in his Bed and his Physician and his Wife with him and some others supposing that he would shortly signify unto this House the Cause of that his absence moved that the Clerk might in the mean time proceed to saying of the Litany and Prayers Which being so done accordingly the Serjeant of this House presently after the said Prayers finished brought word from M r Speaker unto the Right Honourable Sir John Woolley Knight one of her Majesties most Honourable Privy Council and a Member of this House and then present in the same House that he had been this last Night and also was this present Forenoon so extreamly pained with a wind in his Stomach and Loosness of Body that he could not as yet without his further great peril and danger adventure into the Air at this time which otherwise most willingly he would have done And willed that the Clerk of this House might signify unto the House the said estate of his Case and in his name to desire their good favourable considerations of the same not doubting their gentle and courteous acceptance of that his so reasonable excuse as by this House hath also been in former time used in like Case towards some other his Predecessors in the place he now serveth And to shew them he trusteth in God he shall be able to attend them in this House upon the next day of sitting which will be Monday next The Effect of which Message being then signified unto this House by the said Clerk of the House all the said Members of this House being very sorry for M r Speaker his sickness rested well satisfied And so the House did rise and every man departed away Nota That this is all which is found in the Original Journal-Book of the House of Commons touching this days business and therefore that which followeth is supplied out of that Anonymous Journal mentioned at the beginning of this present Journal touching the residue of this days passages This day M r Peter Wentworth and Sir Henry Bromley delivered a Petition unto the Lord Keeper therein desiring the Lords of the Upper House to be suppliants with them of the lower House unto her Majesty for Entailing the Succession of the Crown whereof a Bill was readily drawn by them Her Majesty was highly displeased therewith after she knew therof as a matter contrary to her former strait Commandment and charged the Council to call the parties before them Sir Thomas Heneage presently sent for them and after Speeches had with them commanded them to forbear the Parliament and not to go out from their several Lodgings The day after being Sunday and the 25 th of Febr. though the House sate not yet they were called before the Lord Treasurer the Lord Buckhurst and Sir Thomas Heneage The Lords intreated them favourably and with good Speeches But so highly was her Majesty offended that they must needs commit them and so they told them Whereupon M r Peter Wentworth was sent Prisoner unto the Tower Sir Henry Bromley and one M r Richard Stevens to whom Sir Henry Bromley had imparted the matter were sent to the Fleet as also M r Welch the other Knight for Worcestershire Vide Mar. 10. About this matter in the beginning of the Parliament was appointed a Committee to be had of many grave wise and ancient Parliament men which were of the House but at this time few met at the place appointed at least not such as were expected It was appointed also at this time to M r Stevens to peruse the penning of the Petition that should have been delivered to that House and to have provided a Speech upon the delivery of it But this Office by reason of other occasions he could not attend What other things were done or spoken in that Conference were as I heard confessed to some of the Privy-Council by some of those Parties that were present at that Conference All that were there
being also three times read the said Bill with some Additions and Amendments passed upon the Question On Monday the 9 th day of April Wesselen Weblen Bear-Brewer and John Lightburn Serjeant at Mace Prisoners at the Bar are after admonition given them by M r Speaker discharged by the Order of this House of their Imprisonment paying their Fees Vide concerning this matter on Thursday the 5 th day and on Friday the 6 th day of this instant April immediately foregoing M r Chancellour of the Exchequer one of the Committees in the Bill for Explanation of a Statute made in the thirty fourth year of King Hen. 8. as well touching Grants made to his Majesty as for Confirmation of Letters Patents made by his Highness to others shewed the meeting of the Committees and that they have considered of some small amendments and shewed further that four several Provisoes were offered to them touching the said Bill one by M r Adams and one by M r ..... Tipper and one by M r Daws and so offereth both the Bill and the Amendments and the said former Provisoes also leaving all the same to the further consideration of this House Six Bills which last passed this House of which the first was the Bill for avoiding of deceit used in making and selling of twice laid Cordage and for the better preserving of the Navy of this Realm and the second for Mr. Anthony Cook were sent up to the Lords by Sir Robert Cecil and others Upon sundry arguments touching the Proviso offered by Sir Thomas Shirley to the Bill for Explanation of the Statute of 34 Hen. 8. c. it was upon the Question denied to be received and the Proviso for Mr. Stanhop was upon the Question and division of the House denied to be received with the difference of forty Persons viz. with the No one hundred twenty nine and with the Yea eighty nine Mr. Serjeant Owen and Doctor Carey do bring word from their Lordships that their Lordships do desire to know whether this House have any Bills ready to send up unto them shewing that their Lordships are now at good leisure And willed them to put this House in remembrance of the expediting of two Bills which were sent from their Lordships to this House viz. the Bill for Explanation of the Statute made in the thirty fourth year of King Hen. 8. a Bill touching Grants made to his Majesty as also for Confirmation of Letters Patents made by his Highness to others and the Bill for restraint of new Buildings c. Which Message being opened to the House Answer was made that one of the said Bills being presently in debate in the House should by and by be returned unto their Lordships The Bill for Explanation of the Statute made in the thirty fourth year of King Hen. 8 as well touching Grants made to his Majesty as for Confirmation of Letters Patents made by his Highness to others was read the third time and passed upon the Question and was presently sent up to the Lords by Mr. Vice-Chamberlain and others Mr. Fuller one of the Committees in the Bill for restraint of new Buildings and converting of great Houses into several Tenements and restraint of Inmates and Inclosures in and near the Cities of London and Westminster who had been appointed on Friday the 6 th day of this instant April foregoing shewed the meeting and Travel of the Committees and their Opinions for leaving out of one Clause in the Bill and gave the Reasons which being liked of and allowed by the House the Bill was read the third time and after many Arguments both for the Bill and against the Bill it passed upon the Question On Tuesday the 10 th day of April Sir John Hart one of the Committees in the Bill concerning Coopers appointed on Saturday the 24 th day of March foregoing brought in the Bill again as not dealt in by the Committees for lack of convenient time The Bill for restraint of new building converting of great Houses into several Tenements and for restraint of Inmates and Inclosures in and near unto the Cities of London and Westminster with one amendment to the same Bill was sent up to the Lords by M r Treasurer Sir John Wolley and others with a remembrance to move their Lordships for sending down the Bill for the Grant of three intire Subsidies and six Fifteenths and Tenths granted by the Temporalty to the end M r Speaker may this Afternoon present the same unto her Majesty according to the former accustomed usage of this House M r Serjeant Owen M r Attorney General and M r Powle do bring from the Lords an Act intituled An Act for the Queens Majesties most Gracious general and free Pardon The Bill intituled an Act for the Queens Majesties most gracious general and free Pardon was read and then passed upon the Question and was presently sent up to the Lords by Mr. Chancellor of the Exchequer and others Post Meridiem This day in the Afternoon the Queens Majesty came into the Upper House of Parliament and there sitting in her Royal Throne M r Speaker accompanied with the Knights Citizens and Burgesses of the House of Commons repaired unto the said Upper House where making an Excellent Oration unto her Highness and giving unto her Majesty most humble thanks on the behalf of this House for her Highness most gracious and favourable acceptation of their dutiful service and offering unto her Majesty in their names the Act for three intire Subsidies and six Fifteenths and Tenths her Highness gave the Royal assent to fourteen publick Bills and thirteen private Bills and so dissolved this Parliament THE JOURNAL OF THE House of LORDS An exact and perfect Journal of the House of Lords in the Parliament holden at Westminster Anno 39 Reginae Eliz. Anno Domini 1597. which began there on Monday the 24 th Day of October and then and there continued until the Dissolution thereof on Thursday the 9 th Day of February Anno 40. Reginae ejusdem THIS Journal of the House of Lords and all the rest that have since followed both the Queens Reign and in the Reigns of King James and King Charles her Successors unto this present year 1629. have been more exactly and largely taken than before For Thomas Smith Esquire now succeeding unto Anthony Mason Esquire formerly Clerk of the said House of Lords was much more careful in observing and setting down the dayly passages thereof this Parliament than the said M r Mason had been In which the said Sir Thomas Smith's successors for he was afterwards Knighted have much exceeded him also by the large and diligent digesting of the particular agitations of every day upon which the said House did sit Only the Return of the Proxies as is presently more fully declared was more distinctly entred by the abovenamed M r Anthony Mason than hath been since accustomed At this Parliament also there succeeded a new Lord Keeper For Sir John
it is in defence of the Religion of God of our most gracious Soveraign and of our natural Country of our Wives our Children our Liberties Lands Lives and whatsoever we have Wherefore not mistrusting your forwardness that I may not offend in too much enlarging of this point as a poor remembrance of her Majesty I shortly say to your Lordships quod justum est necessarium est nothing can be more just than this War nothing ought to seem more necessary than carefully to provide due maintenance for the same And to you of the House of Commons to the end you may orderly proceed and wisely consult of these weighty Causes delivered unto you her Majesties pleasure is you should according to your accustomed manner go down to the Lower House and there make choice of some grave wise and Learned man among you to be your Speaker who shall be for an understanding sufficient and for discretion fit as your Mouth to signify your minds and to make your Petitions known to her Highness and him on Thursday next to present in this place Nota that this foregoing Speech of the Lord Keeper is not found in the Original Journal-Book of the Upper House but is supplied by me out of a Copy thereof lying by me which I conceive to have been very truely transcribed out of the Original and I have always conceived it most proper to refer this and such like other Speeches if warranted by any good authority to the Journal of the said Upper House because they are delivered in it and only for Order sake to have some short Memorial thereof in the Journal of the House of Commons As soon as the Lord Keeper had ended his Speech and the Knights Citizens and Burgesses were departed down to their own House the Clerk of the Upper House read the Names of the Receivers and Triers of Petitions in French which were as followeth viz. Receivers of Petitions for England Ireland France and Scotland Sir John Popham Lord Chief Justice John Clinch one of the Justices of the Kings Bench Francis Gaudy one of the Justices of the said Bench Dr. Carew and Dr. Stanhop Receivers of Petitions for Gascoigne and other Lands and Countries beyond the Seas and the Isles Sir Edmund Anderson Knight Lord Chief Justice of the Common Pleas Sir Willam Perriam Knight Lord Chief Baron Thomas Walmesley one of the Justices of the said Common Pleas Dr. Lewen and Dr. Cousins and they who will deliver Petitions to deliver them within six days Tryers of Petitions for England Ireland Wales and Scotland The Arch-Bishop of Canterbury the Marquess of Winchester the Earl of Sussex great Marshal the Earl of Nottingham Lord Steward of the Queens Household and Lord Admiral of England the Bishop of London the Bishop of Winchester the Lord Cobham and the Lord North. All these Lords and Prelats or any four of them calling unto them the Keeper of the Great Seal and the Lord Treasurer and also the Queens Serjeants shall hold their place when their leisure serveth in the Chamberlains Chamber Tryers of Petitions for Gascoigne and other Lands and Countries beyond the Seas and the Isles The Earl of Oxford Great Chamberlain of England the Earl of Shrewsbury the Earl of Huntington the Bishop of Rochester the Bishop of Worcester the Lord Hunsdon Lord Chamberlain to the Queen the Lord Lumley and the Lord Buckhurst All these Lords and Prelats or any four of them calling unto them the Queens Serjeants and also the Queens Attorney and Sollicitor when their leisure serveth shall hold their place in the Treasurers Chamber The Lord Burgh absent being at this time Lord Deputy of Ireland The Lord De la Ware absent because he made question of his place intending to make Suit to the Parliament concerning the same Dicto 24 o die Octobris viz. Primo die hujus Parliamenti Introductum est breve quo Archiepiscopus Eboracen ' praesenti Parliamento interesse summonebatur admissas est ad suum praeheminentiae sedendi in Parliamento locum salvo jure alieno 〈◊〉 brevia introduct sunt 4. Comitibus 10. Episcopis 5. Baronibus Dominus Custos magni Sigilli ex mandato Dominae Reginae continuavit praesens Parliamentum usque in diem Jovis proximum futurum viz. 27 diem Octobris On Thursday the 27 th day of October the Queens Majesty repaired in the-Afternoon to the Upper House of Parliament accompanied with divers Lords Spiritual and Temporal who attended her Majesty this said day in the House being for the most part the same that are mentioned to have been present there on Monday the 24 th day of this instant October foregoing Of which the Knights Citizens and Burgesses of the House of Commons having notice M r Serjeant Yelverton being chosen Prolocutor or Speaker of the said House was by them brought into the Upper House and by the hands of Sir William Knolles Controller of her Majesties Houshold and Sir John Fortescue Chancellor of the Exchequer presented Who by a Speech full of Gravity and Modesty signifying the accomplishment of the Duty of the House of Commons in making an Election but excusing himself by pretence of many disabilities and imperfections and wishing earnestly he were of sufficiency to perform the Duty of that place made humble Suit to her Majesty that he might be discharged and that the said House of Commons might proceed to a new Election Which excuse was not allowed by her Majesty as the Lord Keeper delivered by Answer but the choice of the said M r Yelverton was by her Majesty very well approved and his sufficiency much commended He then proceeded in another Speech according to the manner to undertake that charge and to present to her Majesty in the behalf of the said House of Commons certain humble Petitions for access unto her Majesty in the behalf of the said House upon needful occasions and for the using and enjoying such Liberties and Priviledges as in former times had been granted and allowed by her Majesties Progenitors and her self Whereunto her Majesty making Answer by the Mouth of the Lord Keeper did yield her Gracious Assent with admonition that the said Liberties and Priviledges should be discreetly and wisely used as was meet Dominus Custos magni Sigilli ex mandato Dominae Reginae continuavit praesens Parliamentum usque in diem quintum Mensis Octobris On Saturday the 5 th day of November the Bill for the speedy satisfaction of her Majesty against Accomptants was read primâ vice Introductum est breve Thomae Domini Gray de Wilton quo praesenti Parliamento interesse summonebatur admissus est ad suum praeheminentiae sedendi in Parliamento locum salvo jure alieno The Earl of Lincoln's excuse by reason of sickness presented by the Lord Treasurer Thomas Lord de la Ware having petitioned the Queens Majesty for his Ancient and right Place of Precedence in and amongst the Peers in Parliament and her Majesty well allowing his said
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
directed unto him for a Proxie is but an Authority to give another man's assent which cannot be transferred to a third person yet doth the sending of one Proxie sufficiently excuse any absent Lord although the Peer to whom it is directed be not present himself but as soon as that absent Lord shall have notice that he or they whom he constituted for his Procurators do themselves send their Proxies also by reason of their absence then may he send another Proxie and constitute one other or more Proctors for himself and in his stead to give his voice de Novo as the Lord Vaux did in A. 18. Jacobi Regis After those Bloody and Intestine Civil Wars which had been raised in England in the year 1642. and that Robert Earl of Essex General of the Forces raised by the two Houses of Parliament against the King had by the Power of the Independent Faction over ballancing those who desired the settling of the Presbyterian Government been laid aside and Sir Thomas Fairfax Knight placed in his Room the opposition between those two Parties in either House of Parliament growing every day higher and higher the Aged Earl of Mulgrave being an Enemy to all Faction and Innovation was much troubled that William Viscount Say and Seale the chief Promoter of the Independent Novelties did make use of his Proxie for the acting and passing those particulars which were contrary to the Judgment and Conscience of him the said Earl of Mulgrave And therefore my advise being desired by some of the Members of the House of Commons for the reminding him thereof I drew the Letter and Instrument ensuing being not only the first but the sole President also of this King which yet remains upon Record in the Office of the Clerk of the House of Peers To the Right Honourable the Speaker of the House of Peers pro Tempore My very good Lord I am humbly to request of your Lordship to communicate this my present Instrument under my hand and Seal to the House of Peers that it may be publickly there Read and remain upon Record in the Office of the Clerk of the same House Kenzington April 1646. I am Your Lordships humble Servant TO all Christian People to whom these presents shall come Edmund Earl of Mulgrave Greeting Know Ye that Whereas I the said Edmund Earl of Mulgrave have formerly constituted the Right Honourable William Viscount Say and Seal c. my lawful Actor and Procurator for me and in my name to give my Voice and Suffrage upon all such emergent Occasions as the same shall be requisite by the ancient Orders and Constitutions of the House of Peers That I do now by these presents Revoke and Vacate the Proxie by which I did formerly Constitute the said William Viscount Say and Seal my lawful Actor and Procurator as is aforesaid and do hereby declare the same Proxie to be utterly Annulled Vacated and Revoked to all intents and purposes whatsoever In witness whereof I have Signed and Scaled these presents this day of April in the 22th year of the Reign of our Sovereign Lord Charles by the Grace of God of England Scotland France and Ireland King etc. An. Dom. 1646. This Instrument was written and ingrossed in Parchment as a Deed Poll is and to it in a Libel of Parchment was the Seal of the said Earl of Mulgrave affixed and it was read and allowed in the House of Peers Soon after the allowance of the aforesaid Instrument the said Earl of Mulgrave sent this ensuing Proxie to the Earl of Essex who made use of it in the House of Peers and it was there allowed of without any the least question or dispute OMnibus Christi Fidelibus ad quos hoc presens Scriptum pervener it Edmundus Comes de Mulgrave Salutem Noveritis me prefatum Edmundum Comitem de Mulgrave per Licentiam Serenissimi Domini nostri Regis a presenti hoc suo Parliamento inchoat ' et tent ' apud Westmonasterium etc. sufficientèr excusatum abesse nominare ordinare et constituere dilectum mihi in Christo et honorandum Virum Robertum Comitem Essex meum verum certum et indubitatum Factorem Actorem seu Procuratorem per presentes eidemque procuratori meo dare concedere plenam Authoritatem potestatem pro me nomine meo de super quibuscunque causis negotiis in Presenti hoc Parliamento exponendis seu declarandis tractandi tractatibusque hujusmodi inibi factis seu faciendis consilium auxilium nomine meo impendendi statutisque etiam ordination ' quae ex maturo deliberato judicio Domincrum in eodem Parliamento congregat ' inactitart seu ordinari contiger in t nomine meo consentiendi Caeteraque omnia singula quae in praemissis necessaria fuerint seu quomodolibet requisita faciendi exercendi in tam amplis modo forma ut ego ipse facere possem aut deberem si presens personalitèr interessem Ratum Gratum habiturus totum quicquid Procuratormeus statuerit aut fecerit in praemissis In 〈◊〉 rei testimonium praesentibus subscripsi Sigillumque apposui Neither will it be impertinent to set down here how many Proxies were sent to some special Peers at this Parliament it having been my usual course to make some short remembrance of them in all their Journals of Queen Eliz's Reign upon the first day that any extraordinary Proxies were returned and I have caused not only the Presidents of this kind to be inserted here at large in respect this was the first Parliament of her Majesties Reign but also because they are more full and direct than any other that ensue to prove what hath been the ancient use and Priviledge of the Peers of the Upper House in the matter of sending and receiving of Lords Procuratory At first Nicolas Archbishop of York for the See of Canterbury remained still void since the Death of Cardinal Pool was constituted the sole or joynt Proctor of David Bishop of Peterborough Cuthbert Bishop of Durham Thomas Bishop of Ely Gilbert Bishop of Bath and Wells Henry Bishop of St. Davids and of Thomas Tresham Prior of St. Johns of Jerusalem all which Proxies are entred at the beginning of the Original Journal Book of the Upper House to have been returned on Monday the 23th day of January on which this present Parliament was Summoned to have begun Francis Earl of Bedford was also Constituted the sole or joynt Proctor of 15 several Peers viz. of John Lord Mordant William Lord Paget George Lord Zouch and of Henry Lord Aburgaveny all which Proxies are entred at the beginning of the Original Journal Book of the Upper House to have been returned this present Monday the 23th day of January He was also constituted the joynt Proctor of Edward Lord Clinton Lord Admiral Thomas Lord Sands William Lord Vaux of Heredoun William Lord Gray of Wilton and Henry Earl of Cumberland all whose Proxies are entred in such
the Woolsacks and the Queen 's Learned Council on the outside of the Woolsacks next the Earls The Masters of the Chancery sate two of the same side and two on the other side next the Bishops The Clerk of the Parliament and the Clerk of the Crown sate on the lower Woolsack and had a Table before them And the Clerk of the Parliament had his Clerks under him who kneeled behind the Woolsack and wrote thereon All those Peers as appears by the Journal of the Upper House A. 8. Regin Eliz. the 2. day of Feb. being Wednesday which follows after in its due place who are before mentioned had their Mantles Hoods and Surcoats being of Crimson Velvet or of Scarlet furred with Meniver their Arms put out on the right side and the Duke of Norfolk had four Bars of Meniver The Marquess of Winchester and the Earls three And the Viscounts and the Barons two Henry Earl of Southampton and the Lord Dacres of the North were as I conceive at this time both under Age and in ward to her Majesty and if they were present as many times such were admitted upon such Solemn days as these then doubtless they did either stand besides the upper part of the rail at the higher end of the Parliament House or else were admitted to kneel at the upper end of the said House near the Chair of State for no Peer is called to sit as a Member of that great Council or to have his free voice until he have accomplished his full Age unless by the special grace of the Prince and that very rarely unless they be near upon the Age of twenty at the least The Sons and Heirs apparent of Peers that sit in the House stand on ordinary days without the upper Rail These Animadversions being thus premised touching the places and Robes of the Peers now follows the coming up of the Knights Citizens and Burgesses of the House of Commons into the Upper House which being not found in the Original Journal Book of the same I have suppli'd with some additions out of the Original Journal Book of the House of Commons A. primo Regin Eliz. and with it the Speech of Sir Nicholas Bacon Lord Keeper at large out of a Copy thereof I had by me The Knights Citizens and Burgesses of the House of Commons remained sitting in their own House till notice was brought them by ..... according to the Ancient Custom and usage that her Majesty the Lords Spiritual and Temporal and the residue were set in the Upper House expecting their repair thither whereupon they went up immediately unto the said House and being set in as many as conveniently could and standing below the Rail or Bar at the nether end of the said House Sir Nicolas Bacon Lord Keeper after he had first privately in the presence of them all conferred with her Majesty went and stood behind the Cloth of Estate on the right hand and there spake as followeth viz. MY Lords and Masters all The Queen 's most excellent Majesty our Natural and most Gracious Sovereign Lady having as you know Summoned hither her High Court of Parliament hath commanded me to open and declare the chief Causes and Considerations that moved her Highness thereunto And here my Lords I wish not without great cause there were in me ability to do it in such order and sort as is beseeming for her Majesties honour and the understanding of this presence and as the great weightiness and worthiness of the Matter doth require it to be done The remembrance whereof and the number of my imperfections to the well performing of it doth indeed plainly to speak breed in me such Fear and Dread that as from a man abashed and well nigh astonied you are to hear all that I shall say therein True it is that some Comfort and Encouragement I take through the hope I have conceived by that I have seen and heard of your gentle sufferance by others whereof I look upon equal cause equally with others to be partaker and the rather for that I am sure good will shall not want in me to do my uttermost And also because I mean to occupie as small a time as the greatness of such a cause will suffer thinking that to be the meetest Medicine to cure your tedious hearing and mine imperfect and disordered speaking Summarily to say the immediate cause of this Summons and Assembly be Consultations Advice and Contentation For although divers things that are to be done here in Parliament might by means be reformed without Parliament yet the Queen's Majesty seeking in her Consultation of importance Contentation by assent and surety by Advice and therein reposing her self not a little in your Fidelities Wisdoms and Discretions meaneth not at this time to make any Resolutions in any matter of weight before it shall be by you sufficiently and fully debated examined and considered Now the Matters and causes whereupon you are to Consult are chiefly and principally three points Of those the first is of well making of Laws for the according and uniting of these people of the Realm into an uniform order of Religion to the Honour and Glory of God the establishing of the Church and Tranquillity of the Realm The second for the Reforming and removing of all Enormities and Mischiefs that might hurt or hinder the Civil Orders and Policies of this Realm the third and last is advisedly and deeply to weigh and consider the Estate and Condition of this Realm and the Losses and Decays that have happened of late to the Imperial Crown thereof and therefore to advise the best remedies to supply and relieve the same For the first the Queen's Majesty having God before her Eyes and being neither unmindful of Precepts and Divine Councils meaneth and intendeth in this Conference first and chiesly there should be sought the advancement of God's honour and Glory as the sure and infallible foundation whereupon the Policies of every good Common-Wealth are to be erected and knit and as the straight line whereby it is wholly to be directed and governed and as the chief Pillar and Buttress wherewith it is continually to be sustained and maintained And like as the well and perfect doing of this cannot but make good success in all the rest so the remiss and loose dealing in this cannot but make the rest full of imperfections and doubtfulness which must needs bring with them continual Change and alteration things much to be eschewed in all good Governances and most of all in matters of Faith and Religion which of their natures be and ought to be most Stable Wherefore her Highness willeth and most earnestly requireth you all first and principally for the Duty you bear unto God whose cause this is and then for the Service you owe to her Majesty and your Country whose Weal it concerneth universally and for the Love you ought to bear to your selves whom it toucheth one by one particularly That in this Consultation you with
second time and Ordered to be ingrossed On Saturday the 11th day of February two Bills of no great Moment had each of them their third reading and were sent unto the House of Commons by Mr. Solicitor and Mr. Lewis of which the first was the Bill for explanation of the Statute of Seditious words and rumours Two Bills were brought up to the Lords from the House of Commons by Mr. Treasurer and others viz. The Bill of a Subsidy granted to the Queen's Majesty by the Temporalty and the Bill of a Subsidy of Tonnage and Poundage The said Mr. Treasurer being the Principal 〈◊〉 accompanied with divers other Members of the House of Commons came in the first rank of them to the Rail or Bar at the lower end of the Upper House and after three Congies made declared unto their Lordships That the Knights Citizens and Burgesses of the House of Commons had sent unto them two Bills of which he read the Titles and then Sir Nicholas Bacon Lord Keeper rising srom his seat came down to the Bar to receive them to whom the aforesaid Mr. Treasurer did in all humble manner deliver them and thereupon with the residue of his Company having made other three Congies departed On Monday the 13th of February the Bill for one Subsidy and two Fifteens and Tenths granted by the Temporalty was Read prima vice and Committed or rather reserr'd to the Queen's Attorny and Solicitor of which see a like improper Commitment on Saturday the 10th day of this Instant February foregoing in fine diei The Bill also of a Subsidy of Tonnage and Poundage was Read the second time but no mention is made that it was either referr'd to Committees or Ordered to be ingrossed and the Reason thereof was that this Bill had pass'd the House of Commons and was sent up unto the Lords on Saturday the 10th day of this instant February foregoing fairly ingrossed in Parchment and therefore can be no more ingrossed neither do the Lords ordinarily refer such Bills to Committees unless there be very great Cause in respect that each House holding Correspondency with other they do not willingly submit that to the Agitation of a private Committee which hath been allowed and approved by the Wisdom of the whole House A second reason that sometimes a Bill may neither be reserred to Committees nor Ordered to be ingrossed upon second reading although it hath not Passed the House of Commons may be because Bills of Grace viz. for the Restitution of Blood of Naturalization and such like are sent to the House from her Majesty fairly ingrossed in Parchment and Signed with her hand which for the most part do pass the House without any Stop or Question A third and last reason thereof may be when the Lords defer the Committing or ingrossing of any Bill unto some other time as sell out in the Bill touching the Commission of Sewers in A. 13. Regin Eliz. which was Read secunda vice on Fryday the 20th day of April and referred to Committees on the day following although sometimes it may be omitted likewise through the negligence of the Clerk of the Upper House The Bill lastly whereby the Queen's Majesty was restored in Blood to the Late Queen Ann her Highnesse's Mother was read tertia vice Communi omnium procerum assensu conclus Custos magni Sigilli continuavit presens Parliamentum usque in diem Mercurij prox ' hora nona On Wednesday the 15th day of February The Bill of a Subsidy and two Fifteens and Tenths granted by the Temporalty was read the second time but no mention is made that it was either referred to Committees or Ordered to be ingrossed vid. Consimil on Monday the 13th day of this instant February foregoing The Inhabitants of the Shires of Wales and County Palatine of Chester who are Charged as well with Mises as divers Subsidies now immediately due made Petition to the Lords to be respited and to have longer day for the payment thereof whereupon it was thought good by the Lords that the Queen's Majesty should be moved therein by the Lord Keeper of the Great Seal who having knowledge of her Will and Pleasure in that behalf signified the same unto the Lords according to which and for more Corroboration thereof it was in her Highnesse's name commanded that an Entry thereof should be made as followeth It is Ordered and Decreed by the Queen's Highness and assented unto by the Lords that in that year in which our Sovereign Lady the Queen's Highness shall award her Commission for the assessing and payment of any her Majesties Subsidies now due or by the Authority of this present Parliament to be due the Shires of Wales and Counties Palatine of Chester chargeable with the payment of the same and every of them shall not be charged or chargeable with the payment of the Mises now due to her Majesty nor in that year in which her Highness shall have payment of the said Mises the said Subsidies or any of them shall be paid by any the said Shires or County Palatine aforesaid Custos Magni Sigilli continuavit presens Parliamentum usque in diem Jovis prox ' bora nona On Thursday the 16th day of February the Bill of a Subsidy and two Fifteens and Tenths granted by the Temporalty being read tertia vice and by common consent concluded with certain Amendments to be inserted was delivered to Mr. Attorny and Mr. Vaughan to be carried to the House of Commons In which Bills sending down because both the manner of writing the said Amendments and the Subscription of the Lords under them do differ from all ordinary Proceedings if the Bill had Passed the Upper House without such Amendments therefore I have thought good to add the whole manner and form thereof according to a like President in the Original Journal Book of the House of Commons An. 39. 40. Regin Eliz. Decemb. 20th Tuesday although there be not mention there made in the Original Journal Book of the Upper House on this foresaid present Thursday the 16th day of February But because it is difficult to conjecture the Express manner of the Lords proceedings at this time therefore I can only apply the imitation of that President to this present occasion by probability The Lords having added certain Amendments to the Bill of Subsidy which had formerly Passed the House of Commons and been sent up from thence to their Lordships ingrossed in Parchment and so remained still the Bill of the same House did cause the said Amendments to be written in Paper and annexed them to the Bill shewing the Line and the place of the Line in the Bill where such words or Amendments should be put in and where any other former words in the Bill should be put out And then their Lordships subscribed or indorsed under the Superscription or indorsment of the House of Commons in the same Bill à Ceste Bille avecque les amendments à mesme le Bille annexe les
at all named with the Committees of the Lords in all the aforesaid Journal Books may doubtless be conceived to have happened through the Clerk's negligence For in the very next ensuing Session of Parliament in An. 5. Regin Eliz. they are seldom omitted prout on Tuesday the 26th day of January on Saturday the 30th day of the same Month as also on Saturday the 20th day of March then next following The Bill for Restitution of Robert Rudston was read secunda vice and again tertia vice conclusa The Bill also to revive a Statute made A. 23. H. 8. against the Conveyance of Horses Geldings and Mares into Scotland was read tertia vice conclusa and the Bill touching the Duke of Norfolk was read secunda vice Commiss ' ad ingrossandum Six Bills were brought up to the Lords from the House of Commons of which the first being for the restitution in blood of the Lord John Grey the second for restitution in blood of Sir J. Gates Knight and the third for restitution in blood of Sir James Croft Knight were each of them returned conclus ' the fourth was touching the changing of Gavelkind Land of the Lands of Thomas Brown and George Brown the fifth for the Incorporation of Trinity Colledge n. Cambridge and the last for assurance of Lands to the Lord Wentworth the Lord Rich and the Lord Darcy On Saturday the fourth day of March the Bill to change the nature of Gavelkind Land of the Lands of Thomas Brown and George Brown was read the first time The Bill touching Tanners and Sellers of Tanned Leather was read the first time and the Bill for Shoemakers and Curriers was read the second time and both of them Committed to the Duke of Norfolk the Earl of Shrewsbury the Bishop of London the Bishop of Carlile the Lord Rich and the Lord Willoughby Dominus Thesaurar ' continuavit presens Parliamentum usque in diem Lunae prox ' hora nona Nota That that there appeareth no Commission or other Authority in the Original Journal Book of the Upper House by which the Lord Treasurer supplied the Lord Keeper's place but most probable it is that either the Commission it self is negligently omitted by Francis Spilman Esq at this time Clerk of the said House or else that the said Lord Treasurer did continue it only upon her Majesties Verbal Authority and Command as did the Lord Treasurer in the like Case in the Session of Parliament A. 18. Regin Eliz. on Saturday the third day of March. On Munday the 6th of March the Bill for the Ratification of the Marriage between the Duke of Norfolk and the Lady Margaret now his Wife and for the assurance of certain Lands for her Joynture was read tertia vice conclusa The Bill also for the restitution in blood of Harry Howard c. younger Brother to the Duke of Norfolk was read prima vice The Bill also for the Explanation of the restitution of the Lord Cardinal Pool was committed to the Archbishop of York the Duke of Norfolk the Earl of Rutland the Bishop of Carlile the Lord Rich the Lord Willoughby and the Lord Hastings of Loughborough but no mention is made of the reading thereof which was doubtless omitted through the great Negligence of Francis Spilman Esq Clerk of the Upper House for this Bill was read prima vice on Munday the 27th of February foregoing and was Committed to the Lord Chief Justice of the King's Bench and the Queen's Attorny to consider of it as is probable and to make report thereof unto the Lords which being done this day and the Bill thereupon as may likewise be gathered read the second time it was Committed to the Lords abovenamed and on the morrow following it was read tertia vice and Passed the House and on Wednesday the 8th of this instant March following was sent down to the House of Commons by Mr. Lewes and Mr. Vaughan On Tuesday the 7th day of March the Bill for the explanation of the Repeal of the Attainder of the late Lord Cardinal Pool was read tertia vice conclusa The Bill also for the assurance of Lands to the Lord Wentworth the Lord Rich and the Lord Darcy and the Bill for the Incorporation of Trinity-Hall in Cambridge were each of them read prima vice The Bill lastly for explaining the Statute made against ingrossing of Dead Victuals and the Bill that Gerson Wroth born in Germany shall be reputed the Queen's natural born Subject were sent up to the Lords from the House of Commons On Wednesday the 8th day of March the Bill for the explanation of the Statute against ingrossing of Dead Victuals and the Bill for the true Answering of the Queen's Majesties Revenues were each of them read prima vice Four other Bills also of no great moment had each of them one reading of which one being the Bill for the changing of the nature of Gavelkind Lands of Thomas Brown and George Brown and another for the assurance of Lands to the Lord Wentworth the Lord Rich and the Lord Darcy were each of them read secunda vice but no mention made that they were either Ordered to be ingrossed or referr'd to Committees because they had been sent from the House of Commons on the day next foregoing The Bill touching the Duke of Norfolk and that concerning Cardinal Pool were sent to the House of Commons by Mr. Lewis Mr. Vaughan On Thursday the 9th of March the Bill for the assurance of certain Lands to the Lord Wentworth the Lord Rich and the Lord Darcy de Chiche was read tertia vice conclusa dissentientibus Episcopo London Meneven ' Abbat ' de Westm ' the Bill for Gerson Wroth was read tertia vice conclusa and the Bill for exchange of the nature of Gavelkind Lands of the two Browns was read also tertia vice conclusa dissentient ' Duce Norfolciae Quatuor Comitibus tribus Baronibus The Bill lastly for the true Answering of the Queen's Majesties Revenues was read secunda vice Commissa ad ingrossand On Fryday the 10th day of March the Bill for the Incorporation of Trinity-Hall in Cambridge and the Bill for the true Answering of the Queen's Majesties Revenue were each of them read tertia vice conclusa and sent down to the House of Commons The Bill lastly for the explanation of the Statute against ingrossing of Dead Victuals was read secunda vice but no mention is made that it was either referr'd to Committees or Ordered to be ingrossed because it had been sent from the House of Commons Tuesday the 7th day of this instant March foregoing v. a like Commitment on Munday 13th day of Feb. foregoing On Saturday the 11th day of March a Proviso to be annexed to the Bill of Treason was read prima secunda vice commissa ad ingrossand On Munday the 13th day of March a Proviso to be annexed to the Bill of Treasons was read tertia vice
having given it a second reading did notwithstanding that it had passed the House of Commons refer it to divers Committees there named who did it seems add divers Provisoes thereunto containing the substance of a new Bill to be annexed to the old Bill and which with it made but one Act or Statute and had its first reading on Wednesday the 15. day and its second reading on Thursday the 16. day of the same Month and on Saturday the 18. day thereof Also both the old Bill sent up from the House of Commons and the Provisoes and Amendments annexed unto it in nature of a new Bill were tertia vice lect and passed the Lords notwithstanding the malitious opposition of divers Popish Bishops although this Bill did upon the matter declare no more than the Antient Kings of this Realm had always aimed at which said new Provisoes and Amendments being in the nature of a new Bill were the same day sent down to the House of Commons with their old Bill where the said Provisoes and Alterations added by the Lords had their first reading on Monday the 20. day their second on Tuesday the 21. day and their third on Wednesday the 22. day of the aforesaid March preceding and the said old Bill touching the Supremacy with those new provisions and alterations annexed to it and now passed also by the House of Commons were the same Forenoon returned up again unto their Lordships with a new Proviso added by the said Commons thereunto which said new Proviso was then read also prima secunda tertia vice and passed in the Upper House But whether the many new Additions and Alterations in this foregoing Bill had made some confusion in it or that the House of Commons disliked that their Bill formerly passed with them had received so much reformation in the Upper House or for what other cause I know not most certain it is that they had no desire the said former Bill should be made a perpetual Law by her Majesties Royal Assent and thereupon they framed a new Bill to the like purpose in which I suppose they included also the substance of all the Additions Provisoes and Amendments which the Lords had annexed to their former Bill which had its first reading in the House of Commons as appears by the Original Journal Book of the same House fol. 207. a. on Monday the 19. day of this Instant April being thus intituled much differing from the title thereof here annexed or after added before the Printed Statute viz. The Bill to avoid the usurped power claimed by any Foreign Potentate in this Realm and for the Oath to be taken by spiritual and temporal Officers After which it had its second reading on Wednesday the 12. day and its third reading on Thursday the 13. day of the same Month where also it is entred with this new title viz. The Bill for restoring the spiritual Jurisdiction to the Imperial Crown of the Realm and abolishing Foreign Power And in the inner Margent of the said Journal Book fol. 203. a. over against the beginning of the said title is written Judicium Assent which sheweth that upon the said third reading it passed the House after which on the next day following being Friday it was with three other Bills sent up to the Lords And on Saturday the 15. day of the said April it was read prima vice in the Upper House And on Monday the 17. day thereof next ensuing it was read there secunda vice and thereupon committed to divers Peers as the former Bill in this great and important cause had been before referr'd to Committees on Monday the 13 th day of March preceding although it had been sent up from the Commons and had passed their House in such manner and form as the present Bill had been passed by them And as to that said former Bill so to this also as it is easie to be gathered did the Lords Committees make some addition although but of one new Proviso which was read prima secunda vice on Tuesday the 25 th day of this Instant April after which both the Bill it self and that new Proviso had their third reading and passed the Upper House on Wednesday the 26 th day of the same Month and the said Bill with the said new Proviso written in Parchment were at the same time sent down to the House of Commons by Serjeant Weston and the Queens Attorney where the said new Proviso added by the Lords was passed and the Bill returned again from them unto their Lordships on Friday the 28 th day of this Instant April with another new Proviso added by them although through the great negligence of ..... Scymour Esq now Clerk of the same House there be no mention at all of the sending down of the said Proviso passing it or adding of the new Proviso but only of the returning the same to the Lords Apr. 27. in the Original Journal Book of the same House To 〈◊〉 new Proviso also it should seem the 〈◊〉 gave three readings this present day and so passed it And it is probable that it happened only through the error of Francis Spilman Esq Clerk of the Upper House that the said Proviso is set down to have been read only tertia vice this Instant Saturday the 29 th day of April The Bill also limiting the times for laying on Land Merchandizes from beyond the Sea and touching the Custom of Sweet Wines and the Bill for the continuance of certain Statutes were each of them read prima vice The Bill touching Hexham and Hexhamshire in the County of Northumberland and the Bill whereby the use or practice of Inchantments Witchcrafts and Sorceries is made Felony were each of them read secunda vice Three Bills were brought up to the Lords from the House of Commons of which the first Bill set down in the Original Journal Book to have been brought up as aforesaid is thus intituled viz. An Act for Uniformity of Common-Prayer and Service in the Church and the Administration of the Sacraments conclus which doubtless was so entred through the negligence of Francis Spilman Esq at this time Clerk of the Upper House For it is plain that no such Bill was remaining at this time in the House of Commons and that only two other Bills the one to annex to the Crown certain Religious Houses c. and the other touching the Garbling of Feathers c. were sent up by Mr. Vicechamberlain as is there set down fol. 213. a. which two Bills are also set down in the Original Journal Book of the Upper House For this Bill touching the Unity of Service in the Church c. was passed in the House of Commons upon the third reading on Thursday the 20 th of this Instant April foregoing as appears by the Original Journal Book of the same fol. 210. a. and was from thence sent up to the Lords on Tuesday the 25 th day and was read prima vice
Majesties coming to the Upper House The manner of calling the Names of the Knights Citizens and Burgesses in former times did much differ from that which is used at this day as appears by the Parliament Rolls in the Tower for in an 7 R. 2. the Knights and Burgesses were called by name in presence of the King which shews they staid without till then And in an 2 H. 4. an 4 H. 4. they were called by name in the Chancery at Westminster-Hall before the Chancellor and the Steward of the Kings House And in an 13 H. 4. the said Knights and Burgesses were called at the Door of the Painted Chamber in presence of the Steward of the Kings House as the manner is Only one President differs from all the latter which is found in the Original Journal-Book of the Upper House de Anno 33 H. 8. where the Duke of Suffolk Lord Steward commanded the Clerk of the Parliament to read the Names of the Commons unto which every one answered they being all in the Upper House below the Bar and then the King came But at this day they are called by their names by the Clerk of the Crown in presence of the Lord Steward in the Court of Requests and now since the first Year of Queen Eliz. and from the fifth the Knights Citizens and Burgesses of the House of Commons as hath been before observed do take the Oath of Supremacy and since the seventh of King James they take the Oath of Allegiance also which the Lord Steward administers to some and appoints certain of them his Deputies to give the same unto the rest 7 Jac. cap. 6. These passages touching the Antient and Modern calling of the Knights Citizens and Burgesses of the House of Commons being not at all touched in the Original Journal-Book of the same House but supplied from other Authority now follows the residue of this days passages out of the foresaid Journal-Book with some Additions Upon the already named 25 th day of January her Majesty came to the Parliament Chamber commonly called the Upper House and being there set and attended by Sir Nicholas Bacon Lord Keeper and divers Lords Spiritual and Temporal in their Parliament Robes the House of Commons had notice thereof and repaired thither And being as many as conveniently could let in and silence made the Lord Keeper of the Great Seal after an Excellent Oration by him made containing the urgent causes for the Calling of this Parliament declared the Queens pleasure to be that the Commons should repair to their accustomed place and there to chuse their Speaker Whereupon the Knights Citizens and Burgesses departing to their own House did there take their several places and most remaining silent or speaking very submissively M r Treasurer of the Queens House standing up uncovered did first put the House in remembrance of the Lord Keepers late Speech and of his Declaration of her Majesties pleasure that they should chuse a Speaker and therefore in humble Obedience to her Majesties said pleasure seeing others remain silent he thought it his Duty to take that occasion to commend to their Choice Sir Thomas Gargrave Knight one of the Honourable Council in the North Parts a worthy Member of the House and Learned in the Laws of this Realm By which Commendations of his of the aforesaid worthy Member of the House to their Consideration he said he did not intend to debar any other there present from uttering their free opinions and nominating any other whom they thought to be more fitting and therefore desired them to make known their opinions who thereupon did with one consent and voice allow and approve of M r Treasurers nomination and Elected the said Sir Thomas Gargrave to be the Prolocutor or Speaker of the said House The said Sir Thomas Gargrave being thus Elected Speaker after a good pause made stood up uncovered and having in all humility disabled himself as being unfurnisht with that Experience and other qualities which were required for the undertaking and undergoing of so great a Charge did conclude with an humble Request to the House to proceed to the New Election of some other more able and worthy Member amongst them But the House still calling upon him to take his place of M r Speaker the before-mentioned M r Treasurer and M r Comptroller of her Majesties Houshold as may very well be gathered did rise from their places and going unto the said Sir Thomas Gargrave unto the place where he sate did each of them take him one by the right Arm and the other by the left and led him to the Chair at the upper end of the House of Commons and there placed him where having sate a while covered he arose and so standing bare-headed he returned his humble Thanks unto the whole House for their good opinion of him promising his best and uttermost endeavour for the faithful discharge of that weighty place to which they had Elected him And soon after M r Treasurer and M r Comptroller repaired to the Queen to know her Highnesses pleasure when M r Speaker should be presented to her Majesty for Confirmation of this Election and soon after they returned shewing her pleasure was that to be done on Saturday next at one of the Clock in the Afternoon Here it shall not be amiss to add somewhat touching the Election of the Speaker which because I find it ready penn'd to my hand in that elaborate MS. Intituled Modus tenendi Parliamentum apud Anglos Written by my kind Friend Henry Elsinge Esq Clerk of the Upper House this present Year 1630. Libr. 1. cap. 7. § 1. 2. Therefore I shall without any great alteration here add it in the next place and first touching the Antiquity of the Speaker it is most likely that he began to be when the House of Commons first sate For it may clearly be gathered ex Lib. Sancti Albani fol. 207. in Bibliotheca Cottoniana that in the Parliament de an 44 H. 3. The House of Commons had then a Speaker For there Pope Alexander labouring to have Adomar the Elect Bishop of Winchester recalled from banishment the Answer of the Parliament was as followeth viz. Si Dominus Rex Regni majores hoc vellent communitas tamen ipsius ingressum in Angliam jam nullatenus sustineret Which is Signed and Sealed by all the Lords and by Petrus de Mountefortivice communitatis which shews plainly that he was thire Speaker for the very same words did Sir John Tiptofte their Speaker Sign and Seal to the Entaile of the Crown Parl. an 7 8 H. 4. But it is true that the first Speaker who is directly named in Record was in the Parliament Rolls in the Tower de an 51 E. 3. N. 87. The last day of the Parliament saith the Records Sir Thomas Hungerford Knight Speaker declared to the Lords that he had moved the King to Pardon all such as were unjustly Convicted in the Last Parliament And that
as my self And albeit it might please Almighty God to continue me still in this mind to live out of the State of Marriage yet is it not to be feared but he will so work in my Heart and in your Wisdom as good Provision by his help may be made whereby the Realm shall not remain destitute of an Heir that may be a fit Governour and peradventure more beneficial to the Realm than such Off-spring as may come of me For though I be never so careful of your well doing and mind ever so to be yet may my Issue grow out of kind and become perhaps ungracious and in the end this shall be for me sufficient that a marble stone shall declare that a Queen having Reigned such a time lived and died a Virgin And here I end and take your coming to me in good part and give unto you all my hearty thanks more yet for your Zeal and good meaning than for your Petition And under her Majesties Answer aforesaid was subscribed in the same hand as followeth This was Copied out of a Printed Copy garnisht with gilt Letters given to the Honourable the Lady Stafford of her Majesties Privy-Chamber and written out by Alex. Evesham 1590. By which subscription the authentickness of this Copy doth sufficiently appear On Saturday the 11 th of Feb. the Letany was said by the Clerk kneeling and answered by the whole House on their Knees with divers Prayers The Bill touching Tanners Curriers and Shoemakers for Tann'd Leather And the Bill for selling of Tann'd Leather in Markets were each of them read the first time As also the Bill for the Recognition of the Queens Majesties title to the Crown was read the first time and committed The Bill also touching Liberties of Hexham and Hexamshire and the Bill for the Confirmation of divers Grants and Leases made by Bishops deprived were each of them read the first time M r Sollicitor and M r D r Lewis brought from the Lords two Bills one concerning Treasons and another for Explanation of the Statute of seditious words and rumors The Bills for Tonnage and Poundage and for the Subsidy of the Temporalty were sent up to the Lords by M r Treasurer and others not named in the Original Journal-Book of the House of Commons On Monday the 13 th day of February the Bill for Garbling of Feathers was read the first time The Bill for thicking of Caps by mens Feet and Hands And the Bill for annexing the Supremacy to the Crown were each of them read the second time both which Bills as it should seem were now dashed upon the second reading aforesaid the first of them as probably may be gathered without any great dispute but the latter being of great weight was long argued as appears plainly by the Original Journal-Book of the House of Commons before it was dashed and the new Bill framed to the same effect was read the first time on Tuesday the 21 th day the second time on the 22. day and the third time on Saturday the 25. day of this Instant February ensuing when it passed the House Vide plus concerning this matter on Tuesday the 27. day of April ensuing On Tuesday the 14. day of February the Bill to bring Artificers to dwell in Market Towns was read the first time Divers Arguments passed in the House touching the framing of a new Bill for annexing of the Supremacy to the Crown On Wednesday the 15 th day of February Committees were appointed for the drawing of a new Bill for annexing of the Supremacy to the Crown The Bill to restore the Earl of Pembrook Sir John Mason M r H. Nevill M r Fitz Williams Sir P. Foly Sir Hen. Seymour Sir Richard Sackvill Patentees by King Edw. the Sixth of the late Bishop of Winchesters Lands and the Bill for Order of Service and Ministers in the Church were each of them read the first time Upon a Request made to the Lords that thirty of this House might attend their Lordships for the Authority of his place whom it shall please the Queen to take to Husband M r Attorney declared from the Lords that twelve of their Lordships will be to morrow in the Afternoon in the Star-Chamber to meet with the thirty Members of this House The Bill for punishment of divers Treasons and the Bill for punishment of false rumors or tales were each of them read the first time On Thursday the 16. of Febr. the Bill for Common-Prayer and Administring of Sacraments was read the first time Two Bills also had each of them one reading the first being the Bill for the payment of an imposition by French Men in Somerset and Dorset to Melcombe Regis was read the second time and as it should seem committed to M r South and others not named The Bill for Recognition of the Queens Highness Title to the Crown was read the second time but no mention is made that it was either referred to Committees or Ordered to be ingrossed and the reason thereof was that this Bill had passed the Upper House and was sent down to the House of Commons on Thursday the 9. day of this instant Feb. foregoing fairly ingrossed in Parchment and therefore can be no more ingrossed neither do the Lords ordinarily refer such Bills to Committees unless there be very great cause in respect that each House holding correspondency with others they do not willingly submit that to the Agitation of a private Committee which hath been allowed and approved by the wisdom of the whole House The Bill for the deceitful using of Linnen Cloth was read the first time The Bill for the Recognition of the Queens Title to the Crown was read the second time but no mention is made that it was either Ordered to be engrossed or referr'd to Committees because it had been formerly sent from the Lords The Bill for punishment of divers Treasons was read also the second time which Bill being of great moment was as it should seem committed to M r Vice-Chamberlain erroneously written Fitz Chamberlain as may plainly be gathered and others although it had been sent down from the Lords on Saturday the 11 th day of this instant Feb. foregoing in which Case Bills usually pass of course in the House of Commons when they come ready expedited in Parchment from the Lords The Bill for restitution in Blood of the Queens Highness for the Attainder of Queen Anne her Highness Mother being brought from the Lords by M r Attorney was read the first time On Friday the 17 th day of February two Bills of no great moment had each of them one reading of which the second being the Bill to restore the First-Fruits and Tenths with a new Proviso was read the second time and as it should seem committed to M r Sackvill and others although it had been formerly sent down from the Lords On Saturday the 18 th day of February four Bills of no great moment had each of them their first
as being born in England were each of them read the third time and passed the House and were sent up to the Lords by Mr. Vice-Chamberlain On Wednesday the 8 th day of March two Bills of no great moment had each of them one reading of which the second being the Bill against Leases to be made by Spiritual persons was read the second time and Ordered to be ingrossed The Bishop of Worcester in proper person required the Copy of a Bill exhibited against his Bishoprick and a day to make Answer in writing or otherwise The Bishop of Coventry and Litchfield made the like Petition The Bishop of Winchester at this time was Richard Pate and the Bishop of Coventry and Litchfield was Ralph Banes whose stiff opposition against the Reformation of Religion perfected this Parliament as also the free Liberty they had to defend their own Causes either in person or by their Counsel do argue as in them and divers other Bishops at this time much boldness and perverseness so in her Majesty incomparable Lenity and Moderation who so impartially and patiently suffered their opposition and gave way to their Allegations that so they might be fully convicted upon indifferent hearing It was Ordered that the Bishop of Worcester shall have the Copy and make his Answer upon Saturday next and the Bishop of Coventry and Litchfield on Monday next after And it is likewise granted that the other parties shall then and there have their Counsel to hear the Bishops On Thursday the 9 th day of March four Bills of no great moment had each of them their first reading of which the first was the Bill for the Assurance of the Jointure of the Dutchess of Norfolk The Bill to assure certain Lands late of the Bishoprick of Winchester to the Queen and certain Patentees of King Edward the VI. was read the second time but no mention is made that it was either Ordered to be ingrossed or referr'd to Committees because they had been formerly sent down from the Lords On Friday the 10 th day of March the Bill touching Colledges and Chantries surrendred to King Henry VIII was read the first time The Bill for Restitution in Blood of Robert Rudston And the Bill for the Restitution in Blood of Edward Lewkenors Sons and Daughter were each of them read the second time but no mention is made that they were either Ordered to be ingrossed or referr'd to Committees because they had been formerly sent down from the Lords The Bill against destruction of Fry of Salmons Eels and other Fish And the Bill for dwelling of Cloathiers in Barford Dedding Coxal and Bocking in Essex were each of them read the first time And the Proviso devised by the Lords in the Bill of Treasons had its second reading The Bill for the Answering of the Revenues to the Queen with the Incorporation of Trinity-Hall were brought from the Lords by M r Sollicitor Rowland Lakin Burgess for Wenlock was Licensed to be absent for his business at the Assizes On Saturday the 11 th day of March the Bill to confirm Leases and Grants made by D r Ridley late Bishop of London was read the second time and Ordered to be ingrossed The Bishop of Worcester with his Counsel declared that Hooper was not lawful Bishop by reason of the Appeal of Bishop Heath And so the Grant not good and prayed the House to consider of it Vide concerning this matter on Wednesday the 8. day of this instant March foregoing On Monday the 13 th day of March three Bills of no great moment had each of them one reading of which the last being the Bill for the punishment of seditious words and rumours was read the second time but no mention is made that it was either Ordered to be ingrossed or referr'd to Committees because it had been formerly sent from the Lords The Bishop of London in proper person required a Copy of a Bill put in for Confirmation of Leases granted by Doctor Ridley Usurper of the Bishoprick as he saith which Copy was granted unto him with addition that the House doth intend to take his Title in the Bishoprick as it is And to make his Answer by words on Wednesday next peremptory at nine of the Clock The Bishop of London at this time was Edmund Bonner whose stiff opposition against the Reformation of Religion perfected this Parliament as also the free Liberty he had here to defend his own Cause either in Person or by his Counsel doth argue as in him and divers others Popish Bishops at this time much boldness and perverseness so in her Majesty incomparable lenity and moderation who so impartially and patiently suffered their oppositions and gave way to their Allegations that so they might be fully convicted upon indifferent hearing The Bishop of Coventry and Lichfield with his Counsel declared that for the Fine Levied M r Fisher hath no cause to complain To the which M r Fisher's Counsel alledged that the Fine was made by compulsion Vide concerning this matter on Wednesday the 8 th day of this instant March foregoing Thomas Church one of the Citizens for Hereford for his Affairs was Licensed to be absent On Tuesday the 14 th day of March the Bill for Liberties of Hexham and Hexhamshire and the Bill for Craftsmen to dwell near the Sea in Kent were each of them read the second time The Bill also for carrying of Leather and Tallow over the Sea to be made Felony was read the second time Articles being devised for the punishment of the Bishop of Winchester and others for Cancelling of Records It was Ordered that a Bill should be thereof drawn by M r Keilway On Wednesday the 15 th day of March three Bills of no great moment had each of them their first reading of which the first was the Bill to restore deprived Bishops The Bill for Cloathiers to dwell in Bocking Coxal c. was read the second time and Ordered to be ingrossed Two other Bills also had each of them their second reading of which was one Bill for the Jointure and Marriage of the Dutchess of Norfolk The Bishop of London in his proper person shewing the untruth of the Bill as he takes it did conclude that the Commissioners for his Deprivation did not according to their Commission And yet by his Appeal as also by his Letters Patents from Queen Mary he standeth still Bishop and the Grants made by Doctor Ridley void Vide touching this matter on Monday the 13 th day of this instant March foregoing The Bill lastly for Restitution in Blood of the Sons and Daughter of Edward Lewkenor was read the third time and passed the House On Thursday the 16 th day of March two Bills of no great moment had each of them one reading of which the second being the Bill to make lawful the Deprivations of Bishops and Spiritual persons was read the first time The Bill for the Assurance of the Lands late parcel of the Bishoprick of
Winchester to the Patentees of King Edw. VI. was read the second time and thereupon Ordered to be ingrossed The new Provisoes from the Lords in the Bill for the First-fruits were read the first time and the Proviso from the Lords in the Bill of Treasons was read the third time and passed the House The Bill for allowance of Sheriffs for the Justices Diets and the Bill for the Restitution in Blood of Robert Rudston were each of them read the third time and passed the House The Bill for thicking of Caps in Mills was read the third time and upon the question was dashed The Bill lastly for renewing one of the Fairs at Linn Regis and the Bill for the new Parish Church of Abernant in Wales were each of them read the third time and passed the House Robert Buxton Burgess of Brembre in Sussex was Licensed to be absent for the Duke of Norfolks Affairs On Friday the 17 th day of March the Bill for the Shipping of Woollen Cloaths of 5 l 10 s over the Sea The Bill for Artificers in Kent and Sussex And the Bill against carrying over Sea of Leather Hides or Tallow to be Felony were each of them read the second time and Ordered to be ingrossed The Bill that no persons shall be punished for using the Religion used in King Edwards last Year was read the first and second time and Ordered to be ingrossed And the Bill that Licenses shall be good but during the Princes Reign was read the second time and Ordered likewise to be ingrossed The Bill for true Answering of Customs and unlading of Goods in the day time was read the first time and as it should seem referr'd to M r Chancellor to be considered Three Bills lastly of no great moment had each of them one reading of which one being the Bill for the Jointure of the Dutchess of Norfolk and another against seditious words and rumours against the Queen had each of them their third reading and passed the House On Saturday the 18 th day of March the Bill against buying of Horses to sell shortly again And the Bill for the Assizes to be kept in the Town of Stafford were each of them read the second time and thereupon Ordered to be ingrossed Two Bills of no great moment had each of them one reading of which one being the Bill against unlawful Assemblies was read the first time and as it should seem committed to M r Smith to consider of it Three Bills lastly had each of them their third reading of which one being the Bill for Assurance of divers Mannors late parcel of the Bishoprick of Winchester to King Edward the Sixths Patentees was upon the Question passed the House The Bill for the Supremacy was brought from the Lords by M r Attorney to be reformed Vid. concerning this Bill on Thursday the 27 th of April ensuing John Malock Burgess for Linne and Robert Moone Burgess for Britport for their several Affairs have Licence to be absent On Monday the 20 th day of March two Bills of no great moment had each of them one reading of which the second being the Bill touching the Assizes and Gaol-Delivery was read the third time and passed the House and was presently sent up to the Lords with divers others by M r Vice-Chamberlain The Bill that the Queen shall make Rules for Colledges and Schools was read the second time and ordered to be ingrossed And the Bill for continuance of the last Act for Rebellions was read the first time The Proviso sent from the Lords with the Bill of First-Fruits was read the second time And the Proviso and Reformation in the Bill of Supremacy was read the first time de qua vide on Thursday the 27 th of April ensuing On Tuesday the 21 th day of March two Bills of no great moment had each of them one reading of which the second being the Bill for Tanning and selling of Tann'd Leather was read the first time The Bill against unlawful Assemblies was read the second time and ordered to be ingrossed And the Proviso and Reformation in the Bill touching Supremacy was read the second time Two Bills also had each of them one reading of which one being the Bill that the Queens Majesty shall make Orders in Collegiate Churches was read the third time and passed the House and was sent up to the Lords by M r Vice-Chamberlain and others The new Bill against Cancelling of Records by Warrant or otherwise was read the first time Two Bills also had each of them their second reading of which one was the Bill to make lawful the Deprivations of the Bishops of London Winchester Worcester and Chichester in the time of King Edward the VI. The Bill that the Queens Highness shall Collate or appoint Bishops in Bishopricks being Vacant was read the first and second time and thereupon Ordered to be ingrossed On Wednesday the 22 th day of March the Bill to continue the Act for Rebellious Assemblies The Bill for Collating of Bishops by the Queens Highness and without Rites and Ceremonies And the Bill for Tanners and selling of Tann'd Leather were each of them read the third time and passed the House and were sent up to the Lords by M r Comptroller The Provisoes and Additions by the Lords in the Bill of Supremacy and the Provisoes from the Lords in the Bill of First-Fruits were read the third time and passed the House Four other Bills lastly of no great moment had each of them one reading of which the last was the Bill to revive the Act against Carriage of Horses into Scotland and was read the third time and passed and was with three others sent up to the Lords by M r Chancellor of the Dutchy On Thursday the 23 th day of March it was reported to this House by ..... one of the Burgesses that Mr. Story had not well used himself being a Member of this House to go before the Lords and be of Counsel with the Bishop of Winchester against the Patentees which by the House was taken to be a fault Whereupon M r Story excused himself by ignorance of any such Order And nevertheless had since considered of it and doth acknowledge it not to be well done and therefore required the House to remit it which willingly by the House was remitted Vide touching this business on Wednesday the first day Friday the third Saturday the fourth and on Monday the Sixth day of this instant March foregoing On Friday the 24 day of March for weighty Affairs to be done in this Parliament according to the Example of the Upper House this Court of the House of Commons is according to former Presidents Adjourned until Monday the third day of April next coming But upon what occasion the House of Commons was this day Adjourned doth not at all appear in the Original Journal-Book of the same House but most probable it is that it was by reason of a disputation had and agitated this
25 th day of February last past as also on Saturday the 18 th day Monday the 20 th day on Tuesday the 21 th day and on Wednesday the 22 th day of March preceeding Et vide etiam a Note touching this business in the Original Journal Book of the Upper House on Saturday the 29 th day of April foregoing The Bill for Garbling of Feathers Forsings and Flocks was read the third time and passed the House And lastly the Bill that the Queen by Commission may restore spiritual persons deprived was read the first time On Friday the 28 th day of April the Bill for the Restitution in Blood of the Lord Dacres of the South was read the second time Henry Clifford Gent. Burgess for Bedwyn was Licensed for his Affairs to be absent The Provisoes in the Bill for Suppression of Abbies Priories c. was read the first and second time On Saturday the 29. day of April the Bill for Watermen on the Thames to have Harque-buts c. was read the second time and Ordered to be ingrossed The Bill for Uniting of Abbies Priories Nunneries Hospitals and Chauntries founded since the Reign of Queen Mary to be annexed to the Crown was read the third time and passed the House upon the Question and was sent up to the Lords by M r Vice-Chamberlain The Bill lastly to restore such persons to their Benefices as were unlawfully deprived was read the second time and was thereupon Ordered to be ingrossed April the 30. Sunday On Munday the first day of May the Bill for the Restitution of the Brothers and Sister of the Duke of Norfolks The Bill for the Restitution in Blood of the Lord Dacres of the South The Bill that Timber Trees in divers places shall not be felled for Cole to make Iron And the Bill that the Inhabitants of Dorking Coxall and Dedham Westbarford c. may make Woollen Cloths there were each of them read the third time and passed the House The Bill lastly that Watermen of the Thames shall have and shoot in Harque-buts c. was read and upon the Question and Division of the House dashed by the difference of ten Voices viz. with the Bill fifty two and against the Bill sixty two On Tuesday the second day of May the Bill that the Queen by Commission may restore such spiritual persons as have been unlawfully deprived was read the third time and passed the House and was sent up to the Lords by M r Sadler and others with the four other Bills which last passed The Bill lastly for the continuance of divers Acts was brought from the Lords On Wednesday the third day of May three Bills of no great moment had each of them one reading of which the second being the Bill for carriage of Corn over Sea when Wheat is 10 s Barley 3 s 8 d Beans and Rye at 6 s and Oats at 3 s 4 d the Quarter was read the third time and passed the House On Friday the 5 th day of May the Bill for continuance of certain Acts was read the third time and passed the House and was sent up to the Lords by Mr. Secretary On Saturday the 6 th day of May the Bill touching Abbies c. was brought from the Lords to be reformed with three Provisoes of their Lordships And the Bill for preservation of Fry of Fish was likewise brought down from the Lords to be amended May the 7 th Sunday On Monday the 8 th of May the Provisoes in the Bill for preservation of the Fry and Spawn of Fish were read the second and third time and passed the House In the Afternoon the Queens Majesty sitting in her Royal Seat the Lords and Commons attending M r Speaker made a Learned Oration Exhibiting the Bill for the Subsidy and the Bill of Tonnage and Poundage and required the Queens Assent might be given to such Bills as had passed both the Houses which Oration being praised and Answered by the Lord Keeper of the Great Seal the Royal Assent was given to forty two Acts and by the Queens Pleasure this Parliament was Dissolved § Henry the VI. 6 Martii An. 31. called a Parliament at Reading 8 Martii Thorpe was Chosen Speaker from thence the Parliament was Adjourned to Westminster till 25. Apr. where it continued till 2. July and then Prorogued till 12. Nov. to Reading again Adjourned till 12. February after till 14. at Westm. During these Adjournments and Prorogations Richard Duke of York having got the Ascendant of the King prepared Habiliments of War at the Palace of the Bishop of Durham Thorpe being Speaker by Command of the King took the Arms whereupon in Michaelmas Term the Duke brought his Action of Trespass in the Exchequer against Thorpe and upon Tryal that Term recovered a thousand pound Damages and ten pound for Costs of Suit and thereupon Thorpe was Committed to the Prison of the Fleet in Execution After all this the Parliament met 14. Feb. and the Duke of York having got a Commission to hold and dissolve the Parliament laboured to keep Thorpe in Prison whom he mortally hated as being faithful to King Henry and having gained his point in the Lords House afterwards the Commons gave up their Speaker which was no sooner done and another Chosen but the Duke by the Assent of the Lords and Commons and after Confirmed by Commission from the King was made Protector of the Realm Thorpe having paid the Debt fled to the Kings Party and after was taken at Nottingham Field from thence sent to Newgate then to the Marshalsey and at last Beheaded at Haryingay Park in Middlesex THE JOURNAL OF THE House of LORDS A Journal of the Passages of the House of Lords in the Session of Parliament bolden at Westminster An. 5 Regin Eliz. An. D. 1562. which began there after one Prorogation of the same on Tuesday the 12 th of January and then and there continued until the Prorogation thereof upon Saturday the 10 th day of April An. D. 1563. THIS Session in An. 5 Regin Eliz. making but one and the same Parliament with that Session next ensuing in an 8 Reginae ejusdem is replenished with some extraordinary matter besides the accustomed and usual passages of reading committing and expediting of Bills For not only the pompous and solemn manner of her Majestics repairing to the Lords House is set down but the several Speeches also of that Eloquent Orator and wise Statist Sir Nicholas Bacon Lord Keeper are supplied at large together with such Interlocutory Speeches as passed in the House of Peers from Thomas Williams Esq the Speaker or Prolocutor of the House of Commons which said several Speeches being not found in the Original Journal-Book of either House are therefore supplied out of several written Copies or Anonymous Memorials of them I had by me especially the latter passages and Speeches both when the Speaker was presented on Friday the 15 th day of January and when this Session of Parliament
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
Queens Majesty and this Parliament in your Opinion by building a Fort named the fear of God might take Order and live surely in time to come And in the fourth part made four Petitions the first for free access to her Person and Upper House the second for well taking your meaning and the third and fourth for free Liberty of Speech and Persons Now for the Answering of them her Majesty hath Commanded me to say That for the first part she commendeth much those Godly Virtues that you opened to be in her and also those beautiful budding benefits which you declared to come from her and doubteth not the rather by this your remembring of them but they shall be on her part hereafter performed for which she thanketh you thinking all things well bestowed when they are well remembred In the second part you declare certain Monsters which trouble this Region and would be redressed the Remedy whereof you declared in your third part wherein she desireth you to travel for the bringing of it to pass And for the fourth part being your Petitions which be also four for the first being for free access to her Person she granteth it not doubting of your discretion to use it as rath as may be not out of time nor yet without they be matters of great importance For the second that if you mistake their meanings that they may notwithstanding redress the same without prejudice to them this also she granteth although unneedful for that she trusteth you will not offend therein And for the third to have free Speech she granteth also so that it be reverently used And to the last point for them and theirs to be free without disturbance she is pleased therewith howbeit great regard would be therein had not thereby to avoid or delay their Creditors but to be well used according to the meaning of the first grant thereof Now a word or two more I would advise you to make your Laws as few and as plain as may be for many be burthenous and doubtful to understand and so accordingly to make them as brief as the matter will suffer and thirdly that you proceed to the great and weighty matters first and then to others of smaller importance and that so speedily as can be whereby this Assembly may be again at their Liberties and so end Then the Speaker and nether House did their Reverence and departed and the Queen returned into her Privy-Chamber and shifted her and the Lords likewise and then she repaired to her Barge and so to Whitehall unto which place the Sword was born the Officers of Arms waited to and fro On Monday the 18 th day of January three Bills of no great moment had each of them one reading of which the last being the Bill for the punishment of Clipping and washing of the Queens Majesties Coin and other Moneys Currant within the Realm was read the first time Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in diem crastinum hora Nona On Tuesday the 19 th day of January four Bills had each of them one reading of which the first being for the good Order and Government of the Garrison of Barwick was read secunda vice commissa ad ingrossand and the second being the Bill for punishment of Clipping and washing of the Queens Majesties Coin was read tertia vice commissa Archiepiscopo Ebor. Duci Norfolciae Marchion Northampton Episcopo Hereford Domino Wentworth Domino Willoughby Domino Hastings de Loughborough On Wednesday the 20 th day of January the Bill touching the Government of the Garrison of Barwick was read tertia vice conclns and sent to the House of Commons by Serjeant Carus and the Queens Attorney On Thursday the 21 th day of January two Bills had each of them one reading of which one was the Bill to repeal a Branch of a Statute made Anno primo Edwardi 6 ti touching the Conveying of Horses out of the Realm and being read tertia vice was concluded and sent down to the House of Commons On Saturday the 23 th day of January the Lords Spiritual and Temporal Assembled but nothing was done save only the Parliament continued by the Lord Keeper in usual Form usque in diem Martis prox hora nona On Tuesday the 26 th day of January the Bill for fulling and thicking of Caps was read prima vice commissa to the Earl of Shrewsbury the Earl of Rutland the Earl of Bedford the Bishop of Winchester the Bishop of Exeter the Lord Wentworth the Lord Willoughby and the Lord Shandois And the Bill also against forging of Evidences and Writings was upon the first reading Committed to the Archbishop of York the Duke of Norfolk the Marquess of Northampton the Earl of Rutland the Earl of Huntington the Bishop of London the Bishop of Durham the Bishop of Winchester the Lord Clinton the Lord Wentworth the Lord Rich the Lord Willoughby the Lord Hastings of Loughborough the Lord Chief Justice of the Kings Bench the Lord Chief Baron of the Exchequer and the Queens Sollicitor Nota That this last mentioned Bill touching the forging of Evidences c. was not only committed upon the first reading which is not usual till after the second but committed also to the Judges being but Assistants of the Upper House and to the Queens Sollicitor being but a meer Attendant upon the same jointly with the Lords the only proper and undoubted Members of that great Council which is to be observed because of latter days neither the said Assistants nor Attendants are ever appointed joint Committees with the Lords as here but only Commanded by the House to attend upon the Committee and thereby to give such advice as shall be required of them which is no greater respect yielded them at a Committee than in the House it self sitting the Parliament and were they still admitted to be Committees as they usually were in all these first Parliaments of the Queen yet could no inconvenience ensue thereby because at a Committee things are only prepared and made ready for the House in which and no where else they ought to be concluded and expedited The Bill lastly for Repeal of a Statute made an 1 Ed. 6. touching conveying of Horses out of the Realm was concluded and sent down to the House of Commons Here the House was doubtless continued until Thursday next the 28 th day of this Instant January because this being Hillary Term the ensuing Wednesday being the 27 th day of the same Month was Star-Chamber day on which the House seldom sits and this may be observed very usual not only in this Journal but in the Original Journal-Books of the Upper-House of all her Majesties time in whose Reign the Star-Chamber-Days were first certainly appointed to be on Wednesdays and Fridays True it is that in former times when Star-Chamber-Days were uncertain then it is hard to guess when the House sat not by reason of them
Queens Mantle born over her Arms by the Lord Admiral and Lord of Hunsdon her Train born by the Dutchess of Norfolk assisted by the Lord Chamberlain and M r Astley Master of the Jewel-House and so her Majesty being placed the Duke of Norfolk the Lord Admiral and the Lord Hunsdon took their places and from time to time as her Majesty stood up her Mantle over her Arms was assisted up with the Lord Robert Dudley Master of the Horse and Sir Francis Knowles Vice-Chamberlain Then all being placed M r Williams the Speaker was brought in between Sir Edward Rogers Comptroller and Sir Ambrose Cave Chancellor of the Dutchy and after one obeysance made proceeded down to the Wall and from thence came up to the Rail in the way making three Obeysances and after he was up at the Rail he made three Obeysances and then began his Oration as followeth THis it is most Excellent and Vertuous Princess c. As nature giveth to every reasonable Creature to speak so it is a grace to be well learned and I presenting the Mouth of such a Body as cannot speak for it self and in the presence of your Majesties Person and Nobles must most humbly desire and crave of your Highness to bear with my imperfections This Common-Wealth hath been by Gods Providence first instituted and since by Mans Policy continued wherein Justice and good Counsel is most to be preferred for Antient Law-makers and Authors of good Laws be worthy to be praised and had in perpetual remembrance and such are the Laws that we have made in this Common-Wealth as in mine Opinion do excel and pass all other humane Laws Amongst divers Authors of good Laws we have set forth unto us to the end they should not be forgotten three Queens the first Palestina the Queen Reigning before the Deluge who made Laws as well concerning Peace as War The second was Ceres the Queen which made Laws concerning evil doers And the third was Marc. Wife of Bathilacus Mother to Stillicus the King who enacted Laws for the maintenance and preservation of the good and well-doers And since that time Etheldred a King in this Realm Established Laws and set in most beaten high and cross ways a Cross and therein a Hand with a Ring of Gold pointing to the most usual way which also stood untaken away or diminished during his Life And so you are the fourth Queen Establisher of good Laws our most dread Soveraign Lady for your time as happy as any of the three which happiness for the present I let slip and desire as all our hearts do that some happy Marriage to your contentation might shortly be brought to pass your Majesty findings this Realm out of Order and full of Abuses have continually had a special care to reform the said Abuses and for the more expelling thereof have Congregated together this Assembly whereby partly to your Contentation for Reformation of the same to its old pristine Estate and for Money and Peace is all that chiefly we have done for which purposes we have agreed upon and made certain Laws which until your Majesty have granted your Royal Assent and so given Life thereunto cannot be called Laws And herein requiring of your Majesty three Petitions two for the Commons and one for my self the first for such Laws as they have made being as yet without Life and so no Laws that it would please your Majesty to grant your Royal Assent unto them Secondly that your Highness would accept their doings in good part that the imperfections of their Labours by your acceptance may be supplied for as appeareth in sundry Histories the persons of those Princes and Subjects have long continued which have well used themselves one toward th' other which without neglecting of my duty I cannot in your presence so let slip for as it appeareth in divers Histories the Noble Alexander having presented unto him by one of his poor Souldiers the Head of one of his Enemies he not forgetting the Service of his Souldier although herein he had done but his Duty gave unto him a Cup of Gold which first the Souldier refused but after that Alexander had Commanded it to be filled with Wine and delivered him he received it whereby appeareth the Noble and Liberal Heart of the said Alexander Also Xenophon writing of the Life of Cyrus who being liberal of Gifts having vanquished Craesus and he marvelled at his liberality said it were better to keep it by him than so liberally to depart from it unto whom Cyrus answered That his Treasure was innumerable and appointed Craesus a day to see the same and thereupon took Order that his Subjects should before that time bring in their Treasure which being innumerable and more than Cyrus by any other means could have given Craesus much wondred thereat Cyrus said thou causest me to take of my Subjects and retain the same but what need I to take when they so frankly will bring it unto me and so as occasion serveth ready continually to supply my want therefore how can I be but rich having such Subjects but if they by my means or any other were poor then were I poor also Which two worthy Examples of Alexander and Cyrus your Majesty hath not forgotten to ensue but with the like zeal have hitherto always used us and now especially at this present by your most gracious and free Pardon for the which and all other they by me their Mouth do most humbly thank you knowledging such and so much love and zeal of their parts towards your Majesty as ever any Subjects did bear towards their Prince and Governour And in token thereof with one Assent do offer to your Highness one Subsidy and two Fifteens most humbly beseeching your Majesty to accept it not in recompence of your benefits but as a Token of their Duty as the poor Widdows Farthing was accepted as appeareth in the Scripture Thirdly That it may also like your Majesty to accept my humble thanks in allowing and admitting me being unworthy of this place and bearing with my unworthy service and last of all my unfitting words uplandish and rude Speech beseeching God to incline your Majesties Heart to Marriage and that he will so bless and send such good success thereunto that we may see the Fruits and Children that may come thereof so that you and they may prosperously and as long time Reign over us as ever did any Kings or Princes which God for his Mercies sake grant unto us And so he ended making his Obeysance Then the Queen called the Lord Keeper unto her Commanding him in her Name to Answer him as she then declared unto him which followeth M r Speaker The Queens Majesty hath heard how humbly and discreetly you have declared the Proceedings and for Answer hath Commanded me that I should utter three or four things the first for her Royal Assent to the Acts made at this Parliament Secondly How comfortably and also thankfully her Majesty
be not very usual yet there want not Presidents of the same nature as I was assured by Henry Elsing Esq at this time Clerk of the Upper House upon Friday the 16 th day of April 1630. and that especially in former times as of King Edward the third and others the Lord Keepers place was during his absence for the most part supplied by vertue of the Kings verbal Command and seldom by Commission October the 6 th Sunday On Monday the 7 th day of October An Act to make void fraudulent Gifts Bargains and Alienations made for the deceiving of Creditors was read primâ vice and committed to Justice Dyer Quod nota The Lord Treasurer continued the Parliament until the next day at nine of the Clock On Tuesday the 8 th day of October the Bill that no man killing any person by misfortune at twelve score or longer mark shall therefore forfeit his Lands Tenements or Goods was read primâ vice Dominus Thesaurarius continuavit praesens Parliament usque in diem Jovis prox horâ nonâ On Thursday the 10 th day of October Three Bills of no great moment had each of them one reading of which the last being the Bill that no man killing any person at twelvescore prick or longer mark shall forfeit his Goods or Chattels in which Bill for that it toucheth the Queens Prerogative it was thought not convenient to proceed further without her Highness pleasure first known in the same Dominus Thesaurarius continuavit praesens Parliamentum usque in diem Sabbati prox hora nona and so every sitting day until Friday the 25 th day of October exclusivè the Parliament was continued in this Form by the Lord Treasurer except Monday the 21 th day and Tuesday the 22 th day of October on both which days the House did sit and Bills were read but in the Original Journal-Book is no mention of continuing the Court by any person which seemeth to have happened by negligence of the Clerk and after the said 25 th day of October on which Sir Robert Catlin Knight Lord Chief Justice of the Kings Bench was appointed by her Majesties Commission to supply the place of the Lord Keeper during his Sickness it was continued until Saturday the 9 th day of November ensuing when Sir Nicholas Bacon Lord Keeper of the Great Seal repaired again to the Upper House and there continued his place till the Dissolution of this present Session of Parliament On Saturday the 12 th day of October Two Bills of no great moment had each of them one reading of which the first being the Bill against fraudulent Gifts of Goods and Chattels and also a remedy for Creditors against Bankrupts was Committed to the Lord Chief Justice Dyer and Justice Southcote to be by them considered against the next meeting Quod nota October the 13 th Sunday On Monday the 14 th day of October to which day the Parliament had been last continued by the Lord Treasurer Two Bills had each of them one reading of which the first being the Bill for the taking away of Clergy from Pick-Purses and Cut-Purses was read secundâ vice commissa ad ingrossand On Tuesday the 15 th day of October to which day the Parliament had been last continued by the Lord Treasurer Three Bills had each of them one reading of which the two first the one being the Bill to take away the benefit of the Clergy from certain Offenders for some Felonies for which by the Common Law they could not be denied it was read tertiâ vice communi omnium Procerum assensu conclusa And the other being a Bill for the Confirmation of Fines and Recoveries notwithstanding the fault of the Original Writ majore Procerum numero assentientium conclusa est And the said two Bills so concluded were committed unto the Queens Attorney and M r Martin to be carried down to the House of Commons On Wednesday the 16. day of October the Lords did meet in the Parliament Chamber and nothing done but the Parliament continued by the Lord Treasurer in usual Form until Thursday the 17. day of October On Thursday the 17. day of October Three Bills of no great moment had each of them one reading of which the first being the Bill to Naturalize John Stafford born beyond the Seas was primâ vice lect and the third being against fraudulent Gifts of Goods and Chattels and also a remedy against Bankrupts was by the consent of all the Lords concluded On Saturday the 19. day of October to which day the Parliament had been last continued on Thursday foregoing by the Lord Treasurer the Bill for the punishment of the negligence and false return of Writs by under-Sheriffs and Bayliffs was by common consent of the Lords concluded and with two other Bills before concluded was sent to the House of Commons by Serjeant Carus and the Attorney General On Monday the 21. day of October the Bill for annexing of Hexhamshire to the County of Northumberland was read primâ vice Two Bills were brought up to the Lords from the House of Commons viz. One to take the benefit of Clergy from certain Offendors returned exped And another to repeal a branch of a Statute made Anno 23 Hen. 8. touching prices of Barrells and Kilderkins On Tuesday the 22. day of October to which day the Parliament had been last continued two Bills of no great moment had each of them one reading of which the second being the Bill for the annexing of Hexhamshire to the County of Northumberland was read secundâ vice and committed to the Archbishop of York the Earl of Northumberland the Earls of Westmoreland and Bedford the Bishop of Durham the Bishop of Carlisle the Lord Evers the Lord Rich and the Lord North and to Justice Welsh and Serjeant Carus Nota That here a Judge being but an Assistant and a Serjeant being but an Attendant upon the Upper House are made Joint-Committees with the Lords Ut vide plus on Thursday the third day of this instant October foregoing Nota also That an Extraordinary Proxy is Entered in the beginning of the Original Journal-Book of the Upper House to have been introduced this day being as followeth viz. 22 die Octobris introductae sunt literae Procuratoriae Cuthberti Domini Ogle in quibus Procuratores constituit Franciscum Comitem Bedford Johannem Dominum Lumley This I call an Extraordinary Proxy in respect that a Temporal Lord did Constitute two Proctors whereas usually they nominate but one and the Spiritual Lords for the most part two and this Proxy of the Lord Ogle's may the rather seem unusual in respect that of sixteen Temporal Lords who were absent by her Majesties Licence from this Session of Parliament there was but one more viz. Francis Earl of Bedford ut vide on Saturday the 9. day of November following who Constituted above one Proxy It is also worth the noting that Robert Earl of Leicester being at this time a Favorite was
Capitalis Justiciarius continuavit praesens Parliamentum usque in diem Lunae prox October the 27 th Sunday On Monday the 28. day of October Sir Robert Catlyn Knight Lord Chief Justice of the Kings Bench supplying the place of the Lord Keeper at this time sick of the Gout as is before-mentioned with divers other Lords Spiritual and Temporal met in the Upper House but nothing appeareth to have been done in the Original Journal of the same House only the continuance of the Parliament unto Wednesday next following On Wednesday the 30. day of October Two Bills of no great moment had each of them one reading of which the second being the Bill declaring the manner of making and Consecrating of Archbishops and Bishops of this Realm to be good lawful and perfect was read secundâ vice The Lords whose names are here next after written were appointed to have Conference with a setled number of the House of Commons touching Petition to be made to the Queens Highness as well for the Succession as for her Marriage viz. The Archbishop of York The Lord Treasurer The Duke of Norfolk The Marquess of Northampton The Earl of Northumberland The Earl of Westmorland The Earl of Shrewsbury The Earl of Worcester The Earl of Sussex The Earl of Huntingdon The Earl of Warwick The Earl of Bedford The Earl of Pembroke The Earl of Leicester Viscount Mountague Viscount Bindon The Bishop of London The Bishop of Durham The Bishop of Winchester The Bishop of Worcester The Bishop of Lincoln The Bishop of Rochester The Bishop of Coventry and Lichfield The Lord Admiral The Lord Chamberlain The Lord Morley The Lord Cobham The Lord Grey The Lord Wentworth The Lord Windsor The Lord Rich. The Lord Sheffeild The Lord Paget The Lord North. The Lord Haistings of Loughborough The Lord Hunsdon It should seem that the Lords had intended at first to have appointed but thirty of themselves to have joined with the House of Commons about the foresaid Treaty or Conference to be had between them touching the said great matters of Succession and Marriage however it fell out afterwards as appeareth by the names above set down that they appointed more for it appeareth plainly by the Original Journal-Book of the House of Commons although there be no mention at all of it in that of the Upper House that the Lords did this day send down word unto the House of Commons by M r Serjeant Carus and M r Attorney that they had Chosen thirty of themselves to consult and confer with a Select Committee of the said House touching the foresaid great business touching which see more on Tuesday the 5 th day of November following Dominus Capitalis Justiciarius continuavit praesens Parliamentum usque in diem Jovis prox On Thursday the 31 th day of October the Bill for declaring the manner of making and Consecrating of the Archbishops and Bishops of this Realm to be good lawful and perfect Commissa est to the Chief Justice of the Common-Pleas Justice Southcote and Attorney General The Bill for annexing of Hexamshire to the County of Northumberland was read secundâ vice The House of Commons appointed Sir Edward Rogers Knight Comptroller of her Highness Houshold Sir Francis Knolles her Majesties Vice-Chamberlian Sir William Cecill her Highness Chief Secretary Sir Ambrose Cave Knight Chancellor of her Dutchy of Lancaster Sir William Peeter Sir Ralph Sadler Sir Walter Mildmay Knights all of her Highness Privy-Council and divers other Members of the House of Commons to have Conference with the Lords aforenamed whose names see on yesterday foregoing touching those two great matters of the Succession and Marriage to be dealt in by Petition to her Majesty As see more at large upon to Morrow ensuing in the Afternoon Dominus Capitalis Justiciarius continuavit praesens Parliamentum usque in diem Martis 5 die Novembris prox On Tuesday the 5 th day of November the Bill for the annexing of Hexamshire unto the County of Northumberland and the Ecclesiastical Jurisdiction of the same unto the See of the Bishoprick of Durham was read tertiâ vice communi omnium Procerum assensu conclusa The Nobles under-named were appointed to wait on the Queens Highness this Afternoon with thirty of the House of Commons by her Highness special Commandment The Archbishop of York The Lord Treasurer The Duke of Norsolk The Marquess of Northampton The Earl of Northumberland The Earl of Westmerland The Earl of Shrewsbury The Earl of Worcester The Earl of Huntingdon The Earl of Sussex The Earl of Warwick The Earl of Bedford The Earl of Pembroke The Earl of Leicester Viscount Mountague Viscount Bindon The Bishop of London The Bishop of Duresm The Lord Clinton Lord Admiral The Lord Howard of Effingham Lord Chamberlain The Lord Morley The Lord Lumley The Lord Rich. The Lord Sheffeild The Lord Paget The Lord North. The Lord Haistings of Loughborough and The Lord Hunsdon Dominus Capitalis Justiciarius continuavit praesens Parliament usque in diem Crastinum hora consueta But there is no mention at all in the Original Journal-Book of the Upper House to what end or purpose the Lords above-mentioned with those thirty Members of the House of Commons repaired to her Majesty which doubtless fell out by the great negligence in a matter of so great weight of Francis Spilman Esq Clerk of the Upper House and therefore I have thought fitting and necessary to supply it at large partly out of the Original Journal-Book of the House of Commons and partly out of other several Manuscript Memorials I had by me all which in their proper place I have particularly vouched It is therefore in the first place to be noted as fit matter of preparation to that which follows that these two great matters touching her Majesties Marriage and the Declaration of a certain Successor were agitated in the House of Commons in the first Session of this present Parliament in An. 5 Regin Eliz. and thereupon the greatest part of the said House with Thomas Williams their Speaker did prefer a Petition to her Majesty upon Thursday the 28 th day of January in the said fifth Year of her Majesties Reign by her Allowance in which having humbly supplicated her Majesty to Marry or in default of Issue of her own Body to declare a certain Successor they received a gracious Answer But now the same Parliament reassembling again to this second Session thereof in the eighth year of the Reign of the Queen and finding nothing to have been acted by her Majesty in either kind but that she remained still a Virgin without all likelyhood of Marriage and that the Succession of the Crown depended upon great uncertainties some holding the Queen of Scots to have best Right others the Countess of Lenox being the Daughter of Margaret of England by Archibald Douglass Earl of Anguisse her Second Husband and others also argued very strongly for Catherine Countess of Hartford being the Daughter and Coheir of Henry
3. declares Ad omnem notitiam volumus pervenire quod de assensu Magnatum fidelium nostrorum words comprehensive of a Parliament precedent and future Authorities in the like Case considered acceptabimus ducere in uxorem legitimam Alianoram filiam nobilis viri P. Comitis Provinciae c. he having had once a purpose to Marry the King of Scots younger Sister Proposuit Rex sayes the Historian ducere in uxorem Regis Scotiae Sororem indignantibus Comitibus Baronibus suis universis non enim ut dixerunt decebat quod Rex duceret filiam natu minorem cum Hubertus Justiciarius meaning Hubert de Burgo natu majorem haberet sibi matrimonio copulatam 5. Edward the Second pro solempnitate sponsalium Coronationis Consulted with his Parliament in his first Year 6. And An. 5 E. 3. the Chancellor declaring the reasons of the Assembly of the Parliament amongst others tells them that it was to consult and resolve whether the King should proceed with France for recovery of his Seignories en voie de amiable trete per aliance de mariage ou de guerre 7. In the 23 d Year of H. 6. that great Favourite William de la Pole Marquess of Suffolk then Chancellor by the Kings Command informs the Parliament that the Marriage with Margaret the Sicilian Kings Daughter was Contracted for inducing the Peace made with France against which the Lords as being made without their advice made Protestation and caused it to be entred upon the Parliament Roll but it appears the Commons agreed to it by the Petition which they put up to the King whereby they recommended by the Chancellors Interest his Services and Actions praying his Grace to accept him to his gracious favour and good acceptance and that he was a great instrument of the intended Peace and Marriage which the Commons well liked of though the Lords did not 8. The Lords Spiritual Temporal and Commons tell the King that they had considered how that the pretended Marriage between E. 4. and Elizabetl Gray was made of great presumption without the knowledge and assent of the Lords of this Land 9. And in the Parliament 1 H. 7. the Commons by Thomas Lovell their Speaker did Petition the King to Marry Elizabeth Edward the Fourths Daughter which he at their request back'd by the Lords agreed to do the Memorial of which is thus recorded in the Parliament Roll. Memorand quod decimo die Decembris Anno praesenti Communes Regni Angliae in pleno Parliamento coram Domino Rege comparentes per Thomam Lovell Prolocutorem suum Regiae Celsitudini bumillime supplicabant eandem Celsitudinem assectuose requirentes co considerato quod authoritate Parliamenti stabilitum est inactitatum quod baereditates Regnorum Angliae Franciae cum praeeminentia potestate Regali sint restent remaneant permaneant in persona ejusdem Domini Regis haeredum de corpore suo legitimè exeuntium eadem Regalis sublimitas vellet sibi il lam praeclaram Dominam Elizabetham Regis Edwardi Quarti siliam in Uxorem Conthoralem assumere unde per Dei gratiam sobolium propagatio de stirpe Regum à multis speratarum in totius Regni consolationem consequeretur Quare Domini Spirituales Temporales in eodem Parliamento existentes à sedibus suis surgentes ante Regem in Regali solio residentem stantes capitibus suis inclinatis eandem requestam fecerunt voce divisa quibus idem Rex respondebat ore preprio se juxta eorum desideria requestas procedere fuisse contentum 10. Anno Domini 1530. Anno 21 H. 8. the Parliament sent a Declaration or Letter to the Pope touching the Marriage and Divorce of that King from Queen Katherine telling him that Causa Regiae Majestatis nostra cujusque propria est à Capite in membra derivata dolor ad omnes atque injuria ex aequo pertinet and that if his Holiness did not give his consent nostri nobis curam esse relictam aliunde nobis remedia conquiramus that is in plain English if the Pope would not do it they would which indeed afterwards they did To which Pope Clement the Seventh sent an Answer directed thus Venerabilibus fratribus Archiepiscopis Episcopis ac dilectis filiis Abbatibus Nobilibusque viris Ducibus Marchionibus Comitibus Baronibus Militibus ac Doctoribus Parliamenti Regni Angliae 11. The Marriage of King Philip and Queen Mary it is true was treated on before yet nothing could absolutely be concluded till the whole Treaty and Articles of Marriage were solemnly and solidly debated in Parliament which being agreed to they confirm and establish them by a Law 12. We your Majesties most humble Subjects cannot forbear but with all humbleness most thankfully to set before the same our most lowly thanks for three special matters proceeding from your Majesty to our benefit joy and comfort in this present Assembly First For the more Princely consideration had of us in the forbearing at this time some portion of that which according to the greatness and necessity of your Affairs we of Duty meant and intended to have yielded unto your Majesty Secondly For the most comfortable assurance and promise by your Majesty made and declared unto us that for our Weal and Surety your Majesty would Marry as soon as God should give you opportunity to accomplish the same whereof we have received infinite comfort and shall pray to Almighty God to further and prosper all your Majesties Actions tending thereunto that we your most natural Subjects may speedily see some noble Issue of your Body to continue perpetually by Descent the Succession of this Imperial Crown Thirdly For the great hope and comfort we have conceived by the means of your Majesties most Honourable Speech uttered and declared unto us of your most Gracious and Princely Disposition and determination when time thereunto shall serve conveniently with the Surety of your Majesties Person and the Weal and Tranquillity of your Realm to have due regard to the further establishing of the Succession of your Imperial Crown Quod omnes tangit ab omnibus approbetur THE JOURNAL OF THE House of COMMONS The Journal of the Proceedings of the House of Commons in the Session of Parliament bolden at Westminster An. 8 Reg. Eliz. A. D. 1566. which began there after divers Prorogations of the same on Monday the 30 th of September and then and there continued until the Dissolution thereof on Thursday the 2 d day of Jan. An. 9 Reg. ejusdem THIS Journal of the House of Commons in this present Session of Parliament de An. 8 Regin Eliz. is not only replenished with excellent matter touching the usual Orders and Liberties of the House but also enriched with the unusual Election of a new Speaker and with the extraordinary agitation of those two great businesses touching her Majesties Marriage
comfortable words and commanded the Parliament to be dissolved Nota That this business had many and long Agitations in the House of Commons who were especially violent in that latter branch of it touching the Declaration of a Successor as see more at large on Monday the 25 th day of November foregoing and lastly I have thought good to give a short touch that all the foregoing passages of this Afternoon touching her Majesties Presence Royal Assent Speech and Dissolving the Parliament were thus Orderly set down in the Original Journal-Book of the House of Commons and have here received little Alterations THE JOURNAL OF THE House of LORDS The Journal of the Proceedings of the House of Lords in the Parliament holden at Westminster An. 13 Reg. Eliz. A. D. 1571 which began there on Monday the 2 d day of April and then and there continued until the Dissolution thereof on Tuesday the 29 th day of May ensuing THIS Journal of the Upper House continuing about the space of two Months was very carelesly entred in the Original Journal-Book of the Upper House by the Clerk thereof who as it seems was Anthony Mason Esq succeeding about this time in the said Office of Clerk of the Upper House unto Francis Spilman Esq who had formerly supplied that place But yet by means of a Copious Journal I had by me of the Passages of the House of Commons in this Parliament taken by some Anonymous Member thereof and also of some Copies I had of the Speeches of Sir Nicholas Bacon Lord Keeper at the beginning and conclusion of this said Parliament this ensuing Journal is much enlarged And therefore to avoid confusion whatsoever is here inserted out of the said private Journal is particularly distinguished from that which is taken out of the above-mentioned Journal-Book of the Upper House by some Animadversions or Expression thereof both before and after the inserting of it Neither doth the Original Journal-Book it self of the Upper House want some matter of variety besides the ordinary Reading Committing and passing of Bills in respect that Sir Robert Catlyn Knight Lord Chief Justice of the Kings Bench was appointed by her Majesties Commission under the Great Seal to supply the Lord Keepers place upon occasion of his sickness during some part of this said Parliament in the first entry whereof is set down out of the foresaid Anonymous Journal of the House of Commons her Majesties coming to the Upper House with the Order and manner of it the substance also of which is found though somewhat more briefly set down in the Original Journal-Book of the same House On Monday the second day of April the Parliament beginning according to the Writs of Summons sent forth her Majesty about eleven of the Clock came towards Westminster in the antient accustomed most honourable Passage having first riding before her the Gentlemen Sworn to attend her Person the Batchellors Knights after them the Knights of the Bath then the Barons of the Exchequer and Judges of either Bench with the Master of the Rolls her Majesties Attorney General and Sollicitor General whom followed in Order the Bishops and after them the Earls then the Archbishop of Canterbury The Hat of Maintenance was Carried by the Marquess of Northampton and the Sword by the Earl of Sussex The place of the Lord Steward for that day was supplied by the Lord Clinton Lord Admiral of England the Lord Great Chamberlain was the Earl of Oxenford And the Earl Marshal by Deputation from the Duke of Norfolk was the Earl of Worcester Her Majesty sate in her Coach in her Imperial Robes and a Wreath or Coronet of Gold set with rich Pearl and Stones over her Head her Coach drawn by two Palfries covered with Crimson Velvet drawn out imbossed and imbroidered very richly Next after her Chariot followed the Earl of Leicester in respect of his Office of the Master of the Horse leading her Majesties spare Horse And then forty seven Ladies and Women of Honour The Guard in their rich Coats going on every side of them The Trumpeters before the first sounding and the Heralds riding and keeping their rooms and places Orderly In Westminster Church the Bishop of Lincoln Preached before her Majesty whose Sermon-being done her Majesty came from the Church the Lords all on foot in order as afore and over her Head a rich Canopy was carried all the way She being entred into the Upper House of Parliament and there sate in Princely and seemly sort under a high and rich Cloth of Estate her Robe was supported by the Earl of Oxenford the Earl of Sussex kneeling holding the Sword on the left hand and the Earl of Huntingdon holding the Hat of Estate and the Lords all in their Rooms on each side of the Chamber that is to say the Lords Spiritual on the right hand and the Lords Temporal on the left Nota That whereas the presence of these Lords ought here according to the usual course to have been inserted out of the Original Journal-Book of the Upper House it must of necessity be omitted in respect that through the great negligence of Anthony Mason Esq at this time as it should seem Clerk of the said House there are none of the said Lords noted to have been present yet it may be probably guessed who they were by those who attended on Wednesday of this instant April ensuing Quod vide The Judges and her Learned Councel being at the Woollsacks in the midst of the Chamber and at her Highness Feet at each side of her kneeling one of the Grooms or Gentlemen of the Chamber their Faces towards her the Knights Citizens and Burgesses all standing below the Bar her Majesty then stood up in her Regal Seat and with a Princely Grace and singular good Countenance after a long stay spake a few words to this effect or thus Mr right Loving Lords and you our right faithful and Obedient Subjects we in the name of God for his Service and for the safety of this State are now here Assembled to his Glory I hope and pray that it may be to your Comfort and the common quiet of our yours and all ours for ever And then looking on the right side of her towards Sir Nicholas Bacon Knight Lord Keeper of the Great Seal of England standing a little beside the Cloth of Estate and somewhat back and lower from the same she willed him to shew the cause of the Parliament who thereupon spake as followeth THE Queens most Excellent Majesty our most Dread and Gracious Soveraign hath Commanded me to declare unto you the Causes of your Calling and Assembly at this time which I mean to do as briefly as I can led thereunto as one very loth to be tedious to her Majesty and also because to wise men and well-disposed as I judge you be a few words do suffice The Causes be chiefly two The one to establish or dissolve Laws as best shall serve for the Governance of the Realm
and some Motions touching the severance or uniting of the Bills it was Ordered that the Bill be read again upon Thursday next The Bill concerning coming to Church and receiving of the Communion was read the first time Sir John S t Leger moved the House for his Mans Priviledge and it was committed to M r Recorder M r Bedoll and M r Dalton and they to meet this Afternoon at M r Recorders and make report to Morrow On Tuesday the 10 th day of April M r Speaker recited a Commandment from the Queens Majesty to spend little time in Motions and to avoid long Speeches The reason whereof being omitted in the Original Journal-Book of the House of Commons it is therefore supplied out of that often before-cited elaborate Journal more particularly mentioned at the beginning of this present Journal in manner and form following That this Advertisement grew of somewhat spoken by M r Bell the 7 th day of this instant April concerning Licences granted by her Majesty to do certain matters contrary to the Statutes wherein he seemed as was said to speak against her Prerogative but surely so orderly did he utter what he spake as those who were touched might be angry but justly to blame him might not be This Advertisement being thus transcribed out of the aforesaid Anonymous Journal now follows the residue of this days passages out of the Original Journal-Book of the House of Commons it self in form following Sir Owen Hopton moved for the Commission of Motions and Petitions to have the Council added unto them and also a greater number of others and delivered a Paper of Notes of the Motions made Upon a Motion made for M r Garnons who is reported to stand Excommunicate it is Ordered that he shall Answer it in the House Six Bills of no great moment had each of them one reading of which the last being the Bill touching Monasteries was read the first time M r Treasurer made report of the Committees doings for the Subsidy whose names see on Saturday the 7 th day of this instant April foregoing and brought in Articles which were well liked and thereupon the same Commissioners were appointed to proceed with the drawing of the Book Two Bills also had each of them their first reading of which the first was the Bill for the validity of Burgesses not resiant Touching matters of Religion M r Mounson brought report that the Bishops pray to have the Lords moved by this House to assign a Committee to confer with this House And thereupon it was Ordered presently that the same Commissioners do immediately go to the Lords with this Message to know their pleasure for appointing some to confer about the Book for Doctrine M r Treasurer returned report that the Lord Keeper hath Answered he will open it to the Lords Four Bills of no great moment had each of them one reading of which the second being the Bill for Cloth-workers was read the first time And the third being the Bill B. had its first reading Vide Maii 17. postea what Bill B. meaneth Sir Richard Read and M r Doctor Yale did bring an Answer to the Message viz. that the Lords have appointed twenty of themselves whereof ten of the Clergy and ten of the Temporalty to meet at two of the Clock this Afternoon in the Star-Chamber And thereupon were added by the House to the former Commissioners the Master of the Rolls Sir Henry Norrice Sir William Buts M r Austley M r Serjeant Manwood M r Stooks M r Fleetwood M r Carleton M r Eglenby M r Yelverton M r Dalton and M r Robert Snagg which meeting was about matters of Religion Vide abunde Maii 17. postea On Wednesday the 11 th day of April the Bill for Lestwithiell was read the first time M r Fleetwood brought in a Bill against Rogues The Bill against fraudulent Gifts and Conveyances was read the second time and was delivered to certain of the House to amend presently upon a Motion made by M r Dalton to have it to extend to the defrauding of Heriots Three Bills of no great moment had each of them one reading of which the second being the Bill for Sewers was read the second time and Ordered to be ingrossed And the Bill D. had its first reading Vide Maii 17. post what Bill D. meaneth M r Seckford Master of the Requests prayed longer time to consider of the Bill of fraudulent Gifts and Conveyances and that the Committees may be Sir John White M r Seckford Master of the Requests M r Serjeant Manwood Geoffry Loveland M r Mounson M r Bell M r Fleetwood M r Thomas Snagg M r Barber and M r Dalton to meet to Morrow in the Afternoon in the Temple Church The Bill for not returning persons of the Queens Majesties Houshold on Juries was read the first time The Bill for Bristol was read the second time and Ordered to be ingrossed Whereupon followed divers longSpeeches and Arguments touching the same Bill which being omitted in the Original Journal-Book of the House of Commons are here supplied out of that often before-cited Anonymous Journal of the same House more particularly mentioned at the beginning of this present Journal in manner and form following viz. M r Comptroller first moved that before some Committees were appointed both parties might be heard and the Controversy appeased M r Fleetwood argued that there might appear rashness or indiscretion in them who should now reverse what of late they had done but leaving to speak thereof he entred into a good Discourse of the Prerogative which might thereby be touched if they should endeavour to overthrow her Majesties Letters Patents to whom by Law there is power given to Incorporate any Town and she is Sworn to preserve her Prerogative he vouched the Clerk of the Parliaments Book to be that no man might talk of the Statute of Wills c. but that the King first gave Licence for that his Prerogative in the Wards was hereby touched He shewed likewise the Statute of Ed. 1. Ed. 3. and H. 4. with a saving of the Prerogative In King Edward the Sixths time Licence was sued for to the Lord Protector to talk of matters of Prerogative he remembred the Book of 2 Edw. 6. for the Parliament of Ireland called by the Chief Judge as is for him lawful where it was questioned what by Parliament might be done whether they might depart with any of the Kings Towns Forts or Piers it was agreed they might not and so he concluded that to talk thereof for as much as her Majesties Letters Patents and Prerogative were touched Rege non consulto was perillous He also made mention of the Statute which authorizeth all Merchants to Traffick by Sea Nisi publice prohibentur he saith others were prohibited M r Young of Bristol in the behalf of the Commons reasoned to this effect First Shewed the loss to the Queen of her Custom then the private Monopoly wrought and occasioned by the
an Error to stand The said Speech therefore of the Lord Keeper pronounced by her Majesties Commandment was as followeth viz. THE Queens Majesty our most Dread and Gracious Soveraign Lady hath given me Commandment to declare unto you the Causes of the Summons of this Assembly for a Parliament to be holden here at this time wherein albeit I mean to imploy my whole endeavour to the uttermost of my power and understanding yet I must needs confess that neither shall you have it done as the Majesty of this presence neither as the gravity of the Cause requireth it to be done And yet the often Experience that I have divers and sundry times had of the Queens Majesties great benignity and gentleness in bearing with and well accepting the doings of those that to her Service put their good wills and diligences And besides all the proof of your Patience in the like matter hath so much encouraged me that as I trust it shall be done although not cunningly nor eloquently yet plainly and truly so as it may be well understood and easily born away and therewith also as briefly as the greatness of such a matter will suffer True it is the original and principal cause is that things there propounded may be orderly and diligently debated deeply considered and thereupon wisely concluded And to the end also that those Conclusions so made the rather for such an universal Consent as in Parliament is used remain firm and stable Now the matters that are in this Parliament to be proved do consist altogether in two parts The former is in matters of Religion for the better maintenance of Gods Honour and Glory The second in matters of Policy for the more perfect upholding and establishing of the Queens Majesties Royal Estate and the preservation of the Common-Weal committed to her Charge The Causes of Religion are again to be divided into two that is into matters of Doctrine and Discipline The thing of Policy I mean also to part into other two that is into matter concerning the good Government of the Subjects at home and into causes of defence against the Enemy abroad And thus by this Process you see you are as indeed you ought First To consider in this your Assembly of Gods cause which faithfully sincerely and diligently done like as it cannot but bring success to all the rest so likewise lukewarm deceitful and double-dealing therein cannot but breed nourish and bring forth Factions Divisions Seditions c. to the great peril and danger of all the rest And the greater that the personages be in Authority and Dignity that thus deal the greater of necessity must be the danger of the Common-Weal And because Gods Law and Doctrine being the first Law and branch must light upon our selves that ought to take the benefit of it as first and chiefly upon Ministers of this Doctrine either for not preaching and teaching by word and example of life so purely and reverently as they might or else not so diligently as they were bound And secondly upon us for not hearing it so desirously or else hearing it and forgetting it or not following it so effectually as we should Thirdly For that many of us of the Laity do not yield and give that estimation countenance and credit to the Ministers of his Doctrine which of right they ought to have and that many greatly hurt the setting forth of it For this one thing may be holden firm by the Rules of good Government that all Officers both Spiritual and Temporal that have Governance during the time of their Offices ought to be preserved in Credit and Estimation For how can any thing be well set forth by them that want Credit Marry for my part let the time of their Offices last as their doings do deserve Fourthly Because the want of the number of Ministers that ought to be and be not and for the insufficiency of those that be for diverse respects But therein the Queens Highness doubteth nothing but all that which the difficulty of time in so great a scarcity of men meet to be Ministers will suffer to be done shall by my Lords the Bishops be done in this behalf and that as speedily diligently and carefully as can be And if any person admitted or to be admitted to this Ministry shall hereafter either of Arrogancy or Ignorance show any strange Doctrine contrary or varying from that which by common consent of the Realm is published to the breach of Unity that he by those to whom it appertaineth sharply and speedily be reformed all favour and fear set apart Thus much for Doctrine You are most earnestly also to think and consider of the Discipline of the Church as one of the strong Pillars of Religion which doubtless at this time hath two great lacks The first the imperfection of Laws for the countenance of it which hath grown either by reason that sundry of the Ordinances made for that purpose be disused or otherwise have not their force or else for that most of the Laws that remain be such as for their softness few men make account of The second imperfection is the slothfulness corruption and fearfulness of the Ecclesiastical Ministers and Officers in the due Execution of those Laws that be good and yet continue True and too true it is that hereby at this present two great Enormities daily grow The former that men of wealth and power given to be evil may in their Countries live what dissolute and licentious life they list and both Temporally and Spiritually offend daily in all the branches of Simony the very Canker of the Church without feeling of this Discipline The second That many of the laudable Rites and Ceremonies of the Church or pertaining to the Ministers of the same agreed upon by common consent the very Ornaments of our Religion are very ill kept or at least have lost a great part of their Estimation And here through the many faults for want of Discipline to remember you of one particular matter of great moment How cometh it to pass that the common people in the Country universally come so seldom to Common-Prayer and Divine Service and when they do come be many times so vainly occupied there or at least do not there as they should do but for want of this Discipline And yet to the help of this there was at the last Parliament a Law made but hitherto no man no no man or very few hath seen it Executed as plainly to speak Laws for the furtherance of this Discipline unexecuted be Rods for Correction without Hands It cannot be denied but as Superstition is every way to be abhorred for fear of Idolatry so certainly the loss of this Discipline is always to be avoided lest else contempt that necessarily must follow may cause Irreligion to creep faster in than a man would think For of all other it is the most pestilent and pernicious thing never suffered nor allowed in anyCommon-Weal nay not amongst the
blank or void place was read the second time but no mention is made that it was either Ordered to be ingrossed or referred to Committees because it had been sent from the Lords on Saturday the 14 th day of this instant May foregoing The Bill for the preservation of Timber and Fuel within twelve Miles of London and Subburbs of the same was read secunda vice and committed to the Earl of Worcester the Earl of Rutland the Earl of Essex the Lord Abergavenny the Lord S t John of Bletsoe and the Lord Compton The Bill for the assurance of certain Lands according to the meaning of Sir Thomas Woodhouse for the benefit of certain Infants was read secunda vice The Bill for repeal of a Statute made for the Town of Shrewsbury an 8 Reginae Eliz. was read secunda vice and committed to the Earl of Bedford the Earl of Essex and others The Bill also touching Presentations to Benefices by lapse was read the second time and committed unto the Archbishop of York the Earl of Rutland the Earl of Hartford the Bishop of Worcester the Lord Cromwell the Lord Ewers Justice Southcott and Justice Wray The Bill for keeping of the Assizes and Sessions in the Town of Stafford and the Bill for annexing the Sheriffwicks of Huntingtonshire and Cambridgshire were each of them read secunda vice Commisse ad ingrossand The Bill lastly touching Sea-Marks and that no Hoy or Plate shall cross the Seas was read prima vice and committed to the Earl of Suffolk the Earl of Leicester the Lord Burlcigh the Lord Darey de Chich. the Lord Cheyney the Lord Norris Serjeant Barham and Doctor Lewes Nota That this is not committed only upon the first reading but also a Serjeant and a Doctor who are but Attendants upon the Upper House are here made joint Committees with the Lords On Friday the 30 th day of May Two Bills of no great moment had each of them one reading of which the first being the Bill for inserting of the name of the Mannor of Havering at Bowre in a blank and void place of certain Letters Patents of the late King Edward the Sixth made unto certain persons of certain Lands and Tenements in West-ham in the County of Essex was read the third time and passed the House On Saturday the 31 th of May Four Bills of no great moment had each of them one reading of which the third being the Bill for renewing of a Statute made for the keeping of the Assises and Sessions within the Town of Stafford was read tertia vice conclusa And the fourth and last being the Bill against corrupt Presentations was read secunda vice commissa to the Earl of Rutland the Earl of Sussex the Lord Chandois and the former Lords nominated on Saturday the 17 th day of this instant May foregoing where this Bill was then read the second time and then committed On Monday the second day of June Two Bills had each of them one reading of which the second being the Bill for the assurance of certain Lands and Tenements according to the meaning of Sir Thomas Woodhouse for the benefit of certain Infants was read tertia vice conclusa On Tuesday the third day of June Two Bills of no great moment had each of them one reading of which the first being the Bill to renew a Statute made an 1 o of the Queens Reign inhibiting the transporting of Leather or Raw-Hides out of the Realm was read secunda vice commissa ad ingrossand On Wednesday the 4 th day of June the Bill touching a Statute made an 1 mo of the Queens Reign inhibiting the transporting of Leather or Raw-Hides was read tertia vice conclusa and sent down to the House of Commons by Serjeant Barham and Doctor Huick Four Provisoes annexed by the Commons to the Bill for Vagabonds with certain other Amendments in the said Bill were read secunda tertia vice conclusa communi Procerum assensu Three Bills were brought up to the Lords from the House of Commons of which the first being the Bill for avoiding of Recoveries suffered by Collusion of Tenants for term of life and such others was read prima vice The Bill touching Mary the late Scottish Queen was Ordered to be ingrossed The Bill for avoiding of Recoveries suffered by Collusion of Tenants was committed to the Earl of Rutland the Earl of Sussex and others but there is no mention made whether this Bill was at all read of which see a like President on Wednesday the 28 th day of May foregoing On Thursday the 5 th day of June the Bill touching Mary the Daughter and Heir of James the Fifth late King of Scots was read tertia vice conclusa and sent to the House of Commons by Serjeant Barham and the Queens Attorney Five Bills were brought up to the Lords from the House of Commons of which the second being the Bill against such as shall conspire or practise the enlargement of any Prisoner committed for High-Treason and the third for annexing of Hexham and Hexhamshire to the County of Northumberland were each of them returned conclusae The Bill for the better and further assurance of certain Lands and Tenements to the maintenance of the Free Grammar-School at Tunbridge in the County of Kent was read prima vice and committed to the Archbishop of York the Earl of Bedford the Earl of Hartford the Bishop of Chichester the Bishop of Rochester the Lord de la Ware the Lord Norris the Master of the Rolls and Justice Southcott Vide concerning this Bill on Monday the 9 th day Tuesday the 10 th day and on Wednesday the 11 th day of this instant June following The Bill that no Hoy or Plate shall cross the Seas and touching Sea-Marks was read secunda vice commissa ad ingrossandum Dominus primarius Justiciarius Banci Regis continuavit praesens Parliamentum usque in horam secundam post meridiem Nota That this continuance of the Parliament with some others that follow by the Lord Chief Justice of the Kings Bench was not without some express Authority given him by her Majesty but through the great negligence of Anthony Mason Esq at this time Clerk of the Upper House it doth not appear in the Original Journal-Book of the same whether the said Authority were given by Commission or otherwise About which hour in the Afternoon four Bills of no great moment had each of them one reading of which the third being the Bill for the true making of Hand-Guns Callivers c. and the last for Partition of certain Lands between the Lord Latimer and Sir Robert Wingfeild K t and their Heirs were each of them read prima vice Dominus Primarius Justiciarius Banci Regis continuavit praesens Parliamentum usque in diem Crastinum hora nona On Friday the 6 th day of June Four Bills of no great moment had each of them one reading of which the last being the
general and free Pardon was returned conclus This day also in the Afternoon the Queens Majesty with divers Lords Spiritual and Temporal were present in the Upper House of which the Knights Citizens Burgesses and Barons of the House of Commons having notice repaired thither with Robert Bell their Speaker who carried up with him the Bill of one Subsidy and two Fifteenths and Tenths and was placed at the Rail or Bar at the lower end of the said Upper House But both this manner of his coming up or what was else spoken or done this Afternoon in the said House is wholly omitted in the Journal-Book of the same through the great negligence of Anthony Mason Esquire at this time Clerk thereof and therefore the repairing up of the said Speaker with the residue of the Members of the House of Commons is Collected out of the Original Journal-Book of the same House and the substance of the said Speakers Speech with the Lord Keepers Answer at large are both supplied out of a Copy of the said Lord Keepers Speech which I had by me The Speaker standing close to the Rail or Bar in the-lower end of the Upper House as is aforesaid and after his humble Reverence made delivered his Oration to her Majesty to the effect following First He spoke touching sundry kinds of Government which had been in this Kingdom and so drew his Discourse to the present time Then he made a large enumeration of her Majesties many Vertues and of the many benefits which the Kingdom received by her Gracious Government After which he proceeded humbly to Petition her Majesty to make the Kingdom further happy in her Marriage that so they might hope for a continuing Succession of those benefits in her Posterity To which having added a compendious relation of such Acts as had passed the House of Commons he concluded with the Presentation of the Bill of Subsidy in their names unto her Majesty After which the Lord Keeper by her Majesties Commandment Answered as solloweth viz. M r Speaker The Queens Majesty our most Dread and Gracious Soveraign Lady hath heard and doth very well understand your Oration full of good will and matter The sum thereof may be reduced into five parts whereof the first containeth a Discourse of sundry kinds of Government from the beginning until this time The second the Commendations of her Majesties Vertues and of her great and gracious Government from the beginning with a remembrance of her Highness bountiful benefits The third concerneth the humble and earnest Petition moving her Majesty to Marry The fourth is a Declaration of Laws past in the Lower House with an humble Suit for her Highness Royal Assent to be given unto the same The fifth and last concerning a Presentation of a Subsidy granted in this Session As concerning the first which containeth the Discourse of sundry kinds of Government I see not that this time and place doth require any Answer to be given unto it other than this that you M r Speaker are much to be Commended for your diligent Collecting and also for the apt comparing of the last part of the same And as to the second which concerneth the Commendations of her Majesties great Vertue and good Government with the remembrance of the manifold benefits that you have received at her Majesties Hand her Highness hath Commanded me to say unto you that she wisheth of God with all her Heart that all those Royal Vertues and principal parts together with the great gifts of gracious Government that you make mention of were so perfectly planted in her as best might serve to the maintenance of Gods Glory from whom her Majesty confesseth all goodness to proceed and best also might serve for the good Governance of you her good loving and obedient Subjects and withal prayeth you with her and for her to give God hearty thanks for those Vertues and Graces that it hath pleased him to bless her withal and also to pray for the continuance of them with such increase as shall best like his Divine Majesty And besides this I may and dare certainly affirm unto you by her Majesties own Mouth that if the Vertues of all the Princes in Europe were united within her Highness Breast she should gladly imploy the same to the best of her Power about the good Governance of you that be so good and loving unto her so great is her Highness good will and inward affection toward you Again true it is that these your loving and reverend conceivings of the Vertuous and Gracious Government of your Soveraign is taking by her Majesty in very thankful part as a special and peculiar property pertaining to faithful and loving Subjects neither will her Highness admit of any occasion that may move you to conceive otherwise than you have neither do I think that any man can devise any more ready or any more strong perswasion to move a Princely nature to be such towards her Subjects as they can wish than by such good reverend and loving conception and conceiving remembred by you To conclude as touching this point I am to affirm unto you from her Majesty that she taketh your Proceedings in the Parliament both in the midst and also in the ending so graciously and in so thankful part that if both parts and nature did concur in me abundantly to make me Eloquent as neither of them do yet I am sure I were not able to set forth this point according to her Highness desire or to the worthiness of it And for the more manifest Declaration of this and of the great good liking her Majesty hath conceived of you that be of this Parliament her Highness meaneth not to determine the same but to Prorogue it until the next Winter And as both Cognizance and Recognizance of benefits her Majesties Pleasure is that I should declare unto you that there is none of these benefits received by you but she wisheth them trebble in number and quadruple in greatness and goodness And further her Highness thinketh that the faithful recognizing of benefits received is one of the greatest satisfactions that a Subject can make to his Soveraign for them And as to the third which concerneth your humble earnest Petition it proceedeth from your inward affections and benevolent minds founded and grounded upon the great good opinion that you have conceived of your Majesties most gracious Government over you according to the Declaration made by you a matter greatly moving her Majesty the rather to allow of your Petition The second note importeth yet more than this for therein she conceiveth that this great good opinion of this blessed Government is not conceived by you as it appeareth by your own Declarations upon any sudden ground or cause but hath grown upon the consideration of her Highness Governance during the Reign of seventeen Years now past whereby it is evident that this is a setled and constant opinion of yours and therefore much the more moving her Majesty to
City of London was read the second time and Ordered to be ingrossed Upon sundry Motions this day made touching the further proceeding with or delivery of Charles Johnson Prisoner in the Serjeants Ward it was Ordered that the matter be referred to be further resolved to Morrow next sitting the Court. Vide concerning this matter on Monday the 13 th day of this instant February foregoing On Thursday the 16 th day of February the Bill for one Subsidy and two Fifteenths and Tenths was read the first time Vide concerning this Bill of the Subsidy on Wednesday the 27 th day of this instant February ensuing Mr. Lieutenant of the Tower Sir Nicholas Arnold and Mr. Serjeant Lovelace were appointed to Examine the matter touching the Arrest of Mr. Hall's Servant before Mr. Speaker at his Chamber this Afternoon Vide concerning this matter on Saturday the 10 th day of March ensuing The Bill touching the making of Woollen Cloths in the Counties of Wilts Somerset and Gloucester was read the first time Mr. Doctor Berkley and Mr. Powle brought from the Lords the Bill against excess in Apparel and the Bill for Confirmation of Letters Patents The Bill touching the making of Woollen Cloths was committed unto Mr. Comptroller Sir Rowland Hayward Sir John Thynne and others who were appointed to meet upon Saturday next at the Guild-hall at two of the Clock in the Afternoon The Bill lastly for assurances of Lands late of Edward Dacre was read the second time and Ordered to be ingrossed On Friday the 17 th day of February Five Bills of no great moment had each of them one reading of which the fourth being the Bill against making of double double Ale and double double Beer and the fifth against Inholders and Tiplers were each of them read the first time and committed unto Sir Henry Gates Sir Rowland Hayward Mr. Edward Popham and others who were appointed to meet to Morrow in the Afternoon at Westminster-Hall at three of the Clock Two Bills also of no great moment had each of them one reading of which the second being the Bill against the dangerous abusing of Daggs Pistolets c. was read the second time and committed unto Mr. Secretary Smith Mr. Comptroller Mr. Lieutenant of the Tower and others to meet upon Tuesday next in the Exchequer Chamber at two of the Clock in the Afternoon The new Bill for reformation of Errors in Fines and common Recoveries was read the first time Upon sundry Motions it was concluded by this House that according to the old precedents of this House Mr. Serjeant Ieffrie being one of the Knights returned for Sussex may have Voice or give his attendance in this House as a Member of the same notwithstanding his attendance in the Upper House as one of the Queens Serjeants for his Councel there as the place where he hath no Voice indeed nor is any Member of the same The Bill for reformation of Under-Sheriffs and other Officers was read the second time and committed on the day next following Quod nota On Saturday the 18 th day of February Six Bills of no great moment had each of them one reading of which the last being the Bill for cutting and working of tanned Leather was read the first time and committed unto Mr. Treasurer Sir Nicholas Arnold Sir John Thynne Sir George Bowes and others to meet upon Tuesday next at the Guildhall at two of the Clock in the Afternoon The Bill for assurance of Lands to be made without Coven was read the second time and argued unto by Mr. Ireland Mr. Fenner Mr. Brickhed Mr. Mersh Mr. Flowerdewe Mr. Popham and others Mr. Comptroller Sir John Finch Sir Henry Gate Sir Morrice Berkley Sir Arthur Basset and divers others were appointed to meet to Morrow in the Afternoon in the Temple Church at two of the Clock in the Afternoon upon the Committee of the Bill of Sheriffs On Monday the 20 th day of February Four Bills of no great moment had each of them one reading of which the first being the Bill for one Subsidy and two Fifteenths and Tenths was read the second time and Ordered to be ingrossed Vide concerning this Bill on Monday the 27 th day of this instant February ensuing The Provisoes also to the Bill for reformation of Errors in Fines c. were twice read and Ordered to be ingrossed Upon the Question and also upon the Division of the House it was Ordered that Edward Smalley Yeoman Servant unto Arthur Hall Esquire one of the Burgesses for Grantham shall have priviledge Vide concerning this matter on Saturday the 10 th day of March following On Tuesday the 21 th day of February Six Bills of no great moment had each of them their first reading of which the first was for the perfecting of Grants made by the Dean and Chapter of Norwich and the second was touching certain Prisoners in Execution escaped out of the Kings Bench. Four Bills also of no great moment had each of them their third reading and passed the House and were sent to the Lords by Mr. Treasurer and others of which one was for the Freemen of the City of London and another of Woodstock The Masters of the Request M r Recorder M r Attorney of the Dutchy M r Sampoole and Mr. Snagg were appointed to meet at the Rolls Chappel between two and three of the Clock this day in the Afternoon touching the manner of delivery of Mr. Hall's Servant Vide de ista materia on Saturday the 10 th day of March following The Bill for reformation of Errors in Fines and common Recoveries was read the third time and passed the House and a Proviso to the same Bill was thrice read The Committees in the Bill for Jeofailes were appointed to meet to Morrow in the Afternoon in Serjeants-Inn in Chancery-lane at two of the Clock Two Provisoes to the Bill for the true payment of the Debts of William Isley Esquire were twice read and with the Bill Ordered to be ingrossed Two Bills finally of no great moment had each of them one reading of which the second being the Bill for Butlerage and Prisage of Wines was read the second time and committed unto Mr. Treasurer Mr. Secretary Smith Mr. Chancellor of the Dutchy Mr. Chancellor of the Exchequer and others who were appointed to meet on Friday next in the Afternoon in Chequer Chamber at two of the Clock On Wednesday the 22 th day of February Three Bills of no great moment had each of them one reading of which the last being the Bill for the true payment of the Debts of William Isley Esq was read the third time and passed upon the Question Nota Report was made by Mr. Attorney of the Dutchy upon the Committee for the delivery of Mr. Hall's Man that the Committees found no precedent for setting at large by the Mace any person in Arrest but only by Writ and that by divers precedents of Records perused by the said Committees it appeareth
of the same Parliaments for certain causes the House then moving disabled for ever afterwards to be any Member of this House at all hath of late brought a Writ against the Inhabitants of the said Borough for his wages amongst other times in attendance at the late Session of Parliament holden at Westminster in the 27 th year of her Highnesses Raign during which time as also a great part of some other of the said former Parliaments he did not serve in the said House but was for some causes as aforesaid disabled to be any Member of this House and was also then committed Prisoner to the Tower of London And so prayeth the advice and order of this Honourable House therein unto the censure and order whereof the said Inhabitants do in most humble and dutiful wise submit themselves And so shewed the said Writ which was then read by the Clerk After the reading whereof and some speeches had touching the former proceedings in this House against the said M r Hall as well in disabling him to be any more a Member of this House as also touching his said imprisonment the matter was referred to further consideration after search of the Precedents and Entries of this House heretofore had and made in the course of the said cause Vide diem Veneries 2 um diem Decembris diem Mercurii 22 um diem Martii postea M r Treasurer shewed that the Committees in the Cause for Conference to be had touching the answer to be made by this House to the Message lately delivered from her Majesty did meet according to the Commission of this House and after long and much debating and many great arguments it appeared very evidently by most strong reason that no other way whatsoever can be taken for the safety and continuance of true Religion of her Majesties most Royal Person and of the peaceable Estate of this Realm but only by Justice to be done upon the Queen of Scots according to her demerits Which Justice as her Majesty ought of duty to cause to be done so they resolved utterly to insist upon the prosecution of the former Petition unto her Highness as the one only way and none other to be performed in the said Cause And so left to some other of the said Committees the more particular discourses of their said Conferences Whereupon M r Vice-Chamberlain very excellently plainly and aptly shewed the manner of their Treaty in the said Conference and of the Reasons therein both brought and confuted touching any manner of possible or conjectural course of the said safety other than only by the death of the said Queen of Scots as neither by likelihood of reformation in her Person hope of strait guarding or keeping of her or of any caution of hostages to be taken for her reciting and applying most apt and invincible reasons in the several proofs thereof and so concluding his own opinion also only to be such and none other wished that if any member of the House could concèive or shew any other course or device tending to the purport of the said Message than hath been erst now remembred or in the said Committee offered he would shew the same And if not that then M r Speaker would move the question for the consent of the whole House to the continuance of prosecuting that said Petition together with the said Committees Whereupon after some little pause and none offering any speech to other end M r Speaker moving the question to the House it was resolved by the whole House to insist only upon the said Petition accordingly And also after sundry other speeches had tending all to the same resolution and some of them urging the remembrance purpose and present consideration of the former Association it was ordered that to morrow when the Lords do sit in the Upper House the former Committees of this House M r Robert Cecill being now added unto them do repair unto their Lordships for Conference with their Lordships touching the said resolution of this House in answer to her Majesties said Message And also with request to their Lordships to give Licence unto this House to join with their Lordships in the said Answer to her Majesty if it so please them M r Comptroller shewing his full assent and good liking of the said conclusion touching the prosecution of the said Petition only and of none other course at all as well in his former delivery thereof upon treaty of the said cause as now at this present declared further That he thinketh himself to have been in some of his late former speeches in that matter mistaken and misconceived by some of this House rather of ignorance in them he thinketh than of any evil disposition and purpose and so affirming earnest and devout prayer to God to incline her Majesties heart to the Petition of this House as a thing much importing he moveth that some apt and special course of prayer to that end might be devised and set down by some of this House and be not only exercised here in thus House every day but also by all the members of this House elsewhere abroad and also privately in their Chambers and Lodgings M r Treasurer liking well the motion and good meaning of M r Comptroller touching Prayer to be exercised as before shewed that fit Prayers for that purpose and extant in print are already used in this House and so may also be by the Members of the same privately by themselves and doth willingly wish the same might be so executed accordingly Sir John Higham assenting very readily to the continuation of pursuing the said Petition urged further very zealously and earnestly the burthen of the Oath of Association and so thereby amongst other things of great and necessary consideration and importance prayeth her Majesty may be solicited to the speedy execution of Justice upon the person of the Queen of Scots Mr. Recorder bending many Speeches and reciting many Precedents of Petitions in former times granted by sundry of her Majesties most noble Progenitors Kings of England to the subjects of this Realm at the humble Suits and Petitions of the Speaker and Commons of the Lower House which the Lords of the Upper House in those days could not obtain at their hands doth not only perswade very earnestly the said insisting of this House upon the said Petition but also undoubted assuredness of her Majesties granting and performing of the same as a thing answerable both unto her Highness most merciful loving and tender care over her good Subjects as also to the very necessity of the case Mr. Cope moved that Mr. Speaker might put it to the Question for the resolution of this House touching the prosecution of the said Petition with all good and fit speed Mr. Chancellor of the Exchequer putting the House in remembrance of their resolution therein given already even now at this very instant Court upon the Question then propounded by Mr. Speaker moved the going forward
her Majesties Reign viz. in Anno 39 Anno 43. and in these latter times of King James and our present Soveraign his Son these are seldom or never nominated as Committees but only as Assistants to the Committees to give their advice if they shall be required and not otherwise And though the Clerk of the Parliament might at some time mistake and err in setting down such for Committees as were only Commanded to be Attendant upon or Assistant unto the said Committees yet that he should so often mistake in so many Parliaments and the rather because such Committees are frequently named divers times in sundry of the several Sessions it is most unlikely and improbable On Friday the 14 th day of February the Bill for the more speedy payment of Fines and Tenths was read prima vice Memorand The Lords Committees brought in the Bill concerning Captains and Souldiers with Amendments and by reason of divers defects in the same Bill they had framed a new Bill which new Bill by the consent of all the Lords was received and read prima vice Two Bills had each of them one reading of which the first being a Bill touching Constats of Original Conveyances made to the Queens Majesty was read secunda vice And the second being a Bill to save discontinuance of Writs of Error upon Errors in the Court of Exchequer was read secunda vice commisia Archiepiscopo Cantuar ' Ebor ' Domino Senesechallo three Earls three Bishops six Barons Magistro Rotulorum Servienti Shuttleworth Magistro Attornato Sollicitatori Dominus Cobham Dominus Stafford robis Parliamentariis induti introduxerunt Dominum Talbot eúmque ad locum suum perduxerunt praeeunte Gartiro principali Reg. Armorum qui etiam tunica armorum indutus erat On Saturday the 15 th day of February to which day the Parliament had been last continued three Bills were read whereof two of them the first being a Bill for maintenance of Houses of Husbandry and Tillage and the second being a Bill for Horse-stealing and House-burning were read secunda vice tunc commissae Domino Thesaurario 4 Comitibus 2 Episcopis 8 Baronibus Justiciar ' Gawdie Servienti Puckering Sollicitatori Reginae On Monday the 17 th day of February to which day the Parliament had been last continued four Bills were read of which the first being a Bill for reformation in excess of Apparel was read secunda vice commissa Domino Thesaurario 3 Comitibus 2 Episcopis 6 Baronibus Servienti Shuttleworth Sollicitatori Reginae Quod nota On Tuesday the 18 th day of February to which day the Parliament had been last continued were four Bills read whereof the first being a Bill providing remedy against discontinuance in Writs of Error in the Exchequer and Kings Bench was read tertia vice conclusa and sent to the House of Commons by Serjeant Shuttleworth and Dr. Aubery with three other Bills On Thursday the 20 th day of February to which day the Parliament had been last continued were four Bills read of which the first being a Bill for having Horse-Armour and Weapons was read prima vice On Saturday the 22 th day of February to which day the Parliament had been last continued were three Bills read of which the last being a Bill concerning Captains and Souldiers was read tertia vice conclusa and together with the two Bills aforesaid sent to the House of Commons by Serjeant Puckering and Doctor Ford. Three Bills were also sent from the House of Commons viz. a Bill concerning Informers and two others of no great moment On Monday the 24 th day of February to which day the Parliament had been last continued were four Bills read whereof one of them being a Bill for Writs upon Proclamation upon Exigents to be Currant within the County Palatine of Durham was read secunda vice commissa Justiciario Gawdie Quod nota On Tuesday the 25 th day of February to which day the Parliament had been last continued were two Bills read whereof the first being a Bill concerning Informers was read prima secunda vice conclusa and so expedited And the second being a Bill for the abridgment of Proclamations upon Fines to be levied at the Common Law was read secunda vice wherein the Lords finding some imperfections sent down Serjeant Shuttleworth and D r Clark to the lower House to pray a Conference with some of that House which being yielded the Lords Ordered for Committees the Lord Treasurer the Lord Steward the Bishop of Winton the Lord Cobham the Lord Buckhurst and the Lord Chief Justice of the Common Pleas to attend the Lords Nota That here one of the Judges is particularly nominated to attend upon the Lords Committees which may further prove that in all those former places where the Judges or the Queens Learned Council are named as Committees it is no Error nor mistake of the Clerk So that hence the difference may very well be gathered to be this That where a Committee of the Lords was formerly used to be selected out to meet with another Committee of the House of Commons here neither the Judges being but Assistants nor the Queens Learned Council being but Attendants of and upon that House were ever nominated or appointed as Joint Committees with the Lords because the very Members of either House only are then admitted to partake of such matters of weight and secrecy as they do there commonly confer upon But when the Lords do amongst themselves appoint a Committee to consider only of some ordinary Bill that is to pass their House and especially if the Bill do concern matter of Law here it antiently hath been used and may still without any prejudice to the honour of that House be continued that the Kings Learned Council but especially the Judges may be nominated as Committees alone or as Joint Committees with the Lords for in regard that nothing can be absolutely concluded at a Committee all matters shall still depend upon the resolution of the House and so no inconvenience shall ensue thereupon After the Committees of both Houses had met the Lords Committees proceeded to the Amendment of the Bill and afterwards this present day the Bill and Amendments received their second reading and passed the House and was sent down to the House of Commons to be amended by them by D r Carew and M r Sollicitor It appeareth by the Journal-Book that the House of Commons having yielded to a Conference did presently chuse Committees and sent them up to the Upper House Two other Bills had each of them one reading in the House and one Bill was sent up to the Lords from the House of Commons all being of no great moment On Thursday the 27 th day of February to which day the Parliament had been last continued two Bills of no great moment had each of them one reading of which the first being a Bill for reformation of excess in
ingrossing thereof and so the Bill upon the question and division of the House was passed by the yielding of the negative Voices without going through with telling of the whole numbers on both sides and was sent presently up to the Lords by Sir John Parrot and a little after two other Bills the one to avoid Horse-stealing and the other touching forcible Entries were likewise sent up to the Lords by Mr. Treasurer and others The Bill against such as steal and imbezel the Goods Chattels or Treasure of her Majesty being put in trust with the same was read the first time The Bill that Aliens Children shall pay Strangers Customs was read the third time and a Proviso added unto it thrice read the Bill and Proviso upon the question and division of the House dashed with the Yea sixty four and with the No seventy four Mr. Doctor Cary and Mr. Powle do bring from the Lords the Bill for relief of the City of Lincoln with an Addition of this word yearly added to their former Amendments for the explaining of the same Amendments All which Amendments being thrice read were upon the question assented unto by this House Nota That this Bill was brought down from the Lords to the House yesterday and therefore it should seem upon some doubts the House made touching their Lordships Amendments it was carried back again and those Amendments explained by the word above-mentioned and so being brought down again this day the said Amendments were thrice read and passed the House On Saturday the 29 th day of March Mr. Doctor Stanhop and Mr. Powle do bring from the Lords the Bill lately passed this House for continuation and perfecting of certain Statutes with a Schedule unto the same added and annexed by their Lordships and the same Schedule being thrice read passed upon the Question The Bill for the relief of the City of Lincoln being perfected according to the Amendments of the Lords and the Bill also for continuance of Statutes with the Schedule to the same were sent up to the Lords by the Master of the Wardrobe and others The Amendments of the Committees of this House to the Bill against excess of Apparel was denied upon the Question to be opened unto the House The Bill against such as steal or imbezel the Goods Chattels or Treasure of her Majesty was brought in again by Mr. Harris one of the Committees in the same as not to be sufficiently considered of for lack of time the same Bill consisting of many parts Mr. Serjeant Puckering and Mr. Serjeant Shuttleworth did bring word from the Lords that their Lordships do pray present Conference with some twenty or more of this House to meet with their Lordships in the nether room of the Upper House and the rest not to depart until the return of the same Committees Whereupon were appointed for that purpose all the Privy Council of this House Sir William Hatton Mr. Wroth Mr. North Mr. Lieutenant of the Tower Mr. Wade Mr. Mills Mr. Juers Mr. Henry Grey Sir Edward Dymock Mr. Robert Bowes Mr. Harris Mr. Heydon Mr. Francis Moore Sir George Barne Mr. Robert Cecill Mr. Shirley Mr. Dyer Mr. Hare Mr. Ralph Bowes Sir Francis Hinde Mr. Preston Mr. White Mr. Hill Mr. Henry Brooke and the Master of the Jewel-House Mr. Treasurer in the name of the rest of the Committees did bring word from the Lords that their Lordships have had Conference amongst themselves of the great practices and Treasons heretofore intended against her Majesties Person State and Kingdom And therefore ..... What should here follow is wholly omitted by the great negligence of Mr. Fulk Onslow at this time Clerk of the House of Commons as also the Speeches of Mr. Vice-Chamberlain of Mr. Secretary Wolley of Sir John Parrot Mr. Comptroller and of Mr. Fortescue for the inserting of which said Speeches there is left a blank of near upon two whole Pages and yet it may be probably gathered what the scope and end of all the said several and respective Speeches were out of a question following which Mr. Speaker propounded at the end of them viz. That seeing most of all those Treasons which had been practised against her Majesty had been either Plotted in Spain or procured by Spain and all the Rebellions during her Highness Reign raised either in England or Ireland had been countenanced from thence to which as the upshot of all that his late intended ambitious and blood-thirsty Conquest yet fresh in memory may be added That therefore her Majesty would be pleased to denounce open War against him the said King of Spain as against a most dangerous Enemy of her Majesty and her Realms Upon the said Speeches Mr. Speaker maketh the question and thereupon it was resolved by the whole House for joining with their Lordships in request to her Majesty to be delivered by the Mouth of Mr. Speaker for concurring with their Lordships for denouncing of War against the King of Spain at the time of his going up with the Subsidy and after the offer and delivery of the same Subsidy Mr. Doctor Cary and Mr. Doctor Stanhop did bring from the Lords two Bills viz. The Act of the Queens Majesties most gracious and free Pardon and also the Act of four Fifteenths and Tenths and two Subsidies which had before passed this House The Bill of the Queens Majesties most general and free Pardon being once read passed thereupon Which said Bill so passed was presently sent up to the Lords by M r Fortescue and others Nota That this is all which is found in the Original Journal-Book of the House of Commons and therefore the Conclusion and Dissolution of this Parliament next ensuing are supplied out of that of the Upper House Her Majesty being as it should seem this very Forenoon come unto the Upper House and there set the House of Commons having notice thereof with Serjeant Snagg their Speaker repaired thither who after his delivery of the Bill of Subsidy did move her Majesty as may be very probably conjectured according to the former resolution had this day in the said House as aforesaid that her Majesty would be pleased to denounce open War against the Spanish King who had so lately threatned destruction to her Majesty and her Realms by that his not long since open and Hostile Invasion After which her Majesty having given her Royal Assent unto the passing of sixteen publick Acts and eight private Acts being all the Statutes that passed this Parliament Sir Christopher Hatton Knight Lord Chancellor by her Majesties Commandment Dissolved the same THE JOURNAL OF THE House of LORDS An Exact and perfect Journal of the Passages of the House of Lords in the Parliament holden at Westminster Anno 35 Reginae Eliz. Anno Domini 1592. which began there on Monday the 19 th Day of February and then and there continued until the Dissolution thereof on Tuesday the 10 th Day of April Anno Domini 1593. THERE is little extraordinary in
we were so secure and never thought that the King of Spain would have set up his Rest for England Then sent he his Navy termed Invincible and was almost upon the Banks of us before we were aware Yea we were so slack in provision that it was too late to make resistance had not God preserved us His attempt against us by seeking to win the Low-Countries and to obtain Ireland being but trifles and partly devices which I mean not to trouble you with he hath now of late gone about to win France wherein he hath greatly prevailed as in Lorrain and in other parts as you have heard but specially in Britany having most part of the Port Towns in his Possession whither he still sendeth supply daily and reinforces them every four or five Months which part is always open and his men and forces never wanting This Province he especially desireth for it lyeth most fitly to annoy us whither he may send forces continually and there have his Navy in a readiness the which he could not so easily unless he had the wind in a bag Besides having this Province he might keep us from Traffick to Rochell and Burdeaux as he doth in the Straights from Tripoly and S t Jean de Lucc And so hinder us from carrying forth and bringing into this Land any Commodities from those parts whereby the Realm might be inriched and her Majesties Impost ever eased being one of the greatest Revenues of her Crown He hath also gone about with them of Stade and the King of Poland one of his own Faction and who by reason he cannot do in that Kingdom what he listeth he may not so easily command him to impeach or hinder our Traffick in those Eastern parts which if he could bring to pass you see how hurtful it would be to this Land But to descend yet lower into these latter Actions He hath seen it is but a folly to make Woodden Bridges to pass into Ireland therefore he hath found out a safer way and stronger passage into it by Land and that by Scotland which though it be not talked of on the Exchange nor Preached at Paul's Cross yet it is most true and in Scotland as common as the high-way That he hath procured unto him many of the Nobility It may be he hath sent thither no great Navy and that her Majesty would not suffer him to do yet do what she can some one Paltry Fly-Boat may escape her Majesties Ships and carry gold enough in her to make them Traytors and stir them to Sedition These things her Majesty understood before and Advertized the King thereof which the effect hath proved to be true For unless I be deceived the last Letter that came from thence might shew that the King is gone to make a Rode into the North and to bring back the Lord Bothwell and the Lord Huntley The King of Spain's malice thus daily increaseth against us and seeketh also to stir up Sedition amongst us by his Instruments The number also of Papists daily increaseth or at least wise becomes more manifest My advice is that you would consult how to withstand such imminent dangers which the greater they be the sooner they would be looked into and remembred Wherefore I would desire M r Speaker that he would appoint some Committees of the sufficientest and wisest men in the House to consider thereon Sir John Wolley spake to the like Effect saying that upon the Cause of the danger the Realm was now in and of the remedy his Speech should consist which he likened to a natural Body in which the more danger the principal Member was in the greater means there should be used for the preservation thereof Roan being made now Admiral of France by the League should say that he was a poor Admiral now but yet he doubted not ' but that shortly he should be able to bring such a Navy as should terrify the Queen of England Also he shewed how the Princes of the Holy League had conspired the overthrow of the Realm the extirpation of Religion and the confusion of her Majesty and her Loyal Subjects And exhorted the House now because the season of the year groweth on which calleth many of the Knights and Burgesses to be in their Countries besides the Sickness being in the Town so that many of that House he thought knew not whether they lodged in Houses infected or not that they would seek to dispatch and end the Parliament so soon as might be He also shewed how the Dunkirkers trouled our Fishermen in small Barks upon the Sea-coasts And so that this matter might be Committed to some of the sufficientest in the House He also exhorted the House to a speedy agreeing of a Subsidy which considering the dangers we were in and that it was for our own good as also for her Majesty's he hoped that no good Subject but would willingly agree to it Also he shewed that the Wars with the King of Spain had cost her Majesty a Million of Money but this he avouched that where it cost her Majesty one it cost the King of Spain three Then Sir John Fortescue spake and said They that spake before me spake sufficiently of the Authors of our trouble of the great danger which is now imminent insomuch that as it is come to that point now Non utrùm imperare sed utrùm vivere I will speak of nothing but that which concerns my Calling Her Majesty not being only careful for the preservation of Her own Realm but of her Neighbours also she hath not only defended her own Subjects from being invaded but also hath aided Strangers which wanted Money with whom otherwise it would have gone ill by this time both with them and ourselves Insomuch that the burthen of four Kingdoms hath rested upon her Majesty which she hath maintained with her Purse England France Ireland and Scotland For how could the French King at his first coming to the Crown have held out against those Leaguers had not her Majesty assisted him with her Men and Money which hath cost her Majesty about a hundred thonsand pound For 't is well known that the French King had not been able to withstand the Duke of Parma's coming into France had it not been for our Englishmen and Money As for the Low Countries they have stood her Majesty in yearly since she undertook the defence of them one hundred and fifty thousand pound All which her Majesty bestowed for the good of the Realm to free us from War at home Besides when her Majesty came to the Crown she found it four Millions indebted her Navy when she came to view it she found greatly decayed Yet all this hath discharged and thanks be to God is nothing indebted and now she is able to match any Prince in Europe which the Spaniards found when they came to invade as Yea she hath with her Ships compassed the whole world whereby this Land is made famous throughout all places
should meet upon Saturday next at two of the Clock in the Afternoon in the Exchequer for drawing the Articles and Preamble of the said Bill accordingly to the end the same Articles and Preamble being considered of afterwards by this House the same may be delivered by Mr. Speaker to her Majesties Learned Council for the framing and drawing of the said Bill Now in the next place there ensueth the Relation of her Majesties sending for the Speaker yesterday and of the Message which she gave him in Command to deliver to the House all which he declared at large this day as it is very elaborately and fully set down in the Anonymous Journal mentioned more particularly at the beginning of this present Journal and therefore it is wholly inserted out of it and the rather because it is almost wholly wanting in the Original Journal-Book it self there being one whole blank Page and a good part of another Page left unwritten with intention doubtless at first to have inserted it although it was afterwards very negligently omitted by Mr. Fulk Onslow Clerk of the said House of Commons It is therefore as is aforesaid very fitly supplied out of the Anonymous Journal in manner and form following viz. After these Speeches before set down touching the Subsidy M r Speaker stood up and said That he had a Message to deliver from her Majesty to the said House Yesterday a great number of this House after many Speeches used delivered two Bills to me Which Bills though not read yet were diversly spoken of They being long the matters grave and of great importance and the day being almost spent I desired further time to consider of the parts of the Bills I humbly thank this Honourable House time was freely granted me It being almost twelve of the Clock I had perused and read both the Bills I have them about me and they have been continually with me ever since they were delivered unto me Never any mans eye more than my own ever saw one word of them A little after I had perused the Bills I was sent for by a special Messenger from her Majesty Coming in her Royal presence I was commanded to deliver these words from her most Excellent Majesty unto the Body of the Realm for so she termed this House The matter I have to speak is great yea it is the greatest matter that ever I had to deal in Wherefore I pray God to direct mentem linguam hanc I must be short for her Majesties words were not many And I may perhaps fail in the delivery of them For though my Auditors be great yet who is so impudent whom the presence of such a Majesty could not appal And it did greatly fear me when I saw none of these honourable persons in her presence who were present at the holding of the matter in this House Yet God in his Providence had appointed it That even in this while came in some of the persons here present who if I fail in delivering what is given me in Charge can report it unto you And I am glad there are Witnesses with me in this Action what was my faithful service for this House I protest a greater comfort never befel me than that this my integrity and faithful promise to this House is not violated For her Majesty in her most gracious Wisdom before my coming determined not to press me in this neither indeed did she require the Bill of me for this only she required of me what were the things in the Bill spoken of by the House which points I only delivered as they that heard me can tell The Message delivered me from her Majesty consisteth in three things First The end for which the Parliament was called Secondly The Speech which the Lord Keeper used from her Majesty Thirdly What her Pleasure and Commandment now is For the first it is in me and my Power I speak now in her Majesties Person to call Parliaments it is in my power to end and determine the same it is in my power to assent or dissent to any thing done in Parliaments The calling of this Parliament was only that the Majesty of God might be more religiously served and those that neglect this service might be compelled by some sharp means to a more due Obedience and more true service of God than there hath been hitherto used And further that the Safety of her Majesties Person and of this Realm might be by all means possible provided for against our great Enemies the Pope and the King of Spain Her Majesties Pleasure being then delivered unto us by the Lord Keeper it was not meant we should meddle with matters of State or Causes Ecclesiastical for so her Majesty termed them She wondred that any could be of so high commandment to attempt I use her own words a thing so expresly contrary to that which she had forbidden Wherefore with this she was highly offended And because the words then spoken by my Lord Keeper are not now perhaps well remembred or some be now here that were not then present her Majesties present charge and express Commandment is that no Bill touching the said matters of State or reformation in Causes Ecclesiastical be exhibited And upon my Allegeance I am Commanded if any such Bill be exhibited not to read it c. Thus far out of the said Anonymous Journal On Thursday the first day of March Four Bills of no great moment had each of them one reading of which the first being the Bill against Strangers born to sell by way of retail Foreign Wares brought into this Realm was read the first time Mr. Serjeant Yelverton one of the Committees for the examination of the Election and Return of the Members of this House and also of the Cases for Priviledge appointed on Monday the 26 th day of February last past happening to fall out during this present Sessions of Parliament shewed that he and the residue of the Committees for those Causes did meet yesterday in the Afternoon according to the Commission of this House to them in that behalf and that having then some Cases brought unto them both touching Elections and Returns in sundry sorts and also one Case of Priviledge touching one Mr. Fitzherbert Elected a Member into this House and alledged to be Outlawed upon Judgment shewed that the greater number of the said Committees having travelled in these Cases did impose upon him the Charge of making the Report thereof unto this House Which because he would gladly do in such wise as the more part of the said Committees had assented unto he had set down the same he said in a Note for his better remembrance in writing And so particularly recited theState of the saidCases treated of amongst the said Committees and to be so reported over unto this House for the further resolution and order of this House to be had in the same After which words although there follow some four lines more in the
themselves consider of the Subsidy without joining These following spake for the Subsidy especially inforcing the necessity of it Sir William Moore shewed first That her Majesty had more Cause to have the Subsidy than had H. 8. E. 6. or Queen Mary for H. 8. his Wars continued not though they were violent for the time His Wars were impulsive and not defensive He had the suppression of all the Abbies a matter of great riches unto him He had a Benevolence and then a Subsidy paid within three Months Edw. 6. had Chantries and all the Church Plate for relief paid him Queen Mary had a relief paid her which she never repaid But her Majesty that now is hath been a continual defence of her own Realm and her Neighbours Kingdoms England Ireland France and the Low Countries yet hath she repaid the Loans and had not such helps Sir George Carey said I speak for the Subsidy first answering one that had said we must regard them and their Estates for whom we be here saying he regarded and came for them as was meet and they will more thank us for taking somewhat from them than if we should abandon them and leave them and all that they have to the spoil of the Enemy which will be if with Forces we provide not to withstand them For eminent dangers hang over our heads and are intended to us this Summer The Spaniard already hath sent seven thousand Pistolets of Gold into Scotland to corrupt the Nobility and to the King twenty thousand Crowns now lately were dispatched out of France into Scotland for the Levying of three thousand which the Scottish Lords have promised and the King of Spain will Levy thirty thousand more and give them all Pay Her Majesty is determined to send Sir Francis Drake to Sea to encounter them with a great Navy Wherefore this our danger is to be prevented and those her Majesties infinite Charges by us to be supplied Sir Walter Raleigh spake for the Subsidy not only as he protested to please the Queen to whom he was infinitely bound above his deserts but for the necessity he both saw and knew He very well discovered the great strength of the King of Spain And to shew his Mightiness he told how he possessed all the World As also that his malice and ill purpose was evident to this Realm he shewed how on every side he had beleaguered us In Denmark the King being young he had corrupted the Council and Nobility so as he was very like to speed himself of shipping from thence In the Marine Towns of the Low Countries and in Norway he laid in great store of shipping In France he had the Parliament Towns at his Command In Brittany he had all the best Havens And in Scotland he had so corrupted the Nobility that he had promised them Forces to re-establish Papistry That they were ready to joyn with any Foreign Forces that would make them strong to be by themselves and to resist others For as he thought there were not six Gentlemen of that Country of one Religion In his own Country there is all possible repairing and he is coming with sixty Gallies besides other Shipping with purpose to annoy us We must then have no Ships if he invade us riding at Anchor all will be little enough to withstand him At his coming he fully determineth to get Plymouth or at least to possess some of the Havens this Summer within our Land And Plymouth is a place of most danger for no Ordnance can be carried thither to remove him the passages will not give leave Now the way to defeat him is this to send a Royal Army to supplant him in Brittany and to possess our selves there And to send a strong Navy to Sea and to lye with it upon the Cape and such places as his Ships bring his Riches to that they may set upon all that come This we are able to do and undoubtedly with fortunate success if we undertake it Thus far out of the aforesaid Anonymous Journal That which next follows is out of the Original Journal-Book it self On Saturday the third day of March Sir Henry Knivett entred into a discourse touching the priviledge of this House of ancient time used and accustomed for the conventing of any person into this Court thinking for his Opinion that M r Fitzherbert is rather to be called to appear in this House by the Serjeants Mace of this House than by any Writ of the Chancery And so entring into a recital of George Ferrers his Case was put in remembrance by M r Speaker that the manner for the bringing in of the said M r Fitzherbert had received the Order of this House yesterday and was therefore now neither to be recalled nor further treated of by this House till the appearance of the said M r Fitzherbert be first here made in this House according to the said former Order for the same Sir Robert Cecill one of the Committees for the framing of an Answer of this House to be made to the motion of the Lords concerning the Subsidy did meet yesterday in the Afternoon and having had much speech and many Arguments did not as then conclude or resolve of any form of Answer at all for that sundry of the same Committees then seemed diversly to conceive of the substance of the matter delivered to them in Charge by this House some conceiving it to tend only to the Consideration of the said Note read by the said M r Francis Bacon and no further and some again that their Commission was to treat generally of such a form of Answer unto the said Motion as the more part of the same Committees should think fittest and the same afterwards to be reported to this House and referred further to the consideration of this House to be liked of or not liked of at their pleasure And shewed further that he and the residue of the said Committees had met together again this Morning and that the most part of the said Committees had for their parts yielded to grant Conference with the Lords if this House should so think good and had appointed him to signify the same unto this House in the name of the said most part of the said Committees which he said he had now done according to their charge which they had imposed upon him And so referring his said report to the censure of the residue of the more part of the said Committees he ended his Speech M r Wroth one other of the said Committees not any way excepting to any part of the said Report made by the said Sir Robert Cecill so as before resolved by the more part of the said Committees for yielding of Conference unto the Lords shewed that he for his own part being also one of the said Committees did not at that time give his assent neither yet now doth that any Conference should be had with the Lords in the said Case for that in his opinion
that the Return of the Writ ought to have been returnned into the Court of Parliament but whether the Return be to be made into the Upper House or Lower House I know not For in many Cases we have divided Jurisdictions and the Upper House hath Jurisdiction by it self therefore if a Nobleman hath a Servant that were arrested they might make their Writ of Priviledge returnable before themselves and give him Priviledge And here in this House if one that is a Member of this House and have sate here be arrested sedente Parliamento we are to give him Priviledge But if he be taken before his coming hither it is not in our power to deliver him but we must have the assistance of other Courts in such Causes The use is such in other Causes If the Action be a Mahime whether this be a Mahime or no the Court will not judge until those that have Science in those things affirm it to be so And so when a matter Ecclesiastical or Grammatical is in question the opinion of Civilians or Grammarians is known before the Judgment is given So in this Court we ought to desire Instructions from the Judges of the Realm whether in this Cause by the Law we can grant priviledge or no. For Priviledge there be two Writs issuing out of this House the one is a general Corpus cum Causa and this is granted upon apparent cause of Priviledge as if a Member of the House be taken sedente Parliamento The other Writ is called a Writ of Parliament this is granted when the Cause is to be judged by the Parliament But whether Priviledge be to be granted to this party or no it is not apparent And in the Cause the Lord Keeper is not to be Judge But here the whole Record is to remain and we with the advice and opinion of the Judges are to consult if the party be to have priviledge Therefore seeing the Court hath Coercion in it self let us with the advice of the Judges proceed as we have power For if we give away our Coercion we give away our Jurisdiction M r Serjeant Harris said the Record remaining in Chancery this House is sufficiently possessed of it even as in Case of all the Returns of Knights and Burgesses M r Francis Bacon said The Return is well for the Return is an ensuing of the Writ that must be made under Seal As for taking the assistance of the Judges it is a good course for though we sit here to make Laws yet until the new Law is made the old Law is of force and our Conference with them gives away no resolution from us but taketh advice only from them M r Finch said in my opinion the Return should have been into this House For a Writ of Error sued here the Writ used to be returned hither as it appeareth in 3 E. 3. and 17 Edw. 3. and 1 H. 7. It would seem by Trewinnards Case 38 H. 8. that a Writ of priviledge is never returned but the party appearing the Court proceedeth M r Speaker desired to know of the House if for their better Information they would give him leave to speak which the House willingly granted Whereupon he said For the discharge of my own duty and informing of your Judgments who I know will judge wisely and justly I will deliver unto you what I have learned and what I have observed for ever since the lodging of this Parliament I have thought upon and searched after this Question not particularly for this Cause but this point the priviledge of the House for I judged it would come in question for many occasions The Question is drawn to two Heads the one about the Writ the other about the Return First Whether the Writ might have gone out of this House I will tell you plainly my opinion I beseech you let me not be ill thought of if I be rude in what I say for it is my fault I cannot speak so mildly as some but my manner is that which I speak I speak sharply and somewhat roundly but always with this tacite Condition submitting my self to any better reason that shall be shown me Though any Court of Record hath this Jurisdiction to make out Processes yet this Court cannot Why this may seem strange that every Court in Westminster every Court that hath Causes of Plea every Lords Leet and every Court Baron hath his power that they may make out Process yet this Court being the highest of all Courts cannot how can this be The nature of this House must be considered for this Court is not a Court alone and yet there are some things wherein this Court is a Court by it self and other things wherein it is no Court of it self To know then how we are one House and how we can be divided Houses this would give great light to the Question At the first we were all one House and sat together by a precedent which I have of a Parliament holden before the Conquest by Edward the Son of Etheldred For there were Parliaments before the Conquest This appeareth in a Book which a grave Member of this House delivered unto me which is Intituled Modus tenendi Parliamentum out of that Book I learn this and if any man desire to see it I will shew it him And this Book declareth how we all sat together but the Commons sitting in presence of the King and amongst the Nobles disliked it and found fault that they had not free liberty to speak And upon this reason that they might speak more freely being out of the Royal sight of the King and not amongst the great Lords so far their betters the House was divided and came to sit asunder A bold and worthy Knight at the time when this was sought the King desiring a reason of this their request and why they would remove themselves from their Betters Answered shortly That his Majesty and the Nobles being every one a great person represented but themselves but his Commons though they were but inferiour men yet every one of them represented a thousand of men And this Answer was well allowed of But now though we be divided in Seat be we therefore divided Houses No for if any Writ of Error be brought as you shall see a notable Case in 22 E. 3. this Writ must be returned in Parliament that is to the whole House and chiefly then to the Upper House for we are but a limb of the House Now where a Record is removed upon a Writ of Error given to another Court the manner is that the chief of that Court bring the Writ in his hand to the House But humbly sheweth unto the House that the Record being remitted out of the Court no Execution can go forth though the Judgment be affirmed The Court of Parliament thereupon maketh Transcript of the whole Record and returns the Record again to the Court but if the Judgment be reversed then the Record it self is
men not guilty will be included in it And that Law is hard that taketh life and sendeth into banishment where mens intentions shall be judged by a Jury and they shall be Judges what another means But that Law that is against a Fact is but just and punish the fact as severeley as you will If two or three thousand Brownists meet at the Sea at whose charge shall they be transported or whither will you send them I am forry for it I am afraid there is near twenty thousand of them in England and when they be gone who shall maintain their Wives and Children M r Finch said There be great faults in the Preamble and in the Body of this Bill It pretendeth a punishment only to the Brownists and Sectaries but throughout the whole Bill not one thing that concerneth a Brownist and if we make a Law against Barrowists and Brownists let us set down a Note of them who they are But as the Bill is not to come to Church or to speak against the government established this is not the opinion of the Brownists The Law that is intituled An Explanation is nothing else save that it hath a name of it For Laws Explanatory are no New Laws of themselves but part of the old for there ought to be nothing in the declaratory Law that was not in the former as appeareth in the Cause of Surnand and Stowell the Statute of 32 Hen. 8. being but an Explanation of 4. H. 7. This Law being allowed to be an Explanation of 25. maketh all the offenders in that Statute to be Traytors This Law excepts no Person So all are in the former penalties of that Law for 23 of Eliz. is only for such as are of the Romish Religion and now to make it include all the opinions is to make additions to that but no Explanations The Clause of speaking against the Law is very dangerous For who can be safe from this Non Hospes ab hospite tutus For if a man speak against Non-Residents Excommunication as it is used or any other abuse in the Church he incurs the danger of the Law The Clause against Conventicles is very dangerous For the Conference of any Persons together being of any number the Prayers of Holy Exercise being not allowable in any place by the Law is an assembling against the Laws for the words be very strict howsoever not contrary to the Law the offence is all one Now in the body of the Law the words Ecclesiastical are not such as be meant in primo of the Queen but such as are intended in this Statute And the annexing of the words He must be an obstinate Recusant and also write and speak c. This is very suspicious for Obscuris vera is never good Whosoever repaireth not to his own Parish Church is a Recusant within this Law Vide Apr. 6. die Veneris sequent Thus far out of the aforesaid Anonymous Journal the residue of this days passages and part of the next are transcribed out of the Original Journal-Book it self After which said Speeches touching the Bill of Explanation of the Branch of a Statute made in the twenty third year of the Queen for reducing of disloyal Subjects to their due obedience the said Bill in the end was committed unto all the Privy Council Sir Walter Raleigh Sir Henry Unton Sir Francis Hastings Doctor Jo. James Doctor Lewen M r Doctor Caesar Sir William Moore M r Francis Bacon M r Serjeant Harris M r Wroth Sir Thomas Cecill M r Finch M r Skinner M r Mainard M r George Moore Sir Henry Cocke M r Fuller Mr. Robert Knowls Sir William Knowls Sir Edward Dymock Sir Edward Stafford Mr. Edward Lewkenor Mr. Henry Brett Mr. Periam Sir Thomas Dennies Sir Robert Sydney Mr. Wroth Sir William Bowes Mr. Atie Mr. Helcroft Sir Thomas West Sir Matthew Morgan M r Berkeley Mr. Sands Mr. Boucher Mr. John Payton Sir Richard Molineux Mr. Tasborough Mr. Horsey Mr. Attorney of the Dutchy Mr. Finch Mr. Fuller Mr. Amersam Sir George Cary and Sir George S t Poole and the Bill was delivered to Mr. Treasurer who with the rest was appointed to meet in this House to Morrow at two of the Clock in the Afternoon Mr. Serjeant Owen and Mr. Attorney General do bring word from the Lords that their Lordships do pray Conference with some selected Members of this House to be held this Afternoon touching the Bill for the reviving continuance explanation and perfecting of certain Statutes lately passed this House and sent up to their Lordships and do shew that their Lordships for that purpose have made choice of twenty of themselves whereupon the said Mr. Attorney and Mr. Serjeant Owen being sequestred and the Message declared to the House by Mr. Speaker it was required by the House that forasmuch as the Bill last read was then and long before had been in dispute and Argument Answer thereof might be returned unto their Lordships that this House prayeth that a Committee of this House may rather wait upon their Lordships in the Afternoon for that the House is now occupied in Speeches and Arguments to a Bill which came into this House from their Lordships Which being so signified to the said M r Serjeant Owen and M r Attorney General accordingly shortly after M r Doctor Carey and M r Powle brought word from the Lords that their Lordships would be ready this Afternoon to confer with the Committees of this House in the Chamber next to the Upper House Which done it was Ordered that the former Committees of this House who had been nominated on Monday the 28 th day of March foregoing be appointed to attend their Lordships at the said time and place and a note of the Committees names were delivered to M r Treasurer On Thursday the 5 th day of April the Bill for true Assizing and marking of Timber was read the second time and committed unto M r George Moore M r Dalton M r Wroth M r Browne Sir John Hart and others and the Bill was delivered to the said Sir John Hart who with the rest was appointed to meet to Morrow at two of the Clock in the Afternoon in the Exchequer Chamber M r Serjeant Owen and M r Doctor Powle do bring from the Lords a Bill Intituled An Act for Explanation of the Statute made in the thirty fourth year of King Henry the Eighth as well touching Grants made to his Majesty as for Confirmation of the Letters Patents made by his Highness to others and do pray from their Lordships the speedy Execution of the same M r Vice-Chamberlain one of the Committees with the Committees of the Lords in the Bill for reviving continuing explanation and perfecting of certain statutes sheweth the meeting and Conference with the Committees of the Lords and that their Lordships have thought good to add some small Amendments to the said Bill and a Proviso also for her Majesties Prerogative in the point of Transportation of Corn as
Thursday the 8 th day of December on Wednesday the 11 th day of January on Saturday the 4 th day of February and all other the days which were very many in which any Committees were nominated On Thursday the 10 th day of November to which day the Parliament had been last continued the Bill for the taking away Clergy from Offenders against a Statute made in the third year of the Reign of King Henry the Seventh against the taking away of Women against their wills unlawfully was sent up to the Lords from the House of Commons and thereupon read primâ vice The Lord Treasurer made Report to the House what had been done by the Committees upon the Petition of the Lord La Ware and how it was resolved by them upon hearing and debating of the matter with certain Learned Counsellors in the Law brought before the Committees of the said Lords that the place which he claimed in the Order and Rank of the Barons was due unto him viz. next after the Lord Willoughby of Eresby Which Report being made to the House and the voices of all the Lords being demanded the opinion of the Committees was allowed by the consent of all the Lord Windsor only excepted And the Lord Keeper was required to acquaint her Majesty with the determination of the same House and to know her pleasure concerning the same Vide concerning this Business of the Lord La Ware on Saturday the 5 th day of this instant November foregoing and on Monday the 14 th day of the same November ensuing The Lord Treasurer made a motion to the House that for as much as the Journal-Books kept heretofore by the Clerks of the Parliament seemed to have some error in them in misplacing the Lords so as it was doubted how the same might be of true Record That it would please the Lords to take Order that the said Books that from thenceforth should be kept by the Clerk of the Parliament may be viewed and perused every Parliament by certain Lords of the House to be appointed for that purpose and the List of the Lords in their Order to be subscribed by them taking unto them for their better information the King at Arms. And that this Order might begin this present Parliament On Saturday the 12 th day of November to which day the Parliament had been last continued the Bill for the taking away of Clergy from Offenders against a Statute made Anno 3 Hen. 7. concerning the taking away of Women against their wills unlawfully was read secunda vice and committed Nota That because the Committees during all this Parliament were only Peers and Members of the House and that the Judges with her Majesties Learned Councel as see more on Monday the 7 th of this instant November foregoing were always appointed to attend upon them and never nominated as joint Committees with them therefore the names of them are for the most part omitted as not worth the inserting or observation On Monday the 14 th day of Novemb. to which day the Parliament had been last continued on Saturday foregoing the Bill for the better explanation and execution of the Act made in the 13 th year of the Queens Majesties Raign concerning Tellors Receivors c. was read primâ vice This Bill was brought into the House instead of the former Bill concerning her Majesties speedy satisfaction against Accountants c. which was on the 7 th day of November foregoing read secunda vice and referred to Committees by whom the said Bill having been thought upon the debating thereof too full of doubts and difficulties Order was given by them to her Majesties Attorney General to draw a new Bill viz. the Bill aforesaid which Bill was presented by the Lord Arch-Bishop of Canterbury first of the said Committees in the behalf of the said Committees A Proviso was thought fit to be added to the Bill concerning the taking away of Women unlawfully and was also twice read The Earl of Shrewsbury excuseth the Lord Marquess his absence for want of health The Lord Treasurer moved the House that such Lords as were absent from the Parliament and had not sent their Proxies and such others as had made their appearance in the beginning of the Parliament and have sithence neglected their Attendance may be admonished to reform the same On this said 14 th day of November 1597. upon the Petition of the said Lord La Ware exhibited unto her Majesty concerning his place in the Order of the Barons of Parliament and with her Majesties commandment and direction presented unto the Lords Spiritual and Temporal in this present Parliament the 5 th day of this present Month of November and referr'd the same day upon the reading unto the Committees as is before recorded in the Session of the same day the said Committees having at the time and place appointed assembled themselves and advisedly considered of the said Petition and of all arguments that were brought and alledged both for the Petition and against it did resolve and determine that in their opinions the said Petition of the Lord La Ware was just and that the place which he sought was due unto him viz. to have his place betwixt the Lord Willoughby of Eresby and the Lord Berkeley being the same place which his great Grandfather held heretofore as appeareth by Record Of which resolution and determination Report having been made by the Lord Burleigh Lord Treasurer the first of the Committees the 10 th day of this instant November foregoing in the Session of the same day as before is recorded and the same being allowed and approved by the consent of the Lords Temporal and Spiritual then present in the House it was thought meet and ordered that her Majesty should be made acquainted by the Lord Keeper with the opinion and resolution of the House Which having been performed by his Lordship and her Majesty having allowed of the proceedings of the House and of the determination of the question touching the place of the Lord De la Ware as hath been declared unto the House by the Lord Keeper It was and is agreed and Ordered by her Majesty and the Lords Spiritual and Temporal that the Lord De la Ware should be brought into the House and placed in the room and order before-mentioned to have his place and Voice betwixt the Lord Willoughby and Lord Berkeley Which was accordingly done on this said 14 th day of November The said Lord De la Ware being brought in his Parliament Robes unto the place aforesaid by the Lord Zouch supplying the place of the Lord Willoughby and by the said Lord Berkeley in their Robes Garter the King of Arms attending them and doing his Service according to his Office On Tuesday the 15 th day of November Two Bills had each of them one reading of which the first being the Bill for taking away of Clergy from Offenders against a certain Statute made Anno 3 Hen. 7. concerning the taking
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
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
same Table Painted a Tree so lively as possible might be growing as it were out of the Sea There grew a question which was the most curious Workmanship and the deciding of the Controversie was referr'd to a third skilful Painter who gavethis Judgment of the Tree O valde bene sed non hic erat locus So may I say of this Bill It is as hard for this penalty to restrain this Sin as for Religion to spring out of the Common Law and to take effect Aristotle saith a Man may be Bonus Civis but not Bonus Vir And though I abhor the sin yet I deny not but a Sinner may be a good Member Moses when he saw God could but see his back parts only and no Man ever saw more Why these Swearers swear by all his Parts so perfectly as though they had seen him all over Philip King of France made a Law that the Swearer should be drowned Another Law was made that a certain sum should be presently paid as soon as he had Sworn or else the Swearer to lose his Head We use so much Levity in our Law that we had as good make no Law for we give a Penalty and to be taken upon condition before a Justice of Peace Here is wise stuff first mark what a Justice of Peace is and we shall easily find a Gap in our Law A Justice of Peace is a living Creature yet for half a Dozen of Chickens will dispense with a whole dozen of penal Statutes We search and ingross the retail These be the Basket Justices of whom the Tale may be verified of a Justice that I know to whom one of his poor Neighbours coming said Sir I am very highly rated in the Subsidy Book I be seech you to help me To whom he Answered I know thee not Not me Sir quoth the Country man Why your Worship had my Teem and my Oxen such a day and I have ever been at your Worships Service Have you so Sir quoth the Justice I never remember'd I had any such matter no not a Sheeps-Tail So unless you offer Sacrifice to the Idol-Justices of Sheep and Oxen they know you not If a Warrant come from the Lords of the Council to levy a hundred men he will levy two hundred and what with chopping in and chusing out he 'll gain a hundred pounds by the Bargain Nay if he be to send out a Warrant upon a mans request to have any fetcht in upon suspicion of Felony or the like he will write the Warrant himself and you must put two shillings in his Pocket as his Clerks Fee when God knows he keeps but two or three Hindes for his better maintenance Why we have past here five Bills of Swearing going to Church good Ale Drunkenness and ..... this is as good to them as if you had given them a Subsidy and two Fifteenths Only in that point I mislike the Bill for the rest I could wish it good passage Sir Francis Hastings said amongst other Speeches to this Bill That such Justices were well worthy to be lockt up in an Ambery But he wisht that all might not be censured for one evil who though he neglected both the care of Conscience and Country which he should love yet doubtless many did not so as being touched in Conscience to remember that our long Peace should make us careful to please Him in doing of Justice that had preserved us and was the Author of our Peace God himself And thereupon the said Bill was ingrossed as aforesaid Mr. Wiseman moved the House to remember two things one that it had been an Antient Custom in Parliament sometimes to call the House which as yet was not done the other that whereas heretofore Collection had been used for the Poor those which went out of Town would ask leave of the Speaker and pay their money Sir Edward Hobbie said The Gentleman that last spake moved you but I would remove you a little further May it please you It hath been a most laudable Custom that some contribution or Collection should be made amongst us in pios usus And I humbly pray we do not forget our Parliamental Charity Every Knight paid ten shillings every Burgess five shillings part of the whole to the Minister and part to your Servant here and part to the Poor the rest at your disposals The last time our Charity ransom'd a Prisoner for the Father 's good desert The last time Sir Robert Wroth and Mr. Fettiplace were Collectors It rests in you either to appoint them or chuse others Mr. Fettiplace said It is true Mr. Speaker I was Collector the last year there was paid out of the money collected to the Minister ten pound to the Serjeant thirty pound to Sir John Leveson for the redemption of Mr. Fox his Son that made the Book of Martyrs thirty pound There was money given to Prisons that is the two Counters Ludgate and Newgate in London in Southwark two and Westminster one How old the Custom is I know not but how good it is I know For my own particular having once undergone that service already I humbly pray that it would please you to accept another Mr. Tate said Charity proceedeth from Conscience it breeds obedience to God it pleaseth God and so went on and spake for a Town in his Country lately burnt that it would please the House to contribute something to the Poors Loss The Bill for the assurance of the Joynture of Lucie Countess of Bedford was read the third time and passed upon the question The Bill for Denization of certain persons born beyond the Seas as also the Bill for Confirmation of the Grant of King Edward the Sixth to Sir Edward Seymour Knight had each of them one reading and passed upon the question and with three others were sent up to the Lords by M r Comptroller Mr. Secretary Herbert and others Sir Walter Raleigh made Report of the Travel of the Committees in the Bill touching the payment of Debts upon Shop-Books who were appointed on Wednesday the 15 th day of November foregoing and brought in the Bill with some small Amendments and prayed the reading thereof Mr. Tate likewise brought in the Bill from the Committees touching Sir Anthony Mayney Knight with some Amendments and Alterations by the same Committees who were appointed on Monday the 23 th day of November foregoing The Amendments in the Bill touching Sir Anthony Mayney Knight c. were twice read and Ordered to be ingrossed M r Davies made Report of the meeting of the Committees in the Bill touching Painters and certifieth the Bill with some Amendments The Amendments in the Bill touching Shop-Books were twice read and with the Bill upon the question and division of the House Ordered to be ingrossed viz. with the Yea a hundred fifty four and with the No eighty eight These things being thus transcribed out of the Original Journal-Book of the House of Commons now sollows a Message delivered by
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
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
the Lords unto Bills that have past the Commons are to be writ or ingrossed and subscribed respectively see at large p. 576 577. When a Bill is objected against a verbal Conference is first to be had before the reasons of such objecting can be demanded to be delivered in to that House that had past the Bill p. 578. Forty eight several Bills refused by the Queen in the 39 th year of her Reign that had passed both Houses p. 596. An Order that such as shall prefer and have benefit by any private Bill shall pay somewhat toward the poor and how much p. 665. Any Member may propose those Bills to be read he judges most necessary as well as the Speaker p. 677. Bills that come from the Lords are to be delivered to the Speaker in the House and not out of it p. 688 Boroughs growing poor did formerly get licence from the Sovereign to be discharged from the election of Burgesses because they used to bear their charges but seldom so now p. 80 Sir Henry Bromley c. sent to the Fleet for desiring the Lords to join in a Petition to the Queen for entailing the Succession of the Crown p. 470 Brownists how numerous in 35 Eliz. p. 517. A Bill against them and the Barrowists as well as Popish Recusants ibid. Burgesses a Bill for the validity of such as are not resiant with long arguments thereupon p. 168 169 170 171. A Burgess that had given Money to be elected turned out of the House and the Corporation fined p. 182. A Burgess elected for two several Boroughs may chuse for which he will serve p. 430. 622. passim C. CAlling the Names of the Parliament-men at their first meeting in former times different from the present and the manner of both p. 39. Since 5 Eliz. they take the Oath of Supremacy at that time and since 7 Jac. the Oath of Allegiance ibid. and p. 78. They take these Oaths but once in the same Parliament though it consist of several Sessions p. 122 123 Canons are like By-laws to the Clergy but not to the Laity p. 640 Cardigan a Burgess Town since 1 Eliz. p. 628. Whether the Return of the Indenture for chusing a Burgess ought to be for that Town only or for it and Aberystwith ibid. Chirurgery a Bill for the well ordering of such as practise it p. 571 Church thought to need reformation in 13 Eliz. p. 157. A Bill for coming to Church and receiving the Communion with some Arguments thereupon p. 177. A Committee of the House of Commons and some of the Bishops join in a Petition to the Queen for redress of several enormities in the Church 23 Eliz. p. 302 303 Cinque-ports discharged from payment of Subsidies p. 406 Clerk of the House his seat in Parliament p. 43. He sometimes reads the Prayers p. 47. Mr. Seymour Clerk in the Parliaments held 1 Eliz. p. 43. 5 Eliz. p. 84. 8 and 9 Eliz. p. 122. He took the Oath of Supremacy in that Parliament as the Members did ibid. Mr. Fulk Onslow succeeded him in the Parliament 13 Eliz. p. 155. being indisposed his place is supplied by a Deputy who is first to take the Oath usually administred to the Members p. 431. 623. The Clerk receives the Money for the Poor and Minister of the Members that have leave to go into the Country sitting the Parliament p. 565. 568. passim The Collection for him in 43 Eliz. amounted to twenty five pound p. 688 A Collection made in the House for the present relief of maimed Souldiers 35 Eliz. with an account of every ones rate p. 503. 507. Hereupon a Bill is framed for a continual Contribution to their relief p. 503. Collections for the Poor and other uses usually made each Session and how much the Members are commonly rated p. 661 Colledges Corruptions in the Masters of them 39 Eliz. p. 559 Commission to the Lord Keeper to will the House of Commons to chuse a Speaker p. 120 Commit the manner of Committing a Bill p. 44. It uses to be Committed at the second Reading ibid. Commonly not Committed when sent from the Lords p. 47. but sometimes is when of great moment ibid. p. 89. 186. never committed till it be once read at least p. 476 Committees how chosen p. 44. Nothing to be delivered to the House as the Resolve of the Committee but what the greater number of the Committees agree upon p. 298. At least half the number of the Committees nominated in any Bill are to be present or else no consultation to be had p. 436. Eleven Bills committed to one and the same Committee at the same time p. 561. He that speaks against the body of a Bill cannot be chosen a committee therein p. 629. 635. The Knights and Citizens of London dispensed with in a particular case and why p. 634 635. A Committee may speak either sitting or standing p. 630. He that has been a Committee in a Bill may afterwards speak against the same Bill in the House p. 635 Common Prayer a Bill for the Reformation of the Book of Common Prayer 13 Eliz. with divers Arguments thereon p. 166 House of Commons formerly sate with the Lords p. 515 Comptroller of the Household by his place usually is the first that speaks at the meeting of a Parliament and makes the first motion in the House to chuse a Speaker p. 621 passim The Comptroller either alone or with another places the Speaker Elect in the Chair p. 79. 621 c. Communion Vide Church Conference concerning a Bill to be desired only by that House which is possessed of the Bill p. 261 262 263. How to be managed by those that are appointed to have it p. 293. The Lords do always nominate time and place for Conference passim Verbal conference to be had before the reasons of objecting against any Bill be given in writing p. 578. Each House is at liberty whether they will admit of a Conference p. 352. No Conference to be admitted with the Lords about the number of Subsidies to be granted p. 486. 488 M r Edw. Cook chosen Speaker in the Parliament 35 Eliz. p. 469. His Speeches at his being presented to the Queen p. 459. at the end of the Session p. 465 Corn may be carried over Sea when it does not exceed such and such prices p. 56 John Crooke Esq chosen Speaker in the Parliament 43 Eliz. p. 621. His Speech to the Queen at his presentation p. 600 601 Cross in Baptism desired to be taken away in the Parliament held 13 Eliz. p. 157 D. MEmbers Departing without Licence to forfeit their Wages p. 309 Discipline in the Church the Queen petition'd to reform it who promises it p. 257 Disloyal Vide Subjects A Bill against 〈◊〉 granted by the Arch 〈◊〉 several Arguments thereupon Dunkirk and Newport very much by robbery on their Coasts 〈◊〉 of Queen Elizabeths Reign p. 665 〈◊〉 appointed to consider of means to 〈◊〉 and what means were
satisfied with her Tryal and Attainder Assembled a Parliament 28 29 Eliz. on purpose to commit to them the Examination of those proceedings against her p. 375. and 393. Both Houses consent that the Sentence pronounced against her was just p. 379. And they Petition the Queen that the Sentence may be Executed p. 380 381 382. M r Speaker at the presenting the Petition gives sundry reasons why Execution of the Sentence should be done p. 400 401. The Queens Answer to the Petition p. 402. Religion the Queens Person and Peace of the Realm not to be secured without such Execution p. 403 404 405 406. She is Executed 8 Feb. 29 Eliz. p. 382 Measures Vide Weight Melcomb Regis a Bill for the Fortification of it p. 45. It is incorporated into one Burrough with Weymouth by the Queens Letters Patents but so that they chuse four Burgesses p. 554 Ministry several abuses therein comprized in sixteen heads proposed by the Commons to the Lords to have reformed 27 Eliz. with the Lords Answer p. 357 ... 360 Money a Bill against the transportation of it out of the Realm spoken unto p. 643. Germany and France held the Standard therein as well as we but not so the Dutch ibid. Several Statutes that no strangers should bring Commodities into this Realm but he should bring so much money ibid. Monopolies reckoned to be grievous to the subject in 39 40 Eliz. p. 554. What a Monopoly is p. 644. Several kinds thereof ibid. and p. 645. 649. They are generally grievous to the generality of the subjects ibid. and p. 646. A precedent wherein Letters Patents of Monopoly were cancelled in Parliament c. p. 645. How numerous in 43 Eliz. p. 648. 650. A witty Speech of Secretary Cecil's intimating the Queens resolution to revoke most of them and suspend the rest p. 652 653. How the House resented this resolution p. 654. The Queen will not accept of thanks from the House till she have put her resolution in practice ibid. Upon their giving thanks she makes a most gracious and kind Speech unto them p. 658 659. A Conference between the two Houses about the Bill touching Letters Patents of Monopoly p. 679 N. NAmes Vide Calling Naturalization Vide the Table to the Journal of the House of Lords Henry Nevil an Accomplice with the Traytor Doctor Parry the particulars of their Treason p. 356 Newport Vide Dunkirk Newtown in the County of Southampton returned no Burgesses till 43 Eliz. p. 626 Norfolk a remarkable case as to Flection of Knights for that County p. 396 397 Duke of Norfolk a general Resolution of the House that he ought to be Executed 14 Eliz. p. 207. But they did not think sit to Petition the Queen to that purpose p. 220 O. OAth Vide Supremacy and Calling An Officer according to the Common Law shall forfeit his Office for Non-attendance p. 640 Ognel's Case p. 487 Onflow Richard being the Queens Solicitor General chosen Speaker in the Parl. 8 9 Eliz. p. 121 Onslow Fulk made Clerk of the Parliament in 13 Eliz. p. 155. Being sick of an Ague he Petitions the House to permit his Servant to execute the place as his Deputy which is granted p. 623 Iron Ordnance a Bill against the transportation of them in 43 Eliz. well spoken to p. 670. They were of four sorts ibid. How injurious such transportation is to the Common-wealth p. 671. They come within the Statute of 2 E. 6. against transporting Gunmetal though Guns were not then made of Iron ibid. and p. 672. The House resolve to proceed in order to hinder such transportation both by Petition to the Queen and by Bill p. 677. The Bill past the Commons p. 686. but not the Lords p. 688. Whereupon a 〈◊〉 is made that M r Speaker will at the end 〈◊〉 Session mention the grievance to the Queen 〈◊〉 Speaker promises be will but sayes not one 〈◊〉 of it p. ult Ostend how much it concerns England in whose hand it is p. 623 An Outlawed Member Voted to enjoy the priviledge of the House p. 48. Another continued in the House p. 294. Whether a person Outlawed upon Judgment can be elected or stand for a Member several Speeches pro and contra p. 479 480 481 482. The same Question further debated p. 514 515 516. He is reputed a Member and yet not allowed priviledge and why p. 518 P. PAinters and Stainers two Companies in the time of E. 3. but made one in E. 4. p. 681 Pardon Bills of general Pardon granted by the Prince pass commonly upon the first reading p. 595 Parliament the Common Council of the Realm p. 432. The highest Court. p. 434. Both Houses of Parliament at first sate together and how they came to separate p. 515. 655. They are not properly distinct or divided Houses ibid. The Counsels and Debates of Parliament ought not to be divulged p. 653 Doctor Parry a Member of the House committed to the Serjeant at Arms for contempt because he gave his negative voice against a Bill directly and would not show his Reasons to the House though he pretended to have reasons for it p. 341. He is received again into the House at the Queens Motion and upon his own Submission p. 342. but is afterwards committed to the Tower for High-Treason whereupon he is disabled from being a Member of the House p. 352. A Motion in the House for a Law to be made for his Execution after his Conviction proportion'd to his extraordinary Treason p. 355. The particulars of the Charge against him p. 356 Passing a Bill Vide Bill Patents of priviledge reputed a grievance 39 40 Eliz. p. 554. Letters Patents Vide Monopoly Penal Statutes reckon'd too numerous in 39 Eliz. p. 553. They ought not to be perpetual but to alter as times alter p. 622 A Bill to prevent Perjury spoken to p. 641 A Bill that Plaintiffs shall pay the Defendants their Costs by lying in Prison for want of Bail if the Action pass against the Plaintiff p. 585. not passed but reserved till another Parliament p. 590 Plasterers how called anciently p. 680. They were first incorporated in 16 H. 7. by the King who granted them his Letter to the then Lord Mayor to make them Freemen ibid. They ought not to work in Oyl-Colours ibid. and p. 681. but may use six kind of Colours with Size ibid. Pleddals Case p. 89. 91 Plumsted-Marsh a Bill for the Inning of it p. 87. 134 c. A Bill against Pluralities of Benefices with many Speeches pro and contra p. 639 640 Policies of Assurance amongst Merchants a Bill touching them with a Speech thereupon p. 669 John Popham Esq the Queens Solicitor General chosen Speaker 23 Eliz. p. 281 Poor to be relieved out of Impropriations and other Church Livings a Bill for that purpose but rejected p. 561 Popery the principal root of all the conspiracies against the Queen p. 394 395 Popish Vide the Table to the Journal of the House of Lords
Seigneurs sont assentus and so the Bill was delivered to Mr. Attorny and Mr. Vaughan as aforesaid to be carried to the House of Commons together with the Bill whereby the Queen's Majesty is made inheritable to the late Queen Ann her Highnesse's Mother But if the Lords had added any new Proviso to the foresaid Subsidy-Bill that ought to have been sent down to the House of Commons written in Parchment ut vid. March 23. Thursday postea On Munday the 20th day of February The Bill of the Subsidy of Tonnage and Poundage which by common consent was concluded upon the third reading was delivered to Mr. Solicitor and Mr. Martin Clerk of the Crown to be carried to the House of Commons with certain Amendments to be put thereunto On Tuesday the 21th day of February two Bills were sent up to the Lords from the House of Commons of which the first being the Bill for the Subsidy and the second to restore the Queen in blood to the late Queen Ann her Highnesse's Mother were each of them return'd exped ' The Bill also for the restitution of the First-fruits and Tenths and Rents reserved Nomine Decimae and of Parsonages impropriate to the Imperial Crown of this Realm was returned from the House of Commons with five Provisoes added thereunto by the said Commons and certain Amendments to be reformed therein which said Provisoes were written in Parchment and the Amendments in Paper Whereas J. Broxham brought an Assize against the Lord Willoughby of Parham to be Tryed at the Assizes and Sessions now next to be holden at Lincoln at the Complaint and Petition of the said Lord Willoughby in respect of his necessary attendance at the Parliament whereby he cannot attend with his Learned Council at the Assizes the rather for that some of his Council are also Burgesses and attend the Parliament it is Ordered and Decreed by the Lords that an Injunction presently be awarded out of the Chancery to the said John Broxham his Counsellors and Solicitors commanding them and every of them upon pain of 500 l. that none of them in any wise proceed in and to the Tryal of the said Assize at this Assizes now next to be holden at Lincoln On Wednesday the 22th day of Feb. the Bill for the Restitution in blood of Sir James Crofte was read prima vice On Fryday the 24th day of February the Bill for the restitution in Blood of Sir Henry Gate was read three times and the like Bill for Sir James Crofte was read Secunda tertia vice and both sent down to the House of Commons by Mr. Solicitor and the Clerk of the Crown The manner whereof vide on Saturday the 4th of this instant Feb. foregoing On Saturday the 25th day of February the Bill for the Restitution in blood of the Lord John Gray was twice read and after that the Bill against Conveyance of Horses into Scotland was read the first time the said Bill for the Lord Gray was read the third time and Passed and sent to the House of Commons by Mr. Attorny and Mr. Solicitor which was done in honour of him On Munday the 27th of February the Bill whereby certain Offences be made Treason with a Request that a Proviso therein contained be put out and another devised by the House of Commons to be put in the stead thereof The Bill for the restoring the Supremacy to the Imperial Crown of this Realm and Repealing divers Acts of Parliament made to the contrary and the Bill for the restitution of the Lord Cardinal Pool were sent up to the Lords from the House of Commons the manner of which see on Saturday the 11th day of this Instant Feb. foregoing And the said Bill touching Cardinal Pool was read prima vice and committed to the Chief Justice and the Queen's Attorney vid. March 3. postea The Bill lastly against Conveyance of Horses into Scotland was read Secunda vice Commissa ad ingrossandum On Tuesday the 28th day of February the Bill for the restoring of the Supremacy to the Imperial Crown of this Realm and the Bill for the explanation of the attainder of the Lord Cardinal Pool were each of them read secunda vice but there is no mention made that they were either Ordered to be ingrossed or referred to Committees because they had been sent from the House of Commons on the day immediately foregoing On the first day of March the Lord Keeper and divers other Lords met but nothing was done save only the Parliament continued the entrance whereof is thus erroneously set down in the Original Journal Book of the Upper House through the Clerks negligence viz. Dominus Cancellarius mistaken for Custos magni Sigilli continuavit presens Parliamentum usque in diem Crastinum hora nona On Thursday the second day of March the Bill of Recognition of the Queen's Highnesse's Title to the Imperial Crown of this Realm the Bill of Subsidy for Tonnage and Poundage the Bill touching Tanners and Sellers of Tann'd Leather and the Bill touching Shoemakers and Curriers were sent up to the Lords from the House of Commons The Bill lastly touching the Duke of Norfolk and the Bill for the restitution of Robert Rudston were each of them read the first time On Fryday the third day of March the Bill for Treasons which had been Read the second time on Fryday the 10th day and the third time on Saturday the 11th day of February foregoing and then sent down to the House of Commons although it be there omitted as matter of no great moment and from them sent back again to their Lordships on Munday the 27th day of the same Month with a request that a Proviso therein contained might be put out and another by them inserted was Committed to the Earl of Sussex the Bishop of Chichester the Bishop of Carlile the Lord Rich and the Lord Hastings of Loughborrough to confer therein with certain of the House of Commons touching a Proviso to be put into the same by which the Lords did express their great desire to keep Correspondency with the House of Commons who had commended the inserting of the above-mentioned Proviso unto them Nota also that whereas the Judges are in most of the Journals of her Majesties Reign although they be but Attendants of the Upper House named joynt Committees with the Lords in ordinary Bills or else are named as Attendants upon them in matters of greatConsequence yet in the Original Journal Book of the Upper House A. isto primo Regin Eliz. there is no mention made of them as joynt Committees or as Attendants upon their said Lordships save only that on Munday the 27th day of February foregoing a Bill upon the first reading is said to have been Committed to the Lord Chief Justice of the King's Bench and the Queen's Attorny which may rather be called a Reference than a Commitment as see on Saturday the 4th day of February preceding and therefore that they are not