am to do this Office my present Speech doth tell that of a number in this House I am most unfit For amongst them are many grave many learned many deep wise men and those of ripe Judgments But I am untimely Fruit not yet ripe but a Bud scarcely blossomed So as I fear me your Majesty will say Neglectâ frugi eliguntur folia Amongst so many fair Fruit ye have plucked a shaking Leaf If I may be so bold as to remember a Speech which I cannot forget used the last Parliament in your Majesties own Mouth Many come hither ad consulendum qui nesciunt quid sit consulendum a just reprehension to many as to my self also an untimely Fruit my years and judgment ill besitting the gravity of this place But howsoever I know my self the meanest and inferiour unto all that ever were before me in this place yet in faithfulness of service and dutifulness of love I think not my self inferiour to any that ever were before me And amidst my many imperfections yet this is my comfort I never knew any in this place but if your Majesty gave them favour God who called them to the place gave them also the blessing to discharge it The Lord Keeper having received Instructions from the Queen Answered him M r Sollicitor Her Graces most Excellent Majesty hath willed me to signify unto you that she hath ever well conceived of you since she first heard of you which will appear when her Highness Elected you from others to serve her self But by this your modest wise and well composed Speech you give her Majesty further occasion to conceive of you above that which ever she thought was in you by endeavouring to deject and abase your self and your desert you have discovered and made known your worthiness and sufficiency to discharge the place you are called to And whereas you account your self Corpus opacum her Majesty by the Influence of her Vertue and Wisdom doth enlighten you and not only alloweth and approveth you but much thanketh the Lower House and commendeth their discretion in making so good a Choice and Electing so fit a Man Wherefore now Mr. Speaker proceed in your Office and go forward to your Commendation as you have begun The Lord Keepers Speech being ended the Speaker began a new Speech COnsidering the great and wonderful Blessings besides the long Peace we have enjoyed under your Graces most Happy and Victorious Reign and remembring with what Wisdom and Justice your Grace hath Reigned over us we have Cause daily to praise God that ever you were given us and the hazard that your Majesty hath adventured and the Charge that you have born for us and our safety ought to make us ready to lay down our selves and all our living at your Feet to do you service c. After this he related the great Attempts of her Majesties Enemies against us especially the Pope and the King of Spain who adhered unto him How wonderfully we were delivered in Eighty eight and what a favour God therein manifested unto her Majesty His Speech after this tended wholly to shew out of the History of England and the old State how the Kings of England ever since Henry the Thirds time have maintained themselves to be Supreme Head over all Causes within their own Dominions And then reciting the Laws that every one made in his time for maintaining their own Supremacy and excluding the Pope he drew down this proof by a Statute of every King since Henry the Third to Edward the Sixth This ended he came to speak of Laws that were so great and so many already that they were fit to be termed Elephantinae Leges Therefore to make more Laws it might seem superfluous And to him that might ask Quid causa ut crescant tot magna volumina Legis It may be Answered In promptu causa est crescit in orbe malum The malice of our Arch-Enemy the Devil though it were always great yet never greater than now and that Dolus Malum being crept in so far amongst men it was requisite that sharp Ordinances should be provided to prevent them and all care to be used for her Majesties Preservation Now am I to make unto your Majesty three Petitions in the name of the Commons First That liberty of Speech and freedom from Arrests according to the Ancient Custom of Parliament be granted to your Subjects Secondly That we may have access unto your Royal Person to present those things that shall be considered amongst us Lastly That your Majesty will give us your Royal Assent to the things that are agreed upon But this said last Petition seems to have been mistaken by that Anonymus out of whom this said Speech is transcribed as aforesaid for this Petition is proper and usual at the end of a Sessions upon a Prorogation or of a Parliament upon a Dissolution when the two Houses have passed divers Acts which only want the Royal Assent to put life into them And doubtless the third Petition which should have ensued here was for freedom from Arrests for themselves and their necessary Attendants which being wholly omitted I have before caused to be inserted though more briefly in its proper place And thus this mistake being cleared the residue of the said Speakers Speech ensueth And for my self I humbly beseech your Majesty if any Speech shall fall from me or behaviour found in me not decent and fit that it may not be imputed blame upon the House but laid upon me and pardoned in me To this Speech the Lord Keeper having received new Instructions from the Queen made his Reply in which he first commended the Speaker greatly for it And then he added some Examples of History for the Kings Supremacy in Henr. 2. and Kings before the Conquest As to the deliverance we received from our Enemies and the Peace we enjoyed the Queen would have the praise of all those attributed to God only And touching the Commendations given to her self she said Well might we have a wiser Prince but never should they have one that more regarded them and in Justice would carry an evener stroke without exception of persons and such a Prince she wisht they might always have To your three demands the Queen Answereth Liberty of Speech is granted you but how far this is to be thought on there be two things of most necessity and those two do most harm which are Wit and Speech The one exercised in Invention and the other in uttering things invented Priviledge of Speech is granted but you must know what priviledge you have not to speak every one what he listeth or what cometh in his brain to utter that but your priviledge is I or No. Wherefore M r Speaker her Majesties Pleasure is that if you perceive any idle Heads which will not stick to hazard their own Estates which will meddle with reforming the Church and transforming the Common-Wealth and do exhibite any Bills to such purpose
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
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
your things you observe such Order that matters of the greatest Moment and most Material to the State be chiefly and first set forth so as they be not hindred by particular and private Bills to this purpose That when those great Matters be past this Assembly may sooner take end and men be licensed to take their ease I have said The Speaker being thus allowed he returned to the House of Commons with the Serjeant of the House bearing the Mace before him and the Queen's Majesty and the Lords rose and departed On Monday the 30th day of January were divers Lords Spiritual and Temporal present as is plainly set down in the entrance of the names in the Original Journal Book of the Upper House Francis Spilman Esq Clerk of the Upper House standing at the Table near the lower Woolsack did there read a certain Bill written in Paper and Intituled An Act for the restitution of the first Fruits and Tenths and Rents reserved Nomine Decimae and of Parsonages Impropriate to the Imperial Crown of this Realm and after he had so read it which was accounted the first reading thereof then he delivered the same kneeling unto Sir Nicholas Bacon Knight Lord Keeper of the Great Seal together with a Brief of the Bill The Lord Keeper read the Title of the Bill and then reported the effect of the same unto the House out of the Brief And then concluded with these words viz. This is the first time of the reading of this Bill And there is no mention made in the Original Journal Book of the Upper House that this Bill was at all spoken unto upon this reading neither is it indeed usual although there have not wanted Presidents thereof prout A. 1. H. 8. 11. Die Parliamenti Billa de actionibus brought from the Commons Lecta prima vice Domini disputando censuerunt reformandum quod Regia Majestas haberet 3. vel 4 Annos pars vero contra partem nisi unum Annum And a Bill hath been rejected upon the first reading prout Anno 3. Edw. 6. 14. Nova Billa pro jurisdictione Episcoporum Rejected and a Committee appointed to draw a new Bill of which also there want not divers other Presidents in most of the other Journals during her Majesties Reign but most true it is that usually a Bill is seldom rejected till the second reading for then it is most proper to be spoken unto and when it hath received either a longer or shorter disputation in the House then the proceedings eommonly are either to order it to be engrossed or refer it to Committees or to reject it which course holdeth only in Bills that come newly into either House For if a Bill having passed one of the two Houses be sont unto the other it is never ordered to be ingrossed because it comes from thence ready ingrossed in Parchment and seldom referred to Committees or rejected there want not also divers Presidents when a Bill hath been disputed after the third reading and sometimes recommitted and sometimes rejected Of all which the Examples and Presidents are so frequent in all the insuing Journals of this Queen as also in those foregoing of H. 8. Ed. 6. and Queen Mary as there is not need to make any large Citation of them Neither do there want in their several places fit and due references whereby to refer the several Presidents of this nature contained in one and the same Journal from one to another Which things being thus premised and observed now follow some Animadversions or Presidents touching the Commission of Bills and further proceedings in them upon the first reading Bills also have been Committed upon the first reading prout An. 6. H. 8. 14. Feb. recepta est Billa in papyro concernens apparatum lecta est prima vice deliberata Magistro Pigot reformanda Anno Primo Ed. 6. 21. Novembris allata est à Communi domo Billa for benefices Common Preachers and residence quae prima vice lecta est commissa Archiepis Cantuarien ' Episcopo Elien Episcopo Dunolmen ' Episcopo Roffen ' Episcopo Lincoln ' Marchioni Northampton Domino St. John Comiti Arundel Domino Admirallo Domino Wentworth and in A. 5. Edw. 6. 16. Feb. Hodie prima vice lecta est Billa to avoid regrating forestalling c. commissa est Magistro Hales Magistro Molineux Magistro Saunders Solicitatori Reginae And there are very many Presidents that Bills have been committed upon the first reading in the times of Hen. 8. and Ed. 6. as may appear by the Committees of those times The like Presidents are to be found in most of the Journals of her Majesty prout A. 8. Eliz. Oct. 3. The Bill for the better Executing of Statutes c. codem An. 5. Octob. touching Fines and Recoveries An. 13. Eliz. 20. Aprilis against fraudulent Conveyances c. An. 14. Eliz. 12. Maij for preservation of Woods eodem An. die for the punishment of Vagabonds and so in many other Parliaments of this Queen's time of which because they are so frequently obvious it would be unnecessary to make further repetition And although there be no mention made in the Original Journal Book of the Upper House that the Lords and Members of the same were this day called yet there is no great doubt to be made thereof and therefore I have caused it to be inserted and applied unto this time in manner and form following Francis Spilman the Clerk did on this third day of the Parliament call every Lord in the House by his Name that so it might be seen who were present beginning with the lowest Baron and ascending to the highest Peer where also the Proxies and other Excuses of the absent Lords were Registred But it may be Collected by the Parliament Rolls Annis 37. 38. 40. 43. 45. 47. 50. Ed. 3. that the Lords names were called the first day and the Commons also in the Upper House before the King 's coming which Order in respect of the time is held still with the Commons whose Names are usually called at this day in the Court of Requests the first day of the Parliament Dominus Custos Magni Sigilli continuavit presens Parliamentum usque in diem Crastinum hora Octava On Tuesday the 31th day of Jan. the former Bill for the restitution and annexation of the first Fruits and Tenths to the Imperial Crown of the Queen's Majesty was read the Second time Francis Spilman Esq Clerk of the House having read the said Bill for the Restitution and Annexation of the First-fruits c. standing at the Table near the nether Woolsack did then deliver the same without any Brief Kneeling to the Lord Keeper who thereupon read the Title thereof to the House and said This is the second Reading and so the Bill was Ordered to be Ingrossed which is no more than to Transcribe the Bill sairly out of the Paper in which it was written into Parchment More
Crows And the Bill to revive the Act against Rebellions were each of them read the second time and thereupon Ordered to be ingrossed The Bill that the Queens Majesty shall have divers temporal Lands of the Archbishops and Bishops in recompence of Tenths and Parsonages Impropriate was read the third time and passed upon the Question and Division of the House viz. With the Bill a hundred thirty four and against the Bill ninety The Bill for Restitution in Blood of Henry Howard Jane Howard and Katherine Wife to the Lord Barkley was brought from the Lords by Doctor Lewes and others M r Carnefewe declared to the House that ..... Thrower Servant to the Master of the Rolls did say against the State of the House that if a Bill were brought in for Womens Wyers in their Pastes they would dispute it and go to the Question and that he heard the Lords say as much at his Masters Table and that these words were spoken on Wednesday last before Easter at Lincolns-Inn Whereupon the said Thrower being brought to the Bar by the Serjeant denied these words to be spoken by him and Carnefewe affirmed them whereupon Thrower was Committed to the Serjeants keeping Vide concerning this matter on Saturday the 15 th day of this instant April foregoing On Tuesday the 18. day of April the Bill for taking and having of Apprentices and Journey-men was read the first time and as it should seem committed to M r Arnold to consider of The Bill for making of Frizes in length and breadth in Wales was read the second time and Ordered to be ingrossed Two Bills had each of them one reading Of which one being the Bill for the Unity of the Service of the Church and Ministration of the Sacraments was read the first time John Griffith Esq Knight for Flintshire in Wales hath License to go home for the delivery of Records at the next County On Wednesday the 19. day of April the Bill for Lading in long Bottoms and for Uniformity of Common-Prayer and Service in the Church were read the second time and Ordered to be ingrossed On Thursday the 20. day of April the Bill for the Restitution in Blood of Henry Howard younger Son to the late Earl of Surrey Lady Jane Howard Lady Katherine Howard Wife to Sir Henry Lord Barkley and Lady Margaret Howard was read the first time And the Bill to revive the Act for killing of Rooks and Crows was read the third time and passed Two Bills had each of them one reading of which the latter being the Bill for the Unity of Service in the Church and Administration of the Sacraments was read the third time and passed the House The Bill lastly for the Watermen of the Thames to have Harque-Buts Shots c. was read the second time and as it should seem was committed to M r Cambden and others not named On Friday the 21. day of April the Bill to carry Corn out of the Realm The Bill that Timber shall not be made for Cole to make Iron The Bill that Hides of four years old shall be made for sole Leather And a Bill for the good Order of Servants of Husbandry and Artificers and their Wages were each of them read the first time On Saturday the 22. day of April for that this day M r Speaker with most of the House were all the Forenoon to hear the Arraignment in Westminster-Hall of the Lord Wentworth for the loss of Calis they sate not till the Afternoon at which time the Bill that Tanners shall convert Hides of Beasts of four years old and a half into soal Leather was read the second time April the 23. Sunday On Monday the 24. day of April the Bill for Restitution in Blood of Henry Howard c. was read the second time but no mention is made that it was either Ordered to be ingrossed or referred to Committees because it had been formerly sent from the Lords Three Bills had each of them one reading of which the first being the Bill for the dissolution of Houses of Monasteries Abbies Priories c. erected since the Death of King Edward the VI. was read the first time The Bill lastly for preservation of Spawn and Fry of Fish was read the third time and passed the House And the Bill to take Goods and Merchandize was read also the third time and passed the House upon the Division thereof viz. with the Bill eighty four and against the Bill sixty six Robert ap Hugh Knight of Carnarvonshire had Licence to be absent for his great business at the Assizes at Denbigh on Monday next On Tuesday the 25 th day of April the Bill against burning of Timber into Cole to make Iron in certain places was read the second time Nine Bills were sent up to the Lords by Sir Anthony Coke and others of which one was the Bill for the preservation of Spawn of Fish c. And another was for the Uniformity of Common Prayer for Service in the Church and Administration of the Sacraments The Bill for Wages of Servants and Labourers And the Bill for Dissolution of certain Abbies Priories Hospitals c. were each of them read the second time The Bill for the Restitution in Blood of the Lord Dacres of the South was sent from the Lords by M r Read and others Two Bills lastly of no great moment had each of them one reading being the third and passed the House Of which one was the Bill to revive an Act against unlawful Assemblies and the other for punishment of Sorcery and Witchcraft and Buggery to be Felony On Wednesday the 26 th day of April Two Bills of no great moment had each of them one reading Of which the first being the Bill for Restitution in Blood of the Lord Dacres of the South was read the first time Two Bills of no great moment had each of them one reading of which the first being the Bill for making searching and sealing of Woollen Cloths was read the second time and thereupon Ordered to be ingrossed The Bill restoring to the Crown the Antient Jurisdiction over the State Ecclesiastical and Spiritual and abolishing of Foreign Power repugnant to the same with a Proviso added thereunto by the Lords was sent down from their Lordships by Serjeant Weston and the Queens Attorney which being omitted in the Original Journal-Book of the House of Commons is therefore supplied out of that of the Upper House On Thursday the 27 th day of April the Bill for searching and sealing of Woollen-Cloths was read the third time and passed the House and was sent up unto the Lords by M r Secretary The Bill for Answering of Customs and laying Goods and Merchandizes on Land was read the third time and passed the House and was sent up to the Lords by M r Secretary with the Bill of Supremacy reformed concerning which Bill of Supremacy Vide on Tuesday the 21 th day on Wednesday the 22 th day and on Saturday the
same so that the referring of a Bill to Committees is scarce discoverable in respect that the name only of one of them is for the most part mentioned yet the manner of the Burgesses taking the Oath of Supremacy which was never in use before this Session of Parliament it having been enjoined by Statute in the first year of her Majesties Reign together with the manner of the Election and Presentment of the Speaker is very Methodically and Orderly entered And lastly whereas there is mention made in the Original Journal-Book of the House of Commons aforesaid that the Speaker with the whole House did exhibit their Petition to the Queens Majesty on Thursday 23. day of January in the Afternoon touching her Marriage and the Limitation of the Succession of the Crown which said Petition is there omitted I have therefore caused it to be inserted at large out of a Copy thereof I had by me which I gather by all concurring circumstances to be the very same which is only generally remembred in the said Original Journal-Books as aforesaid The second Parliament of the most Noble Princess Elizabeth by the Grace of God Queen of England c. begun at Westminster on Monday the 11. day of January in the fifth Year of her Gracious Reign By her Highness Commission directed to the Lord Keeper of the Great Seal the Lord Steward the Lord Treasurer the Duke of Norfolk c. to Prorogue the same Parliament until the 12. day of the same Month viz. the Morrow following And the Knights and Burgesses being sent for to come unto the Lords in the Upper House without any appearance of their names taken then by the Lord Steward and Lord Treasurer the Lord Keeper shewed in few words that the Queens Majesty was somewhat sick of a Stitch wherefore she had sent her Writ for the Prorogation until the Morrow which was done accordingly And on the Morrow being the 12. day of January about ten of the Clock the Queens Majesty with the Lords and Bishops in Parliament Robes did ride from the Palace to Westminster-Church and there heard a Sermon during which the Earl of Arundel being Lord Steward repaired unto Whitehall and there Recorded the Appearance of the Knights and Burgesses at which time also as may very well be collected by comparing this instant days passages with those of Thursday the third day of October in the Journal of the House of Commons de an 8 9 Regin Eliz. following the said Lord Steward did doubtless either in his own person or by his Deputies administer the Oath of Supremacy according to the Statute de an 1 Eliz. Cap. 1. to such Knights Citizens and Burgesses as were at this time present and appeared And after the Queen coming from the Church and being set in her Royal Seat in the Upper House and the Commons standing at the lower end of the Chamber The Lord Keeper of the Great Seal with great Eloquence declared this Parliament to be called for Religion Discipline and Aid to the State in defence of Enemies with Excellent Dilation of those Causes And in the end willed the Commons to repair to their House and there to chuse a discreet grave and wise man to be their Speaker and to present him to the Queens Majesty on Friday next in the Afternoon immediately the Commons resorted to their Common House where after they were set M r Comptroller standing up rehearsed the Lord Keepers Oration for the Election of a Speaker and said that in his Opinion M r Thomas Williams Esq one of the Fellows of the Inner-Temple being grave learned and wise was very meet to that Office whereupon the whole House with one intire Voice cried M r Williams M r Williams And then M r Williams standing up and reverently disabling himself required the House to proceed to a new Election unto whom M r Secretary Cecill Answering that the House had gravely considered of him and therefore required him to take the place and he approaching was led and set in the Chair by M r Comptroller and it was agreed by the House to meet all there again on Friday next at one of the Clock in the Afternoon to present M r Speaker to the Queens Majesty On Friday the 15 th of January in the Afternoon M r Speaker with the rest of the House of Commons went before the Queen in her Royal Seat where M r Speaker most humbly disabled himself requiring that a new Election might be made to the which the Queens Majesty confirming the same Election by the Mouth of the Lord Keeper M r Speaker made an Excellent Oration and in the end made the accustomed Petitions which being granted the Lord Keeper willed him with the rest to resort to the House of Commons there to deliberate upon matters necessary which being done The Bill for increase of Woods in Champain Grounds and saving of Bark of Timber to be felled was read the first time On Saturday the 16. day of January Two Bills of no great moment had each of them one reading of which one was touching Servants to serve their Masters And the other to put down an Iron-Mill near Guilford and were each of them read the first time A motion was this day made by a Burgess at length for the Succession of the Crown of which see more on Thursday the 28 th day of this Instant January ensuing January the 17 th day Sunday On Monday the 18 th day of January Five Bills of no great moment had each of them one and the first reading of which the second was the Bill for the assurance of the Mannors of Whiteacre and Whiteacre Burgh to Richard Bertie and Katherine Duchess of Suffolk his Wife from Walter Herenden being a Feoffee in Trust. Certain Arguments were this day had in the House by divers wise Personages for motion to be made for the Queens Marriage and Succession of the Crown On Tuesday the 19 th day of January the Bill for allowance to Sheriffs upon their Accompts for Justices Diets was read the first time M r Speaker with the Counsel and twenty four more of the House were appointed to meet this Afternoon to draw Articles of Petition for the Queens Marriage and Succession Vide Concerning this business on Thursday the 28. day of this Instant January following M r Comptroller is nominated one of them For that it seemed to the House being very full that they were a greater number than were returned therefore the names were immediately called and as they were called they departed out of the House and in the end ten or eleven remained who said they were returned and would bring Warrants thereof On Wednesday the 20. day of January Two Bills of no great moment had each of them one reading of which the second being the Bill for allowance to Sheriffs upon their Accompts for Justices Diets was read the second time and as it should seem Committed to M r Sackvill and others see a like
the rest of the Council declared that the Queens Majesty would receive the Petition to Morrow in the Afternoon at the Palace by Mr. Speaker with the whole House of which see more on the day immediately ensuing Mr. Comptroller with the Committees for the Bill of Subsidy were appointed to meet this Afternoon in the Star-Chamber On Thursday the 28 th day of January the Bill for Badgers of Corn to be bound by Recognizance in the open Sessions was read the first time Post Meridiem In the Afternoon Mr. Speaker with the whole House with a Notable Oration did exhibit their Petition to the Queens Majesty in the Gallery at the Palace touching Marriage and Succession which her Highness thankfully accepted with an Excellent Oration deferring the Answer to further time for the gravity of the Cases What further Answer her Majesty gave may be seen on Thursday the 16 th day of February ensuing and on Saturday the 10 th day of April postea But as touching the Petition delivered to her Majesty this Afternoon by the whole House from the Mouth of Mr. Speaker it is not at all contained in the Original Journal-Book of the House of Commons and therefore having a Copy of it by me which I do gather by all concurring circumstances to be the very same here mentioned both in respect of the time and matter I have caused it to be inserted at large I am not ignorant that in divers Copies of this Speech another Petition also is joined with it as preferr'd likewise by the Lords to her Majesty at this time for the same Causes which in truth happened not until the second Session of this Parliament following Anno 8 9 Regin Elizabethae neither shall it be needful to make any further demonstration thereof in this place having so fully cleared it in the Upper House Journal at that aforesaid second Session ensuing upon Tuesday the 5 th day of November and now followeth the Copy of the above-mentioned Petition at this time preferr'd as aforesaid Your Commons in this your Majesties present Parliament Assembled most High and Mighty Princess our most Dread Sovereign Lady as they do daily to their Commodity and Comfort feel and receive the inestimable benefits of your most Gracious Government of this your Realm in Peace and Surety so do also most thankfully acknowledge the same beseeching Almighty God long to bless and continue your most prosperous Reign over them And among all these benefits which they daily receive of your Highness they have at this time willed me in their names to recognize unto your Highness that they account it not the least but rather among the greatest of them all That your Majesty hath at this time Assembled your Parliament for supplying and redressing the greatest wants and defaults in your Common-Weal and for the establishing the surety of the same which your Majesties most gracious meaning hath been at your Commandment signified unto us by the Right Honourable the Lord Keeper of your Great Seal of England namely in this that he willed us first to have consideration of the greatest matters that nearest touch'd the State of the Realm and the preservation thereof seeming therein also to express unto us the Conformity of your Majesties mind in having principal respect to the matters of greatest weight and for that respect Assembling this your Parliament And for asmuch as your said Subjects see nothing in this whole Estate of so great importance to your Majesty and the whole Realm nor so necessary at this time to be reduced to certainty as the sure continuance of the Government of the Imperial Crown thereof and the most honourable Issue of your Body which Almighty God send us to your Highness Comfort and for want thereof in some certain limitation to guide the Obedience of our Posterity And where Almighty God to our great Terror and dreadful Warning lately touched your Highness with some danger of your most Noble Person by Sickness from which so soon as your Grace was by Gods favour and mercy to us recovered your Highness sent out your Writs of Parliament by force whereof your Subjects are at this time Assembled your said Subjects are both by the necessity and importance of the matter and by the convenience of the time of Calling them immediately upon your recovery enforced to gather and confess that your Majesty of your most Gracious and Motherly Care for them and their Posterity have Summoned this Parliament principally for establishing of some certain limitation of the Imperial Crown of your Realm for preservation of your Subjects from certain and utter destruction if the same should not be provided in your Life which God long continue They cannot I say but acknowledge your Majesty hath most graciously considered the great dangers the unspeakable miseries of civil Wars the perillous and intermingling of Foreign Princes with seditious ambitious and factious Subjects at home the waste of noble Houses the slaughter of People subversions of Towns intermission of all things pertaining to the maintenance of the Realm unsurety of all mens Possessions Lives and Estates daily interchange of Attainders and Treasons All these mischiefs and infinite others most likely and evident if your Majesty should be taken from us without known Heir which God forbid to fall upon your Subjects to the utter subversion of the whole whereof you have Charge under God If good provision should not be had in this behalf Your Majesty hath weighed the Examples of Foreign Nations as what ensued the Death of Great Alexander when for want of certain Heirs by him begotten or appointed the variety of Titles the diversity of Dispositions in them that had Titles the ambition of them that under colour of doubtfulness of Titles forsook all obedience of Titles destroyed his Dominions and wasted Posterity with mutual Wars and Slaughters In what miserable Case also was this Realm it self when the Title of the Crown was tossed in question between the two Royal Houses of Lancaster and York till your most Noble Progenitors Henry the Seventh and the Lady Elizabeth his Wife restored it to a setled Unity and left the Crown in a certain course of Succession These things as your Majesty hath upon your own danger most graciously considered for our Comfort and Safety so we most humble Subjects knowing the preservation of our selves and all our Posterity to depend upon the safety of your Majesties most Royal Person have most carefully and diligently considered how the want of Heirs of your Body and certain limitation of Succession after you is most perillous to your Highness whom God long preserve amongst us We have been admonished of the great malice of your Foreign Enemies which even in your Life-time have sought to transfer the Dignity and Right of your Crown to a Stranger we have noted their daily most dangerous practices against your Life and Reign We have heard of some Subjects of this Land most unnaturally confederated with your Enemies to
the other a silent thought may serve For I thought it had been so desired as none other Tree's blossom should have been minded or ever any hope of any Fruit had been denied you And yet by the way if any here doubt that I am by Vow or determination bent never to trade in that kind of Life put out that kind of Heresy for your belief is there in a wry For though I can think it best for a private Woman yet I do strive with my self to think it not meet for a Prince and if I can bend my liking to your need I will not resist such a mind But to the last think not that you had needed this desire if I had seen a time so fit and it so ripe to be denounced The greatness of the cause therefore and need of your returns doth make me say that which I think the wise may easily guess that as a short time for so long continuance ought not to pass by roat as many tell their Tales even so as cause by Conference with the Learned shall show me matter worth the utterance for your behoof so shall I more gladly persue your good after my dayes than with all my Prayers whilst I live be means to linger my living thread And thus much more than I thought will I add for your Comfort I have good Record in this place that other means than you mention have been thought of perchance for your good as much as for my surety no less which if presently and conveniently could have been Executed it had not been now deferred or over-slipped But I hope I shall die in quiet with Nunc dimittis which cannot be without I see some glimpse of your following surety after my graved bones Nota That neither the foregoing Petition nor this latter Answer of her Majesty are found in the Original Journal-Book of the Upper-House but now the residue of the passages of the said Journal do for the most part follow out of the same On Wednesday the 6 th day of November the Bill for declaring of the manner of making and Consecrating of the Archbishops and Bishops of this Realm to be good lawful and perfect was read tertiâ vice quae cum quadam provisione annex in loco alterius provisionis adempt absciss disannex communi Procerum assensu conclusa est dissentientibus Comite Northumberland Comite Westmoreland Comite Worcester Comite Sussex Vice-Comite Mountague Domino Morley Domino Dudley Domino Dacre Domino Mounteagle Domino Cromwell Domino Mordant postea cum Billâ for the annexing of Hexhamshire unto the County of Northumberland and the Ecclesiastical Jurisdiction of the same unto the See or Bishoprick of Duresm deliberata fuit Magistro Vaugham Doctori Yale in Domum Communem deferend Dominus Capitalis Justiciarius continuavit praesens Parliamentum usque in diem Jovis prox On Thursday the 7 th day of November Three Bills of no great moment had each of them one reading of which the first being the Bill for Confirmation of Leases to be made by Morris Ridney and Joan his Wife was read primâ vice Dominus Capitalis Justiciarius continuavit praesens Parliamentum usque in diem Sabbathi prox ix Novembris On Saturday the 9 th day of November the Bill for the graving of Alneagers Seals to be within the Tower of London was read secundâ vice commissa est Domino Marchioni Winton Thesaurar Angliae Domino Capitali Baroni ad supervidend considerand amendand Nota That here the Lord Chief Baron being but an Assistant of the Upper House and no Member thereof is made a joint-Committee with the Lord Marquess of Winchester of which see more on Thursday the third day of October fore-going The Bill also to restrain the Carriage of Woolls of the growth of Pembroke Carmarthen and Cardiganshires out of the Counties where they grew was read secundâ vice commissa ad ingrossand And the Bill lastly for the repealing of a branch of a Statute made An. 32 H. 8. for the Stature of Horses was read secundâ vice commissa Episcopo Elien Domino Clinton Admiral Domino Willoughby DominoSheffeild Domino North Domino S t John de Bletsoe Servienti Carus Nota That a Serjeant being but an Attendant upon the Upper House and no Member thereof is made a joint-Committee with the Lords Vide touching this matter on Thursday the 3 d day of October foregoing Then the Clerk read openly the Commission following ELizabeth by the Grace of God Queen of England France and Ireland Defender of the Faith c. To our Trusty and well Beloved Councellor Sir Nicholas Bacon K t Lord Keeper of our Great Seal of England and to our Right Trusty and right well Beloved Sir Robert Catlin Knight Chief Justice of the Pleas before us to be holden Greeting Whereas We upon consideration that you the said Lord Keeper of our Great Seal were lately sore visited with Sickness that you were not able to travel to the Upper House of this our present Parliament holden at Westminster nor there to supply the room and place in the said Upper House amongst the Lord Spiritual and Temporal there Assembled as to your Office appertaineth did therefore by our Letters Patents of Commission bearing date the 25 th day of October in this present eighth Year of our Reign nominate appoint and authorize you the said Sir Robert Catlin from day to day and time to time from thenceforth during our pleasure to use and occupy the place and room of the said Lord Keeper in our said Upper House of Parliament amongst the said Lords Spiritual and Temporal there Assembled and there to do and execute in all things from day to day and time to time as the said Lord Keeper of our Great Seal should or might do if he were there present using and supplying the same place as in our said Letters Patents it doth and may at large appear And forasmuch as we understand that you the said Lord Keeper of our Great Seal are at this present in such state of health as ye are well able to travel to the said Upper House of our Parliament and there to supply the said room and place your self as heretofore ye have done We do therefore by these presents fully and absolutely determine our pleasure touching any further Execution by you the said Sir Robert Catlin of the said Commission before-mentioned And therefore we do signifie to you the said Sir Robert Catlin that our pleasure is that ye do from the date of these presents surcease from the Execution of the said Commission and every part thereof And we do also by these presents Command and authorize you the said Lord Keeper of our Great Seal from henceforth and from time to time hereafter to resort to your accustomed room and place in our said Higher House of Parliament and there to do and Execute from time to time all things that appertaineth to your office
stood up her Train born by the Lady Strange assisted by the Lord Chamberlain and Vice-Chamberlain At the left hand of the Queen and Southside kneeled the Ladies and behind the Queen at the Rail stood the Lord Keeper on the right hand the Lord Treasurer on the left hand with divers young Lords and Peers Eldest Sons Then all being placed M r Onslow the Speaker was brought in between Sir Francis Knolles Vice-Chamberlain and Sir Ambrose Cave Chancellor of the Dutchy and after Reverence done proceeded down to the Wall and from thence came up to the Rail in the way making three Reverences and standing there made other three like Reverences and then began his Oration as followeth MOST Excellent and Vertuous Princess c. Where I have been Elected by the Knights Citizens and Burgesses of this your nether House to be their Mouth or Speaker and thereunto appointed and allowed by your Majesty to supply the same room to the bewraying of my wants specially that thereby I shall be forced utterly to discover the barrenness of my learning before this Noble Assembly which not a little grieveth me and would gladly be excused considering the true saying How there is no difference between a wise Man and a Fool if they may keep silence which I require But again considering your Majesties Clemency taking in good part the good will of the party for want of ability which putteth me in remembrance and good hope perswading me that you will not take your said Clemency from me contrary to your Nature Again when I consider my Office as Speaker it is no great matter being but a Mouth to utter things appointed me to speak unto you and not otherwise which consisteth only in Speaking and not in any other Knowledge whereby I gather how it is necessary I speak simply and plainly according to the truth and trust reposed in me And thus considering whose Mouth I am which chose me to speak for them being the Knights Citizens and Burgesses who were not also by the Commons chosen for their Eloquence but for their Wisdom and discretion by this means being fit men to whom the Commons have committed the care and charge of themselves Wives and Children Lands and Goods and so in their behalf to foresee and take order for all things necessary Thus they being Chosen by the plain Commons it is necessary they Elect a plain Speaker fit for the plain matter and therefore well provided at first to have such a one as should use plain words and not either so fine that they cannot be understood or else so Eloquent that now and then they miss the Cushion But now upon occasion of beholding your Grace and this Noble Assembly I consider the manifold and great benefits which God suddenly hath sent unto this Country for although God hath granted the benefit of Creation and Conservation with many other Commodities to other Nations of the World yet this our Native Country he hath blessed not only with the like but also with much more fruitfulness than any other of which great and inestimable benefit of Gods preferment which appeareth better by the want that others have of the same I am occasioned now to speak the rather to move and stir up our hearts to give most hearty thanks to God for the same Now to speak of Government by Succession Election Religion or Policy First if the Body should want a Head it were a great Monster so it is likewise if it have many Heads as if upon every several Member were a Head And to speak of one Head although in the Body be divers Members which be made of Flesh Bones Sinews and Joints yet the one Head thereof governeth wisely the same which if it should want we should be worse than wild Beasts without a Shepherd and so worthily be called a Monstrous Beast Again If the Body should be Governed by many Heads then the same would soon come to destruction by reason of the Controversy amongst them who would never agree but be destroyed without any Foreign Invasion therefore God seeth it is needful that the people have a King and therefore a King is granted them and so therefore the best Government is to be ruled by one King and not many who may maintain and cherish the good and Godly and punish the Ungodly and Offenders As for Government by Election in that is great variance partiality strifes and part-takings As for Examples amongst the rest take out one which is called the most Holy as that of the Pope and weigh how holily and quietly it is done called indeed holy and quiet but utterly unholy and unquiet with great part-takings and strifes Now touching Religion To see the Divine Providence of God how that many Nations be Governed by one Prince which were impossible but that God Ordereth it so by whom the Order of Regiment is appointed and that in his Scriptures wherefore the Subjects ought to obey the same yea although they were evil and much more those that be good So God hath here appointed us not a Heathen or unbelieving Prince as he might but a Faithful and one of his own Children to govern us his Children in which Government the Prince serveth God two ways as a Man and as a King In that he is a Man he ought to live and serve God as one of his good Creatures And in that he is a King and so Gods special Creature he ought to make Laws whereby God may be truly worshipped and that his Subjects might do no injury one to another and specially to make quietness amongst the Ministers of the Church to extinguish and put away all hurtful and unprofitable Ceremonies in any Case contrary to Gods word in which point we have in your Majesties behalf great thanks to give unto God in setting forth unto us the Liberty of Gods word whereof before we were bereaved and that you have reformed the State of the corrupt Church now drawing Souls out of dangerous errors which afore by that Corruption they were led and brought unto And concerning Policy God hath Committed to your Highness two Swords the one of which may be called the Sword of War to punish outward Enemies withal and the other the Sword of Justice to Correct offending Subjects in which point of Policy your Majesty is not behind your Progenitors for although at your Entrance you found this Realm in War and ungarnished with Munition and that with such store as never was before yet you have dislodged our antient Enemies which were planted and placed even upon the Walls of this Realm And concerning Policy in Laws as Bones Sinews and Joints be the force of a Natural Body so are good Laws the strength of a Common-Wealth And your Laws be consisting of two points the Common Laws and the Statutes And for the Common Law it is so grounded on Gods Laws and Natures that three several Nations governing here have all allowed the same which is not inferior
a Motion made by himself that the Bill touching Bristol might be proceeded in was appointed a Committee in the same and with him were nominated Sir Nicholas Points Sir Nicholas Arnold Sir John White M r Newton Mr. John Younge Mr. Popham Mr. Fleetwood Mr. Norton Mr. Alford Mr. Hall of York and Mr. Hooker to whom the hearing of both parties touching the said Bill was referred and thereupon to make report thereof to the House and to meet in the Star-Chamber on Monday next at three of the Clock in the Afternoon Vide in die praecedente concerning this business It is Ordered that the House do sit to Morrow till ten of the Clock and then to go to the Court to hear the Sermon Two Bills of no great moment had each of them one reading of which the second touching certain offences to be made Treasons was read the second time The Addition to the same Bill was read the first time After the reading of which said Bill and Addition as aforesaid sundry Motions and Arguments ensued which being omitted in the Original Journal-Book of the House of Commons are therefore supplied out of that often before-cited Anonymous Journal in manner and form following Mr. Goodier with some shew of former Care for that Cause entred into the utterance of a long Speech and spake to this effect First He made a solemn Protestation of his sincerity truth and Loyalty to her Majesty to the State and to the House Then he shewed many singular and true blessings which we have by her Highness means and religiously prayed for her preservation but his whole discourse stood upon these three points what he thought of the persons there Assembled what he disliked in the matter of the Bill propounded and why he did so Of the persons he said he heartily believed the whole Company in truth and true meaning to have a care and hearty well-wishing for her Majesties safety acknowledging and reposing in her the very Anchor of our Safety but whether all were with a sincere meaning to the state of the Crown he knew not but rather thought the clean contrary but yet of the most and most honourable he thought nothing amiss but some surely he said were doubly disposed and with a favourable affection bent for some special body For the substance of the first Bill he said he was of clear mind well liking and approving the whole course thereof except quoth he that the same be not already by former Laws provided for and hereunto he further added that if any man should say that the Papists do not err in saying or speaking so slanderously of her Majesty the same to be taken also as Treason For the Additions which concerned the first which did clearly respect the time past as to make Treason of a fault already committed which at the time of the perpetrating of the same offence was not in the same Degree it was a President most perilous which might occasion such and so great Evils as easily might not be conceived Of present time mans wisdom might judge Future time mans Policy may reach to but to call again the time past or to raise what is dead in any kind Man may not nor in reason is it to be presumed The like he said had not been seen and where he hath read thousands of Laws yet did he never find such a President An extremity rare and never practised no not in these the greatest matters of Faith and Religion that we do now so earnestly treat of The Enemy to God and our State the Papists I mean is most hateful Yet is no man so hardly bent as to have them punished much less to suffer Death for what is past Whether her Majesty hath pardoned what is past we do not know and whether her Highness pleasure be that it should be talked of no man yet hath made a report Withal it may happily occasion dislike between her Majesty and the House which were odious and hateful but doubtless he prophesied it would occasion peril such and so great that the greatest Speakers therein yea those who should give them most or best words could give no Warranties Neither is it that the sequel thereof may be warranted for the right of a Crown which words may not be strained or straitned Thus much considered and the Prince being herein not as yet determined he therefore advised and more than so by words of vehemency urged stay He farther said that the penning of the first Article of the Additions was clouded and involved with secret understandings not to be understood but by such as more curiously could and more cunningly would look thereinto than he For matters of Title of the Crown he said he neither knew any nor durst to intermeddle or take knowledge of any and concluding he said that for obscurity of the sence he must needs condemn the same since that Veritas est nuda simplex plana Sir Thomas Smith her Majesties Principal Secretary neither condemning nor approving of what had before been spoken by M r Goodier made motion that the Bill might be divided left the one might be the hindrance of the other M r Norton in his accustomed manner of natural Eloquence first shewed that that Assembly should be free of Speech so that the same did not exceed the Bounds of Loyalty and as in Speech free so ought it also to be free of unjust slanders and undeserved reproaches For so much as might concern him he protested that he neither thought nor meant any other title than the sole preservation of her Majesty and to this end was he and the whole House as he supposed setled and bent she being of this Realm not only in respect of our goods and lives the singular stay but for Truth and Religion yea of all Christendom not Magna but in all the world Speciosa And since that Consultation is no other than Consultare in Commune he was as well to remove the surmise of Ambiguity as the slander raised of any doubleness in him the words quoth he are plain these and no other that whatsoever person during the life of her Majesty hath or shall imagine intend or go about the deposing c. them and their Heirs to be barred of any title And saith he where Ambition hath once entred such is the nature of the same that never it will be satisfied and the thirst for a Kingdom is unquenchable Withal in common Experience we see that between two for a small matter in Suit when it shall pass against the one though by perfect Tryal yet will he who loseth never acknowledge that he had either offered or defended an injury He said for working of great matters great time is required and such a mischief as to overthrow a Crown is not in a day compassed and therefore what hereafter is thought or meant to be Executed is already begun compassed and devised Time must therefore be taken and therefore in time and at
that there be not imperfection And therefore noted one great disorder that many young men not experienced for Learning sake were often Chosen through whose default he knew not whether Letters of Noblemen Love or Affection in the Country their own Ambition or the careless accompt of the Electors or what else was the Cause he knew not but it was to be seen whereupon he would none should be of that House not of thirty years of Age at the least And for the Choice of Townesmen he said he was of this mind that Moses and Aaron should be conjoined together and that there should be one of their own or some Gentleman near them who had knowledge of the State of the Country and the other a man Learned and able to utter his mind and opinion since that knowledge locked up in the breast not being orderly opened is to no purpose and this part he said was as requisite for consultation as the other So that he seemed to conclude the Law should be in force for the one Burgess and at Liberty for th other After which Speeches the aforsaid Bill touching the validity of Burgesses c. was Ordered to be committed but the names of the Committees being not found in the aforesaid Anonymous Journal are therefore transcribed out of the Original Journal-Book of the House of Commons it self viz. Sir Thomas Hilton Knight M r Bell M r Robert Bowes M r Fleetwood M r Warnecomb M r Bedle M r Atkins M r Alford and M r Gynes and appointed to meet in the Temple-Church upon Saturday next at two of the Clock in the Afternoon It was Ordered that the Wardens of the Fleet should bring M r Sacheveril into this House to Morrow in the Morning at nine of the Clock touching M r Skeffington's Bill Vide concerning this Bill on Saturday the 14 th day of this instant April foregoing The Bill against Usury was read the second time whereupon ensued divers Arguments and Speeches which being omitted in the Original Journal-Book of the House of Commons are therefore transcribed out of that often already cited Anonymous Journal of the same House in manner and form following First one M r Clarke spoke to this effect That the referring of the punishment in the Bill mentioned being put to the Ecclesiastical Judges for so much was nothing for that they are to punish by the Civil Law by the Canon Law or by the Temporal Law The Civil Law would not avoid them because by that Law there is allowance of Usury The Canon Law is abolished and in that respect the Temporal Law saith nothing so that the pretence may seem to be somewhat but the effect thereby wrought is nothing yet that it was ill neither Christian nor Pagan ever denied Aristotle being asked what Usury was he said it was praeter Naturam and therefore could not be defined And Plato being asked the same Question he said it was idem ac hominem occidere S t Augustine the same And in the very words of the Psalmist answereth to the Question Domine quis habitabit in Tabernaculo tuo He said Qui curat proximo suo non decipit eum qui pecuniam suam non dabit ad usuram M r Molley first Learnedly and Artificially making an Introduction to the matter shewed what it might be thought on for any man to endeavour the defence of that which every Preacher at all times following the Letter of the Book did speak against yet saith he it is convenient and being in some sort used it is not repugnant to the word of God Experience hath proved the great mischief which doth grow by reason of excessive taking to the destruction of young Gentlemen and otherwise infinitely but the mischief is of the excess not otherwise Since to take reasonably or so that both parties might do good was not hurtful for to have any man lend his money without any Commodity hardly should you bring that to pass And since every man is not an Occupier who hath money and some which have not money may yet have skill to use money except you should take away or hinder good Trades bargaining and contracting cannot be God did not so hate it that he did utterly forbid it but to the Jews amongst themselves only for that he willed they should lend as Brethren together for unto all others they were at large and therefore to this day they are the greatest Usurers in the World But be it as indeed it is evil and that men are men no Saints to do all these things perfectly uprightly and Brotherly yet ex duobus malis minus malum eligendum and better may it be born to permit a little than utterly to take away and prohibit Traffick which hardly may be maintained generally without this But it may be said it is contrary to the direct word of God and therefore an ill Law if it were to appoint men to take Usury it were to be disliked but the difference is great between that and permitting or allowing or suffering a matter to be unpunished It may be said that Nudum pactum non parit obligationem but there must be somewhat given in consideration Let be that there is nothing given of the Lenders yet there is somewhat simile omne bonum exemplum omnis lex in se aliquid habet mali for that some body shall suffer thereby We are not quoth he so straitned to the word of God that every transgression should be surely punished here Every vain word is here forbidden by God yet the temporal Law doth not so utterly condemn it As for the words of the Scripture he saith the Hebrew soundeth thus in Answer of this Question Qui non dat pecuniam suam ad morsum so it is the biting and over-sharp dealing which is disliked and nothing else And this he said was the opinion and interpretation of the most Famous Learned Man Beza and in these days of Bellarmine and divers others who say that the true interpretation of the Hebrew word is not Usura but Morsus Doctor Wilson Master of the Requests said that in a matter of so great weight he could not shortly speak and acknowledging that he had throughly studied the matter desired the patience of the House And first he endeavoured to prove that the common State may be without Usury then he shewed how even men that have been ignorant of God or his Laws finding the evils thereof by their Laws redressed it and utterly prohibited the use thereof As the Athenians caused all the Writings taken for interest money to be burnt and the like did Lycurgus by a Law which he made and seeing the Fire he said he never saw so fair a Flame as those Books yielded He then made a definition of Usury shewing it was taking of any reward or price or sum over and above the due Debt To make any thing of that which is not mine it is robbery Forthwith upon the delivery of
did forbid that his Traiterous Son Absolom should be slain and when he was killed effeminately he bewailed the same to the discouraging of his People but he was sharply rebuked by Ioab his Councellor saying Thou hast shamed this day the faces of thy Servants which have saved thy life and the life of thy Sons c. Thou lovest those that hate thee and thou shewest this day that thou passest not for thy Captains and thy Servants And now I perceive if Absolom had lived and all we had been slain it would have pleased thee well What inconvenience was like to follow unto David by this doing and what other good direction may be taken out of this History well considered for brevities sake we leave to the Consideration of wise Princes and Governours When David was so much moved with these words that he was contented to take another course which turned both to the Comfort of his Subjects and his own benefit the application needeth not If David were moved thus to do to the Comfort of his own Subjects only and the abashing of his own private Rebels how much more have we to desire God to move the Queens Majesty by the Execution of this Lady to glad the hearts of all true Christians in Europe and to abash and damp the minds of all the Enemies of God and Friends of Antichrist Obj. It may be objected that thus to proceed is not Honourable for the Queens Majesty Respons The shadow of Honour as may evidently appear deceived upon like occasion both King Saul in sparing Agag King of Amaleck and King Achab in receiving to his Mercy King Benhadad as it is in the Example in the second Reason mentioned who did pretend great honour in saving a King and thought dishonour in the contrary that one King should kill another but mans Judgment and Gods in such cases are far diverse for indeed Execution of Justice upon any person whatsoever is and ever hath been accounted honourable Ioshua a worthy Prince and Governour put to Death at one time five Kings and that as might appear rudely causing his Souldiers to set their Feet on their Necks and slay them and willed them to be stout and not to fear to do it Ioshua 10. We find also in the Scriptures that in this Zeal of Justice two wicked Queens Iesabel and Athaliah both inferior in mischief to this late Queen have been by Gods Magistrates Executed and the same Execution commended in Scripture Obj. It may be further objected that the Queens Majesty in so doing should exceed the limits and bounds of Mercy and Clemency Resp. Indeed a Prince should be merciful but he should be just also It is said Misericordia veritas custodiunt Regem but in the next Chapter it followeth Qui sequitur justitiam misericordiam inveniet vit am Pro. 20. The Prince in Government must be like unto him who is not only amiable by Mercy but terrible also by Justice and therefore is called Misericors Justus Dominus Mercy oftentimes sheweth it self in the Image of Justice Yea and Justice in Scriptures is by God called Mercy Psal. 136. Who smote Egypt with their first-born for his mercy endureth for ever In that Psalm the smiting of Egypt with terrible Plagues the destruction of Pharaoh the killing of great and mighty Kings are called the merciful works of God as indeed they were but mercy towards the People of God and not towards the Enemies of God and of his People Therefore as the Queens Majesty indeed is merciful so we most humbly desire her that she will open her Mercy towards Gods People and her good Subjects in dispatching those Enemies that seek the confusion of Gods cause amongst us and of this noble Realm It may also be said that to spare one Person being an Enemy a Stranger a professed Member of Antichrist and Convicted of so many hainous Crimes with the evident peril of so many thousands of Bodies and Souls of good and faithful Subjects may justly be termed Crudelis misericordia Petiliano objiciente Deum non delectari humano Sanguine Respondet Legimus multos à famulo Dei Moise Misericorditer interfectos Nunquid crudelis effect us est cùm de monte descendens tot Millia juberet occidi August contra literas Petiliani li. 2. c. 86. Saul Jehosaphat Reges fuerunt populi Dei dum misericordiam iis quos Deus oderat praestiterunt Dei offensam in opere pietatis incurrerunt E contrario Phinehas filiique Levi gratiam Dei humanâ caede suorum parricidio meruerunt Hierom. The same Hierom de Origine animae saith the like Sparing of evil persons is misericors inobedientia S t Augustine also saith Sicuti est misericordia puniens est etiam crudelitas parcens Object But happily it may be that some do discredit these reasons by the persons when they cannot by the matter and will put in her Majesties mind that we in perswading her respect our own danger and fear of peril coming to us and not right and true judgment Yea and that it may appear very unseemly and worthy sharp reproof in a Bishop to excite a Prince to Cruelty and Blood contrary to her merciful inclination Resp. As touching the first branch Surely we see not any great continuance of danger likely to come unto us more than to all good Subjects while this State standeth and the State cannot lightly alter without the certain peril both of our Prince and Country Now if our danger be joined with the danger of our Gracious Soveraign and natural Country we see not how we can be accompted godly Bishops or faithful Subjects if in common peril we should not cry and give warning Or on the other side how they can be thought to have true hearts towards God and towards their Prince and Country that will mislike with us for so doing and seek thereby to discredit us As touching the second branch God forbid that we should be instruments to incense a merciful Prince to Cruelty and Bloodiness neither can we think well of them or judge that they have true meaning hearts that in the Minister of God and Officer do term justice and right punishment by the name ofBloodiness and Cruelty God I trust in time shall open her Majesties Eyes to see and espy their cruel purposes under the Cloak of extolling mercy When the Prince or Magistrate is slack in punishing the sinful and wicked the Bishop and Preacher is bound in Conscience before God to exhort him to more diligent and severe dealing therein lest the Blood both of Prince and People be required at his hands 3. Reg. 20. May the Prophet be accounted cruel to incite Achab to Bloodiness which so sharply rebuked him for his Clemency shewed towards Benhadad May Samuel be justly named cruel because in like case he reproved Saul for sparing the life of King Agag and killed the said Agag with his own hands in the sight of the Prince
their consents as well as the others Well he that hath an Office saith S t Paul let him wait on his Office or give diligent attendance upon his Ofsice It is a great and special part of our duty and office M r Speaker to maintain the freedom of Consultation and Speech for by this good Laws that do set forth Gods Glory and for the preservation of the Prince and State are made S t Paul in the same place saith hate that which is avil cleave unto that which is good then with S t Paul I do advise you all here present yea and heartily and earnestly desire you from the bottom of your hearts to hate all Messengers Tale-Carriers or any other thing whatsoever it be that any manner of way infringes the Liberties of this Honourable Councel yea hate it or them as venemous and poyson unto our Common-Wealth for they are venemous Beasts that do use it therefore I say again and again hate that which is evil and cleave unto that which is good and this being loving and faithful hearted I do wish to be conceived in fear of God and of love to our Prince and Statè for we are incorporated into this place to serve God and all England and not to be Time-Servers as Humour-feeders as Cancers that would pierce the Bone or as Flatterers that would fain beguile all the World and so worthy to be Condemned both of God and Man but let us shew our selves a People endued with Faith I mean with a lively Faith that bringeth forth good Works and not as Dead And these good Works I wish to break forth in this sort not only in hating the Enemies before-spoken against but also in open reproving them as Enemies to God our Prince and State that do use them for they are so Therefore I would have none spared or forborn that shall from henceforth offend herein of what calling soever he be for the higher place he hath the more harm he may do therefore if he will not eschew offences the higher I wish him hanged I speak this in Charity M r Speaker for it is better that one should be hanged than that this Noble State should be subverted well I pray God with all my heart to turn the hearts of all the Enemies of our Prince and State and to forgive them that wherein they have offended yea and to give them grace to offend therein no more even so I do heartily beseech God to forgive us for holding our peaces when we have heard any injury offered to this Honourable Councel for surely it is no small offence M r Speaker for we offend therein against God our Prince and State and abuse the confidence by them reposed in us Wherefore God for his great mercies sake grant that we may from henceforth shew our selves neither Bastards nor Dastards therein but that as rightly begotten Children we may sharply and boldly reprove Gods Enemies our Princes and State and so shall every one of us discharge our Duties in this our High Office wherein he hath placed us and shew our selves haters of Evil and Cleavers to that that is good to the setting forth of Gods Glory and Honour and to the Preservation of our Noble Queen and Common-Wealth for these are the marks that we ought only in this place to shoot at I am thus earnest I take God to witness for Conscience Sake Love Love unto my Prince and Common-Wealth and for the advancement of Justice for Justice saith an Antient Father is the Prince of all Vertues yea the safe and faithful Guard of mans Life for by it Empires Kingdoms People and Cities be governed the which if it be taken away the Society of man cannot long endure And a King saith Solomon that sitteth in the Throne of Judgment and looketh well about him chaseth away all evil in the which State and Throne God for his great mercies sake grant that our Noble Queen may be heartily vigilant and watchful for surely there was a great fault committed both in the last Parliament and since also that was as faithful hearts as any were unto the Prince and State received most displeasure the which is but an hard point in Policy to encourage the Enemy to discourage the faithful-hearted who of fervent love cannot dissemble but follow the Rule of S t Paul who saith let love be without dissimulation Now to another great fault I found the last Parliament committed by some of this House also the which I would desire of them all might be left I have from right good men in other Causes although I did dislike them in that doing sit in an evil matter against which they had most earnestly spoken I mused at it and asked what it meant for I do think it a shameful thing to serve God their Prince or Country with the tongue only and not with the Heart and Body I was answered that it was a common Policy in this House to mark the best sort of the same and either to sit or arise with them that same common Policy I would gladly have banished this House and have grafted in the stead thereof either to rise or sit as the matter giveth Cause For the Eyes of the Lord behold all the Earth to strengthen all the hearts of them that are whole with him These be Gods own words mark them well I heartily beseech you all for God will not receive half part he will have the whole And again he misliketh those two faced Gentlemen and here be many Eyes that will to their great shame behold their double dealing that use it Thus I have holden you long with my rude Speech the which since it tendeth wholly with pure Conscience to seek the advancement of Gods Glory our Honourable Soveraigns Safety and to the sure defence of this noble Isle of England and all by maintaining of the Liberties of this Honourable Councel the Fountain from whence all these do Spring my humble and hearty Suit unto you all is to accept my good will and that this that I have here spoken out of Conscience and great zeal unto my Prince and State may not be buried in the Pit of Oblivion and so no good come thereof Upon this Speech the House out of a reverend regard of her Majesty's Honour stopped his further proceeding before he had fully finished his Speech The Message he meant and intended was that which was set by her Majesty to the House of Commons in the said fourteenth year of her Reign upon Wednesday the 28 th day of May by Sir Francis Knolles Knight Treasurer of her Majesties Houshold inhibiting them for a certain time to treat or deal in the matter touching the Scottish Queen Now follows the proceeding of the House upon this Speech out of the Original Journal-Book it self M r Wentworth being Sequestred the House as aforesaid for his said Speech it was agreed and Ordered by the House upon the Question after sundry Motions and Disputations had therein
would with the same mind speak it again Commit Yea but you might have uttered it in better terms why did you not so Went. Would you have me to have done as you of her Majesties Privy-Council do to utter a weighty matter in such terms as she should not have understood to have made a fault then it would have done her Majesty no good and my intent was to do her good Commit You have Answered us Went. Then I praise God for it and as I made a Courtesie another spake these words Commit M r Wentworth will never acknowledge himself to make a fault nor say that he is sorry for any thing that he doth speak you shall hear none of these things come out of his mouth Went. M r Seckford I will never confess that to be a fault to love the Queens Majesty whilst I live neither will I be sorry for giving her Majesty warning to avoid danger while the breath is in my Body if you do think it a fault to love her Majesty or to be sorry that her Majesty should have warning to avoid her danger say so for I cannot speak for your self M r Secksord This Examination of M r Wentworth being thus transcribed out of that Copy I had of it now follows the next days passages out of the Original Journal-Book of the House of Commons and it is not here to be over-passed that the said M r Wentworth was by the Queens special favour restored again to his Liberty and place in the House on Monday the 12 th day of March ensuing On Thursday the 9 th day of February it was Ordered by this House upon a Motion that John Lord Russell Son and Heir Apparent of the Right Honourable the Earl of Bedford being a Burgess for the Borough of Birtport in the County of Dorset shall continue a Member of this House according to the like former President in the like Case had heretofore of the said new Earl his Father This day M r Treasurer in the name of all the Committees yesterday appointed for the Examination of Peter Wentworth Burgess for Tregony declared that all the said Committees did meet Yesterday in the Afternoon in the Star-Chamber according to their Commission and there Examining the said Peter Wentworth touching the violent and wicked words Yesterday pronounced by him in this House touching the Queens Majesty made a Collection of the same words which words so Collected the said Peter Wentworth did acknowledge and confess And then did the said M r Treasurer read unto the House the said Note of Collection which being read he declared further that the said Peter Wentworth being Examined what he could say for the extenuating of his said fault and offence could neither say any thing at all to that purpose neither yet did charge any other person as Author of his said Speech but did take all the burthen thereof unto himself and so the said M r Treasurer thereupon moved for his punishment and Imprisonment in the Tower as the House should think good and consider of whereupon after sundry Disputations and Speeches it was Ordered upon the Question that the said Peter Wentworth should be committed close Prisoner to the Tower for his said offence there to remain until such time as this House should have further Consideration of him And thereupon immediately the said Peter Wentworth being brought to the Bar by the Serjeant received his said Judgment accordingly by the Mouth of M r Speaker in form above-recited And so M r Lieutenant of the Tower was presently charged with the Custody of the said Peter Wentworth But the said Peter Wentworth was shortly by the Queens special Favour restored again to his Liberty and place in the House Ut vide on Monday the 12 th day of March following M r Moor M r Norton M r Yelverton and M r Fenner were appointed to draw a Bill against stealing away of Mens Children by colour of privy Contracts It was resolved by this House that any person being a Member of the same and being either in service of Ambassage or else in Execution or visited with sickness shall not in any wise be amoved from their place in this House nor any other to be during such time of service Execution or sickness Elected Vide consimile January the 19 th Thursday in Anno 23 Reginae Eliz. M r Seckford Master of the Requests Sir Nicholas Arnold M r Atkins and M r Marsh were appointed to confer together touching the number of Knights and Burgesses of the Parliament Three Bills lastly of no great moment had each of them their first reading of which the last was the Bill for assurances of Lands and Tenements in antient Demesn and for preservation of the Lords Seignories On Friday the 10 th day of February upon a Motion made by M r Dalton in the behalf of the Lord Russell supposing he should not be continued a Member of this House it is nevertheless generally resolved by this House that he may not be discharged of the same upon present notice whereof given unto him by the Serjeant the said Lord Russell came into this House accordingly Nota That this Lord Russell was Son and Heir Apparent of Francis the second Earl of Bedford of this Sirname who having no place in the Upper House might very well be admitted a Member of the House of Commons and the Precedents of this kind have been so frequent in all the Parliaments of latter times since Queen Elizabeths Death as there shall need no vouching of them And it lies also in the favour of the Prince to make such Heirs Apparent of Earldoms Members of the Upper House by Summoning them thither by Writ but then they take not place there as the Sons of Earls but according to the Antiquity of their Fathers Baronies Two Bills of no great moment had each of them their first reading of which the second was the Bill touching Bastardy M r Chancellor of the Exchequer declaring the great charges of the Queens Majesty many and sundry ways since her Entry to the Crown as well in Foreign as Domestical occasions for the benefit and peaceable Government of the State and Common-Wealth and the great and imminent necessity of present provision to be had and made for the continuance of the same did after many great and weighty reasons shewed move for a Subsidy which Speech in respect that it is but thus abstractedly set down in the Original Journal-Book of the House of Commons and containeth in it matter of very good moment I have thought good to supply it at large out of a Copy thereof I had by me being as followeth That in the beginning of this our meeting such matters as be of importance may be thought on in time I am bold with your favours to move you of one that in my opinion is both of moment and of necessity To the end if you likewise find the same to be so you may commit it further to the
consideration of such as you shall think convenient And that you may the better judge of that which I shall propound it is requisite that I put you in remembrance First how the Queen found the Realm next how she hath restored and conserved it and thirdly how we stand now Touching the first no man can be ignorant how that our most gracious Queen at her Entring found this noble Realm by reason of the evil Government preceeding miserably over-whelmed with Popery dangerously afflicted with War and grievously afflicted with Debts the burthen of which three cannot be remembred without grief especially if we call to mind how this Kingdom being utterly delivered from the Usurped Tyranny of Rome and that many years together was nevertheless by the iniquity of later time brought back again into the former Captivity to the great thraldom both of Body and Soul of all the People of this Land A wretched time and wretched Ministers to bring to pass so wretched and wicked an Act to strengthen this Bondage of Rome We saw how there was brought hither a strong Nation to press our Necks again into the Yoke terrible this was to all the Inhabitants of this Land and so would have proved if their abode had been here so long as was to be feared from them and by their occasion came the War that we entred into with France and Scotland and not upon any Quarrel of our own but to help them forward to their great advantage and our great loss and shame by means whereof and of other disorders the Realm grew into great Debt both at home and abroad and so was left to the intollerable loss and charge of her Majesty and the State The Realm being thus miserably oppressed with Popery with War and with Debts the Queen our most Gracious Soveraign hath thus restored and conserved it she hath delivered us from the Tyrannous Yoke of Rome and restored again the most Holy Religion of the Gospel not slacking any time therein but even at the first doing that which was for the Honour of God to the unspeakable joy of all good Subjects But adventuring thereby the malice of the mighty Princes of the World her Neighbours being Enemies of our Religion whereby it did appear how much she preferred the Glory of our God before her own Quietness this done she made Peace with France and Scotland the one a mighty Nation the other though not so Potent yet in regard of their nearness and of their Habitation with us upon our Continent more dangerous which may easily appear by consideration of former times wherein it hath been seen how dangerous Scottish Wars have proved to this Realm above those of any other Nation But such hath been the Providence of our Gracious Queen as the Peace with Scotland which in times past was found very tickle is now become so firm as in no Age there hath been so long and so good Peace between them and us And that is brought to pass the rather for that her Majesty by two notable Exploits with her Forces the one to Lieth and another to Edenburgh-Castle hath both quieted that Realm and taken away all occasions of Hostility that might arise against this Country also by the first delivering Scotland from the French which had so great a footing there as without aid from hence they must needs in short time have Tyrannized over that Country to their perpetual servitude and to the peril also of this Country being so near them and they so ill Neighbours to dwell by And by the second ending and putting out the fire of the Civil Wars amongst them to the preservation of their young King and the perpetual quietness of that Realm both which as they have brought unto her Majesty great and immortal Honor and Renown and to this Country and that Peace and Surety So you cannot but think therewith upon the Charges which necessarily follow such two Journeys furnished by Land and by Sea as for the atchieving of so great Enterprizes was requisite What her Majesty hath done besides for the suppressing of a dangerous and unnatural Rebellion practised by the Pope the most principal and malicious Enemy of this State and put in ure by certain undutiful Subjects in the North parts of this Realm was seen so late even in your view as it needeth not to be remembred neither the charge that belongeth to a matter of such importance as did threaten the utter ruine to our most Gracious Soveraign and to all the People of this Land if God of his Mercy had not prevented it Notwithstanding all which costly Journies both into Scotland and within the Realm her Majesty hath most carefully and providently delivered this Kingdom from a great and weighty Debt wherewith it hath been long burthened A Debt begun four years at the least before the Death of King Henry the Eighth and not cleared until within these two years and all that while running upon Interest a course able to eat up not only private men and their Patrimonies but also Princes and their Estates but such hath been the care of this time as Her Majesty and the State is clearly freed from that eating corrosive the truth whereof may be testified by the Citizens of London whose Bonds under the Common Seal of the City of assurance of payment being usually given and renewed and which have hanged so many years to their great danger and to the peril of the whole traffick are now all discharged cancelled and delivered into the Chamber of London to their own hands By means whereof the Realm is not only acquitted of this great burthen and the Merchants free but also her Majesties credit thereby both at home and abroad greater than any other Prince for money if she have need and so in reason it ought to be for that she hath kept Promise to all men wherein other Princes have often failed to the hindrance of many Lastly for this point how the Justice of this Realm is preserved and ministred to her People by her Majesties political and just Government is so well known to all men as our Enemies are driven to confess that Justice which is the Band of all Common-Wealths doth so tie and link together all degrees of Persons within this Land as there is suffered here no violence no oppression no respect of persons in Judgment but Jus equabile used to all indifferently All which godly provident and wise acts in Government have brought forth these effects that we be in Peace and all our Neighbours in War that we be in quietness at home and safe enough from troubles abroad that we live in Wealth and all Prosperity and that which is the greatest we enjoy the freedom of our Consciences delivered from the Bondage of Rome wherewith we were so lately oppressed and thus we stand But for all this as wise Mariners in calm weather do most diligently prepare their tackles and provide to withstand attempts that may happen even
Kirle of the Middle-Temple Gent. sitting in this House who being none of this House and further Examined confessed upon his Knees that he had sitten here this present day by the space of half an hour at the least craving pardon and alledging that he knew not the Orders of this House and was thereupon committed to the Serjeants Custody till further Order should be taken with him by this House M r Speaker coming to the House after eleven of the Clock read the usual Prayer omitting the Litany for the shortness of time and declared unto the House that the time was then so far spent as leisure could not then well serve them to proceed unto the reading of any Bill and therefore willed all the House then present to meet there again on the Morrow at eight of the Clock in the Forenoon And also that every one of the House which were then present should give notice thereof unto all such of the residue of this House then absent as they could in the mean time happen to see or meet with to the end that all they might likewise attend in this House at the time aforesaid accordingly On Tuesday the 24 th day of January Three Bills of no great moment had each of them one reading of which the last being the Bill that Actions upon the Case shall be brought in proper Counties was read the first time M r Speaker declared himself for his own part to be very sorry for the error that happened here in this House upon Saturday last in resolving to have a publick Fast and sheweth her Majesties great misliking of the proceeding of this House therein declaring it to fall out in such sort as he before did fear it would do and advising the House to a Submission in that behalf further moved them to bestow their time and endeavour hereafter during this Session in matters proper and pertinent for this House to deal in and to omit all superfluous and unnecessary Motions and Arguments with all due regard and consideration to the Order of the House M r Vice-Chamberlain declaring a Message from her Majesty to this whole House by her Highness Commandment shewed unto them her great admiration of the rashness of this House in committing such an apparent contempt against her Majesties express Commandment very lately before delivered unto the whole House by the Lord Chancellor in her Highness name as to attempt and put in Execution such an innovation as the same Fast without her Majesties Privity and Pleasure first known blaming first the whole House and then M r Speaker and declaring her Majesties Protestation for the allowing of Fasting and Prayer with the use and exercise thereof in her own Person but reproving the undutiful proceeding of this House as against the duty of Subjects did nevertheless very eloquently and amply set forth her Majesties most honourable and good acceptation of the Zeal Duty and Fidelity of this whole House towards Religion the Safety of her Highness Person and the State of this Common-wealth in respect whereof her Majesty hath so long continued this Parliament without Dissolution declared further to the great joy and comfort of this whole House that her Majesty nevertheless of her inestimable and Princely good Love and Disposition and of her Highness most gracious Clemency construeth the said offence and contempt to be rash unadvised and an inconsiderate Error of this House proceeding of Zeal and not of the wilful and malicious intent of this House or of any Member of the same imputing the cause thereof partly to her own lenity towards a Brother of that man which now made this Motion M r Wentworth who in the last Session was by this House for just causes reprehended and committed but by her Majesty graciously pardoned and restored again And after many excellent Discourses and Dilatations of her Highness most honourable and loving care for the advancement of Religion and the State wherein she had before signified her Prohibition to this House by the Lord Chancellor shewed that her Highness hath already deeply consulted upon those matters in all due and needful respects and prepared sit and apt courses to digest them meet and ready to be delivered unto this House from her Highness by such direction as her Majesty thinketh most convenient And so perswading this House to imploy the time about the necessary service of the Queens Majesty and of the Common-wealth with due and grave regard to the antient Orders of this House concludeth that he thinketh it very meet that this whole House or some one of this House by Warrant of the House in the name of the said House do make most humble submission unto her Majesty acknowledging the said offence and contempt and in most humble and dutiful wise to pray remission of the same at her Highness hands with full purpose hereafter to forbear committing of the like offence M r Comptroller followed him and spake to the same effect but urged and enforced the fault of the House with much more violence M r Nicholas S t Leger spake next and with a great deal of discretion and moderation extenuated the said offence of the House urging first their great affection to her Majesty the sincerity of their intention in that Motion of the Fast Then the imperfections and sins to which not only private men but publick States are also subject and therefore needed to be supported by Prayer and Humiliation And then he urged the great fault and remissness of the Bishops who suffered that most necessary Duty of Fasting and Humiliation to grow even out of use in the Church And lastly he concluded that he trusted that both her Majesty and all her Subjects would be ready to express their true repentance to God in humbling themselves in Sack-Cloth and Ashes M r S t Poole followed M r S t Leger but spake somewhat differing from him aggravating the fault of the House and urging Submission M r Chancellor of the Exchequer spake next and admonished the House of their duty which they did owe to so good and gracious a Prince as her Majesty hath expressed her self to be in all this long time of her Government and therefore urged the House to Submission M r Sackford one of the Masters of the Requests urged the same Submission but withal he thought it very sitting and could wish it that M r Vice-Chamberlain who had brought the Message from her Majesty of her displeasure might also carry the Houses Submission back again untoher Highness M r Flowerden spake next and shewed the sincerity of his intention in speaking for the Fast when it was first moved but now concluded that it was most fitting for the House to make their Submission to her Majesty M r Carleton stood up and offered to have spoken but was interrupted by M r Speaker and the House Then M r Speaker asked the Question whether M r Vice-Chamberlain should carry the Submission of the House to her Majesty
sice from those troubles that our Neighbours have felt so as this now seemeth to be our present State a blessed peaceable and happy time for the which we are most bound to God and to pray unto him for the continuance thereof But yet notwithstanding seeing our Enemies sleep not it behoveth us not to be careless as though all were past but rather to think that there is but a piece of the storm over and that the greater part of the Tempest remaineth behind and is like to fall upon us by the malice of the Pope the most Capital Enemy of the Queen and this State the determinations of the Council of Trent and the Combination of the Pope with other Monarchies and Princes devoted unto Rome assuring our selves that if their Powers be answerable to their Wills this Realm shall find at their hands all the Miseries and Extremities that they can bring upon it And though by the late good Success which God hath given in Ireland these lewd and malitious Enterprizes seem for a time to be as it were at a stand yet let us be assured that neither their attempts upon Ireland neither the mischiefs intended against England will cease thus but if they find us negligent they will be ready with greater Forces than have been yet seen The certain determination which the Pope and his Combined Friends have to root out the Religion of the Gospel in all places and to begin here as their greatest impediment is cause sufficient to make us the more vigilant and to have a wary eye to their doings and proceedings how smoothly soever they speak or dissemble their Friendships for the time for let us think surely that they have jointed hands together against us and if they can they will procure the Sparks of the Flames that have been so terrible in other Countries to fly over into England and to kindle as great a Fire here And as the Pope by open Hostility as you see hath shewed himself against her Majesty so the better to Answer in time the purposes that he hath set down in the mean season till they may come to ripeness he hath and doth by secret practices within this Realm leave nothing unproved emboldening many undutiful Subjects to stand fast in their disobedience to her Majesty and her Laws For albeit the pure Religion of the Gospel hath had a free course and hath been freely Preached now many years within this Realm by the Protection of her Majesties most Christian Government yet such have been the practices of the Pope and his secret Ministers as the obstinate and stiff-necked Papist is so far from being reformed as he hath gotten Stomach to go backward and to shew his disobedience not only in arrogant words but also in contemptuous Deeds To confirm them herein and to increase their number you see how the Pope hath and doth comfort their hollow hearts with Absolutions Dispensations Reconciliations and such other things of Rome You see how lately he hath sent hither a sort of Hypocrites naming themselves Jesuits a rabble of Vagrant Friers newly sprung up and running through the World to trouble the Church of God whose principal Errand is by creeping into the Houses of men of behaviour and reputation not only to corrupt the Realm with false Doctrine but also under that pretence to stir up Sedition to the peril of her Majesty and her good Subjects How these practices of the Pope have wrought in the disobedient Subjects of this Land is both evident and lamentable to consider For such impression hath the estimation of the Pope's Authority made in them as not only those which from the beginning have refused to obey but many yea very many of those which divers years together did yield and conform themselves in their open Actions sithence the Decrees of that unholy Council of Trent and sithence the publishing and denouncing of that blasphemous Bull against her Majesty and sithence those secret Absolutions and Reconciliations and the swarming hither of a number of Popish Priests and Monkish Jesuits have and do utterly refuse to be of our Church or to resort unto our Preaching and Prayers The sequel whereof must needs prove dangerous to the whole State of the Common-Wealth By this you see what cause we have justly to doubt great mischief threatned to this Realm and therewith you may easily see also how for the preventing and withstanding of the same it behoveth her Majesty not only to provide in time sufficient Laws for the continuing of this peaceable Government but also to be ready with Forces to repress all attempts that may be enterprized either by Enemies abroad or by evil Subjects at home What difference there is between the Popes persecuting Church and this mild Church of the Gospel hath been seen in all Ages and especially in the late Government compared with the merciful time of her Majesties Reign the continuance of which Clemency is also to be wished so far as may stand with Gods Honour and the Safety of the Realm but when by long proof we find that this favourable and gentle manner of dealing with the Disobeyers and Contemners of Religion to win them by fair means if it were possible hath done no good but hath bred in them a more arrogant and contemptuous Spirit so as they have not only presumed to disobey the Laws and Orders of the Realm but also to accept from Rome secret Absolutions Reconciliations and such like and that by the hands of lewd Runnagates Priests and Jesuits harbouring and entertaining them even in their Houses thereby showing an Obedience to the Pope by their direction also nourishing and training up their Children and Kinsfolks not only at home but also abroad in the Seminaries of Popery now I say it is time for us to look more narrowly and strictly to them lest as they be corrupt so they prove dangerous Members to many born within the entrals of our Common-Wealth And seeing that the Lenity of the time and the mildness of the Laws heretofore made are no small cause of their arrogant disobedience it is necessary that we make a provision of Laws more strict and more severe to constrain them to yield their open Obedience at the least to her Majesty in causes of Religion and not to live as they list to the perillous Example of others and to the encouraging of their own evil affected minds but if they will needs submit themselves to the Benediction of the Pope they may feel how little his Curses can hurt us and how little his Blessings can save them from that punishment which we are able to lay upon them letting them also find how dangerous it shall be for them to deal with the Pope or any thing of his or with those Romish Priests and Jesuits and therewith also how perillous it shall be for those seditious Runnagates to enter into the Land to draw away from her Majesty that Obedience which by the Laws of God and Man
are due unto her This then is one of the Provisions which we ought to take care of in this Council whereby we may both enjoy still that happy Peace we live in and the Pope take the less boldness to trouble us by any favour he shall find here The next is Provision of Forces sufficient to Answer any violence that may be offered either here or abroad for the which you know it is requisite that her Majesty do make Preparation both by Sea and by Land God hath placed this Kingdom in an Island environed with the Sea as with a natural and strong Wall whereby we are not subject to those sudden Invasions which other Frontier Countries be One of our greatest defences standing by Sea the number of good Ships is of the most importance for us What the Queens Navy is how many notable Ships and how far behind the Navy of any other Prince is known to all men and therewith also it may be easily considered how great Charges be incident to the same Necessary also it is that her Majesty have Forces by Land sufficient to chastise the Rebels in Ireland and to repress any Foreign attempts either there or here For which Services either by Land or by Sea her Majesty needeth not as other Princes are fain to do to entertain necessary Souldiers of Foreign Countries hardly gotten costly and dangerously kept and in the end little or no service done them but may bring sufficient Forces of her own natural Subjects ready and easy to be levied that carry with them willing valiant and faithful minds such as few Nations may easily compare with But these Forces with their Furniture and Munition can neither be prepared nor maintained to have continuance without provision of Treasure sufficient to bear the Charge being as you know termed of old Nervus belli This belongeth to us to consider and that in time there be not lack of the Sinews that must hold together the strength of our Body And because through the malice of our Enemies her Majesty is driven to keep great Forces in Ireland for the better suppressing of that Rebellion to her exceeding Charge and for that also it is uncertain how sudden and how great other attempts may be therefore in reason our supply of that maintenance ought to be the more especially the Wars being at this day so costly as every man in his private expence may easily judg But lest that peradventure some may judge that the Contribution granted by us now five Years past both frankly and dutifully might suffice for many years without any new I dare assure you for the acquaintance I have though I be unworthy with those her Majesties Affairs that the same hath not been sufficient to Answer the extraordinary Charges happened since then especially those of Ireland by the one half but her Majesty hath supplied the rest out of her own Revenues sparing from her self to serve the necessity of the Realm and shunning thereby Loans upon interest as a most pestilent Cancer that is able to devour even the States of Princes Which being so as it is most true we are not to think upon the charge that is past but the good we have received by it being by that provision well and honourably desended against the malice of our Enemies And therefore considering the great benefit we have received by the last payment being easily taxed and easily born whereby we have kept all the rest in Peace let us as provident Councellors of this State prepare again in time that which may be able to withstand the mischiefs intended against us To do this willingly and liberally our duty to our Queen and Country and our Safeties move us The love and duty that we owe to our most Gracious Queen by whose Ministry God hath done so great things for us even such as be wonderful in the Eyes of the World ought to make us more careful for her preservation and security than for our own A Princess known by long experience to be a principal Patron of the Gospel vertuous wise faithful just unspotted in word and deed merciful temperate a maintainer of Peace and Justice amongst her People without respect to Persons a Queen besides of this noble Realm our Native Country renowned of the World which our Enemies daily gape to over-run if by force or sleight they could do it For such a Queen and such a Country and for the defence of the Honour and Safety of them both nothing ought to be dear unto us that with most willing hearts we should not spend and adventure freely The same love and duty that we owe to our Gracious Soveraign and to this our Native Country ought to make us all to think upon the Realm of Ireland as upon a principal Member of this Crown having continued so this four hundred Years or more To lose that Land or any part thereof which the Enemies seek would not only bring with it dishonour but also prove a thing most dangerous to England considering the nearness of that Realm to this and the goodness of so many notable Havens as be there Again to reform that Nation by planting there of Religion and Justice which the Enemies labour to interrupt is most godly and necessary the neglecting whereof hath and will continue that People in all Irreligion and Disorder to the great offence of God and to the infinite Charge of this Realm Finally let us be mindful also of our safety thereby to avoid so great dangers not seen afar off but imminent over our heads The quietness that we have by the Peaceable Government of her Majesty doth make us to enjoy all that is ours in more freedom than any Nation under the Sun at this day but let not that breed in us a careless Security as though this clear Sun-light could never be darkened but let us think certainly that the Pope and his Favourers do both envy our Felicity and leave no practice unsought to over-throw the same And if any man be so dull as I trust there be none here that he cannot conceive the blessedness of this our golden Peace except he felt the lack of it let him but cast his Eyes over the Seas into our Neighbours Countries and there behold what trouble the Pope and his Ministers have stirred against such as profess the same Religion of Jesus Christ as we do there he may find Depopulations and Devastations of whole Provinces and Countries over-throwing spoiling and sacking of Cities and Towns Imprisoning ransoming and murthering of all kind of People besides other infinite Calamities which the insolency of War doth usually bring with it From these God in his Mercy hath delivered us but this nevertheless is the State and condition that our Enemies would see us in if by any device they could bring it to pass and to that end be then assured they will spare for no cost nor leave any means unassayed Therefore to conclude seeing the malice of
and rejected It is Ordered that M r Speaker in the name of this House do require the Warden of the Fleet being a Member of this House that he do cause from henceforth two of his Servants to attend at the Stair-head near unto the outer Door of this House and to lay hands upon two or three of such disordered Serving-men or Pages as shall happen to use such lewd disorder and outrage as hath been accustomed to be exercised there this Parliament time to the end they may thereupon be brought into this House and receive such punishment as to this House shall seem meet On Thursday the second day of February it seemeth that neither House sate for in the Journal of the House of Commons there is no mention at all of the day or of any passages in it And that the Upper House sate not it is most certain for on the Wednesday foregoing being the first day of this instant February Sir Thomas Bromley the now Lord Chancellor Adjourned the Parliament unto Saturday following being the 4 th day of this instant Month. On Friday the third day of February Eight Bills of no great moment had each of them one reading of which the seventh being the Bill against slanderous Libelling was upon the second reading committed to M r Vice-Chamberlain M r Chancellor of the Exchequer M r Chancellor of the Dutchy Sir Henry Knivett M r Attorney of the Dutchy M r Serjeant Fenner and others to meet in the Exchequer Chamber at two of the Clock in the Afternoon M r Treasurer brought in a Bill touching Children of Strangers born in England and a new Bill devised by the Committees for that purpose which Bill had its first reading John Owld Porter of Serjeants-Inn in Fleetstreet who on Wednesday last past being the first day of this instant February had been by Order of this House committed to the Serjeants Ward for his miscarriage towards M r Norton a Member of this House being this day brought to the Bar upon his humble submission and acknowledgment of his fault was set at liberty paying his Fees On Saturday the 4 th day of February Six Bills had each of them one reading of which the third being the Bill for Cloths called Tauntons Bridgewaters and Charde was upon the second reading committed unto M r Chancellor of the Exchequer Sir George Speake Sir William Moore M r Norton and others who were appointed to meet on Wednesday next at two of the Clock in the Afternoon in the Exchequer Chamber Sir Thomas Scott one of the Committees in the Bill for preservation of Woods offered a new Bill for that purpose to this House drawn by the privity and assent of himself and of the residue of the said Committees M r Serjeant Anderson and M r Doctor Clark did bring word from the Lords that their Lordships do require a Conference with some of this House in the Council Chamber at the Court on Tuesday next in the Afternoon touching the Bill passed this House for avoiding of certain Incumbrances against Purchasers Whereupon are appointed all the Privy-Council being of this House Sir Thomas Sampoole M r Attorney of the Dutchy M r Recorder of London M r Serjeant Flowerdewe M r Serjeant Fenner M r Colbie M r Yelverton M r Sands and M r Dalton The Bill for reformation of disorders in Sheriffs c. was read and committed to M r Vice-Chamberlain M r Comptroller M r Chancellor of the Exchequer M r Osborne and others who were appointed to meet at the Exchequer Chamber upon Thursday next at two of the Clock in the Afternoon and withal to consider of the former Bills of like effect offered to this House now or heretofore Upon a Motion made to this House by M r Norton in which he declared that some person of late had caused a Book to be set forth in print not only greatly reproachful against some particular good Members of this House of great Credit but also very much slanderous and derogatory to the general Authority Power and State of this House and prejudicial to the validity of the Proceedings of the same in making and establishing of Laws charging this House with Drunkenness as Accompanied in their Councils with Bacchus and then also with Choler as those which had never sailed to Anticyra and the Proceedings of this House to be opera tenebrarum and further that by the circumstance of the residue of the Discourse of the said Book he conjectured the same to be done and procured by Mr. Arthur Hall one of this House and so prayed thereupon the said Mr. Hall might be called by this House to Answer and the matter further to be duly examined as the weight thereof in due consideration of the gravity and wisdom of this House and of the Authority State and Liberty of the same requireth It is resolved that the said Mr. Hall be forthwith sent for by the Serjeant at Armes attending upon this House to make his appearance here in that behalf accordingly And then immediately Mr. Secretary Wilson did thereupon signifie unto this House that the said Mr. Hall had upon his Examination therein before the Lords of the Council heretofore confessed in the hearing of the said Mr. Secretary that he did cause the said Book to be printed indeed Upon relation whereof and after some Speech then also uttered unto this House by Mr. Chancellor of the Exchequer of the dangerous and lewd contents of the Book the Serjeant was forthwith by Order of this House sent to apprehend the said Arthur Hall and presently assisted for that purpose with Sir Thomos Scott and Sir Thomas Browne by the appointment of this House A Commission was also given by this whole House unto Mr. Vice-Chamberlain Mr. Chancellor of the Exchequer Mr. Secretary Wilson Mr. Treasurer of the Chamber Sir Henry Lea Sir Thomas Cecill Sir William fitz Williams and Sir Henry Gate to send for the Printer of the said Book and to examine him touching the said matter and afterwards to make report thereof to this House accordingly And also to take Order and advice further for the sending for and apprehending of the said Arthur Hall if it should so fall out that he did withdraw himself or depart out of Town before such time as the said Serjeant could find him with this further Resolution also that any such Member of this House as should happen first to see him or meet him might and should in the name of this whole House stay him and bring him forth to Answer the said matter forthwith before the whole House with all possible speed Vide concerning this matter on Wednesday the 14 th of this instant February following and also on Saturday the 18 th day of March next following On Monday the 6 th day of February the Bill for ratifying of an award for certain Copyholders in the County of Worcester and the Bill for Partition of Lands amongst the Coheirs of the late Lord Latimer were each of
read Dominus Cancellarius continuavit praesens Parliamentum usque in diem crastinum horâ nonâ On Thursday the 10 th day of November the Lords Committees made report unto the whole House that they of the House of Commons upon hearing the Sentence and divers of the special Evidences and Proofs whereupon the Sentence was grounded openly read unto them after long deliberation and consultation had betwixt them both publickly and privately they all with one assent allowed the same Sentence to be just true and honourable and that they humbly desired their Lordships to make choice of such number of Lords as their Lordships should think meet to joyn with them in Petition to her Majesty Whereupon their Lordships made choice of the said Lords following viz. the Lord Chancellor the Lord Treasurer the Lord High Chamberlain the Lord Steward the Earl of Northumberland the Earl of Kent the Earl of Rutland the Earl of Sussex the Earl of Pembroke and the Earl of Hartford the Lord Chamberlain the Lord Abergavenny the Lord Zouch the Lord Morley the Lord Cobham the Lord Grey the Lord Lumley the Lord de la Ware and the Lord Norris Memorandum That the Commons House made request to have the Petition assented unto by both the Houses to be introlled in the Parliament Roll the which the Lords thought better to defer until her Majesties liking or misliking were first had of the same Dominus Cancellarius adjournavit praesens Parliamentum usque in diem Martis prox horâ nonâ On Tuesday the 15 th day of November the Lord Chancellor declared unto the whole House the order of proceeding of Committees in presenting the Petition unto her Highness and that her Majesties Answer was in so eloquent and goodly sort and with words so well placed that he would not take upon him to report it as it was uttered by her Majesty but that the effect was that her Highness highly thanked her so dutiful and loving Subjects for their great care and tender zeal that they shewed to have of her safety and were it not in respect of them and of the state of the Realm and maintenance of the true Religion she would not ..... And that her Highness did well know the greatness of the peril and the dangerous practice attempted against her Person and that her Majesty did acknowledge it to be the maintaining and defending hand of him that hath delivered her so often and from so great perils Her Highness concluded it was a Cause of great moment and required good deliberation and that she could not presently give Answer unto them but that her Highness would shortly deliver it to some of her Privy Council which should declare unto them her Highnesses mind And thus her Highness answered This day further the Lord Chancellor signified unto the Lords that on Monday her Majesty commanded him to require the Lords to advise amongst them if some other course might be taken without proceeding to the extremity of Execution which her Highness could better like of if any such might be found and that her Highness looked for Answer from their Lordships Nota That the whole entrance of this days business viz. the Lord Chancellors Report of the Queens Answer is crossed in the Original Journal-Book but remaineth as legible as any other part except a few interlined words but by the whole course following that ought to stand which is crossed for without that the business following hath no coherence with the premisses Dominus Cancellarius adjournavit praesens Parliamentum usque in diem Sabbati prox horâ consuetâ Die Sabbati 19 Die Novembris Dominus Cancellarius continuavit praesens Parliamentum usque in diem Martis prox horâ nonâ On Tuesday the 22 d day of November after many Speeches which tended all to one effect which was that their Lordships in their opinions could not find any other way than was already set down in their Petition then the Lords agreed that the matter should be put to the question and being particularly asked every one his several voice answered with one Consent that they could find no other way The House of Commons came up and desired the Lords to be content to appoint some of the Lords to confer with them upon the Answer that was to be made to her Highness and to deliver the same to her Majesty Whereupon the Lords made choice of these Lords following viz. the Archbishops of Canterbury and York the Lord Treasurer c. And the said Lords upon Conference had with the Committee of the Lower House made report that the like question was propounded to them of the House of Commons and that they Answered all with one consent no man gainsaying that they could find none other way Whereupon the said Committees of both Houses agreed upon this Answer to be made to her Majesty That having often conferred and debated of that question according to her Highness Commandment they could find none other way than was set down in the Petition Which Answer for the Lords was delivered unto her Majesty by the Lord Chancellor and for the Commons by their Speaker at Richmond on Thursday the 24 th day of November Dominus Cancellarius continuavit praesens Parliamentum usque in diem Vcneris prox horâ nonâ On Friday the 25 th day of November the Lord Chancellor delivered her Maiesties Answer to the Lords to the last resolution the Effect whereof was as followeth viz. If said her Highness I should say unto you that I mean not to grant your Petition by my faith I should say unto you more than perhaps I mean And if I should say unto you that I mean to grant your Petition I should then tell you more than is fit for you to know And thus I must deliver you an Answer Answerless Whereas on the 7 th day of this instant Month of November whilst the Lords were in Consultation about the great matter of the Queen of Scots the Chief and only Cause of the Summons of this Parliament they of the House of Commons came up and desired Conference with some of the Lords of this House what number it should please their Lordships to appoint touching the said great cause which as they affirmed had been opened and declared unto them Whereupon the Lords made choice of divers Lords whose names see at large on Munday the 7 th day of this instant Month of November foregoing And to attend the said Lords were appointed the Lord Chief Justice of the Common-Pleas the Lord Chief Baron and Justice Gawdie the time and place of their meeting being in the very Parliament Chamber at two of the Clock in the Afternoon and after often meeting and long Conferences had they agreed upon a form of Petition which by both the Houses should be presented unto her Majesty And that Choice should be made of a certain number of either House to prefer the same unto her Highness Which being reported to this House the Lords liked very
beseech you c. that speedy Justice be done upon her whereby your self may be safe the state of your Realm preserved and we not only delivered from this trouble of conscience but also re-comforted to endeavour our selves and all ours into whatsover other peril for the preservation and safety of you Lastly Gods vengeance against Saul for sparing Agag against Ahab for sparing the life of Benhadad is apparent for they were both by the just Judgment of God deprived of their Kingdoms for sparing those wicked Princes whom God had delivered into their hands of purpose to be slain to death by them as by the Ministers of his eternal and divine Justice How much those Magistrates were commended that put to death those mischievous and wicked Queens Jezebel and Athaliah How wisely proceeded Solomon to punishment in putting to death his own natural and elder Brother Adonias for the only intention of a marriage which gave suspicion of Treason whereas there is no more desired of your Majesty than the very Pope now your sworn Enemy some of these late Conspirators and this wicked Lady her self have thought fit to fall on her He in like case gave sentence vita Conradini mors Carolo Mors Conradini vita Carolo. They in their best minds and remorse of Conscience setting down the best means of your safety said He that hath no Arms cannot fight and he that hath no Legs cannot run away but he that hath no head can do no harm Pisces primùm à Capite foetent She by her voluntary subscribing to the late Association c. gave this sentence against her self And after in her Letters of these Treasons to Babington wrote that if she were discovered it would give sufficient cause to you to keep her in continual close Prison By which words she could mean nothing else but pains of death Therefore we seeing on the one side how you have to the offence of mighty Princes advanced Religion with what tender care and more than motherly Piety you have always cherished us the Children of this Land with what Honour and Renown you have restored the ancient Rights of the Crown with what Peace and Justice you have governed and with what store and plenty you have raigned over us On the other side seeing that this Enemy of our Felicity seeks to undermine the Religion c. to supplant us and plant Strangers in the place to transfer the Rights of the Crown to that Italian Priest and the Crown to her self or some other from you and therefore lyeth in continual wait to take your life c. Therefore we pray you c. for the Cause of God his Church this Realm our selves and your self That you will no longer be careless of your life our Soveraign safety nor longer suffer Religion to be threatned the Realm to stand in danger nor us to dwell in fear but as Justice hath given rightful Sentence c. so you will grant Execution That as her life threatneth your death so her death may by Gods favour prolong your life and that this evil being taken away from the Earth we may praise God for our deliverance and pray him for our continuance And with the Psalmist say Dominus fecit Judicium and the ungodly is trapped in the works of her own hand And so pray God to incline her heart to our just desires c. Which short Note seemeth to be thus impersectly set down by the said Speaker only to put him in mind to end and shut up his Speech with some short Prayer to the said purpose Nota That all the several passages of this Saturday are supplied out of a very authentick Copy which I had containing the said reasons delivered by the said Speaker and partly out of the Original Journal-Book of the Upper House being wholly omitted in that of the House of Commons as is also her Majesties Answer which because it is printed at large by Mr. Cambden in Annal. Regin Eliz. edit Lugd. Batav Anno Dom. 1625. pag. 466 467 468. and elsewhere it would be needless to insert it here or any part thereof and the rather because some heads thereof are shortly remembred on Monday next following On Monday the 14 th day of November Mr. Speaker made report to the House of his Message done from this House to her Majesty which see on Saturday last foregoing and also of her Majesties most grateful acceptation of the same and of her Highnesses Answer thereunto but what her Majesties said Answer was is wholly omitted in the Original Journal-Book of the House of Commons although Mr. Fulk Onslow at this time Clerk thereof had left the entire 187. leaf of the said Journal a blank for the entring or inserting of it Yet it will not be amiss although the said Answer be extant in print as is abovesaid briefly to touch the heads thereof Which were her Majesties thankful acknowledgment for her many miraculous preservations that she was most grieved that so near a Kinswoman as the Queen of Scots had conspired to take away her life That the Law lately made which seemeth to have been that for the preservation of her Majesties person passed the last Parliament was not enacted to intrap the said Queen as some had pretended but only to deter her from such wicked practices That her Tryal had been just and honourable And lastly that she thanked them for their care of her safety and desired them a while to expect her further and final Answer Mr. Vice-Chamberlain affirming the Report of Mr. Speaker to be very true in all the parts of the same and well and faithfully delivered by him to this House and very much also commending his delivery of the Message of this House to her Majesty upon Saturday last at the Court in such dutiful and due sort as all this whole House had he said very good cause to yield him very hearty thanks for the same and therefore required them so to do which they so then did in very loving and courteous sort And he further shewed That he had something more to add to the said Speech reported by Mr. Speaker not of any thing delivered unto him upon Saturday by her Majesty but of something then omitted and forgotten by her Majesty albeit both before purposed by her Highness and then and yet still intended to be signified unto this House and which he himself that morning was commanded by her Majesty to signifie unto them which was That her Highness moved with some commiseration towards the Scottish Queen in respect of her former Dignity and great Fortunes in her younger years her nearness of Kindred to her Majesty and also of her Sex could be pleased to forbear the taking of her Blood if by any other means to be devised by her Highnesses great Council of this Realm the safety of her Majesties own Person and of the State might be preserved and continued without peril or danger of ruine and destruction and else not
glory of God and our true and loyal service to our Prince and State For I am fully perswaded that God cannot be honoured neither our NoblePrince or Commonweal preserved or maintained without free speech and consultation of this Honourable Council both which consist upon the liberties of this Honourable Council and the knowledge of them also So here are the questions M r Speaker I humbly and heartily beseech you to give them reading and God grant us true and faithful hearts in answering of them for the true faithful and hearty service of our merciful God our lawful Prince and this whole and worthy Realm of England will much consist hereafter upon the answer unto these Questions Wherefore it behoveth us to use wise grave and godly considerations in answering of them Therefore the Lord direct our tongues that we may answer them even with his spirit the spirit of wisdom without the which our wisdom is nothing else but foolishness The Questions follow Whether this Council be not a place for any Member of the same here assembled freely and without controllment of any person or danger of Laws by Bill or speech to utter any of the griefs of this Commonwealth whatsoever touching the service of God the safety of the Prince and this Noble Realm Whether that great honour may be done unto God and benefit and service unto the Prince and State without free speech in this Council which may be done with it Whether there be any Council which can make add to or diminish from the Laws of the Realm but only this Council of Parliament Whether it be not against the Orders of this Council to make any secret or matter of weight which is here in hand known to the Prince or any other concerning the high service of God Prince or State without the consent of the House Whether the Speaker or any other may interrupt any Member of this Council in his Speech used in this House tending to any of the forenamed high services Whether the Speaker may rise when he will any matter being propounded without consent of the House or not Whether the Speaker may over-rule the House in any matter or cause there in question or whether he is to be ruled or over-ruled in any matter or not Whether the Prince and State can continue stand and be maintained without this Council of Parliament not altering the Government of the State At the end lastly of the said Speech and Questions is set down this short Note or Memorial ensuing By which it may be perceived both what Serjeant Puckering the Speaker did with the said questions after he had received them and what became also of this business viz. These questions M r Puckering pocketted up and shewed Sir Thomas Heneage who so handled the matter that M r Wentworth went to the Tower and the questions not at all moved M r Buckler of Essex herein brake his faith in forsaking the matter c. and no more was done After the setting down of the said Business of M r Wentworth in the Original Journal-Book there followeth only this short Conclusion of the business of the day it self viz. This day M r Speaker being sent for to the Queens Majesty the House departed On Thursday the 2 d day of March M r Cope M r Lewkenor M r Hurlston and M r Bainbrigg were sent for to my Lord Chancellor and by divers of the privy Council and from thence were sent to the Tower Vid. Febr. 27. antea The Bill for explanation of the Law touching Fines and Recoveries levied before the Justices of the Common Pleas whereunto they or any of them be parties was read the third time and passed upon the Question It is ordered That all the Committees appointed before to meet about the Bill for the delay of execution of Justice shall meet about the same to morrow in the Forenoon above in the Room of this House in the time of the reading of the Subsidy See these Committees names on Munday the 27 th day of February foregoing Three Bills of no great moment had each of them one reading of which the last being the Bill for continuance of Statutes was read the first time The Bill last past touching Fines and Recoveries c. was sent up to the Lords by M r Treasurer and others A Proviso offered by M r Recorder of London to be inserted in the Subsidy for saving the liberties of the Officers of the Mint had its first reading On Friday the third day of March four Bills of no great moment had each of them one reading of which the last being the Bill against the abuses of Purveyors was read the second time and committed unto all the Privy Council of this House Sir John Cutts Sir William Moore Sir Thomas Scott and others and the Bill was delivered to M r Chancellor who with the rest was appointed to meet to Morrow in the Afternoon at two of the Clock in the Exchequer Chamber On Saturday the 4 th day of March Sir John Higham made a motion to this House for that diverse good and necessary Members thereof were taken from them that it would please them to be humble Petitioners to her Majesty for the restitution of them again to the House To which Speeches M r Vice-Chamberlain answered That if the Gentlemen were committed for matter within the compass of the priviledge of this House then there might be a Petition but if not then we should give occasion of her Majesties farther displeasure and therefore advised to stay until they heard more which could not be long and further he said touching the Book and the Petition her Majesty had for diverse good causes best known to her self thought fit to suppress the same without any further examination thereof and yet conceived it very unfit for her Majesty to give any account of her doings This Book and Petition touching the Ecclesiastical Government and for reformation of matters in the Church were delivered to the Clerk of the Parliament or the Speaker by M r Cope on Munday the 27 th day of February foregoing who with M r Lewkenor M r Hurlston and M r Bainbridgg spake in the commendation of them and desired they might be read Whereupon the said M r Cope with the other three were on Thursday the second day of this instant March foregoing sent unto the Tower and for the setting them at liberty it was that Sir John Higham made the motion foregoing which M r Vice-Chamberlain did answer with this supposition only that they might perhaps be committed for somewhat that concerned not the business or priviledge of the House But whatsoever he pretended it is most probable they were committed for intermedling with matters touching the Church which her Majesty had so often inhibited and which had caused so much disputation and so many meetings between the two Houses the last Parliament in Anno 27 Reginae Eliz. Anno Domini 1584. vide 13 Mar. sequentem A motion
Prorogand Ita quod nec vos nec aliquis vestruin ad dictum duodecimum diem Novembris apud Civitatem praedictam comparere teneamini seu arctemini volumus enim vos quemlibet vestrum erga nos penitus exonerari Mandantes tenore praesentium firmiter injungendo praecipientes vobis cuilibet vestrum omnibus aliis quibus in hac parte intererit quòd ad dictum quartum diem Februarii apud praedictam Civitatem Westmonasterii personaliter compareatis intersitis quilibet vestrum compareat intersit ad tractand faciend agend concludend super hiis quae in dicto Parliamento nostro de communi Concilio dicti regni nostri favente Domino contigerint ordinari In cujus rei testimonium has Literas nostras fieri fecimus Patentes Teste meipsa apud Westmonasterium 15. die Octobris Anno Regni nostri 30. Per ipsam Reginam Ha. Gerrard On Tuesday the 4 th day of February in the 31. year of her Majesties Reign to which day the Parliament had been last Prorogued upon Tuesday the 12 th day of November foregoing and accordingly now held The Queens Majesty was personally present accompanied by the Lord Chancellor and divers of the Lords both Spiritual and Temporal but the Original Journal-Book of the Upper House doth not at all mention the presence of any Lords which happened through the great negligence of M r Anthony Mason at this time Clerk thereof yet it may be collected February 8. The Queen being set under her Cloth of State and the Lords placed in their Parliamentary Robes according to their several ranks and orders the Knights Citizens Barons and Burgesses of the House of Commons had notice thereof and thereupon repaired to the said Upper House and as many of them as conveniently could being let in stood before the Rail or Bar at the nether end thereof Then Sir Christoper Hatton Knight Lord Chancellor of England in a Speech which he used did at large declare the Queens gracious disposition to peace and her great wisdom in preserving the same and singular government of the Realm Next he shewed the great benefit which this Kingdom enjoyed by her government and remembred her great Conquest over the Spanish late wonderful Army or Fleet on the Seas videlicet in Anno 30 Reign Eliz. Anno Domini 1588. He further declared how much the King of Spain remained bent against this Kingdom And lastly shewed the Cause of calling this Parliament to be that by the consent of the most grave and wise Persons now called together out of all parts of the Realm preparation may as far forth by the Counsel of man as is possible be made and provided that Arms Souldiers and Money may be in readiness and an Army prepared and furnished against all Events The Lord Chancellors Speech being ended the Clerk of the Parliament read the names of the Receivors and Triors of Petitions in French according to the usual form which were these Receivors of Petitions for England Ireland Wales and Scotland Sir Christopher Wray Chief Justice Sir Gilbert Gerrard Knight Master of the Rolls Sir Robert Shute one of the Justices of Kings Bench D r Aubrey and D r Ford. Receivors of Petitions for Gascoigne and other Countries beyond the Seas and the Isles Sir Edmond Anderson Chief Justice of the Common Pleas Sir Roger Manwood Chief Baron Francis Windham one of the Justices of the Common Pleas D r Clerk and D r Cary. Tryors of Petitions for England Ireland Wales and Scotland The Archbishop of Canterbury the Earl of Darby the Earl of Worcester the Earl of Sussex the Bishop of London the Bishop of Winchester the Lord Howard of Effingham Lord Admiral Lord Cobham the Lord Grey of Wilton Tryors of Petitions for Gascoigne and for other Countries beyond the Seas and the Islands The Earl of Oxford great Chamberlain of England the Earl of Warwick the Earl of Pembrook the Bishop of Salisbury the Bishop of Lincoln the Bishop of Rochester the Lord Hunsdon Lord Chamberlain to the Queen the Lord Lumley and the Lord Buckhurst As soon as the Clerk of the Parliament had read these names and had likewise ended other things of course belonging unto them viz. That the first Tryors of England c. or any four of them calling unto them the Lord Chancellor and the Lord Treasurer and also the Queens Serjeants should at their leisure meet together in the Chamberlains Chamber and that the last Tryors of Gascoigne c. or any four of them calling unto them the Queens Serjeants the Queens Attorney and Sollicitor should hold their place when their leisure did serve them to meet in the Treasurers Chamber Then the Queen continued the Parliament unto a day to come which is entred in the Original Journal-Book of the Upper House in manner and form following viz. Ipsa Regina continuavit praesens Parliamentum usque in diem Jovis prox ' hora secunda post Meridiem On Wednesday the 5 th day of this instant February although the Upper House sate not yet was one extraordinary Proxy returned or brought in unto the Clerk of the said House as there had formerly been another of a like nature returned on Monday the third day of the said Month foregoing which because it was returned before the Parliament it self began and is entred together with that before mentioned in the beginning of the Original Journal-Book of the said House it shall not be much amiss to set them down both together in this place in such manner and form as they are entred in the said Journal-Book viz. Vacat 3. die Februarii introductae sunt Literae procuratoriae Willielmi Assaphen ' Episcopi in quibus Procuratores suos constituit Johannem Archiepiscopum Cantuar ' Johannem Episcopum Roffen Hugonem Episcopum Bangoren ' Nota That though the word vacat be here placed in the Original Journal-Book of the Upper House in the Margent of this Proxy in such manner and sort as this is transcribed yet there doth not appear any reason thereof for as it may be collected by the presence of the Lords set down on Saturday the 8 th day of this instant February following neither the said Bishop of S t Asaph was present himself after the said Proxy sent nor all nor any of his Proctors absent nor himself dead which are only causes of a Vacat 5 to Die Februarii introductae sunt Literae procuratoriae Johannis Carliolen ' Episcopi in quibus Procuratorem suum constitiuit Johannem Archiepiscopum Cantuarien ' Nota That these Two Proxies are therefore called unusual and extraordinary because these two Bishops did constitute the first of them three Proctors and the last of them but one whereas for the most part the Spiritual Lords do nominate two and the Temporal Lords but one which may be collected in part out of the very Returns of this Parliament for of five Spiritual Lords that sent their Proxies three constituted two
as two for one place and one for two places and other corrupt courses in sundry of the Returns to the great prejudice both of the liberties and also of the service of this House It is ordered that it be committed unto Sir William Moore Sir Edward Hobby M r Edward Dyer M r Cromwell M r Recorder of London M r Alford M r Francis Hastings Sir Edward Dymock M r Robert Markham M r Lieutenant of the Tower M r Rowland Watson Clerk of the Crown and that he do attend as well with the Returns of the Sheriffs as with his own Book of the same Returns certified by him into this House and to meet in the Exchequer Chamber upon Monday next at three of the Clock in the Afternoon And upon a further motion made by M r Humphrey Conisby for due consideration to be had that the Members of this House may give their better attendance in this House hereafter than hath been of late accustomed This matter is also referred to the said former Committees and the said M r Conisby added unto them The Bill touching Informers and Informations upon Penal Statutes was read the second time and committed unto all the Privy Council of this House M r Recorder Sir William Moore M r Grafton and others who were appointed to meet in the Exchequer Chamber upon Tuesday next at two of the Clock in the Afternoon On Monday the 10 th day of February the Bill touching the benefit of Clergy in some cases of Offenders was upon the second reading committed unto M r Cromwell M r Secretary Wolley and others who were appointed to meet in the Star-Chamber upon Wednesday next at two of the Clock in the Afternoon Upon a motion this day made by M r Treasurer that M r Robert Knowles Esquire being returned into this House both Knight for the County of Brecknock and also one of the Burgesses for the Town of Reading and hath made his choice to appear as Knight of the said County of Brecknock It is ordered that a Warrant from this House be directed to the Clerk of the Crown for another Writ to choose another Burgess for the said Town of Reading in the lieu and stead of the said Robert Knowles Upon motions also made for some Burgesses returned into this Session and which are sick and desirous to have others to serve in their places to be returned upon new Writs partly by Certificate of the same parties under their hands and partly by report of some of the Members of this House It is ordered after sundry arguments that this Case be considered of by the foresaid Committees this Afternoon whose names see before on Friday the 7 th day of this instant February and Sir Francis Godolphin Sir Henry Cobham M r Francis Bacon M r Francis Moore and M r Fane are now added unto them A Bill that Lands Intailed and Copy-hold Lands may be liable to the payment of debts was read the first time and after sundry Arguments rejected upon the question On Tuesday the 11 th day of February a Bill touching the pursuit of Hue and Cry was read the first time M r Treasurer in the name of himself and of the residue of the Committees whose names see before on Friday the 7 th day of this instant February for examination of the Returns and attendance of the Members of this House doth shew that they met yesterday in the Afternoon and having conferred together about those matters were of opinion that this House is to take notice of all Returns only in such sort as the same shall be certified unto this House by the Clerk of the Crown in the Chancery and not otherwise without any intermedling at all with any business of the Sheriffs or of any others in making the Election of any such Member to be Knight Citizen Burgess or Baron but yet that this House hath nevertheless authority in cases where no Return is made at all to direct their Warrant under the hand of M r Speaker unto the said Clerk of the Crown Office for her Majesties Writ to go forth for chusing and returning any Knight Citizen Burgess or Baron into this House in every such Case where any such shall not before happen to be returned at all And further that upon Conference they do find that no new Knight Citizen Burgess or Baron hath been chosen in the place of another being sick unless the sickness be irrecoverable in all likelihood as Frensy or such like And moreover where in the Return of the Burgesses for the Borough of Appleby in the County of Westmerland it appeareth that in the Indenture returned being razed in the sentence of Election Laurence Lister and Thomas Musgrave are named Burgesses and in the sentence for giving them authority being likewise razed Robert Warcop and Anthony Felton are named with the former hand they do think it convenient upon the insufficiency and uncertainty thereof that a new Writ be granted for chusing of new Burgesses for the said Borough and the said former Return not yet received of Record to be utterly disallowed Which opinion of the said Committees in every behalf was well liked of by this House And that as concerning better attendance to be given hereafter by the Members of this House for the service of the same House they think it meet to be redressed by way of Fines or Amerciaments to be inflicted upon such the Members of this House as upon the calling of the House or otherwise shall be found to make such default or to be much or long absent from the service of this House without Licence or some reasonable cause to be shewed for the same Which course was also well liked and allowed of by this said House And after this report made by Mr. Treasurer M r Speaker putting the House in remembrance of some persons already in this present Session allowed by this House to be returned into the place of some others sick and the Warrants already gone out for the same being repugnant directly to one part of the said report now allowed and liked of by this House doth desire to know the further resolution of this House touching those persons so now to be newly returned upon the said Warrants And after some Speeches thereof had not throughly digested Mr. Chancellor of the Exchequer stood up and offering to speak of some great matter but yet without prejudice to the due consideration of the things then in disputation as very necessary but yet to be referred to another time putteth the House in mind of the prosperous and quiet state of this Realm under her Majesties most happy and Blessed Government by the space now of thirty years But what should here follow is very negligently omitted especially there being almost three entire blank pages left for the inserting of it but it may probably be conjectured that the chief end and scope of his Speech was as to set forth the Excellency and Justice of her Majestres
upon the second reading committed unto Mr. Vice-Chamberlain Sir Henry Knyvet Mr. Wroth and others and the Bill was delivered to Mr. Vice-Chamberlain who with the rest was appointed to meet to Morrow in the Afternoon at two of the Clock in the Exchequer Chamber The Bill for relief of the City of Lincoln was brought in by Mr. Vice-Chamberlain one of the Committees in the same who shewed that they have met and conferred upon the same Bill and have amended it in four parts thereof and sheweth wherein leaving the same to the further proceeding of this House in the expediting thereof Mr. Vice-Chamberlain shewed that he and divers others of the Committees of this House met yesterday in Conference about the matter touching abuses of Purveyors and received all such Informations as were then delivered unto them which he said were very many and foul and some of them offered to be proved true in such sort as the same had been reported unto them and so moving this House to make choice of four of the Members of the same to be specially selected to attend upon the Lords in the said matter according to her Majesties said pleasure formerly signified unto them by Mr. Speaker Sir Henry Kuyvet Mr. Thomas Cromwell Mr. John Hare and Mr. Robert Wroth were thereupon nominated for that purpose and Ordered and assented that all the Members of this House might at their pleasure in the mean time of the said Conference so to be had with the Lords repair unto the said Sir Henry Knyvet Mr. Thomas Cromwell Mr. John Hare and Mr. Robert Wroth and to every or any one of them with such instructions either in writing or by information otherwise as they shall think fit for the better furnishing of the same Sir Henry Knyvet Mr. Cromwell Mr. Hare and Mr. Wroth with matter against the time of the said conference to be had with the Lords Nota That this House having formerly dealt in this matter and in reforming some exactions of the Exchequer had been forbidden by her Majesty to deal any further therein and yet afterwards upon some new considerations had leave for their further proceeding in the said matter as see before on Saturday the 15 th day and on Thursday the 17 th day and on Monday the 27 th day of February foregoing and on Tuesday the 4 th day Thursday the 6 th day Saturday the 8 th day and on Monday the 17 th day of this instant March last past Mr. Vice-Chamberlain one of the Committees in the Bill of Hue and Cry appointed on Saturday the 15 th day of this instant March foregoing shewed that in respect of other particular attendance committed unto him in her Majesties service elsewhere he could not be at the said Commitment this Afternoon and therefore prayed he may be excused and some other appointed in his stead Whereupon presently Sir John Parrot and the Master of the Wardrobe were added to the former Committees and the said Mr. Vice-Camberlain withdrawn And the Bill together with the names of the Committees was then delivered to the said Sir John Parrot On Wednesday the 19 th day of March the Bill concerning Glass-houses and Glass-Furnaces was upon the second reading committed unto Sir William Moore Mr. George Moore Mr. Markham and others and the Bill was delivered to Sir William Moore who with the rest was appointed to meet in the Exchequer Chamber at two of the Clock this Afternoon The Bill for the Lady Gressam was upon the second reading committed unto Mr. Cromwell Mr. Grafton Mr. Grimston Mr. Recorder of London and others who were appointed to meet in the Exchequer Chamber to Morrow in the Afternoon at two of the Clock The Bill against discontinuances in Writs of Error in the Courts of Exchequer and the Kings Bench was read the second time and upon further Motion was read again for the third reading thereof and so passed upon the question The Master of the Wardrobe one of the Committees in the Bill touching Leases of the Lands Parcel of the Possession of the Bishoprick of Oxford brought in the same Bill with report that the said Committees do think the same Bill not meet to be further dealt in by this House The Bill concerning Captains and Souldiers was read the second time and after the doubtfulness of the voices upon two several questions for the commitment thereof was upon the division of the House by the difference of thirty five Persons Ordered to be committed viz. with the Yea one hundred thirty one and with the No ninety six unto all the Privy Council being of this House Sir Henry Knyvet M r Wroth M r Lieutenant of the Tower M r North and others who were appointed to meet upon Friday next in the Exchequer Chamber at two of the Clock in the Afternoon Sir John Parrot one of the Committees in the Bill touching Hue and Cry brought in the Bill again with report that the Committees have met and conferred upon the same Bill and finding good Laws in force already touching that matter are of opinion that in respect also partly of the shortness of this Parliament likely to ensue the said Bill may be reserved to be further considered of in another Session Thomas Drurie Gent. being brought to the Bar was charged by M r Speaker in the name of this whole House with great and deep offences committed by him against the whole State of this House in general in having untruly reported and given out both to some of the Lords in the Upper House and also to divers others Persons elsewhere that he could have no justice in this House nor could himself be heard nor have his Witnesses in his Cause heard neither in the House nor before the Committees and also against divers Members of this House in particular in offering unto some of them great threats and to some others of them great sums of Money to speak in this House for him and not against him and likewise in using of hard Speeches both to some of them and of some of them to the great discredit wrong and prejudice both of the whole State of this said House in general and also of divers Members of the same in particular for that in very deed he had been heard at large both in this House and also before the Committees and for that likewise sundry of his misbehaviours towards divers Members of this House were directly proved in this House against him to the full satisfaction of this House in the same And so was required by M r Speaker to answer therein for himself Whereupon the said Thomas Drurie in very humble sort and good terms sought to excuse himself not directly acknowledging any the said offences but humbly craving pardon of this House if he had committed any such And then being sequestred the House till his said pretended Speeches of excuse and conditional form of craving pardon were considered of it was by divers of the Members of this House grieved
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
Ecclesiae tangentibus Your Highness Wisdom and exceeding Judgment withal careful Providence needed not your Councils But yet so urgent Causes there were of this Parliament so important Considerations as that we may say for that we cannot judge never Parliament was so needful as now nor any so Honourable as this If I may be bold to say it I must presume to say that which hath been often said but what is well said cannot be too often spoken this sweet Council of ours I would compare to that sweet Commonwealth of the little Bees Sic enim parvis componere magna solebam The little Bees have but one Governour whom they all serve he is their King quia later a habet latiora he is placed in the midst of their habitations ut in tutissima turri They forrage abroad sucking Honey from ever Flower to bring to their King Ignavnm fuces pccus à praesepibus arcent The drones they drive away out of their Hives non habentes aculeos And who so assails their King in him immittunt aculeos tamen Rex ipse est sine Aculeo Your Majesty is that Princely Governour and Noble Queen whom we all serve being protected under the shadow of your Wings we live and wish you may ever sit upon your Throne over us And whosoever shall not say Amen for them we pray ut convertantur ne percant ut consundantur ne noccant Under your happy government we live upon Honey we suck upon every sweet Flower But where the Bee sucketh Honey there also the Spider draweth Poyson Some such venoms there be But such Drones and Door Bees we will expel the Hive and serve your Majesty and withstand any enemy that shall assault you Our Lands our Goods our Lives are prostrate at your feet to be commanded Yea and thanked be God and Honour be to your Majesty for it such is the power and force of your Subjects that of their own strength they are able to encounter your greatest enemies And though we be such yet have we a Prince that is sine Aculeo so full of that Clemency is your Majesty I fear I have been too long and therefore to come now to your Laws The Laws we have conferred upon this Sessions of so Honourable a Parliament are of two natures the one such as have life but are ready to die except your Majesty breathe life into them again the other are Laws that never had life but being void of life do come to your Majesty to seek Life The first sort are those Laws that had continuances until this Parliament and are now to receive new Life or are to die for ever The other that I term capable of life are those which are newly made but have no essence until your Majesty giveth them life Two Laws there are but I must give the Honour where it is due for they come from the Noble wise Lords of the Upper House the most Honourable and beneficial Laws that could be desired the one a confirmation of all Letters Patents from your Majesties most Noble Father of all Ecclesiastical Livings which that King of most renowned memory your Father took from those Superstitious Monasteries and Priories and translated them to the erecting and setting up of many Foundations of Cathedral Churches and Colledges greatly furthering the maintenance of Learning and true Religion The other Law to suppress the obstinate Recusant and the dangerous Sectary both very pernitious to your Government Lastly Your loving and obedient Subjects the Commons of the Lower House humbly and with all dutiful thanks stand bound unto your gracious goodness for your general and large Pardon granted unto them wherein many great offences are pardoned But it extendeth only to offences done before the Parliament I have many ways since the beginning of this Parliament by ignorance and insufficiency to perform that which I should have done offended your Majesty I most humbly crave to be partaker of your Majesties most gracious Pardon The Lord Keeper received Instructions from the Queen and afterwards replied unto the Speaker The former part of this Speech was an Answer almost verbatim to the Speakers Oration very excellently and exactly done And those things which follow are to this or the like purpose viz. That her Majesty did most graciously accept of these Services and Devotions of this Parliament commending them that they had imployed the time so well and spent it in so necessary affairs save only that in some things they had spent more time than needed But she perceived that some men did it more for their satisfaction than the necessity of the thing deserved She misliketh also that such irreverence was shewed towards Privy Councellors who were not to be accounted as common Knights and Burgesses of the House that are Councellors but during the Parliament whereas the other are standing Councellors and for their wisdom and great service are called to the Council of the State That the Queens Majesty had heard that some men in the Cause of great necessity and grant of Aid had seemed to regard their Country and made their necessity more than it was forgetting the urgent necessity of the time and dangers that were now imminent That her Majesty would not have the people seared with a report of great dangers but rather to be encouraged with boldness against the Enemies of the State And that therefore she straitly charged and commanded that the Mustered Companies in every Shire should be supplied if they were decayed And that their Provisions of Armor and Munition should be better than heretofore it hath been used That for this offer of three Subsidies her Majesty most graciously in all kindness thanketh her Subjects But except it were freely and willingly given she did not accept of it for her Majesty never accepteth any thing that is not freely given That if the Coffers of her Majesties Treasures were not empty or if the Revenues of the Crown and other Princely Ornaments could suffice to supply her wants and the Charges of the Realm in the word of a Prince she doth pronounce it she would not have charged her Subjects nor have accepted of this they give her The Lord Keeper's Speech being ended after some time of Intermission the Queen being set in her Chair of State used a Princely Speech unto the House of which the greatest part was to the effect and purpose following viz. THis Kingdom hath had many Wise Noble and Victorious Princes I will not compare with any of them in Wisdom Fortitude and other Vertues but saving the Duty of a Child that is not to compare with his Father in Love Care Sincerity and Justice I will compare with any Prince that ever you had or shall have It may be thought simplicity in me that all this time of my Reign I have not sought to advance my Territories and enlarge my Dominions for opportunity hath served me to do it I acknowledge that my Womanhood and weakness in that respect But
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
the said House is inserted out of it in manner and form following viz. Sir Robert Cecill one of the Committees appointed by this House for Conference with the Committees of the Lords shewed that he and the residue of the Committees of this House did yesterday in the Afternoon repair unto the said Committees of the Lords at the place appointed where the Lord Treasurer of England in the name of the residue of the said Committees of the Lords shewed unto the Committees of this House the great and present need of provision of Treasure to be imployed for the defence of the Realm against the Invasion of the great and mighty Enemies unto this Realm and State and shewing further that the double Subsidy and Fifteenths and Tenths lastly granted unto her Majesty amounting but unto two hundred and fourscore thousand pounds her Majesty hath nevertheless in these defensive Wars expended of her own Treasure alone ten hundred and thirty thousand pounds since the time of the granting of the said double Subsidy and of the said Fifteenths and Tenths And that therefore their Lordships weighing the great present necessity of greater and more speedy supply of Treasure to be had than two intire Subsidies and four Fifteenths do negatively affirm That their Lordships will not give in any wise their assents to pass any Act in their House of less than three intire Subsidies to be paid in the three next years at two payments in every of the same years the first to begin soon after the next Easter and the second soon after the next Michaelmas and so yearly after Easter and Michaelmas during the said three years And that to what proportion of benevolence or unto how much their Lordships would give their assents in that behalf they would not as then shew unto the said Committees of this House But insisting for Conference again to be had he further urged that this House might be moved to yield a greater supply To which end he alledged that the usual late Subsidies were very small and were also imposed for the most part upon the meaner sort of her Majesties Subjects declaring that he knew one Shire of this Realm wherein there were many men of good living and countenance but none of them in the said last Subsidies assessed at above four-score pound Lands per Annum And that in the City of London also where the greatest part of the riches of the Realm are there was no one assessed at above two hundred pound goods a man and that not yet past above four or five such Which Speech in effect being ended and in far better sort delivered than he had reported it he in Conclusion referred the further consideration thereof to the gravity of the House Nota That that which follows touching the Conclusion of this Forenoons business as also touching the agitation of the aforesaid great matters of the danger of the Realm and of a proportionable supply to be given which ensued in the House at the Committee in the Afternoon are either very imperfectly set down or wholly omitted in the Original Journal-Book it self and are therefore supplied out of the said Anonymous Journal more particularly mentioned at the beginning of this present Journal M r Francis Bacon as soon as Sir Robert Cecill had made an end of the former report of the business handled at the said Committee of which himself also had been one spake next and yielded to the Subsidy but misliked that this House should join with the Upper House in the granting of it For the Custom and Priviledge of this House hath always been first to make offer of the Subsidies from hence then to the Upper House except it were that they present a Bill unto this House with desire of our assent thereto and then to send it up again And reason it is that we should stand upon our priviledge seeing the burthen resteth upon us as the greatest number nor is it reason the thanks should be theirs And in joining with them in this Motion we shall derogate from ours for the thanks will be theirs and the blame ours they being the first movers Wherefore I wish that in this Action we should proceed as heretofore we have done apart by our selves and not join with their Lordships And to satisfie them who expect an Answer from us to Morrow some Answer would be made in some obsequious and dutiful manner And out of his Bosom he drew an Answer framed by himself to this effect That they had considered of their Lordships Motion and thought upon it as was fit and in all willingness would address themselves to do as so great a Cause deserved To join with them he said he could not but with prejudice to the priviledge of the said House Wherefore he desired as they were wont so that now they might proceed here in by themselves a part from their Lordships and that they might do it without discontent To this purpose he cited a precedent in H. 8. time where four of the Lords came down into the House of Commons and informed them what necessity there was of a Subsidy And that thereupon the House took it to consideration a part by themselves and at large granted it By which it should seem that he did infer that the Lords might indeed give notice unto the said House of Commons what need or danger there was but ought not to prescribe them what to give as at the meeting of the former Committee the Lord Treasurer had done Whereupon the House well approving the said M r Bacon's Opinion it was upon the Question Ordered That the former Committees of this House in the same Cause whose names see on Thursday the first day of this instant March foregoing should meet here in this House at two of the Clock in the Afternoon of this present day for framing of an Answer of this House to be made unto the said Motion of the said Committees of the Lords and to make Report to Morrow in the Morning to this House of such their Answer so to be framed to the end the same being agreed on and allowed by this whole House may presently thereupon be signified unto the said Committee of the said Lords accordingly for that the said Committees of this House did yesterday shew unto their Lordships that their Lordships should then receive an Answer of this House unto their Lordships said Motion In the Afternoon of this present Friday aforesaid the Committees met in the House according as it had been Ordered in the Forenoon by the said House and spent all the time in many good Discourses and Disputations for the Subsidy But a great part thereof was spent in arguing what the matter was which was referred unto them by the House whether a Subsidy should be yielded and that signified for an Answer from them to the Lords Or whether the Committees were only to consider of an Answer according to M r Bacons Motion That this House would alone by
the same would be much prejudicial to the Ancient Liberties and Priviledges of this House and to the Authority of the same M r Beale likewise shewing himself to be of the same mind with M r Wroth and insisting upon the preservation and maintenance of the former usual and ancient Liberties and Priviledges of this House in treating of Subsidies Contributions and other like benevolences amongst themselves without any Conference therein at all had or used with the Lords of the Higher House doth give an instance of a former precedent in the like Case and offered to shew forth the same precedent to this House which being omitted in the Original Journal-Book it self is here inserted out of the aforesaid Anonymous Journal more particularly mentioned at the beginning of this present Journal and was as followeth In Anno nono H. 4. the two Houses being divided about the Subsidy and the Higher House desiring a greater Subsidy than was granted by the Lower House hereupon twelve that were sent as Committees to the Lords came down and informed what was desired by the Upper House namely a greater Subsidy and to that end Conference to be had with them of the House of Commons The Commons thought themselves grieved therewith and so returned their Answer that they would consider what was meet to be done in so general a matter but thought the Conference a Derogation to the priviledge of the House Hereupon the King Answered that he could not neither was it fit to violate the priviledge of his Commons but in all things thought it just to prefer them Which said precedent being thus inserted out of the Anonymous Journal the rest that followeth is continued out of the Original Journal-Book it self taken in the House and committed to writing by M r Fulk Ouslow at this time Clerk of the House of Commons For it should seem the Speaker and the greater part of the House very well approving and being satisfied fully with the aforesaid precedent cited by M r Beale yet those of her Majesties Privy Council and the Courtiers also at this time of the House were still earnest for admitting of a Conference with the Lords And thereupon Sir Robert Cecill spake again and did put the House in remembrance of the great and urgent necessity for the speedy prevention and avoiding of the great and eminent perils and dangers of this Realm and State to be effected both by Consultation and also by provision of Treasure and thinketh good that Conference of this House were had with the Lords as a matter very behoofful Especially for that their Lordships some of them being of her Majesties Privy-Council do know both the purposes and strength of the Enemies on the one side and also her Majesties present store of Treasure more or less on the other side much better than those of this House do Resolveth for his own Opinion still to give his consent that Conference be had therein with the Lords by the Committees of this House according to their Lordships said former Motion and request for the same Sir William Brunker stood up and reciting the said great present necessity of consultation and provision and that it cannot be otherwise but that the proportion of convenient supply of Treasure answerable to the greatness of the dangers which are imminent must needs require a greater Mass of Treasure to be had than hath been as yet treated of in any resolution by this House And then the Question being urged and by the Order of the House propounded whether Conference should be had with the Lords upon the Motion of the Committees of the Lords to the Committees of this House in this Case or no it was upon the doubtfulness of the Voices twice given upon the Question thereof twice propounded resolved upon the division of the House That no such Conference should be had with the said Committees of the Lords by the said Committees of this House for the number of them which were for the said Conference and said I went out of the said House and were found to be in number but a hundred twenty eight whereas those that were against the said Conference and said No sate still in the House being in number two hundred and seventeen So that the matter was over-ruled by eighty nine Voices with which the Order and Judgment of the whole House went thereupon accordingly M r Serjeant Fleetwood and M r Doctor Ford do bring from the Lords a Bill Intituled an Act for the better assurance and confirmation of the Jointure of the Lady Margaret Countess of Cumberland After the delivery of this Bill thus sent from the Lords the House proceeded in the further agitation of the foregoing great business which by the bringing down of the last mentioned Bill from their Lordships had been a while interrupted For it having been already over-ruled by the House that there should be no Conference admitted with the Lords touching the matter of the Subsidy which their Lordships had desired it was therefore Ordered upon a Motion made in the House that some Answer might presently be sent from thence to their Lordships to satisfie them touching their said Motion for Conference for that in respect the said Conference had been already denied and had been voted to be prejudicial to the Liberties of the House by the Judgment of the same that a convenient number of this House should be appointed presently in the name of this whole House to give unto their Lordships most humble and dutiful thanks with all due reverence for their said Lordships good favourable and courteous offer of Conference with this House in the said Cause and to signify unto their Lordships that this House cannot in those Cases of Benevolence or Contribution join in Conference with their Lordships without prejudice to the Liberties and Priviledges of this House and of the infringing of the same and therefore do in most humble wise request and desire their good Lordships to hold the Members of this House excused in their not assenting unto their Lordships said Motion for Conference for that so to have assented without a Bill had been contrary to the Liberties and Priviledges of this House and contrary also to the former precedents of the same House in like Case had Which done all the former Committees of this House were presently appointed to declare the said Answer of this House unto their Lordships and M r Chancellor of the Exchequer appointed to declare the same And for this purpose were nominated and chosen All the Privy-Council now in this House being four Sir Henry Unton M r Wroth M r Beale Sir William Brunker Sir Walter Raleigh Sir Charles Cavendish Sir Edward Hobby Sir Thomas Cecill Sir George Carey Sir Robert Sidney Sir Thomas West M r Anthony Cooke M r Tasborough Sir William Moore M r George Moore M r Serjeant Yelverton Sir Francis Drake Sir Francis Hastings Sir William Knowles Sir Fulk Griffin M r William Haward Sir Charles Blunt Sir
Sir Henry Upton spake in defence of the former proceedings of the House and shewed how it had proceeded first agreeing to a double Subsidy and four Fifteenths this being offered and the Lords thinking it seemed little and considering the present necessity the lack of payment of Subsidies and the true rating of Subsidies over that they were wont to be they desired a Conference with the Lower House giving reasons of great Importance for a greater aid and they gave us a taste of what was needful as three Subsidies at the least and upon those great Causes desired a Conference the next day This being delivered unto the House by one of the Committees sent to the Lords the House upon Consideration thought it not to stand with their Priviledge to confer with their Lordships in matter of Subsidies because it was the liberty of the House to make Offer themselves to her Majestv And in regard it stood not with the Priviledge of this House to confer with the Lords hereupon they advise upon an Answer to be made unto the Lords wherein they should give them thanks that they had vouchsafed to confer with them of this House but shewed that with the Priviledge of the House they could not have Conference with them in matter of Subsidy Further he thought the House much injured that they should be reported to be against the Subsidy and the Parties injured who speaking the last day against the Subsidy their names were given up and were noted for it to the Queen And now my Motion is that we must confer with the Lords upon the Subsidy but not in any fort to be conformed therein unto them And for that occasion past he desired that M r Speaker might be sent and report the truth of the whole matter and manner of our proceedings Sir Robert Cecill spake next and said I desire now I may be somewhat long because I must include an Answer to three Speeches Those two Honourable Persons that sit above the one of them declared the true state of the Question the other what was fit we should do But my Answer shall tend only to those Tales that followed The first was a kind of satisfaction for a former mistaking but in the same satisfaction a new mistaking was also which was by way of information casting it into the House that the Queen should seem to demand three Subsidies Now the Queen never demanded three nor one So there is a new mistaking added to the former satisfaction The second Mans Motion thus far I allow That the Counsel of this House be secretly kept and that nothing be reported in malam partem But if his meaning be that we may not impart any thing that is done here unto the Queen but that all things must be secret from her I am altogether against it This only I should desire what ought to be observed That nothing ought to be reported unto her in malam partem The third Mans Motion consisted of three points The first was News the second was History and the third and last a Motion His News was that Mens names were given up to the Queen This was News For I heard it not before The History was a large Report of the Progress of this matter His Motion was that we should confer with the Lords about a Subsidy with them but not conclude a Subsidy with them His matter seems contrary to his meaning or else is more than ever was meant for it was never desired of us by the Lords that we should confer with them about a Subsidy Sir Walter Raleigh spake next and moved that seeing the division of the House the last day grew as he conceived upon the mistaking of the question and that since some had reported unto him that had the question been propounded whether they should only yield to a Conference in general with the Lords they would not have been against it and therefore he desired M r Speaker to put it to the Question whether they should confer with the Lords generally or not without naming a Subsidy This Motion being well liked Sir Walter Raleigh was desired by the House to repeat it again that so it might be the better heard of them all And thereupon he said that touching the aforesaid question which had received a No upon Saturday last foregoing he would not make it a Question again for by the Order of the House he could not but propounded this for a new Question in these or the like words Whether the House would be pleased to have general Conference with the Lords touching the great imminent dangers of the Realm and State and the present necessary supply of Treasure to be provided speedily for the same according to the proportion of the necessity Which said Question being propounded unto the House it was assented unto accordingly by them all without any negative Voice And thereupon the former Committees appointed for Conference with their Lordships whose names see before on Thursday the first day of this Instant March were presently sent up from this House unto their Lordships to signify the resolution of this House in yielding to the said general Conference with their Lordships according to their former desire And that Sir Thomas Heneage her Majesties Vice-Chamberlain should make report thereof from this House unto their said Lordships Thus far out of the aforesaid Anonymous Journal that which followeth is inserted out of the Original Journal-Book it self Upon a Motion made by M r Serjeant Harris for the Order of this House for setting at liberty of John Legg Servant to the Earl of Northumberland who was found sitting in this House upon Saturday last and is no Member of the same and was thereupon committed to the Serjeants Ward till further Order should be taken with him by this House the Serjeant of this House is appointed to have the said John Legg here to Morrow Morning The Bill touching the true assizing of Bread had the second reading and was committed to the former Committees in the Bill concerning salted Fish and salted Herrings appointed in the beginning of this present day and to meet at the same time and place as for the said Bill touching salted Fish and salted Herrings is appointed And the Bill was delivered to M r Wroth one of the said Committees The Bill for Naturalizing of Samuel Saltingstall and others born beyond the Seas was upon the second reading committed to M r Treasurer Sir Thomas West M r Recorder of London Sir Henry Knivet and others and the Bill was delivered to Sir Thomas West who with the rest was appointed to meet upon Wednesday next at two of the Clock in the Afternoon in the Exchequer Chamber M r Vice-Chamberlain and the residue of the Committees making their return from the Lords he shewed their Lordships ready good will in accepting the offer of Conference of this House with their Lordships And their Lordships have appointed for that purpose a Committee of two and twenty of
the thing we fear for if the thing be otherwise and our necessity greater the former doings are no Rules to us And so Precedents as they are not to be rejected so they ought not to be Eternal For the poverty of our Country we have no reason to think it poor our sumptuousess in Apparel in Plate and in all things argueth our riches And our dearth of every thing amongst us sheweth plenty of Money But it is said our Countries are poor and we must respect them that sent us hither Why so we must also remember who sent for us hither This Cause is hard for there is necessity against necessity danger against danger and inward discontent against outward Forces The poor are grieved by being overcharged this must be helped by increasing our own Burthen for otherwise the weak feet will complain of too heavy a body that is to be feared If the feet knew their strength as we know their oppression they would not bear as they do But to answer them it sufficeth that the time requireth it And in a Prince power will command To satisfy them they cannot think we overcharge them when we charge our selves with them and above them But if nothing will satisfy them our doings are sufficient to bind them If the multitudes of Parliaments be remembred heretofore many Subsidies now in one Parliament cannot seem burthensome The more Laws we make the less liberty we have to our selves And now one word for my self if my Speech hath offended excuse me I will not often trouble you hereafter M r Speaker said I do not desire to be thought arrogant for the thing which I will speak shall be out of duty belonging to my place Because I see many Speeches grow upon mistaking and one Speech mistaken to cause another mistaking sic undam gignere undam and so a great deal of time lost in words hereafter I will be bold if any man mistake in the point of a Bill to tell him of it before his Speech proceed for this Question of conferring with the Lords has taken up so much time only by mistaking for 't is granted by the House to have a General Conference They that should confer had need be authorized and instructed what to confer upon for he that hath but delegatam Potestatem will think nothing Promissum that is not Commissum and 't is certain non utile est ubi nulla est curatio morbi Therefore understand what is needful to confer upon The question upon the Return of the Burgess of Southwark and for mending a Return in an Indenture were referred unto M r Speaker to inform the Lord Keeper thereof No Return can be amended in this House For the Writ and Return are in Chancery and must be amended there And in the Chancery this is the Rule if the Sirname or the proper name of a party be mistaken in the Return the Lord Keeper will not amend it for such tender consideration is had of the free Election by the Corporations as no Information shall be credited against the Return but the Lord Keeper will first make out a Writ reciting the mistaking in the former Return and then they by the same Writ shall have Authority to make a new Election Thus far out of the aforesaid Anonymous Journal On Wednesday the 7 th day of March Sir Edward Hobby moving the Cause of M r Fitzherbert his bringing up unto this House by a Writ of Habeas Corpus cum Causa from the Lord Keeper showeth That he hath moved the Lord Keeper touching the said Writ and that his Lordship thinketh best in regard of the Ancient Liberties and Priviledges of this House that a Serjeant at Armes be sent by Order of this House for the said M r Fitzherbert at his own Charge by reason whereof he may be brought hither to this House without peril of further being Arrested by the way and the state of this Cause to be considered of and examined when he shall be come hither Which was thereupon well liked and allowed by this House Three Bills had each of them one reading of which the second concerning the lawful deprivation of Edward Bonner late Bishop of London was read the second time John Legg Prisoner at the Bar Servant to the Earl of Northumberland as he saith after a good Exhortation given him by M r Speaker and the Oath of Supremacy pronounced by him at the Bar is upon his humble Submission and craving of Pardon set at liberty of his Imprisonment by the Order of this House paying his Fees Vide on Saturday March the third foregoing The Bill for Confirmation of the Jointure of the Lady Margaret Countess of Cumberland had its third reading and thereupon it was moved by some that it might now pass the House and be sent up also to their Lordships but others took Exceptions thereat because the Bill had not been as yet spoken unto Whereupon because it could not now be committed after the third reading it was by the Order of the House agreed that it should be spoken unto to Morrow and afterwards pass the House or be dashed as the Case it self should require The Bill for Naturalizing of William Sidney and Peregrine Wingfield was sent up to the Lords by M r Treasurer and others M r Serjeant Snagg and M r Serjeant Fleetwood do bring the Lords two Bills the one Intituled an Act against Counterfeiting of Councellors or principal Officers hands and the other Intituled an Act to confirm the sale of the Lands of M r Raven Gentleman made unto Lisse Cave Thomas Andrewes and Edward Hisserigg Esquires towards the payment of a Debt due unto her Majesty M r Vice-Chamberlain shewed that he and the rest of the Committees for Conference with the Lords did attend their Lordships yesterday in the Afternoon at the time and place appointed according to the Commission of this House and having there received from their Lordships further Advertizement of the imminent great dangers of this Realm and State more than their Lordships had imparted unto them in the last former Conference of this House with their said Lordships before they did thereupon move their Lordships for their good favour in giving time to this House to consult upon the said dangers and the remedies for the same until to Morrow in the Afternoon Their Lordships thereupon were so pleased to do albeit they rather desired the same might have been done sooner And so reciting at large the particularities of the said Advertizement and whereof some happened since the last former Conference Moved this House to grow to some resolution of matter to be prepared ready to be offered unto their Lordships to Morrow in the Afternoon according unto the promise of himself and the residue of the said Committees of this House unto their Lordships yesterday It was in the end after sundry Speeches of divers grave Members of this House tending to divers forms of provision of Treasure some by way of
Puckering deceasing in A. D. 1596. the Custody of the Great Seal was committed unto Sir Tho. Egerton then her Majesties Attorney General who at this present and many years after supplied that place Neither finally doth this ensuing Journal want either matter of rarity in respect of the Lord La Ware 's right setling in his former place which had been for a while discontinued or matter of very good Precedent in respect of some Questions that arose betwixt the two Houses touching the manner and form of the Lord Keeper's delivering the Answer of the Lords to such Members of the House of Commons as should at any time be sent up unto their Lordships with any Message or Bill Before the particular Relation of each days passages in this present Parliament be inserted out of the Original Journal-Book of the Upper House the extraordinary and unusual Proxies entred also at the beginning thereof which had been returned and delivered in unto the Clerk of the said House during the continuance of the same are here in the next place to be transcribed and set down all of them together and cannot be so orderly digested and referred to each day on which they were returned as formerly they have been For whereas before this Parliament Henry Spilman and Anthony Mason Esquires who had been successively Clerks of the said Upper House did usually enter the said Proxies at the beginning of each Journal upon the days on which they were introducted or returned Now Thomas Smith Esquire succeeding the said Anthony Mason did only generally enter them at the beginning of this present Journal as had been formerly accustomed without any distinct setting down the several days on which they had been introducted delivered unto him Which course having been also since followed unto this present year 1629. the said Proxies can be no more referred to their proper days but must be once for all generally set down in this present Journal and in divers others ensuing before the beginning of the said Journal in manner and form following Literae procuratoriae in hoc Parliamento sunt allatae Archiepiscopi Eboracen ' Matthaei c. qui Procuratores suos constituit Johannem Archiepiscopum Cantuarien ' Richardum Episcopum London ' Tobiam Episcopum Dunelmen ' Richardum Episcopum Cestren ' conjunctim divisim Nota That whereas there is an c. after the word Matthaei in the Proxy foregoing it seemeth that these words are left out viz. absentis ex licentia Dominae Reginae and so if nothing had been omitted the said Proxy as may very probably be conjectured should have been thus inserted Archiepiscopi Eboracen ' Matthaei absentis ex licentia Dominae Reginae qui Procuratores c. as is before set down Nota also That these Proxies are all entred in the Genitive Case and must therefore be severally referred to those foregoing words viz. Literae Procuratoriae in hoc Parliamento sunt allatae Tobiae Episcopi Dunelmen ' qui Procuratores suos constituit Richardum Episcopum London ' Johannem Episcopum Wintonien ' Herbertum Episcopum Hereforden ' conjunctim divisim Johannis Episcopi Carliolen ' qui Procuratorem suum constituit Johannem Archiepiscopum Cantuarien ' Willielmi Episcopi Asaphen ' qui Procuratores suos constituit Johannem Archiepiscopum Cantuarien ' Richardum Episcopum London ' Johannem Episcopum Bathon ' Wellen ' conjunctim divisim Willielmi Episcopi Lincoln ' qui Procuratorem suum constituit Johannem Archiepiscopum Cantuarien ' Herberti Episcopi Hereforden ' qui suos Procuratores constituit Episcopos Roffen ' Coventr ' Litchfield ' Norwicen ' Antonii Episcopi Meneven ' qui Procuratores suos constituit Episcopos Wigorn ' Bathon ' Wellen ' Norwicen ' Note that the Bishops Proxies are set before the Proxies of the Temporal Lords not because as I suppose they were all returned first but because of their Ecclesiastical Dignity and in respect that the Archbishop of Canterbury one of their Order is the first Peer of the Realm Whence also their names are usually first set down in the Journal-Book where the presence of the Lords is noted each day when they sit as long as the Parliament continueth There were also nine Temporal Lords which this Parliament sent their Proxies but in respect that according to the common use each of them constituted but one Proctor apiece they are omitted as not worthy the observation Only the last of them being the Lord Willoughbies Proxy of Eresby I thought good to have inserted because some exotick Titles are given him it it viz. Peregrini Domini Willoughby Beake Eresby qui suum Procuratorem constituit Edwardum Dominum Zouch Nota That all the foregoing Proxies which were sent from the Bishops were extraordinary or unusual Proxies in which a Spiritual Lord did constitute but one Proctor or more than two whereas usually the Bishops do constitute two Proctors apiece and the Temporal Lords but one And now the aforesaid Proxies being thus inserted the particular relation of some Passages of each day during the continuance of this Parliament are in the next place transcribed out of the Original Journal-Book of the Upper House and some part also now at the very beginning out of a certain fragmentary and imperfect Journal of the House of Commons taken at this Parliament by a Member of the same On Monday the 24 th day of October the Parliament began and her Majesty with the greatest part of the Nobility and others in great state and comely manner came from her Palace of Whitehall towards Westminster Church about one of the Clock in the Afternoon riding in a Chariot open all covered over head Canopy-wise with Cloth of Tissue or Cloth of Silver Where after she had heard a Sermon she went on foot to the Parliament House The Lords Spiritual and Temporal present this day in the Upper House with her Majesty are set down in the Journal-Book to be these Johannes Archiepiscopus Cantuarien ' Thomas Egerton Miles Dominus Custos magni Sigilli Dominus Burleigh Dominus Thesaurarius Angliae Marchio Winton ' Comites Comes Sussex Magnus Marescallus Comes Nottingham Magnus Senescallus Comes Northumbr ' Comes Salop ' Comes Kantiae Comes Wigorn ' Comes Cumberland Comes Bedford Comes Hartford Comes Lincolniae Vice-Comes Bindon Episcopi Episcopus London ' Episcopus Winton ' Episcopus Roffen ' Episcopus Covent ' Litchf Episcopus Gloucestren ' Episcopus Peterburgen ' Episcopus Hereford Episcopus Wigorn ' Episcopus Bathon ' Wellen ' Episcopus Meneven ' Episcopus Norwicen ' Episcopus Lincoln ' Episcopus Landaven ' Episcopus Cestren ' Episcopus Cicestren ' Barones Dominus Hunsdon Camerar ' Dominus Zouch Dominus Berkley Dominus Morley Dominus Cobham Dominus Stafford Dominus Scroope Dominus Dudley Dominus Lumley Dominus Darcy de Menell Dominus Sands Dominus Windsor Dominus Cromwell Dominus Wharton Dominus Rich. Dominus Willoughby de Parham Dominus Sheffield Dominus
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
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
Henry the Third King John King Stephen c. which was the occasion of their Hemming M r Monntague of the Middle-Temple said that there were no such Precedents and if all Preambles of Subsidies were looked upon he should find it were of Free Gift And although her Majesty requireth this at our hands yet it is in us to give not in her to exact of Duty And for the Precedents there be none such but touching a tenth Fleece of Wooll and a tenth Sheaf of Corn that was granted to Edward the Third at his going to the Conquest of France because all the Money then in the Land to be levyed by way of Subsidy would not be any way answerable to raise that great Mass he desired And so having these Tenths he sold them to private men to gain that Subsidy and so raised Money to himself for his Enterprize Thus far out of the said private Journal the residue of this dayes Passages that follow and those also of the day ensuing are transcribed out of the Original Journal-Book it self of the same House The Queens Learned Councel and all the Serjeants at Law being Members of the House after the foregoing long dispute touching the Subsidy and the conclusion thereof are appointed by the House to draw into the form of a Bill the Articles agreed upon by the Committees for the Subsidy and also the days of payment agreed upon by the said House this present day and Ordered to meet at their Pleasures as often as they shall think sit from day to day and from time to time Vide plus de ista materia December 5. Saturday postea On Tuesday the 10 th day of November Five Bills had each of them one reading of which the last being the Bill against blasphemous Swearing was read the second time and committed unto Sir Francis Hastings Sir Robert Wroth Sir George Moor Sir Thomas Leighton and others who were appointed to meet upon Saturday next in the Middle-Temple Hall at two of the Clock in the Afternoon The Bill for uniting and consolidation of certain small Churches in the City of Exeter was read the second time and committed unto Sir Walter Raleigh Sir Francis Darcie M r Sollicitor M r Serjeant Heyle M r Secretary Harris all the Doctors of the Civil Law and others who were appointed to meet upon Monday next at two of the Clock in the Afternoon in the Middle-Temple Hall Robinson Citizen of London was brought to the Bar by the Serjeant and charged by M r Speaker in the name of this House with his offence in procuring to be Arrested one Wooddall Servant Attendant upon William Cooke Esq a Member of this House to the great contempt indignity and prejudice of this whole House And the Members thereof being asked what he could say for himself for his defence answered that he was heartily sorry for that he had given any cause of offence unto this House most humbly craving Pardon for the same And most confidently protested and affirmed that he knew not nor ever heard before the said Arrest made that the said Wooddall was Servant or belonging to any Member of this House but had delivered the Warrant by which he was Arrested unto the Officer long before the Parliament began Whereupon after some Speeches had therein he was by the Order of this House discharged paying his Fees to the Serjeant and Clerk Two Bills also had each of them one reading of which the second being the Bill for the benefit of Merchants and advancement of her Majesties Customs and Subsidies both Inwards and Outwards was upon the second reading committed unto all the Privy-Council and Learned Councel being Members of this House the Knights and Citizens of London Sir Walter Raleigh and others And the Bill was delivered to M r Secretary Herbert who with the rest was appointed to meet upon Thursday next in the Exchequer Chamber at two of the Clock in the Afternoon and all her Majesties Customers and Officers appertaining to the Custom-House and other Merchants to have warning to be then and there present to attend the Committees On Wednesday the 9 th day of November M r Snigg made Report of the meeting of the Committees and of their travel in two Bills viz. That the Plaintiff in Writs of Error shall give good Bail brought in with some Amendments and Alterations and the other against fraudulent Administration of Intestates goods without any Amendments And so delivereth them in and prayeth the reading The Amendments in the Bill that the Plaintiffs in Writs of Error shall give good Bail were twice read And also the Bill against Intestates Goods were Ordered to be ingrossed Three Bills had each of them one reading of which the last being the Bill for the Inhabitants of Rachdale in the County of Lancaster was read the second time and committed unto M r Francis Moore M r Holcroft the Knights for Lancaster M r Hancock M r Beeston and others who were appointed to meet upon Wednesday next in the Middle Temple Hall at two of the Clock in the Afternoon Three Bills had each of them one reading of which the last being the Bill for abbreviation of Michaelmas Term was read the second time and upon the question whether it should be committed or no the Knights and Citizens of London were against it And therefore upon the nominating of the Committees it was doubted and questioned whether they could be admitted into the said Committee or no. Which dispute because it is omitted in the Original Journal-Book of the House of Commons is therefore supplied out of that often before-cited private Journal of the same House Sir Edward Hobbie spake first and said that it was against the Order of the House to admit the Knights and Citizens of London to be of the Committee because they had given their Voice already against the body of the Bill M r Secretary Cecill said I am willing to speak in two respects the one touching the Bill it self the other touching the Controversie in the House about the Commitment Touching the Bill I dare not upon my own Judgment be so venturous or bold to reject this Bill unless first it might have a Commitment For the wisdom of that time when it was first instituted was so apt to look into imperfections that doubtless if an inconvenience had been but espied they would streight have avoided it Therefore in my opinion it is not fit for us to look into the Actions of former Ages but upon mature and advised deliberation I do therefore greatly commend the Wisdom of this House in Committing this Bill and others of the like nature before we reject them For the other part though it be a Rule in the House that those against the Bill should be no Committees yet in a case of so great consequence and so greatly touching the State of the City of London there is no reason but that they may have their particular Voices as Committees as well as every
Member of this House neither have we reason to exclude them more than any other especially they being chosen for the most principal City of this Kingdom which is the Chamber of her Majesty whom we should the rather respect for her Majesties sake who doth and will remember their Loyalty and Faithfulness shewed unto her in the late dangerous Action viz. the Earl of Essex's rising for which if ever Prince had Cause of thankfulness unto her Subjects doubtless her Majesty is to confess as much In my opinion therefore we should do great wrong and purchase great blame at their hands that sent them hither in Trust if in a matter of this consequence and so particularly touching the State of this City we should not admit them Committees M r Wiseman said that by committing of a Bill the House allowed of the body thereof though they disallowed of some imperfections in the same and therefore committed it to some chosen men of Trust to reform or amend any thing therein which they found imperfect And it is to be presumed that he that will give his No to the Committing of a Bill will be wholly against the Bill And therefore the House allowing of this Bill to be committed are in my opinion to disallow any that will be against the body of the Bill for being Committees M r Comptroller said he was of opinion for the reason before alledged that they ought to be Committees but he moved another question Whether a Committee speaking against the Bill at the Commitment may also speak at the ingrossing thereof in the House and have his free Voice Sir Edward Hobbie said that may be resolved upon by many Precedents And for mine own opinion I think that he that is against the body of the Bill can be no Committee And he that being a Committee speaketh against the Bill may also speak hereafter in the House Mr. Fulk Grcvil said That a Committee was an artificial body framed out of us who are the general body And therefore that which is spoken at the Committees evanescit it is gone when the body which is the Commitment is dissolved and then every particular Committee is no more a part of the artificial body but of us the general body when he hath his free voice as though he had never spoken before Then Mr. Speaker stood up and said I will propound two questions The first if when a man hath spoken against the body of the Bill he may be a Committee The second whether any Member of this house after having been a Committee in any Bill may afterwards speak in the Negative part against the said Bill Now quoth he I will propound the first question All they that will have a Man that hath been against the body of the Bill to be a Committee let them shew their opinions by saying Yea and not one said Yea. All they that will not say No All said No. So he did for the second question and not one said No but all Yea. Which said Order and resolution was appointed by the House to be entred for a future Precedent accordingly Then he put it to the question whether they of London notwithstanding this Order in respect this Commitment greatly concerneth the State of the City should be Committees And the Yeas were greater than the Noes And thereupon the said Knights and Citizens for London were nominated with the other Committees whose names are now here in the next place inserted out of the Original Journal-Book of the same House in manner and form following All the Privy Council and all the Queens Learned Councel being Members of the House All the Serjeants at Law being of this House Sir George Moore Sir Thomas Conisbie Sir Charles Cavendish Sir Michael Sands Sir Edward Hobbie Sir William Wray the Knights for the Twelve Shires of Wales the Knights for Cornwall and Devonshire the Burgesses for the Borough Towns beyond Trent the Burgesses for Lancaster M r Wingfield M r Thynne M r Fulke Grevill Sir John Egerton Sir Francis Hastings M r Carew M r Francis Moore M r Maynard M r Varney M r Swaine Sir Robert Wroth Sir Jerom Bowes Sir Molle Finch Sir Francis Darcy the Knights and Citizens for London M r Barrington M r Hancock M r Tate and M r Thomas Jones And the Bill and Committees names were delivered to M r Fulk Grevill who with the rest was appointed to meet upon Wednesday next in the Exchequer Chamber at two of the Clock in the Afternoon On Thursday the 12 th day of November Five Bills of no great moment had each of them one reading of which the last being the Bill to avoid trifling and frivolous Suits in Law was read the second time and committed unto M r Lashbrooke M r Hubbard and others who were appointed to meet to Morrow in the Afternoon in the Middle-Temple Hall at two of the Clock The Bill against Common Sollicitors c. was read the second time and committed to the last former Committees who were appointed to meet at the same time and place The Bill against fraudulent Administration of Intestates goods and the Bill for avoiding of unnecessary delays of Execution upon Judgments were each of them read the third time and passed upon the question and were sent up to the Lords by Mr. Comptroller Mr. Secretary Herbert and others Two Bills also of no great moment had each of them one reading of which the first being the Bill for Denization of certain persons born beyond the Seas was read the second time and Ordered to be ingrossed John Baker was brought to the Bar and charged by Mr. Speaker in the name of this House with contempt committed by him against the Liberties and Priviledges of this House in Arresting of one ..... Wooddall servant unto William Cooke a Member of this House who answered that he knew not that the said Wooddall did belong unto the said Mr. Cooke or unto any other Member of this House and was by the Order of this House committed to the Serjeant's Custody until to Morrow at which time the House hath appointed to take surther Order therein The Bill for confirmation of Grants made to the Queens Majesty and of Letters Patents from her Highness to others was read the second time and committed unto all the Queens Privy Council being of this House Mr. Francis Moore Mr. Tanfield and others And the Bill and Committees names were delivered to Mr. Secretary Herbert who with the rest was appointed to meet upon Saturday next at two of the Clock in the Afternoon in the Exchequer Chamber The Bills formerly appointed to have been sitten upon in Committee upon Saturday next are deferred until Monday in the Afternoon On Friday the 13 th day of November the Bill for the restraining of Butchers in and about the City of London from selling and covetous Ingrossers from buying of Fells and Sheep-Skins c. had its first reading Two Bills had each of them one reading
restraint or limit we may all come and shall be very welcom Mr. Barrington made Report of the Travel of the Committees in the Bill against Blasphemous Swearing who were appointed on Tuesday the 10 th day of this instant November foregoing and brought in the Bill with some Amendments The Bill for the grant of-four entire Subsidies and eight Fifteenths and Tenths granted by the Temporalty was read the second time and Ordered to be ingrossed Vide concerning this Bill on Saturday the 5 th day of December next following The Bill to avoid trifling and frivolous Suits in Law was read the third time and passed upon the question The Bill touching Edward Nevill of Birling in the County of Kent and Sir Henry Nevill Knight his Son and Heir was read the third time and passed upon the question The Proviso added to Edward Nevill his Bill was thrice read and likewise passed upon the question Francis Fortescue Esquire returned one of the Knights for the County of Buckingham is for his necessary affairs licensed by Mr. Speaker to depart into his own Country The greatest part of this Forenoons Passage being thus transcribed out of the Original Book of the House of Commons now follows a question only moved by the Speaker upon the rising of this House as also his access unto her Majesty in the Afternoon with divers of the said House at Whitehall touching Monopolies or Patents of Priviledge out of the said private Journal The Speaker asked the House What it was their pleasures he should deliver unto her Majesty and Sir Edward Hobbie stood up and said it was best he should devise that himself the whole House would refer it to him and all said I I I. In the Afternoon about three of the Clock some sevenscore of the House met at the great Chamber before the Council Chamber in Whitehall At length the Queen came into the Council Chamber where sitting under the Cloth of State at the upper end the Speaker with all the company came in and after three low reverences made he spake to this effect MOST Sacred and most gracious Sovereign We your Faithful Loyal and obedient Subjects and Commons here present vouchsafed of your especial goodness to our unspeakable comfort access to your sacred presence do in all duty and humbleness come to present that which no words can express most humble and thankful acknowledgement of your most gracious Message and most bounden and humble thanks for your Majesties most abundant goodness extended and performed to us We cannot say Most Gracious Soveraign We have called and been heard we have complained and have been helped though in all duty and thankfulness we acknowledge your Sacred Ears are ever open and ever bowed down to hear us and your blessed Hands ever stretched out to relieve us We acknowledge Sacred Sovereign in all duty and thankfulness we acknowledge that before we call your preventing Grace and All-deserving Goodness doth watch over us for our good more ready to give than we can desire much less deserve That Attribute which is most proper unto God to perform all he promiseth appertaineth also unto you our Most Gracious Soveraign Queen of all Truth of all Constancy or all Goodness never wearied in doing good unto us the Deeds themselves do speak most careful to provide all good things for us most gracious most tender to remove all grievances from us 〈◊〉 all your Princely Actions have ever 〈◊〉 and even now your most gracious published Proclamation of your own only meer Motion and special Grace for the good of all your People doth witness to us We come not Sacred Sovereign one of ten to render thanks and the rest to go away unthankful but all of us in all duty and thankfulness do throw down our selves at the Feet of your Majesty do praise God and bless your Majesty Neither do we present our thanks in words or any outward thing which can be no sufficient retribution for so great goodness but in all duty and thankfulness prostrate at your Feet we present our most loyal and thankful hearts even the last drop of Blood in our Hearts and the last spirit of breath in our Nostrills to be poured out to be breathed up for your safety And after three low Reverences made he with the rest kneeled down and her Majesty began thus to answer her Self viz. MR Speaker We have heard your Declaration and perceive your care of our State by falling into the consideration of a grateful acknowledgment of such benefits as you have received And that your coming is to present thanks unto us which I accept with no less Joy than your Loves can have desire to offer such a Present I do assure you that there is no Prince that loveth his Subjects better or whose Love can countervail our Love There is no Jewel be it of never so rich a prize which I prefer before this Jewel I mean your Love for I do more esteem it than any Treasure or Riches for that we know how to prize but Love and Thanks I count inestimable And though God hath raised me High yet this I count the Glory of my Crown that I have Reigned with your Loves This makes me that I do not so much rejoice that God hath made me to be a Queen as to be a Queen over so thankful a People Therefore I have cause to wish nothing more than to content the Subject and that is a duty which I owe. Neither do I desire to live longer dayes than that I may see your Prosperity and that 's my only desire And as I am that Person that still 〈◊〉 〈◊〉 God hath delivered you so I trust by the Almighty Power of God that I still shall be his Instrument to preserve you from Envy Peril Dishonour Shame Tyranny and Oppression partly by means of your intended helps which we take very acceptably because it manifesteth the largeness of your Loves and Loyalties unto your Sovereign Of my self I must say this I never was any greedy scraping Grasper nor a strait fast-holding Prince nor yet a Waster My heart was never set on Worldly Goods but only for my Subjects good What you do bestow on me I will not hoard it up but receive it to bestow on you again Yea mine own properties I count yours to be expended for your good Therefore render unto them from me I beseech you M r Speaker such thanks as you imagine my Heart yieldeth but my Tongue cannot express Note that all this while they kneeled Whereupon her Majesty said M r Speaker I would wish you and the rest to stand up for I shall yet trouble you with longer Speech so they all stood up and she went on in her Speech saying Mr. Speaker You give me thanks but I doubt me I have more cause to thank you all than you me And I charge you to thank them of the House of Commons from me for had I not received a knowledge from you I might have
in the old and the new On Thursday the 10 th day of December the Bill touching Silk-Weavers c. was read the second time and committed unto the Knights and Citizens for London the Citizens for York Bristoll Norwich and Canterbury Mr. Barrington M r Johnson and others who were appointed to meet this Afternoon in the Exchequer Chamber M r Johnson a Committee in the Bill for Assize of Fuel brought in the Bill amended in some parts by the Committees and delivered it in The Amendments in the Bill touching the Assize of Fuel were twice read and the Bill was Ordered to be ingrossed The Bill touching the taking away of Gavelkind Custom in Kent was read the third time M r Francis Moore said He thought the Bill a very idle and frivolous Bill and injurious for if a Man take a Wise by the Custom she shall have the Moiety but now if we make it go according to the Common Law she shall have but the third part So if the Father commit a Felony and be Hanged the Son shall not lose his Inheritance because the Custom is The Father to the Bough the Son to the Plough which at Common Law he shall lose M r Serjeant Harris said I think this Bill a very good Bill for it defeats a Custom which was first devised as a punishment and plague unto the Country For when the Conqueror came in the reason of this Custom was to make a decay of the great Houses of the antient Britains For if a Man of eight hundred pound per Annum had had eight Children it must be divided into eight parts And then if these also had Children subdivided again usque in non quantum whereas if it had gone to one by the Common Law it would still have flourished c. M r Bois among many reasons shewed that it would in Kent be a great loss to the Queen of her Subsidy for by reason of these Sub-divisions there were many ten pound men And whosoever knows the State of our Country shall find more by under ten pound men than above come to the Queen And now if these being divided in several hands should now go according to the Common Law this would make the Queen a great loser Being put to the question the No was the greater yet the I I I. would needs go forth and upon division it appeared the I I I. were sixty seven and the No a hundred thirty eight and so the Bill was rejected The Bill for suppressing of Alehouses and Tipling-Houses was read the second time and upon the question for committing dashed M r Francis Moore offered a Proviso to the House and shewed that he was of Councel and standing Fee with the Corporation of Vintners in London and shewed that they were an antient Corporation and had ever used by force of divers Charters of Kings of this Realm to sell Wines and now by this Bill all was inhibited And therefore c. which was received Mr. Johnson said If this Bill should pass it would breed a great confusion of Government for by this Law the Justices of the County might enter into the liberty of any Corporation and license sale of Wine and Beer Besides he must be licensed by four Justices perhaps there be not four Justices in a Corporation admitting power were not given to the Foreign Justice Now when these four Justices have enabled him by this Law they have not power upon his misbehaviour to put him down and so very insufficient and impossible to be mended Sir Robert Wroth said The Bill is that no man shall sell c. but he must be allowed in the Quarter Sessions by four Justices and what pain and charge this will be to a poor man to go with some of his Neighbours twenty or thirty Miles for a Licence and what a monstrous trouble to all the Justices I refer to your considerations c. and so the Bill was dashed as is aforesaid Mr. Speaker shewed her Majesties Pleasure to be that this House should proceed in all convenient speedy course of dispatching the businesses at this time fit to be dealt in for that her Majesty purposeth shortly to end this present Session of Parliament This Message being thus transcribed out of the Original Journal-Book of the House of Commons now follows the residue of the Passages of this Forenoon out of a private Journal Sir Edward Hobbie said We attended the Lords this Morning touching the Information against Mr. Belgrave and in the end concluded That forasmuch as it concerned their Lordships as well as our Priviledges they desired some time to consult and will send us word of their resolutions Vide December the 16 th Wednesday ensuing Doctor Stanhop and Doctor Hone brought a Bill from the Lords Intituled An Act for establishing of the remainder of certain Lands of Andrew Kettleby Esq to Francis Kettleby and so they departed Then the questions upon the continuance of Statutes were offered to be read but the House called for the Bill of Ordnance yet the Clerk fell to read the questions but the House still cryed upon Ordnance At length Mr. Carey stood up and said In the Roman Senate the Consul always appointed what should be read what not so may our Speaker whose place is a Consuls place if he err or do not his duty sitting to his place we may remove him And there have been Precedents But to appoint what business shall be handled in my opinion we cannot At which Speech some hissed Mr. Wiseman said I reverence Mr. Speaker in his place but I take great difference between the old Roman Consuls and him Ours is a Municipial Government and we know our own Grievances better than Mr. Speaker And therefore fit every man alternis vicibus should have those Acts called for he conceives most necessary All said I I I. Mr. Hackwell said I wish nothing may be done but with consent that breeds the best Concordance my desire is the Bill of Ordnance should be read If you Mr. Speaker do not think so I humbly pray it may be put to the question Mr. Martin and Mr. Francis Moore stood up but Mr. Martin first one would not yield to the other and great calling there was till at length Mr. Comptroller stood up and said I am sorry to see this confusion in this House it were better we used more silence and kept better Order Yesterday you Ordered the continuance of Statutes should be read now in an humour you cry Ordnance Ordnance I pray you that which we first decree let us stick to and not do and undo upon every idle Motion Mr. Secretary Cecill said I will speak shortly because it best becomes me neither will I trouble your Patience long because the time permits it not It is a Maxim praestat otiosum esse quà m nihil agere I wish the Bill for continuance of Statutes may be read and that agrees with the Precedent Order of this House and more with the gravity
octavo 36. The Amours of certain Great Men and famous Philosophers Written in French and Englished by J. D. in octavo 37. Deceptio visus or Seeing and Believing are two things a pleasant Spanish History faithfully translated in octavo 38. The History of France under the Ministry of Cardinal Mazarine viz. from the death of King Lewis XIII to the year 1664. wherein all the Affairs of State to that time are exactly related By Benjamin Priolo and faithfully Englished by Christopher Wase Gent. in octavo 39. The History of the Twelve Caesars Emperours of Rome Written in Latin by C. Suetonius Tranquillus newly translated into English and illustrated with all the Caesars Heads in Copper-plates in octavo 40. The Annals of Love containing select Histories of the Amours of divers Princes Courts pleasantly related By a person of Honour in eight Parts in octavo 41. A new Voyage into the Northern Countries being a description of the Manners Customs Superstition Buildings and Habits of the Norwegians Laplanders Kilops Borandians Siberians Samojedes Zemblans and Islanders in twelves 42. The present State of the United Provinces of the Low Countries as to the Government Laws Forces Riches Manners Customs Revenue and Territory of the Dutch Collected out of divers Authors by W. A. Fellow of the Royal Society The second Edition in twelves 43. The present State of the Princes and Republicks of Italy The second Edition enlarged with the manner of Election of Popes and a Character of Spain Written Originally in English by J. Gailhard Gent. in twelves 44. The Policy and Government of the Venetians both in Civil and Military Affairs Written in French by the Sieur de la Hay and faithfully Englished in twelves 45. The Voyage of Italy or a compleat Journey through Italy in two Parts with the Character of the People and the Description of the chief Towns Churches Palaces Villas Gardens Pictures Statues Antiquities as also of the Interest Government Riches Forces c. of all the Princes with Instructions concerning Travel By Richard Lassells Gent. who travelled through Italy five times as Tutor to several of the English Nobility Opus Posthumum corrected and set forth by his old Friend and Fellow-Traveller S. W. Never before extant in twelves 46. A Relation of the French King 's late Expedition into the Spanish Netherlands in the years 1667 and 1668. with an Introduction discoursing his Title thereunto and an account of the Peace between the two Crowns made May 2. 1667. Englished by G. H. in twelves POETRY and PLAYS 47. The Works of Sir William Davenant K t consisting of those which were formerly Printed and those which he designed for the Press Now published out of the Author 's Original Copies in folio 48. Andronicus Comnenius a Tragedy By John Wilson in quarto 49. Heraclius Emperour of the East a Tragedy By Lodowic Carlel Esq in quarto 50. The Shepherds Paradise a Pastoral By Walter Montague Esq in octavo 51. Paradise Regain'd a Poem in four Books to which is added Sampson Agonistes The Author John Milton in octavo MISCELLANIES 52. A General Collection of Discourses of the Virtuosi of France upon Questions of all sorts of Philosophy and other Natural Knowledge made in the Assembly of the Beaux Esprits at Paris by the most ingenious Persons of that Nation Englished by G. Havers in two Volumes in folio 53. A Justification of the late War against the United Netherlands in two Parts illustrated with several Sculptures by Henry Stubbs in quarto 54. The Compleat Gentleman or Directions for the Education of Youth as to their Breeding at home and Travelling abroad In two Treatises by J. Gailhard Gent. who hath been Tutor abroad to several of the Nobility and Gentry in octavo 55. The Temperate Man or the right Way of Preserving Life and Health together with Soundness of the Senses Judgment and Memory unto an extream Old Age. In three Treatises The first written by the learned Leonardus Lessius The second by Lodowick Cornaro a Noble Gentleman of Venice The third by a famous Italian faithfully Englished in twelves 56. The Golden Calf in which is handled the most rare and incomparable wonder of Nature in transmuting Metals viz. how the entire substance of Lead was in one moment transmuted into Gold Obrizon with an exceeding small Particle of the true Philosophers Stone at the Hague in the year 1666. Written in Latin by John Frederick Helvetius Doctor of Medicine at the Hague and faithfully Englished in twelves 57. Accidence commenc'd Grammar and supplied with sufficient Rules or a new and easy method for the learning of the Latin Tongue The Author John Milton in twelves 58. The Rules of Civility or certain ways of Deportment observed in France amongst all persons of Quality upon several occasions faithfully Englished in twelves 59. The Art of Complaisance or the means to oblige in Conversation in twelves * Rot. Parl. 31 32 H. 6. n. 1 7 8 9 10 12 20 22 23 24. || Rot. Parl. 1 H. 7. n. 26. An Act for Roger Thorpe a Eadmerus Histor. Normannorum lib. 1. fol. 5. l. 44. b Malmesbury obiit mortem an poll natum Sirvatorem sesum MCxliio. 7 Regis Stephani Balaeus Script Britanniae fol. 186. l. 3. p. 56. l. 24. in vita Willielmi c Eadmerus lih 6. p. 135. l. 21. d Rut. Cart. 5 Johannis m. 5. n. 33. e Rut. Claus. 19 H. 3. Pars 2. m. 5. dorso Vide Stat. de an Bissextili 21 H. 3. Rex per Consilium fidelium subditorum and vet resolved to be a Parliament Coke lib. 8. Case del Prince fol. 20. f A Mat. Weslm An. 1231. 15 H. 3. p. 290. l. 13. g A Barones suni majores minores Barones pro libere tenentibus in genere hoc est tam in Soccagio quam per Servitium militare Spelm. Gloss. Diatriba de Baronibus fol. 64 67. h Rot. Claus. 1 E. 2. m. 19. dorso i Rot. Pars. 5 E. 3. n. 3. k Rot. Pars. 23 H. 6. n. 19. l Rot. Parl. 1 R. 3. Cotton's Records fol. 711. m Rot. Parl. 1 H. 7. n. 18. n Dominus Herbert de Cherbury in vita H. 8. fol. 303 305 306 307. o Parl. sicundum 1 Mariae Rast. Stat. p. 1085. c. 2. Rast. Stat. part 2. de An. 28 Eliz. fol. 121. c. 18. p Rot. Claus. 23 E. 1. m. 3. dorso Euseb. li. 2. de vita Constantini * Bracton de Legibus Angliae Lib. 1. Cap. 7. Vide Camden Annal. p. 432. This Ordinance inhlbitis also as well the Election of Lawyers as of Sheriffs Vide de tota ista materia in Annal Eliz à Guliel Camd. script edit Lugdun Batav An. Dom. 1625. à pagin 432. ad pagin 472. Gul. Camd. in Annal Eliz. supracitatis pag. 468. line is 1 2 3. Vide à e tota ista matcria in Annal. Eliz à Cambd. script Edit Lugd. Bat. 1625. à p. 432. ad p. 472. The Pitition against the Scottish Queen presented unto her Majesly Nov. 12. Guliel Cambden in Annal. Regin Eliz. edit Lugdun Batav Anno Dem. 1625. p. 511 512. Vide Gulicl Camd. Annal. Regin Eliz. edit Lugd. Batavorum An. Dom. 1625. pag. 589. Vide Holinghs pag. 955. 956. An excellent Case of one George Finers a Burgess of Plimouth in Devonshire in the Parliament An. 33 H. 8. Anno Dom. 1541. arrested and taken in Execution by the means of one White and afterward had his priviledge as also of the Temple-Cook who was Servant to Sir Thomas Audley once Speaker of Parliament and after Lord Chancellor who being arrested was freed Which case was cited by King H. 8. himself * Statute de 23 H. 6. Cap. 15. 1 H. 5. Cap. 1. enact it Vide 38 H. 8. fol. 60. a. Dyer Vide Gul. Camd. Anno Regin Eliz. edit Lugdun Batavorum An. Dom. 1625. pag. 682.