much to the setting forth of your benevolence The first who it is that granted the second the manner of granting the third what it was that is granted As to the first her Majesty cannot forget how this Grant proceeded from the earnest affections and hearty good wills of her loving and obedient Subjects Wherefore her Majesty maketh greater account thereof than Ten Subsidies and so she Commanded me to say unto you Again her Majesty remembreth very well that this Grant was made not by Subjects that never did the like before but by Subjects that have been and continued to be ready from time to time to contribute towards the necessary charges and defence of the Realm which doth greatly commend and set forth she saith this great benevolence of yours And as to the second which is the manner of granting her Highness noteth two things especially the one is universality of consent and can there be a more universal consent than when all agreeing and none denying as this was Nay her Highness knoweth that before her time these manner of Grants passed not but with a great perswasion and many difficulties whereas this was frankly offered without any perswasion or difficulty at all The other is the readiness of granting It is written of Benevolence Bis dat qui citò dat which her Majesty saith may be justly applied to these your Proceedings And to the third which is the thing granted she taketh it to be as liberal as any heretofore hath been granted and therefore hath Commanded me to yield unto you her most hearty condign thanks and withal to let you understand that her Majesty is as willing and desirous to give you this whole Subsidy again as you have been willing to grant it if the necessity of the Realm and your Surety would suffer it And thus much touching the granting of the Subsidy Now as to the due and true Execution of the same I am to exhort and also to admonish you and yet it may be probably said that Persons that have thus bountifully and readily made this Grant wherein and whereby the benevolent minds and hearty affections that have been so manifestly declared in granting that to these persons neither admonishments nor exhortations are due for the true executing of that Grant no more than a Spur is to a Horse that runneth as swiftly as he can Albeit this Argument in reason carrieth probability and likelyhood with it yet former experience hath taught that these Grants have not been so duly and truly executed as they have been benevolently granted After the Lord Keepers Speech was ended the Queens Majesty did doubtless give her Royal Assent to such Acts as passed at this Session but neither the foresaid Speech nor the passing of the said Acts is at all mentioned in the Original Journal-Book of the Upper House Her Majesties Royal Assent being given to the said Bills Now follows the Adjournment of this present Session together with the several Prorogations thereupon out of the Original Journal Book of the same Dominus Custos magni Sigilli ex mandato Dominae Reginae Adjournavit praesens Parliamentum usque in diem prox hora secunda post meridiem On Thursday the 15 th day of March in the Afternoon the Queens Majesty came her self into the Upper House where were also present the Lord Archbishop of Canterbury Sir Nicholas Bacon Lord Keeper of the Great Seal the Lord Burleigh Lord Treasurer and divers other Lords both Spiritual and Temporal but the only occasion of her Majesties coming seemeth to have been for the Prorogation of the Parliament which otherwise must have been done by vertue of her Majesties Commission or Letters Patents under the Great Seal And it is the more remarkable because I conceive it is the only President during all the said Queens Reign in which she came to the Upper House in Person to Prorogue a Session the Entrance whereof in the Original Journal-Book of the same House is as followeth Dominus Custos magni Sigilli ex mandato Dominae Reginae Prorogavit praesens Parliamentum usque in diem quintum Novembris prox futurum After which followed divers other Prorogations until the Assembling of the last Session of this present Parliament in Anno 23 Reginae Eliz. All which are inserted in the Original Journal-Book it self de Anno 18 Reginae ejusdem in the end thereof THE JOURNAL OF THE House of COMMONS A Journal of the Passages of the House of Commons in the Session of Parliament holden at Westminster Anno 18 Reginae Eliz. A. D. 1575 which began there after divers Prorogations of the same on Wednesday the 8 th Day of February and then and there continued until the Prorogation thereof on Thursday the 15 th Day of March THIS present Journal of the House of Commons containeth in it not only many good Passages touching the ordinary usages and priviledges of the House but is plentifully stored also with divers extraordinary and rare Occurrences touching the maintenance of the Liberties of the House not only from the indignity of private Persons but also against the pressures of the Lords of the Upper House in which also there wanted not the zealous endeavour of the House for reformation of divers Ecclesiastical matters and the remarkable Imprisonment of a Member of the same by themselves in which I have supplied many Passages and Speeches which were wanting in the Original Journal-Book it self in the due places out of several Copies of them I had by me Yet to avoid confusion whatsoever is transcribed out of the said Copies is distinguished by some Annotation or Animadversion both before and after it And lastly it may here fitly be observed that this being but the second Session of the fourth Parliament of her Majesties Reign the House of Commons as did also the Lords of the Upper House sell to their ordinary business upon their first meeting in manner and form following viz. On Wednesday the 8 th day of February the Bill that upon Actions upon the Case brought for slanderous words or writings the Country may be traversed was read the first time Peter Wentworth Esquire one of the Burgesses for the Borough of Tregony in the County of Cornwall was for unreverent and undutiful words uttered by him in this House of our Soveraign Lady the Queens Majesty sequestred that the House might proceed to Conference and consideration of his said Speech Which Speech I have transcribed out of a Copy I had by me and added it to this Journal viz. M r Speaker I find written in a little Volume these words in effect Sweet is the name of Liberty but the thing it self a value beyond all inestimable Treasure So much the more it behoveth us to take care lest we contenting our selves with the sweetness of the name lose and forgo the thing being of the greatest value that can come unto this noble Realm The inestimable Treasure is the use of it in this House And therefore I do think it
were appointed to have Conference in the Star-Chamber to Morrow at three of the Clock in the Afternoon for drawing of a Bill against the oppression of common Promoters The Bill lastly for setting the poor on work and for avoiding of Idleness was read the second time On Saturday the 11 th day of February Two Bills of no great moment had each of them one reading of which the first being the Bill for M r Hatton was read the first time Upon sundry Arguments made unto the Bill for setting the poor on work and for avoiding of Idleness it was committed unto M r Treasurer Sir Rowland Hayward Sir Nichlas Arnold M r More M r Robert Bowes M r Atkins M r Alford M r Aldrich M r Sampoole M r Norton M r Cromwell M r Snagg M r Layton M r Waye M r Popham M r Woley M r Fleet M r Honnywood M r Longley M r Ailmer M r Newdigate M r William Thomas M r Tate M r Owen M r Grimston and M r Cure to meet at this House upon Monday next at three of the Clock in the Afternoon Christopher Dighton Gent. one of the Citizens for the City of Worcester was licensed by M r Speaker to take his Journey unto the said City of Worcester for Execution of Dedimus potestatem in the Service of our Soveraign Lady the Queens Majesty On Monday the 13 th day of February Five Bills of no great moment had each of them one reading of which the last being the Bill that in Actions upon the Case brought for words the County may be traversed was read the second time and committed presently after this Forenoon M r Treasurer for himself and the residue of the Committees for the Subsidy whose names see on Friday the 10 th day of this instant February foregoing declared that upon Conference had amongst them at their meeting together upon Friday last they did then Assent unto certain Articles for drawing of a Bill for one Subsidy and two Fifteenths and Tenths to be paid at several times whereupon the same Articles were read by the Clerk and then by Order of the House were the same Articles delivered to some of the Committees being of the Privy-Council that some of the Queens Majesties Learned Councel may by Warrant from this House cause the same Bill to be drawn accordingly Vide concerning this matter on Wednesday the 27 th day of this instant February ensuing The Bill for traversing of the County in Actions upon the Case was committed unto M r Seckford Master of the Requests M r Colshill M r Newdigate and others who were appointed to meet upon Thursday next at three of the Clock in the Afternoon in the Temple Church The Petitions touching Ports was read and committed unto all the Privy-Council being of this House the Lord Russell M r Captain of the Guard Sir Thomas Scott Sir William Winter M r Recorder of London the Burgesses for Dover M r Sampoole M r Grice Mr. John Hastings Mr. Norton Sir Arthur Basset Mr. Diggs Sir Henry Gate Sir Henry Wallop Mr. Langley Mr. Hawkins Richardson Mr. Randall Mr. Gardiner Mr. Sanders Mr. Jenison Mr. Beale Mr. Honnywood Mr. Tremaine Sir George Speak Mr. Captain of the Wight Sir Henry Ratcliffe Mr. Elesdon Mr. Layton and the Burgesses of Linne to meet to Morrow at three of the Clock in the Afternoon in the Exchequer Chamber Sir Nicholas Arnold Mr. Snagg Mr. Norton and Mr. Atkins were added to the former Committees for drawing of a Bill against the Promoters whose names see on Friday the 10 th day of February to meet upon Thursday next in the Afternoon at two of the Clock in the Treasury-Chamber near the Star-Chamber The Bill for reformation of Errors in Fines and common Recoveries was read the second time and committed unto Mr. Recorder of London Mr. Attorney of the Dutchy Mr. Baber Mr. Yelverlon and others to meet at three of the Clock this present day in the Exchequer Chamber Charles Johnson of the Inner Temple Gent. being Examined at the Bar for coming into this House this present day the House sitting confessing himself to be no Member of this House is Ordered that M r Wilson Master of the Requests Mr. Recorder of London and Mr. Cromwell to examine him wherein he seigned to excuse himself by ignorance he was committed to the Serjeants Ward till further Order should be taken by this House Sir Richard Read and Mr. Doctor Berkley brought into this House a Bill from the Lords touching the diminishing and impairing of the Coins of this Realm and of other Foreign Coins not currant within this Realm Two Bills lastly had each of them their several readings of which the second being the Bill for the preservation of the Lords Seignories was read the second time and Ordered to be ingrossed On Tuesday the 14 th day of February the Bill for Mr. Hatton was read the second time and Ordered to be ingrossed and committed unto Mr. Treasurer Mr. Heneage Mr. Cromwell Mr. Dalton Mr. John Spencer Mr. Norton and Mr. Alford to examine the suggestion of the Bill touching the consent of the parties to the passing of the same Bill whereupon Mr. John Spencer one of the Committees being also one of the persons named in the said Bill so resolved the residue of the Committees that upon the report thereof made to the House by Mr. Treasurer it was presently Ordered that the Bill should be ingrossed and the Proviso omitted and left out The Bill for the true payment of the Debts of William Isley Esquire was read the second time and the Proviso to the same Bill being twice read it was committed to Mr. Secretary Walsingham Mr. Chancellor of the Exchequer Mr. Treasurer of the Chamber and others Two Bills lastly of no great moment had each of them one reading of which the first being the Bill for Jeofailes was read the first time On Wednesday the 15 th day of February Three Bills of no great moment had each of them one reading of which the third being the Bill against diminishing and impairing the Coins of this Realm or of other Foreign Realms currant within this Realm was read the second time and committed to Mr. Treasurer Mr. Chancellor of the Exchequer Mr. Secretary Smith Mr. Secretary Walsingham Mr. Captain of the Guard Mr. Chancellor of the Dutchy Mr. Heneage Mr. Lieutenant of the Tower Mr. Sandes Mr. Darrington Mr. Popham and Mr. Norton to confer with the Lords at the next time that any Bill shall be sent to the Lords from this House The Bill against Bastardy was upon the second reading committed unto Mr. Comptroller Mr. Secretary Smith Sir Thomas Scott and others to meet upon Friday next at three of the Clock in the Afternoon at the Star-Chamber The Bill for reformation of Jeofailes c. was read the second time and committed unto Mr. Seckford Master of the Requests Mr. Serjeant Lovelace Mr. Recorder of London and others The Bill for the Freemen of the
of the vulgar way of preparing Medicines and the Excellency of such as are made by Chymical Operations By Edward Bolnest Med. Lond. in octavo 11. Aurora Chymica or a rational way of preparing Animals Vegetables and Minerals for a Physical Use by which preparations they are made most efficacious safe and pleasant Medicines for the preservation of the life of man By Edward Bolnest Med. Reg. Ord. in octavo 12. The Chirurgions Store-house furnished with forty three Tables cut in Brass in which are all sorts of Instruments both Ancient and Modern useful to the performance of all Manual Operations with an exact description of every Instrument together with one hundred choice Observations of famous Cures performed with three Indexes 1. Of the Instruments 2. Of Cures performed 3. Of things remarkable Written in Latin by Johannes Scultetus a famous Physician and Chirurgeon of Ulme in Suevia and faithfully Englished by E. B. D r of Physick in octavo 13. Medicina Statica or Rules of Health in eight Sections of Aphorisms Originally Written by Sanctorius Chief Professor of Physick at Padua in twelves LAW 14. An Abridgment of divers Cases and Resolutions of the Common Law Alphabetically digested under several Titles By Henry Rolls Serjeant at Law published by the Lord Chief Baron Hales and approved by all the Judges in folio 15. The Reports of that famous Lawyer Henry Rolls Serjeant at Law sometime Chief Justice of the Kings Bench of divers Cases in the Law adjudged in the time of King James approved by all the Judges in folio 16. The Reports of Sir George Crook Knight in three Volumes in English allowed of by all the Judges The second Edition carefully corrected by the Original in folio 17. The History of Gavel-kind with the Etymology thereof containing a Vindication of the Laws of England together with a short History of Will the Conqueror By Silas Taylor in quarto 18. Action upon the Case of Slander or a Methodical Collection of thousands of Cases in the Law of what words are Actionable and what not By William Shepherd Esq in octava 19. An Exact Abridgment in English of the Cases reported by Sir Francis Moor Knight with the Resolution of the Points of the Law therein by the Judges By Will. Hughes in octavo 20. The Touchstone of Wills Testaments and Administrations being a Compendium of Cases and Resolutions touching the same carefully collected out of the Ecclesiastical Civil and Canon Laws as also out of the Customs Common Laws and Statutes of this Kingdom By G. Meriton in twelves HISTORY 21. The Voyages and Travels of the Duke of Holstein's Ambassadors into Moscovy Tartary and Persia begun in the year 1633. and finished in 1639. containing a Compleat History of those Countries whereunto are added the Travels of Mandelslo from Persia into the East-Indies begun in 1638. and finished in 1640. The whole Illustrated with divers accurate Maps and Figures Written originally by Adam Olearius Secretary to the Embassy Englished by J. Davies The second Edition in folio 22. The Works of the famous Nicholas Machiavel Citizen and Secretary of Florence containing the History of Florence the Prince the Original of the Guelf and Ghibilin the Life of Castruccio Castracani the Murther of Vitelli c. By Duke Valentino the State of France the State of Germany the Discourses on Titus Livius the Art of War the Marriage of Belphegor All from the true Original newly and faithfully translated into English in folio 23. I Ragguagli di Parnasso or Advertisements from Parnassus in two Centuries with the Politick Touchstone Written Originally in Italian by that famous Roman Trajano Bocalini Englished by the Earl of Menmouth in folio 24. The History of Barbadoes S t Christophers Mevis S t Vincents Antego Martinico Monserret and the rest of the Caribby Islands in all twenty eight in two Books containing the Natural and Moral History of those Islands Illustrated with divers pieces of Sculpture representing the most considerable Rarities therein described in folio 25. The History of the Affairs of Europe in this present Age but more particularly of the Republick of Venice Written in Italian by Battista Nani Cavalier and Procurator of S t Mark. Englished by Sir Robert Honywood K t in folio 26. The History of the Turkish Empire from the year 1623. to the year 1677. Containing the Reigns of the three last Emperours viz. Sultan Morat or Amurat IV. Sultan Ibrahim and Sultan Mahomet IV. his Son the XIII Emperour now Reigning By Paul Rycaut Esq late Consul of Smyrna in folio 27. The present State of the Ottoman Empire in three Books containing the Maxims of the Turkish Polity their Religion and Military Discipline Illustrated with divers Figures Written by Paul Rycant Esq late Secretary to the English Ambassador there now Consul of Smyrna The fourth Edition in octavo 28. The present State of the Greek and Armenian Churches AnnoChristi 1678. Written at the Command of His Majesty by Paul Rycaut Esq late Consul of Smyrna and Fellow of the Royal Society in octavo 29. The Memoirs of Philip deComines Lord of Argenton containing the History of Lewis XI and Charles VIII Kings of France with the most remarkable occurrences in their particular Reigns from the year 1464. to 1498. Revised and Corrected from divers Manuscripts and ancient Impressions by Denis Godfroy Counseller and Historiographer to the French King and from his Edition lately Printed at Paris newly translated into English in octavo 30. A Relation of Three Embassies from his Majesty Charles the Second to the Great Duke of Muscovy the King of Sweden and the King of Denmark performed by the Right Honourable the Earl of Carlisle in the year 1663 and 1664. Written by an Attendant on the Embassies in octavo 31. A Relation of the Siege of Candia from the first Expedition of the French Forces to its Surrender the 27 th of September 1669. Written in French by a Gentleman who was a Voluntier in that Service and faithfully Englished in octavo 32. The Present State of Egypt or a new Relation of a late Voyage into that Kingdom performed in the years 1672 and 1673. By F. Vansleb R. D. Wherein you have an exact and true account of many rare and wonderful particulars of that Ancient Kingdom Englished by M. D. B. D. in octavo 33. The History of the Government of Venice wherein the Policies Councils Magistrates and Laws of that State are fully related and the use of the Balloting-Box exactly described Written in the year 1675. by the Sieur Amelott de la Houscaie Secretary to the French Ambassador at Venice in octavo 34. An Historical and Geographical Description of the great Country and River of the Amazones in America with an exact Map thereof Translated out of French in octavo 35. The Novels of the famous Don Francisco de Quevedo Villegas Knight of the Order of S t James whereunto is added the Marriage of Belphegor an Italian Novel Translated from Machiavel faithfully Englished in
it be utterly unlawful or in some sort to be tolerated it is a question and until it be determined for the common Commodity and maintenance let it be as hitherto it hath been used And for the common sort of Bargains of Corn for Cloth Silk for Land c. what they be whether Usury or no we know not That all should be well it is to be wished that all may be done well among men it is beyond hope for we are no Saints we are not of perfection to follow the Letter of the Gospel Who so striketh the one Cheek c. and this Text date nihil inde sperantes These are no express Commandments For the first the Law of nature doth direct and for the other also the same Law in effect maketh defence surely there can be no sin where there can be no breach of Charity To do that therefore to another which we would to our selves the state circumstance and case to our selves considered is commendable or not to be reproved if we our selves be to borrow who is it that would not in extremity give a little to save much money It is said the Usurer doth or may grow rich Who hath disliked in a Common-Wealth that there should be homines boni srugi they may be considered and may be good more than for one purpose He further stood on this that God did not absolutely forbid Usury which surely if it had been utterly ill he would have done And he added that the Common Laws were Cruel in their censures and wished that they should be no more remembred than they are followed Serjeant Lovelace argued to this effect that Usury was of money only protesting that he hated all kind of Usury but yet the greater the ill was the more and more greatly did he hate the same But to prohibit it with so sharp and extream a Law as to lose all he thought it would be the ground of greater Covetousness withal he added to prohibit the ill of Covetousness in generality were rash void and frivolous since that the Speech and the Act it self is indefinite comprehending all our actions and doings and therefore as utterly vain to prohibit it in vain words of generality To prohibit Drunkenness Pride Envy Surfeiting c. were somewhat in some particular sort to do it in generality albeit that we know that it is every way damnable by the direct and written word of God it were but folly Of these great Evils to the which man of his nature is born and made prone and too apt when we may not reach to the best furthest and uttermost we must do as we may say by degrees As to say there shall be no deceit or sleight in making of this or that kind of Wares that the Husband-man shall till his Arable Land and that he shall not keep above such a number of Sheep that there shall be no forestalling regrating c. and this in particularity whereas otherwise generally amongst sinful men to prohibit this sin or that sin utterly on a pain it may not be but thus rather he that shall so sin shall suffer or lose so much whereupon he concluded that there should be degrees in punishing of Usury as he that should take so much to lose or be punished thus he that shall take more more deeply M r Flectwood shewed that all these Arguments long since with great skill and very often have been opened in this place He said it was Ingenui pudoris sateri per quem profeceris M r Check he said argued and so far forth explained this matter as the Learner was thereby sufficiently informed and the Learned fully satisfied His Papers of his Speech he said he had not lost and therefore could shew as much cunning as the cunningest which had bent or endeavoured himself thereunto He said he had read the Civil Law and of the Common Law somewhat but how well he did understand it he would not promise ought What Usury was he said he was not to learn call it if we list Proxima homicidio or how else by a description he forced not much for if there were not Civil Law it were not much to be accounted of for any certainty in this Case thereby to be had and the most ancient Laws of this Realm have taught us thereof somewhat as the Laws of ..... do make to us mention of Usury So do the Laws made in Lucius his time and those of Athelred whereby it was ordained that Witches and Usurers should be banished King Edward the Saint reserreth and appointeth the Offenders herein to suffer ordalium Then was there a great kind of Usury known which was called Torus and a lesser known by the name of ..... Glanvile in the Book de legibus antiquis maketh mention of an inquiry of Christian Usurers In the Tower he said he had seen a Commission awarded to the Master of the Courts he named not what Courts to enquire of Usurers and the punishment of them he said was whipping he said further by Scripture he knew it was damnable and therefore whether it was good or not good it was no good Question For the matter of Implication whether by the pretence of the Law it might be intended that it was in any sort allowed he said it might be construed and compared there with the Statute of Tiths where it is said that till for seven years after Heath ground broken up no Tith shall be paid the Construction hereupon is clear He shewed also that Usury was malum in se for that of some other transgressions her Majesty may dispence afore with but for Usury or to grant that Usury may be used she possibly cannot He further said that the words of an Act of Parliament are not ever to be followed for that sometimes the construction is more contrary to what is written as in the Statute of Magna Charta nisi prius homagium fecerit And some Statutes are winked at by non-observation or otherwise so that they seem to be no Laws even in those things which we practise most as the Statute of Gloc. for the Oath to be taken in Debt and Damages M r Dalton endeavoured to prove that M r Fleetwood mistook the Bill but in fancy he mistook his Arguments M r Norton shewed that all Usury is biting as in the word Steal is contained all kind of injurious taking away of a mans goods and as slanderizing is said to be murthering or homicide so is Usury justly ever to be said biting they being both so correlated or knit together that the one may not be without the other He concluded that since it is doubtful what is good we should be mindful of the old saying Quod dubitas ne feceris and for that Quod non ex fide est peccatum est therefore he wished that no allowance should be of it After these Arguments being transcribed out of the often before-cited Anonymous Journal were ended there is no other
She did find in her Navy all Iron Pieces but she hath furnished it with Artillery of Brass so that one of her Ships is not a Subject's but a petty King's wealth As for her own private Expences they have been little in building she hath consumed little or nothing in her pleasures As for her Apparel it is Royal and Princely beseeming her Calling but not sumptuous nor excessive The Charges of her House small yea never less in any Kings time And shortly by Gods grace she will free her Subjects from that trouble which hath come by the means of Purveyors Wherefore she trusteth that every good subject will assist her Majesty with his Purse seeing it concerns his own good and the preservation of his estate For before that any of us would lose the least member of his body we would bestow a great deal and stick for no Cost nor Charges How much more ought we in this political Body whereof not only a member but the whole is in jeopardy if we do not once hast to the preservation thereof And for these Subsidies which are granted now adays to her Majesty they are less by half than they were in King Henry the 8th's time Now although her Majesty had borrowed some Money of her Subjests besides her Subsidies yet she had truly repaid and answered every one fully He desired the matter might be put to a Committee Sir Edward Stafford spake next to the like effect but what his said Speech was is not at all set down in the aforesaid Anonymous Journal mentioned more fully at the beginning of this Journal present M r Francis Bacon spake last whose Speech was to the effect following viz. M r Speaker That which these Honourable Personages have spoken of their Experiences May it please you to give me leave likewise to deliver of my common knowledge The Cause of Assembling all Parliaments hath been hitherto for Laws or Moneys The one being the Sinews of Peace the other of War To the one I am not privy but the other I should know I did take great contentment in her Majesties Speeches the other day delivered by the Lord Keeper how that it was a thing not to be done suddenly nor at one Parliament nor scarce a whole year would suffice to purge the Statute-Book and lessen the Volume of Laws being so many in number that neither Common People can practise them nor the Lawyer sufficiently understand them Than the which nothing should tend more to the praise of her Majesty The Romans appointed ten men who were to correct and recal all former Laws and to set forth those Twelve Tables so much of all men to be commended The Athenians likewise appointed six for that purpose And Lewes the 9 th King of France did the like in reforming his Laws ..... But what should here follow is wholly omitted in that Anonymous Journal mentioned in the beginning of these Speeches out of which they are all taken yet it should seem that the main end and scope of the ensuing particulars of this Speech which are omitted were for the appointing of a select and grave Committee both to consider of the dangers of the Realm and of speedy supply and aid to be given to her Majesty And thereupon after the Conclusion of this Speech of M r Francis Bacon's the House did accordingly nominate the said Committee to deliberate and consult in what proportion they might now to relieve her Majesty with Subsidies in respect of those many and great Enemies against whose power and malice she was to provide and prepare for necessary defence and preservation of her Realms and Dominions The names of which said Committees are set down in the Original Journal-Book of the House of Commons though omitted in that other before-mentioned taken by the said Anonymus in manner and form following viz. All those of this House which are of her Majesties Privy-Council all the Members of this House which are returned Knights for the Counties Sir Walter Raleigh Sir Thomas Cecill M r George Moore Sir Henry Unton M r Wroth Sir Thomas Wilkes M r Francis Bacon M r Nathanael Bacon M r George Cary M r Beale M r Fulk Grevill M r Attorney of the Wards M r Attorney of the Dutchy Sir John Paton M r Robert Sackvill Sir Francis Hastings all the Serjeants at Law which were Members of this House Sir John Hare M r Doctor Caesar M r Doctor James M r William Haward M r Sands Sir Robert Sidney M r Fanshaw Sir Thomas West Sir John Warrington Sir Thomas Read Sir Francis Drake M r Thomas Fane M r Vincent Skinner Sir William Moor M r Fuller M r Heyle M r John Hare M r Shinne M r Christopher Blount M r Edward Lewkenor Sir William Bowes Sir John Wingfield M r Tasborough Sir Edward Stà fford M r Lawrence Fanshaw M r Nicholas Saunders M r Doctor Lewen Sir Thomas Flodd Sir Francis Gudolphin Sir Francis Vere M r Edward Dyer M r Conisby M r Boyse M r Apselie and M r Emersam should be nominated and appointed to have Conference in the said Cause and to meet for that purpose in this House to Morrow next at two of the Clock in the Afternoon On Tuesday the 27 th day of February Two Bills of no great moment had each of them one reading of which the first being the Bill touching Woollen Cloaths called Vesses Rayes c. was read the first time M r Morrice Attorney of the Court of Wards moveth the House touching the hard Courses of the Bishops and Ordinaries and other Ecclesiastical Judges in their Courts used towards sundry learned and godly Ministers and Preachers of this Realm by way of Inquisition subscription and binding absolution contrary he said to the honour of God the Regality of her Majesty the Laws of this Realm and the liberty of the Subjects of the same compelling them upon their own Oaths to accuse themselves in their own private actions words and thoughts if they shall take such Oaths because they know not to what questions they shall answer till after the time they be sworn And also after such Examination proceed against them by deprivation degradation or suppression upon such their own Accusations of themselves And if they refuse to take such Oath then they commit them to Prison and there keep and detain them at their own pleasure not absolving or releasing them until they shall first have taken a Corporal Oath of their Canonical Obedience to their Ordinaries And shewing further at large the great inconvenience thereby grown unto the free Subjects of this Realm doth in the end pray a Consultation to be had therein by this House for redress of the said Enormities and offereth unto M r Speaker two Bills the one concerning the said Inquisitions subscriptions and offering of Oaths and the other concerning the Imprisonments upon their refusal to the said Oaths praying that the said latter Bill which concerneth the said Imprisonments might be read and the
Answer they would have none other Mr. Speaker said it could not be intended against his will for his hand is to the Indenture but he moved whether it should be intended that this Sir Anthony Nowell were una eadem persona or no And though it were yet whether they could take notice thereof not being certified out of the Chancery To which all the House said there was no other of the name Then Mr. Comptroller stood up and moved that in respect the Return was joint and that they did disallow Sir Anthony Nowell he desired to be resolved of the Learned Masters of the Law in this House whether all the Return were insufficient and so Sir John Harrington to be excluded To which all the whole House said No. Mr. Serjeant Harris said No because the said Warrant is affirmative to chuse any but the Sheriff who is excepted by special words so that the Return of the other is warranted but that of himself is void Sir Edward Hobbie Answered and said nay then Mr. Serjeant if you stand on that I think there are few Knights in this House lawfully chosen for the words of the Writ and Statute are that he must be Commorant within the County which but few are To which not one word was Answered And that Clause was hushed up Mr. Speaker said Well I will put it to the question which shall be twofold one whether the Return be void the other whether a new Warrant shall be sent forth To which being twice moved all cryed I I I not one man said No. Sir Edward Hobbie said Mr. Speaker the Warrant must go from your self for in the twenty seventh Year of this Queen when Parrie was Burgess for Queenborough a new Election was made and the Warrant was sent from the Speaker Nota That this resolution of the House is directly contrary to a former Precedent agreed on in the House of Commons upon Friday the 21 th day of February in the Parliament de An. xxxi o Regin Eliz. Anno Dom. 1588 1589. where Mr. S t Poole being both Knight for the County of Lincoln and Sheriff of the same also was notwithstanding allowed to retain his place in the said House as a Member thereof and had only Licence given unto him to depart into the said County about the business of his said Sheriffwick in no other form or manner than is vouchsafed of course to the Members of the said House upon any urgent occasions by them alledged requiring their absence for some time be it longer or shorter Where other Precedents also to this purpose are vouched and yet perhaps both the said Precedents may stand good and be reconciled with this difference that where any man is first Sheriff of some County and then Elected a Knight of the same or a Citizen Burgess or Baron of any City Borough or Cinque-Port of the same that in this Case his Election is void because it must of necessity follow as in this Case of Sir Andrew Nowell it did that he must return himself which cannot be good in Law But where a man is first Elected a Member of the House of Commons be it Knight Citizen Burgess or Baron and is afterwards made Sheriff of some County here his first Election standeth good as it should seem also it doth although he may be first made a Sheriff of some County and be afterwards Elected a Knight Citizen Burgess or Baron of and in some other Shire or County And the reason of all is plain in respect that in all these latter Cases his Return cannot be made by himself but by the Sheriff of the County where he is Chosen This only holds good in the Case of Knight of the Shire The Bill for Explanation of such Statutes as touch Leases to be made by Archbishops and Bishops was read the second time and rejected after Mr. Boise had spoken to it as followeth To which only Mr. Boise stood up and said that this Act would be prejudicial to the Bishop present and the Successor to their Servants and to the Bishops own Farmers and Tenants To the Bishop present in the maintenance of his Estate which cometh only by continual Fines which if they be taken away then are they not able to maintain that Hospitality and keep that retinue either belonging to their place or answerable to their living For consider the Revenue of the greatest Bithoprick in England it is but two thousand two hundred pounds whereof he payeth for Annual Subsidies to the Queen five hundred pounds And what damage we shall do both to him and his Successor herein his Revenue being so beneficial to her Majesty I refer to all your Judgments To the Successor it must needs be more hurtful For when he first cometh in he payeth First-Fruits and yet is not allowed to make his benefit by Fines which all Bishops Farmers are content to do so that he is cast one whole Annual value behind hand and perhaps hath no power neither to make Leases in twelve or sixteen Years This Mr. Speaker will induce the Ministers of the Word not to seek Bishopricks whereby we may bring the Clergy both to Poverty and Contempt from which they have ever been carefully defended and provided for even by the most antient Statutes and Laws of this Land now extant Hurtful it is to their Servants for this may be every Mans Case We know very many good Gentlemens Sons serve Bishops and how can they reward their long and faithful Services but only by means of granting over of these Fines or some other means out of their Spiritual Function But this Act is good for the Courtier but I may speak no more of that point Lastly Mr. Speaker my self am Farmer to a Bishop and I speak this as in my own Case on my knowledge to the House that it is ordinary upon every Grant after four or five years ever 〈◊〉 and take a new Lease but I refer it to the consideration of the House to do their Pleasure 〈◊〉 Only this I can certifie That I have 〈◊〉 〈◊〉 of the Bill the last Parliament exhibited to this purpose which I having confer'd together with the present Bill do find them to be word for word all one And the last was rejected Whereupon this was also as is before-mentioned rejected Thus far out of the afore-mentioned private Journal the residue of this days Passages that follows are transcribed out of the Original Journal-Book of the House of Commons it self The Bill that Plaintiffs in Writs of Error shall give good Bayl was read the second time and committed unto Mr. Carie Mr. Tanfield and others who were appointed to meet upon Monday next in the Middle-Temple Hall at two of the Clock in the Afternoon The Bill against fraudulent Administration of Intestates Goods was upon the second reading committed unto the last former Committees in the Bill for Writs of Error to meet at the same time and place The Bill against excessive and