though the Original be imbezelled to which this House had made an Addition and a Proviso for the Heir of the Earl of Kent and were sent up to the Lords by M r Chancellor of the Dutchy The Bill also for repairing of Sea-Marks Marriners and Watermen was read the third time and passed upon the question The Bill for the Subsidy of the Clergy of Canterbury was read the third time and passed upon the question The Bill for engraving of Alneagers Seals by the Graver of the Mint in the Tower of London was read the third time and two other Bills had each of them their second and third reading of which the first was the Bill for the avoiding of excess in Apparel but no mention is made that they passed the House The Bill that Hexamshire shall be of the County of Northumberland and parcel of the Bishoprick of Durham was read the third time and passed upon the Question Three Bills also had each of them one reading of which the first being the Bill for buying of Woolls out of Caermarthen Cardigan and Pembroke and the third for keeping the Assizes in Lancaster were each of them read the second time and dashed upon the question The Bill against carrying over Sea of Rams Lambs or Sheep alive The Bill against carrying over of Pelts or Tann'd-Leather And the Bill for the Market of Battell to be kept at Battell were each of them read the second time and Ordered to be ingrossed The General Bill to avoid Fairs and Markets on Sunday to the next work-day following was read the first and second time The House being moved with a Commission for Execution of penal Laws Dated the third day of December last appointed divers Committees whose names through the Clerks great negligence are wholly omitted in the Original Journal-Book of the House of Commons to move the Lords to be a means for the revoking of the said Commission to which their Lordships agreed conceiving with the Commons that Edmond Matthew John Elliot and Robert Reynold the Commissioners nominated and authorized in the said Commission were not fit persons for the Execution of the same On Monday the 23 th day of December Four Bills of no great moment had each of them one reading of which the third being the Bill against carrying over Sea of Rams Lambs and Sheep alive was read the third time and passed upon the question The Bill for the Clothing Town of Wonersh in Surrey was read the third time but as yet passed not the House The Bill for helping of Havens and Ports of the Sea was read the second time Seven Bills with three others were sent up to the Lords by M r Vice-Chamberlain of which one was the Bill for the making of White and Bay Salt and another for the Subsidy of the Clergy of Canterbury Report being made upon the Bill for Apparel it was upon the question dashed The Bill for continuance of divers Acts of Parliament with Addition for transporting of Grain was read the second time A Report was made upon the Bill for Cloth-making in the Town of Wonersh in the County of Surrey and a Proviso being read the first second and third time thereunto added by the House the Bill was upon the question dashed The Bill for the Queens Majesties Pardon and the Bill for Tonnage-Wares with some words added unto them were brought from the Lords by M r Attorney which said Bill touching Tonnage-Wares to put out Wines c. was read the first time and dashed upon the Question On Tuesday the 24 th day of December the Bill for the Queens Majesties general and beneficial Pardon unto the 26 th day of December in the eighth year of her Highness Reign was read the first time and accepted by the Commons The Bill for continuance of divers penal Statutes was read the third time and passed upon the question and was sent up to the Lords by M r Chancellor of the Dutchy The Bill for the Alneagers Seals to be graved in the Tower was read the fourth time or rather as it should seem some Additions or Amendments thereunto annexed and dashed upon the question The Bill touching Sheriffs Under-Sheriffs and Bailiffs of Liberties to take Oaths was read the third time and upon the Question dashed The Bill for continuance of Statutes was brought from the Lords to take away all the Provisoes and Articles besides only the continuance of the Acts was upon the question and division of the House dashed viz. with the Bill sixty one and against it ninety seven M r Attorney and M r D r Lewis brought word from the Lords that their Lordships had Adjourned their House until Monday next Whereupon M r Speaker with the advice of this House Adjourned the Parliament until Saturday next and then it was Ordered that the House should then be called to see and consider the defaults On Saturday the 28 th of December the House was called and Adjourned until Monday then next following On Monday the 30 th day of December the House was called again and Adjourned further till Thursday next following because the Lords above had so Adjourned their said House On Thursday the second day of January the Defaulters were called and twelve allowed by the House to make default D r Huicke sent in word from the Lord Keeper that the Lords had Adjourned their House until one of the Clock in the Afternoon The Almes given this day by the House for relief of the Poor amounted to the sum of nineteen pound ten shillings to be paid by M r Henry Knolles Sen. and M r Grimston two Members of the said House Post Meridiem In the Afternoon about three of the Clock the Queens Majesty sitting in the Upper House of Parliament the Knights Citizens and Burgesses of the House of Commons with Richard Onslow their Speaker having had notice thereof repaired thither where the said Speaker made an Excellent Oration of above one hours length tending to the expression of the great goodness of Almighty God shewed unto this Realm by the quiet Government of the Queens Majesty and shewed also the strength of Laws And after thanks to the Queens Majesty for her Gracious Pardon offered the Subsidy and the Pardon And when the Lord Keeper had made a short Answer to the special points of the Oration of the Speaker and that the Queens Majesty had given her Royal Assent to thirty four Acts viz. nineteen publick Acts and fifteen private immediatly it pleased her said Majesty to declare in a most Excellent Phrase of Speech and Sentence that she seemed not pleased with the doings of the House of Commons for busying themselves in this Session with matters which did not appertain at this time unto them intimating doubtless thereby their too violent and eager prosecution of those two great businesses touching her Marriage and Declaration of a Successor in default of Issue of her own Body but in the end of her said Speech she concluded with
were indorsed in the upper or higher part of the same which the said M r Treasurer and the rest at this time sent up to the Upper House with the aforesaid three Bills did accordingly impart to their Lordships Vide plus de ista materia on Monday the 21 th day of this instant December following The Bill for Hue and Cry was read the second time during the absence of M r Treasurer and the rest as aforesaid The reading of which Bill being ended M r Treasurer and the residue returning from the Lords brought word that he the said M r Treasurer imparted unto their Lordships the Request of this House for Conference with their Lordships both for the Bill touching the Sabbath de qua Billa vide on Wednesday the 17 th day of March ensuing and also for the Petitions of the griefs of this House unto both which the Lords said they would by and by send their Answer Vide concerning Petitions on Thursday the 25 th day of February ensuing M r Vice-Chamberlain declared unto this House That her Majesty graciously considering the great pains and careful travel of this House in the Service and Affairs of the Realm hath determined upon Monday next to adjourn the Court of Parliament until some other convenient time after Christmas that such Gentlemen and other Members of this House may the more conveniently repair home to their houses in the mean time for their better ease and recreation And so moved further That as before that time of Adjournment being upon Monday next there can nothing of great moment possibly be prepared to passing so he wished that the same short time may be imployed in the speeding of such Bills as are nearest to the passing and mentioned some of those which came unto us from the Lords and that the residue may rest in the same case of furtherance in the mean time as now they are in M r Serjeant Gawdy and M r Doctor Ford did bring from the Lords again the Bill for the restitution in blood of the Lord Thomas Howard amended in the indorsement viz. indorsed under the Bill and the former indorsement above razed out The Bill for restitution in blood of the Lord Thomas Howard was sent up to the Lords by M r Treasurer and others and also the Bill for paving of the Town of Newark upon Trent the Bill for the Town of Caernarvon and the Bill for fraudulent Conveyances all which came from their Lordships before not rightly indorsed were sent up to their Lordships to have the same indorsements reformed and amended as that in the Bill for the Lord Thomas Howard was before amended The Bill for the true answering of the Debts of Edward Fisher was read the first time Vide on Monday the 22. day of February ensuing M r Richard Lewkenor one of the Committees in the Bill to avoid partial Juries and Tryals in the name of himself and the residue of the same Committees brought in the old Bill and also a new Bill praying that the same new Bill may be read accordingly The Bill for reformation of Errours in Fines and Common Recoveries in the twelve Shires of Wales was upon the second reading committed unto M r Sollicitor Sir William Herbert M r Penruddock M r David Williams and others who were appointed to meet upon Thursday next in the Afternoon in Lincolns-Inn-Hall After which the Bill for continuance and explanation of divers Statutes had its second reading M r Serjeant Gawdy and M r Doctor Barkeley did bring from the Lords the Bill touching the Sabhath day with Message from their Lordships that they can find by no Precedent that they can now add any thing at all upon our Conference to their former Additions inserted into the said Bill and do think withal that those things we desire are already provided for in their said Additions as the Bill now standeth and do therefore pray that being so good a Bill as this is they will have care it do not miscarry and so departed Whereupon it was then thought good to reserve the Bill in state as it was till it may be further considered of by view of the Precedents of this House in like cases And Sir Thomas Heneage M r Sollicitor M r Recorder Sir William Moore M r Cromwell and M r Sandes were appointed to search the Precedents of this House for that purpose in the mean time of the next sitting of this Court after the said Adjournment Vide plus de ista materia on Wednesday the 17 th day of February ensuing The Bill for the preservation of Grain was ordered upon the Question to be discontinued and divers others of no great moment as touching Ecclesrastical Livings Maintenance of the Navy and the like were continued until the end of this Adjournment which was now drawing on on Monday next being the 21 th day of December And the Committees appointed for the continuance of them were these following viz. M r Vice-Chamberlain M r Chancellor of the Exchequer Sir Thomas Heneage Sir Thomas Cecil Sir William Moore M r Sollicitor M r Lieutenant of the Tower Sir Richard Knightley M r Francis Hastings Sir Nicholas Woodroofe M r Dannet M r Haymond M r Cromwell M r Owen M r Rawleigh M r Grafton Sir Francis Drake M r Doctor Hammond M r Wolley M r Grice Sir Henry Nevill Sir John Peter Sir William Drury Sir Robert Conestable Sir Robert Germin Sir Henry Cock who were appointed to meet on Thursday after Christmas-day in the Afternoon at two of the Clock at Ely place After M r Vice Chamberlain's late former Speeches delivered unto this House of her Majesties good and grateful acceptation of the earnest and dutiful care and proceedings of this House in providing for the safety of her most Royal Person and of her Highnesses said most loving and favourable regard of adjourning this Court of Parliament for some such convenient time as during which the greater part of the Members of this House may at their pleasure repair home to their dwellings as well for their better recreations and ease as for their further dealing in their own private affairs it was moved by Mr. Speaker That some due form or course of yielding unto her Majesty most humble and dutiful thanks for the same her said Highnesses most honourable and gracious acceptation and consideration in the name and behalf of this whole House in most loyal humble dutiful and obedient manner may be considered of and devised Whereupon after a few Speeches resolved and prayed that the same should and might be done most fitly and conveniently by those honourable Personages Members of this House which are of her Majesties most honourable Privy Council who being then present did very willingly and honourably undertake to execute the same most faithfully and effectually On Monday the 21 th day of December three Bills of no great moment had each of them one reading of which the first being the Bill for the true payment of
Souldiers as shall be found to have most need thereof The like whereof the Commons Assembled in this Parliament have Ordered For all the Members of that House that are absent and have not paid are to contribute in double manner Which Order is thought very just considering the Lords and others who have been absent and have been at no charge to come up and give their Attendance may very reasonably and with a great saving to their Charges contribute to this Order And if any Lord Spiritual or Temporal shall refuse or forbear thus to do which is hoped in Honour none will do there shall be ordinary means used to levy the same On Friday the 6 th day of April to which day the Parliament had been last continued four Bills of no great moment had each of them one reading of which the second being the Bill for avoiding deceits used in sale of twice laid Cordage for the better preservation of the Navy of this Realm was read tertia vice conclusa Eight Bills were sent up to the Lords from the House of Commons of which the last was the Bill to make void the Spiritual Livings of those that have forsaken the Realm and do cleave to the Pope and his Religion On Saturday the 7 th day of April Two Bills of no great moment had each of them one reading of which the first being the Bill for rating of the Wages of Spinners and Weavers and to reform the falsities of Regrators of Woollen Yarn was read primâ vice On Monday the 9 th day of April to which day the Parliament had been last continued three Bills were each of them read secundà tertiâ vice and so expedited of which the second was the Bill for the bringing of fresh Water to the Town of Stonehouse in the County of Devon Eight Bills also this Morning were sent up to the Lords from the House of Commons of which the first being the Bill for the Naturalizing of Justice Dormer and George Sheppy being born beyond the Seas of English Parents and to put them in the nature of meer English was read primâ secundâ vice But it doth not appear whether this Bill were committed or no which did not only happen in this place by the negligence of M r Anthony Mason at this time Clerk of the Upper House but also through the whole Original Journal Book of the said House this Parliament in all which although divers Bills are said to be read the second time yet it is not at all expressed whether they were thereupon Ordered to be ingrossed or further to be considered of by some select Committees of the House one of which of necessity must be put in Execution upon the said second reading of a Bill both in the Upper House and that of the House of Commons unless the Bill have its third reading also at the same time and pass the House or else be dasht upon the question and so cast out of it This Morning finally Whereas a Bill Intituled An Act touching Power and Liberty to repeal certain uses of a Deed Tripartite herein mentioned of and in certain Lands Mannors and Tenements of Anthony Cooke of Romford in the County of Essex Esquire hath been heretofore three times read and assented unto by the Lords in the which Bill there is no Saving to the Queens Majesty or any other person or persons of their lawful Estates or Titles This day there was a Saving drawn for her Majesty and all others which was offered to this House and some question and ambiguity did grow whether the Saving should be now added to the Bill And in the end it was resolved that the Saving should be added to the Bill for that it is usual and requisite to have some Saving in every Bill and for that there was nothing in the Saving contrary to any matter in the Bill and that her Majesties Right and all other be saved thereby Nevertheless upon weighty considerations the Lords have Ordered that this shall not hereafter be drawn to make any Precedent On Tuesday the 10 th day of April in the Morning were two Bills read of which the second being the Bill for the Queens most gracious and general free Pardon was read primâ vice and so passed upon the question Nota That the Bill or Act for the Queens general Pardon passeth each House upon the first reading Whereas other Bills cannot be expedited without being read three times both by the Lords and the Commons The Queens Majesty came not till the Afternoon and therefore in this place through the negligence of the Clerk the continuing of the Parliament until some hour in the Afternoon is omitted which should have been inserted in these words viz. Dominus Custos magni Sigilli continnavit praesens Parliamentum usque in horam c. à Meridie Between five and six of the Clock in the Afternoon this present Tuesday being the tenth day of April the Queens Majesty accompanied with her Officers and daily Attendants came to the Upper House and as soon as her Majesty with the Lords Spiritual and Temporal and the rest that have place there were set the Knights Citizens and Burgesses of the House of Commons having notice thereof came up with their Speaker bringing with them the Bill of Subsidy The said Speaker being placed at the Bar at the lower end of the Upper House and as many of the House of Commons as could conveniently being let in after Humble Reverence done to her Majesty spake as followeth THE High Court of Parliament most High and Mighty Prince is the greatest and most ancient Court within this your Realm For before the Conquest in the High places of the West-Saxons we read of a Parliament holden and since the Conquest they have been holden by all your Noble Predecessors Kings of England In the time of the West-Saxons a Parliament was holden by the Noble King Ina by these words I Ina King of the West-Saxons have caused all my Fatherhood Aldermen and wisest Commons with the Godly men of my Kingdom to consult of weighty matters c. Which words do plainly shew all the parts of this High Court still observed to this day For by King Ina is your Majesties most Royal Person represented The Fatherhood in Ancient time were these which we call Bishops and still we call them Reverend Fathers an Ancient and chief part of our State By Aldermen were meant your Noblemen For so honourable was the word Alderman in Ancient time that the Nobility only were called Aldermen By Wisest Commons is meant and signified Knights and Burgesses and so is your Majesties Writ de discretioribus magis sufficientibus By Godliest men is meant your Convocation-House It consisteth of such as are devoted to Religion And as Godliest men do consult of weightest matters so is your Highness Writ at this day pro quibusdam arduis urgentibus negotiis nos Statum defensionem Regni nostri
more in Kingdoms as it plainly appeareth by the two Kingdoms of Israel and Judah Unto the Kingdom of Judah containing but two Tribes or thereabouts God gave Lineal Succession by Descent of Kings and therefore it continued a long time The Kingdom of Israel containing ten Tribes or thereabouts often destitute of lawful Heirs the one half of the people following the one and the other half following the other by Wars and Seditions being weakned came soon to ruine as plainly appeareth by the third and fourth Book of Kings And again in the time of the Judges because there was no ordinary Succession the people were often-times overcome and carried into Captivity Besides it is plain by the Scriptures that Godly Governors and Princes as Fathers of their Countries have always been careful to avoid the great evil that might ensue through want of limitation of Succession therefore Moses did enjoin Joshua to be his Successor and David his Son Solomon whereby a Sedition was appeased begotten by Adonijah of this there be many Examples Further seeing it may be easily gathered by Experience of all Ages past that Civil Wars effusion of Christian Blood and consequently ruines of Kingdoms do follow where Realms be left without a certainty ofSuccession and your Majesty is also informed of the same and sued unto for redress if therefore now no sufficient remedy should be by your Highness provided that then it should be a dangerous burthen before God to your Majesty and you were to yield a strict account to God for the same considering you are placed as the Prophet Ezechiel saith in Altissimo speculo of this Common-Wealth and see the Sword coming and provide no remedy for the defence of it Lastly The Spirit of God pronounceth by the Mouth of S t Paul to Timothy that whosoever maketh no due Provision for his Family is in very great danger to Godward and also by the Mouth of S t John that whosoever seeth but one Brother in necessity and doth shut up the Bowels of Pity and Compassion from him hath not the Love of God remaining in him whereby it is plain and manifest how fearful a thing it were if this whole Realm containing so many Families were not in a perillous Case upon their Suit provided for or if the Bowels of Mercy should be shut up from so many thousands which every way were like to fall into most extream miseries if God should call your Highness without certainty of Succession which we pray to God may never happen Most Excellent Princess the places of Scriptures containing the said threatnings be set forth with more sharp words than be here expressed Thus most Gracious Soveraign your Lords and Nobles both Spiritual and Temporal have as briefly as they can first shewed to your Majesty how diversly they take themselves bound to make these their humble Petitions unto you And then what their Petitions be And after that what reasons for Worldly respects and what by the Scriptures and for Conscience sake have moved them thus to do which here upon their Knees according to their bounden Duty they most humbly and earnestly pray your Majesty to have consideration of in time and to give them such favourable and comfortable Answer to the same that some good effect and conclusion may grow before the end of the Session of this Parliament the uttermost day of their greatest hope whereby this Common-Wealth which your Highness found to be lateritia as Augustus did his and by your great Providence is now come to be marmorea shall not for want of performing this if God shall call your Highness without Heir of your Body be in more dangerous Estate and Condition than ever it was that any man can remember True it is that this Suit is made by my Lords not without great hope of good success by reason of the Experience that they have had of your bountiful goodness shewed to them and the rest of your loving Subjects divers and sundry ways since the beginning of your Reign which they pray to God long to continue to his Honor with all Felicity The Petition of the Lords being thus set down of which it cannot be absolutely and undoubtedly determined whether it were preferred this day or no Now in the next place must follow her Majesties Answer which was without all doubt given this Afternoon to the before-mentioned Lords and those other thirty Members of the House of Commons yet there is no mention at all thereof either in the Original Journal-Book of the Upper House or in that before-cited Memorial or Diary of the greatest part of the passages of her Majesties Reign collected and set down by Sir William Cecill at this time her Majesties Principal Secretary and therefore the greatest light of it being gathered out of the Original Journal-Book of the House of Commons containing the agitations of this Session of Parliament de An. 8 Regin Eliz. fol. 266. A. where on the Forenoon of the next day ensuing this Afternoon being Wednesday and the 6 th day of this instant November report thereof was made to the said House by Sir Edward Rogers Knight Comptroller of her Majesties Houshold and Sir William Cecill her Highness Principal Secretary above-mentioned it doth plainly appear that touching her Marriage her Majesty gave them some hope of it but excused her self in not declaring a Successor in respect of the great danger thereof and therefore comparing this with that which M r Camden hath set down touching this Answer in Annal. Regin Eliz. edit Lugdun Batav A. D. 1625. pag. 101 102. it may very well be gathered and it is most likely that that Answer of her Majesty of which I had a Copy by me being erroniously placed as that also of Sir Robert Cottons is in the first Volume of his Parliamentary Journals being very imperfect and fragmentary amidst the passages of the Parliament of the fifth year of her Majesties Reign that that Copy I say contains the Answer which her Majesty gave at this time to the before-mentioned Lords and others being as followeth save only that through often transcribing without comparing it should seem it is somewhat defective SInce there can be no duer Debt than a Princes word to keep that unspotted for my part as one that would be loth that the self same thing that keepeth Merchants Credit from craze should be the cause that a Prince's Speech should merit blame and so their honor quail Therefore I will an Answer give and this it is The two Petitions that you presented me which must doubtless relate to the two several parts of one and the same Petition viz. the Marriage and the Succession and might not improperly be so called though couched in one Body and as the words also following do in manner explain it expressed many words which contained in sum these two things as of your cares the greatest My Marriage and my Succession Of which two I think the last best to be touched and of
comfortable words and commanded the Parliament to be dissolved Nota That this business had many and long Agitations in the House of Commons who were especially violent in that latter branch of it touching the Declaration of a Successor as see more at large on Monday the 25 th day of November foregoing and lastly I have thought good to give a short touch that all the foregoing passages of this Afternoon touching her Majesties Presence Royal Assent Speech and Dissolving the Parliament were thus Orderly set down in the Original Journal-Book of the House of Commons and have here received little Alterations THE JOURNAL OF THE House of LORDS The Journal of the Proceedings of the House of Lords in the Parliament holden at Westminster An. 13 Reg. Eliz. A. D. 1571 which began there on Monday the 2 d day of April and then and there continued until the Dissolution thereof on Tuesday the 29 th day of May ensuing THIS Journal of the Upper House continuing about the space of two Months was very carelesly entred in the Original Journal-Book of the Upper House by the Clerk thereof who as it seems was Anthony Mason Esq succeeding about this time in the said Office of Clerk of the Upper House unto Francis Spilman Esq who had formerly supplied that place But yet by means of a Copious Journal I had by me of the Passages of the House of Commons in this Parliament taken by some Anonymous Member thereof and also of some Copies I had of the Speeches of Sir Nicholas Bacon Lord Keeper at the beginning and conclusion of this said Parliament this ensuing Journal is much enlarged And therefore to avoid confusion whatsoever is here inserted out of the said private Journal is particularly distinguished from that which is taken out of the above-mentioned Journal-Book of the Upper House by some Animadversions or Expression thereof both before and after the inserting of it Neither doth the Original Journal-Book it self of the Upper House want some matter of variety besides the ordinary Reading Committing and passing of Bills in respect that Sir Robert Catlyn Knight Lord Chief Justice of the Kings Bench was appointed by her Majesties Commission under the Great Seal to supply the Lord Keepers place upon occasion of his sickness during some part of this said Parliament in the first entry whereof is set down out of the foresaid Anonymous Journal of the House of Commons her Majesties coming to the Upper House with the Order and manner of it the substance also of which is found though somewhat more briefly set down in the Original Journal-Book of the same House On Monday the second day of April the Parliament beginning according to the Writs of Summons sent forth her Majesty about eleven of the Clock came towards Westminster in the antient accustomed most honourable Passage having first riding before her the Gentlemen Sworn to attend her Person the Batchellors Knights after them the Knights of the Bath then the Barons of the Exchequer and Judges of either Bench with the Master of the Rolls her Majesties Attorney General and Sollicitor General whom followed in Order the Bishops and after them the Earls then the Archbishop of Canterbury The Hat of Maintenance was Carried by the Marquess of Northampton and the Sword by the Earl of Sussex The place of the Lord Steward for that day was supplied by the Lord Clinton Lord Admiral of England the Lord Great Chamberlain was the Earl of Oxenford And the Earl Marshal by Deputation from the Duke of Norfolk was the Earl of Worcester Her Majesty sate in her Coach in her Imperial Robes and a Wreath or Coronet of Gold set with rich Pearl and Stones over her Head her Coach drawn by two Palfries covered with Crimson Velvet drawn out imbossed and imbroidered very richly Next after her Chariot followed the Earl of Leicester in respect of his Office of the Master of the Horse leading her Majesties spare Horse And then forty seven Ladies and Women of Honour The Guard in their rich Coats going on every side of them The Trumpeters before the first sounding and the Heralds riding and keeping their rooms and places Orderly In Westminster Church the Bishop of Lincoln Preached before her Majesty whose Sermon-being done her Majesty came from the Church the Lords all on foot in order as afore and over her Head a rich Canopy was carried all the way She being entred into the Upper House of Parliament and there sate in Princely and seemly sort under a high and rich Cloth of Estate her Robe was supported by the Earl of Oxenford the Earl of Sussex kneeling holding the Sword on the left hand and the Earl of Huntingdon holding the Hat of Estate and the Lords all in their Rooms on each side of the Chamber that is to say the Lords Spiritual on the right hand and the Lords Temporal on the left Nota That whereas the presence of these Lords ought here according to the usual course to have been inserted out of the Original Journal-Book of the Upper House it must of necessity be omitted in respect that through the great negligence of Anthony Mason Esq at this time as it should seem Clerk of the said House there are none of the said Lords noted to have been present yet it may be probably guessed who they were by those who attended on Wednesday of this instant April ensuing Quod vide The Judges and her Learned Councel being at the Woollsacks in the midst of the Chamber and at her Highness Feet at each side of her kneeling one of the Grooms or Gentlemen of the Chamber their Faces towards her the Knights Citizens and Burgesses all standing below the Bar her Majesty then stood up in her Regal Seat and with a Princely Grace and singular good Countenance after a long stay spake a few words to this effect or thus Mr right Loving Lords and you our right faithful and Obedient Subjects we in the name of God for his Service and for the safety of this State are now here Assembled to his Glory I hope and pray that it may be to your Comfort and the common quiet of our yours and all ours for ever And then looking on the right side of her towards Sir Nicholas Bacon Knight Lord Keeper of the Great Seal of England standing a little beside the Cloth of Estate and somewhat back and lower from the same she willed him to shew the cause of the Parliament who thereupon spake as followeth THE Queens most Excellent Majesty our most Dread and Gracious Soveraign hath Commanded me to declare unto you the Causes of your Calling and Assembly at this time which I mean to do as briefly as I can led thereunto as one very loth to be tedious to her Majesty and also because to wise men and well-disposed as I judge you be a few words do suffice The Causes be chiefly two The one to establish or dissolve Laws as best shall serve for the Governance of the Realm
all times it is to be prevented Where it is said the like hath not been seen and a Miracle made of it as if there were never former Presidents ever seen of the like or ever heard of before It is no longer since than in Queen Maries time when to the Parliament it was suggested that the Congregations in the City of London Assembled did use this kind of Prayer to God either to convert her or confound her Whereupon it was Enacted that every person who so and in such sort had prayed or who so after should pray should be taken for a Traytor The Case of Bennet Smith is not so strange nor so long since but it may be remembred his transgression was not such nor so to be adjudged at the time of the offence perpetrated as it was afterwards yet by Authority of Parliament the offence precedent was from the old nature altered and he who before at the time of the offence until the making of the Law was not to be priviledged but by his Clergy was now by an Act made after by Judgment Executed And since in the Case of a private man as was this of Bennet Smith such consideration and such good discretion was used who can imagine it to be odious Nay who is it that would not the like or greater care to be had of a Prince and especially of so good and virtuous a Prince as she for whom our Conference is now But yet we are charged with partial affection unsetled minds and doubleness Whether this Speech now be an offence to the House he earnestly craved the Judgment of the House For that it might seem by the Gentlemans earnestness who spake that some one his Friend whom he was bent to serve would be touched Whereupon for his own part he eft-soons protested he had no certain resolution with himself of any title but was to be satisfied with the consent of that Assembly howsoever adding further if his Motions might so sort as they were liked he offered this Proviso to be added That if any such person who had made any such claim shall disclaim and renounce all Title during her Highness Life the same person c. to be then restored to the old Estate M r Comptroller after some Declaration of grief perceiving the matter grow to heat as verily the greatest number of the House were more than moved with the vehemency of M r Goodiers Speech and that men were disposed to talk at large of matters contrary or repugnant to the Bill moved that it might be severed because the first part came in and was exhibited to that House by her Majesties Learned Councel the other was but the advice of a private man which advice though it justly deserved Commendation yet was it not in his fancy to be joined with that which came in other sort M r Snagg argued to this effect that in making of Laws plainness of Speech should be used all intrapments to be shunned and avoided And here he moved why the Statute of Edw. 3. whereby it is Enacted that all such who shall endeavour compass or imagine the Death of the King c. should be Traytors c. should not be said sufficient reaching as far and comprehending as much as this latter advice For the regard of the time past he said he could have no good liking thereof and what was practised in Queen Maries time under Correction he took to be no Charitable President concerning the Authority of the Parliament he did conclude nothing but said it was a prevention Sir Francis Knolles shewed that he could not utterly dislike the conjoining of the Additions sith that they rise all of one ground and that they both are good and charitable whereof he acknowledged her Highness to have Intelligence and the cause already to have been in Conference by her Councel And for the word hath he saith it contained no such absurdity but with good zeal it might be maintained And therefore such vehemency and sharpness of Speech he said was more than requisite yea more than convenient And as for the obscurity he said of men that would mean well it could not be misconstrued and to stay or prevent devices past he thought it but honest Policy which being otherwise used in a Princes case is not to be disliked He remembred her Highness unwillingness to punish such offences and therefore though the Law be sharp yet such is her Mildness that if any have offended for so much as may concern her person surely he thought it would not be Executed and her Clemency tempered with Authority could never grow to Cruelty wherein what his Conscience was he thought not fit to make further shew thereof but simply and plainly he would deal herein not meaning to treat in such sort as if he thought to deserve thanks or any thing of her Majesty for what he did he did it also as mindful of his own safety Another then spake whose name is not expressed in the aforesaid Anonymous Journal shewing the weight of the matter which was then in hand to rest as well on the general safety of the Subjects as on the preservation of her Majesties Person and therefore he could not but approve the effect of the whole both in Bill and Addition albeit for the pains in the Bill he was somewhat variant from that which was there offered and in the understanding of some words he was doubtful as for the word compassing he made some question of this bodily hurt he had no perfect Intelligence since the hurt of body may grow by grief of mind and grief of mind perhaps by small cause He also said that saving in the Statute of 27 H. 8. he hath not read it But further he said that he that would not allow her for lawful Queen in his conceit should also be called a Traitor but for the speaking of those most slanderous words of Heretick Infidel Schismatick he would not any man to be for the first offence taken as a Traytor for that the not acknowledging of the Supremacy being a far greater offence is but the pain of Praemunire And therefore except the same offence also might be made Treason he could not like thereof But if it should so seem to them good that it should be as he indeed wished then was he well pleased to put them both to one Predicament And for the word Heretick he said that the Papists all of force must be forced to say her Majesty is one or that they themselves must be content to carry the name and to be noted Nomine as they are ' re veritate Hereticks which name they willingly will not bear He further said that with the rest of those words of slander he thought it might do well to insert the name Papist That if any man should say her Majesty to be an Infidel Papist or Heretick c. to be a Traytor for that some say there are in these days that do not spare to say
to be used to the Glory of God and Ministry of his Word The second part to be holden for defence against our Enemies by the Sword The third for maintenance of our livelihood at home and for necessary imployments here Of these three grounds in the first division there groweth to our knowledge three sorts of men the Ministers and Teachers of the Gospel of whom we must have care and with whom in making of Laws we must conferr if we will be Christians The second are the Nobility Knights and Souldiers the Defenders and Fortresses against our Enemies The third sort be the Providers Devisors and Executors of all things necessary commodious or seemly for a setled Estate which hath the happiness to live there where is Pax Justitia for increase of our Wealths sustenance of our Laws the governing of bodies or what else soever is necessary for us such are the Counsellors such are the Judges and Ministers of the Laws such be the Tillers of the Earth such be Merchants such be Victuallers and in this degree be those who do use Manual and Mechanical Arts. Of all these in like sort as of the others regard care and respect must be had they throughly consulted with the general and particular States are by them to be known if we mean to proceed for the Publick Weal or endeavour in the same a true perfection These last sort making one kind are most ample and thereto most effectual to be dealt with as yielding to the rest supplementum consilium auxilium The second sort is likewise most necessary to be thought of The first are best and first to be followed but those are all to be in one knot conjoyned and as members of one body in one to be used We may in regard of Religion lye in the Dike as the Proverb is long enough without our own aid if we do nothing but pray for the help of Hercules We may not trust only to the Sword lest the common known Saying of Cicero should turn to our shame Parva sunt soris arma nisi Consilium Domi. Neither our Preaching nor our praying to God are only sufficient but withal we must do our endeavours and help each other since for the driving away of a Dog there is as the Country-man saith some virtue in a stone if it be conjoyned with S t John's Gospel I mean that every part of the body should do his own part to the aid of the other the hand to help the hand the foot to help the foot c. This hath moved our Forefathers and on this ground hath it grown that in this Court where we are to consider of all and as occasion may serve to alter constitute or reform all things as cause shall be that we do know all sorts of men so far as may be to help all How may her Majesty or how may this Court know the estate of her Frontiers or who shall make Report of the Ports or how every Quarter Shire or Country is in state We who never have seen Berwick or S t Michael's Mount can but blindly guess of them albeit we look on the Maps that came from thence or see Letters of Instruction sent some one whom Observation Experience and due Consideration of that Country hath taught can more perfectly open what shall in question thereof grow and more effectually reason thereupon than the skilfullest otherwise whatsoever And that they should be the very Inhabiters of the several Countries of this Kingdom who should be here in times certain imployed doubtless it was the true meaning of ancient Kings and our Forefathers who first began and established this Court But leaving what I cannot reach unto the first constitution and freedom of this Court the old President of Parliament-Writs do teach us that of every Country their own Burgesses should be Elected the Writ to the Sheriff and Burrough is directly so and the Writs to the Cities being Counties are Quod ex vobis ipsis eligatis duos Cives c. which do prove it to be so the Statute in the 1 H. 5. for the Confirmation of the old Laws was therefore made and not to create a new unknown Law and that other in the .... H. 6. was made to redress the mischief which by breach of that old Law did grow These do conclude it without contradiction that for that time it was thought fit to continue the ancient Use Liberty and conveniency of Service We know that such as have spent their whole time in Service or have seen only the manner of Government of other Nations and can tell you how the Crown of France is delivered out of Wardship or otherwise tell a Tale of the King of Castile and Portugal how they in making of Laws do use their own discretion the King of Denmark useth the advice of his Nobles only and nothing of his Commons nor can paint you out the monstrous Garments of the common People in some parts of Germany or the mangled Common-Wealth of the Allies or shadows of the great Cities which now are to be seen in Italy surely all those men except they know also our own homes are not to be trusted to conclude for our own Home-Affairs Doubtless the best learned for matters of Commodity to be raised or to be wrought in his own Country may happily give place to his own Neighbours even as wisely and learnedly a Gentleman said of late In every Commitment according to the matter there must be a Declaration of men as for Merchandize the Merchant and so forth Unicuique in suâ arte perito credendum we hold for a Maxime And I mean this wholly to no other end but since we deal universally for all sorts and all places that there be here of all sorts and all Countries and not seeing you list so to term it thus to ease them of Towns and Boroughs that they may chuse at liberty whom they list yet can I hardly call that a Liberty which is contrary to that which the King and the Queen commonly granteth as a free gift and by these words Et de majori gratiâ meâ c. dedimus potestatem c. quod de se ipsis eligant duos Burgenses or duos Cives we take it more for a man to have of his own than to have by any mans discretion of another It hath been of late oft and well said that to nominate another to a Benefice is nothing worth in value but if it be that a man may take the benefit himself that is both valuable and estimable that cannot hurt that is ever good for me if it be ever tied in nearest sort unto me and for this reason we say in Law that the Estate Tail which must continue in our own Blood is better than the Estate in Fee simple which may be got further from us and is to be given to Strangers at pleasure mischiefs and inconveniences there may grow by this Liberty but a
Oration unto the whole Assembly did in the end declare unto the Knights Citizens and Burgesses of the said House of Commons that it was her Majesties will and pleasure that they should go together unto their own House and there amongst themselves should chuse a Speaker and of the day of his Presentation her Majesty would hereafter give them further Order Whereupon they departed thence and came into their own House where being set and the number appearing upon the view not to be much less than the whole Sir Francis Knowles Knight Treasurer of her Highness's Houshold stood up and put them in mind how lately the Lord Chancellor had signisied unto them her Majesties pleasure for the choice of a Speaker And further added that for his part he did very well allow of M r Serjeant Puckering as of a very able Member of the said House to be chosen into the said place and to undergo it yet nevertheless did leave every man to his own free opinion to nominate any other of whom they might think better After whose Speech many of the said House named also M r Serjeant Puckering and none was heard to disallow or speak against the said choice whereupon M r Treasurer standing up again did then and there put it to the question asking them whom they would be pleased to allow of for their Speaker and to name him To which the greater part of the House making Answer again that they did allow of and chuse the said M r Serjeant Puckering for their Speaker as before he stood up and in a modest and humble Speech disabled himself yet withal acknowledging the great favour of the House unto him in that they had been pleased to nominate and chuse him unto a place of so great charge and weight Which excuse of his being not allowed he was led up between two of the most eminent Personages of the said House unto the Chair and placed in it On Tuesday the 24 th day of November it seemeth the House met not because the Speaker was not yet presented neither is there any mention of the said day in the Original Journal Book of the House of Commons de Anno isto 27 o Reginae Eliz. On Wednesday the 25 th day of November M r Treasurer signified unto the House that her Majesties pleasure was that the Speaker be presented unto her Highness in the Upper House to morrow next at two of the Clock in the Afternoon and therefore willed every one of this House to take notice thereof to the end they may then and there wait upon her Majesty accordingly On Thursday the 26 th day of November the Queens Majesty and divers of the Lords Spiritual and Temporal being set in the Upper House the Knights Citizens and Burgesses of the House of Commons had notice thereof about two of the Clock in the Afternoon and thereupon with John Puckering Serjeant at Law their Speaker Elect they repaired thither the said Prolocutor or Speaker being led up by two of the most honourable Personages of the said House and there having made his excuse according to the usual sorm at the Bar or Rail at the lower end of the Upper House it was not allowed by her Majesty whereupon the said Speaker having with all humble acknowledgement of her Majesties favour submitted himself according to the usual course to the undergoing of the said Prolocutorship made certain Petitions in the name of the House of Commons for freedom of speech of access to her Majesty and immunity from Arrests and Saits for themselves and their necessity Attendants And lastly petitioned for himself that if in any thing he should erre or mistake unwillingly her Majesty would be pleased to pardon it To which Speech the Lord Chancellor delivered her Majesties Answer by her commandment that she was graciously pleased to allow of his said Petitions and therefore wished them to use their said Liberties and Priviledges with moderation and reverence Then the Knights Citizens and Burgesses departing with their Speaker to their own House there was read one Bill only the first time being for the better and more reverent observing or the Sabbath day after the reading whereof the House rose On Friday the 27 th day of November two 〈◊〉 had each of them one reading of which the second being the bill for the better and more reverent observing of the Sabbath day was read the second time and committed unto Sir Walter Mildmay Sir John Higham Sir Francis Drake Mr. Recorder of London Mr. James Dalton Mr. George Moore Mr. Brooke Mr. Doctor Turner Mr. Francis Hastings Mr. Fox Mr. Andersan Sir Richard Greenfield Mr. William Mohun Sir Drew Drury Sir Henry Nevill Sir William Moore Sir Nicholas Woodroose Sir William Herbert Mr. Robert Beale Mr. Edward Popham Mr. 〈◊〉 Mr. Edward Lewkenor Sir Robert Germin Mr. Lieutenant of the Tower Mr. George Carie Sir Thomas Manners Mr. Daniel Mr. John 〈◊〉 Mr. Grice Mr. Richard Prowze Mr. Thomas Brercton Sir Richard Knightly and Sir William Mallory who were appointed to meet this Afternoon at two of the Clock in the Exchequer-Chamber and the Bill was delivered to Sir William Mallory one of the said Committees Nota That this Bill of the Sabbath did not pass the two Houses but another and that also not without great difficulty and long debatement being committed and amendments upon amendments added unto it ut vide on Wednesday the 17 th day of March following On Saturday the 28 th day of November three Bills of no great moment had each of them their first reading of which the first was concerning the better pursuit of Hue and Cry Sir Walter Mildmay Chancellor of the Exchequer taking occasion to speak of the sudden calling of this Parliament at so unseasonable a time of the year and of the likelihood of the short continuance thereof did thereupon declare the same to be called for very urgent and necessary causes Sir Christopher Hatton Vice-Chamberlain of her Majesties Houshold spake next and it seemeth much to the same effect with Mr. Chancellor of the Exchequer but what the very words were or the substance of them is wholly omitted in the Original Journal-Book of the House of Commons although these two Speeches did last about two hours as is afterwards shewed At the end whereof it seemeth further that a Committee was appointed to consider of a Bill to be drawn concerning the matter of Subsidy One being no Member of this House being found to have sit here this present day by the space of two hours during the whole time of the Speeches delivered by M r Chancellor and M r Vicechamberlain as aforesaid did upon Examination confess his name to be Richard Robinson and that he was by occupation a Skinner and dwelt at the Harts Horns in Gracious street London the house of one Mark Fryer a Skinner also his Father-in-law Whereupon himself having been stripped to his shirt and his pockets all searched the Custody and further Examination of
this Journal of the Upper House save only the return of divers unusual Proxies and a Speech used by her Majesty her self at the conclusion of the Parliament which also is supplied out of a certain Journal of the House of Commons very claborately taken by an Anonymus And Sir Christopher Haton the late Lord Chancellor being dead since the last Parliament whose death was occasioned from the grief he conceived at some harsh Speeches of her Majesty used unto him touching divers great sums due unto her from him Sir John Puckering her Highness Serjeant who had been twice before Speaker or Prolocutor of the House of Commons succeeded him in the full power and priviledges of his place though not in his title he having only the Stile of Lord Keeper of the Great Seal of England The Summons for this Parliament being Returnable upon this Monday the 19 th day of February it held accordingly the Queen coming privately by water accompanied with Sir John Puckering Lord Keeper of the Great Seal and many of the Lords Spiritual and Temporal There being present this day these Peers and others ensuing Archiepiscopus Cantuarien Johannes Puckering Miles Dominus Custos magni Sigilli Dominus Burleigh Dominus Thesaurarius Angliae Marchio Wintoniae Comites Comes Oxon. Magnus Camerarius Angliae Comes Darby Magnus Seneschallus Comes Northumbriae Comes Salopiae Comes Cantiae Comes Wigorn. Comes Cumberland Comes Sussex Comes Huntingdon Comes Bathon Comes Pembroke Comes Hartford Comes Essex Comes Lincoln Vice-Comes Bindon Episcopi Episcopus London Episcopus Dunelmen Episcopus Assaphen Episcopus Cestren Episcopus Covent ' Lich. Episcopus Lincoln Episcopus Petriburgen Episcopus Hertf. Episcopus Cicestren Episcopus Bangor Episcopus Wigorn. Episcopus Landaven Episcopus Salopiae Episcopus Bathon Wellen. Barones Dominus Howard mag Maresc ' Adm. Angliae Dominus Hunsdon Camerarius Reginae Dominus Strange Dominus Morley Dominus Stafford Dominus Grey Dominus Scroope Dominus Montjoy Dominus Sandes Dominus Windsor Dominus Cromwell Dominus Wharton Dominus Rich. Dominus Willoughby Dominus Sheffield Dominus North. Dominus Shandois Dominus St. John Dominus Buckhurst Dominus De la Ware Dominus Crompton Dominus Norris And the Queen and the Lords Spiritual and Temporal having on their Parliamentary Robes and having seated themselves in their several places The Knights Citizens and Burgesses of the House of Commons had notice thereof and repaired to the Upper House Where contrary to the Ancient use and Custome they found the door shut upon them which happened by reason that divers of the House and others having gotten in privately before and filled up the place at the Bar or Rayl at the lower end of the said House Sir John Puckering Lord Keeper of the Great Seal by Commandment from her Majesty had already made some enterance into his Speech before the said Knights Citizens and Burgesses had any Notice of it who sate in their own House expecting to be called up to the said Upper House upon her Majesties coming But the door at length being opened by her Majesties Commandment about two of the Clock in the Afternoon as many as conveniently could were let in Where the Lord Keepers Speech was directly in these words following or not much differing from them He shewed in the first place as matter of Preface and Ornament not much material somewhat touching the Antiquity Nature and use of Parliaments Then he came to set forth as the principal matter which her Majesty did desire to have made known and manifest to all her loving Subjects the great Malice of the King of Spain which he had towards this Realm And that he shewed by sundry instances as his last Invasion intended his Forces then addressed out of the Low Countries for that purpose to have been conducted by the Duke of Parma And then he proceeded in the rest of his Oration verbatim or much to the intent and purpose sollowing The high and mighty Ships that then he prepared and sent for that purpose because he found them not fit for our Seas and such a purpose he is building of Ships of a less Bulk after another Fashion some like French Ships some like the Shipping of England and many hath he gotten out of the Low Countries He is now for the better invading of England planting him in Britanie a Country of more facility to offend us than the Low Countries there he hath fortified himself in the most strong Holds of that Country In Scotland he hath of late wrought most of the Nobility to conspire against their King to give Landing to his Forces there and to assist him in his Invasion thither A greater part of the Nobility in Scotland be combined in this Conspiracy and they have received great Sums of Money for their service therein And to assure the King of Spain of their assistance they have Signed and sent their promises sealed to the King This Conspiracy the King of Scots was hardly brought to believe but that her Majesty advertised him thereof having entertained Intelligence thereof as she hath of all things done and intended in those parts And that the King might better advise thereupon her Majesty hath sent one of her Noblemen now into Scotland and the King hath assured her Majesty with all his Ability and endeavour to prevent the Spaniard whose purpose is on the North parts to assault us by Land and on the South side to invade us by Sea which is the most dangerous practice that could be devised against us And now the rage of this Enemy being such his Forces joyned with other Princes his Adherents greater the charge of her Majesty for defence of her Realm both with Forces by Sea and Armies by Land hath been such as hath both spent the Contribution of her Subjects by Subsidies and what otherwise they have offered her and also consumed her Treasure yea caused her to sell part of her Highness's Crown And it is not to be marvelled how all this is consumed but rather to be thought how her Majesty could be able to maintain and defend this her Realm against so many Realms conspired against us Wherefore we her Majesties Subjects must with all dutiful consideration think what is fit for us to do and with all willingness yield part of our own for the defence of others and assistance of her Majesty in such an insupportable Charge Were the cause between Friend and Friend how much would we do for the relief one of another But the Cause is now between our Soveraign and our selves seeing there is so much difference in the Parties how much more forward ought we to be The Aid that formerly hath been granted unto her Majesty in these like Cases is with such slackness performed as that the third of that which hath been granted cometh not to her Majesty A great shew a rich grant and a long summ seemeth to be made but it is hard to be gotten and the summ not great which is paid
to the said Bill and sent it down to this House this House would thereupon then further do as shall appertain Mr. Robert Penruddock one of the Burgesses returned for the Borough of Milton for her Majesties Affairs and also for his own business is licensed by Mr. Speaker to depart home Three Bills lastly had each of them one reading of which the last concerning the over-length of broad-Cloth was read the third time and passed upon the Question On Monday the second day of April the Bill concerning Woollen-Cloths called Devonshire Kersies or Dozens was upon the second reading committed unto the Knights and Burgesses of Devon Mr. Serjeant Harris Mr. George Moore and others and the Bill was delivered unto Sir Thomas Dennis one of the same Committees who with the rest were appointed to meet at two of the Clock this Afternoon in the Exchequer Chamber Six Bills were sent up to the Lords by Mr. Treasurer and others of which the first was the Act for Confirmation of the Subsidies granted by the Clergy and another touching the Lands of Sir Francis Englefield Knight Attainted of High Treason the residue being of no great moment Sir William Brunker one of the Committees in the Bill concerning Spinnersand Weavers who had been appointed on Monday the 26 th day of March last past shewed that the Committees had met and upon Conference amongst them thought good to make a new Bill And so bringing in both the old Bill and the new prayed the reading of the said new Bill The Bill for Explanation of a branch of a Statute made in the twenty third year of the Queens Majesties Reign Intituled An Act to retain the Queens Majesties Subjects in their due obedience with some Amendments to the same had its first reading Three Bills of no great moment had each of them one reading of which the second being the Bill against counterfeiting of Counsellors hands c. was read the third time and dashed upon the Question The Bill for relief of maimed Souldiers and Mariners was twice read and committed unto all the Privy-Council the Knights and Burgesses of London the Burgesses of York and others who were appointed to meet this Afternoon at two of the Clock in this House Nota That certain Members of the House were appointed to draw a Bill for the relief of maimed Souldiers and Mariners on Monday the 12 th day of March foregoing which Bill being so drawn was upon Saturday the 24 th day of the said March upon the second reading referred to certain Committees and was lately upon Wednesday the 28 th day of the same Month upon the Motion of Sir Robert Cecil one of the said Committees withdrawn out of the House and no further proceeded in and thereupon the aforesaid new Bill preferred this day and twice read M r Serjeant Owen and Mr. Doctor Carey do bring from the Lords the Bill for restraining of Popish Recusants to some certain places of a boad lately passed this House with some Amendments shewing that the Lords liking very well of the said Amendments have inserted those Amendments into the said Bill accordingly And that their Lorships have further thought good to add unto the said Bill a Proviso for Explanation of the Branch of the said Bill which concerneth the matter only of abjuration have passed the said Proviso and affiled the same to the said Bill and sent it down to this House to be also passed here if this House shall so think meet On Tuesday the third day of April the Bill concerning Spinners and Weavers was twice read and committed to the former Committees who had been appointed on Monday the 26 th day of March foregoing and Mr. Wroth and the Burgesses of York and Norwich were added unto them Sir Thomas Denis one of the Committees in the Bill concerning Devonshire Kerseys and Dozens appointed yesterday shewed the meeting of the Committees and that they have in some few things amended the Bill praying the reading of the said Amendments which being thereupon twice read the Bill upon the question was ordered to be ingrossed The Bill concerning Brewers was upon the second reading committed unto Sir Edward Dymock M r Stevenson the Knights and Burgesses for London M r Wroth M r Peak and the Burgesses for Oxon Cambridge Sandwich and Newcastle Under-line who were appointed to meet at two of the Clock this Afternoon in the Exchequer Chamber The Return of the Habeas Corpus cum Causa made by the Sheriff of the County of Darby for M r Thomas Fitzherbert Which short remembrance of this excellent Precedent how far on Outlawed man may be a Burgess of the Parliament is all that is found in the Original Journal-Book it self of the House of Commons And therefore because there was much debate concerning it this day as had been on divers other days foregoing viz. on Thursday the first day Friday the 2 d day Saturday the 17 th day and on Friday the 30 th day of March last past have caused it to be transcribed at large out of the often before-recited Anonymous Journal in manner and form following The House was informed that the Lord Keeper had sent the Record of Fitzherbert's Execution hither to the House The Chancery men who brought it were called into the House to the Bar and were appointed to read it ut Clerici And the House appointed the Writ sent out of Chancery to be annexed unto the Record The words of the Writ were Tibi praecipimus quòd capias corpus Tho. Fitzherbert quocunque c. Dat. apud Westm. 7 o die Martii 35 Eliz. The Sheriffs Return Deliberatum fuit hoc Breve 15. die Martii super c. sed ante adventum istius Brevis scilicet 3 o Februarii 35 Eliz. captus fuit Thomas Fitzherbert c. M r Dalton said The Return of the Writ being made unto another Court and the Record it self being in another Court we cannot be Judges of the matter nor enlarge the party And as for the Return methinks it therefore insufficient because it was not returned into this Court And I see not how we can be Judges of the Return For the number of voices in this Cause is not to be judged for Law whether it be a good Return or not for that which is Law will notwithstanding rest for Law for all our Voices Therefore I think that priviledge quae est privatio Legis in this Case could not be granted M r Brograve said As to the matter of priviledge the Cause to me is very doubtful because priviledges in these Causes are very rare and so the matter resteth in doubt This Court for its Dignity and highness hath priviledge as all other Courts have And as it is above all other Courts so it hath priviledge above all other Courts and as it hath priviledge and Jurisdiction too so hath it also Coercion and Compulsion otherwise the Jurisdiction is nothing in a Court if it hath no Coercion Therefore it seemeth unto me
Conference or meeting of the said Committees brake up imperfectly and was further deferr'd till the next Morning The Passages of this Afternoon do now follow out of the Original Journal-Book of the House of Commons in manner and form following Post Meridiem Three Bills had each of them one reading of which the second being the Bill to prevent Perjury and Subornation of Perjury was read the third time and passed upon the question M r Mountague a Committee in the Bill touching Souldiers and others certified in the Bill with some Amendments whereof he prayed the reading The Amendments in the Bill for relief of Souldiers and Mariners were twice read and the Bill was Ordered to be ingrossed The Bill touching Policies of Assurances used amongst Merchants was read the second time and committed unto Sir Walter Raleigh M r Doctor Caesar Sir Francis Bacon Sir Stephen Soame and others And the Bill was delivered to Sir Francis Bacon who with the rest was appointed to meet to Morrow in the Afternoon in the Court of Wards at two of the Clock The Bill touching Hat-Makers was read the third time and upon the question and division of the House passed with the Yea ninety three and with the No forty six John Yakesley Esq returned into this present Parliament one of the Burgesses for the Town of Cambridge is for his necessary affairs licensed by Mr. Speaker to depart Upon Motion made by Serjeant Harris that Anthony Curwin Servant Attendant upon William Huddleston Esq a Member of this House hath been Arrested into the Counter in the Poultrey in London at the Suit of one Matthew a Chyrurgeon It is Ordered that the Serjeant that made the said Arrest and the said Matthew should be sent for to answer in this House for their said contempt as appertaineth M r Adam and Listers Councel are appointed to be heard to Morrow On Saturday the 12 th day of December the Bill to avoid the stealing of Cattle was read the second time and committed unto Sir George Moore Mr. Maynard Mr. Brown and others who were appointed to meet upon Tuesday next in the Middle-Temple Hall at two of the Clock in the Afternoon Two Bills had each of them one reading of which the second being the Bill for Confirmation of the Mannor of Sagebury aliàs Sadgbury unto John Harris and Samuel Sandys Gent. was read the third time and passed upon the question Some part of this Forenoons Passages doth now next follow out of private Journals An Act for redress of certain abuses used in Painting was read the third time It was moved by Sir George Moore and some others that the Bill might be let slip and the Cause refer'd to the Lord Mayor of London because it concerned a Controversie between the Painters and Plaisterers of London To which M r Davies Answered That the last Parliament this Bill should have past this House but it was refer'd as is now desired and Bonds made by the Plaisterers for performance of the Orders to be set down by the Lord Mayor yet all will do no good Wherefore M r Speaker I think it good to be put to the question Sir Stephen Soame desired that my Lord Mayor might not be troubled with them c. but that it might be put to the question and it seemed likely to go against the Painters But M r Heyward Townsend as it was putting to the question stood up and shewed that in the Statute of 25 Ed. 3. Cap. 3. Plaisterers were not then so called but Dawbers and Mudwall-Makers who had for their Wages by the day three pence and their Knave three half pence for so was his Labourer called they so continued till King Henry the Sevenths time who brought into England with him out of France certain men that used Plaister of Paris about the Kings Sieling and Walls whose Statute Labourers these Dawbers were These Statute Labourers learned in short time the use of Plaister of Paris and did it for the King who increased to be many then suing to the King for his Favour to Incorporate them he did fulfil their desire Incorporating them by the name of Gipsarium which was for Clay and Mud aliàs Morter-Makers An. 16 Hen. 7. being no Freemen for all their Corporation they obtained the Kings Letters in their favour to Sir William Remmington the Lord Mayor of London and the Aldermen to allow them Freemen which was granted at what time came in four of them paying ten shillings a piece for their Freedoms And in three years after that manner came in to the number of twenty but they paid four pound a piece for their Freedom They renewed their Patent in King Henry the Eighths time and called themselves Plaisterers aliàs Morter-Makers for the use of Loam and Lyme They made an humble Petition and Supplication after this to Sir John Munday then Lord Mayor and to the Aldermen to grant them Ordinances for the better Rule and Government of their Company in these words viz. We the good Folks of Plaisterers in London of Plaister and Loam of the said City for redress of certain abuses of Lath-Plaister and Loam wrought in the said Craft c. and had allowed unto them search for their Company for the use of Lath Loam and Lyme In all their Corporations at no time had they the word Colours neither yet in their Ordinances For all they were incorporated by the name of Plaisterers yet in all King Henry the Eighths time they were called Dawbers as appears in the Accompts of the Chamber of London paid to such and such Dawbers for so many days so much and to their Labourers so much The Plaisterers never laid any Colour upon any of the Kings Houses nor in the Sheriffs of London but this Year They wore no Livery or Cloathing in the seventeenth of King Henry the Eighth They have been suffered to lay Alehouse Colours as red Lead and Oaker with such like and now intrude themselves to all Colours Thus they take not only their own work but Painting also and leave nothing to do for the Painter Painters and Stainers were two several Companies in King Edward the Thirds time one for Painting of Posts and all Timber-Work and the other for Staining and Painting of Cloth of great continuance The two several Companies were joined both into one by their own consents and by the consents of the Lord Mayor and Court of Aldermen of the City the nineteenth year of King Edward the Fourth The Painters had Orders allowed them for the use of Oyl and Colours especially named in King Henry the Fourths time from the Lord Mayor and City Painters cannot work without Colours their only mixture being Oyl and Size which the Plaisterers do now usurp and intrude into Painters have her Majesties Letters Patents dated the twenty fourth year of Elizabeth forbidding any Artificer the use of Colours and Oyl or Size after the manner of Painting but only such as have been or shall be Apprentice namely