QUEEN ELIZABETH IN PARLIAMENT A. L. Chancellor B. Marquises Earles C. Barons D. Bishops E. Judges F. Masters of Chancery G. Clerks H. Speaker of y e com̄ons I. Black Rod. K. Sergeant at Armes L. Members of the Commons house M. Sr. Francis Walsingham Secretary of State THE JOURNALS OF ALL THE PARLIAMENTS During the REIGN of Queen ELIZABETH BOTH OF THE HOUSE of LORDS AND HOUSE of COMMONS Collected By Sir SIMONDS D'EWES of Stow-Hall in the County of SUFFOLK Knight and Baronet Revised and Published By PAUL BOWES of the MIDDLE-TEMPLE LONDON Esq LONDON Printed for John Starkey at the Mitre in Fleetstreet near Temple-Bar 1682. TO Sir Willoughby D'Ewes Baronet SIR ALthough none can have so good Title to your Father's Labours as your Self and the improvement of his Posterity by them was his great desire yet he did not intend to confine them to his own Family but his Study tended to the publick good Amongst those very many and large Volumes Written by his own hand and his Servants I made choice thoroughly to revise these Journals in the Collecting of which the most indesatigably Industrious Author imployed much Time Labour and Cost constantly endeavouring to find out the Truth and faithfully and impartially relating the same In his own Preface to which there needs no other to be added he doth declare his Credentials and Vouchers̄ and also the Usefulness of the Work But there are several other good purposes to which these Journals are very conducible not particularly mentioned in his Preface Yet I shall name but two The one to be a discovery of the true intent and meaning of some Acts of Parliament of those times which are now controuerted The other to be a just representation of that Sincerity Perspicuity and Unreseruedness with which the Members of Parliament then exprest their Minds and gave their Advice that there was no difficulty to understand them The Authority and substantial Excellency of these Collections especially since the Original Journal Books are not now extant and their rarity do sufficiently recommend them to all Judicious Persons and did abundantly convince me that I could do no better service to my Country nor greater Justice to the Memory of my Worthy Uncle than to publish this Monument of his Fame Nor do I know how duly to express my thankfulness to you otherwise than by this publick acknowledgement as of your many other Favours so in particular for my free access unto and use of your well stored Library which hath furnisht me with this opportunity to subscribe my self Your most Obliged Humble Servant PAUL BOWES THE PREFACE OF Sir Simonds D'Ewes BEFORE THE ENSUING JOURNALS OF ALL THE Parliaments and Sessions of Parliament during the Reign of Queen ELIZABETH Wherein are expressed the several Materials and Authorities out of which the said Journals were extracted and drawn As also what Method and Form hath been observed in the transcribing of them together with the excellency and use of them IN respect that these ensuing Journals both of the Upper House and House of Commons during the Reign of that Incomparable Princess and Virgin Queen Queen Elizabeth whose memory will ever remain dear and precious to the Church of God are Collected and Framed up by my exceeding great pains and diligence out of several Materials and do contain in them Incomparable Historical matters both touching the Church and State as well as matters of rarity and Precedent incident to the Orders Priviledges or Usages of either House It shall not be amis shortly to touch those Heads that so they may serve as a Key for the better Direction and Guidance in the use of the Journals themselves First therefore I will set down briefly all those Materials out of which I have Collected these ensuing Journals Secondly the Method I have constantly observed in the causing them to be Penned or Transcribed And thirdly the rich Treasures of rarity and knowledge contained in them First for the Materials out of which I drew these ensuing Journals of either House they were for the most part rare and invulgar viz. 1. The Original Manuscript or Journal-Books of the Upper House of every Parliament and Session of Parliament of the Queens Reign remaining in the Office of the Clerk of the same House and these are absolute and undeniable Records and therefore could not be removed out of the said Office but I was inforced as often as I had occasion to use them to repair unto the same to which I had most free and respectful access always offered me as also to the Bundles of Original Acts and Petitions reserved there 2. A large Manuscript Abridgment in Folio of all the said Original Journal Books of the Upper House during her Majesties Reign very faithfully for the most part collected and transcribed with his own hands by Robert Bowyer Esquire who continued Clerk of the said House ab an 6 Jacobi Regis until the eighteenth year of the same King 3. The Original Journal-Book Manuscripts of the House of Commons of every Parliament and Session of Parliament during her Majesties Raign 4. Another help which I had for the perfecting of these Journals were the two Manuscript Volumes of Fragmentary and Imperfect Journals or rather Collections of the Parliaments and Sessions of Parliament of Queen Elizabeth's Reign which remained in Sir Robert Cottons well known and much famoused Library in the said Years 1629 and 1630. out of which I had most of the Speeches of Sir Nicholas Bacon Knight Lord Keeper of the Great Seal of England Out of these also I had passages which did excellently serve to enlarge and beautify some of the Journals of the House of Commons as is fully mentioned in their proper places In which two Volumes of Parliamentary Collections which then remained in Sir Robert Cottons Library as asoresaid who since Deceased on Friday the 6. day of May Anno Domini 1631. many things being either ignorantly or negligently referred to other times than in truth they belonged unto are here rectified and enlarged according as the occasion it self required 5. And another means to enlarge these Ensuing Volumes were Manuscripts or written Fragments I had by me of Parliamentary Speeches Petitions and such like Passages especially touching the House of Commons all which served most fitly in their due places to supply those things and matters in which the Original Journal-Books themselves were defective 6. A further material for the furtherance of this present work was a Manuscript Treatise which I had by me Intituled Modus tenendi Parliamentum apud Anglos Compiled especially as I conceive by Robert Bowyer Esquire and afterwards enlarged by Henry Elsing Esquire at this present Clerk of the Upper House of Parliament in which were many good Collections touching Proxies Summons Receivors and Tryors of Petitions the Commons Prolocutor and other matters incident to the Passages of the Journals of either House and those especially gathered out of Records of which Treatise there is very
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
Hoddy Mr. French Mr. Alford and Mr. Norton to meet to Morrow in the Afternoon at three of the Clock in the Exchequer Chamber Certain Amendments in the Bill of Rogues c. reported by Mr. Treasurer upon the last Committee of the Bill which amendments were read and thereupon the Bill Ordered to be ingrossed Two Bills lastly had each of them their first reading of which the latter was the Bill for Trials by Juries Edward Smalley Servant unto Arthur Hall Esq being this day brought to the Bar in the House by the Serjeant of this House and accompanied with two Serjeants of London was presently delivered from his Imprisonment and Execution according to the former Judgment of this House and the said Serjeants of London discharged of their said Prisoner and immediately after that the said Serjeants of London were sequestred out of this House and the said Edward Smalley was committed to the charge of the Serjeant of this House And thereupon the said Edward Smalley was sequestred till this House should be resolved upon some former Motions whether the said Edward Smalley did procure himself to be Arrested upon the said Execution in the abusing and contempt of this House or not Vide Mar. 10. Saturday postea All the Privy-Council being of this House the Lord Russell Mr. Captain of the Guard Mr. Wilson Mr. Lieutenant of the Tower Sir William Winter Mr. Serjeant Lovelace Sir Henry Knivett Mr. Crooke Mr. Coleby Mr. Popham and Mr. Norton were appointed to meet upon Friday next in the Afternoon at three of the Clock in the Exchequer Chamber but through the great negligence of Fulk Onslow Esquire at this time Clerk of the House of Commons the business about which the foresaid Members of the House were appointed to meet doth not at all appear On Wednesday the 29 th day of February Seven Bills of no great moment had each of them one reading of which one being the Bill for Chepstow-Bridge another for Rochester-Bridge and the third for the Town of Reading were each of them read the third time and upon the Question passed the House Upon a Motion made by Robert Bainbrigge Gent. one of the Burgesses for the Borough of ..... in the County of ..... against one Williams as well for sundry unsitting Speeches pronounced by the said Williams in misliking of the present State and Government of the Realm and also for threatning and assaulting of the said Robert Bainbrigge the Serjeant of this House was thereupon by Order of this House presently sent for the said Williams to be brought unto this House to Answer such matters as shall be objected against him Two Bills of no great moment had each of them one reading of which the second being the Bill against excess in Apparel was read the first time The Petition and Motions made touching the reformation of Discipline in the Church was committed only to all the Privy-Council of this House Vide concerning this matter on Friday the 10 th day of March ensuing Mr. Sollicitor and Mr. Doctor Berkley brought from the Lords four Bills of which the first was the Bill for the assurance of the Mannor of New Hall to Thomas Earl of Sussex the second for the appointing of Justices in the Shires of Wales the third concerning Offices found in the Counties Palatines and the last for the assurance of certain Lands unto Sir John Ryvers Knight All the Privy-Council being of this House the Lord Russell the Masters of the Requests Sir Thomas Scott Sir Henry Gates Sir Henry Wallope and divers others were appointed to meet this Afternoon in the Exchequer Chamber between two and three of the Clock and agree touching the nature of the Petition to be made to the Queens Majesty upon the Motions for reformation of Discipline in the Church and that the matter of the Petition so agreed upon then those of the Privy-Council only to move the same to the Lords of the Privy-Council after report first made thereof to this House Vide concerning this matter on Friday the 10 th day of March following Walter Williams being brought to the Bar confessed that he did strike Mr. Bainbrigge and that he offered to strike at him with his Dagger Whereupon it was Ordered that he remain in the Serjeants Ward till the Order of this House be further known to Morrow Vide. On Thursday the first day of March Seven Bills of no great moment had each of them one reading of which one being the Bill for the true making of Woollen-Cloths another for Kentish and Suffolk Cloths and another for toleration of certain Clothiers in the Counties of Somerset Wilts and Gloucester were each of them read the first time and thereupon committed to the former Committees who were nominated on Thursday the 16 th day of February foregoing and unto Sir Thomas Scott Mr. Serjeant Lovelace Mr. Savile Mr. Peacock Mr. Gargrave Mr. Mickleborn Mr. Langley and Mr. S t John to meet this Afternoon in the Star-Chamber at two of the Clock as also to conser touching the unlawful ingrossing of Woolls Two Bills also had each of them their first reading of which the second was the Bill against common Promoters Sir Richard Read and Mr. Doctor Vaughan brought from the Lords the Bill for the payment of Tythes within the Parish of Hallifax and the other to take away the benefit of Clergy from Offenders in Rape and Burglary Martin Cole one of the Burgesses for Sudbury in the County of Suffolk was this day Licensed by Mr. Speaker for his great business to be absent for four days The Bill lastly for setting the poor on work and for avoiding of idleness was read the third time and passed the House On Friday the second day of March Six Bills of no great moment had each of them one reading of which the second being the Bill for assurance of certain Lands to Sir John Rivers K t was read the second time but no mention is made that it was either Ordered to be ingrossed or referred to Committees because it had been formerly sent from the Lords The Bill against wearing of unlawful Weapons was twice read and committed thereupon unto Mr. Comptroller Sir Henry Radcliffe Sir Thomas Scott Sir Henry Knivett Sir Henry Gates and others to be considered of presently Two Bills also had each of them one reading of which the second being the Bill against the buying and selling of rooms and places in Colledges Schools c. was read the first time Mr. Treasurer one of the Committees for the Petition touching reformation of the Discipline of the Church reported that he and the residue of the Committees have met and agreed upon a Bill to be made for that purpose which Bill was then offered and received in the said House and then read accordingly Vide concerning this matter on Friday the 9 th day of this instant March ensuing The two Bills viz. for maintenance of Colledges and against buying and selling of rooms and places in Schools
them read the second time and committed unto M r Recorder of London Mr. Serjeant Fenner Mr. Sands Mr. Grevill Mr. Christmas Mr. Boyes Mr. Cromwell and Mr Newdigate Mr. Henry Knolles the younger and Mr. Townesend were appointed to be with Mr. Speaker at this House at two of the Clock this Afternoon to examine the matter of Outlawry pretended against Walter Vaughan Esquire Knight for the County of Caermarthen And that the said Mr. Vaughan be then there present to Answer therein for himself as well as he can and the said Committees to make report unto this House of the state of the Case to the end this House may thereupon proceed to order accordingly Vide concerning this matter on the 18 th day of this instant February following Mr. Secretary Wilson declaring the travel of the Committees in Examining of the Printer that did Print Mr. Halls Book signified unto this House that the said Printer whose name is Henry Bynnyman upon his Examination before the Committees said that one John Wells a Scrivener in Fleetstreet did deliver the written Copy to him and when the Book was Printed he delivered one Book to Henry Shirland in Fridaystreet Linnen-Draper to be sent to Mr. Hall and that afterwards about a year past he delivered to Mr. Hall six of the said Books and at Michaelmas Term last six other of the said Books and one more to Mr. Halls man shortly after and said that Mr. Hall promised to get him a Priviledge whereupon he adventured he saith to Print the Book and saith that the Copy was written by Wells the Scrivener and that he received of the said Shirland Linnen-Cloth to the value of 6 l 13 s 4d. for Printing the said Book And that he staid of his own accord the publishing of the said Books till he were paid where Mr. Hall was contented that they should have been put to sale presently Which report so made by Mr. Secretary and withal that Mr. Hall and the Printer were both then at the Door the said Mr. Hall thereupon was brought to the Bar and being charged by Mr. Speaker in the behalf of the whole House with the setting forth the said Book containing very lewd and slanderous reproach not only against some particular Members of this House but also against the general State and Authority of this whole House denied not the setting forth of the said Book protesting the same to be done by him without any malicious intent or meaning either against the State of this House or against any Member of the same praying this whole House if he had offended in so doing they would remit and pardon him affirming withal very earnestly that he never had any more than one of the said Books and upon due consideration of his own rashness and folly therein willed that all the said Books should be suppressed and then was Mr. Hall sequestred Henry Bynnyman the Printer was brought to the Bar who affirmed in all things as Mr. Secretary Wilson before reported and further that he had Printed fourscore or an hundred of the said Books and was thereupon sequestred Henry Shirland was brought to the Bar who there confessed that Mr. Hall did write a Letter unto him and sent the said Book unto him willing him to get it Printed And that thereupon he delivered the Book to the said Bynnyman to have it Printed Wells the Scrivener being present with him and said further that Mr. Hall had paid him again the twenty Nobles which he before had paid the Printer and so he was then sequestred And the said Wells brought to the Bar upon his Examination saith that when he was Apprentice with one Mr. Dalton a Scrivener in Fleetstreet the said Mr. Hall lying then about Pauls-Wharf sent unto his said Master to send one of his Men unto him and that thereupon his said Master sent him unto the said Mr. Hall who when he came delivered to him a Book in written hand willing him to carry it home with him and Copy it out and said that when he had shewed it to his Master his Master Commanded him to write part of it and his Fellows some other part of it and his said Master as he remembreth did write the rest of it What his Master had for the writing of it he knoweth not And being further Examined saith that yesterday last past he delivered one of the said Books to Sir Randal Brierton from the said Mr. Hall and then the said John Wells was sequestred And afterwards all the Privy-Council being of this House Mr. Knight Marshal Mr. Recorder of London Mr. Serjeant Flowerdewe Mr. S t Leiger Mr. Cromwell Mr. Atkins the Master of the Jewel-House Sir Thomas Browne Sir Thomas Scott Mr. Nathanael Bacon Mr. Beale Mr. Norton and Mr. Alford were added to the former Committees for the further proceeding to the Examination of the matter touching Mr. Hall the Printer the Scrivener and all other persons Parties or privy to the publishing of the said Book set forth in Print by the means and procurement of the said Mr. Hall and to meet upon Wednesday next at two of the Clock in the Afternoon in the Exchequer Chamber Which done Mr. Hall being brought to the Bar again Mr. Speaker declared unto him that this House mindeth further to examine the particularities of the matter wherewith they have charged him and do therefore commit him to the Serjeants Ward with this Liberty that upon Wednesday next in the Afternoon being accompanied with the Serjeant he may attend at the Exchequer Chamber upon the Committees in the Cause and was thereupon had out of the House Henry Bynnyman the Printer John Wells the Scrivener and Henry Shirland Linnen-Draper being brought all three to the Bar were by Mr. Speaker injoined in the name of the whole House to give their attendance upon the said Committees at the time and place aforesaid and also at all times in the mean season thereof if they shall happen to be called by them or any of them and so were had out of the House And further it is Ordered by this House that Mr. Speaker do send the Serjeant for John Dalton late Master of the said John Wells and to charge him also to attend upon the said Committees at the said time and place in like manner Vide concerning this matter on Tuesday the 14 th day of this instant February following On Tuesday the 7 th day of February the Bill for the Cloth-Workers of London was read the second time and committed to the former Committees in the Bill for Cloths called Tauntons and Bridgwaters who were appointed on Saturday the 4 th day of this instant February foregoing Mr. Treasurer one of the Committees for the great causes brought in a Bill for restraint of disobedient Subjects and also Articles for the granting of the Subsidy which Articles were then read by the Clerk and agreed by the whole House to be delivered by Mr. Speaker to Mr. Attorney General to draw a
and working of Wax was read the second time and committed unto M r Comptroller M r Edgecombe M r Lieutenant M r Recorder and Mr. Cromwell to consider presently in the Committee Chamber Mr. Chancellor of the Exchequer brought in the Bill for Sheriffs with some Amendments and Additions and also a new Bill touching the return of Jurors which all were read Post Meridiem The House being called and some returned into the places of others Deceased since the last Session of this present Parliament and yet some of them supposed to be living some in place of others sick and diseased and some in place of others imployed in the Queens Majesties Service it is Ordered that all the said returns of this Session be Examined and the Orders and Precedents of this House in like Cases formerly used be also considered by some of this House and thereupon report to be made to this whole House of the state of the said Returns and Precedents to the end further order may be taken therein accordingly Whereupon were appointed for that purpose M r Treasurer M r Chancellor of the Dutchy M r Treasurer of the Chamber Sir Thomas Shirley Sir Edward Horsey Sir William Moore Sir Henry Gate Sir John Hibbott M r Attorney of the Dutchy M r Diggs M r Cromwell and M r Poole William Boreman Esq one of the Burgess for the Town of Wells was Licensed by Mr. Speaker to be absent for his necessary Affairs at the next Assizes in the County of Somerset On Saturday the 25 th day of February Two Bills of no great moment had each of them one reading of which the second being the Bill for the Explanation of the Statute of 32 H. 8. for Limitation of prescription was read the third time and passed upon the Question Tuesday next in the Afternoon in the Exchequer Chamber is appointed for the Committees to meet together to examine the returns and defaults appearing upon the calling of the House The Bill for the better fortifying of the Borders and Frontiers towards Scotland was read the second time and after many Arguments committed unto all the Privy-Council being Members of this House M r Treasurer of the Chamber M r Knight Marshal Sir Thomas Cecil Sir Henry Lea Sir Henry Knivett and others who were appointed to meet upon Monday next in the Exchequer Chamber at two of the Clock in the Afternoon On Monday the 27 th day of February Four Bills of no great moment had each of them one reading of which the first being the Bill touching the Examination of Witnesses in Towns Corporate was read the second time and Ordered to be ingrossed The two Bills which passed yesterday were now sent up to the Lords by M r Comptroller and others The Bill touching Leases of Tenants in Tail was read the second time and committed unto Sir Thomas Sampoole M r Sandes M r Amerdeth M r Cromwell M r Edward Stanhope and M r Shirley who were appointed to meet this Afternoon at two of the Clock in the Exchequer Chamber The Bill for the City of Carliol was read the second time and committed unto Mr. Comptroller Mr. Knight Marshal Sir Henry Knivett Sir John Dawney Sir Edward Horsey Sir Robert Stapleton Sir Henry Gate and others who were appointed to meet on Wednesday next at two of the Clock in the Afternoon in the Exchequer Chamber Mr. Serjeant Anderson and Mr. Dr. Barkeley did bring from the Lords word that their Lordships have appointed to meet with the Committees of this House at the Court in the Council Chamber at two of the Clock in the Afternoon touching the Bill of disobedient Subjects It is Ordered thereupon for this time that the former Committees with some others now added and no more shall attend the Lords to Morrow in the Afternoon according to the Message brought from their Lordships in the Bill for Religion The Bill for the punishment of Hereticks called the Family of Love was read the second time and committed unto Mr. Comptroller Mr. Vice-Chamberlain Mr. Chancellor of the Exchequer Mr. Secretary Wilson and others who were appointed to meet upon Wednesday next at two of the Clock in the Afternoon It was Ordered that the House should be called again upon Saturday next at two of the Clock in the Afternoon On Tuesday the 28 th day of February Five Bills of no great moment had each of them one reading of which the third being the Bill touching Clothes called Tauntons and Bridgewaters was read the third time and Ordered to be ingrossed Mr. Doctor Barkley and Mr. Doctor Ford did bring from the Lords a Bill touching the assurance of certain Lands to the Lord Compton The Bill against Moor-burning was read the second time The Bill touching Examination of Witnesses in Corporate Towns and these words viz. without Commission or Warrant from some of her Majesties Courts or Councels and these words or nisi prius are upon the Question Ordered to be put into the Bill and the word heretofore already in the Bill was upon the division of the House after the doubtfulness of the Question Ordered to remain in the Bill by the advantage of the number of nine persons and the Bill so amended was passed upon the Question On Wednesday the first day of March Three Bills had each of them one reading of which the third being the Bill for granting one Subsidy two Fifteenths and Tenths was read the third time and passed upon the Question On Thursday the second day of March Six Bills of no great moment had each of them one reading of which the last being the Bill for the Mayor Bailiffs and Commonalty of the City of Coventry was read the third time and passed upon the Question Five Bills were sent up to the Lords by all the Privy-Council being of this House and others of which one was the Bill touching Limitation of prescription in a Formedon in the Descender and another against the false packing of Hops Three Bills also had each of them one reading of which the third being the Bill against the Corporation of the Merchant Adventurers being Freemen of the City of London was read the second time and committed unto Mr. Treasurer Mr. Chancellor of the Exchequer Mr. Comptroller Mr. Chancellor of the Dutchy Mr. Vice-Chamberlain Mr. Secretary Wilson Mr. Lieutenant of the Tower the Master of the Jewel-House M r Dale Master of the Requests and others who were appointed to meet in the Exchequer Chamber to Morrow at two of the Clock in the Afternoon And further that the said Committees shall have Authority to hear such proofs on both parts as shall make request to come before them touching the contents of the said Bill On Friday the third day of March the Additions and Amendments in the Bill touching Tinners and Spaliers were twice read and the Bill Ordered to be ingrossed Two Bills also of no great moment had each of them one reading of which the first being the Bill for the preservation of
of this House who had not only had Conference thereof amongst themselves but also with Committees of the Lords yesterday and must so have again this day also in the Afternoon And sheweth further That yesterday upon the like Motion of this made by another Gentleman of this House it was agreed That all such matters as then were or should be offered unto this House tending to the preservation of her Majesties Person should be delivered and referred to the said Committees to be joyned in the Petition to be exhibited to her Highness on the behalf of this House and so wished this might also be without reading the said Bill or further proceeding therein by this House until the said Committees should first have reported unto this House their travail with the Lords in the said Cause which he thought would be to morrow And after sundry Speeches to that end uttered by M r George Moore Sir Henry Knyvet M r Treasurer and M r Francis Hastings it was referred to be imparted to the said Committees accordingly and therefore the Bill not to be read as yet in this House Sundry Speeches being had touching the Liberties of this House and of the preservation of the same Liberties about the matter of the Examination of the Returns of the Knights for the County of Norfolk and some arguing one way and some another the time so passing away the House did rise and nothing then resolved thereof at all And then also at the rising of the House it was moved That in respect of the meeting of the Committees in the great Cause with the Committees of the Lords this Afternoon the meeting of the Committees in the Bill for Orsord Haven likewise appointed for this Afternoon might be deferred till some other more convenient time On Wednesday the 9 th day of November after some Motions and Speeches had touching the Liberties of this House in the examination and Judgment of the returns for the Knights for the County of Norfolk It is upon the question resolved that M r Comptroller M r Treasurer M r Recorder of London M r Serjeant Snagg M r Cromwell Sir William Winter Sir Henry Knyvett M r Thomas Knyvett M r Alford M r Drew M r Harris Sir William Moore M r Morrice M r Sandes and M r Sanders be appointed Committees by this House to examine the state and circumstances of the said Returns and to meet for that purpose to morrow in the Afternoon at two of the Clock in the Exchequer Chamber And also that M r Watson Clerk of the Crown in the Chancery and also the Under-Sheriff of the County of Norfolk do then and there attend upon the said Committees in the exercise of the said Examinations accordingly And further that thereupon the said Committees or some of them do signifie unto this House upon Friday next in the Forenoon the state of the said matter as they shall find it upon the said Examination to the end this House may then take such further course therein as in that behalf shall be thought meet and convenient This day report was made by M r Thomas Cromwell that eleven of the Committees appointed by this House to examine the state and circumstances of the Writs and Returns made of the Knights for the County of Norfolk had according to their Commission met yesterday and that the Clerk of the Crown had brought before them as well the Writs as their Returns upon view whereof it appeared that two several Writs had issued out of the Chancery directed to the Sheriff of Norfolk for choice of the Knights of the Shire of that County the first dated the 15 th day of September the second dated the 11 th day of October The first appeared by the return to have been executed the 26 th day of September the second executed the 24 th of October which was after the Parliament was to have had its beginning By the first Writ M r Thomas Farmer and M r Gresham were returned to be chosen Knights by the second M r Christopher Heydon and the said M r Gresham That by the examination of the Clerk of the Crown it appeared unto them that the first Writ with the return was brought and offered unto him by the Under-Sheriff the 15 th day of October when as the Parliament was to have had its beginning and that with that Writ the Burgesses for the Boroughs of the County were also brought which then notwithstanding he received not That after about the 29 th day of October both the said Writs were delivered unto him It was further declared that the said M r Heydon with his Council and the said Mr. Farmer in person and also the Under-Sheriff had been before the Committees that Mr. Gresham as being returned by both the Writs had not been before them that they had examined Mr. Heydon and his Council what exceptions they could take to the Execution of the first Writ who then alledged two causes the one that due Summons was not given to the Freeholders of the Shire the other that Proclamation was not duly made That thereupon they examined the Under-Sheriff who in their presence affirmed that the Writ was delivered to the High-Sheriff on the Saturday which he received on the Sunday the County day being on Monday following On which day he was bound by Law to execute his Writs by which means he had not leisure either to summon many or any day left wherein he might by Proclamation notifie it in the Country That on the said Monday between eight and nine of the Clock three solemn O yes were made and the Queens Writ publickly read and all Circumstances used which the Law required wherein he was the more careful for that it was commonly bruted that there would be variance about the Election That the Election was so expected in the Country that by his Estimation there were three Thousand Persons at the same And that Mr. Farmer had the Voices without denyal that Mr. Justice Windham Sir Thomas Knyvett Sir Nicholas Bacon Sir Henry Woodhouse and divers other Justices of the Peace Esquires and Gentlemen of great calling were at the Election and gave their Assents to the same and set their Hands and Seals to the Indenture Upon consideration of the whole matter it appeared unto them that the first Writ and Return were in matter and form perfect and duly executed the second Writ they thought could not be available besides that the precedent was perillous for the time to come in respect that it appointed two others to be Chosen The effect of the Writ besides not observed for that Mr. Gresham one of the same was chosen by the first Writ They further declared that they understood that the Lord Chancellor and divers of the Judges having examined the matter were of the same opinion He declared further that one of the Committees had moved that two of the Committees might have been sent to understand of my Lord Chancellor what he
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
other to be offered to this House at some other more convenient time Nota That there is no other Speech touching this business particularly and fully set down in the Original Journal-Book of the House of Commons and therefore those Speeches which follow are supplied out of that Anonymous Journal of the same House of which there is more particular mention made in the very beginning of this present Journal M r Dalton stood up and spake with much earnestness against it saying It is hard upon a sudden for me to Answer a long premeditated Speech but as I am able I will say and shew what I think of the Bill Exhibited It pretends great things in shew tending to the hindrance of Gods service and the derogation of her Majesties Prerogative to the overthrow of our Laws and violating of our Liberties Things I say great in shew but no such things to be found in the matter spoke against It is easy to make of a Mole-Hill a Mountain in words so by a well compiled Speech to make a great and dangerous thing of nothing nay a thing indeed needless for that the State hath hitherto always stood upon this Government And so shewed how Ecclesiastical Government was distinct from the Temporal The Reasons he gave were few or none only his great dislike was that having received strait Commandment from her Majesty not to meddle with things concerning the Reformation of the Church and State of this Realm therefore in his opinion the Bill ought to be suppressed Sir John Woolley spake also against the Bill disallowing the matters in it And taking it as too busy a medling in such a thing so forbidden by her Majesty so he thought it not fit that it should be read Then spake Sir Francis Knowles allowing the Bill and Answered That whereas it was condemned as seeking the overthrow of a Member of the State and so against the Law it tended in his opinion but to the reforming of abuses and restraining of the Prelates That if they meddle against the Laws they shall incur a praemunire So that he thought the Bill to be good and fit to be read Then spake Doctor Lewen driving his Speech to a full Answer of M r Morris his Speech And first he shewed that as the natural Body was delighted in Change so was it also in the politick Body greedy of alteration That this Eversion of Bishops had long been sought for and in shooting at their Jurisdiction their aim was at their places as being no more able to stand the one without the other than a House without a Foundation Then he entred into a Discourse of Government as Monarchies Aristocracies and Democracies He allowed the Monarchies and in the most famous Monarchies in the World shewed this Government now exercised by the Bishops to have been used He endeavoured to prove the Bishops to be such a part of the Body politick as without them it could be no Body And in comparing it with the state of the Natural Body he termed the Prince and the Counsellors of State to be as the Senses and as the Head The Bishops and Ministers as the Shoulders and Arms the common people the Legs Now to take away the Shoulders from the Body were as great a blemish and prejudice as to have the Fingers tied unto the Shoulders Then came he to three parts of M r Morris his Speech Inquisition Subscription and binding absolution Inquisition he proved lawful First because it had been so long used and in the greatest Monarchies allowed For before Inquisition came in the manner of Tryal was by Accusation and then the party accusing was to suffer the penalty that the Law inflicted upon the party accused if he failed in his accusation Then it might be that the party accused if the Accuser failed in his accusation might sollicite two Witnesses to Answer for him which was sufficient to acquit him So the guilty escaped and the guiltless accuser was punished This seeming grievous they changed their Tryals into Inquisitions And whosoever reads Demosthenes and Tully shall see how unwillingly they were hired to accuse And if we look into the Laws of this Realm it is altogether by Inquisitions in Courts Baron Leets and in the Kings Courts and in the Star-Chamber So that this course is as lawful in the Ecclesiastical as in the Temporal Law Subscription was a thing we were bound unto by Statute The like was used in our Churches as at Geneva so as allowable here Absolution termed binding is no other than in the Common Law for in the Writ de Excommunicato capiendo the party absolved is to be sworn ad servandum jus and his Oath to perform the Law in this absolution is not grievous Whereas otherwise the party accused was to find pledges for the same Nay it is a liberty to him when upon his Oath he may be freed And so as to the Bill he thought it fittest that it should be first considered of by the Bishops and Judges of the Realm before it were read After this Mr. Henry Finch as may be conjectured out of the Original Journal-Book of the House of Commons where though his Speech be omitted yet he is set down and nominated to have spoken next after Doctor Lewen spake also against the Bill much to that effect which the said Doctor Lewen had spoken But neither was his name expressed in the aforesaid Anonymous Journal out of which these several Speeches are transcribed nor yet any more particulars of that which he spake Then stood up Mr. Oliver S t John as may be collected out of the aforesaid Original Journal-Book of the House of Commons where he is said to have spoken next after Mr. Henry Finch although his Speech be wholly omitted as is his name in the said Anonymous Journal out of which the said Speech and the rest are inserted and speaking for the Bill said it is and hath been the manner of this House to allow a mixture in speaking and after the Grave Honourable and Wisest then to hear the meanest also For my self I am but young yet will I shew unto you matter which is old In Answer to them that spake last the Ancient Charter of this Realm says Nullus liber homo c. which is flatly violated by Bishops Jurisdiction You know what things Thomas Becket stood upon against the King which things are now also crept in And for more full Answer of one that spake before his Antiquity and prescription cannot be allowed in this Government for any reason for so were the Official prestitute to take and exact Fees because time out of mind they had done so And set it down that it was Answered in the Parliament House That Thieves may prescribe to take Purses on Shooters-Hill because time out of mind they had done so For that of Inquisition it seems to him specially that spake last to be allowed before that tryal by accusation First by reason of the Antiquity of the
Original Journal-Book of the House of Commons in which it is generally related that the rest of this Forenoon was spent in the agitation of this and such like business yet because neither any particular relation of the Speeches in this business of M r Fitzherbert or of those other aforesaid Passages handled in the said Committee touching Elections is there set down although all the said matter be of very great weight and consequence I have therefore supplied a great part of the same out of the aforesaid Anonymous Journal more particularly mentioned at the beginning of this present Journal Where although all that part of Mr. Serjeant Yelvertons Speech touching Mr. Fitzherberts Election be omitted and which is before very happily supplied out of the Original Journal-Book it self yet the rest or at least the greater part of his Relations before mentioned is set down and is here inserted out of the same with divers other Speeches used and uttered chiefly touching that Question All which some alterations only excepted for order and explanation sake are herein inserted out of the said Anonymous Journal in manner and form following viz. Serjeant Yelverton spake further also after he had finished the Relation of the Committees proceeding touching M r Fitzherberts Election concerning the priviledges of the House In which he declared the Case of the Burgess of Miscread in Cornwall after whose Election the Town refused to deliver up their Indenture to the Sheriff But the party Elected made his Indenture and delivered it to the Clerk of the Crown who filed it with the rest of the Indentures returned by the Sheriffs the Sheriff having Indorsed it upon the Writ But this Indenture was never executed by the Sheriff and yet the Return was holden by the Committees as it should seem to be good Mr. Heile who had been another also of the Committees spake next and shewed the state of this and some other questions handled in that said Committee which were as followeth viz. John c. is returned in the Indenture by the name of Richard and whether this may not be amended by the House Mr. Audeley is returned Burgess for two Towns he having elected for which he will be a New Writ is to be directed to the other Town to chuse another Two Burgesses are returned for one Town One of the Burgesses being mistaken is willing to resign unto the other Whether by the assent of the Sheriff and party this is to be done The Bailiff of Southwark electeth himself by the name of Richard Hutton Gentleman and the Indenture returned by the Sheriff is Richard Hutton Bailiff if this be good Thomas Fitzherbert of Staffordshire being Outlawed upon a Capias utlagatum after Judgment is Elected Burgess of this Parliament Two hours after his Election before the Indenture returned The Sheriff arrested him upon this Capias utlagatum The party is in Execution Now he sendeth this Supplication to this House to have a Writ from the same to be enlarged to have the Priviledge in this Case to be grantable He argued thus That he was not Electable because in the calling and in the electing of parties called there must be chosen Viri idonci But a man Outlawed is not idoneus therefore not Electable Considering this disability holds in all other Causes of Law therefore in this that is the greatest He urged the Authority of 19 H. 7. four parties attainted moved to have their Attainders redressed before they can sit There 't is said a man Outlawed for sorging false Deeds is not eligible to be of the Parliament Then Sir Edward Hobby spake as followeth The party Outlawed is not out of his wits therefore capable and then is a man able to be chosen and idoneus to be a Burgess Only a differrence may be made where the Outlawry is for a Cause Criminal and for a Case personal as in this Cause Is this disability greater that a man Outlawed may not be a Burgess as well as an Attorney to a man or an Executor I think it will stand with the priviledge of this House to deliver him though he were Outlawed Mr. Lewes said that a man Outlawed cannot have priviledge being an Execution upon a Capias Quia frustra Legis auxilium implorat qui in Legem peccat Cardinal Pool would not come into the Parliament House till the Attainder against him was reversed Ignotus quidam Multa sunt quae fieri non debent quae tamen facta tenentur bona It had been a good exception against his Election to say he was Outlawed but 't is no disability to him being Elected Serjeant Yelverton said he could not have the priviledge being in Execution upon a Capias utlagatum after Judgment The Book of 2 Edw. 4. 8. cited to be expresly so And that a Judge reported unto him that in 34 Hen. 8. a Burgess being arrested and in Execution upon a Statute could not have priviledge of the House Whereupon Mr. Finch said he could not tell which to hold or which side to take The Book of 20 Hen. 7. doth prove that there were Elected such as were Attainted and that disability was taken against them The Writ to chuse a Burgess is not Legalem hominem but Idoneum Therefore we ought not to be so strict as if he were to be challenged upon a Jury At the Common Law Outlawry was only for Causes Criminal as for Treason or Felony but this Outlawry in Personal Causes is only by the Statute of 11 Hen. 4. which makes not so great a disability as that at the Common Law On the other side Utlagatus ne Villein cannot be a Champion which is as a Judge to decide then à fortiori he can be no Judge in this House Outlawry is as an Attainder therefore the party so stained is no competent Judge The great Charter is all Tryals ought to be per legales homines parium sitorum The Outlawed man is not of the number of Parium so not to be a Judge Vide 8 Edw. 3. Utlagatus ne poiet estre Mr. Broughton held that a man Outlawed may be a Burgess For in no case is Outlawry disability where a man is en auter droit as to be Executor or Attorney it is no Exception to the party The Case in 38 Hen. 8 Dyer 62. was cited Mr. Hall's man was delivered out of Execution the last Parliament by a Mittimus from the House And though the party be in Execution if not at the Queens suit he is to have the priviledge and yet the party not to lose his debt nor the Sheriff to be charged Vide postea April 5 th Thursday Nota That these Speeches are all transcribed out of the said Anonymous Journal more particularly mentioned at the beginning of this present Journal After which by occasion of a Message sent down from the Lords it should seem this business brake off abruptly at this time And therefore see more concerning it on Friday the 2 d day and on
all nothing but my daily Industry Neither from my Person or Nature doth this choice arise for he that supplieth this place ought to be a man bigg and comely stately and well spoken his voice great his carriage Majestical his Nature haughty and his Purse plentiful and heavy but contrarily the stature of my body is small my self not so well spoken my voice low my carriage Lawyer-like and of the common fashion my Nature soft and bashful my Purse thin light and never yet plentiful Wherefore I now see the only cause of this choice is a gracious and favourable censure of your good and undeserved Opinions of me But I most humbly beseech you recal this your sudden Election And therefore because the more sudden the sooner to be recalled But if this cannot move your sudden choice yet let this one thing perswade you that my self not being gracious in the Eye of her Majesty neither ever yet in account with any great Personages shall deceive your expectation in those weighty matters and great affairs which should be committed unto me For if Demosthenes being so learned and eloquent as he was one whom none surpassed trembled to speak before Phocion at Athens how much more shall I being unlearned and unskillful supply this place of dignity charge and trouble to speak before so many Phocions as here be yea which is the greatest before the unspeakable Majesty and Sacred Personage of our dread and dear Soveraign The terror of whose countenance will appall and abase even the stoutest heart yea whose very name will pull down the greatest courage For how mightily doth the estate and name of a Prince deject the haughtiest Stomach even of their greatest Subjects I beseech you therefore again and again to proceed unto a new Election here being many better able more sufficient and far more worthy than my self both for the Honour of this Assembly and general good to the publick State Thus far out of the aforesaid fragmentary and imperfect Journal the rest that follows is out of the Original Journal-Book it self After which Speech of Serjeant Yelverton's the Right Honourable Sir John Forteseue Knight one other of her Highness said most Honourable Privy-Council and Chancellor of her Majesties Exchequer stood up and affirming all the said former Speech of the said M r Comptroller in the Commendation and good parts of the said M r Serjeant Yelverton and inferring further that he the said M r Chancellor had well perceived by the said M r Serjeants own Speech tending to the disabling of himself to the said place that he was thereby so much the more sufficient and meet for the same And so for his part likewise nominating the said M r Serjeant Yelverton to be their Speaker moved the House further for their liking and resolution therein who all with one accord and consent yielded unto the said Election Whereupon the said M r Comptroller and M r Chancellor did rise up and place the said M r Serjeant Yelverton in the Chair Which done the said M r Serjeant after some small pause stood up and giving unto the whole House most hearty thanks for their good opinions and conceit of him signified unto them nevertheless that by their good favours he would endeavour when he should come before her Majesty to be an humble Suitor unto her Highness to be discharged of the said place if he so could And immediately the House did rise and were to meet there again upon the Thursday next following On Thursday the 27 th day of October the House being set and before M r Speaker went up to her Majesty in the Upper House M r Chancellor of the Exchequer moved and admonished that none of this House should after this present day enter into the same House with their Spurs on for offending of others and withal that none do come into this House before they have paid the Serjeants Fees of this House due unto him according to the accustomed usage of this House in that case M r Speaker with the greatest number of the Members of this House after their abiding along time silent and attending her Majesties Pleasure from the Upper House to be sent for thither did go out of this House towards the said Upper House there to be the more near and ready to come before her Highness in the said Upper House at such time as her Majesty should please to send for them And afterwards being admitted and the said Speaker presented and allowed by her Majesty according to the usual form in that case accustomed and returning back again from the said Upper House attended by the Serjeant of this House bearing the Mace before him upon his aforesaid allowance in the Upper House in the said place of Prolocutor he took his place in the Chair and being there set signified unto the House that whereas in former times the Order was to have a Bill read before the House did rise the same could not be so done at this time because her Majesty had in the Upper House Adjourned this Parliament till Saturday next come seven-night being the 5 th of November next coming at eight of the Clock in the Forenoon of the same day till which time he and all the Members of this House might depart and take their ease And so then every man went his way Nota That this was a mistake of M r Serjeant Yelverton now Speaker of the House of Commons for the Adjournment in the Upper House did not nor could not hinder the reading of a Bill in the House of Commons upon the allowance of their Speaker in the said Upper House and their return from it according to the antient use and custom although the Adjournment of the Parliament by her Majesty being present in the said House is for the most part accounted an Adjournment of both the Houses To make which truth more clear there shall need no other Precedent to be cited than that in the last Parliament de An. 35 Regin Eliz. where Edward Cooke Esquire the Queens Sollicitor being chosen Speaker of the beforementioned Commons House was presented unto her Majesty upon Thursday the 22 th day of February and the words there were Dominus Custos magni Sigilli ex mandato Dominae Reginae continuavit praesens Parliamentum c. to the next Saturday following by which very words the Parliament was also continued at this time unto the Saturday seven-night after And then upon the return of the said M r Cooke their Speaker to the House of Commons in the said thirty fifth year of her Majesty an ordinary Bill touching the pleading of a Bar at large in an Ejectione firmae had its first reading although after the reading he there declared that it was her Majesties pleasure that the said House should be Adjourned and not meet again until the said Saturday on which the Upper House met again also And therefore it is plain that M r Serjeant Yelverton did at this time not
Majesties person the great victories we have had the greatness of Neighbouring Princes raised only by her Majesty so that she hath spent as it was said by Sir Walter Raleigh so much that now she is fain to desire the help of her subjects Let us therefore draw to some head and leave our Orations and Speeches fitter for a Parliament than for a Committee We are to consider only what is fit to be given And as for my part as a poor Member and one of the meanest in this House I will be bold to deliver mine opinion first because some must break the Ice Three pound Land and under to pay two shillings eight pence in the pound and five pound goods and under to pay one shilling eight pence in the pound and double Tenths and Fifteenths assoon as may be Although I may seem over bold being but a Rural and Countryman to speak even out of my Element in this Case Yet I do heartily crave pardon of all beseeching that neither my unaptness or disorder of Speech nor the unworthyness of my Person may prejudice the Cause Sir Robert Wroth that four pound Land full Subsidy and six pound goods full Subsidy might be paid to her Majesty Sir Francis Hastings moved that three pound men might be exempted and all others above that rate to pay according to the rate to make up a full Subsidy M r Philipps moved that the four pound men might be exempted and four Subsidies received from the Rich which should be termed a Contribution because it might make no innovation Sir Walter Raleigh said If all pay alike none will be agreived if any be exempted doubtless it will breed much grief and the feeling will be great to those three pound men that will feel any thing but it will be nothing to them that know any thing Sir Edward Hobbie said We cannot hear you speak out you should speak standing that so the House might the better hear you So Sir Walter Raleigh said that being a Committee he might speak either sitting or standing and so repeated over again the former Speech M r Secretary Cecill said Because it is an Argument of more Reverence I chose to speak standing As long as the Queen by the advice of her Council did find means to spare you so long she ever desired that her Subjects might not be charged But if her Majesty assoon as the last Subsidy had been spent should have again resorted unto you I do assure you this Parliament had been called in October last Now if upon providence and foresight you did contribute unto her Majesty much more should we now do the same seeing a resolute Company of Souldiers have intrenched themselves in her Majesties Kingdom of Ireland and more Supplies thither are daily expected It is time to open our Coffers that we may obviate in the beginning these few Forces of the Spaniards lest growing to greater Forces we cannot expel them with less than five hundred thousand pound which we may now do with one hundred thousand in present If there be any that sits next the Door that desires to sit next the Chair to give his opinion I will not only give him my place but thank him to take my charge This was conceived to be Sir Edward Hobbie who coming to sit near the Chair and not giving him place sate next the Door We that sit here for my part take your favours out of courtesy not out of duty but to the purpose The Queen hath occasion to use as divers in this House do know three hundred thousand pound before Easter how this shall be raised and gathered that 's the question for without this proportion of charge neither the Spaniards in Ireland can be repell'd and the Wars there maintained neither her Majesties other affairs be set on foot neither provision sufficient can be set on foot or made from defence of Foreign Invasions Admit with a less charge we should now expel him will any man be so simple to think he will give over the enterprise being of so great consequence and grow desperate I should think him but a man of shallow understanding and less policy Surely if we had been of that mind when he had that great overthrow of his invincible Navy in eighty eight we had been destinated to perdition For how many changeable enterprises of puissant and great consequence hath he since made The like if his Forces in Ireland should now fail would he do again And therefore that provision we now make if he should be expell'd with a less matter would serve to make defence against his next Invasion of that Kingdom as also enrich her Majesty to be ready to furnish her Navy and Forces the speedier for her safety Besides if he bestow such Masses of Treasure for the gaining of one poor Town Ostend what will he do to gain so strong and famous a Kingdom as Ireland I will by the leave of a worthy person who sits by me and knows these things better than I do yield a particular account unto you of the state it self First the last whole Subsidy after the rate of four pound Lands and eight groats Goods came not to above fourscore thousand pounds the Subsidy of the Clergy twenty thousand pound the double Fifteenths threescore thousand pounds All which is eightscore thousand pounds Since my Lord of Essex's going into Ireland she hath spent three hundred thousand pound So the Queen is behind one hundred and forty thousand pound Thus we refer the matter to your judicious consideration We only shew you the present state of the Queen and her affairs wishing no man to look that we should give advice what is to be done as though you your selves who are the wisdom of the Land could neither direct your selves nor upon these reasons alledged judge of the necessity of the State M r Comptroller Sir John Fortescue and Secretary Herbert spake all to the like effect only Sir John Fortescue added this that what pleased the House in the name of the Subsidy to bestow the same Her Majesty did and would ever imploy to their uses so that dying it might be written on her Tomb Quòd occupatus vixit so that she dying liveth still imploying all to the safety of her Subjects And I beseech you remember that the Great Turk when he Conquered Constantinople found therein three hundred Millions of Gold If they quoth he had bestowed three Millions in defence of their City he could never have gotten it From this Blindness I pray God defend us that we may not be backward to give four Subsidies to her Majesty for want whereof in time we may happen to lose that which will not be recovered or defended with a hundred So after a few other Conferences and Speeches pro con it was concluded that the House should be certified of the proceeding on Monday and by general consent the three pound men to be included And so the House about six of the
Raleigh blusht Dice Starch and the like they are because Monopolies I must confess very burtful though not all alike hurtful I know there is a great difference in them And I think if the abuses in this Monopoly of Salt were particularized this would walk in the fore rank Now seeing we are come to the means of redress let us see that it be so mannerly and handsomely handled that after a Commitment it may have good passage M r Lawrence Hide I confess M r Speaker that I owe duty to God and Loyalty to my Prince And for the Bill it self I made it and I think I understand it And far be it from this heart of mine to think this tongue to speak or this hand to write any thing either in prejudice or derogation of her Majesties Prerogative Royal and the State But because you shall know that this course is no new Invention but long since digested in the Age of our Fore-fathers above three hundred Years ago I will offer to your considerations one Precedent 10 Ed. 3. At what time one John Peach was Arraigned at this Bar in Parliament for that he had obtained of the King a Monopoly for Sweet Wines The Patent after great advice and dispute adjudged void and before his face in open Parliament Cancelled because he had exacted three shillings and four pence for every Tun of Wine himself adjudged to Prison until he had made restitution of all that ever he had recovered and not to be delivered till after a Fine of five hundred pounds paid to the King This is a Precedent worthy of observation but I dare not presume to say worthy the following And M r Speaker as I think it is no derogation to the Omnipotence of God to say he can do all but evil So I think it is no derogation to the Majesty or Person of the Queen to say the like in some proportion Yet M r Speaker because two Eyes may see more than one I humbly pray that there might be a Commitment had of this Bill lest something may be therein which may prove the bane and overthrow thereof at the time of the passing M r Speaker quoth Serjeant Harris for ought I see the House moveth to have this Bill in the nature of a Petition It must then begin with more humiliation And truly Sir the Bill is good of it self but the penning of it is somewhat out of course M r Mountague said The matter is good and honest and I like this manner of proceeding by Bill well enough in this matter The grievances are great and I would note only unto you thus much that the last Parliament we proceeded by way of Petition which had no successful effect M r Francis Moore said M r Speaker I know the Queens Prerogative is a thing curious to be dealt withal yet all grievances are not comparable I cannot utter with my tongue or conceive with my heart the great grievances that the Town and Country for which I serve suffereth by some of these Monopolies It bringeth the general profit into a private hand and the end of all is Beggery and Bondage to the Subjects We have a Law for the true and faithful currying of Leather There is a Patent sets all at liberty notwithstanding that Statute And to what purpose is it to do any thing by Act of Parliament when the Queen will undo the same by her Prerogative Out of the spirit of humiliation M r Speaker I do speak it there is no Act of hers that hath been or is more derogatory to her own Majesty more odious to the Subject more dangerous to the Common-Wealth than the granting of these Monopolies M r Martin said I do Speak for a Town that grieves and pines for a Countrey that groaneth and languisheth under the burthen of monstrous and unconscionable Substitutes to the Monopolitans of Starch Tinn Fish Cloth Oyl Vinegar Salt and I know not what nay what not The principallest commodities both of my Town and Country are ingrossed into the hand of those blood-suckers of the Common-Wealth If a body M r Speaker being let blood be left still languishing without any remedy how can the good estate of that body long remain Such is the State of my Town and Country the Traffick is taken away the inward and private Commodities are taken away and dare not be used without the Licence of these Monopolitans If these blood-suckers be still let alone to suck up the best and principallest commodities which the earth there hath given us what shall become of us from whom the fruits of our own Soil and the commodities of our own labour which with the sweat of our brows even up to the knees in Mire and Dirt we have laboured for shall be taken by Warrant of Supream Authority which the poor Subjects dare not gainsay M r George Moore said I make no question but that this bill offereth good matter And I do wish that the matter may in some sort be prosecuted and the Bill rejected Many grievances have been laid open touching the Monopolics of Salt but if we add thereunto peter then we had hit the grief aright with which my Country is perplexed There be three persons her Majesty the Patentee and the Subject her Majesty the head the Patentee the hand and the Subject the soot Now here 's our Case the head gives power to the hands the hand oppresseth the foot the foot riseth against the head We know the power of her Majesty cannot be restrained by any Act why therefore should we thus talk Admit we should make this Statute with a Non objtante yet the Queen may grant a Patent with a Non objtante to cross this Non obstante I think therfore it agreeth more with the gravity and wisdom of this House to proceed with all humbleness by Petition than Bill M r Wingfield said I would but put the House in mind of the proceeding we had in this matter the last Parliament in the end whereof our Speaker moved her Majesty by way of Petition that the griefs touching these Monopolies might be respected and the grievances coming of them might be redressed Her Majesty answered by the Lord Keeper that she would take care of these Monopolies and our griefs should be redressed if not she would give us free liberty to proceed in making a Law the next Parliament The grief M r Speaker is still bleeding and we green under the sore and are still without remedy It was my hap the last Parliament to encounter with the word Prerogative but as then so now I do it with all humility and wish all happiness both unto it and to her Majesty I am indifferent touching our proceeding either by Bill or Petition so that therein our grievances may follow whereby her Majesty may specially understand them Sir Walter Raleigh said I am urged to speak in two respects the one because I find my self touched in particular the other in that I take