First that all should remove into the Court of Requests There the Lord High-Steward sitting at the door called the Knights and Burgesses of every County according to the letters of their names in the Alphabet Alphabetically every one answered as he was called and having answered departed thence up to the Parliament-house-door and there took the Oath of Supremacy given him by one of the Queens Majesties Privy Counsellors His Oath taken The Members are sworn then he entered again and took his place as Knight or Burgess of the House The Fee for entering his name into the Serjeants book is 2 s. the Rewards to the Door-keepers being 3 s. and 8 d. the Fee for returning the Indenture 2 s. This done there was no further proceeding in any matter till two of the clock in the afternoon about which time the Nobility came and were set in the Upper House The Qu. comes to the House of Lords the Queen came privately by water After her Majesties coming and the Lords being all sat the Lower House had intelligence thereof and went to attend in the Upper House below the Bar being well repleated with those that had gotten in before privately The door was shut upon us until the Lord Keeper had gone a good step in his Oration The Lower house finding themselves discontented at this because of custome the way ought to have been opened murmured so loud that the noise came to her Majesties ears who presently commanded the doors to be set open which was done and by that time the Lord Keeper was upon these words following The former part of his Oration seemed to set forth matter of form onely as the manner of Parliaments their Antiquities c. The Lord Keeper's Speech HE set forth the great malice of the King of Spain which he had towards this Realm and that he shewed by sundry instances His last Invasion intended Heads of the Lord Keeper's Speech Vide Journal of the House of Lords his Forces then addressed out of the Low Countries for that purpose to have been conducted by the Duke of Parma The high and mighty Ships that he then prepared and sent for that purpose which because he found not fit for our Seas and such a purpose he is building Ships of a lesser bulk Spaniards preparations by Sea after another fashion some like French Ships some like the Shipping of England and many he hath gotten out of the Low Countries He is now for the better invading of England planting himself in Britain Plants himself in Britany a Country of more facility to offend us than the Low Countries there he hath fortified himself in the most strong Holds in 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 Corrupts the Scots against their King to assist him to invade England and to assist him in his Invasion and a great part of the Nobility in Scotland are combined in this Conspiracy and they have received great sums of money for their service herein And to assure the King of Spain of their Assistance To which they consent they have signed and sent their Promises sealed unto that King These Conspiracies the King of Scots was brought hardly to believe but that her Majesty advertised him thereof having received intelligence thereof as she hath of all things done and intended in those parts The King of Scotland informed of their practices by the Queen And that the King might better advise thereupon her Majesty hath sent one of her Noblemen into Scotland and that King hath assured her Majesty with all his ability and endeavour to prevent the Spaniard whose purpose is on the North part 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 the Enemy being such his Forces joyned with other Princes his adherency is great the charge of her Majesty for the defence of her Realm both with Forees by Sea and Armies by Land hath been such that 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 Crown-lands 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 sit for us to do and with all willingness yield part of our own for the defence of others and assistance of her Majesty And therefore he wished that care might be had for advancing of the Subsidies from the wealthier and better sort and concluded with a desire that the greatest part of the time might be spent by material short Speeches in advising and providing for the defence of the Kingdom against the forraign Enemy After which Speech ended her Majesty calling the Lord Keeper unto her by whose commandment he gave the Lower House authority to chuse their Speaker and to present him on Thursday following the 22th day of February unto which day he adjourn'd the Parliament Upon this Adjournment the Knights Citizens and Burgesses of the House of Commons departed into the Lower House and there chose Edward Cooke Esq the Queen's Sollicitor to be their Speaker who after a discreet and modest excuse of himself was notwithstanding called to the Chair and placed in it After the Ceremony ended the House of Commons likewise departed for this day On Thursday Feb. 22. the Knights Citizens and Burgesses of the House of Commons met about one of the clock in the afternoon and about three the same day having notice that the Queens Majesty and the Lords were sat in the Upper House expecting them and their Speaker they repaired thither and as many as could getting in the Speaker was placed at the Bar where having with all humility excused himself and confessing that in the said House there were many more experienced Members thereof and better enabled for that service To which Speech the Lord Keeper having Instructions from the Queen answered That her Majesty did very well allow of himself to the Place to which he was chosen and did also commend the House of Commons for so discreet and fit a Choice Upon which Speech the Speaker accepting of the said Charge with all humble acknowledgment of her Majesties grace and favour towards him did in the conclusion thereof make these Petitions of course for the House of Commons and in their Names That they might have free liberty of Speech and freedom from Suits and Arrests of themselves and their followers and that they might have Access to her Majesties Royal Person upon all urgent and important occasions petitioning also for himself that if any thing were
Historical Collections OR An exact Account of the PROCEEDINGS OF THE Four last Parliaments OF Q. ELIZABETH Of Famous Memory Wherein is contained The COMPLEAT JOURNALS Both of the Lords Commons Taken from the Original RECORDS of their Houses AS ALSO The more particular Behaviours of the Worthy Members during all the last notable Sessions comprehending the Motions Speeches and Arguments of the Renowned and Learned Secretary Cecill Sir Francis Bacon Sir Walter Rawleigh Sir Edw. Hobby and divers other eminent Gentlemen Together with The most considerable Passages of the History of those times Faithfully and Laboriously Collected By Heywood Townshend Esq a Member in those Parliaments The like never Extant before LONDON Printed for T. Basset W. Crooke and W. Cademan at the George in Fleetstreet at the Green Dragon without Temple-bar and at the Popes-head in the New Exchange 1680. THE PREFACE TO The Reader THE whole Reign of our Renowned Queen Elizabeth was such a Series of admirable Events such a Pattern of wise and honest Counsel and steady Conduct such an age of hellish Plots and secret Conspiracies by the Papists on the one hand and such prudent Circumspection Female Courage and Zeal and happy Deliverances on the other that no History can deserve to be more minutely described than the Affairs in her time And though many famous Pens have already travelled therein and given us a fair prospect of her actions the subtile Contrivances and open Force of her Enemies against her sacred Life Government and the true Protestant Religion and the many providences and more than humane success which blessed and crowned her days yet we never had so full an account of her last Parliaments as is comprehended in this Volume especially so curiously as the very last is collected by Mr. Townshend a worthy Member in that Session who hath so faithfully done it that it is thought very fit even after so long an Interval to appear in publick There have been many excellent persons of the greatest abilities and worth who though they had not the ambition to struggle to be chosen into the House and were well acquainted without-doors with all the most important passages within have yet often wished they might have had the liberty of sitting there but a few days onely to observe the behaviour methods and tempers of Men so assembled and be an eye-witness how things are managed and passed there Now in this Relation there is so particular and exquisite an Account that such may even satisfie their curiosity in those very Circumstances For this is not onely the Journal-Book of what is entered upon Record but in the last Session especially there are all the particular Speeches Motions Arguments nay and the very behaviour of every one in that grand Assembly and all so painted to the life that to a considering Reader it is almost the same thing as if he had been present with them all the while Here you will finde that the Grievances they laboured to have redressed were very considerable their Arguments rational and strong though finely adorned which will be easily believed when we know the famous Secretary Cecill Sir Francis Bacon Sir Walter Rawleigh and many other solid States-men were fellow-Members in this illustrious Assembly whose Speeches alone are as I should guess a sufficient Invitation to any one that has but heard of them in our English world to know how they behaved themselves in that House of Commons which that you may do I shall make no further Preamble but conduct you into the Work it self Farewel ADVERTISEMENT ☞ That long-expected Work of Dr. William Howell's now Chancellor of Lincoln entituled The General History of the World in two Volumes in Folio the first reprinted with very large Additions and the second never before printed being a most exact History is finished Printed for T. Basset W. Crooke and W. Cademan An exact and perfect Journal of the Passages in the Vpper House of Parliament 31 Eliz. holden at Westminster Anno xxxj o Reginae Eliz. Annoque Dom. 1588. which began there Feb. 4. and then and there continued until the Dissolution thereof which was on March 29. Anno Dom. 1589. THE Queens Majesty soon after that her wonderful and glorious Victory which God Almighty had given her Navie over that vainly-stiled Invincible Armado sent against her Realm of England by the King of Spain Queen summons a Parliament soon after the defeat of the Spanish Invincible Armado summon'd this her High Court of Parliament to begin on Tuesday the 12th day of November that present year 1588. and in the 30th year of her Reign that so by common Advice and Councel she might prepare and provide against the inbred malice of that Prince and Nation But other occasions of great importance requiring the deferring of the said Assembly her Majestie prorogued the same to a further day in manner and form following MEmorandum The Queen prorogues the Parliament from the 12th of Nov. to the 4th day of Feb. Whereas the Queens Majestie by her Writ summoned her Parliament to begin and be holden at Westminster this present Tuesday the 12th of November 1588. her Highness for certain great and weighty Causes and Considerations her Majestie specially moving by the advice of her Privie Council and of her Justices of both her Benches and other of her Council learned did prorogue and adjourn the said Parliament until the fourth day of February next by vertue of her Writ-Patent sealed with the Great Seal and bearing date the 15th day of October last past Whereupon at this said 12th day of November the Archbishop of Canterbury Sir Christopher Hatton Lord Chancellor William Lord Burghley Lord Treasurer The Earl of Huntingdon the Bishop of London and three other Barons repaired to the Parliament-chamber commonly called the Vpper House and there in the presence of the Knights Citizens and Burgesses summoned to the said Parliament declared That her Highness for divers good Causes and Considerations her specially moving by her Highness's said Writ had prorogued the said Parliament from the said first summoned day An. 1588. until the fourth day of February next Whereupon the Writ for the said Prorogation in the presence of all that Assembly was openly read by the Clerk of the Upper House in haec verba ELizabetha Dei gratia Angliae Franciae Hiberniae Regina Fidei Defensor c. Praedelectis Fidelibus nostris Prelatis Magnatibus Proceribus Regni nostri Angliae ac dilectis fidelibus nostris Militibus Civibus Burgensibus dicti Regni nostri ad praesens Parliamentum nostrum apud Civitatem nostram Westm duodecimo die Novembris prox futurum inchoandum tenendum convocatis electis vestrum cuilibet salutem Cum nos pro quibusdam arduis urgentibus negotiis nos statum desensionem dicti Regni nostri Angliae Ecclesia Anglicana concernentibus dict Parliamentum nostrum ad diem locum praedict teneri ordinavimus
the Lords being thus sate An. 1592. and the Knights Citizens and Burgesses of the House of Commons as many as conveniently could be let in about two of the clock in the afternoon Sir John Puckering Lord Keeper of the Great Seal by command from the Queen spake to this effect The Lord Keeper's Speech THat though the assembling of Parliaments hath antiently been and still were for the Enacting of Laws and Reforming of Abuses and Grievances of the Subjects within the Realm The Lord Keepers Speech 〈◊〉 to direct the â—â—sâ—â—â—â—s in this Session yet at this time the Queens Majesty was desirous to have the Advice of all her loving people concerning the Defence and Preservation of her Self her Realms and Subjects from the Power and Oppression of a forreign Enemy Then he declared that this Enemy was the King of Spain and that his malice was increased by his loss and shame received in 88. That his resolution still was to invade this Kingdome The Spaniards Design of Reveenge discovered did plainly appear by his building and getting together many Ships of less bulk which would be fitter for service in our Seas than those greater Galliasses and Gallions had been in 88. That he desired some nearer place from whence to invade England and therefore at this time was labouring to plant himself in Britain a part of France And his Designes laid open That he had raised Factions in Scotland and Conspiracies against the King there finding him an enemy to his ambitious desires And therefore we her Majesties Subjects said he must with all dutiful consideration think what is fit for us to do Exâ—… them to raise Moneys and with all willingness yield part of our own for the defence of others and assistance of her Majesty in such an unsupportable charge Were the cause between Friend and Friend how much would we do for the relief of one 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 formerly granted to her Majesty in these like cases is so ill answer'd 〈…〉 Supplies paied and with such slackness performed as that the third of that which was granted cometh not to her Majesty A great shew a rich grant and a long sum seems to be made but little it is hard to be gotten and the sum not great which is paid and 〈…〉 Her Majesty thinks this to be for that the wealthier sort of men turn this charge upon the weaker and upon those of worst ability so that one dischargeth himself and th' other is not able to satisfie that he is charged withal these things should be reformed by such as are Commissioners in this service Wherefore it is her Majesties pleasure 〈…〉 the time be not spent in devising and enacting new Laws the number of which are so great already as it rather burtheneth than easeth the Subject but the principal cause of this Parliament is that her Majesty might consult with her Subjects for the better withstanding those intended Invasions which are now greater than ever before were heard of And where heretofore it hath been used that many have delighted themselves in long Orations full of verbosity and vain ostentations more than in speaking things of substance the time that is precious would not be thus spent This Session cannot be long the Spring-time is fit that Gentlemen should repair to their Countreys the Justices of Assize also to go their Circuits so the good hours would not be lost in idle Speeches but the little time we have should be bestowed wholly on such business as is needful to be considered of and Thursday next is appointed the day to present the Speaker Assoon as the Lord Keeper's Speech was ended Receivers of Petitions named the Clerk of the Parliament read the names of the Receivers of Petitions for England Ireland and Wales and Scotland Sir Francis Popham Lord Chief-Justice of the Kings-Bench John Clinch one of the Justices of the said Bench Dr. Awbery Dr. Ford and they which will deliver Petitions are to deliver the same within six days next ensuing Receivers of Petitions for Gascoigne and other parts beyond the Seas and the Isles Sir Edmond Anderson Lord Chief-Justice of the Common-Pleas Sir William Peryam Lord Chief-Baron Tho. Walmesley one of the Justices of the Common-Pleas Doctor Cary Doctor Stanhop and they which will deliver Petitions are to deliver them within six days next ensuing Triers of Petitions for England Ireland Wales and Scotland the Archbishop of Canterbury the Marquiss of Winchester the Earl of Darby Lord Steward of the Queens Houshold the Earl of Sussex the Earl of Essex the Bishop of London the Bishop of Durham the Lord Howard of Effingham Earl Marshal and Lord Admiral of England the Lord Cobham the Lord Grey of Wilton all these or four of them calling to them the Lord Keeper of the Great Seal of England and the Lord Treasurer and the Queens Serjeants when need shall require shall hold their place in the Chamberlains Chamber Triers of Petitions for Gascoigne and other parts beyond the Seas and the Isles the Earl of Oxford great Chamberlain of England the Earl of Shrewsbury the Earl of Huntington the Bishop of Rochester the Bishop of Lincolne the Lord Hunsdon Lord Chamberlain to the Queen the Lord Lumley the Lord Buckhurst all these or any four of them Although the usual Custome in the Original Journal-books is to place all Proxies upon what days soever returnable before the beginning of the Journal it self yet I have conceived it more methodical to place all such Returns in those days upon which they were delivered to the Clerk of the Parliament and always upon the day on which the first Return was to make some short Observations of that if it be unusual and extraordinary and so to refer the view of the residue to their proper days On this instant Monday therefore being the Nineteenth day of February and the first day of the Parliament was returned only this one usual Proxie Decimonono die Februarii introductae sunt Litterae Procuratoriae Edwardi Episcopi Norwicensis in quibus Procuratores suos constituit Johannem Episcopum Lond. Richardum Episcopum Peterburgen Nota This is one of those Proxies I call an usual or ordinary Proxie when a Spiritual Lord maketh but two Proctors and a Temporal Lord but one and those of their own Order but when a Temporal Lord nominateth a Spiritual Lord for his Proctor or nominateth more than one Proctor and when a Spiritual Lord nominateth a Temporal Lord for his Proctor or but one Proctor or more than two these I call unusual and extraordinay Proxies And therefore at this very time of nine Temporal Lords that sent their Proxies but one named two Lords of which see afterwards on Munday March 5. all the rest naming but one Indeed of six Spiritual Lords which sent their
Proxies there was but that one set down in the Page before-going which made two Proctors all the rest naming three or but one all which see afterwards on the 22.24.27 days of February and on the 7. and 28. days of March Where also it may be noted That John Archbishop of Canterbury had this Parliament five Proxies Now follows next in order to be set down the continuing of this Parliament which in the original Journal-book it self followed immediately upon the names of the Lords foregoing being present this afternoon So that the substance of the Lord Keeper's Speech foregoing and this also that follows at the presentment of the Speaker was supplied by my self out of a very exact Journal which I had of the Passages of the Lower House this present Parliament conceiving those Speeches in all my Journals ought more fitly to be referred to the Passages of the Upper House than of the House of Commons Dominus Custos Magni Sigill ex mandato Dominae Reginae continuavit praesens Parliamentum usque in diem Jovis prox futur On Thursday Feb. 22. the Queens Majesty her self came about three of the clock in the afternoon accompanied with divers of the Lords Spiritual and Temporal there being present this day the Archbishop of Canterbury Sir John Puckering Kt. Lord Keeper of the Great Seal William Lord Burleigh Lord Treasurer of England the Marquiss of Winchester twelve Earls two Viscounts fifteen Bishops and twenty three Barons being for the most part the very same that are by name set down to have been present on Munday last The Queen and the Lords being thus sat the House of Commons having notice thereof Edw. Cooke the Queens Sollicitor chosen and presented immediately came up with Edward Coke Esq the Queens Sollicitor into the Upper House whom they had chosen for their Speaker who being led up to the Bar at the nether end of the said House between two of the most eminent Personages of the Lower House as soon as silence was made and the rest of the House of Commons had placed themselves below the Bar he spake as followeth The Speaker's Speech YOur Majesties most loving Subjects the Knights and Burgesses of the Lower House have nominated me your Graces poor Servant and Subject to be their Speaker This their Nomination hath hitherto proceeded that they present me to speak before your Majesty yet this their Nomination is onely a Nomination yet and no Election until your Majestie giveth allowance and approbation For as in the Heavens a Star is but opacum corpus until it hath received light from the Sun so stand I corpus opacum a mute body until your high bright shining wisdom hath looked upon me and allowed me How great a Charge this is The Speaker disables himself to be the Mouth of such a Body as your House of Commons represent to utter that is spoken Grandia Regni my small experience being a poor professor of the Law can tell but how unable I am to undergo this Office my present Speech doth tell that of a number of this House I am most unfit for amongst them are many grave many learned many deep wise men and those of ripe Judgments but I an untimely Fruit not ripe nay bud a but not scarce fully blossomed so as I fear your Majesty will say Neglecta fruge liguntur folia amongst so many fair fruits you have plucked a shaking leaf If I may be so bold to remember a Speech used the last Parliament in your Majesties own mouth Many come hither ad consulendum qui neseiunt quid sit consulendum a just reprehension to many as to my self also an untimely fruit my years and judgment ill befitting the gravity of this place But howsoever I know my self the meanest and inferiour unto all that ever were before me in this place yet in faithfulness of service and dutifulness of love I think not my self inferiour to any that ever were before me And amidst my many imperfections yet this is my comfort I never knew any in this place but if your Majesty gave him favour God who also called them to this place gave them also the blessing to discharge it The Lord Keeper having received Instructions from the Queen answered him Mr. Sollicitor HER Graces most Excellent Majesty hath willed me to signifie unto you that she hath ever well conceived of you since she first heard of you which will appear when her Highness selected you from others to serve her self but by this your modest wise and well-composed Speech you give her Majesty further occasion to conceive of you above that she ever thought was in you by endeavouring to deject and abase your self and your desert you have made known and discovered your worthiness and sufficiency to discharge the place you are called to And whereas you account your self corpus opacum her Majesty by the influence of her Vertue and Wisdom 〈◊〉 is commanded and aâ—â—â—â—â—ed by the Qs. order doth enlighten you and not onely alloweth and approveth you but much than keth the Lower House and commendeth their discretions in making such a Choise and electing so fit a man Wherefore Mr. Speaker proceed in your Office and go forward to your Commendation as you have begun The Lord Keepers Speech being ended the Speaker began a new Speech COnsidering the great and wonderful Blessings The second Speech of the Speaker besides the long Peaece we have enjoyed under your Graces most happy and victorious Reign and remembring withal the Wisdom and Justice your Grace hath reigned over us with we have cause to praise God that ever you were given us and the hazard that your Majesty hath adventured and the charge that you have born for us and our safety ought to make us ready to lay down our Lives and all our Living to do you service After this he related the great Attempts of her Majesties Enemies against us especially the Pope and the King of Spain adhering unto him how wonderfully were we delivered in 88 and what a favour therein God manifested unto her Majesty His Speech 〈…〉 after this tended wholly to shew out of the Histories of England and the old State how the Kings of England ever since Henry the third's time have maintained themselves to be Supream Head over all Causes in their own Dominions and recited the Laws that were made in his and other Kings times for maintaining their own Supremacy and excluding the Pope He drew down his Proofs by Statute in every Kings time since Hen. 3. 〈…〉 unto Edw. 6. This ended he came to speak of the Laws that were so great and so many already that they were fitly to be termed Elephaentinae Leges Wherefore to make more Laws it might seem superfluous Too great a multiplicity of our Laws and to him that might ask Quid Causa ut Crescunt tot magna volumina Legis it may be answered In promptu Causa est Crescit in orbe
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 Royal Predecessors Kings of England and Queens of England In the times of the West-Saxons a Parliament was held by the Noble Queen Ina by these words I Ina Queen of the West-Saxons The Antiquity of Parliaments in this Island have caused all my Fatherhood Aldermen and wise Commons with the Godly-men of my Kingdome to consult of weighty matters c. Which words do plainly shew the parts of this Court still observed to this day For in Queen Ina is Your Majesties most Royal Person represented The Fatherhood in antient time were those whom we call Bishops and still we call them Reverend Fathers an antient and free part of our State By Aldermen was meant your Noblemen for so honourable was the word Alderman in antient time that the Nobility only were called Aldermen By wisest Commons is signified your 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 weightiest matters so is your Highness Writ at this day Pro quibusdam arduis urgentissimis negotiis nos statum defensionem Regni nostri Ecclesiae tangentibus Your Highness Wisdome and exceeding Judgment with all careful Providence needed not our Councels yet so urgent Causes there were of this Parliament so importunate Considerations as that we may say for we cannot judge if ever Parliament was so Needful as now or ever so Honourable as this If I may be bold to say it I must presume to say that which hath been often said but what is well said cannot be too often spoken This sweet Council of ours I would compare to that sweet Commonwealth of the little Bees Sic enim parvis componere magna solebam The little Bees have but one Governour whom they all serve he is their King Quia latrea habet latiora he is placed in the midst of their habitations ut in tutissima turri they forage abroad sucking honey from every flower to bring to their King Ignavum Fucos pecus à Principibus arcent the Drones they drive out of their Hives non habentes aculeos and whoso assails their King in him immittunt aculeos tamen Rex ipse est sine aculeo Your Majesty is that Princely Governour and Noble Queen whom we all serve being protected under the shadow of your wings we live and wish you may ever sit upon your Throne over us and whosoever shall not say Amen for them we pray ut convertantur nè pereant ut confundantur nè noceant Vnder your happy Government we live upon Honey we suck upon every sweet Flower but where the Bee sucketh Honey there also the Spider draweth Poyson some such there be but such Drones and Dore-Bees we will expel the Hive and serve your Majesty and withstand any Enemy that shall assault You our Lands or Goods Our lives are prostrate at your feet to be commanded yea and thanked be God and honour be to your Majesty for it such is the power and force of your Subjects that of their own strengths they are able to encounter your greatest Enemies and though we be such yet have we a Prince that is Sine aculeo so full of that Clemency is your Majesty I come now to your Laws The Laws we have conferred upon this Session of so honourable a Parliament are of two natures the one such as have life but are ready to die except your Majesty breathe life into them again the other are Laws that never had life but being void of life do come to your Majesty to seek life The first sort are those Laws that had continuance until this Parliament and are now to receive new life or are to die for ever The other that I term capable of life are those which are newly made but have no essence until your Majesty giveth them life Two Laws there are but I must give the honour where it is due for they come from the noble wise Lords of the Vpper House the most honourable and beneficial Laws that could be desired the one a Confirmation of all Letters-Patents from your Majesties most noble Father of all Ecclesiastical Livings which that King of most renowned Memory took from those superstitious Monasteries and Priories and translated them to the erecting of many foundations of Cathedral Churches and Colledges thereby greatly furthering the maintenance of Learning and true Religion The other Law to suppress the obstinant Recusate and the dangerous Sectary both very pernicious to your Royal Government Lastly your most loving and obedient Subjects the Commons of the Lower House most humbly and with dutiful thanks stand bound unto your gracious goodness for your general and large Pardon granted unto them wherein many great Offences are pardoned but it extendeth onely to Offences done before the Parliament I have many ways since the beginning of this Parliament by ignorance and insufficiency to perform that which I should have done offended your Majesty I most humbly crave to be partaker of your most gracious Pardon The Lord Keeper then received Instructions from the Queen and afterwards replied unto the Speaker The former part of this Speech was an Answer almost verbatim to the Speaker's Oration very excellently and exactly done and those things which followed were to this or the like purpose The Lord Keeper HE said The Lord Keeper replies That her Majesty most graciously did accept of the Service and Devotions of this Parliament commending them that they had employed their time so well and spent it on necessary Affairs save onely that in some things they had spent more time than needed but she perceived some men did it more for their satisfaction than the necessity of the thing deserved She misliked also that such irreverence was shewed towards Privy-Counsellors who were not to be accounted as common Knights and Burgesses of the House Gently rebukes them for some Miscarriages that are Counsellors but during the Parliament whereas the other are standing Counsellors and for their wisdom and great service are called to the Council of State Then he said That the Queens Majesty had heard that some men in the case of great necessity and grant of Aid had seemed to regard their Country and made their necessity more than it was forgetting the urgent necessity of the time and dangers that were now eminent That her Majesty would not have the People feared with Reports of great dangers Gives them Cautions but rather to be encouraged with boldness against the Enemies of the State And therefore that she straightly charged and commanded that the mustred Companies in every County should be supplied if they were decayed and that their Provisions of Armour and Ammunition should be better than heretofore it hath been used
unwittingly miscarried by himself the same might not light upon the House but upon himself and be pardoned in him To which last Speech of the Speakers the Lord Keeper also by commandment from the Queen replied That her Majesty did well allow thereof and for his Petitions which concern'd both the House and himself her Highness was willing that they should enjoy all their ancient and lawful Priviledges but with this caution That she did not allow that any man should speak unreverently or scandalously either of the Church or State And then the Lord Keeper by the Queens commandment continued the Parliament until Saturday following being Feb. 24. Nota That the aforesaid Speeches are set down more at large in the Journal of the Paslages of the Upper House of this Parliament to which they do more properly belong And on Friday the House met not Saturday Feb. 24. the Knights Citizens and Burgesses of the House of Commons did meet in the Lower House about nine of the clock but by the Clerk of the Parliament it was signified that the Speaker had been ill at ease the night past and could not without peril of further sickness adventure to come abroad wherefore he craved in his name leave of the House to be absent that day This day Mr. Peter Wentworth and Sir Henry Bromley delivered a Petition unto the Lord Leeper A Petition delivered to the Lord Keeper by Mr. Wentworth c. for intailing the Succession to the Crown The Queen offended at it causes them to be confined therein desiring the Lords of the Upper House to be Suppliants with them of the Lower House unto her Majesty for entailing the Succession to the Crown whereof a Bill was ready drawn by them Her Majesty was highly displeased therewith after she knew thereof as a matter contrary to her former straight Commandment and charged the Council to call the Parties before them Sir Thomas Henage presently sent for them and after speech with them commanded them to forbear coming to the Parliament and not to go out from their several Lodgings About this matter A Committee appointed for this thing but few come to it in the beginning of the Parliament was a Committee appointed to be had of many wise grave and antient Parliament-men as were of the House but at this time few met at the place appointed at least such men as were expected It was appointed at this time to Mr. Stevens to peruse the penning of the Petition that should have been delivered to that House and to have provided a Speech upon the delivery of it but this office by reason of other occasions he could not attend What other things were done in that Conference were as I heard confessed unto some of the Privy Council Their Secrets discovered by some of them to the Privy Council by some of those Parties that were present at the Conference All that were except those before-named went free and were never called in question The day after being Sunday and Feb. 25. and the House sat not yet the aforesaid Mr. Wentworth Sir Henry Bromeley and some others were called before the Lord Burleigh Lord Treasurer of England the Lord Buckhurst and Sir Thomas Henage who intreated them very favourably and with good Speeches but so highly was her Majesty offended that they must needs commit them Wentworth and Bromeley 〈◊〉 and so they told them Whereupon Mr. Peter Wentworth was sent Prisoner to the Tower Sir Henry Bromeley and one Mr. Richard Stevens to whom Sir Henry Bromely had imparted the matter were sent to the Fleet as also Mr. Welche the other Knight for Wercestershire On Munday Feb. 26. after the Letany was read which is the first thing done when the Speaker is set in his Chair was read an Act entituled An Act for continuing her Majesties Subjects in more due Obedience This Bill contained all these Particulars following 1. The Party so indicted and convicted A Penal Act. shall forfeit all his Goods and Chattels which he hath in his own right or in the right of his Wife 2. He shall forfeit two parts of his Lands Tenements and Hereditaments if he be born under her Highness Allegiance and of the age of sixteen years 3. A Feme Covert shall lose her Dowry or Joynture which she might have by her Baron 4. If a man match with an Inheritrix being a Recusant he shall lose two parts of those Lands to the Queen and neither of them shall administrate to any man 5. Such Party being a Recusant shall be disabled to make any Purchase or Sale of Lands 6. He shall be disabled to take or make any Lease either to the use of himself or to the use of his Wife 7. A Recusant shall forfeit for keeping any such Recusant person in his house either Servant or Stranger 10 l. every month being at one time so long in his house or at several times in his yard 8. He shall be barred to bear any Office in the Land or to practise as Counsellor Doctor Sollicitor Proctor Atturney or Advocate to the Law 9. He shall have his Children taken from him if they be above the age of seven years and to be disposed of by the Lords of the Council or the Ordinary or the Judges of Assizes and their maintenance to be raised out of the third part of such Recusants Livings 10. He shall be disenabled to make any sale of any of his Goods or Chattels 11. If he be a Copyholder he shall forfeit his Copyhold during his life whereof two parts is to go to the Queen and the third to the Lord of the Mannor 12. If any person be indicted for Recusancy of malice he shall have the remedy against the party at the Common Law 13. If any person having been a Recusant shall at any time recant he shall make his submission in the Parish-Church where he dwelleth acknowledging the Queens proceedings to be just and detest the Church of Rome which he shall also do in open Court before the Judges of Assize 14. If any such person after his Recantation fall into relapse he shall lose the benefit of the former Recantation for ever 15. Lastly there is a Proviso That those that have already bought any Lands of any that now are or shall be indicted for a Recusant the Bargain shall be as good and stand in effect as if this had never been made This Bill upon a Committee received all these Alterations following whereupon it came as a new Bill again The first Article omitted altogether being thought too hard The Penal Bill amended The third That the women are to lose but two parts of Dowry or Joynture after her Husbands death The Husband not being a Recusant to forfeit no part of his Land for his Wives Recusancy The fifth All Sales made by Recusants since 2º Eliz. of Lands whereof he taketh the profits or which Conveyauce is to his use or upon any Trust or confidence to be void
as to the Queen as for two parts of the Profits to be answered her and so all Sales hereafter to be made by any Recusant convicted the Sale being bona side The sixth They shall be disabled to be Justices of the Peace Mayors or Sheriffs The ninth Children being ten years until they be sixteen to be disposed at the appointment of four Privy Counsellors the Justices of Assize the Bishop of the Diocess Justice of the Peace And if the third part of the Land suffice not for maintenance the rest to be levied of the Parents Goods The eleventh Recusants that be Copyholders to forfeit two parts to the Lord of the Mannor if the Lord be no Recusant and if he be then to the Queen The thirteenth Protesting that he doth not come to Church under colour of any Dispensation or other allowance from the Pope but for Conscience and Religion Sir Robert Cecill AS I remember Cecill's Speech I have been of this House these five Parliaments and I have not determined to say any thing in these Assemblies further than my Cogitations should concur with my Conscience in saying bare I and No. Give me leave I pray you to rehearse an old Saying and it is in Latine Nec te Collaudes nec te Vituperes ipse For me to do the one were exceeding Arrogancy and to do the other I confess I hope you will pardon me The occasion of this Parliament which I take to be by that which we received from the honourable and learned Speech of the Lord Keeper as of and from her Majesty to us in the Higher House is for the cause of Religion and the maintenance thereof amongst us the preservation of her Majesties most Royal Person and the good of this Realm our Country All which because they be things of most dear and nearest price and at this present in exceeding great and eminent danger it is behoveful to consult of most speedy remedies which in parcels should proceed from the most wise heads The Enemy to these is the King of Spain whose malice and ambition is such that together with the Pope that Antichrist of Rome for I may well couple them together the one being always accompanied with Envy and Prosperity the other with unsatiable desire makes them by all means seek the subversion of this State But concerning the first the Cause of God and his Religion which her Majesty professed before she came on this Royal Seat which she hath defended and maintained and for which cause God hath so blessed her Government ever since her coming to the Crown yea while the Crown was scarce warm on her head she abolished the Authority of Rome and did set up God's Truth amongst us and to her great Renown made this little Land to be a Sanctuary for all the persecuted Saints of God whereby the People perceived her Magnanimity Zeal and Judgment Magnanimity in understanding so great an Enterprize Zeal in professing the same not of shew but in sincerity Judgment in defending it and preventing all the Popes designes He set forth his Bulls and Missives against her Majesty thereby most unnaturally depriving her of her most natural Right Duty and Loyalty which her Subjects should owe unto her c. Here he touched the many dangers which her Majesty had been in which as it caused him to fear to think so it did cause him to tremble to speak concerning the danger of our Country and so the loss of our Lives Liberties Wives Children and all other Priviledges Let me not trouble you with things passed so long and perhaps beyond my reach but of things passed of late years and since 88 when as we were so secure and never thought the King of Spain would have set up his Rest for England then sent he his Navy termed Invincible and had almost been upon the backs of us before we were aware yea we were so slack in Provision that it was too late to make resistance had not God preserved us his attempt against us by seeking to win the Low Countries and to obtain Ireland which being but trifles and partly devices which I mean not to trouble you with He hath now of late gone about to win France wherein he hath greatly prevailed as in Lorain and in other parts as you have heard but especially in Britain having most part of the Port-towns in his possession whither he still sends Supplies dayly and re-enforceth them every four or five months which Port is always open and his men and forces never wanting This Province he especially desireth for it lieth most fitly to annoy us whither he may send Forces continually and there have his Navy ready to annoy us the which he could not otherwise so easily do unless he had the Wind in a bag Besides having this Province he will keep us from Traffique to Rochel and Bourdeaux as he doth in the Streights from Tripoly and St. Jean de luze and so hinder us from carrying forth or bringing in into this Land any Commodities whereby this Realm might be inriched and her Majesties Impost ever increased being one of the greatest Revenues of her Crown He hath also gone about with them of Stode and the King of Poland one of his own Faction and who by reason he cannot do in that Kingdom what he listeth he may easily command him to impede or hinder our Traffique in those Eastern parts which if he could bring to pass you see how hurtful it would be to this Land But to descend yet more lower and into these latter Actions he hath seen it is but a folly to endeavour to make a wooden-bridge to pass into England therefore he hath found out a more sure way and stronger passage unto it by Land and that by Scotland which though it be not talked of at the Exchange nor preached of at Paul's Cross yet it is most true and in Scotland as common as the High-way that he hath procured to him many of the Nobility there It is true he hath sent thither no Navy and if he had endeavoured it her Majesty would not have suffered him yet do she what she can some paltry Fly-boat may escape her Majesties good Ships and carry Gold enough in her to make them Traytors and stir them to Sedition These things her Majesty understood before and advertised that King thereof but he not so well conceiving thereof hath by the effect proved the other true And unless I be deceived the last Letter that came from thence the other night sheweth that King is gone to make a Road into the North and to bring Back the Lord Bothwell and the Lord Huntley The King of Spain's malice thus dayly increaseth against us and seeketh also to stir up Sedition amongst us by his Instruments the number also of Papists dayly increaseth or at leastwise be more manifested My advice is That you would consult which ways to withstand such eminent dangers which the greater they be the sooner they
would be looked into and remembred Wherefore Mr. Speaker I desire some Committees should be appointed of the sufficientest and wisest men in the House to consider thereupon Sir John Wooley to the like effect FIrst saying Sir John Wooley's Speech That upon the cause of the danger the Realm was now in and of the remedy his Speech should consist which he likened to a natural Body which the more the principal Member was in danger the greater means should be used for the preservation thereof Roan being now made Admiral of France by the League should say he was a poor Admiral now but that he doubted not but shortly he should be able to bring such a Navy to Sea as should terrifie the Queen of England Also he shewed how the Princes of the Holy League had conspired the Overthrow of this Realm the Extirpation of Religion and the Confusion of her Majesty and her Royal Subjects And he exhorted the House now the season of the year grows on which called many of the Knights and Burgesses to be in their Countries besides the Sickness being in the Town so that many of that House knew not whether he lodged in a house infected or not that they would seek to dispatch and end the Parliament so soon as might be He also shewed how the Dunkirkers troubled our Fisher-men in small Barques upon the Sea-coasts and so moved that this matter might be committed to some of the sufficientest in the House He also exhorted the House to a speedy agreeing of a Subsidy which considering the dangers we were in and that it was for our own good as also for her Majesties he hoped no good Subject but would most willingly agree to it Also he shewed that the Wars which the King of Spain brought upon this Nation had cost her Majesty a Million of money but this he avouched that where it cost her Majesty one it cost the King of Spain three Sir John Fortescue THey that spake before me spake sufficiently of the Authors of ours Troubles and of the great danger which is now eminent upon us insomuch that it is come to this point now Non utrum imperare sed utrum vivere I will speak of nothing but that which concerns my Calling Her Majesty not onely being careful for the preservation of her own Realm but of her Neighbours also she hath not onely defended her own Subjects from being invaded but also hath aided Strangers which wanted money with whom otherwise it would have gone very ill by this time and also with our selves insomuch that the burthen of four Kingdoms hath rested upon her Majesty and maintained with her Purse England France Ireland and Scotland For how could the French King at his first coming to the Crown have held out against those Leaguers had not her Majesty assisted him with her men and money which hath cost her Majesty above 100000 l. for 't is well known the French King had not been able to withstand the Duke of Parma's coming into France had it not been for our English-men and money As for the Low Countries it stood her Majesty yearly ever since she undertook the defence of them in 150000 l. all which her Majesty bestowed for the good of this Realm to free us from War at home Besides when her Majesty came to the Crown she found it four Millions indebted her Navy when she came to view it she found it greatly decayed Yet all this she hath discharged and thanks be to God she is nothing indebted And now she is able to match any Prince in Europe which the Spaniards found when they came to invade us yea she hath with her Ships compassed the whole world whereby this Land is made famous through all Nations She did finde her Navy furnished onely with Iron Pieces but she hath furnished it with Artillery of Brass so that one of her Ships is not a Subjects but rather a petty Princes wealth As for her own private Expences they have been little in Building she hath consumed little or nothing and for her Apparel it is Royal and Princely becoming her Calling but not sumptuous or 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 any of us would lose the least member of his body we would bestow a great deal and stick for no cost or charges how much more ought we in this politick body whereof not onely a member but the whole body is in jeopardy if we do not make haste to the preservation of it And for these Subsidies which are granted to her Majesty now-a-days they are less by half than they were in the time of Henry the Eighth Now although her Majesty hath borrowed some money of her Subjects besides her Subsidies yet hath she truely repaid every one fully He desired the matter might be put to a Committee to consider of Mr. Francis Bacon Mr. Speaker THat which these honourable Personages have spoken of their Experience Sir Francis Bacon's Speech 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 Speech the other day delivered by the Lord Keeper how that it was a thing not to be done suddenly or at one Parliament nor scarce a year would suffice to purge the Statute-book nor lessen it the Volume of Laws being so many in number that neither common people can half practise them nor the Lawyers sufficiently understand them than the which nothing would tend more to the praise of her Majesty The Romans they appointed ten men who were to correct or recall all former Laws and to set forth those twelve Tables so much of all men commended The Athenians likewise appointed six to that purpose And Lewis the the ninth King of France did the like in reforming his Laws On Tuesday Feb. 27. a Bill was read for transporting of Cloath the first time Mr. Morris Atturney of the Court of Wards MY Religion towards God Mr. Morris's Speech my Allegiance to her Majesty the many Oaths that I have taken for the maintaining of her Supremacy causeth me to offer to your considerations matters concerning the sacred Majesty of God the Prerogative and Supremacy of her Majesty the Priviledges of the Laws and the Liberties of us all After some touch upon the usage of Ecclesiastical Discipline by the Prelates he laid down these three things Lawless Inquisition injurious Subscription and binding Absolution to which he spake severally shewing the
abuses of the Bishops in every one of them He delivering the Bill made this his request That if the House thought good to receive it that then they might be Suitors unto her Majesty to have it allowed The Bill being delivered by Mr. Morris his hand unto Mr. Speaker Mr. Dalton of Lincolns-Inne stood up and spake with much earnestness against it saying IT is hard for me upon a sudden to answer a long premeditated Speech but as I am able I will say and shew what I think of the Bill exhibited It pretends great things in shew things tending to the hindrance of God's Service to the derogation of her Majesties Prerogative to the overthrowing of our Laws and violating of our Liberties things great in shew but no such things to be found in matter spoke against It is easie to make of a Mole-hill a Mountain in words so by a well compiled Speech to make a great and dangerous thing of nothing nay indeed a thing needless for that the State hitherto hath always stood upon this Government And so shewed how the Ecclesiastical Government was distinct from the Temporal The Reasons he gave were few or none onely his great mislike was that having received straight Commandment from her Majesty not to meddle with things concerning the Church and State of this Realm therefore in his opinion the Bill ought to be suppressed Mr. Speaker IN favour and in free love above my merits and deserts you have elected me to do all my best service and to be faithful to you This Bill delivered to me is long and containeth important matters of great weight and such matters as cannot be expressed in few words It hath many parts and if you put me presently to open it I cannot do it as I should for indeed it is a matter far above my ordinary practice and so I cannot so readily understand it and to deliver a thing before I conceive it I cannot Wherefore if it would please you to give me leave to consider of it I do profess I will be faithful and will keep it with all secrecy Hereupon it was put to the question Whether it should be committed to the Speaker onely or to the Privy Council and him But it was held to be against the Order of the House that a Bill should be committed before it was read Therefore upon a Motion made by Mr. Wroth it was agreed that Mr. Speaker should keep it This afternoon at two of the clock Mr. Speaker was sent for unto Court where the Queens Majesty her self gave him commandment what to deliver unto the House On Wednesday Feb. 28. after Prayers the Bill for Recusants was read This morning Mr. Morris was sent for to Court and from thence he was committed unto Sir John Fortesoue's keeping This Bill against Recusants was opened and read by Mr. Speaker who made fourteen divided parts of the same Mr. Speaker YEsterday a great Member of this House after a Speech used and his Reasons laid forth delivered two Bills unto me which Bills though not being read yet were diversly spoken of They being long and the matters grave and of great importance and the day being almost spent I desired further time to consider of the parts of the Bill I humbly thank this honourable House time was granted me freely it being almost twelve of the clock I have perused and read both of the Bills I have them about me and they have been continually with me ever since they were delivered to me never any man saw them nor ever any mans eye more than my own ever saw one word of them A little after I had perused the Bills I was sent for by a special Messenger from her Majesty Coming in her Royal presence I was commanded to deliver these words from her most excellent Majesty unto the body of the Realm for so she termed this House The matter I have to speak is great yea it is the greatest matter I ever had to deal in wherefore I pray God direct mentem linguam hanc I must be short for her Majesties words were not many and I may perhaps fail in the delivery of them for though my Auditors be great yet who is so impudent that the presence of such a Majesty would not appale him and it did greatly fear me when I did see none of these honourable persons in her presence who were present at the holding of the matter in this House yet so God in his providence had appointed it that even in this while came in some of the persons here present who if I fail in delivering what was given me in charge can report it unto you and I glad am that there are witnesses with me in this action what was my faithful service for the House I protest a greater comfort never befel me than that this my Integrity and faithful Promise to this House is not violated for her Majesty in her most gracious wisdom before my coming determined not to press me in this neither indeed did she require the Bill of me for this onely she required of me What were the things spoken of by the House which points I onely delivered as they that heard me can tell The Message delivered me from her Majesty The Speaker 〈…〉 Message to the Commons consisteth of three things First the end for which the Parliament was called Secondly the Speech which her Majesty used by my Lord Keeper Thirdly what her Pleasure and Commandment now is For the first it is in me and my power I speak now in her Majesties person to call Parliaments and it is in my power to end and determine the same it is in my power to assent or dissent to any thing done in Parliament The calling of this Parliament was onely that the Majesty of God might be more religiously served and those that neglect this service might be compelled by some sharper means to a more due obedience and more true service of God than there hath been hitherto used And further that the safety of her Majesties Person and of this Realm might be by all means provided for against our great Enemies the Pope and the King of Spain Her Majesties most excellent Pleasure being then delivered unto us by the Lord Keeper it was not meant we should meddle with matters of State or in Causes Ecclesiastical for so her Majesty termed them She wondered that any would be of so high commandment to attempt I use her own words a thing contrary to that which she had so expresly forbidden wherefore with this she was highly displeased And because the words then spoken by my Lord Keeper are not now perhaps well remembred or some be now here that were not there her Majesties present Charge and express Commandment is That no Bills touching matters of State or Reformation in Causes Ecclesiastical be exhibited And upon my Allegiance I am commanded if any such Bill be exhibited not to read it On Thursday March 1. after Prayers
Committees in the Bill concerning Coopers brought in the Bill again as not dealt in by the Committee for lack of convenient time The Bill for restraint of new buildings converting of great houses into several Tenements and for restraint of Inmates and Inclosures neer unto the Cities of London and Westminster with one Amendment to the said Bill was sent up to the Lords by Mr. Treasurer Sir John Woolley and others with a Remembrance to move their Lordships for sending down of the Bill for grant of three entire Subsidies and six Fifteenths and Tenths granted by the Temporalty to the end Mr. Speaker may this afternoon present the same unto her Majesty according to the former accustomed usage of this House Mr. Serjeant Owen Mr. Atturney-General and Mr. Powle brought down from the Lords an Act entituled An Act for the Queens most gracious general and free Pardon Divers other Bills were this day read This Afternoon the Parliament was dissolved 39 Eliz. A Journal of such things as passed in the Vpper House of Parliament in the Parliament that held Anno xxxix o Eliz. Reginae and began October 24. in the same year and ended February 9. following ANno Dom. 1597. Regni Eliz. Reginae 39. die Lunae 24. Mensis Octob. Inchoatum est Parliament Westmonasterii in Domo consuet quo die Regina diversi Domini tam Spiritual quam Temporal viz. Archiepiscopus Cant. Tho. Egerton Miles Dominus Custos Magni Sigilli Dominus Burleigh Dominus Thesaurarius Angliae Marchio Winton Comes Sussex Magnus Marescall Comes Nottingham Magnus Scenescall eight other Earls one Viscount fifteen Bishops and twenty three Barons were present whose Name are particularly set down in the Journal-book Dicto 24. die Octob. viz. primo die hujus Parliamenti Oct. 24. introduct est Breve quo Archiepiscopus Ebor. praesenti Parliamento interesse summonibatur admissus est ad suum praeheminenciae sedendi locum salvo jure alieno Consimilima Brevia introduct sunt 4 Comitibus 10 Episcopis 5 Baronibus The Lord Keeper by the Queens commandment delivered to both Houses the Causes that moved her majesty to summons this Parliament The Lord Keeper's Speech THE Queens most excellent Majesty Lord Keeper's Speech my most gracious and dread Soveraign hath commanded me to declare unto you my Lords and others here present the Causes which have moved her Highness to summons this Parliament at this time which before I can express I must confess truely that the Royal presence of her Majesty the view of your Lordships and this honourable Assembly together with the consideration of the weightiness of the service and of my own weakness doth much appale me and cause me to fear Wherefore if either through fear I forget or through the many wants and imperfections which I have I fail to perform that duty which is required I do most humbly crave pardon of her Majesty and beseech your Lordships to bear with me The great Princely Care which her Highness now hath An. 1597. as heretofore she hath ever had to preserve her Kingdoms in Peace and safe from all forreign Attempts hath caused her at this present to assemble this honourable and great Council of her Realm to advise of the best and most needful means whereby to continue this her peaceable and happy Government and to withstand the malice of her mighty and implacable Enemy which hitherto by the space of many years through her provident and Princely wisdom hath been performed to the great and inestimable benefit of her Subjects as that the simplest amongst them could not but see and the wisest but admire their happiness therein the whole Realm enjoying Peace in all security when our Neighbour-Countries have been torn in pieces and tormented with cruel and bloody Wars This her Majesty is pleased to ascribe to the mighty power and infinite mercy of the Almighty And therefore it shall well become us all most thank-fully upon the knees of our hearts to acknowledge no less unto his holy Name who of his infinite goodness still preserve her Highness and send her many years more over us in all happiness to reign In this her blessed Government her Highness chief care and regard of all hath been of the honour and service of the Almighty God that true Religion might be planted and entertained in the hearts of her People through all the parts of her Realms and as well in that behalf as for the peace and benefit of her Subjects she hath from time to time established many good Laws to meet with the Disorders and to punish the offences of wicked and ungodly men that continuing in their bad ways they may not be hardened and go forward in their wickedness for Mora in peccato dat incrementum sceleri And whereas the number of the Laws already made are very great some also of them being obsolete andworn out of use others idle and vain serving to no purpose some again over-heavy and too severe for the offence others too loose and slack for the faults they are to punish and many of them so full of difficulties to be understood that they cause many controversies and much trouble amongst the Subjects You are to enter into a due consideration of the said Laws and where you finde superfluity to prune and cut off where defect to supply and were ambiguity to explain that they be not burthen-some but profitable to the Common-wealth Which being a service of importance and very needful to be required yet as nothing is to be regarded if due means be not had to withstand the malice and force of those professed Enemies which seeks the destruction of the whole State This before all and above all is to be thought of and with most endeavour and care to be provided for for in vain are Laws made and to little purpose will they serve be they never so good if such prevail as go about to make a Conquest of the Kingdom and destruction of the People Wars heretofore were wont to be made either out of Ambition to enlarge Deminions or out of Revenge to requite Injuries but this against us is not so In this the holy Religion of God is sought to be rooted out the whole Realm to be subdued and the precious life of her excellent Majesty to be taken away which hitherto by the powerful hand and great goodness of the Almighty have been preserved maugre the Devil the Pope the Spanish Tyrant and all the misohievous designes of all her Enemies Wherefore it is high time that this be looked into and that no way be left unsought nor means unused that may serve for defence thereof Her Majesty hath not spared to disburse a mass of Treasure and to sell her Land for the maintenance of her Armies by Sea and Land whereby with such small helps as from her Subjects hath been yielded she hath defended and kept safe her Dominions from all such forcible attempts as have been made which
Law brought before the said Committees by the said Lord That the Place which he claimed in the Order and Rank of the Barons was due unto him viz. next after the Lord Willoughby of Ersby which Report being made to the House and the Voices of all the Lords being demanded the Opinions of the Committees was allowed by the consent of all the Lords the Lord Willoughby onely excepted And the Lord Keeper was desired to acquaint her Majesty with the Determination of the House and to know her pleasure concerning the same The Lord Treasurer made a Motion to the House The Treasurers Motion about the Journal-book that forasmuch as the Journal-books kept heretofore by the Clerk of the Parliament seemed to have some Errours in them in misplacing the Lords so as it was doubted how the same might be of true Record That it would please their Lordships to take order that the said Books that should from henceforth be kept by the Clerk of the Parliament may be viewed and perused every Parliament by certain Lords of the House to be appointed for that purpose and the List of the names of the Lords in their order to be subscribed by them taking unto them for their better information the King at Arms and that this Order might begin this present Parliament On Saturday Nov. 12. the Bill for taking away the benefit of Clergy from Offenders A Bill against the benefit of Clergy for such as take away women against their wills against a Statute made Anno 3 Hen. 7. concerning the taking away of women against their wills was read secunda vice On Munday Nov. 14. the Lord Treasurer moved the House that such Lords as were absent from the Farliament and had not sent their Proxies and such others as had made their appearance at the beginning of the Parliament and have since neglected their attendance may be admonished to reform the same Upon the same day upon the Petition of the Lord De-la ware exhibited to her Majesty concerning his place in the Order of the Barons of the Parliament and with her Majesties commandment and direction presented unto the Lords Spiritual and Temporal in this present Parliament the fifth of this instant November and referred the same day upon the reading unto Committees as is recorded in the Session of the same day the said Committees having at the time and place appointed assembled themselves and advisedly considered of the said Petition and of all Arguments that were brought and alleadged both for the Petition and against it did resolve and determine That in their opinions the said Petition of the said Lord De-la-ware was just and that the Place which he sought was due unto him viz. to have his place betwixt the Lord Willoughby of Ersby and the Lord Berkley being the same place which his great Grandfather had held before as appeareth by Record Of which Resolution and Determination Report having been made by the Lord Burleigh Lord Treasurer first of the Committees the tenth of this instant November in the Session of the same day as before is recorded and the same being allowed and approved of by the consent of the Lords Spiritual and Temporal then present in the House it was thought meet and ordered That her Majesty should be acquainted by the Lord Keeper with the Opinion and Resolution of this House Which having been performed by his Lordship her Majesty having allowed of the proceedings of this House and of the determination of the Question touching the place of the said Lord De-la-ware as hath been declared to this House by the Lord Keeper it was and is agreed and ordered by her Majesty and the Lords Spiritual and Temporal That the Lord De-la-ware should be brought into the House and placed in the room and order before mentioned to have place and voice betwixt the Lord Willoughby and Lord Berkley which was accordingly done this day The Lord De-la ware was brought in his Parliament-robes unto the place aforesaid by the Lord Zouch supplying the place of the Lord Willoughby and by the Lord Berkley in their Robes Garter the King of Arms attending them and doing his service according to his Office On Tuesday Nov. 15. an Act for the taking away the benefit of Clergy from Offenders against a Statute made 3 Hen. 7. concerning the taking away of women against their wills unlawfully together with the Proviso annexed unto it by the consent of the House was read On Saturday Nov. 19. the absence of the Lord Marquiss of Winton and the Earl of Huntingdon severally excused by two of the Temporal Lords and the like Excuse delivered by the Bishop of Norwich for the Bishop of Chichester's absence Report was made by the Lord Keeper that the Earl of Essex received not his Writ of Summons until the 17th of this month through the negligence of the Messenger to whom the same was delivered and now his Lordship wanting health to give his attendance desired to be excused for his absence the Earls of Worcester and Southampton testifying of his sickness Introduct est Breve Richardi Dom. Eure quo praesenti Parliamento interesse summonebatur admissus est ad locum praeheminenciae sedendi in Parliamento salvo jure alieno On Munday Nov. 21. a Bill for the confirmation of the deprivation of divers Bishops in the beginning of her Majesties Reign was read On Tuesday Nov. 22. a Bill formerly sent to the Commons with a Proviso from this House thereto added concerning taking away of Clergy from Offenders that take away women against their wills unlawfully expedited The Committees upon the Bill of Tellers and Receivers meeting at the little Chamber near the Chamber of the Parliament-presence and conferring on the Bill and the Provisoes that were thought on and came in question amongst them by reason of sundry doubts that were moved did refer the Bill to her Majesties Atturney-General to be reviewed On Thursday Nov. 24. an Act for the better explanation and execution of the Act made in the thirteenth year of the Queens Majesties Reign concerning tellers and Receivers prima vice lect This Bill was renewed by Mr. Atturney-General by the appointment of the Committees to whom the former Bill was referred as is mentioned in a Note in the last Session and brought instead of the former Bill On Saturday Nov. 26. an Act for the explanation and execution of an Act in the thirteenth year of the Queens Majesties Reign concerning Tellers Receivers c. secunda vice lect and commanded to be ingrossed A Serjeant at Arms to be sent for one Winwood A Serjeant at Arms sent to take a City-Serjeant into custody and one Stevenson a Serjeant at Mace of London who arrested Edward Barston the Lord Chandois servant contrary to the Priviledge of the House The Bill for repeal of a Statute made 23 of her Majesties Reign entituled An Act for the increase of Mariners and maintenance of Navigation was brought into the House by the Committees
the manner For the first he fell into commendations of the Commonalty for the second the manner which was speedy not by perswasion or perswasive inducements but freely out of duty with great contentment In the thing which you have granted her Majesty greatly commendeth your confidence and judgments and though it be not proportionable to her occasions yet she most thank fully receiveth the same as a loving and thank-ful Prince And that no Prince was ever more unwilling to exact or receive any thing from the Subject than she our most gracious Soveraign for we all know she never was a greedy Grasper nor siraight-handed keeper And therefore she commanded me to say That you have done and so she taketh it dutifully plentifully and thank-fully For your self Mr. Speaker her Majesty commanded me to say That you have proceeded with such wisdom and discretion that it is much to your commendations and that none before you have deserved more And so he ended after an Admonition given to the Justices of Peace That they would not deserve the Epethites of prowling Justices Justices of Quarrels who counted Champerty good Chevesance sinning Justices who did suck and consume the Good of this Commonwealth and also against all those that did lie if not all the year yet at least three quarters of the year in the City of London After these Speeches ended They are dissolved her Majesty gave her Royal Assent to nineteen Publick Acts and ten Private Acts and then the Parliament was dissolved by the Lord Keeper of the great Seal of England A perfect Journal of every days Proceedings in the House of Commons at the Parliament beginning at Westminster the xxvijth day of October Anno 1601. and in the 43. Year of the Raign of Q Eliz. and ending the xixth day of December then next following Collected by Mr. Heyward Townshend one of the Members of the said House THe first day of the Parliament The Queen goes to the Parliament in an open Chariot with a Canopy of Silver about three of the Clock in the Afternoon the Queens Majesty went by Land to westminster-Abby riding in a Chariot made all open only like a Canopy over her head being of Cloth of Silver with all the Bishops and Lords in their Parliament Robes according to their Degrees being marshalled by the Heraulds Where was made unto her a Sermon after the hearing whereof she went to the upper-Upper-house of Parliament where being sate a while and the Knights and Burgesses of the Lower-house being sent for the door kept so that they went not all in notwithstanding some were within by some special means before and heard the Lord-keepers Speech made unto them which is after in effect delivered by Mr. Secretary Cicil Some of the Commons discontented in the Lower-house So that after the Knights and Burgesses had staid a good while it was told them That the Lord-keepers Speech was done and thereupon every man went away discontented In the mean time whilst her Majesty was at Sermon the Lord-Admiral came into the Court of Requests Admiral and there began to call the Knights and Burgesses by the Poil and also to swear them at the same time But because that course seemed too tedious he staid whilst Sir William Knowls Controuler of the household Sir John Stanhopp Vice-Chamberlain Sir Robert Cicil Principal Secretary of State and John Herbert Esquire second Secretary came who were all coming up from the Upper house together and then only the Knights and Burgesses were called After that the Lord Admiral and Mr. Secretary Cicil went up to the upper-Upper-house but Mr. Controuler Sir John Stanhopp and Mr. Secretary Herbert went to the space before the Parliament House door where they sware all the Lower-house confusedly four at one time six at another eight at another taking their names that swore and who not and still as every man was Sworn he went into the house and to his place as best liked him VVhen all were Sworn and the Queen come to the Upper-House and the Lord-Keepers speech ended Then all the Privy Councel of the Lower-house came in thither and sate quiet a while and then putting their heads together Mr. Controuler stood up and spake to this effect That it was an Antient Custom in that House The Comptrouler speaks first that at those times some Man should break silence and I must confess at this time it belongs to my place It is needless to shew the use of this House because it s well known to all or most here All men knows that the speech of a multitude breedeth confusion and dissention It is therefore fit for us to chuse one to be our Speaker which for his experience may speak and for his sufficiency dare and can speak on all our Behalfs and Affairs Neither doth it stand with the Honor and Antient Usage of this House to speak but by one Neither is it answerable to the State of her Majesty to deliver unto her our mindes by the Tongues of a confused Multitude Then we are to fall into consideration what manner of person he shall be First A man Religious for Religion ought to be the foundation of our building and labour Then Honest Grave VVise Faithful and Secret These Vertues must concur in one Person able to supply this place Now having delivered unto you the necessity of a Speaker and his qualities I will deliver unto you my Opinion whom I think fit for the place referring it to your consideration and for my own part He Recommends the Recorder of London for their Speaker who seems to Admire at it not prejudicing the VVorth of any in this House I deem Mr. John Crook Recorder of London a most fit and worthy and able man for this Service At which words Mr. Crook put off his Hat with a kind of strange Admiration whose Sufficiency in all respcts and his Loyalty and Faithfulness to do our Common-wealth service is well known unto us and hath been often approved by his learned Speeches diverse times delivered before her Majesty I do not attribute so much to mine own Choice that I presume to assure you there is no Man here fitter for the same than he is but I only make bold to deliver my Opinion leaving the choise of him or any other to the free Election of every particular Member of this House And for the motion which hath been made touching the keeping out of the house during the time of the Lord Keepers Speech I do assure you it was not willingly done but through Ignorance of the Groom of the Chamber but if the House be desirous to hear the Effect thereof I will intreat some that were there at that time to satisfiy their desires The cause of which preclose was for that one Mr. Leigh during the time of the Commons swearing made a complaint to Mr. Controuler sitting in the House that they toook it in great disgrace that they were shut out After which
liberty of Priviledg to all the Members of this House and their Servant And lastly if any mistaking of any Message delivered unto him from the Commons should happen that her Majesty would be pleased to attribute that to his weakness in delivery or understanding and not to the House As also any forgetfulness through want of memory or that things were not so judicially handled or expressed by him as they were deliver'd by the House To which after the Queen had spoken to the Lord Keeper again the Lord Keeper spake in effect as followeth Mr. Speaker her Majesty doth greatly commend The Lord-Keeper replies by the Queens Order and like of your grave Speech well divided and well contrived the first proceeding from a sound Invention and the other from a setled Judgment and Experience You have well and well indeed weighed the state of this Kingdome well observ'd the greatness of our puissant and great Empire the King of Spain the continual and excessive charges of the Wars of Ireland which if they be well weighed do not only shew the prudence of our gratious Soveraign in defending of us but also the greatness of the charge continually bestowed by her Majesty even out of her own Revenues to protect us and the exposing of her Majesties self to continual troubles and toilesome Cares for the benefit and safety of her Subjects Wherefore Mr. Speaker it behoveth us to think and say as was deliver'd by a great man lately in a Concilio ad Clerum opus est subsidio ne fiai exitum or as I think excedium Touching your other Requests First For freedom of Speech her Majesty willingly Consenteth thereunto with this caution That the matter be not spent in Idle and Vain matters Painting out the same with Froth and Volubility of words And her Majesty Commandeth That you suffer not any Speeches made for Contention or Contradiction-sake maintained only by a Tempest of words whereby the Speakers may seem to get some reputed Credit by imboldning themselves to maintain Contradiction and on purpose to trouble the House with vain and long Orations to hinder the Proceedings in more weighty and greater Importance Touching Access to her Person she most willingly granteth the same desiring she may not be troubled unless urgent and matters of great Consequence compel you thereunto For this hath been held for a wise Maxime In troubling great Estates you must trouble seldome For Liberty unto your selves and servants her Majesty hath Commanded me to say unto you all That she ever intendeth to preserve the Liberty of the House and granteth Liberty to the meanest Follower of the meanest Member of this House But her Majesties Pleasure is you should not maintain and keep with you notorious Persons either for Life or Behaviour As desperate Debtors who never come abroad fearing her Laws but at these times Petty Foggers and Vipers of the Common Wealth prouling and common Solicitors that sets Dissention between man and man and men of the like Condition to these These her Majesty earnestly desireth a Law may be made against as also that no Member of this Parliament would entertain or bolster up any man on the like Humor or Quality on pain of her Highnesses Displeasure For the Excuse of the House and your self Her Majesty Commandeth me to say That your Sufficiency hath so often times been approved before her That She doubteth not of the Sufficient Discharge of the Place you shall serve in Wherein she willeth you to have a special Eye and Regard not to make new and idle Laws and trouble the House with them But rather to look to the Abridging and Repealing of diverse obsolete and superfluous Statutes As also First To take in hand Matters of greatest Moment and Consequence In doing thus Mr. Speaker you shall fulfil her Majesties Commandment do your Country good and satisfy Her Majesties Expectation Which being said the Speaker made three Reverences to the Queen Then the Lord Keeper said For certain great and weighty Causes Her Highness's Pleasure is the Parliament shall be Adjourned until Friday next Which Speech was taken to be an Adjournment of the Lower House but it was not so meant wherefore the Lower House sate the next day being Saturday morning So after some room made the Queen came through the Commons to go into the Painted-Chamber who graciously offering her Hand to the Speaker he kissed it but not one word she spake unto him neither as she went through the Commons few said God bless your Majesty as they were wont in all great Assemblies And the throng being great and little room to pass she moved her Hand to have more room whereupon one of the Gentlemen Ushers said openly Back Masters make room And one answered stoutly behind If you will Hang us we can make no more room which the Queen seemed not to hear though she heaved up her Head and looked that way towards him that spake After she went to White-Hall by Water Saturday Octob. 31. I was not there thinking the House had not sare till Thursday but I heard there was a motion made for the maintenance of the Priviledges of the House and to have a Committee for it which was appointed on Thursday at one of the Clock in the Afternoon And two Bills were Read one against Drunkenness another that no Bishop nor Arch-Bishop may make any Lease in Remainder or Reversion until within three Years before the expiration of the former Lease This Day the Prayer was brought into the House which was appointed every Morning to be Read during the sitting of this Parliament amongst other Prayers by a Minister appointed for that purpose The COPY of the PRAYER OH Eternal Almighty and ever Living GOD A Prayer to be used Every Morning in the House of Commons which hast made the Eye and therefore seest which hath framed the Heart and therefore understandest from whose only Throne all Wisdome cometh Look down upon us that call upon Thee bow down thine Ear and hear us open thine Eyes and behold us which in the Name of thy Son and our Saviour do lift up our Hearts unto Thee Forgive us O Lord forgive us all that we have done amiss in Thought Word or Deed. Forgive us our negligences forgive us our unthankfulness make us mindful of thy Benefits and thankful for all thy Mercies Thou that seest the Hearts and searchest the Reins and beholdest the utmost parts of the World try and examine our Hearts and guide us in thy ways knit our Hearts unto Thee that we may fear thy Name Let us ever fear this Glorious and Fearful Name The Lord our God Let all that despise Thee feel thy Judgments Let all Men know it is a fearful thing to fall into the Hands of the Living God Let thy Mercies always prevent us and compass us about In all our Ways Words and Works let us set Thee always before our Eyes Remove from us all vanity and hypocrisy Let thy Truth always
both to the Bishop present and the Successor and their Servants and to the Bishop's 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 or keep that Retinue either belonging to their Place or answerable to their Living For consider the Revenue of the greatest Bishoprick in England it is but Two Thousand and Two Hundred Pounds per Annum whereof he payeth for Annual Subsidy 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 Bishop's Farmers are contented to do So that he is cast one whole Years Revenue behind-hand and perhaps hath no Power neither to make Leases in Twelve or Sixteen Years This Mr. Speaker will be a Cause to 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 Realm now Extant Hurtful it is to their Servants for this may be every Mans Case We know many good Gentlemens Sons served Bishops and How can they reward their long and faithful Service but only by means of granting over of these Fines or some other means out of the Spiritual Function But this Act is good for the Courtier But I must speak no more of that 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 to Fine and take a New Lease But I refer it to the Consideration of the House to do their Pleasures therein Only this I certifie that I have the Copy of the Bill the last Parliament exhibited to this Purpose which I having compared together with this present Bill do find them to be word for word all one and that was rejected And so I doubt not if the Reasons be well weighed but this will have the like Success Upon whose Motion it was put to the Question Upon which it was Rejected Whether it should be committed and all said No not one Yea So this Bill was rejected An Act was read That Plaintiffs in Writs of Error should give good Bail To which no Man offer'd to speak Whereupon Mr. Speaker stood up and said That if no Man speak it must be ingrossed Mr. Cary said He thought it very fit that the Bill should be first Committed For talking with Sir Roger Maynwood in his Life-time Lord Chief Baron of the Exchequer he was of opinion That it was more fit and more safe for the Subjects Good and far more easie for the Judges that the Money should be brought into the Court and no Recognizance taken which if it might be committed the Bill might be amended in that Point and no doubt would pass So it was committed to be set upon on Monday in the Middle-Temple-Hall the Nineth of November Mr. Johnson moved the House That whereas the last Parliament there were Three Bills One touching Pattentees another touching the Clerk of the Market and the Third touching Petty Thefts That these being Publick Matters might be brought into the House this Parliament and Read And touching the Clerk of the Market he durst undertake to lay open as many vile Practices as almost there be Men in this House He made a very long and good Speech touching these Three Bills which for Brevity I omit An Act was read against fraudulent Administration of Testator's Goods The Bill against Drunkards was again read the effect whereof was That common Drunkards should be presented as common Barrettors which was Committed upon the Motion of Mr. Wiseman to the Committees for the Bill for the Abuse of the Sabbath-Day He said It was very convenient in his Opinion Blasphemers and Swearers were punished by some strict Law And so told of a Conference betwixt him and a Prisoner in the Gate-House at Westminster who thorow a Window secing many Children playing they Swore almost at every word Then the Recusant asked him If that was the Fruit of our Doctrine and How it chanced that our Doctrine being so sincere such Blashemy was committed Therefore that the Slanders of our Adversaries may be avoided the Sin punished and God's Name more reverenced and Himself better served some Provision in that Law touching that Point he thought very necessary An Act touching the Sowing of Hemp An Act for sowing Hemp. was read the second time To which Bill Sir Walt. Rawleigh does Oppose it Sir Walter Rawleigh spake and said For my part I do not like this Constraining of Men to Manure or use their Grounds at our Wills but rather let every Man use his Ground to that which it is most fit for and therein use his own Discretion For Halsars Cables Cordage and the like we have plentifully enough from Forreign Nations and we have divers Countries here in England make thereof in great abundance And the Bill of Tillage may be a sufficient Motive to us in this Case not to take the Course that this Bill intendeth For where the Law provideth That every Man must Plow the third Part of his Land I know it divers poor People have done so to avoyd the Penalty of the Statute when their Abilities have been so poor that they have not been able to buy Seed-Corn to Sow it withal nay they have been fain to hire others to Plow it which if it had been un-plowed would have been good Pasture for Beasts or might have been converted to other good Uses Upon this Motion all the House bad away with the Bill But it was put to the Question Whether it should be committed or no But because of Doubt the House was divided and the I I I were 103 and the Noes were 162. So the Bill was not committed After it was put to the Question for Ingrossing Upon which it was Rejected and notwithstanding a Speech Mr. Comptroller made for the Weightiness thereof it was denyed and so absolutely Rejected This was one of the Proviso's in the Bill For the Breeding and against Stealing of Horses viz. That all Justices of Assize A Proviso against Stealing of Horses in their several Circuits and all Justices of the Peace in their several Quarter-Sessions as well within Liberties as without shall have full Power and Authority to inquire of and hear and determine all Offences to be committed against this present Statute And there is a former Clause That if Sale without Voucher be made then the Person shall be apprehended and carried to the
it is a Commendable piece of Work but Mr. Speaker methinks the Bill yeildeth too great scope of Fishing into the Sea which how Prejudiciall it may be to the Office of the Lord Admiral or to his Successors or to the Royalty of any other I know not therefore That the Bill may have the safer Passage I wish it may be Considered of at a Commitment A Bill for the Assurance of a Joynture to Lucy Countess of Bedford Committed and the meeting to be in the Exchecquer-Chamber upon Wednesday in the Afternoon at two of the Clock A Bill for the Observation of certain Orders in the Exchecquer set down under her Majesties Privy-Seal And the Bill to Enable Mr. Edmond Markham to dispose of his Lands whereof he is Tenant in Tayl as other Tenants in Tayl by the Laws and Statutes of this Realm may do The question upon the Checquer-Bill grew Whether before Commitment the Counsel of the Clerks of Mr. Osborne's Office should be had in respect of Mr. Wing feild moved The old Officers might be heard by their Councel Mr. Bacon said I did rather yeildingly accept than forwardly imbrace this labour imposed upon me I Wish the Councel may be heard because we shall have the more time of consideration what to do There is nothing so great an impediment to certainty of prevailing as hast and earnestness in prosecuting I therefore think it fit that they may have time Assigned them to proceed by Councel Mr. Martyn said Mr. Speaker Mr. Martyn Here is a new Bill sprung out of the old it hath a smooth face and I think the inward part of the Bill is answerable to the Exterior I am utterly against that they should have Councel they have had time enough already to consider of it If their Councel be now without it were good we heard them if not I hold it best to proceed to the Question Then the house cryed To the Question for Commitment and it was Committed and it was agreed that they should have their Counsel there Then the Question was When the Commitment should be some said this Afternoon others Monday but being put to the Question the House was divided and the I I I were 98 and the Noes 181. and so Monday was agreed on At the Commitment in the Afternoon touching Monopolies Sir Edward Stanhop informed the House Sir Edw. Stanhop against Patentees of the great Abuse by the Patentee for Salt in his Country that betwixt Michaelmas and Saint Andrews tide where Salt was wont before the Patent to be sold for Sixteen pence a Bushel it is now fold for Fourteen and Fifteen shillings a Bushel but after the Lord President had understood thereof he Committed the Patentee who caused it to be sold as before This Patent was granted to Sir Thomas Wilks and after to one Smith To Lynn there is every year brought at least Three Thousand weight of Salt and every weight since this Patent is inhanced Twenty shillings and where the Bushel was wont to be Eight pence it is now Sixteen pence And I dare boldly say it if this Patent were called in there might well be Three Thousand Pounds a year saved in the Ports of Lynn Boston and Hull I speak this of white Salt Mr. Francis Bacon said Mr. Fr. Bacon against the Bill but Moves to go by way of Petition The Bill is very injurious and ridiculous Injurious in that it taketh or rather sweepeth away her Majesties Prerogative and Ridiculous in that there is a Proviso That this Statute shall not extend to Grants made to Corporations That is a gull to sweeten the Bill withall it is only to make Fools Fond. All men of the Law know that a Bill which is only Expository to Expound the Common-Law doth Enact nothing neither is any Proviso good therein And therefore the Statute of 34. Hen. 8. of Wills which is but an Act expository of the Statute of 32. Hen. 8. of Wills touching Sir John Bonfords Will was adjudged void Therefore I think the Bill unfit and our proceedings to be by Petition Mr. Solicitor Fleming said Mr. Solicitor's Acount of the Queen's intentions I will briefly give you an account of all things touching these Monopolies Her Majesty in her provident care gave Charge to Mr. Atturney and my self That speedy and special course may be taken for these Patents This was in the beginning of Hillary-Term last But you all know the danger of that time and what great Affairs of importance happen'd to prevent that business Since that nothing could be done therein for want of Leisure Sir Robert Wroth said Sir Rob. Wroth. I would but Note Mr. Solicitor That you were charged to take Care in Hillary-Term last Why not before There was time enough ever since the last Parliament I speak it and I speak it boldly These Patentees are worse than ever they were And I have heard a Gentleman affirm in this House That there is a Clause of Reversion in these Patents If so what needed this stir by Quo warranto and I know not what when it is but to send for the Patents and cause a redelivery There have been diverse Patents granted since the last Parliament these are now in being viz. The Patents for Currants Iron Powder Cards Hornes Oxe Shin-bones Traine Oyle Lists of Cloath Ashes Bottles Glasses Baggs Shreds of Gloves Aniseed Vinegar Sea-Coales Steele Aqua-vitae Brushes Pots Salt Salt-Petre Lead Accedence Oyle Transportation of Leather Callamint-stone Oyle of Blubber Fumothoes or dried Pilchers in the smoak and divers others Upon Reading of the Patents aforesaid Mr. Hackwel Mr. Hackwell of Lincolns-Inn stood up and asked this Is not Bread there Bread quoth another This voice seems strange quoth a third No quoth Mr. Hackwell but if order be not taken for these Bread will be there before the next Parliament Mr. Townshend of Lincolns-Inn the Collector of this Journal seeing the disagreement of the Committees Mr. Townshend and that they could agree upon nothing made a Motion to this effect First to put them in mind of a Petition made the last Parliament which though it took no effect we should much wrong her Majesty and forget our selves if we should think to speed no better in the like Case now because there was a Commitment for this purpose and the Committees drew a Speech which was deliver'd by the Speaker word for word at the end of the Parliament But now we might hope that by the sending of our Speaker presently after such a Committee and Speech made with humble Suit not only to Repeal all Monopolies Grievous to the Subject but also that it would please Her Majesty to give us leave to make an Act that they might be of no more force validity or Effect than they are at the Common Law without the strength of her Prerogative which though we might now do and the Act being so reasonable we did assure our selves Her Majesty would not deny the passing
Forfeitures and Abuses committed by Tanners contrary to the Statute 19 Reginae A Patent to VVilliam VVade Esquire aliis For the making of Sulphur Brimstone and Oyl A Patent to James Chambers To give License for Tanning contrary to the Statute 30 Reginae A Patent to Sir VValter Rawleigh of Tonnage and Poundage of VVines To John Ashley aliis A Patent For Benefit of Forfeiture of Buying of S To William VVatkins The List of Patents and Patentees aliis A Patent To Print Almanacks A Patent to To Print David's Psalms A Patent to one Kirke aliis To take the Benefit of Sowing Flax and Hemp. A Patent to Richard VVelch To Print the History of Cornelius Tacitus A Patent to _____ To Transport Iron and Tynn A Patent to John Norden To Print Speculum Brittaniae A Patent to To Print the Psalms of David according to the Hebrew-Text A Patent to certain Merchants To Traffick A Patent to Sir Jerom Bowes To make Glasses A Patent to _____ To Provide and Transport Lists and Shreds Anno 35 Reginae A Patent to Henry Noell To make Stone-Pots c. A License to William Aber To Sow Six Hundred Acres of Ground with Oade A Patent to Mr. Heale To provide Steel beyond the Seas A Patent to _____ To have One Shilling upon ever Hogshead of Pilchards A Patent to _____ To have the Benefit of Forfeiture by Gig-mills A Patent to Elizabeth Mathews For Train-Oyl of Blubber A Patent to Richard Drake For Aqua-Composita Aqua-Vitae Vinegar and Alegar A Patent to Robert Alexander For Aniseeds A Patent to Edward Dacry For Steel A Patent to Michael Stanhop For Spanish-Wools A Patent to Valentine Harris To Sow Six Hundred Acres of Ground with Woade A Patent to _____ To take Benefit of the Statute for Gashing of Hides c. A Patent to Mr. Cornwallis For unlawful Games A Patent to Henry Singer Touching Printing of School-Books A License to Arthur Bassaney To Transport Six Thousand Calf-Skins A Patent to Edward Darcy To Provide Bring Make and Utter Cards A Patent to Thomas Morley To Print Songs in Parts A Patent to Sir John Packeington For Starch and Ashes A Patent to _____ To make Mathematical Instruments A Patent to _____ To make Salt-Peter A Patent to Thomas Wight and Bonham Norton To Print the Law-Books A Patent to _____ For Livers of Fishes A Patent to _____ For Polldavis for Fishing After the Reading of which Note nothing was Concluded upon but a Meeting appointed on Tuesday in the Afternoon On Tuesday Novemb. 24. A Bill declaring the Lordship of Llandan alias Llandaugher to be within the County of Carmarthin was Read the second time and Committed and the Time and Place appointed for their Meeting to be to Morrow in the Afternoon in the Middle-Temple-Hall A Bill to Enable Edward Moleneux Esq to sell Lands for the Payment of Debts and Legacies A Bill for Painting was Read and Committed A Motion was made by Mr. Doyley of Lincolns-Inn That before Mr. Moleneux's Bill was put to the Question his Councel for the Passage thereof might be Heard as also Mr. Moleneux himself a Councellor of Grays-Inn who came to spake against the Bill And they were admitted to the Bar to speak where it was alledged against the Bill by the said Mr. Moleneux of Grays-Inn That it was drawn of purpose to Defeat himself and his Brother and a few Children-Infants and Fatherless which could not be Answer'd by Mr. Hitcham of Councel with the other Moleneux for the Bill Which Reason quashed it And so after they were put out the Bill was put to the Question for Ingrossing and the greater Voyce was No. So it was Rejected Sir Francis Hastings brought in the Bill against Ale-Houses and Tippling-Houses Sir Edmund Morgan a Member of this House was served with a Subpoena at the Suit of one Lemney who was sent for by the Serjeant Mr. Pemberton another Member of this House was also served with a Subpoena at the Suit of one Mackernes who was also sent for by the Serjeant A Bill to prevent Double-Payment of Debts upon Shop-Books Mr. Phillips Mr. Phillips shews the Danger of an Old Statute touching Charatable Uses shewed the Great danger that might insue by the Statute made 39 Reginae Cap. 6. Intituled An Act touching Charitable Uses which Statute was made to a good intent but yet it may tend to the setting a Foot in all the Monasteries in old time and other Religious Houses as also to the searching into the estate of divers particular Subjects in this Realm First In respect of the Title Secondly In respect of the Preamble Thirdly In respect of the Body And Fourthly In respect of the Conclusion which appeared some-what plain to the House upon the Recital of the words of the Statute And therefore he thought it a Duty in Conscience to offer to the Consideration of this House a Bill entituled An Act to Explain the true Meaning of the Statute made 39 Reginae cap. 6. Which was presently Read After some loud Confusion in the House touching some Private Murmur concerning Monopolies Mr. Secretary Cecil said Secretary Cecil about Monopolies The Duty I owe and my Zeal to Exstinguish Monopolies makes me to Speak now to satisfie their Opinions that think there shall be no Redress of these Monopolies Order is Attended with these Two Hand-Maids Gravity and Zeal but Zeal with Discretion I have been though Unworthy a Member of this House in Six or Seven Parliaments yet never did I see the House in so great Confusion I believe there was never in any Parliament a more tender Point handled than the Liberty of the Subject and the Prerogative Royal of the Prince What an Indignity then is it to the Prince and Injury to the Subject that when any is Discussing this Point he should be Cryed and Coughed down This is more fit for a Grammar-School than a Parliament I have been a Councellor of State these Twelve Years yet never did I know it subject to Construction of Levity or Disorder Much more ought we to be in so Great and Grave an Assembly Why we have had Speeches and Speech upon Speech without either Order or Discretion One would have had us to proceed by Bill and see if the Queen would have denyed it Another that the Patents-should be brought here before Us and Cancelled and this were Bravely done Others would have Us to proceed by way of Petition which of Both doubtless is Best But for the First and especially for the Second It is so Ridiculous that I think We should have had as bad Success as the Devil himself would have wished in so good a Cause Why If Idle Courses had been followed we should have gone forsooth to the Queen with a Petition to have Repealed a Patent or Monopoly of Tobacco-Pipes Which Mr. Wingfeild's Note had and I know not how many Conceipts But I wish every Man to rest satisfied until the Committees have brought in their
this House speak Wisely we do him great wrong to Interrupt him If Foolishly let us hear him out we shall have the more Cause to Tax him And I do heartily pray That no Member of this House may Plus verbis offendere quà m Concilio Juvare Mr. Francis Moore said Mr. Fr. Moore I must confess Mr. Speaker I moved the House both the Last Parliament and This touching this Point but I never meant and I hope this House thinketh so to set Limits and Bounds to the Prerogative Royal. But now seeing it hath pleased Her Majesty of Her Self out of the Abundance of Her Princely Goodness to set at Liberty Her Subjects from the Thraldom of these Monopolies from which there was no City Town or Country free I would be bold to offer in one Motion Two Considerations to the House The First That Mr. Speaker might go unto Her Majesty to yield Her most Humble and Hearty Thanks and withal to shew the Joy of Her Subjects for their Delivery and Thankfulness unto Her for the same The Other Whereas divers Speeches have been made Extravagantly in this House which doubtless have been told Her Majesty and perhaps all ill Conceived of by Her I would therefore that Mr. Speaker not only should satisfie Her Majesty by way of Apology therein but also humbly crave Pardon for the same Mr. Wingfeild said Mr. Wingfeild My Heart is not able to conceive the Joy that I feel and I assure you my Tongue cannot utter the same If a Sentence of Everlasting Happiness had been Pronounced unto me it could not have made me shew more outward Joy than now I do which I cannot refrain here to Express And as I think he Wept There could nothing have been more Acceptable to the Subject than this Message And I verily think That if ever any of Her Majesty's Words were Meritorious before God I do think these are I do agree with all my Heart in the First Part of the Gentleman's Motion that last spake but do utterly mislike the Latter For it is not to be intended we should have had so Good and Gracious a Message if the Truth of some particular Speeches had been delivered unto Her And now for us to Accuse our selves by Excusing a Fault with which we are not Charged were a thing in my Opinion inconvenient and unfitting the Wisdom of this House Sir George Moore spake to the same Effect Mr. Francis Bacon spake to the same Effect also Mr. Fr. Bacon and in the End concluded thus Nescio quid peccati portet haec Purgatio So it was put to the Question and concluded That Thanks should be Returned by the Speaker and some a Dozen were named to go with him as a conveniet Number and Intreaty made to the Privy-Councellors to obtain Liberty of Her Majesty to be Admitted A Bill for the Mending of the Statute made 8 Eliz. cap. 11. Entituled An Act for the true Making of Hats and Caps Read the second Time and Committed The Committee to meet at the Middle-Temple-Hall on Saturday in the Afternoon A Bill limitting what Persons shall Make Dye and Retail Colour'd Clothes A Bill for the Furnishing Her Majesty's Navy-Royal with good and sufficient Cordage Read The Substance of this Bill was the same with that the Bill of Hemp was which hath been once Rejected this Parliament and it hath a Limitation to endure to the End of the next Parliament After a Speech made by Mr. Fettyplace and Mr. Johnson of Grays-Inn The First For the Bill the Other Against it Mr. Johnson said Mr. Speaker Old Parliament Men say A Bill once cast out should not be read again This Bill is the very same we once cast out and I think it were very good this Bill marched Pari pede with the Former Mr. Comptroller shewed How necessary Cordage was to the Land and also Flax and Hemp which we might have in our own Land if it happen'd that Intercourse of Traffique were hindered in other Countries And therefore he wished That a Bill of this Nature might not so slightly be Rejected but that it might be once again Read and Committed The House upon this Bill was Divided The I I I were 70 the Noes 102. The Bill for Landonerer Mr Secretary Cecil said Secretary Cecil If I should tell you otherwise than Truth in a Matter of so great Consequence I should need no other Process than my own Conscience That to so gracious a Message there were never returned more Infinite Thanks we all are assured From the Queen I have received a short Answer in these words You can give Me no more Thanks for that which I have promised You than I can and will give You Thanks for that which You have already Performed Meaning the Subsidies and Fifteens So inseparably are the Qualities of the Prince and the Subject good for the one and the other If by true Interpretation of the Law Voluntas Reputatur pro facto You shall not need your Good-Will being already known use any Actual Thanks neither will She receive any till by a more effectual Consummation she hath Compleated that Work At that time she will be well pleased to receive your Loves with Thanks and to return You Her best Favours A Bill for the Granting of Four Subsidies and Eight Fifteens On Fryday Novemb. 27. The Bill for Norwich was Read and Committed the Place of Meeting the Exchecquer-Chamber on Monday in the Afternoon Sir Francis Hastings said I cannot find a better time after so good a Bill Sir Francis Hastings For the Maintenance of the Word in Preaching than to move unto you a good Course for the Maintenance of Hearing He that seeketh to please All shall please None and he that seeketh to please All in God's Cause shall not please a Good Conscience There is a Necessity if the Queen's Will so be that this Bill should be Preferred For Religion is the Mother of Obedience Four Exceptions have been taken to the Bill That the Husband should not pay for the Wife nor the Father for the Son nor the Master for the Servant And That Recusants that pay the Penalty of Twenty Pound the Month by Force of the Statute 23 Reginae should not be included All these Penalties are now Excluded I know some Half-Parishes I would I could not say some Whole-Parishes perverted by Jesuits and Seminaries These be of the poorer and meaner sort of People of whom this small Tax of Twelve Pence being duely Levied will more pinch than any Law ever yet devised And I humbly beseech both in regard of the State of the Countries and of our more secure Obedience to Her Majesty it may be looked into and Received The Bill is Entituled An Act for the more speedy Coming to Church on Sundayes Dr. Perkins brought in the Bill from the Committee Entituled An Act for the Benefit of Merchants and furtherance of Her Majesty's Customs Mr. Speaker stood up The Speaker advises the House
avoid Idleness and for setting the Poor on Work Which Bill is in manner of a Monopoly for there be certain named in it who undertake to keep Fifty Thousand Poor on Work in making Pins Wool-Cards Needles c. A Bill for Reformation of Abuses in Buying and Selling of Spices and other Merchandises was brought from the Committee and Ordered to be Ingrossed A Bill for the Enlargment of a Jointure to Rachel Wife of Edward Nevill of Burling in the County of Kent Esquire A Bill for the Perfecting of the Jointure of the Lady Bridget Countess of Sussex Wife of the Right Honourable Robert Earl of Sussex Read and Committed A Bill for the Confirmation of the Sale of certain Lands sold by Lewis Lord Mordant c. Read and Committed to the former Committees Mr. Edward Mountague said Mr. Speaker Mr. Mountague's Charitable Motion I will make a Charitable Motion which I hope will tend to a Charitable End and briefly it is this That no private Bill may Pass in this House but the Procurers to give something to the Poor Mr. Secretary Cecil said My Motion is stirred up Secretary Cecil seconds it with some Alteration with the like Charitable Affection which first moved the Gentleman that last spake only I disagree from him in the Manner We see the Streets full of Souldiers some Maimed some Poor but all Distressed Our ordinary begging Poor are all Provided for and Statutes made for their Maintenance I would only move thus much to the House That this Contribution proceeding out of our Charity might be only imployed to the Relief of them who have ventured their Lives to defend Us. The House said it was a good motion and so generally agreed unto it Mr. Richard Messenger said Mr. Messenger for the same I would but move the House only that they which have already had any Bill passed this House this Parliament may also be Contributary as well as they which are to come Mr. Mountague said Mr. Mountague particularizes the Sums Because I offered to the Consideration of this House this motion first I will presume also more particularly to deliver my Opinion I think for every private Bill for Sale of Lands Ten Pounds a reasonable Benevolence and for every Estate for Life or for Jointure Five Pounds Mr. Ravenscroft said I would only move to know whether this should remain as a perpetual or temporary Order for this Parliament Mr. Secretary Cecil said The House only means it for this present and all said I I I. And so the Order was entred accordingly Mr. Dannet Mr. Dannet's Speech and Motion against the Pirates of Dunkirk and Newport a Burgess for Yarmouth said Mr. Speaker the Duty that I owe to my Sovereign and Country makes me bold to crave your Patience to hear me The Matter that I shall speak of is twofold The First concerneth the honour of the Queen The Second the safety of our Country Two very high points for me to handle and require a more Eloquent Discourse than I am able to make I will use no Circumstance or with superfluous Matter abuse the time which is precious but to the Matter I have been of the Parliament Five or Six times and I have alwayes observed by this House and I would willingly be resolved by the Honourable about the Chair that all the Wars of Her Majesty are offensive and I do not hear the contrary How then comes it that such a Number of Her Majesty's Subjects be Spoiled Robbed Beaten Wounded themselves taken and used with such extream Torture Racked Carried away Imprisoned Ransomed Fined and some times Executed and all this time no Wars But give me leave to say for these Ten Years I am sure the Subjects of this Land on the Sea-Coasts have undergone these Tyrannies And by whom Even by two base Towns Dunkirk and Newport Dunkirk began with Two Ships and are now increased almost to Twenty they be at home at Supper and the next Day here with us I must needs confess that the great Charge that I know the Lord Admiral is at Continually by lying ready to take these Pirates is much but send to take them they straight Fly home If our Ships return they are straight here again I dare boldly say they have done England more hurt since they began than all France either in the time of Hen. 8. Edw. 6. or Queen Mary If it be so that these Two base Towns shall so affront the Power of this Land I see no Reason they should be suffered For it is a great Dishonour both to the Queen and the Kingdom I have heard many say That the Navy of England is the Walls of the Kingdom and yet we suffer our Ships still to be Destroyed some to be Burnt some to be Sunk before our Faces We may compare our Sea-men to Sheep Feeding upon a Fair Mountain in the midst whereof stands a Grove full of Wolves Why Mr. Speaker we are so plagued with them that they are so bold as now and then to take our Harvest-Men tardy by Ambuscadoes I speak it with Grief and it was Reported unto me by a Scottish-Man that Duke Albertus and the Infanta should openly publish That they would pull down so many of the Walls of England that they would easily make an Entry and it had been better for Sea-Coast-Men to have given the Queen an Hundred Subsidies that they had been long since Suppressed My humble Motion is That it would please the House to enter into Consideration of these things For the Honour Good and Safety both of the Queen and Kingdom ' Mr. Peake said Mr. Peake I must needs shew unto this House upon so good an occasion offered how grievously the Town of Sandwich for which I serve is vexed and almost undone insomuch as that in that Town there is neither Owner Master nor Mariner that hath not felt it Her Majesty is continually at Charges but what insueth or cometh of it I never yet knew In the County of Kent at Shooters-Hill Gads-Hill Barram-Down c. if there should be several Roberies Committed and the Justices look nothing to it it would be taken in ill part Every day Men come home their Goods and al they have is taken away yea their very Apparel And if the Ships might be also carried away they would do it This would be Amended and looked unto we have need to Cherish this Subject For I think him to be the best and most necessary Member of the Common-Wealth I mean the Navigator Mr. Martin said Mr. Martin I like not these Extravagant Speeches in the Manner though I mislike them not in the Matter they are like to Men whose Houses being on Fire forgetting themselves run out into the Streets like Mad-Men for Help That that Cottage of Dunkirk the Flourishing Estate whereof is a dishonour to our Nation should so much offend us when we never offer to oppress them is a Marvail I think there is no
Inform you that the Gentleman that had the Patent hath made a voluntary and willing Surrender thereof laying the same even at Her Majesties Feet which Her Majesty most Gratiously and Willingly Accepted Now my Motion is this I know their Bill is coming and that the Parliament will be short If we shall read Ours and they send Theirs this will breed Disputation perhaps Confusion and so in so good and necessary a Cause just nothing done but both neglected Therefore my desire is we may tarry for Theirs But the House would have it Read viz. A Bill against Transportation of Money Coin Plate Ordnance c. On Wednesday Decemb. 16. A Bill for the Change of the Sirnames of those that shall Marry the two Daughters and Heirs of William Waller Esq into the Name of Debden was read the first time A Bill for Relief of the Poor was Read and Ordered to be Ingrossed A Bill to make the Lands and Tenements of Edward Lucas Gentleman Deceased Executor of the last Will and Testament of John Flowerdewe Esq Deceased liable to the payment of certain Legacies given by the last Will of the said Flowerdewe and to the payment of divers other Debts owing by the said Lucas in his Life time was read and Ordered to be passed The Bill for the Appeasing of certain Controversies between Francis Ketleby and Andrew Ketleby and Jane his Wife The Substance of which is that the Matter shall be referred to Sir Robert Cecil Sir Walter Rawleigh Sir Francis Hastings Sir Edward Stafford c. And their Award to stand Good A Bill for the necessary Relief of Souldiers and Marriners was read and Ordered to be passed A Bill for the true making of Woollen-Cloth was read and Ordered to be passed with a Proviso In the Afternoon A Bill concerning Captains Souldiers and Marriners A Bill about Souldiers and Mariners c. was read the second time and by Reason of the Generality of the Bill it was much excepted against by Sir Walter Rawleigh and others Mr. Glascock said Mr. Speaker Mr. Glascock speaks to it and against Justices of the Peace I have something Touching this Bill to deliver to the House in discharge of my Conscience And I do humbly and heartily pray you all to hear me patiently and quietly without Interruption I have been observed Mr. Speaker to be an Enemy to Justices of the Peace and to have spoken Irreverently and much against them For my own part I mind now to make my last Speech for this Parliament and this Protestation withal That I never used any Irreverent Language towards those whose Honesty joyned with their Authority and make themselves Famous under the Title of Upright Justices My Speech was never uttered against them but against two sorts of Justices that have Authority at the Commission of Musters for a I within the County are Authorized Generally by the word Justices by whom I would be loath to be Yoaked or Commanded The first is the Uncircumcised Justice of Peace the other The Adultering Justice of Peace The Uncircumcised Justice Two sorts of Justices of the Peace called Vncircumcised Adultering Justices is he who from base Stock and Linage by his Wealth is gotten to be within the Commission And I call him Uncircumcised because he hath not cut off the Fore-skin of his Offences and so by his Vertue wiped away the blot or stain of Baseness in his Birth and Linage The Adultering Justice is he that is a Gentleman-Born Vertuous Discreet and Wise yet Poor and Needy And so only for his Vertues and Qualities put into the Commission This Man I hold unfit to be a Justice though I think him to be a good Member in the Common-Wealth Because I hold this for a ground Infallible That no poor Man ought to be in Authority my Reason is this he will so Bribe you and Extert you that the sweet Scent of Riches and Gain takes away and confoundeth the true Taste of Justice and Equity For the Scripture saith Munera excacant ocules Justorum and Justice is never Imprisoned and Suppressed but by Bribery And such kind of Ministers I speak of And I call him an Adulterating Justice because look how many Bribes he taketh so many Bastards he begets to the Common-wealth Then let us see whence these Justices do come and how they be made It cannot be denied but all Justices are made by the Lord-Keeper then he is in fault and none else For my own Opinion I have ever held him to be a Man both Honourable Grave and Wise so Just that never was the meanest Subject so Wronged that he ever Complained Therefore his Justice cannot be Taxed I but his Care may for he only maketh them No I may more easily Excuse him than our selves for he maketh none but such as have Certificates Commendatory from the Justices of Assize Why then they be in fault for impossible it is my Lord-Keeper should know the Quality and Sufficiency of them himself but only Per aluim in trust as by the Justices of Assize No the Gall lies not there for they neither by Reason they are not always rideing one Circuit are well acquainted with the natures of those secret Justices but when any desireth to be a Justice he getteth a Certificate from divers Justices of the Peace in the Country to the Justices of Assize Certisying them of their Sufficiency and Ability And they again make their Certificate believing the former to the Lord-Keeper who at the next Assizes puts them into Commission And thus is the Lord Keeper abused and the Justices of Assizes abused and the Country Troubled with a Corrupt Justice put in Authority The Cause comes only from the Justices themselves And who be they Even all of you here present or most of us My Suit therefore is That you will abstain from such Commendations and hold your Hands from Writing Iniquity and doing so Sinful a Deed as to Commend an unworthy Person and not to Commend a Worthy and Deserving Subject And I think this a position both true and publique that it is as great a Sin to add to the Unworthy as to detract from the Worthy And Mr. Speaker if these Men may be excepted out of the Bill I will not only be ready to go but to run forth to have so good a Law Established Then Mr. Townshend the Collector of this Journal stood up and shewed That in too much Generality there never wanted Error And so in this Bill being too General namely all from the Age of Eighteen to Sixty must appear at Musters and may be Prest no exception of any and therefore no Profession exempted It is not unknown unto you that by Profession I am a Lawyer and therefore unfit to be a Professor of the Art of War Therefore I pray that it would please the House if they would Commit the Bill to Commit it to be returned on the last Day of the next Parliament or else that as a Worthy
Gentleman Serjeant Heale the last Parliament in a Bill of this nature moved to have an Exception or Proviso for all Serjeants A Motion made in Mirth it would please you to admit of a Proviso for all Lawyers At which the House Laughed heartily it being done for Mirth And divers Motions of the like nature were made On Thursday Decemb. 17. Sir Edward Hobby shewed The Parliament was now in the Wane and Order had been taken Touching the Information delivered to this House in Mr. Bellgraves Case but nothing done therein And as it seemeth by not taking out of the Process a Prosecution of the Cause is intended against the said Mr. Bellgrave I think it therefore fit because the chief scope of the said Information seemeth to be Touching a Dishonor offered to this House that it would please you that it might be put to the Question Whether he hath Offended this House yea or no If he hath he desireth to be Censured by you If he hath not it will be a good Motive to the Honourable here present who are Judges of that Court for their Satisfaction in cleering the Gentleman of that Offence when it comes before them Mr. Speaker moved the House That because the Parliament was like to end on Saturday it would please them to send the Bill of Ordnance to the Lords And that they might be moved to retain all private Bills in their Hands until the Ten Pounds or Five Pounds was paid according to our former Order So the House cried Mr. Secretary Cecil who went and did accordingly And then they proceeded in the Motion concerning Mr. Bellgrave Mr. Comptroller said I know the Gentleman to be an honest Gentleman and a good Servant to his Prince and Country And for his Offence to this House I think it very fit to clear him And do wish it may be put to the Question If it please you he may be cleared I will be ready to vouch your Sentence for his Offence to this House when it comes there But if any other Matter appears upon opening the Cause with That we have not to do withal Mr. Secretary Cecil said Touching this great Offence in the Country I have heard it spoken of diversly but for my own part I am rather apt to move Consideration against him that drew the Bill one Mr. Diott and that he should be well Punished who being a Member of this House should seek to diminish the Prerogative of this High Court of Parliament by praying Aid of the Star-Chamber for an Offence done to Us this Court Sitting And I desire that two things may be Considered First That the Gentleman Mr. Diott make an Apology for his Action in drawing of the Information And Secondly That this Gentleman Mr. Bellgrave may be cleared here which will be a good inducement to the Lords not to censure him heavily there Mr. Ravenscrost said The Gentleman Mr. Diott is holden in the Reputation of an honest Man And we ought not to proceed against a Fellow-Member till he be called It is not Apparent unto Us that he made it the Information is under Mr. Attornies Hand and therefore ought to be intended his for now it is of Record under his Hand against which we can receive no Averment of Speech of others other than the Gentleman 's own words viva vocae And that I think he will not confess And so there was no more said of this Matter It was put to the Question Whether he should be cleared of the Offence to the House Yea or No And all cried I I I but only Young Mr. Francis Grantham who gave a great No At whom the House Laughed and he Blushed Sir Francis Hastings said Sir Fr. Hastings against Extravagant Speeches Mr. Speaker Because I see the House at so good Leasure I will be bold to remember some Matters passed this Parliament and deliver my Opinion with desire of Reformation I mean not to Tax any Man Divers Speeches have been used concerning Justices of the Peace so Slanderous and Defamatory with so unwonted Epethites with such Slanderous Definitions a Testimony of Levity for the one and scant sound Judgment for the other And therefore I do humbly pray the Honourable here present that those Justices which serves Religiously Dutifully and Carefully may be Countenanced The Church and Common-Wealth are two Twins which Laugh and Live together Long have we joyed in Her Majesty's Happy Government and long may we We have two strong Enemies Rome and Spain from thence all our Rebellions have Proceeded and by Treasons Hatched there the Sacred Life of our Sweet Soveraign hath been sought and indangered The boldness of the Jesuits and Seminaries The Insolence of the Jesuits is greatly increased and they be very diligent to pervert which their often and ordinary Published Pamphlets to every Mans view well Testifieth and Apparently sheweth the Perversness of their Spirits and Corruptness of their Hearts And the Multitude being Perverted What Danger this may breed to the State and our Sovereign Queen Judge you For my part I am and will be ready to lay my Life at Her Feet to do Her Service We had need to have special Care of them for themselves do brag they have Forty Thousand true Hearted Catholiques for so they call them in England besides their retinue poor Catholiques and Neuters and I know not what It is therefore fit we look to this dangerous Case and not to think our selves secure because we find no harm For it is a true Position That Security without Providence is most Dangerous I conclude only with this desire that those who have Supream Authority will look that those who have inferior Government may do faithfully And that we may be kept in Obedience Mr. Wingfeild spake to the same effect And because it had pleased the House that the Clerks Servant should serve this Parliament in his Masters steed Mr. Onslowe who was sick that the House would in regard of his faithful Service and diligent attendance give Twelve Pence a piece or what they should think good every man in his discretion That Motion was liked and agreed to be gathered the next morning In the Afternoon A Bill for the Changing of the Surnames of William Waller Esquire A Bill to Change the Name of Wallers to Dibdens and his two Daughters and the Names of them that should Marry them into the Name of Dibden was Read the second time Serjeant Yelverton and Doctor Hone brought a Bill from the Lords Intituled An Act for Reformation of Deceipts and Frauds of certain Auditers and their Clerks in making of divers particulars Serjeant Harris spake to the Bill of Waller Serj. Harris to the Bill of Waller In Law there is a Bastard a Mulier And a Bastard hath the Name of the Mother a Mulier of the Father If a man come into a Poulterers Shop to buy a Wood-Cock or Hen he buyes it by the name of a Cock And if it be
ac vobis per seperalia Brevia nostra apud Civitat diem praedict interesse mandaverimus ad tractandum consentiendum concludendum super hiis in dicto Parliamento nostro tunc ibidem proponerentur tractarentur quibusdam tamen certis de causis considerationibus nos ad hoc specialiter moventibus dictum Parliamentum nostrum usque ad quartam diem Februarii prox futur duximus prorogandum Ita quod nec vos nec aliquis vestrum ad dictum duodecimum diem Novembris apud Civitatem praed comparere teneamini seu autemini volumus enim vos quemlibet vestrum nos penitus openerari Mandanies tenore presentium firmiter injungendo precipientes vobis cuilibet vestrum ac omnibus aliis quibus in hac parte intererit quod ad dictum quartam diem Februarii apud praedictum Civitate Westmonaster personaliter compereatis intersitis quilibet vestrum compereat intersit ad tractand faciend agend concludend super hiis quae in dicto Parliamento nostro de Communi consilio dicti Regni nostri favente Domino contingerint ordinari In cujus rei testimonium has literas nostras sieri fecimus Patentes Teste meipsam apud Westm quinto decimo die Octobris Anno Regni nostri tricesimo Per ipsam Reginam Ha. Gerrarde And according to this Prorogation the Parliament held on the fourth day of February following when the Queen's Majesty in her accustomed state and order came to the Upper House accompanied by Sir Christopher Hatton Knight then Lord Chancellor of England and divers of the Nobility of which the Journal-book maketh mention in manner and form following On Tuesday the fourth of February Feb. 4. The Q. comes to the House of Lords in the 31th year of the Reign of Queen Elizabeth to which day the Parliament had been last prorogued and accordingly now held the Queen's Majestie was personally present in Parliament but the Journal-book doth not mention the names of such Lords as were then present The Queen being set under her Cloath of Estate and the Lords placed in their several ranks and order and as many of the House of Commons as conveniently could being let in and standing before the Bar Sir Christopher Hatton Knight Lord Chancellor of England Heads of the L. Chancellor Hatton's Speech in a well-framed and discreet Speech did there declare unto them at large the Queens gracious disposition to Peace and her great wisdom in preserving the same and singular government of the Realm Next he shewed the great benefit which this Kingdom enjoyeth by her Government and remembred the great Conquest over the Spanish late wonderful Army or Fleet on the Seas viz. Anno Dom. 1588. He further declared how much the King of Spain remained bent against this Kingdom And lastly shewed that the cause of calling this Parliament to be that by the consent of the most grave and wise persons now called together out of all parts of the Realm preparation may as far forth as by councel of man is possible to be made and provided that Arms Souldiers and Moneys may be in readiness and an Armie prepared and furnished against all Events The Lord Chancellor's Speech being ended the Clerk of the Parliament read the Names of the Receivers and Triers of Petitions in French according to the usual form which were these Receivers of Petitions for England Ireland Wales and Scotland Sir Christopher Wray Chief Justice Committees or Receivers and Triers of Petitions Sir Gilbert Gerrard Kt. Master of the Rolls Sir Robert Shute one of the Justices of the Kings-bench Dr. Aubery and Dr. Ford. Receivers of Petitions for Gascoigne and other Countries beyond the Seas and the Isles Sir Edmond Anderson Chief Justice of the Common-Pleas Sir Roger Manwood Chief Baron Francis Windham one of the Justices of the Common-Pleas Dr. Clarke and Dr. Cary. Triers of Petitions for England Ireland Wales and Scotland The Archbishop of Canterbury the Earl of Darby the Earl of Worcester the Earl of Sussex the Bishop of London the Bishop of Winchester the Lord Howard of Effingham Lord Admiral the Lord Cobham and the Lord Gray of Wilton Triers of Petitions for Gascoigne and for other Countries on the other side the Seas and the Islands The Earl of Oxford great Chamberlain of England the Earl of Warwick the Earl of Pembrooke the Bishop of Salisbury the Bishop of Lincoln the Bishop of Rochester the Lord Hunsdon Lord Chamberlain to the Queen the Lord Lumley and Lord Buckhurst During this Parliament upon several days seven Temporal Lords sent their Proxies so did five Spiritual Lords Et norandum That all the said Spiritual Lords excepting one did every one constitute two several Proctors and the fifth being John Bishop of Carlisle whose Proxie was returned February the fifth made onely one viz. the Archbishop of Canterbury his Proctor It likewise seldom happeneth that any Bishop doth nominate fewer than three or two Proctors nor any Temporal Lord more than one Nota That the Lord Burleigh had this Parliament four Proxies sent unto him viz. one from the Lord Dacres one from the Earl of Warwick one from Viscount Mountacute and one from the Lord Lumley Ipsa Regina continuavit praesens Parliamentum usque in diem Jovis prox hora secunda post meridiem On Thursday February 6. to which day the Parliament had been last continued the Queens Majestie was personally present coming to the said Parliament in her accustomed state and order about three of the clock in the afternoon it being the time appointed for the House of Commons to present their Speaker who they had been authorized to chuse on Tuesday last when the Parliament first began And thereupon accordingly the Queen and Lords being set and the said Knights Citizens and Burgesses of the House of Commons being let into the Upper House two of the most eminent persons of the said House did lead up to the Bar of the Upper House George Snagg Serjeant at Law Geo. Snagg their Speaker presented to the Queen Excuses himself who was chosen the Speaker of the said House of Commons who being placed at the said Bar and silence being made did in a modest and discreet Speech disable himself by reason of his many imperfections and humbly desired her Majestie to discharge him of that great Place and to nominate some other more able and sufficient Member of the same House Whereupon the Lord Chancellor by commandment from the Queen The Queen approves of him did let him know That her Majestie did very well allow of his Choice and thereupon encouraged him willingly and cheerfully to undertake and execute that Charge and Place to which he had been by the free and unanimous consent of the House of Commons elected and chosen Upon which Speech of the Lord Chancellor's the said Speaker according to the usual course and form rendering all humble thankfulness to the Queens Majestie for her underserved
goodness towards him He returns his thanks in conceiving him able and worthy for the execution of a Place of that great Charge and Trust and promising his care and readiness with all diligence to undergo the same he did offer up unto her Majestie divers Petitions in the name and on the behalf of the House of Commons First Petitions the Queen in behalf of the Commons That during the continuance of this Sessions themselves and their necessary Attendants and Servants might be freed from all Suits and Arrests Secondly That they might have free access to her Majestie upon all urgent and important occasions Thirdly That they might have free liberty of speech in the said House to debate and dispute of such matters and things as should be there proposed And lastly he petitioned her Majestie on his own behalf that if any thing should be mistaken or unwillingly omitted by himself that she would be graciously pleased to pass by and pardon the same To which Speech the Lord Chancellor The Queen allows of them by commandment from the Queen shortly replied That her Majestie was graciously pleased to grant all his Petitions and that he the said Speaker and the House of Commons should use and enjoy all such Liberties and Priviledges as others in like cases before them had been accustomed to use and enjoy in the times of her Majesties most noble Progenitors withal admonishing them not to extend the said Priviledges unto any irreverent and mis-beseeming Speeches or unnecessary Accesses to her Majestie After which Speeches ended the Lord Chancellor by command from the Queen continuavit praesens Parliamentum usque in diem Sabbati prox hora nona On Saturday Feb. 8. to which the Parliament was continued were present the Archbishop of Canterbury the Lord Chancellor the Lord Treasurer the Marquiss of Winton the Earl of Derby great Steward six Earls twelve Bishops and eighteen Barons more An Act concerning Captains and Souldiers prima vice lect Two Bills read about the Souldiery and Husbandry An Act for maintainance of Husbandry and for increase of Tillage prima vice lect Dominus Cancellarius continuavit praesens Parliamentum usque in diem Lunae prox hora nona February the ninth Sunday On Munday Feb. 10. were four Bills read whereof the last being a Bill concerning Captains and Souldiers secunda vice lect commissa Domino Thesaurario Marchioni Winton six other Earls three Bishops eleven Barons Serjeant Puckering nostro Atturnato Nota That here meer Attendants of the Upper House Observation of the Collector of this Journal and no Members of it are made joynt Committees with the Lords which is very usually done in the Parliaments foregoing in the Reign of this Queen where also the Judges being but meer Assistants of the said House are often nominated Committees also Whereas in the last Parliaments of her Majesties Reign viz. in Anno 39 Anno 43. and in the latter times of King James and our present Soveraign his Son these are seldom or never nominated as Committees but onely as Assistants to the Committees to give their advice if it shall be required and not otherwise And although the Clerk of the Parliament might at some times mistake and erre in setting such down for Committees as were onely commanded to be attendant upon or assistant unto the said Committees yet that he should so often mistake in so many Parliaments and the rather because such Committees are frequently named divers times in sundry of the several Sessions it is most unlikely and improbable Dominus Cancellarius continuavit praesens Parliamentum usque in diem Veneris prox hora nona On Friday Feb. 14. an Act for the more speedy payment of Dismes and Tenths primae vice lect Memorandum The Lords Committees brought in the Bill concerning Captains and Souldiers with Amendments And by reason of divers defects in the same Bill they had framed a new Bill which new Bill by consent of all the Lords was received and prima vice lect An Act touching Constats of original Conveyances made by the Queens Majestie Bill about Original Conveyances Bill about Writs of Errour read and committed secunda vice lect An Act to save discontinuance of Writs of Errour upon Errours in the Courts of Exchequer secunda vice lect commissa Archiepisc Cant. Ebor. Dom. Senescallo three Earls three Bishops six Barons Magistro Rott Servient Shuttleworth nostr Attur Solicitor Nota here also as in the Page before going such as are no Members of the Upper House are made joynt Committees with the Lords Dominus Cobham Dominus Stafford Robis Parliamentaribus induti introdxerunt Dominum Talbott cumque ad locum suum perduxerunt praeeunte Gartira Principale Rege Armorum qui etiam tunica Armorum indutus erat Because the dayly continuing of the Parliament in these words Dominus Cancellarius continuavit praesens Parliamentum c. is but matter of form it is henceforth omitted unless somewhat extraordinary fall out in respect of the person or manner of continuing of it On Saturday Feb. 15. three Bill were read whereof two of them the first being an Act for maintainance of Houses Three Bills read two committed viz. for Tillage and Husbandry and against Horse-stealing for Husbandry and Tillage and the second being an Act against Horse-stealing were secunda vice lect tunc commissa Domino Thesaurario 4 Comitibus 2 Episcop 8 Baronibus Justiciario Gawdy Servienti Puckering Solicitatori Reginae Nota That here also one Assistant of the Upper House and two Attendants upon it are made joynt Committees with the Lords February the 16th Sunday On Munday Feb. 17. four Bills were read whereof the first was an Act for Reformation of Excess in Apparel Bill against Excess in Apparel read committed secunda vice lect commissa Domino Thesaurario 3 Comitibus 2 Episcop 6 Baronibus Servienti Shuttleworth Solicitatori Reginae On Tuesday the 18th of February four Bills were read whereof the first was an Act providing Remedy against discontinuance in Writs of Errour in the Exchequer and Kings-bench tertia vice lect conclus and sent to the House of Commons by Serjeant Shuttleworth and Doctor Awbry and three other Bills Die Jovis xx o Feb. were four Bills read the first a Bill for having Horse Armour and Weapons prima vice lect and three other Bills Die Sabbati xxij o Feb. were three Bills read whereof the last was an Act concerning Captains and Souldiers tertia vice lect conclus and together with the two Bills aforesaid sent to the House of Commons by Serjeant Puckering and Doctor Ford. Three Bills were also sent from the House of Commons viz. an Act concerning Informers and two others of no great moment Feb. 23. Sunday On Munday Feb. 24. four Bills were read whereof one of them being a Bill for Writs upon Proclamation upon Exigents to be currant within the County Palatine
of Durham secunda vice lect commissa Justiciario Gawdy quod nota On Tuesday Feb. 25. two Bills were read whereof the first was an Act concerning Informers prima secunda vice lect conclus Bill about Informers and so expedited An Act for the abridgment of Proclamations upon Fines to be levied at the Common Law secunda vice lect wherein the Lords finding some imperfections sent down Serjeant Shuttleworth and Doctor Clarke to the House of Commons Lords desire a Conference to pray a Conference with some of that House which being granted the Lords for Committees were Lord Treasurer Lord Steward Bishop of Winton the Lord Cobham and the Lord Chief Justice of the Common-Pleas to attend the Lords Nota Observation That here one of the Judges is particularly nominated to attend upon the Lords Committees which may further prove that in all the former places where the Judges or the Queens learned Counsel are named as Committees it is no errour or mistake of the Clerk So that hence the difference may very well be gathered to be this That where a Committee of the Lords was formerly used to be selected out to meet with another Committee of the House of Commons here neither the Judges being but Assistants nor the Queens learned Counsel being but Attendants of and upon the House were ever nominated or appointed as joynt Committees with the Lords because the very Members of either House onely are then admitted to partake of such matters of weight and secrecy as they do there commonly confer upon But when the Lords amongst themselves do appoint a Committee to consider of some ordinary Bill that is to pass their House and especially if the Bill do concern matter of Law here it hath been anciently used and may still without any prejudice to the honour of that House be continued that the Kings learned Counsel but especially the Judges may be nominated as Committees alone or as joynt Committees with the Lords for in regard that nothing can be absolutely concluded at a Committee but all matters shall still depend on the resolution of the House and so no inconvenience shall ensue thereupon After the Committees of both Houses had met the Lords Committees proceeded to the amendments of the Bill and afterwards this present day the Bill and Amendments received their second reading and passed the House and were sent down to the House of Commons to be amended by them by Doctor Carewe and Master Solicitor It appeareth by the Journal-book that the House of Commons having yielded to a Conference did presently chuse Committees and sent them up to the Upper House Two other Bills had each of them one reading and one Bill was sent up to the Lords from the House of Commons all being of no great moment On Thursday Feb. 27. were two Bills read whereof the first being an Act for Reformation of Excess of Apparel Two Bills read was secunda vice lect commiss ad unum Comit. 4 Baron On Saturday March 1. March 1. were two Bills read of no great moment This forenoon also the Lords Committees return'd the Bill for the having Horses Two Bills read Armour and Weapons signifying that they could get no meeting but of so small a number as their Lordships would not deal in it The whole House presently proceeded to the Question Whether it should be ingrossed or no Upon which Question the Lords with one consent agreed it should be ingrossed March 2. Sunday On Munday March 3. two Bills were read whereof one of them concerning the sale of Tho. Hanford's Lands towards the payment of his Debts and another of no great moment had been sent up to the Lords this morning from the Commons On Tuesday March 4. two Bills were read whereof the latter was a Bill for Sale of Tho. Hanford's Lands c. secunda vice lect Whereupon the Lords ordered that as well the said Thomas Hanford as those that followed the Bill should be warned to be before them with their learned Counsel at the next sitting of the Court which shall be on Thursday next at nine a clock Two Bills of no great moment were this forenoon also sent up to the Lords House from the House of Commons On Thursday March 6. the Amendments of the Bill for maintainance of Husbandry were prima secunda vice lect commiss ad ingross Three Bills also of no great moment had each of them one reading And one Bill concerning the preservation of Orford-haven was brought up to the Lords from the House of Commons On Saturday March 8. were three Bills each of them once read of no great moment March 9. Sunday On Munday March 10. four Bills whereof the last being a Bill for an Assurance to be made of the Joynture of Anne Bill to assure the Joynture of Anne Nevill Wife of Henry Nevill Esq secunda tertia vice lect communi omnium Procerum assensu conclus Memorandum That before the third reading and the passing of the Act of the Joynture of the Wife of Henry Nevil by which all former Conveyances made by the said Henry Nevil of the Mannors of Waighfield and Wadhurst c. in the County of Sussex were made frustrate and void The Lords ordered That the said former Conveyance should by the Parties to the same be brought into this House and delivered to the Clerk of the Parliament sealed up to the end that if it shall please her Majesty to give her Royal assent unto the said Act that then the said Indentures and Conveyances should be forthwith cancelled But if it shall not please her Majesty to give her Royal assent that then the said Indentures and Conveyances should safely be redelivered to the said Parties unseen of any and uncancelled And to this all the Parties agreed as well before the Lords the Committees as before the whole House Memorandum That according to the said Order the Deeds mentioned therein were cancelled the 12th day of May Anno Regni Reginae Elizabethae tricesimo primo On Tuesday the 11th of March was one Bill read of no great moment Subsidy-Bill brought from the Commons And two Bills were brought up to the Lords from the House of Commons whereof the first was an Act of four Fifteens and Tenths and two entire Subsidies granted by the Temporalty and another of no great moment On Thursday the 13th of March the Amendments of the Bill for having of Horses Arms and Weapons prima secundae vice lect commiss ad ingross The Amendments also and a new Proviso annexed unto the Bill against Informers secunda tertia vice lect communi omnium Procerum assensu conclus and one other Bill of no great moment read prima vice On Friday March 14. the Bill of Subsidie was once read And the Bill for the Provision for Orford-Haven lect est conclus and sent to the House of Commons by Serjeant Shuttleworth and Mr. Powell
Subsidy-Bill read On Saturday March 15. were six Bills read whereof one being an Act against erecting and maintaining of Cottages Bill against Cottages tertia vice lect conclus and sent to the House of Commons by Dr. Clarke Another Bill being an Act for the confirmation of the Subsidies of the Clergie prima secunda vice lect commiss ad ingross Sunday March 16. On Munday the 17th of March were four Bills read whereof the first was the Bill of the Subsidie Subsidy-Bill assented to being tertia vice lect communi omnium Procerum assensu conclus There were also sent up to the Lords this sorenoon six Bills of no great moment On Tuesday March 18. were seven Bills read whereof one being an Act that the Children of Aliens shall pay Strangers Customs tertia vice lect conclus and sent with the former to the House of Commons by Dr. Clarke and Dr. Carewe There were also this morning brought up to the Lords from the House of Commons four Bills which were of so little moment as two of them were not mentioned in the Journal-Book On Wednesday March 19. were three Bills read of no great concernment On Thursday the 20th of March were two Bills read of no great moment And the same forenoon one other Bill of small consequence brought from the Commons On Friday March 21. were four Bills read whereof the first being an Act concerning the Hospital of Lamborn tertia vice lect conclus and sent to the House of Commons by Serj. Puckering and three other Bills of no great moment There were also sent up to the Lords from the House of Commons this forenoon three Bills of no great moment On Saturday March 22. were four Bills of no great concernment brought from the House of Commons Bill for maintainance of the School at Tunbridge And the Lords having this forenoon given three readings to the Bill for the better Assurance of Lands and Tenements for the maintainance of the Free Grammar-School of Tunbridge in the County of Kent did send the said Bill with those new Amendments to be passed also in the House of Commons the Bill it self having before passed that House and had been sent up from them to the Lords on Munday last March 23. Sunday On Munday March 24. three Bills of no great moment and the Amendments of the fourth were read And five Bills of as little consequence were sent up to the Lords from the House of Commons Memorandum quod Christopherus Wray Miles Capital Justiciar de Banco Reg. secum adduxit in Parliamento in Camera Parliamenti intra Dominos Breve de Errore Billam de Regina indorsat ac Rotnl in quibus continebantur placit processis in quibus supponebatur error ibid. reliquit transcript totius Recordi cum Clerico Parliamenti simul cum praedicto Breve de Errore in Parliamento On Tuesday March 25. An. 1589. 25. three Bills were brought up to the Lords from the House of Commons of no great moment and other Bills of as small consequence read in the House whereof one was read twice and the other thrice No mention is made of the continuance or adjournment of the Parliament being omitted by the Clerks negligence On Wednesday March 26. three Bills were read whereof the first being an Act to avoid secret Outlawries of her Majesties Subjects Bill to avid secret Outlawries For relief of Jurors tertia vice lect and sent to the Commons by Dr. Carewe And the last being an Act for the relief of Jurors read secunda tertia vice and rejected An Act also of no great moment was this forenoon sent up to the Lords from the House of Commons On Thursday the 27th of March nothing was done but the Parliament continued to the hour accustomed On Friday March 28. three Bills were sent up to the Lords from the House of Commons whereof the first was an Act for the explanation or declaration of the Statute of 8 Hen. 6. concerning forcible Entries Bill concerning forcible Entries the Indictments thereupon found expedit and two other Bills of no great moment An Act also for naturalizing Joyce the Daughter Ralph Elkin Gent. and Wife of Richard Lambert Merchant Bill for Naturalization born beyond the Seas read thrice expedit Dominus Cancellarius continuavit praesens Parliamentum usque in diem Crastinam dimid horae ante septimam On Saturday March 29. a Bill for continuance of divers Statutes tertia vice lect and sent to the House of Commons by Dr. Stanhopp and Mr. Powell Here by the negligence of the Clerk the Lords Spiritual that were present are omitted but the Lords Temporal that attended the Queen are thus named who was there personally present this day at the dissolving the Parliament Lords Temporal present at the Dissolution of this Parliament Sir Christopher Hatton Miles Dominus Cancellarius Dominus Burleigh Dominus Thesaur Angliae Marchio Winton Comes Darby Magnus Senescallus Comes Northumberland Comes Kane Comes Cumberland Comes Sussex Comes Hundingdon Comes Bathon Comes Pembrooke Comes Hartford Comes Essex Barones Dominus Howard Admirall Dominus Hunsdon Camer Dominus Willoughby Dominus Morley Dominus Cobham Dominus Talbott Dominus Stafford Dominus Grey Dominus Darcy Dominus Sands Dominus Windsor Dominus Wentworth Dominus Wharton Dominus Rich. Dominus Willoughby Dominus Northe Dominus St. John Dominus Buckhurst Dominus De-la-ware Dominus Norris These being thus set and the Commons House with their Speaker and as many as conveniently could being let in the said Speaker Bills presented to the Queen for Royal Assent according to the usual form presenting her Majesty with the Bill of two Subsidies and four Fifteenths granted by the Temporalty desired her Highness graciously to accept thereof as the free Testimony of the faithful and loyal Respect of her Subjects and withal desiring her Majesty to give her gracious consent to such Acts as had been prepared and expedited by the two Houses of Parliament To the Bill of Subsidies the Queen answered Queen passes the Subsidy Le Royne remercee ses loyaule Subjects accept leur benevolence ainsi le veult The Clerk of the Parliament having read this former Answer of the Queens acceptance of the Bill of Subsidie did then read in these French words following the thanks of the Lords and Commons for her Majesties most free and gracious Pardon Les Prelats Seigneurs Communs in ce present Parliament assembles Lords and Commons return thanks in French au nom de touts vos autres Subjects remercient tres-humblement vostre Majestie prient a Dieu que il vous donne en bonne vie longue To every publick Act allowed by the Queen the Clerk of the Parliament read in French these words following La Royne le veult To every private Act that passed Soit fait comme il est desire These two last Answers to the Publick and Private
Acts that pass are to be written by the Clerk of the Parliament at the head of every Act. To such Acts as her Majesty did forbear to allow the Clerk of the Parliament did read in French these words Le Royne se advisera After which ended the Dissolution of the Parliament followed in these words They are dissolved Dominus Cancellarius ex mandato Dominae Reginae tunc praesentis dissolvit praesens Parliamentum A Journal of the House of Commons in the Parliament held at Westminster Anno 31 Reginae Eliz. Annoque Dom. 1588. begun the 4th of February and ended on the 29th of March 1589. ON Tuesday Feb. 4. the Parliament did begin Feb. 4. 1588. and the House of Commons had authority to chuse their Speaker and they chose George Snagg Serjeant at Law House of Com. assembled Serj. Snagg chosen Speaker for their Speaker who having modestly disabled himself was notwithstanding allowed of by the House and thereupon placed by two of the most eminent Personages thereof in the Chair On Wednesday Feb. 5. the House sat not because their Speaker was not yet presented to her Majesty On Thursday Feb. 6. the Knights Citizens and Burgesses of the House of Commons having notice about two of the clock this afternoon that her Majesty with the Lords Spiritual and Temporal were already come into the Upper House expecting their attendance repaired thither with George Snagg Serjeant at Law their Speaker and presented him unto her Majesty Presented to the Queen Disables himself Is allowed to be Speaker by the Queen who notwithstanding his humble disabling and excusing of himself her Majesty did by the mouth of the Lord Chancellor signifie her allowance of him and afterwards also in like manner answered to his Petitions of course made in the name of the House of Commons for freedom of Access liberty of Speech freedom from Arrests and Suits and lastly in his own name for pardon for himself and that the said House of Commons and himself should enjoy and use all such Priviledges and Freedoms as had in the like case been enjoyed by any others in the times of her Majesties most noble Progenitors Whereupon the said Knights Citizens and Burgesses with their Speaker departed to their own House And then was read the Bill for reformation of deceitful Practices used in reversal of Fines at the Common Law Bill against deceitful practices in Law On Friday Feb. 7. the Bill touching Informers and Informations upon penal Statutes was read the first time This day the House was called over House called over and all those that did then sit in the House and were present at the calling of the same did thereupon severally answer to their names and departed out of the House as they were called On Saturday Feb. 8. the Bill to avoid the Abuses grown by Forestalling Bill to avoid Forestalling c. Ingrossing and Regrating was read prima vice Also the Bill touching Informers and Informations upon Penal Statutes was read the second time and committed to all the prime Counsel of this House Mr. Recorder of London Sir William Moore Mr. Grafton and others who were appointed to meet in the Star-chamber at two of the clock in the afternoon February 9. Sunday On Munday Feb. 10. the Bill touching the benefit of Clergie in some cases of Offenders Bill touching benefit of Clergy was upon the second reading committed unto Mr. Cromwel Mr. Secretary Woolley and others who were appointed to meet in the Star-chamber on Wednesday next at two of the clock in the afternoon A Bill was brought in that Lands intailed and Copyhold-lands may be liable to the payment of Debts and read the first time and after sundry Arguments rejected upon the Question On Tuesday Feb. 11. a Bill touching the pursuit of Hue and Cry Bill touching Hue and Cry was read the first time The Committees touching Informers and Informations which should have met this afternoon are deferred until Friday next in the afternoon Mr. Speaker moved the House on the behalf of Mr. Fulke Onslow the Clerk of the same That having of late been long sick and yet somewhat recovered albeit but weak still and sickly and enjoying his Office by Letters-Patents of the grant of her Majesty to exercise the same by himself or his sufficient Deputy or Deputies it might please this House in his absence if it shall happen in regard of his health and necessary ease to withdraw himself from the exercise of his Office in this House in his own person to vouchsafe therein the attendance of his own Clerks or Servants such of them as before their intermedling therein within this House shall first have taken the Oath usually administred unto all the Members of this House And thereupon it was so granted and assented unto by the whole House accordingly On Wednesday Feb. 12. two Bills of no great moment had each of them a reading Bill touching Orford-Haven in Suff. of which the first was a Bill touching Orford-Haven in the County of Suffolk Also two other Bills of no great moment had each of them a reading of which the second being a Bill to avoid the Abuses grown in Forestalling Regrating and Ingrossing was read the second time and after many Arguments had upon the same was committed unto Sir Valentine Dale Master of Requests Mr. Recorder of London Sir Edward Dymmocke and others who were appointed to meet on Munday next in the afternoon at two of the clock in the Star-chamber On Thursday Feb. 13. three Bills had each of them one reading of which the last being the Bill to reform Disorders of common Innes and other Victualling-houses Bill concerning Disorders in Innes c. was read the second time and after many Speeches and Arguments committed unto Sir Valentine Dale Master of Requests Mr. Francis Hastings Mr. Coke and others who were appointed to meet upon Wednesday next at two of the clock in the afternoon in Serjeants-Inne-hall in Chancery-lane The Bill touching Orford-haven was read the second time and after some Speeches committed unto Mr. Arthur Hopton Mr. Anthony Wingfield Mr. Recorder Mr. Grimston Mr. Robinson and others who were appointed to meet upon this day sevennight at two of the clock in the afternoon in the Exchequer-chamber On Friday Feb. 14. four Bills had each of them one reading of which the second being the Bill touching Exactions upon the Subjects of this Realm by the Officers of the Exchequer was read the first time which said Bill was brought into the House by Sir Edward Hobby who alleadged that the said Exaction did nothing tend to any further profit or commodity of her Majesty Two other Bills also had each of them one reading whereof the second being the Bill for abridging of Proclamations upon Fines to be levied was upon the second reading committed unto Mr. Morice Mr. Broughton Sir Henry Knivit and others who were appointed to meet in Serjeants-Inne-hall in Fleet-street
on Tuesday next at two of the clock in the afternoon Also the Bill touching Orford-Haven committed yesterday was this day delivered to Mr. Arthur Hopton one of the Committees On Saturday Feb. 15. a Bill to reform Disorders in Purveyors was read the first time Mr. Treasurer Mr. Cradock Sir William Moore and others did speak unto the Bill and afterwards it was ordered upon the Question That the said Bill should be read again this present day whereupon the said Bill was then presently read again and upon the Question committed unto all the Privy Council being of this House and all those that spake unto the Bill and some others added unto them who were appointed to meet in this House upon Munday next at two of the clock in the afternoon And the same time and place is also appointed for the Committees in the Bill for Informers and Informations Feb. 16. Sunday On Munday Feb. 17. the Bill touching the multiplicity of Suits and the excessive numbers of Atturneys Bill against excessive numbers of Suits and Atturneys was upon the second reading committed unto the Knights for the Counties of Norfolk and Suffolk Mr. Recorder of London Mr. Cromwel and others who were appointed to meet upon Wednesday next at two of the clock in the afternoon at Serjeants-Inne in Chancery-lane Sir Edward Hobby sheweth with his great grief That since the last sitting of this House 〈…〉 he hath been of some great Personage being no Member of this House very sharply rebuked for some of his Speeches delivered in this House by him on Friday last in the setting forth of the Bill for Reformation of Abuses in some Officers in the Court of Exchequer and that the same his Speeches have been delivered by some unto the said great Personage very untruly as tending to all the Officers of the said Court. And so shewing other the particularities as well of his own said former Speeches as of the said untrue Report and sinister construction of the same somewhat at large doth in the end refer himself therein to the testimony of this whole House and withal praying the good consideration of this House towards him in this his honest and just excuse as in like former cases hath been oft accustomed towards other Members of this House and especially in regard of the maintainance and preservation of the ancient Liberties of the same desired that by some of this House the said great Personage may be satisfied of the truth of the Case And also moved to shew the name of the Reporter of the said untrue Speech and to that end citeth to them two like Presidents of this House one in the time of King Edw. 6. and the other of the Queens Majesty that now is And shewed further That he thinketh his said Speech was discover'd after Mr. Speaker his late Admonition generally given to the whole House against the uttering the Secrets of this House either in Table-talk or Notes in Writing and not before And so concluding giveth all commendation to the said Bill and prayeth another reading of it presently and also all good and speedy course both in the commitment and other passages of the same Sir Henry Knivit entering into some Speech doth testifie his approbation of the said Speech of Sir Edward Hobby and well liking and allowing of due consideration to be had thereof by this House reciteth very briefly the whole substance in effect both of the said first Speech of Sir Edward Hobby and also of his said late motion and giving due commendation of his first Speech and also of his said Protestation of excuse urgeth the present reading and proceeding upon the said Bill with all speed Whereupon after sundry other Speeches tending likewise to the prosecution of the said Bill to commitment upon the Question it was ordered that the same Bill should be presently read which was done accordingly On Tuesday Feb. 18. four Bills had each of them one reading of which the last was for the relief of Thomas Hasilrigg Esq Mr. Serjeant Shuttleworth and Dr. Awbery brought down from the Lords a Bill intituled An Act providing Remedies against discontinuance of Writs of Errours in the Exchequer and Kings-bench On Wednesday Feb. 19. Mr. Serjeant Malmsey one of the Committees in the Bill touching the abridging of Proclamations appointed on Wednesday the 12th of this month upon Fines of the Common Law shewed That they have met and conferred upon the said Bill and having in some parts amended the same offered another Bill containing the same Amendments Mr. Vicechamberlain shewed that he and others the Committees in the Bill concerning Purveyors had met and had conference together with some of her Majesties Officers of the Green-cloath and according to the Commission of this House And further that they have in some parts amended the same Bill and added a Proviso thereto such an one as they think fit both for her Majesties service and also for the better passage of the Bill and relief of the Subjects and prayed the same Amendments and Proviso may be read which said Amendments and Proviso were then read twice Which done there then followed sundry Speeches upon the same Amendments and Proviso and so for that time left it at large without any further course then of question to ingrossing the House being ready to rise The Bill touching Quo titulo ingressus est was delivered to Sir Edward Hobby one of the Committees in the same The Bill concerning common Innes and Victualling-houses was delivered to Mr. Pratt one of the Committees for the same And the Bill touching the multiplicity of Suits and excessive numbers of Atturneys was delivered to Mr. Heydon one of the Committees Thursday Feb. 20. three Bills had each of them one reading of which the last being for the relief of Tho. Hasilrigg Esq was upon the second reading committed unto Sir Richard Knightly Sir Henry Knivit Mr. Recorder of London and others who were appointed to meet on Munday next at two of the clock in the afternoon in the Star-chamber The Committee in the Bill touching Informers and Informations is deferred until Saturday next at two of the clock in the afternoon in the same place of meeting On Friday Feb. 21. the Bill for the true payment of the Debts of Thomas Hanford was upon the second reading committed unto Mr. Controuler Sir Henry Knivit Mr. Alford Mr. Hare Mr. Grafton and Mr. Francis Moore who were appointed to meet to morrow-morning at seven of the Clock in the Committee-chamber of this House and then Mr. Hanford to attend the said Committees And also the Bill passed in the last Parliament from this House to the Lords to be also deliver'd to the said Committees both which Bills were then deliver'd unto Mr. Controuler Four other Bills had each of them one reading of which the the last being a Bill for the repealing of certain Statutes was read the second time and upon the Question committed to Mr. Cromwel Mr. Broughton
each of them one Reading of which the third being a Bill for repeal of certain Statutes Bill for repeal of certain Statutes past was read the third time and passed upon the Question The Amendments made by the Lords in the Bill for the relief of Thomas Haeselrigg Esquire and in the Bill for the better recovery of Costs and Damages against common Informers before passed in this House and sent up to their Lordships and the Proviso added by the Lords to the said last-recited Bill were three times read and the same Proviso and Amendments were then passed upon the Question accordingly On Saturday March 22. Mr. Palmer one of the Committees in the Bill touching Gaging of Casks and of other Forreign Vessels bringeth in the Bill with some Amendments and Provisoes being twice read the Bill was upon the question Ordered to be ingrossed Four Bills were sent up to the Lords by Mr. Treasurer and others of which the two first were one for the Relief of the City of Lincoln and the other against the abuse in Elections of Scholars and Presentations to Benefices with the Amendments and a Proviso March 23. Sunday On Munday March 24. Mr. Anderson being licensed to depart about her Majesties service two Bills had each of them one reading whereof the first being the Bill concerning Glass-houses was brought in by Mr. De la bar one of the Committees in such sort as it was delivered unto them and thereupon being twice read was after sundry Speeches and division of the House ordered to be ingrossed viz. with the Yeas forty three and with the Noes thirty five On Tuesday An 1589. March 25. it was ordered upon the Question That both the learned Counsel of the Earl of Warwick and also the learned Counsel of George Ognell do attend this House to morrow-morning The Bill for maintenance of houses of Husbandry and Tillage was upon the second reading committed unto the Privy Counsellors of this House Mr. Wroth Mr. Cromwel and others who were appointed to meet this afternoon at two of the clock in the Exchequer-chamber On Wednesday March 26. the Bill concerning Aliens Children was read the second time The Bill also for Strangers retailing of forraign Wares was amended by the Committee which Amendments being brought in by them with the Bill were now twice read although it be mistaken in the Original Journal-book that the Bill it self had its second reading The House was this day called over The House called over and the Defaulters noted and the Defaulters noted upon a Motion this day made by Sir John Parrot by her Majesties pleasure upon some intelligence given to her Highness of the small number of the Members of this House presently attending the service of the same the one half at least being supposed to be absent On Thursday March 27. the Bill against secret Outlawries had its second and third reading and passed upon the Question Dr. Cary and Dr. Stanhopp brought from the Lords the Bill for the relief of the City of Lincoln with some Amendments of their Lordships unto the same with further advertisement from their Lordships that their Lordships do suspend their proceeding on the Bill for continuance and perfecting of certain Statutes sent from the House of Commons to their Lordships until their Lordships do hear from this House of the proceedings of this House in the Bill for the maintenance of Houses of Husbandry and Tillage On Friday March 28. the Amendments of the Lords in the Bill touching forcible Entries and also the Amendments of this House being all thrice read are agreed upon the Question in this House to be passed accordingly The Bill against such as steal or imbezzle the Goods Chattels or Treasure of her Majesty being put in trust with the same was read the first time Also the Bill that Aliens Children shall pay Strangers Customes was read the third time and a Proviso added unto it thrice read the Bill and Proviso upon the Question and Division of the House dashed with the Yeas sixty four and the Noes seventy four On Saturday March 29. Dr. Stanhopp and Mr. Powle do bring from the Lords the Bill lately passed this House for the continuation and perfecting of certain Statutes with a Schedule unto the same added and annexed by their Lordships and the same Schedule being thrice read passed upon the Question The Bill for the relief of the City of Lincoln being perfected according to the Amendments of the Lords and the Bill also for continuance of Statutes with the Schedule to the same were sent up to the Lords by the Master of the Wardrope and others Dr. Cary and Dr. Stanhopp brought from the Lords two Bills viz. the Act of her Majesties gracious and free Pardon and the Act of the four Fifteenths and Tenths and two intire Subsidies which had before passed this House The Bill of the Queens Majesties most gracious and free Pardon being once read passed thereupon which Bill so passed was presently sent up unto the Lords by Mr. Fortescue and others After which Acts passed her Majesty having given her assent unto the passing of sixteen publick Acts and eight private Acts being all the Acts that passed this present Parliament Parl. dissolved Sir Christopher Hatton Kt. Lord Chancellor by her Majesties Commandment dissolved this Parliament An exact and perfect Journal of the Passages of the Vpper House of Parliament 35 Eliz. holden at Westminster Anno xxxv o Reginae Eliz. Anno Dom. 1592. which begun there on Munday the 19th of February and then and there continued until the Dissolution thereof on Tuesday the 9th of April Anno Dom. 1593. THE Summons for this Parliament being returnable upon this Munday February 19 it held accordingly Feb. 19. 1592. The Queen goes to the House of Lords 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 The Names of the Peers there sitting Archiepisc Cant. Johannes Puckering Miles Dom. Custos mag Sigill Dom. Burleigh Dom. Thesaurar Angliae Marchio Wintoniae COMITES Comes Oxon. Magnus Camerarius Angliae Comes Derby Magnus Seneschallus Comes Northumbriae Comes Salopiae Comes Kanciae Comes Wignor Comes Cumberland Comes Sussex Comes Huntingdon Comes Bathon Comes Pembrooke Comes Hartford Comes Essex Comes Lincoln Vicecomes Bindon EPISCOPI Episc London Episc Dunelmen Episc Asaphen Episc Cestren Episc Covent Litch Episc Lincoln Episc Peterburgh Episc Heref. Episc Cicestrens Episc Bangor Episc Wignor Episc Landaven Episc Salopiae Episc Bathon Wells BARONES Dom. Howard Mag. Maresch Admir Dom. Hunsdon Camerarius Reginae Dom. Strange Dom. Morley Dom. Stafford Dom. Grey Dom. Scroope Dom. Montjoy Dom. Sands Dom. Windsor Dom. Cromwel Dom. Wharton Dom. Rich. Dom. Willoughby Dom. Sheffield Dom. North. Dom. Shandois Dom. St. John Dom. Buckhurst Dom. De-la-ware Dom. Compton Dom. Norris The Queen and
malum The malice of our Arch-enemy the Devil though it was always great yet never greater than now and that Dolus and Malum being crept in so far amongst men it was necessary that sharp Ordinances should be provided to prevent them and all care to be used for her Majesties preservation Now am I to make unto your Majesty three Petitions in the names of your Commons First That liberty of Speech and freedom from Arrests according to the ancient custom of Parliament be granted to your Subjects That we may have access to your Royal Person to present those things which shall be considered of amongst us And lastly That your Majesty will give us your Royal Assent to the things that are agreed upon And for my self I humbly beseech your Majesty if any speech shall fall from me or Behaviour found in me not decent and unsit That it may not be imputed blame upon the House but laid upon me and pardoned in me To this Speech the Lord Keeper having received new Instructions from the Queen he replied HE commended the Speaker greatly for his Speech Lord Keeper's Reply and he added some Examples for the Kings Supremacy in Henry the second 's time and Kings before the Conquest As for the Deliverance we received from our Enemies and the Peace we enjoyed he said the Queen would have the praise of all those to be attributed to God onely To the Commendations given to her self she said Well might we have a wiser Prince but never should they have one that more regarded them and in Justice would carry an evener stroke without acceptation of Persons and such a Princess she wished they might always have Yo your three Demands the Queen answereth Liberty of Speech is granted you but how far this is to be thought on there be two things of most necessity and those two do most harm which are Wit and Speech the one exercised in Invention the other is uttering things invented Priviledge of Speech is granted A good caution about liberty of speaking in the House but you must know what Priviledge you have not to speak every one what he listeth or what cometh in his brain to utter but your Priviledge is to say Yea or No. Wherefore Mr. Speaker her Majesties pleasure is That if you perceive any idle heads which will not stick to hazard their own Estates which will meddle with reforming of the Church and transforming of the Common-wealth and do exhibit any Bills to such purpose That you receive them not until they be viewed and considered of by those whom it is fitter should consider of such things and can better judge of them To your Persons all Priviledge is granted As also about priviledge of their persons with this Caveat That under colour of this Priviledge no mans ill doings or not performing of duties be cover'd and protected The last free Access is also granted to her Majesties Person so that it be upon urgent and weighty Causes and at times convenient and when her Majesty may be at leisure from other important Causes of the Realm After this Speech was ended the Lord Keeper continued the Parliament in manner and form following Dominus Custos Magni Sigill ex mandat Dominae Reginae continuavit praesens Parliamentum usque in diem Sabbati prox futur This day was returned the Proxie of John Bishop of Carlisle by which he constituted John Archbishop of Canterbury John Bishop of London and Matthew Bishop of Durham his Proctors quod nota On Saturday Feb. 24. a Bill for restraining and punishing vagrant and seditious persons who under fained pretence of Conscience and Religion corrupt and seduce the Queens Subjects prima vice lect Eodem die Returnat est Breve quod Richardus Wigorn. Episcopus praesenti Parliamento interesse summonebatur idem Episcopus ad suum praeheminenciae sedendi in Parliamento locum admissus est salvo cuiquam jure suo Dominus Custos magni Sigill continuavit praesens Parliamentum usque in diem Lunae hora nona This day was returned the Proxie of John Archbishop of York by which he constituted onely one Proctor viz. John Archbishop of Canterbury quod nota Feb. 25. Sunday On Munday Feb. 26. Returnatum est Breve quo Edwardum Dom. Cromwel praesenti Parliamento interesse summonebatur qui admissus est ad suum praeheminenciae sedendi in Parliamento locum salvo jure alienae The Writ returned whereby Gilbert Earl of Shrewsbury was summoned The several Writs returned whereby George Bishop of Landaff William Lord Compton and Edward Earl of Worcester were summoned It seemeth by the Journal-book that nothing else was done this day but the Parliament continued in usual form As on Thursday the 22th of February and on Saturday the 24th day of the same month two extraordinary Proxies were returned from two Spiritual Lords the first constituting three Proctors and the other but one for the most ordinary use of the Bishops is to constitute two Proctors So also on the 27th of February being Tuesday though the Lords did not sit yet was one unusual Proxie returned from another Spiritual Lord who constituted but one Proctor to give his voice in Parliament in his absence whereas it is before often observed no Temporal Lord nominateth usually above one Proctor and no Spiritual Lord fewer than two This said Proxie is thus entered in the Journal-book of the 35 year of the Queen at the beginning of it 27º Februarii introductae sunt Littera Procuratoriae Thomae Wintoniensis Episcopi in quibus Procuratorem suum constituit Johannem Archiepiscopum Cantuariensem On Wednesday Feb. 28. two several Writs were returned whereby John Bishop of Bath and Wells and Matthew Bishop of Durham were summoned to come to this Parliament who accordingly took their places Also this morning two Bills had each of them one reading Nota That because the dayly continuing of the Parliament in these words Dominus Custos Magni Sigilli continuavit praesens Parliamentum c. being but matter of course is omitted in all the Journal afterwards unless something extraordinary and unusual doth happen in respect of the Person time or manner On Thursday March 1. March 1. two Bills were each of them once read On Saturday March 3. to which day the Parliament had on Thursday been continued four Bills had each of them one reading March 4. Sunday On Munday March 5. three Bills were read and the second upon the second reading was committed to be ingrossed Nota This day also was returned a Proxie for a Temporal Lord by which he constituted two Proctors which because it is extraordinary and unusual I desired to have it inserted and the rather because of eight other Temporal Lords none of them constituted above one Proctor according to the ordinary practice both in these times and since The said Proxie before mentioned is thus entered in the beginning of the original Journal-book of this Upper House of Parliament Quint. Marcii
introductae sunt Litterae Procuratoriae Henrici Comitis Huntingdon in quibus Procuratores suos constituit Gulielmum Dominum Burleigh Thesaurarium Angliae Robertum Comitem Essex Vicecomitem Hereford Dominum Ferrers de Chartley. On Tuesday March 6. there was one Bill read once On Wednesday March 7. Breve returnatum est quo Johannes Salisburien Episc praesenti Parliamento interesse summonebatur qui admissus est ad suum praeheminenciae sedendi in Parliament locum salvo jure alieno The same morning there were four Bills read each of them once A Bill for restraining Popish Recusants to certain places of abode the fourth being a Bill for restraining Popish Recusants to some certain places of abode There was also brought up to the Lords from the House of Commons an Act for the naturalizing and making free of William Sidney eldest son of Robert Sidney Kt. Governour of Vlushing and Dame Barbara his wife and of Peregrine Wingfield son and heir of Sir John Wingfield Kt. and Dame Susan Countess of Kent his wife And note this day also was one extraordinary Proxie return'd from a Spiritual Lord who constituted but one Proctor whereas usually no such Lord constituteth fewer than two which Proxie is thus entered in the beginning of the Journal-book of this Parliament 7º Marcii introductae sunt Litterae Procuratoriae Mathei Dunelmensis Episc in quibus Procuratorem suum constituit Johannem Cantuariensem Episcopum On Thursday March 8. were three Bills each of them once read whereof the first was an Act for explanation and confirmation of the Queens Majesties Title to the Lands and Tenements late Sir Francis Englefield's Kt. convicted of High-Treason Not long after this Bill had been committed to ingrossing according to a certain Order formerly made by the Lords Francis Englefield Esq appeared before them with one of his learned Counsel who were commanded to declare what they could alleadge why an Act for explanation and confirmation of the Queens Majesties Title to the Lands and Tenements late Sir Francis Englefield's Kt. attainted of High-Treason should not pass And upon Allegations made by the learned Counsel the Lords commanded they should set them down in Writing and deliver them to the Atturney-General and that on Friday they should attend on the Judges and the Queens learned Counsel at Serjeants-Inne and shew such Deeds of Conveyance as they made mention of before the Lords that the said Lords upon answer of the Judges and learned Counsel might proceed upon the said Bill as it should seem best to their Lordships On Saturday March 10. to which day the Parliament had been last continued after the reading of one private Bill prima vice the Lords gave in Commandment to Mr. Atturney-General to bring on Munday certain Depositions remaining in the Exchequer concerning the Case of Sir Francis Englefield after they had first heard the opinion of the Judges which was delivered by the Lord Chief Justice of England March 11. Sunday On Munday March 12. two Bills had each of them one reading On Tuesday March 13. two Bills being each of them once read the Lords at the Bishop of Worcester's motion A Collection in the House of Peers for poor Souldiers condescended to a Contribution for the relief of such poor Souldiers as went begging in the streets of London viz. That every Earl should give Forty shillings every Bishop Thirty shillings and every Baron Twenty shillings and appointed the said Bishop and the Lord Norris Collectors thereof and committed the bestowing thereof to the Earl of Essex and Lord Willoughby of Eresby On Thursday March 15. to which day the Parliament had been last continued were four Bills each of them once read On Friday March 16. were two Bills each of them once read And then the Lord Keeper continued the Parliament in the usual form to the Munday following On Munday March 19. one Bill onely upon its second reading was committed to be ingrossed On Tuesday March 20. the Bill touching Sir Francis Englefield's Lands had its third reading and was concluded Four Bills also more were this forenoon sent up to the Lords from the Commons On Thursday March 22. two Bills had each of them one reading On Saturday March 24. to which day the Parliament had been last continued was one Act concluded after the third reading and four other Bills brought up to the Lords from the House of Commons whereof one was an Act concerning the lawful deprivation of Edmond Bonner late Bishop of London March 25. Sunday An. 1593. On Munday March 26. were three Bills each of them once read Subsidy-bill read granted by the Temporaity whereof the first was an Act for the grant of three entire Subsidies and six Fifteenths and Tenths granted by the Temporalty which had passed the House of Commons and was sent up to the Lords on Saturday last This morning also two other Bills were sent up to the Lords from the said Commons On Tuesday March 27. three Bills had each of them one reading On Wednesday March 28. three Bills were read secunda vice and one Bill tertia vice Five other Bills were also sent up to the Lords from the Commons Nota This day was an unusual Proxie returned from one of the Bishops absent at this time from the Parliament as divers other Peers by the License of her Majesty in which Proxie he constituted but one Proctor whereas it is the usual custome for every Spiritual Lord to nominate two at the least and every Temporal Lord but one This Proxie is thus entered in the beginning of the original Journal-book of this Parliament 28º Die Marcii introductae sunt Litterae Procuratoriae Thomae Cicestrensis Episcopi in quibus Procuratorem suum constituit Johannem Archiepisc Cantuariensem On Thursday March 29. seven Bills had each of them one reading On Fryday March 30. five Bills were read whereof the first was the Bill of Subsidy granted by the Temporalty Subsidy granted by the Clergy passed and the last the Bill of Subsidy granted by the Clergy both which at this time upon their several third readings passed the Lords House On Saturday March 31. were five Bills read April 1. April 1. Sunday On Munday April 2. one Bill was read and six Bills of like consequence were sent up to the Lords from the Commons On Tuesday April 3. were four Bills once read On Wednesday April 4. one Bill was read prima secundae vice On Thursday April 5. three Bills of no great moment upon their third reading passed the House and were expedited This morning also this Order was agreed on amongst the Lords An Order about the Contribution for mustred Souldiers viz. Whereas the Lords of Parliament both Spiritual and Temporal assembled in the Parliament chamber at Westminster have with one uniform consent both in their own Names and the rest of the Lords absent ordered That there shall be a charitable Relief and Contribution made towards the relief and
help of a number of Souldiers that are seen in the time of this Parliament maimed and so hurt in the Wars of France the Low Countries and on the Seas for the service of the Queens Majesty and of the Realm and for that purpose have allowed that every Archbishop Marquiss Earl and Viscount should pay towards the Contribution the sum of 40 s. every Bishop 30 s. and every Baron 20 s. For collection whereof there hath been appointed the Queens Majesties Almoner the Bishop of Worcester to collect the same of Bishops the Lord Norris to collect the sums payable by the Lords Temporal which hath been diligently done and received by them for all the Lords Spiritual and Temporal that have been present and that have attended to their great charge on the service of the Realm in this Parliament And considering the number of the Souldiers be very many to be relieved therewith notwithstanding the Knights and Burgesses of the Commons House have yielded very good and large Contributions according to their degrees for the better relief of the said maimed Souldiers It is by the said Lords Spiritual and Temporal that have given their chargeable attendance here and have charitably and honourably yielded to this Contribution thought meet and so it is ordered and decreed by them with common and free consent That all the Lords of Parliament that have been altogether absent in this Sessions The absent Peers to pay a double proportion for the relief of the indigent and maimed Souldiers by Order of the House and that shall not have contributed to this charitable Relief before the end of this Sessions shall be required by Letters to be sent to them by the Lords that had their Procurations for their absence or by Letters from the Lord Keeper of the great Seal required and charged to make payment to be made according to their degrees and vocation double the sums of money paid by the Lords that have been here present and continued their attendance that is to say every Earl that hath been absent 4 l. the Archbishop of York to pay as much and every Bishop also to pay 3 l. and every Baron 40 s. And for such as have been here present sometimes and yet very seldom but have been absent most part it is thought meet That every such Lord Spiritual and Temporal shall according to their degrees pay a third part more than the Lords that have been present All which sums of money they shall cause to be delivered to the hands of the Lord Keeper of the great Seal to be afterwards by such Spiritual Lords of Parliament as are chosen for that purpose distributed to the maimed Souldiers as shall be found to have most need thereof The Commons having taken the same method 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 to contribute in double manner which Order is thought very just considering the Lords and others that 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 shall forbear thus to do which is hoped in Honour none will do there shall be ordinary means used to levy the same On Friday April 6. Four Bills were each of them once read Eight Bills were this Morning sent up to the Lords from the House of Commons whereof the last was an Act to make void the Spiritual Livings of those that have forsaken the Realm and do cleave to the Pope and his Religion On Saturday April 7. two Bills only were each of them once read April 8. Sunday On Munday April 9. were Three Bills each of them read secunda tertia vice and so expedited Also eight Bills this Morning were sent up to the Lords from the House of Commons whereof one was read prima secunda vice and another read prima vice This Morning finally whereas a Bill entituled an Act touching Power and Repeal of certain uses of a Deed Tripartite therein mentioned of and in certain Mannors Lands and Tenements of Anthony Coke of Rumford in the County of Essex Esquire hath been heretofore three times read and assented unto by the Lords in which Bill there is no Saving to the Queens Majesty or any other person or persons of their lawful estates or titles there was a Saving drawn for her Majesty and all others which was offer'd 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 Resolv'd the same should be added to the Bill for that it is usual and requisite to have such Savings 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 others be saved thereby And nevertheless upon weighty Considerations the Lords have ordered that this shall not hereafter be drawn to make any president Then the Lord Keeper continued the Parliament till the Morrow following on which it ended which said Continuance is entred in the Original Journal-book in Manner and Form following Dominus Custos Magni Sigilli continuavit praesens Parliamentum usque in diem Martis hora octava On Tuesday April 10. In the Morning were two Bills read whereof the first was an Act for Naturalizing of certain Englishmens Children born beyond the Seas tertia vice lect expedit And the second was an Act for the Queens most gracious and free Pardon which was read only once and then passed the House 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 thrice read both by the Lords and 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 Between 5 and 6 a Clock in the Afternoon this present Tuesday being the 10 of April the Queens Majesty The Queen comes to Dissolve the Parliament accompanied with her Officers and dayly Attendance came to the Upper-House and assoon as her Majesty with her 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 the Subsidy The Speaker being placed at the Bar of the upper-Upper-house and as many of the Commons as could conveniently be let in after humble Reverence to her Majesty spake as followeth The Speakers Speech to the Queen THe High Court of Parliament most High and Mighty Prince is the greatest and most antient Court within this Your Realm for before the Conquest
That for this offer of three Subsidies her Majesty most graciously in all kindness thanketh her Subjects but except it were freely and willingly given she did not accept of it for her Majesty never accepteth any thing that is not freely given That if the Coffers of her Majesties Treasure were not empty or if the Revenues of the Crown and other Princely Ornaments could suffice to supply her Wants and the Charges of the Realm in the word of a Prince she doth pronounce it she would not now have charged her Subjects nor accepted of this they gave her The Lord Keeper's Speech being ended after some time of intermission the Queen being sat in her Chair of State used a Princely Speech unto the Houses of which the greatest part was to the effect and purpose following THis Kingdom hath had many wise The Qu. speaks her self noble and victorious Princes I will not compare with any of them in Wisdom Fortitude or any other Vertues but saving the duty of a Childe that is not to compare with his Father in Love Care Sincerity and Justice I will compare with any Prince that ever you had or shall have It may be thought simplicity in me that all this time of my Reign I have not sought to advance my Territories and enlarge my Dominions for opportunity hath served me to do it I acknowledge my womanhood and weakness in that respect but though it hath been not hard to obtain yet I doubted how to keep the things so obtained that hath onely held me from such attempts And I must say my minde was never to invade my Neighbours or to usurp over any I am contented to reign over mine own and to rule as a just Prince Yet the King of Spain doth challenge me to be the Quarreller and the beginner of all these Wars in which he doth me the greatest wrong that can be for my Conscience doth not accuse my thoughts wherein I have done him the least injury but I am perswaded in my Conscience if he knew what I know he himself would be sorry for the wrong that he hath done me I fear not all his Threatnings his great Preparations and mighty Forces do not stir me for though he come against me with a greater power than ever was his Invincible Navy I doubt not God assisting me upon whom I always trust but that I shall be able to defeat and overthrow him I have great advantage against him for my Cause is just I heard say when he attempted his last Invasion some upon the Sea-coast forsook their Towns and flew up higher into the Country and left all naked and exposed to his entrance But I swear unto you by God The Q. swears by God the will punish Cowards if I knew those persons or of any that shall do so hereafter I will make them know and feel what it is to be so fearful in so urgent a Cause The Subsidies you give me I accept thank-fully if you give me your good wills with them but if the necessity of the time and your preservations did not require it I would refuse them But let me tell you that the sum is not so much but that it is needful for a Prince to have so much always lying in her Coffers for your defence in time of need and not to be driven to get it when we should use it You that be Lieutenants and Gentlemen of Command in your Countries I require you to take care that the People be well armed and in readiness upon all occasions You that be Judges and Justices of the Peace I command and straightly charge you that you see the Laws to be duely executed and that you make them living Laws when we have put life into them Thus with most gracious thanks to both Houses the Princely Speech ended Then were the Titles of all the Acts read in due order and first the Bill of Subsidies to which the Clerk of the Parliament standing up did read the Queens Answer in manner and form following La Royne remercie ses loyaule Subjects accept leur benevolence ainsi le veult The Clerk of the Parliament having read the Queen's acceptance and thanks for the Subsidies given as aforesaid did then upon the reading of the Pardon pronounce in these French words following the Thanks of the Lords and Commons for the same Les Prelates Seigneurs Communes en se present Parliament assembles au nome de touts vous autres Subjects remercient tres-humblement vostre Majesty prient a Dieu que il vout done en sante bonne vie longue Nota here to the Subsidy-bill because it is the meer gift of the Subject the Queen's consent is not required for the passing of it but as it is joyned with her thankful acceptance nor to the Bill of Pardon because it is originally her free gift no other circumstance is required than that the thankful acceptance thereof by the Lords and Commons be likewise expressed it being but once read in either House before it comes thus at last to be expedited Now to all other Bills either private or publick the Queen 's express consent though in different words is always requisite as followeth The Bills of Subsidies and Pardon being passed in manner and form as aforesaid then were the Publick Acts read to every one of which allowed by the Queen the Clerk of the Parliament reads in French these words following Le Royne le veult To every Private Act that passeth the Clerk of Parliament reads the Queens Answer in these French words following Soit fait come il est desiré These two last Answers to the Publick and Private Acts that pass are to be written by the Clerk of Parliament at the end of every Act. To such Acts as her Majesty forbears to allow the Clerk of the Parliament reads in French these words following Le Roynes advisera After which ended the Dissolution of the Parliament followed in these words Dominus Custos Magni Sigilli ex Mandato Diminae Reginae tune praesentis dissolvit praesens Parliamentum A Journal of the Parliamentary Proceedings in the Lower House Anno xxxv o Eliz. Annoque Dom. 1592. very laboriously collected Being chiefly called for Consultation and Preparation against the ambitious Designes of the King of Spain in which some unusual Distastes happened between her Majesty and the House by reason of their intermeddling with her Majesties Successor to the Crown which she had forbidden This Session begun on Munday February 19. 1592. and ended April 9. 1593. MVnday Feb. 19. Feb. 19. The Parl. meet This day the Knights and Burgesses met and at this day appeared after that their Names were declared to the Clerk of the Crown and there entred into his book they entred into the House The House being set the Earl of Darby High-Steward for this Parliament came into the House to take their Oaths Sir Thomas Henage gave him instructions what order he should use
upon the Question was ordered to be ingrossed Mr. Wreth one of the Committees in the Bill concerning Brewers shewed the meeting and travel of the Committees and their Amendments of the said Bill and prayed the reading of the said Amendments which being read and ordered by the House to be inserted into the said Bill and also twice read upon the Question the Bill was ordered to be ingrossed The Bill for explanation of a branch of a Statute made in the 23 year of her Majesties Reign entituled An Act to retain the Queens Majesties Subjects in their due Obedience with some Amendments to the same was read the second time upon which divers Speeches in the House passed before the said Bill was committed some of them being of very good moment which because they are omitted in the original Journal-book it self is therefore supplied out of the Anonymon-Journal mentioned at the beginning of this present Journal in manner and form following Sir Thomas Cecill Dr. Lewyn Mr. Sands Sir Thomas Henage Sir Edward Dymmocke and some others spake diversly to this Bill touching the explanation of a branch of the Statute made Anno 23 Reginae for reducing disloyal Subjects to their Obedience as is aforesaid Sir Walter Rawleigh Sir Walter Rawleigh said In his conceit the Brownists are worthy to be rooted out of a Common-wealth but what danger may grow unto our selves if this Law passes it were fit to be considered For it is to be feared that men not guilty will be included in it and that Law is hard that taketh Life or sendeth into Banishment where mens intentions shall be judged by a Jury and they shall be Judges what another man meant But that Law that is against a Fact that is just and punish the Fact as severely as you will If two or three thousand Brownists meet at the Sea side at whose charge shall they be transported or whither will you send them I am sorry for it I am afraid there is neer twenty thousand of them in England and when they are gone who shall maintain their Wives and Children Divers other Bills were this day read On Thursday April 5. the Bill for the true assizing and marking of Timber was read the second time and committed to Mr. George Moore Mr. Dalton Mr. Wroth Sir John Hart and others and the Bill was delivered unto Sir John Hart who with the rest were appointed to meet to morrow at two of the clock in the afternoon in the Exchequer-chamber Mr. Serjeant Owen and Mr. Powle brought in from the Lords an Act for explanation of the Statute made 34 Hen. 8. as well touching Grants made to his Majesty as for confirmation of the speedy Letters-Patents made by his Highness to others and did pray from their Lordships the speedy execution of the same Mr. Vicechamberlain one of the Committees with the Committees of the Lords in the Bill for reviving continuing explanation and perfecting of certain Statutes sheweth the meeting and conference with the Committees of the Lords and that their Lordships have thought good to adde some small Amendments to the said Bill and a Proviso also for her Majesties Prerogative in point of transportation of Corn as the like whereof was in the Statute of the 13 of her Reign Nota That the business so much before agitated touching Mr. Fitz-herbert received this day the final resolution of this House as is plainly set down in the often-before-cited Anonymon-Journal more particularly mentioned in the beginning of this present Journal although it be wholly omitted in the original Journal-book which said Case was singly thus Thomas Fitz-herbert being elected a Burgess of the Parliament two hours after his election and before the return of the Writ to the Sheriff with an Indenture of his Election the said Sheriff arresteth him upon a Capias utlegatum after Judgment at the Queens suit as may be collected out of the reasons given of their said resolution and then his Indenture was returned unto the Sheriff Upon all which matters there grew two Questions First whether the said Mr. Herbert were a Member of the House and secondly admitting he was Whether he ought to have priviledge Which said matter having been much formerly debated on the 1 2 17. and 30. days of March last as also on the 3. instant received now at last the Judgment of the House which is inserted out of the aforesaid Anonymon-Journal-book Divers Bills were this day read On Friday April 6. two Bills had each of them one reading of which the second being the Bill for restraint of new buildings converting of great houses into several Tenements and for restraint of Inmates and Inclosures in and neer unto the Cities of London and Westminster was upon the second reading committed unto all the Privy Counsellors of this House the Knights and Burgesses of London Mr. Francis Bacon and others and the Bill was delivered unto Mr. Wroth one of the said Committees who with the rest were appointed to meet this afternoon at two of the clock in the Exchequer-chamber The Bill concerning Devonshire Kersies was read the third time and passed upon the Question Divers other Bills were this day read On Saturday April 7. the Bill concerning Coopers was upon the second reading committed unto Mr. Serjeant Harries Mr. Dalton Mr. Wroth and others and the Bill was delivered unto Sir John Hart one of the said Committees who with the rest were appointed to meet at two of the clock this afternoon in the Exchequer-chamber The Bill for naturalizing of Justice Dormer and George Sheppie was upon the second reading ordered to be ingrossed Mr. Finch one of the Committees in the Bill for the avoiding of deceits used in the making and selling of the twice-laid Cordage and for the better preserving of the Navy of this Realm shewed the meeting of the Committees and some few Amendments to the Bill which being read and allowed by the House the said Amendments were twice read and the Bill and the said Amendments also read the third time passed upon the Question Divers other Bills were likewise this day read April 8. Sunday On Munday April 9. Westlen Webben Beer-brewer and John Lightbonne Serjeant at Mace Prisoners at the bar after admonition given them by Mr. Speaker were discharged of their Imprisonment paying their Fees Mr. Chancellor of the Exchequer one of the Committees in the Bill for explanation of a Statute made 34 Hen. 8. as well touching Grants made to his Majesty as for confirmation of Letters-Patents made by his Majesty to others shewed the meeting of the Committees and that they had considered of some small Amendments and shewed further that four several Provisoes were offered to them one by Mr. Adams one by Tipper one by and one by Daws and so offered in both the Bills the Amendments and the said four Provisoes leaving the same to the further consideration of the House Divers other Bills were read this day April 9. Sir John Hart one of the
being still to be performed by infinite Charge her Majesty notwithstanding hears of nothing more unwillingly than of Aids and Subsidies to be received from her People though what she doth receive she doth carefully bestow and infinitely more of her own The Taxations at this day howsoever they seem are nothing so great as heretofore in the Reigns of former Kings they have been In the times of Edw. 3. and the two next before him and those three which succeeded next after him the payments of the Commons then did far exceed any that have been since her Majesties Reign which is of Record in the Histories of those times to be seen but never cause so great to employ great sums of money as now Now therefore you are to consider how to provide needful and convenient Aid in some measure to maintain and support her Majesties Charge which at present she is at and is to continue at for the defence of the Realm He cannot be well advised which in this case will not be forward to contribute and bestow whatsoever he hath for if with the Common-wealth it goes not well well it cannot be with any private or particular person That being in danger he that would seek then to lay up Treasure and inrich himself should be like to him that would busie himself to beautifie his house when the City wherein he dwelleth is on fire or to him that decketh up his Cabin when the Ship wherein he saileth is ready to sink To spare in that case is to spare for those which seek to devour all and to give is to give to our selves Her Majesties part being onely carefully to bestow what is delivered into her hands wherein men performing their duties there is no cause at all to fear for the War is just it is in defence of the Religion of God of our most gracious Soveraign of our Native Country of our Wives Children Liberties Lands Lives and whatsoever we have Wherefore not mistrusting your forwardness that I may not offend in too much enlarging this point as a poor Remembrancer to her Majesty I shortly say to your Lordships Quod justum necessarium est nothing can be more just than this War nothing ought to seem more necessary than carefully to provide due Maintenance for the same And to you of the House of Commons that you may orderly proceed and wisely consult of these weighty Causes delivered unto you her Majesties pleasure is You should according to your accustomed manner go down to the Lower House and there make choice of some grave learned and wise man amongst you to be your Speaker who shall be for understanding sufficient and for discretion fit as your mouth to signifie your minds and to make your Petitions known unto her Highness and him upon Thursday next to present in this place The Lord Burgh was absent being the Lord Deputy of Ireland The Lord De-la-ware was absent because he made question of his place intending to make suit to the Parliament concerning the same Dominus Custos Magni Sigilli ex mandato Dominae Reginae continuavit praesens Parliamentum usque in diem Jovis prox futur viz. 27º diem Octobris On Thursday Octob. 27. the Queens Majesty the Archbishop of Canterbury Sir Thomas Edgerton Kt. Lord Keeper of the Great Seal the Lord Burleigh Lord Treasurer the Marquiss of Winton the Earl of Sussex great Mareschal the Earl of Nottingham Mag. Seneschall six Earls one Viscount thirteen Bishops the Lord Hunsdon Chamberlain and twenty two other Barons present Mr. Serjeant Yelverton Serj. Yelverton chosen Speaker being chosen Speaker of the Lower House was by divers Knights Citizens and Burgesses brought into the Upper House and by the hands of Sir William Knolls Controuler of her Majesties Houshold and Sir John Fortescue Chancellor of the Exchequer presented to her Majesty who by a Speech full of Gravity and Modesty signifying the accomplishment of the duty of the House in making an Election but he excusing himself by pretence of many disabilities and imperfections Excuses himself and wishing earnestly that he were of sufficiency to perform the duty of that Place made humble suit to her Majesty that he might be discharged and that the Lower House might proceed to a new Election Which Excuse was not allowed by her Majesty Is allowed commended by the Queen as the Lord Keeper delivered by answer and the Choice of the said Mr. Yelverton being by her Majesty very well approved and his Sufficiency much commended He then proceeded in another Speech according to the manner to undertake that Charge and Place and to present unto her Majesty on the behalf of the Lower House certain humble Petitions viz. For Access unto her Majesty Petitions for the House in the usual form For the using and enjoying of such Liberties and Priviledges as in former times had been granted and allowed by her Majesties Progenitors and her self Whereunto her Majesty making answer by the Lord Keeper did yield her gracious assent Which are granted with admonition that the said Liberties and Priviledges should be discreetly and wisely used as was meet Dominus Custos Magni Sigilli ex mandato Dominae Reginae continuavit praesens Parliamentum usque in diem quintum mensis Novembris On Saturday 5 Novembris introductum est Breve Thomae Dom. Grey de Wilton quo praesenti Parliamento interesse summonebatur Nov. 5. admissus est ad suum praeheminenciae sedendi in Parliamento loco salvo jure alieno The Petition of the Lord De-la-ware presented to this House for restitution of the same place in the Parliament which his Ancestors had in the Rank and Order of the Barons and referred to Committees viz. to the Lord Treasurer the Earl of Nottingham Lord Admiral the Earl of Shrewsbury Lord Bishop of London Lord Bishop of Winton Lord Zouche Lord Stafford Lord Windsor Lord Sheffield Lord North Lord St. John of Bletsoe Lord Buckhurst Lord Chief Justice of the Common-Pleas Lord Chief Baron and Edward Coke Esq the Queens Atturney who appointed to meet at the Council-chamber at the Court at Whitehall on Sunday Nov. 6. at two of the clock in the afternoon Munday Nov. 7. An Act for the speedy satisfaction of her Majesty against Accomptants secunda vice lect and committed to the Lord Archbishop of Canterbury the Lord Treasurer the Lord Admiral three Earls three Bishops three Barons the Lord Chief Justice of England Mr. Baron Ewens and Mr. Atturney General to attend their Lordships and appointed to meet at the little Council-chamber in Whitehall to morrow at four a clock in the afternoon Introductum est Breve Com. Derby quo praesenti Parliamento interesse summonebatur c. On Thursday Nov. 10. the Lord Treasurer made Report to the House what had been done by the Committees upon the Petition of the Lord De-la-ware and how it was resolved by them upon hearing and debating the matter with certain learned Counsel in the
an Act concerning a Lease of great yearly Value procured to be passed from her Majesty by William Kirkham read prima vice Kirkham and Ambrose Willoughby Esq to be warned to attend the Lords on Munday-morning next at which time it is appointed the said Bill shall be read the second time An Act concerning the draining and recovery from the water certain overflown Grounds in the County of Norfolk An Act for draining of Lands secunda vice lect and referred to the same Committees upon the Bill formerly read of that kind concerning 300000 Acres c. with addition of the Lord St. John and Mr. Atturney to attend appointed to meet c. and such Parties as the same may concern to be warned to attend On Saturday Jan. 14. certain Objections unto a Bill entituled An Act for the increase of People c. were set down in writing by Mr. Atturney-General and brought into the House by the Lord Archbishop of Canterbury the first of the Committees and the same sent to the Lower House for their consideration thereof according to a Promise made by their Lordships to the select Committees of the Lower House at the meeting yesterday about the Bill delivered by Mr. Atturney and Dr. Stanhopp Certain Knights and Burgesses of the Lower House were sent to their Lordships to desire a Conference with a competent number of that House concerning the Amendments and Provisoe added to the Bill entituled An Act for erecting of houses of Correction and punishing of Rogues Vagabonds c. whereupon choice was made of the Lord Archbishop of Canterbury the Lord Admiral the Earl of Shrewsbury and the Bishop of Winchester and two Barons being part of the number formerly appointed upon the Bill the two Chief Justices and the Chief Baron Mr. Serjeant Drew and Mr. Atturney-General to attend them and the same presently signified to the same Knights and Burgesses but with this caution That whatsoever had been mended or added by their Lordships could not now be altered by the Orders of the House howbeit to yield the Lower House satisfaction of the reasons that moved their Lordships to make those Amendments they assented to a Conference the meeting appointed to be in the outward Chamber of the Upper House of Parliament on Munday-morning at eight of the clock The Earl of Essex not able to attend for want of health certified by the Lord North. The Bishop of Landaff absent by reason of sickness signified by the Bishop of Chester On Munday Jan. 16. Report was made by the Lord Archbishop of Canterbury That upon meeting of such of the Lords of the Higher House as were appointed this day to confer with certain select Knights and Burgesses of the Lower House concerning the Amendments and Provisoes added by their Lordships to a Bill entituled An Act for erecting houses of Correction c. the said Knights and Burgesses do hold themselves satisfied upon the Reasons alleadged by their Lordships in some part of the said Amendments but not in all Kirkham was called into the House before their Lordships and after he had been heard what he was able to say on his own behalf the same Bill was read a second time viz. An Act concerning a Lease of great yearly Value procured to be passed from her Majesty by William Kirkham and commanded to be ingrossed A Motion made that a Proviso should be added to the Bill concerning the Bishoprick of Norwich which Proviso was presently drawn in the House by Mr. Atturney-General and thereupon read And for the more expedition in the proceeding of the Bill it was thought meet that the Lord Archbishop of Canterbury Lord Marshal Lord Admiral Bishop of London Lord Chamberlain and Lord Cobham should confer with a competent number of the Lower House about the said Proviso Whereupon Mr. Serjeant Drew and Mr. Atturney were sent to the Lower House to signifie the same unto them who presently assented to a meeting and made their repair to their Lordships forthwith An Act for enlarging the Statute made for following of Hue and Cry in 27 Reginae in some sort to relieve the Inhabitants of the small hundred of Beyvershe alias Benhurst in cases where they are in no ways voluntarily in default and yet they are or shall be charged by the same Statute and by two ancient Statutes the one made 13 Edw. 1. and the other 28 Edw. 3. for repressing Robberies On Tuesday Jan. 17. a Proviso drawn by Mr. Atturney by commandment of the House to be added to the Bill for establishing of the Bishoprick of Norwich c. was twice read and commanded to be ingrossed and then both the Bill and Proviso read the third time and returned to the Lower House for their consideration on the Proviso An Act for some better staying of Corn within this Land to give liberty to English Subjects sometimes to buy Wheat c. and to sell the same again in the same kind for the better relief of the Common-wealth tertia vice lect and rejected On Wednesday Jan. 18. the Lord Keeper signified to the House That the Parties that followed the Bill for the Hospital of Warwick are not provided of their Counsel learned whereupon the House assigned them a new day viz. Friday morning next An Act for avoiding of bringing of Pins into this Realm made and wrought in forraign parts beyond the Seas secunda vice lect and rejected The Amendments agreed upon by the Committees upon the Bill of Tillage appointed to be brought into the House to morrow-morning by the Lord Chief Justice of England An Act for the better furnishing and supply of able Chyrurgeons in and to the Land and Sea-service for her Majestie and the Realm secuuda vice lect A Bill about Chirurgeons for Sea-service The Lord Buckhurst signified that upon a Letter written unto him by the Lord Marquess of Winchester notifying his present sickness whereby he was not able to give his attendance as yet the said Lord Buckhurst according to the request of the said Lord Marquess having moved her Majesty therein it pleased her Majesty to hold him excused until his recovery and commanded that he should then give his attendance On Thursday Jan. 19. Answer was returned in writing from the Lower House and delivered by certain Knights and Burgesses sent for that purpose unto the Objections taken by their Lordships to some points of the Bill intituled An Act for the increase of People for the service and defence of the Realm which Objections were formerly delivered unto them in writing upon their request made to their Lordships Certain selected persons of the Lower House viz. Sir William Knolles and Sir Edward Hobby Kts with divers others coming from the said Lower House delivered a Message Complaint of the Commons of an Innovation by their Lordships signifying that the Knights and Burgesses desired to receive satisfaction from their Lordships concerning an Innovation as the said Knights and Burgesses supposed very lately begun in the Upper House
in delivering an Answer from the Lords by the mouth of the Lord Keeper in other form and manner than as was pretended by the Knights and Burgesses in former times used as they did interpret it to the prejudice and derogation of the Liberty of the Lower House For whereas on the 14th instant Sir Walter Rawleigh Kt. with divers others of the Lower House were sent to the Lords to deliver a certain Message to this House after consultation had thereupon by the Lords and after signification thereof given to the said Sir Walter Rawleigh and the rest staying in the outward room for answer that they might come in and receive the same it was thought meet that the Lord Keeper should deliver the said Answer sitting in his place and every of the Lords keeping their places and not going out to the Bar as the use and form is when the Lords receive either Bills or Message from the Lower House and as the Lords had done once or twice before by errour or not attending the Formality and Order of the House in that point This was the Exception taken by the Message delivered this day from the Knights and Burgesses of the Lower House wherein they desired to receive satisfaction Upon which Message the Lords having consulted and delivered their Opinions touching that Order and Custome of the House as it had been observed and particularly noted by some of them that were the most antient and of longest continuance in Parliament and especially by the Lord Burleigh Lord Treasurer the most antient Parliament man of any that are at this present either of the Upper or the Lower House and likewise by the Lord Arch-bishop of Canterbury and by the Lord Admiral the Lord North the Lord Buckhurst and others that had been present at many Parliaments It was resolved The resolution of the Lords upon the Complaint That the Order and Usage of this House was and is that when any Bills or Messages be brought from the Lower House to be preferred to the Upper House the Lord Keeper and the rest of the Lords are to rise from their places and to go down to the Bar there to meet such as come from the Lower House and from them to receive in that place their Messages or Bills But contrary wise when any Answer is to be delivered by the Lord Keeper in the name and behalf of this House to such Knights and Burgesses as came from the Lower House the said Knights and Burgesses are to receive the same standing towards the lower end of the House without the Bar. And the Lord Keeper is to deliver the same sitting in his place with his head covered and all the Lords keeping their places and that whensoever it had been done otherwise the same was by errour or mistaking and therefore not to be drawn into an Example or President as it was acknowledged by the Lord Keeper this day and the rest of the Lords that the going of the said Lord Keeper and the rest of the Lords from their places unto the Bar some few days before once or twice to give answer to some of the Lower House whereof the Lower House seemed to take some advantage was onely by miscognizance or rather for want of due remembrance at the present of the Order and Custome of this House whereunto their Lordships having regard rather to the dispatch of matters of importance in the House than to Formalities were not greatly intentive This to have been the ancient usage of the House and that the same ought still to be was concluded by common and general consent of the Lords both upon particular remembrance and observations of the like course and Order holden afore-time by other Lords that held the place in the House of Lord-Chancellor and Lord Keeper and also by divers reasons urged and alleadged to prove and shew that the said Order doth best stand with the dignity and gravity of the House and with the conveniency and aptness for dispatch of Affairs appertaining to the Parliament and that the contrary course is both indecent and inconvenient This being so resolved and concluded The Lords send to the Commons to come up and know their Resolutions it was agreed that Mr. Atturney-General and Mr. Serjeant Drewe should go down to the Lower House and signifie from the Lords to the Knights and Burgesses That if they would send any of that House up to the Lords to receive Answer unto their aforesaid Demand Answer should be given them Whereunto the said Knights and Burgesses returned signification of their Assent by the said Mr. Atturney-General and Mr. Serjeant Drewe And within a very little time after sent up accordingly the said persons and divers of them who before had been sent to demand satisfaction but being come into the House and having placed themselves at the lower end of the room as at other times they accustomed expecting that the Lord Keeper and the rest of the Lords would come from their places and meet them at the Bar to deliver them Answer When the Lord Keeper moved them to come nearer to receive Answer 39 Eliz. and when they perceived the Lords were resolved not to come from their places to the Bar they protested by the mouth of Sir William Knolls The Commons protest that they had no Commission to receive Answer in that Form and so refusing to receive any Answer departed The Question and Difference thus remaining betwixt the Houses it was afterwards upon a motion sent from the Lords to the Lower House agreed on both parts The Question continuing the Lords desire a Conference that a Conference should be had and that the aforesaid selected persons of the House or so many of them as shall be needful should meet with divers of the Lords of the Upper House being nominated by the House for that purpose in the outward great Chamber before the Chamber of Parliament-presence to debate the matter and bring it to a conclusion Which Meeting and Conference being assented unto and afterwards accordingly there performed on the 19 of Jannuary and the Question debated and the reason and observation of former times for the aforesaid Order and Custom of the House being alleadged by the Lord Arch-bishop of Canterbury the Lord Treasurer the Lord Admiral the Lord North and the Lord Buckhurst that had been present in many Parliaments and especially by the Lord Treasurer the most antient Parliament-man it was found and resolved that the Order and Custom of the House was as is before written viz. where the Dispute is determined That when any Bills or Messages are brought from the Lower House to be presented to the Upper House the Lord Keeper and the rest of the Lords are to rise from their places and to go down to the Bar there to meet such as come from the Lower House and from them to receive in that place their Messages or Bills But contrarywise when any Answer is to be delivered
Committees of the Lower House to come the sooner this Afternoon for this purpose they might well enough perform both the one and the other On Wednesday Feb. 1. the Bill intituled Feb. 1. An Act for the reviving continuance explanation and repealing of divers Statutes returned to the House by the Lord Chief Justice with some amendments which were presently twice read and thereupon Commandment given to be prepared ready in writing in Paper for a third reading It is agreed that a Conference shall be had with some of the Lower House about this Bill upon Friday Morning next On Friday Feb. 3. a Proviso in the Bill for recovering 300000 Acres more or less of waste Marsh and watry Ground this day twice read and the Amendments And thereupon Commandment given the said Amendments should be written in Paper and the Proviso ingrossed in Parchment ready for a third reading Report made by the Lord Treasurer what the substance of the Conference was between their Lordships and certain select Committees of the Lower House concerning the Bill for reviving continuing and repealing of divers Statutes and the same referred to the Lord Chief-Justice and other Justices for their further consideration On Saturday Feb. 4. an Act for reformation of Retailing-brokers and other Pawn-takers read tertia vice An Act against the deceitful stretching and Taintering of Northern Cloaths tertiavice lect An Act for the reviving continuance explanation perfecting and repealing of divers Statutes tertia vice lect The three Bills above-mentioned sent to the Lower House of which the two latter were returned for their consideration of certain Amendments and Proviso's added by their Lordships The Proviso thought meet by the Committees on the Bill concerning the draining and recovery of certain over flown Grounds in the County of Norfolk twice read and commanded to be engrossed A Motion by the Lord Buckhurst that the County of Sussex might be added to the general Bill of surrounded Grounds The like Motion by the Lord North and others for the Counties of Somerset and Essex whereto the House assented and the said three Counties were accordingly added to the rest On Munday Feb. 6. hora secunda post Meridiem the Proviso added by the Lower House to the Bill for the confirmation of the Joynture of Christian Lady Sandis read tertia vice and thereupon the Bill expedited On Tuesday a Message from their Lordships to the Lower House delivered by Serjeant Drew and Dr. Carew for a Conference concerning a Bill against excess of Apparel with a competent number of the said House The time and place being desired to be at Two of the clock this Afternoon at the great Chamber of the Upper House of Parliament On Wednesday Feb. 8. the Bill for amendment of High-ways in the Counties of Sussex Surrey and Kent was read tertia vice and expedited On Thursday Feb. 9. at Three of the clock in the Afternoon They are dissolved Dominus Custos Magni Sigilli ex Mandato Dominae Reginae tunc dissolvit presens Parliamentum A Journal of the Passages of the House of Commons in Parliament holden at Westminster in Anno 39 Eliz. Reginae annoque Dom. 1597. begun there on Munday the 24 of Octob and Dissolved Febr. 9. Anno 40. ejusdem Reginae THe Ninth Parliament of our Soveraign Lady Elizabeth by the grace of God of England France and Ireland Queen 1597. Oct. 24. The Parliament assembles defender of the Faith c. began at Westminster upon Munday Octob. 24 in the 39th year of her Majesties Reign upon which day many of the Knights of the Shires Citizens of the Cities Burgesses of Burroughs and Barons of the Cinque-Ports did then make their appearance at Westminster being returned into the said Parliament for the same Shires Cities Burroughs and Ports before the Right Honourable the Earl of Nottingham Lord Steward of her Majesties most honourable Houshold Chuseth Serj. Yelverton for their Speaker and having authority to chuse their Speaker they made choice of Mr. Serjeant Yelverton to be their Speaker On Thursday Octob. 27. the House being set and before Mr. Speaker went up unto her Majesty in the Upper House Chancellor of the Exchequer moves that none may hereafter enter the House with Spurs on and pay the Serjeant his fees Mr. Chancellor of the Exchequer moved and admonished that none of this House should after this present day enter into the House with their Spurs on for offending of others and withal that none do come into this House before they have paid the Serjeant's Fees due unto him according to the accustomed usage of this House in that case After which Mr. Speaker The Commens go to the Lords House with the greatest number of this House went towards the Upper House there to attend her Majesties pleasure and afterwards being admitted the said Mr. Serjeant Yelverton was presented before her Majesty and allowed of by her Speaker approved they return to the Lower House according to the usual form in that case accustomed And so returning to this House he was Speaker and took his place and sat in the Chair And then and there signified to this House that whereas in former times the Order was to have a Bill read before they did rise A caution given that no Bill could be read this day as was usual the same could not be so done at this time because her Majesty had in the Upper House adjourned this Parliament until Saturday next come seven-night being the fifth day of November next coming at eight of the clock in the Forenoon of the same day till which time he said all the Members of this House might depart and take their ease and so then every man went his way On Saturday Novemb. 5. the House met about eight of the clock in the Morning Which proved a mistake of the Speakers having through a mere mistake and errour of the Speaker and themselves conceived their House to have been adjourned by the Lord Keeper the first day of this Parliament unto this present day The Bill against Forestallers Regrators and Engrossers read the first time Mr. Finch shewing sundry great and horrible abuses committed by Vagrant and Idle persons offensive both to God and the world and further shewing the extream miserable estate of the Godly and honest sort of the poor Subjects of this Realm moved for a Committee of this House to be selected for redress thereof The Bill for the taking away the benefit of Clergy from Offenders against a Satute made 3 Hen. 7. concerning the taking away of Women again their wills Bill against those that take away Women against their will was read prima vice Sunday Novemb. 6. On Munday Novemb. 7. four Bills had each of them one reading the last being the Bill against Forestallers c. was upon the second reading committed unto Mr. Chancellor of the Exchequer Mr. Francis Bacon the Citizens for London York Coventry Bristol and Gloucester Mr. Nathaniel
Bacon and others who were appointed to meet on Wednesday next at the Exchequer-Chamber at two of the clock in the Afternoon and the Bill and Committees names were then delivered to Mr. Chancellor of the Dutchie The Bill for taking away of benefit of the Clergy from Offenders against the Statute made 3 Hen. 7. concerning the taking away of Women against their wills unlawfully was upon the second reading committed unto Mr. Sollicitor Mr. Recorder of London Mr. Boyes Mr. Finch Mr. Bourcher and M. Duport to go presently into the Committee-chamber of this House who taking the Bill with them and returning again very soon after they had inserted into the Bill these words viz. hereafter to be committed which words being read unto the House and not well liked of were stricken out and these words were set down therein by consent of the House viz. to be committed after the end of this present Parliament and were then twice read and so the Bill upon the question was ordered to be ingrossed On Tuesday Novemb. 8. two Bills had each of them one reading of which the second being the Bill touching the transporting of Sheep-skins and Pelts was read prima vice Also two other Bills had each of them one reading of which the second being the Bill for due performance of the last Will and Testament of George Durant was upon the second reading committed unto Sir Edward Hobby Mr. Francis Bacon Mr. Francis Maro Sir Robert Wingfield Mr. Calthrope Sir Thomas Cecil and Sir James Harrington who were appointed to meet to morrow in the Exchequer-Court at Two of the clock in the Afternoon Sir Francis Hastings moved for the abridging and reforming of the excessive number of superfluous and burthensome penal Laws which motion being seconded by Mr. Francis Bacon and others the consideration of the management thereof was committed to all the Privy-Council being Members of the House A Bill to reform the number of superfluous and burthensome penal Laws c. all the Serjeants at Law likewise being Members of this House all the Lawyers of this House Mr. George Moore Mr. Lukenor Mr. Nathaniel Bacon Mr. Rotherham Mr. Comistie Mr. Diggs Mr. Crompton Mr. Peake Mr. Atturney of the Court of Wards Mr. Colebrand Mr. Atturney of the Dutchie Mr. Tolerby Mr. Culpepper Dr. Bennet Dr. James Dr. Perkins all the Knights of the Counties and for the City of London returned into this House Sir William Moore Sir Edward Hobby Sir Thomas Hobby and Mr. Hubbert who were appointed to meet in this House upon Thursday next at Two of the clock in the Afternoon On Wednesday Novemb. 9. two Bills had each of them one reading the second being the Bill to suppress the multitude of Maltsters Bill to suppress the multitude of Maultsters was upon the second reading committed unto Sir Robert Wroth Mr. Hubbert the Burgesses of Iork Hull Worcester and Gloucester Mr. Nathaniel Bacon and others who were appointed to meet at Two of the clock this Afternoon in the Middle-Temple Hall Two other Bills had each of them one reading of which the second being for the amendment of Weavers and Spinners Wages was read prima vice The House began this day to name Committees touching Monopolies and Patents of Priviledges of which Sir John Fortescue Chancellor of the Exchequer Mr. Barker Mr. Lawrence Hide and some nine others being appointed Mr. Secretary Cecil moved the House the day being far spent and the business in agitation of great weight the nominating of the said Committee might be deferred until the day following and that then it might be discussed and set down touching what matter the said Committee should treat Whereupon upon the question it was deferred accordingly On Thursday Novemb. 10. the Bill for the establishing of the Town-lands of Wanting in the County of Berks to the relief of the Poor amending of High-ways and maintaining of a School-master in the Town of Wanting aforesaid was upon the second reading committed unto Mr. Controler the Knights for the County of Berks Mr. Henry Nevil Sir Humphry Foster Mr. Sollicitor Mr. Francis Moore Mr. Oglethorp Mr. Laurence Hide Mr. Little Mr. Tasborough and Mr. Oldsworth who were appointed to meet on Saturday next at Two of the clock in the Afternoon in this House Three other Bills had each of them one reading of which the last being the Bill for re-edifying the Town of Langford Estevor in the County of Somerset was upon the second reading committed unto the Knights for the County of Somerset Sir Francis Hastings Mr. Hexte all the Burgesses of Somerset-shire Mr. Edward Philips Mr. Alexander Popham the Knights and Citizens for London Sir Robert Wroth Mr. Jerom Horsey and Dr. James who were appointed to meet on Munday next at Two of the clock in the Afternoon in the Middle-Temple Hall Mr. Walgrave moved touching the abuses of Licenses for Marriages granted by Ecclesiastical persons and prayed that consideration may be had for reformation thereof by this House On Friday Novemb. 11. four Bills had each of them one reading of which the first was the Bill concerning the Hospital of Warwick Dr. Wingfield and Dr. James do shew sundry great abuses by Licenses for Marriages without Banes granted by Registers and other inferior Officers Whereupon Sir Thomas Cecil moved for a Committee for drawing a Bill for reformation thereof whereupon were nominated Sir Thomas Cecil Mr. Fannel Mr. Finch Dr. James Mr. Nathaniel Bacon Mr. Robert Wingfield and others who were appointed to meet to morrow at Two of the clock in the Afternoon in Grays-Inn-hall Mr. Hexte moved touching the abuses in Probates of Wills Mr. Edward Hobby moved for a Committee for continuance of several Statutes whereupon were nominated Mr. Atturney of the Dutchie Mr. Atturney of the Court of Wards Sir Robert Wroth Mr. Sollicitor Sir Edward Hobby Mr. Francis Moore Mr. Francis Bacon all the Serjeants at Law being of this House Sir William Moore and others and a note of the names of the Committees were delivered to Sir Robert Wroth who with the rest were appointed to meet on Thursday next in the Inner-Temple-hall at Two of the clock in the Afternoon On Saturday Novemb. 12. four Bills had each of them one reading of which the first being the Bill for the repeal of the Statute of the 23 of her Majesties raign Bill for increase of Mariners and maintenance of Navigation intituled An Act for the increase of Mariners and maintenance of Navigation was upon the second reading committed unto all the Burgesses of the Port-towns all the Citizens of London York Hull and Norwich the Burgesses of Carnarvan Mr. Miles Sands and others who were appointed to meet on Munday next at Two of the clock in the Afternoon in the Middle-Temple-hall The Bill against the counterfeiting the Hands of the Lords Bill against counterfeiting of Hands was read the second time and upon the question committed unto all the Privy-Council being Members of this House all the Serjeants at Law
residue of the Members of this House according to the ancient Orders in such cases used Mr. Speaker did thereupon move That in regard of the pretiousness of the present time the Parliament being so neer an end it might please this House in yielding and assenting to the due allowance of the right of the said Order in the said course thereof The usual Ceremony dispensed withal for this time in the ceremony of bringing in this Bill the execution of the same may be at this time omitted in regard of the shortness of the same time and was thereupon so assented unto and ordered accordingly upon the Question The Bill for Husbandry and Tillage was read the third time and passed upon the Question and after many Arguments was sent up to the Lords by Mr. Secretary and others Sunday Decemb. 18. On Munday Decemb. 19. the Amendments in the Bill concerning the confirmation and establishment of the deprivation of divers Bishops in the beginning of her Majesties Reign being thrice read the Bill with the Amendments passed upon the Question Two other Bills had each of them one reading of which the second being the Bill against lewd and wandering persons pretending themselves to be Souldiers or Mariners was read the third time and referred after sundry Speeches to Sir Robert Wroth and others to go up presently into the Committee-chamber of this House to amend some parts of the said Bill according to some of the said Motions Mr. Atturney-General and Dr. Stanhopp brought from the Lords a Bill passed with their Lordships entituled An Act for the confirmation of the Subsidy granted by the Clergie and shewed that their Lordships do recommend the same to this House for the speedy expedition of the same Bill in this House The Bill for confirmation of the Subsidy granted by the Clergy prima vice lect Mr. Atturney-General and Dr. Stanhopp brought from the Lords a Bill lately passed with their Lordships with the good assent and agreement of the Parties entituled An Act of Parliament for Arthur Hatch her Majesties Ward for enjoying the Rectory and Parsonage of South-Moulton in the County of Devon for certain years reserving the usual Rent On Tuesday Decemb. 20. the Bill for confirmation of the Subsidy granted by the Clergy was read the second time and passed upon the Question Mr. Recorder of London one of the Committees in the Bill against lewd and wandering persons pretending themselves to be Souldiers or Mariners shewed That they had mended the said Bill in some parts thereof which Amendments being twice read to the House and before any allowance for the third reading of them sundry Members of this House did argue to the parts of the said Bill and Amendments both with and against it After which Committees were appointed in the said Bill against wandering Souldiers and Mariners and also in the Bill concerning Leassees and Patentees against the next sitting of this Court and to meet to morrow in the afternoon in the Middle-Temple hall who were as followeth Mr. Recorder of London Mr. Brodgrave Atturney of the Dutchie Sir George Carewe Mr. Hunt and others together with all other Committees in all other Bills formerly committed by this House and not as yet expedited all which are to meet at the aforesaid time and place concerning such Bills as are committed unto them This day this Court was adjoured until the 11th of January next coming The House adjourned to the next month at eight of the clock in the morning by her Majesties commandment and so likewise the Upper House Upon which 11 of January Jan. 11. being Wednesday the House met again and without any other further ceremony proceeded in such ordinary Bills and businesses as had been left unperfected in the former meeting The first of which that is expressed in the Original Journal-book of the House of Commons was the giving of the first reading unto the Amendments and Provisoes of the Lords added unto the Bill lately passed in the House and sent up to their Lordships and again returned by them with the said Amendments and Provisoes being entituled An Act for erecting of houses of Correction for punishment of Rogues Vagabonds and sturdy Beggars The Amendments and Proviso of the Lords in the Bill lately passed in this House for the relief of the Poor was this day read in this House for the first reading of the said Amendments and Proviso The Bill for Arthur Hatch her Majesties Ward for enjoying the Rectory and Parsonage of South-Moulton in the County of Devon for certain years reserving the usual Rent was read the first time The Bill concerning the Highway-lands of Alisbury in the County of Bucks was upon the second reading committed unto Mr. Chancellor of the Exchequer Mr. Recorder of London Mr. Lee the Burgesses of Alisbury Mr. Boyer and others who were appointed to meet this afternoon in the Inner-Temple-hall The Amendments and Proviso in the Bill to prevent double payment of Debts upon Shop-books was deferred until to morrow to be considered of for perfecting of the same above in the Committee-chamber of this House Lastly the Bill for taking away the benefit of Clergy from Robbers of houses in the day-time though no person be therein was read the first time On Thursday Jan. 12. three Bills had each of them one reading of which the last being the Bill for the due execution of Ordinances made in Corporations was upon the second reading committed unto Mr. Philips Mr. Serjeant Warberton Mr. Finch Mr. Wingfield Mr. Pelham and others who were appointed to meet to morrow in the afternoon at Serjeants-Inne in Chancery-lane The Bill for the Hundred of Beynersh alias Beynerst in the County of Berks was read the second time and upon the Question it was ordered to be ingrossed The Amendments this day made by some of the Member of this House above in the Committee-chamber in the Bill to prevent double payment of Debts upon Shop-books were twice read and upon the Question ordered to be ingrossed The Amendments and Provisoes of the Lords in the Bill lately passed in this House entituled An Act for erecting of houses of Correction and punishment of Rogues Vagabonds and sturdy Beggars being twice read for the second and third reading of the same Amendments and Provisoes were together with the said Bill after sundry Speeches first had referred to the further consideration and examination of Sir Walter Rawleigh Mr. Francis Bacon Mr. Sollicitor Mr. Lukenor Mr. Wingfield Sir Edward Hobby Sir William Cornwallis Mr. Hext Mr. Robert Wroth and Mr. Serjeant Harries who were appointed to meet this afternoon together with the other Committees against wandering Souldiers and Mariners at Serjeants-Inne in Chancery-lane The Bill to reform Deceits and breaches of Trusts touching Lands given to charitable uses was read the first time On Friday Jan. 13. two Bills had each of them one reading of which the second being the Bill concerning Garret de Malmes and John Hunger Merchants strangers was upon the
Committees and some Amendments they had made in the said Bill and so delivered in the Bill and Amendments to the House The Bill for building and erecting of a bridge over the River of Wye at Wilton upon Wye neer the Town of Ross in the County of Hereford was read the third time and passed upon the Question Dr. Carewe and Dr. Stanhopp did bring from the Lords a Bill passed in this House and sent up to their Lordships entituled An Act for the establishing a Joynture to Anne Lady Wentworth now Wife of William Pope Esq and for the better enabling William Pope aforesaid to sell certain of his Lands for the payment of his Debts And another for the confirmation of the Joynture of the Lady Verney Wife of Sir Edmond Verney Knight which Bill their Lordships have also passed with some Amendments Sunday Feb. 5. On Munday Feb. 6. two Bills had each of them one reading of which the first being the Bill for the reformation of retailing and Pawn-takers was read the first time Mr. Boyes one of the Committees in the two Bills the one against carrying Corn out of the Realm and the other to restrain the lading of Corn in some Ports shewed the meeting of the Committees and that they had made some Amendments in one of the same Bills and so delivered the said Bills into the House Mr. Francis Bacon Bill against the decaying of Towns and houses of Husbandry one of the Committees in the Bill late passed in the Upper House by the Lords and sent down to this House against the decaying of Towns and houses of Husbandry shewed the meeting of the Committees and their Amendments in the said Bill which being read to the House were very well liked of by the whole House On Tuesday Feb. 7. two Bills had each of them one reading of which the second being a Bill for establishing a Joynture to Anne Lady Wentworth now Wife of William Pope Esquire and for the better enabling of the said William to sell certain Lands for payment of his Debts was read the second time and committed to Mr. Controuler Mr. Lukenor Mr. Francis Bacon Mr. Oglethorpe and the Knights and Burgesses of London and twenty four others who were appointed to meet this afternoon in the Court of Wards The Amendments and Provisoes of the Lords in a Bill lately passed in this House entituled An Act for the reviving continuing and repealing of divers Statutes being thrice read the Amendments were assented unto and the Provisoes were passed upon the Question On Wednesday Feb. 8. the Bill entituled An Act for the establishing of a Joynture to Anne Lady Wentworth now Wife of William Pope Esquire and for the better enabling of the said William to sell certain of his Lands for the payment of his Debts and the Bill entituled An Act for the enabling Edmond Moleneux Esquire to sell Lands for the payment of Debts and Legacies and the Bill entituled An Act against the deceitful stretching of Northern Cloath and the Bill entituled An Act for the further continuing and explanation of an Act for the necessary relief of Souldiers and Mariners made thirty five Reginae were sent up to the Lords by Mr. Controuler and others The Bill for the reformation of abuses in Wine-casks was read the third time and dashed upon the Question The Bill for the better execution of Judgments was read the third time and passed upon the Question On Thursday Feb. 9. the Bill entituled An Act for reformation of Retailing-Brokers and other Pawn-takers the Bill entituled An Act that Lessees may enjoy their Leases against all Patentees their Heirs and Assignees notwithstanding any default of payment of their Rents during the time that the Reversion or Inheritance remained in the Crown and a Bill entituled An Act for the better execution of Judgments were sent up to the Lords by Mr. Controuler and others The Bill for the Queens Majesties most gracious Pardon was once read and passed upon the Question Nota That whereas to the passing of other Bills three several readings are required here the Bill for her Majesties most gracious Pardon passed upon the first reading Mr. Serjeant Drewe and Dr. Carewe brought from the Lords the Bill entituled An Act for the grant of three Subsidies and six Fifteenths and Tenths and did shew that their Lordships in like manner have passed the said Bill and so delivered the same to Mr. Speaker to the end that he might carry the same up to the Upper House to be presented by him unto her Majesty in the name of the whole House Post Meridiem The Queens Majesty came to the Upper House soon after three of the clock of which the House of Commons having notice repaired thither with Christopher Yelverton Serjeant at Law their Speaker who having in the name of the whole House presented her Majesty with the Bill of three Subsidies and six Fifteenths and Tenths amongst other things desired her Majesties Royal assent to such Laws as had passed the two Houses He was answered according to her Majesties command by the Lord Keeper That she thankfully accepted of the said Gift of her loving Subjects and very well allowed of the said Speakers pains and Speech Then Mr. Smith the Clerk of the Upper House The Qu. passeth 24 publick Acts and 19 private Acts and refuses 48 Acts that had passed both Houses and then dissolves this Parl. having read the Titles of all the Acts her Majesty gave her Royal assent to twenty four publick Acts and nineteen private and refused fourty eight which had passed both the Houses After which Sir Thomas Edgerton Knight Lord Keeper of the great Seal of England by her Majesties commandment dissolved this present Parliament An exact Journal of the Passages of the Vpper House of Parliament 43 Eliz. holden at Westminster anno 43 Eliz. Reginae annoque Dom. 1601. which began on Tuesday 27 Octob. and there continued until 19 Decemb. next insuing ON Tuesday Octob. 27. Oct. 27. the Parliament held according to the Summons that had been sent forth The Qu. comes to the House of Peers and the Queens Majesty was personally present in the Upper House about three of the clock in the afternoon her Majesty came accompanied with the Lord Keeper of the great Seal and divers of the Nobility and Bishops There were present all sitting in their Parliament-Robes according to their several places these Noble Personages following Lift of the Peers then present The Archbishop of Canterbury Sir Tho. Edgerton Lord Leeper of the great Seal The Lord Buckhurst Lord Treasurer of England The Marquiss of Winchester The Earl of Sussex Earl Marshal of England The Earl of Nottingham Lord High-Admiral of England and Lord Steward of her Majesties Houshold The Earl of Northumberland The Earl of Shrewsbury The Earl of Derby The Earl of Worcester The Earl of Cumberland The Earl of Hertford The Earl of Lincoln BISHOPS The Bishop of London The Bishop of
appointed by your Majesty and your Subjects And I beseech your most excellent Majesty not to interpret my denial herein to proceed from any unwillingness to perform all devoted dutiful service but rather out of your Majesties clemency and goodness to interpret the same to proceed from that inward fear and trembling which hath ever possessed me when heretofore with most gracious audience it hath pleased your Majesty to license me to speak before you For I know and must acknowledge that under God even through your Majesties great bounty and favour I am that I am And therefore none of your Majesties most dutiful Subjects more bound to be ready and being ready to perform even the least of your Majesties commandments I therefore do most humbly beseech your Majesty that in regard the service of so great a Prince and flourishing Kingdom may the better and more effectually be effected to command your dutiful and loving Commons the Knights citizens and Burgesses of the Lower House to proceed to a new Election On Tuesday Nov. 5. Nov. 5. were two Bills read of which the first being for assurance of Land and the second for the restraint of the excessive and superfluous use of Coaches within the Realm of England Bill against excessive and superfluous use of Coaches were each of them read prima vice Dominus Custos Magni Sigilli continuavit praesens Parliament usq in diem Sabbati 7 Novemb. hora decima On Saturday Nov. 7. the Bill for assurance of Lands was read secunda vice and committed unto the Archbishop of Canterbury the Lord Treasurer the Earl of Nottingham the Earl of Worcester the Earl of Cumberland the Earl of Lincoln the Lord Bishop of London the Lord Bishop of Durham the Lord Bishop of Winchester the Lord Zouche the Lord Cobham the Lord Grey the Lord Rich and the Lord Howard of Walder and the Lord Chief Justice of her Majesties Bench the Lord Chief Justice of the Common-Pleas the Lord Chief Baron and Mr. Atturney-General were appointed to attend their Lordships On Tuesday Nov. 10. two Bills had each of them one reading of which the second being the Bill for preservation of Phesants and Partridges was read secunda vice and committed to the Lord Archbishop of Canterbury the Lord Treasurer the Earl of Nottingham the Earl of Northumberland the Earl of Derby the Earl of Worcester the Earl of Cumberland the Earl of Pembrooke the Earl of Lincoln the Bishop of London the Bishop of Durham the Bishop of Winchester the Bishop of Lincoln the Bishop of Ely the Lord Zouche the Lord Cobham the Lord Grey the Lord Mordant the Lord Rich the Lord Sheifield the Lord Chandois the Lord Compton the Lord Howard of Walden and the Lord Chief Justice of her Majesties Bench the Lord Chief Justice of the Common-Pleas and the Lord Chief Baron to attend the Lords And the Bill was delivered to the Archbishop of Canterbury On Thursday Nov. 12. to which day the Parliament had been last continued the Bill concerning Musters Souldiers and other things was read secunda vice and committed unto the Archbishop of Canterbury the Lord Treasurer the Earl of Nottingham six other Earls eight Bishops the Lord Zouche the Lord Cobham and eight other Barons and the Lord Chief Justice of the Common-Pleas Mr. Justice Walmesly Mr. Justice Warberton Mr. Serjeant Yelverton and Mr. Atturney-General were appointed to attend the Lords On Saturday Nov. 14. to which day the Parliament had been last continued request was made by Mr. Connisby Gent. Usher to the House and signified by the mouth of the Earl of Nottingham Lord Steward That forasmuch as the bringing of any person before the Lords upon the breach of the Priviledge of the House did appertain as the said Mr. Connisby supposed and alleadged to his place though in the last Parliament by some mistake the Serjeant at Arms was employed therein that therefore their Lordships would be pleased to confirm and settle such Order as he might at this time and henceforth have the right of his place in that behalf Whose Request being considered by the Lords it was thought meet That the Lord Archbishop of Canterbury the Lord Treasurer the Earl of Nottingham the Earl of Worcester the Lord Bishop of Winchester the Lord Zouche and the Lord Cobham should at their next meeting upon any other occasion take notice of such Presidents as could be produced therein either for the Gentleman-Usher or for the Serjeant at Arms and thereof to make Report to the House Whereupon their Lordships would proceed to the deciding of the Question between them Sunday Nov. 15. On Munday Nov. 16. to which day the Parliament had been last continued the Bill for reuniting Eye and Dunsden to the Mannor of Sunning was read secunda vice Dominus Custos Magni Sigill continuavit praesens Parliament usq ad diem Jovis viz. 19 Novemb. On Thursday Nov. 19. the Bill for the breed and increase of Horses of Service within the Realm was read prima vice Bill for increase of Horses of service Two Bills were brought up to the Lords from the House of Commons of which the second was to avoid and prevent divers Misdemeanours in lewd and idle persons and the other was for the confirmation of Grants made to her Majesty and of Letters-Patents made by her Majesty to others The Lord Mordant being not able to attend for want of health certified so much to the House by the Lord Compton This day William Hogan was brought into the House from the Fleet One of the Qu. servants complains of an Arrest who having made relation of his Arrest and the time when and of the parties that arrested him declaring that he was arrested by the Under-Sheriff of Surrey and others upon the Saturday before the beginning of his Parliament and that it was known unto the said Under-Sheriff that he was her Majesties servant in Ordinary and that he thought Tolkerne who was the Creditor was not privy to the Arrest contrary to the Priviledge of that Court upon the Offer and Petition of the said William Hogan it was ordered That the said William Hogan should enter into sufficient Bond to abide the Order and Judgment of the Earl of Cumberland He is ordered to give Bond to abide Judgment c. the Lord Bishop of London and the Lord Zouche for such satisfaction to be made of the Debt of 50 l. and any Costs and Charges as by the said Lords should be thought fit the Bond to be taken to the said Lords and thereupon to be discharged out of Prison and Execution And likewise that the Warden of the Fleet should be free from any trouble or damage or molestation for discharge of the said William Hogan It was likewise ordered by the Court Those who arrested him to appear at the Lords Bar. That the Under-Sheriff and any others that did arrest or assist the Arrest of the said William Hogan shall be sent for to appear
before the Lords in the House on Saturday next by nine of the clock in the morning On Saturday Nov. 21. to which day the Parliament had been last continued three Bills had each of them one reading of which the last being the Bill for assurance of Lands was read tertia vice Upon the reading of which Bill sundry Objections were made against some points of the same by the Lord Bishop of London and divers other Lords insomuch that the House was divided Whether it should be put to the question for the passing thereof or no many of the Lords affecting well the said Bill and wishing that any defect therein might rather be reformed than by the Question to put it to the hazard to be rejected Upon which it was thought meet to propound another Question viz. Whether the said Bill having been referred to Committees at the second reading and by them returned with some Amendments and thereupon appointed to be ingrossed may now after the ingrossing thereof and third reading be committed again or no Which being accordingly put to the question and the number both of the affirmative part and negative part falling out to be equal upon the accompting of them by the Lord Bishop of London and by Lord Grey 〈…〉 appointed by the Lords for that purpose it was adjâ—â—â—â—d that the Voices of the negative part which were against the 〈◊〉 committing of the Bill should prevail following therein the usual rule of Law whereof the Lord Keeper made mention that where the numbers of the affirmative and negative are equal Smper presumetur pro negante and after that the Bill it self being put to the question Whether it should pass or no was by the major part denied and refused Excuses were made for the absence of divers Lords by reason of sickness or other reasonable occasions The Marquiss of Winchester the Earl of Nottingham and the Earl of Hertford signified by some of their Servants to the Lord Keeper the Earl of Cumberland and the Lord Scroope signified by the Lord Wharton the Lord Rich by the Lord Zouche the Lord Mordant by the Lord Sturton the Lord Bishop of Coventry by the Bishop of Meneven and the Bishop of Chester by the Bishop of Bangor A Motion was made by the Lord Keeper and approved of by the Lords That the ancient course of the house may be observed hereafter in certifying the Excuses of such Lords as should happen to be absent from the House upon reasonable occasions which ought to be done by one of the Peers and not by other information Thomas Crompton Henry Best and Francis Jackson made their appearance in the House and being demanded whether the Bill concerning Eye and Dunsden might lawfully pass without their prejudice they answered That it might so do and they could take now exceptions to it On Munday Nov. 23. to which day the Parliament had been last continued the Bill for reuniting Eye and Dunsden to the Mannor of Suning was read tertia vice and so sent down to the House of Commons by Dr. Stanhopp and Mr. Hone. The Bill to avoid divers Misdemeanours in lewd and idle persons was read secunda vice The Bill for confirmation of Grants made to the Queen and of Letters-Patents made by her Highness to others was read secunda vice and committed to the Lord Archbishop of Canterbury and others who were appointed to meet at the great Council-chamber and the Bill was delivered to the Archbishop The Bill for increase of Horses of service within this Realm was read secunda vice and committed to the Earl of Nottingham and others and the Bill was delivered unto him being the first of the Committees The meeting of the Committees for the suppressing of the multitude of Ale-houses and for avoiding of unnecessary delays of Exeutions upon Judgments for Debt was upon a Motion of the Lord Treasurer appointed to be upon Thursday next at the little chamber neer the Parliament-presence before the House sit for that the Committees could not conveniently meet at the times formerly appointed for the same The Under-Sheriff of the County of Surrey that arrested William Hogan was brought into the House to answer for the same The Vnder-Sheriff sent to the Fleet for arresting Hogan and by Order of the House committed to the Prison of the Fleet. On Tuesday Nov. 24. to which day this Parliament had been last continued three Bills had each of them one reading of which the last being the Bill for the establishing of the remainder of certain Lands of Andrew Ketleby Esq upon Francis Ketleby was read secunda vice and committed unto the Earl of Worcester the Earl of Lincoln the Lord Bishop of Winchester the Lord Bishop of Worcester the Lord Cobham the Lord Chandois and the Lord Howard of Walden and the Bill was delivered to the said Lord Howard who with the rest were appointed to meet on Saturday next in the afternoon at the Chamber of the Parliament-presence This day the wife of Andrew Ketleby made her appearance in the House on the behalf of her husband and her self excusing his not coming by reason of his great age and infirmities and withal prayed their Counsel learned might be heard whereupon it was ordered That both their Counsel and the Counsel of Francis Ketleby should be heard upon Thursday next in the morning On Thursday Nov. 26. to which day the Parliament had been last continued one Bill being for the more peaceable government of the Parties of Cumberland Northumberland and Westmoreland and Bishoprick of Durham was read the second time and committed but in respect the manner of committing Bills all this Parliament was the same and that the Judges and her Majesties learned Counsel were appointed always to attend the Lords Committees and never made joynt Committees with them therefore the names of the said Committees are for the most part omitted as a thing not worth the observation It was ordered by the House upon the humble Petition of William Hone Under-Sheriff of the County of Surrey That he should be set at liberty out of the Fleet whither he had been committed for arresting one William Hogan her Majesties servant The Counsel learned of Andrew Ketleby Esq and Francis Ketleby were heard in the House and thereupon the Committees of the said Bill were appointed to meet on Saturday in the afternoon at the Chamber of Parliament-presence and the Lord Archbishop of Canterbury the Lord Grey and the Lord Windsor were added to the said Committees and the Lord Chief Justice of the Common-Pleas to attend them with the others formerly appointed And the Bill was delivered to the Lord Howard of Walden Dominus Custos Magnis Sigilli continuavit c. On Tuesday Decem. 1. Decemb. 1. two Bills had each of them one reading of which the second was the Bill for confirmation of the last Will and Testament of George Lord Cobham deceased On Wednesday Decemb. 2. three Bills had each of them one reading Bill to avoid
the putting thereof to the Question whether it should pass or no the Lady Fane yielded her consent to the passing of the same being thereunto perswaded by sundry of the Lords The Bill to avoid the double payment of Debts was read secunda vice The Lord Treasurer made Report That the Committees in the Bill concerning Letters-Patents c. could not proceed to any certain Conference with those that were sent from the House of Commons for that purpose in respect of some doubts that were conceived whether the Proviso offered to be annexed thereunto were necessary or no. And thereupon Mr. Atturney-General was required to deliver his Opinion on that behalf which being done by him accordingly to this effect That he thought the said Proviso needless and unnecessary and the Judges also concurring with him in that opinion nevertheless upon a Motion made by the Lord Bishop of London that the Counsel learned of the Earl of Shrewsbury and Mr. Holcroft whom the said Proviso did concern in particular might be heard in the House as they desired touching the same it was thought meet and agreeable to the honour and equity of the House that they should be so heard to which end their Counsel were appointed to give their attendance to morrow by eight in the morning And moreover for the better satisfaction of the House of Commons for the present Mr. Serjeant Yelverton Dr. Carewe and Dr. Stanhopp were sent unto them with this Message to signifie their Lordships desire to have proceeded to Conference with them this morning about the said Bill as was yesterday appointed and that the Lords were the more willing to give furtherance to the expediting of the said Bill in regard the same was especially recommended unto their Lordships from the said House but forasmuch as they found not themselves sufficiently prepared for this Conference by reason of some doubts that were not yet cleared unto them they desired the said Conference might be respited until Friday morning next at eight of the clock at the outward chamber neer the Parliament-presence unto which Motion the House of Commons willingly consented On Thursday Decemb. 10. the Bill for the establishing of the remainder of certain lands of Andrew Ketleby Esq upon Francis Ketleby was read tertia vice and sent to the House of Commons by Dr. Stanhopp and Dr. Hone. Two other Bills had each of them one reading of which the first being the Bill to avoid double payment of Debts was read tertia vice and expedited The Bill concerning Resumptions c. was this day delivered to the Lord Treasurer one of the Committees The Counsel learned as well on the behalf of the Earl of Shrewsbury as on the behalf of Thomas Holcrost Henry Candish and William Candish Esquires were heard at large in the House and thereupon Mr. Atturney was required to deliver again his Opinion concerning the said Provisoes offered on either part which being done accordingly in more ample and particular manner than he had done before and having also delivered his Resolution to sundry Questions propounded to him by divers of the Lords concerning the said Cause it was ordered as followeth Upon Debate in the House concerning several Provisoes offered by the Earl of Shrewsbury and Thomas Holcroft Henry Candish and William Candish Esquires to be annexed to the Bill entituled An Act for confirmation of Grants made unto the Queens Majesty and of Letters Patents made by her Highness to others it was at last agreed That the Lord Chief Justice of her Majesties Bench and the Lord Chief Justice of the Common-Pleas calling unto them the rest of the Judges and Mr. Atturney-General should draw some new Provisoes such as they should think indifferent for all parties and meet to be annexed to the said Bill and should present the same to the Lords to morrow in the morning before their Conference with the House of Commons concerning the said Bill The Lord Keeper signified unto their Lordships that he received command from her Majesty to let them understand her pleasure to be that the Parliament should end on Thursday the 17. or Friday the 18. of this instant Decem. at the furthest to the end that their Lordships may repair home to their Countries against Christmas and therefore she required them to employ and spend that time that remaineth in matters concerning the Publick and not in private causes Memorandum The Commons desire a Conference with the Lords about a Bill preferred in the Star-chamber against a Member of their House Quod dicto decimo Decembris those of the House of Commons that were appointed to confer with some of the Lords upon the Message lately sent from the said House signifying their desire of Conference for some matters touching the honour of both Houses did make known to the Lords the Committees nominated for that purpose That the occasion of such their Message was for that as they were informed Mr. Atturney-General had preferred a Bill into the Star-chamber against one Belgrave a Member of the House of Commons for and concerning some matter of Misdemeanour pretended to be done towards the Earl of Huntington a Lord of the Upper House and therefore they desired this mutual Conference letting their Lordships understand That to the preferring of the said Bill they conceived just exceptions might be taken by them for two respects first that Belgrave being a Member of the House of Commons was thereby vexed and molested during his service in time of Parliament contrary to the honour and priviledge of the House saying that no Member of that House ought by any such means in time of his service to be distracted either in body or minde The other because in the said Bill They reflect on the Att. Gen. for preferring the said Bill because he had formerly been their Speaker and so ought to be tender of their Priviledge and Honour preferred by Mr. Atturney-General who had been heretofore Speaker of that House and therefore as they thought ought to have more regard to the honour and liberty of the same Certain words and clauses were inserted which were taken to be prejudicial and derogatory to the honour of the said House And therefore they desired that the Lords would peruse and consider of the said Bill Whereupon the said Bill being offered to be read and forasmuch as it appeared that it was not an authentical Bill testified by the hand of the Clerk of the Star-chamber as it had been meet the Lords thought it not fit though otherwise they were willing to have it read nor agreeable to the proceedings of such a Court that the said Bill or Scroul shall be received to reading And therefore with a Message to that effect were pleased to send it down again to the House of Commons by Mr. Serjeant Yelverton and Dr. Hone who finding the House risen before they came brought the said Bill back again On Friday Decemb. 11. the Bill concerning Gaptains Souldiers and other in the Queens
service in the Wars was returned to the House by the Lord Steward with certain Amendments and a Proviso thought meet by the Committees which Amendments and Proviso were presently twice read and thereupon the Bill commanded to be ingrossed The Bill for the maintenance of the Navy increase of Mariners c. was returned to the House by the Lord Treasurer the first of the Committees with certain Amendments which Amendments were presently twice read Four Bills were brought up to the Lords from the House of Commons of which the two last were one for assurance of the Parsonage and Vicarage of Rotherston in the County of Chester and a Scholars Room in the Cathedral-church of Christ in Oxford of the foundation of King Hen. 8. by the Dean and Chapter of the said Cathedral-church to Thomas Venables Esq and his Heirs for ever and the other for the augmentation of the Joynture of Rachel Wife of Edward Nevil in the County of Kent Esquire both which Bills were read prima vice On Saturday Decemb. 12. eight Bills were brought up to the Lords from the House of Commons by Mr. Secretary Cecil Mr. Secretary Herbert and others which were each of them read prima vice of which the first was for reformation of abuses in Sheriffs and other their inferiour Officers for not duely executing Writs of Proclamation upon Exigents according to the Stat. 31 Reginae and the second was for prohibiting Fairs and Markets to be holden on the Sunday Bill to prevent holding Fairs and Markets on Sundays Subsidy-bill Two Bills also had each of them one reading of which the the first being the Bill for the grant of four entire Subsidies and eight Fifteenths and Teuths granted by the Temporalty was read prima vice The Lords and those of the House of Commons not having time yesterday to conclude their Conference about the Bill concerning Letters-Patents and Conveyances c. another meeting was appointed for them this morning Mr. Atturney-General and Dr. Carewe were therefore sent unto them to let them know that their Lordships were ready presently to meet Upon which Message the House of Commons returned answer That they would make their repair to their Lordships forthwith for that purpose The Bill for the perfecting of the Joynture of the Lady Bridget Countess of Sussex Wife of Robert Earl of Sussex was read secunda vice The Bill concerning the Joynture of the Countess of Bedford was returned to the House by the Earl of Worcester the first of the Committees with a Proviso and certain Amendments thought sit to be added together with a Petition of the Lady Russel against the said Bill The Lords that were appointed Committees for the Bill touching Letters-Patents c. went forth to the outward chamber to have conference with those of the House of Commons appointed Committees for the same Bill but nothing concluded touching the Amendments because the said Committees had no power to conclude and therefore after long debate the Bill was brought back to the House and the relation thereof referred to be made by Mr. Atturney and the same deferred till the afternoon sitting by reason the day was spent Dominus Custos Magni Sigilli continuavit praesens Parliament usque ad horam tertiam post meridiem hujus diei About which hour the Lord Keeper and divers Lords having assembled themselves five Bills had each of them one reading of which the first concerning the draining and recovery from water of certain over-flown Grounds in the County of Norfolk the second for reformation of abuses committed in buying and selling of Spices and other Merchandizes and the third to prevent Perjury and subornation of Perjury and unnecessary expences in Suits of Law were each of them read secunda vice The Proviso that was presented to be added to the Bill for the maintenance of the Navy and increase of Mariners c. was read tertia vice and sent to the House of Commons together with the Bill concerning Captains Souldiers c. by Dr. Carewe and Dr. Stanhopp The Amendments and Proviso in the Bill concerning the Countess of Bedford's Joynture were twice read and likewise the Lady Russel's Petition was read whereupon it was appointed that the Proviso should be ingrossed in Parchment and the Amendments in Paper The Committees in the Bill for the observation of Rules in the Exchequer were appointed to meet forthwith in the little chamber neer the Parliament-presence to consider of a Proviso drawn by the Lord Chief Justice and the rest of the Judges by direction of the Committees which Proviso having been considered of accordingly was brought into the House and presently twice read and thereupon the said Proviso was commanded to be ingrossed On Munday Decemb. 14. to which day the Parliament was last continued the Bill for the better observation of certain Orders in the Exchequer set down and established by vertue of her Majesties Privy-Seal was read tertia vice and the Proviso thought fit by the Committees to be added was also read the third time The Bill for assurance of certain Mannors and Lands for part of a Joynture to Lucy Countess of Bedford and the Provisoes and Amendments presented by the Committees to be added to the Bill were also read the third time both which Bills were sent to the House of Commons for their consideration of the several Provisoes and Amendments by Dr. Swale and the Clerk of the Crown Four Bills more had each of them one reading of which the last being the Bill for the grant of four entire Subsidies and eight Fifteenths and Tenths granted by the Temporalty was read secunda vice Two Bills more were also brought up to the Lords from the House of Commons of which the second being the Bill for the confirmation of the Charter of Edw. 6. of the three Hospitals of Christ Bridewel and St. Thomas the Apostle to the Mayor Commonalty and Citizens of London was read prima vice The Bill to confirm the assurance of the Mannors or Farms of Sagebury alias Sadgbury and Obden and other Hereditaments to Samuel Sandis Esq and John Harris Gent. and their Heirs and the Bill for the Amendment of certain imperfections of a Statute made 8 Reginae concerning the true making of Hats were each of them read secunda vice The Paper or Scroul concerning Belgrave was this day returned from the House of Commons subscribed by the Clerk of the Council in the Star-chamber and excuse made by them for not sending the same at the first Dominus Custos Magni Sigilli continuavit praesens Parliament usque ad horam secundam post meridiem hujus instantis diei About which hour the Lord Keeper and divers Lords assembling six Bills had each of them one reading of which the third being the Bill for augmentation of the Joynture of Rachel Wife of Edward Nevil of Berling in the County of Kent was read secunda vice The Bill concerning the erecting of a Harbour and Key in the north part of
Devon Bill to erect a Harbour and Key c. was returned to the House by the Lord Steward with one Amendment which was presently twice read The Bill for prohibiting Fairs and Markets to be kept on the Sunday was read secunday vice and committed Upon the Motion of the Earl of Worcester it was ordered by the House That William Crayford prisoner in the Fleet should come to make his humble submission before the Lords in the said House to morrow by nine of the clock in the morning The Counsel as well of the Company of Plaisterers as Painters were appointed to be heard in this House to morrow in the afternoon On Tuesday Decemb. 15. three Bills had each of them one reading of which the second being for the erecting and making of a Harbour and Key on the north part of Devon in the River of Severn for the safeguard of men and shipping and for the publick good of the Common-wealth was read tertia vice and sent down to the House of Commons for their consideration of an Amendment sent down by Dr. Stanhopp Dr. Swale and Dr. Hone. The Bill for the grant of four entire Subsidies eight Fifteenths and Tenths granted by the Temporalty was read tertia vice and expedited The Bill for naturalizing certain persons born beyond the Seas was read secunda vice The Bill for confirmation of the Subsidy of the Clergy Subsidy of the Clergy confirmed was read prima secunda tertia vice Memorandum That at the second and third reading of the said Subsidy-bill the body of the Grant was omitted to be read according to the accustomed manner and onely the preface and confirmation of the Grant were read and the Bill was sent to the House of Commons by Mr. Serjeant Yelverton Dr. Stanhopp and Dr. Hone. Upon the humble Petition of William Crayford lately committed to the Prison of the Fleet and upon his humble submission and acknowledgment of his offence he was by order of the Court set at liberty Vide concerning this matter on Decemb. 19. following Dominus Custos Magni Sigilli continuavit praesens Parliamentum usque ad horam secundam post meridiem hujus diei About which time the Lord Keeper and divers other Lords assembling the Bill for naturalizing certain persons born beyond the Seas was read tertia vice and expedited Eight Bills were brought up to the House of Lords from the House of Commons of which the first being the Bill for continuance of divers Statutes and for repeal of some others and the second being against the transportation of Ordnance Bill against the transportation of Guns c. Guns Metal Iron-Ore and Iron-shot were each of them read prima vice On Wednesday Decemb. 16. the Bill for the re-edifying repairing and maintaining of two bridges on the River of Edon neer the City of Carlisle in the County of Cumberland was read prima secunda vice Seven other Bills had each of them one reading of which the fourth being the Bill for continuance of divers Statutes and for the repeal of some others and the fifth to redress the misemployment of lands goods and stocks of money heretofore given to charitable uses were each of them read secunda vice Eight Bills were brought up to the Lords from the House of Commons by Mr. Secretary Cecil Sir Walter Rawleigh and others of which the first being the Bill for the ending and appeasing of all differences and debates between Francis Ketleby of the one part and Andrew Ketleby and Jane his Wife of the other part and the second being for the recovery of many thousand acres of marish grounds subject commonly to surrounding with water within the Isle of Ely and Counties of Cambridge and Suffolk Huntington Northampton Lincoln and Norfolk were each of them read prima vice As also the fifth being the Bill for the necessary relief of Souldiers and Mariners was read prima vice A Message was delivered from the House of Commons by Mr. Controuler and others That the said House was not satisfied concerning the Proviso added by the Lords to the Bill entituled An Act for the better observation of certain Orders in the Exchequer and therefore desired a Conference with some of their Lordships about the same The Conference was yielded unto and appointed to be this afternoon at the outward chamber The Bill entituled An Act for the reformation of Deceits of certain Auditors c. was returned to the House with certain Amendments the Bill with the same Amendments was forthwith twice read and ordered to be ingrossed Upon Conference with the House of Commons concerning the Bill for confirmation of Grants made to the Queens Majesty c. it was agreed by the Committees of both Houses That certain Amendments and Provisoes should be added to the said Bill which were returned to the House and presently twice read and so commanded to be ingrossed And thereupon the Bill it self with the said Amendments and Provisoes were read the third time and sent to the House of Commons for their Consideration of the same by Mr. Atturney-General and Dr. Stanhopp Dominus Custos Magni Sigilli continuavit praesens Parliamentum usque ad horam secundam post meridiem hujus diei About which time the Lord Keeper and divers other Lords assembling together eleven Bills had each of them one reading of which the fifth being the Bill for the recovery of many thousand acres of marish grounds subject commonly to surrounding within the Isle of Ely c. the sixth being for redress of certain abuses and deceits used in painting Bill about ensurance amongst Merchants the seventh concerning matters of assurance amongst Merchants and the eighth being for the assize of Fewel were each of them read secunda vice Upon the meeting this afternoon with those of the House of Commons appointed to confer with the Lords Committees in the Bill entituled An Act for the better observation of certain Orders in the Exchequer c. concerning a Proviso added by the Lords to that Bill after some debate by the Committees on both parts thereupon they of the House of Commons did signifie That the said House would allow of the said Proviso so as the same might in some certain points be amended Whereupon question grew between them Whether the said Amendment of the said Proviso should be made in the Upper House upon notice given thereof by the Committees and so be sent down again or else be made in the House of Commons which doubt being reported by the Lords Committees by order and appointment of the House it was agreed by common consent That the Amendments should be made in the House of Commons and sent up in Paper and to be inserted in the body of the Proviso which Order was by the Lords Committees signified to the Committees of the House of Commons and they thereunto assented Whereas it hath been accustomed in former Parliaments that towards the end of the Parliament a Collection should be
made amongst the Lords for the Poor and it was this day moved by the Lord Archbishop of Canterbury that the like Collection might be made at this time it was upon this Motion ordered by the House That there should now be such a Collection made and that the Lord Bishop of Chichester the Lord Bishop of Peterborough the Lord Zouche and the Lord Rich should be Collectors of the same after such Rates as have been usually given and bestowed by the Lords for the said charitable purpose as in former Parliaments and they to take order for the distribution of it On Thursday Decemb. 17. the Bill for the relief of the Poor was read secunda vice It was ordered That Edward Thomas of the Middle-Temple should be presently sent for and brought before the Lords in the House for that contrary to the Priviledge of the House he hath caused one Thomas Gerrard Gent. to be arrested And it was likewise ordered That such persons as made the Arrest or did assist in doing the same shall likewise be sent for by the Serjeant at Arms to answer their doings therein The Bill for the necessary relief of Souldiers and Mariners was read secunda vice Two Bills were brought up to the Lords from the House of Commons of which the first being the Bill for assurance of certain Mannors and Lands for part of a Joynture to Lucy Countess of Bedford was expedited Two other Bills had also each of them one reading of which the second being the Bill for reformation of deceits and frauds in certain Auditors and their Clerks in making deceitful and untrue Particulars was read tertia vice and sent to the House of Commons by Dr. Carewe and Dr. Hone. The Bill was brought back from the House of Commons entituled An An for confirmation of Grants made to the Queens Majesty and of Letters-Patents made by her Highness to others and expedited The Bill for confirmation of the Subsidy granted by the Clergy was returned from the House of Commons and was expedited The Bill concerning the Assize of Fewel was read tertia vice and expedited Dominus Custos Magni Sigilli continuavit praesens Parliament usque ad horam secundam post meridiem instantis diei About which hour the Lord Keeper and divers other Lords assembling five Bills had each of them one reading of which the second being the Bill for strengthening of the Grants made for the maintenance and government of the house of the Poor called St. Bartholomew's Hospital of the foundation of King Hen. 8. was read secunda vice The Bill for recovery of many hundred thousand acres of Marshes and other Grounds subject commonly to surrounding within the Isle of Ely and Counties of Cambridge Huntington c. was read tertia vice and expedited Upon the third reading of this Bill it was moved that certain Additions might be put in the title of the Bill and Amendments in some points in the body thereof and the Lord Chief Justice and Mr. Atturney-General were required to draw the same which was done presently by them and presented to the House Whereupon the said Additions and Amendments were thrice read and then sent to the House of Commons for their consideration of the same by Mr. Atturney and Dr. Hone who returned presently from the House of Commons with their allowance of the said Amendments and Addition in the title of the Counties of Sussex Essex Kent and the County Palatine of Durham Three other Bills had also each of them one reading of which the last being the Bill to make the Lands Tenements and Hereditaments of Edward Lucas Gent. deceased Executor of the last Will and Testament of John Flowerdew Esq deceased liable c. was read secunda vice Conference was desired by the House of Commons with some of their Lordships about the Bill sent to them this day concerning the reformation of deceits and frauds of certain Auditors c. The Conference was yielded unto and appointed to be presently at the outward chamber neer the Parliament-presence On Friday Decemb. 18. four Bills had each of them one reading of which the last being the Bill for her Majesties most gracious general and free Pardon was read prima vice and sent to the House of Commons by Mr. Atturney-General and Dr. Stanhopp Memorandum That whereas a Bill hath been presented to the High Court of Parliament by the Company of the Mystery or Trade of Painters making thereby complaint against the Company of Plaisterers for and concerning certain wrongs pretended to be done to the said Painters by the Company of Plaisterers in using some part of their Trade of Painting contrary to the right of their Charter as is pretended and humbly seeking by the said Bill reformation of the said wrong Order of the House about the dispute between Painters and Plaisterers And whereas the said Bill passed not the Upper House of Parliament for just and good reasons moving the Lords of the Higher House to the contrary yet nevertheless the said Lords of the said Upper House have thought it meet and convenient that some course may be taken for reformation of any such wrong as may be found truly complained of and fit to be remedied and for setting some good agreement and order for the said Painters and Plaisterers so as each sort of them might exercise their Trade conveniently without incroaching one upon the other It is therefore ordered by the said Court of the Upper House of Parliament That the said complaint and cause of the said Painters which proceeded not in Parliament shall be referred to the Lord Mayor of London and the Recorder of London to be heard and examined adjudged and ordered as in Justice and Equity shall be found meet And that at the time or times of hearing of the said Cause the Lord Chief Justice of England the Lord Chief Justice of the Common-Pleas Mr. Justice Gawdy and Mr. Baron Clarke and Mr. Atturney-General or any four three or two of them shall assist and give their help for the making and establishing of some good Order and Agreement between the said two Companies And that the said Parties Complainants and also the Company of Plaisterers shall observe and keep such Order as the said Mayor the Lord Chief Justice of England the Lord Chief Justice of the Common-Pleas Mr. Justice Gawdy Mr. Baron Clarke Mr. Atturney General and Mr. Recorder of London or any six five four or three of them whereof the Lord Mayor the Lord Chief Justice of England or Lord Chief Justice of the Common-Pleas shall be two shall be set down and prescribed Memorandum That whereas William Crayford of Mongham in the County of Kent Gent. was this day brought before the Lords in the Upper House of Parliament to answer an Information made against him That he had procured and suborned his Son William Crayford to lay sundry Executions and Outlawries on William Vaughan Gent. servant to the Earl of Shrewsbury contrary to the Priviledge of the
Court and the said Crayford having been heard in the presence of William Vaughan what he could say concerning the said Information wherein he protested that he was guiltless and that his said Son had not in any sort received such direction from him as was informed It was therefore by the Court thought meet and so ordered That the examination and determining of the Controversies and Suits depending between the said Crayford and Vaughan should be referred to the Earl of Worcester the Lord Bishop of London and the Lord Cobham and that they the said Crayford and Vaughan should enter into good and sufficient Bonds each to other to stand to observe and perform such Award and Arbitrament as the said Lords shall make and set down between them On Saturday Decemb. 19. a Motion was made in the House for the avoiding of all further Controversies between William Crayford and William Vaughan Gent. That forasmuch as each of them took mutual exceptions one to the other touching the Bonds whereinto they had entered by order of the Court the said William Crayford alleadging that it sufficed not for William Vaughan alone to be bound because his Heirs or some other claiming by and from him might trouble and molest him and that the said Vaughan is insufficient And the said William Vaughan alleadging that if the said William Crayford were bound alone his Sons and Heirs might trouble and molest the said Vaughan without hazard of the Bond some further order might thereupon be taken It is therefore this day ordered by the Court That the said William Crayford and his eldest Son Edward Crayford shall enter into sufficient Bond unto the said William Vaughan without hazard of the Bond for themselves and their Heirs that they and every of them shall stand to the Award of the Earl of Worcester the Lord Bishop of London and the Lord Cobham or any two of them And that also the said William Vaughan shall enter into the like Bond with a sufficient Surety for himself and his Heirs to stand to the said Award of the Lords before-mentioned or any two of them so as the said Award be made before the Feast of Easter next following And moreover it is ordered by the Court That if they or either of them shall refuse to enter into Bond according to the said Order that the Lord Keeper notwithstanding the ending of the Parliament and though it be after the same shall commit them or either of them to close Prison for refusing there to remain until the party refusing be conformable to the said Order Dominus Custos Magni Sigilli continuavit praesens Parliamentum usque ad horam secundam post meridiem hujus instantis diei About which hour in the afternoon The Qu. comes to the House the Queens Majesty was personally present being accompanied with the Lord Archbishop of Canterbury Sir Thomas Egerton Kt. Lord Keeper of the great Seal the Lord Buckhurst Lord Treasurer of England and with divers other Lords Spiritual and Temporal but what was there done is not mentioned in the Original Journal-book of the Upper House and therefore is supplied out of a very laborious and copious Journal of the House of Commons taken by Hayward Townsend Esq a Member thereof at this Parliament Her Majesty with divers Lords Spiritual and Temporal being set in the Upper House in their Parliament-Robes between two and three of the clock this afternoon the Knights Citizens and Burgesses of the House of Commons had notice thereof and thereupon repaired thither with John Crooke Esq their Speaker who being placed at the Rail or Bar at the lower end of the said Upper House after he had made three Reverences to her Majesty sitting under a rich Cloath of Estate spake to the effect following THat Laws were not first made with humane Pen The Speaker's Speech but by divine Ordinance that Politick Laws were made according to the evil condition of men and that all Laws serves not at all times no more than one Medicine for all Diseases and said if he were asked what was the first and chiefest thing to be considered of he would say Religion for Religion is all in all for Religion breeds Devotion Devotion breeds Zeal and Piety to God which breedeth Obedience and Duty to the Prince and Obedience to the Laws breedeth Faithfulness Honesty and Love the three necessary and onely things to be wished and observed in a well-govern'd Commonwealth And that her Majesty by planting true Religion had laid such a foundation upon which all those Vertues were planted and builded that they could not easily be rooted up or extirpated and therefore acknowledged that we ought and do acknowledge that we will praise God and her Majesty for it And then he descended to speak of Governments and Laws of Nations amongst which principally and above all he preferr'd the Laws of this Land which he said were so many and so wise that there was almost no offence but was met with in a Law notwithstanding her Majesty being desirous for the good of her Land to call a Parliament for redress of some Laws and for making of new Her dutiful and loyal Subjects having considered of them have made some new and amended some old which they humbly desire may be made Laws by her Royal Assent which giveth life unto them And so after thanks given for the Pardon by which we dread your Justice and admire your Mercy and a Prayer unto her Majesty That she would accept as the testimony of our Loves and Duties offered unto her with a free heart and willing spirit four entire Subsidies and eight Fifteenths and Tenths to be collected of our Lands and Livelihoods in speaking whereof he mistook and said Four entire Fifteenths and eight Subsidies which he was advised of by some of the Counsel that stood neer unto him and so he spake it right and craving pardon for his offence if either he had forgotten himself either in word or action he ended his Speech The L. Keeper returns the Queens Answer To which the Lord Keeper answered thus in effect AS touching her Majesties proceeding in the Laws for her Royal Assent that should be as God directed her sacred spirit Secondly For your presentation of four Subsidies and eight Fifteens and Tenths And thirdly Your humble thank-fulness for them and your self I will deliver her Majesties Commandment with what brevity I may that I be not tedious to my most gracious Soveraign First She saith your proceeding in the matter of her Prerogative she is perswaded that Subjects did never more dutifully do it and that she understood you did but obiter touch her Prerogative and no otherwise but by humble Petition and therefore the thanks that a Prince may give to her Subjects she willingly yieldeth But she now well perceiveth that private respects are privately masked under publick pretences Secondly Touching the presentation of your Subsidies she specially regardeth two things both the persons and
preserve us Bless our Consultations and Councels bless the Thoughts of our Hearts bless the Words of our Lips let our Meditations be acceptable in thy sight Let all be directed to the advancement of thy Glory the upholding of thy true Worship the safely of thy blessed Servant and Anointed Queen our dear and dread Soveraign and to the continuance of the Peace and good of this Land Let all prosper that love Thee confound the Councel of the Wicked break their Jaws in their Mouths that speak against thy Truth or have evil will against Her whom in thy great Mercy thou hast set over us multiply and increase her days add age after age in all peace and happiness unto her Years make her a long Nursing Mother unto thy Church a Comfort to thy People a Terror to thine and her Enemies Bless her Armies both at home and abroad bless her going out and her coming in bow down the Backs of all that rise against her continue thy Truth Grace Mercy and Peace amongst us whilst the Sun indureth And we will Offer unto Thee O Lord our God the Sacrifice of Prayer and Thanksgiving we will Praise Thee with joyful Lips our Hearts shall rejoyce in Thee we will sing of thy Salvation all the Days of our Lives and always say Thine is the Kingdom all Power and Glory for ever and ever Amen Munday November A Bill against Ale-Houses c. 2d The House sate and an Act was Read against Excess in Inns Victualling-Houses and Ale-Houses By the preclose of which every Ale-House-Keeper or Inn-Keeper was required to Observe certain Rules or to Forfeit sive Pound An Act for the Breeding of Horses for Service A Bill for breeding of Horses c. and for the avoiding of the stealing of them was put in by the Lord Chief Justice Popham Sir Edward Hobby Sir Edw. Hobby's Speech for Abridgment of Laws Penall made a Speech for the Abridging of the multiplicity of Penal Laws which he said Were the Thornes that did prick but did yield no Fruit and that they being not looked unto it bred in us an alteration of Manners and therefore the Proverb must needs be fulfilled Morum mutatio mutationem legum requirit times are not as they have been and therefore the necessity of the times requires a necessity of the Alteration of Laws and commending the proceedings of former Ages he concluded with a desire of a Commitment Which speech Seconded by Mr. Serjeant Harris was seconded by Mr. Serjeant Harris who said That Anno 27. of the Queen the like motion had been made and that then by reason of the shortness of the time and sudden ending of the Parliament nothing was done therein notwithstanding he said this motion being now so happily made in the beginning of the Parliament he thought it fit for his part to deserve a Commitment He was Seconded again Then by Mr. Wiseman by Mr. Wiseman of Lincolns-Inn who was of the same mind and said That divers particular Laws of his knowledge were now both needless to be performed as also dangerous to the Subjects by reason of the Penalties So a Commitment was granted divers Committees assigned and Fryday in the Afternoon at two of the Clock in the Exchequer-Chamber appointed for that Purpose The Act was Read for Explanation of Statutes for Leases made by Arch-Bishops and Bishops Mr. Speaker shewed to the House That some particular Members found themselves aggrieved That the antient Order for Putting off their Spur before they came into the Parliament-House was not observed which he prayed might be done others would have Boots and Rapiers taken away but nothing was done therein Tuesday November 3. The Act to preserve the Breed of Horses and against the Stealing of them was Read And a motion was made therein by Sir George Moore who said That he feared the Bill would not pass in that two Vouchers by this Bill must be where by a former Statute there is to be but one and that very hardly observed And besides the Law may be defrauded because a poor Man must sell a Horse and so be voucher after and then not able to answer the value So the Bill was Committed and the Committees appointed to meet in the Exchequer-Chamber to Morrow in the Afternoon The Act to restrain the Excess and Abuse used in Victualling-Houses Mr. Johnson moves for Corporal punishment against the Alehouse-Keepers and Mr. Johnson moved that bodily punishment might be inflicted on Alehouse-Keepers that should be offenders and also Provision made therein to restrain Resort to Alehouses In the same Bill Sir George Moore made a Speech against Drunkenness and desired some special Provision might be made against it For although there were Laws already against it yet they did not reach grievous enough to the offence in that kind now Committed And therefore we must not be like Spiders that always keep their old and the same Webs so allowing the same Laws which must alter with the times and touching the Authority that is given to the Justices of Assize and Justices of the Peace by this Bill That they shall assign Inns and Inn-Keepers I think that inconvenient for an Inn is a Mans Inheritance and they are set at great rates and therefore not to be taken away from any particular Man Another wish'd that there might be a reformation of Ale which is now made so strong that he offered to affirm it upon Oath that it is commonly sold for a Groat a Quart It is as strong as Wine and will Burn like Sack Mr. Glascock of Grays-Inn moved to the House and said Glascock against the suppressing of Alehouses for very good Reasons Mr. Speaker I will only liken this Bill to the Suppression of Stews and Bawdy-Houses in old time That where then all Whores and Bawds were together in one House now being suppressed every Mans House is a Bawdy-House so if you take away Alehouses and hinder them from being Drunk there it will be a ready way to make every Man Drunk at his own House at home Mr. Leigh stood up and moved Mr. Speaker that some of the House were desirous to know what the Lord Keepers Speech was Mr. Leigh 〈◊〉 to 〈◊〉 the Lord Keepers Speech 〈◊〉 in the upper-Upper-House of Parliament when the Burgesses were kept out And also he complained of a Gentleman Usher that said through the Door of the Upper-House That if they were not quiet they should be set in the Stocks To which Mr. Controuler made answer That he would intreat Mr. Secretary Cicil who was there in regard he had promised to procure them the understanding of the Lord Keepers Speech to deliver the Effect thereof And also he desired the House that for any word spoken to any particular Member of this House by the Usher he would undertake particular satisfaction should be made So after a pause a while Mr. Secretary stood up and spake to to this Effect Secretary Cicil
Speaks I am sorry and very loath to break a Resolution that I had taken which is for some respects to have been Silent or very sparing of Speech all this Parliament but your Commandments are to me a Law And I will be always ready to pleasure any particular Member of this House in this or the like Design My memory is frail and I know my self unable to Deliver Articulately the Grave Learned Speech of that Wise and Worthy Counsellor who first spake it For hard it is to tell a Wisemans tale after him and therefore to particularize I must plead my Excuse Seeing men of the best Sufficiency may forget when ordinary Capacities may Remember my mind was not then fit for Attention when I had some cause of Distraction He used perswasions of Thankfulness and Obedience as also shewed her Majesties Desire of a Dissolution of this Parliament before Christmass He shewed unto us the Necessity we stand in and the means to prevent it The necessity he said is the Wars between Spain and England the means to prevent it Treasure His Advise was that Laws in force might be Revisited and Explained and no new Laws made The Cause of the War he laid down to be That they were Enemies to God the Queen and the Peace of this Kingdom That they Conspired to overthrow Religion and to Reduce us to a Tyrannical Servitude These two Enemies he Named to be the Bishop of Rome and the King of Spain Our Estate being thus He Summon'd us to be Provident and Confident Provident by reason we deal with a provident Enemy and Confident because God hath ever and I hope ever will Blesse the Queen with Successeful Portune He shewed how Apparent his Providence was for by Experience and Judgment You know his Torturing he giveth and the Means and Courses he taketh for our Destruction And Secondly the Success we have had against him by Gods strong-Arm of Defence in 1588. and diverse times since You see to what Effect the Queens Support of the French Kings Estate hath brought him unto even made him one of the greatest Princes in Europe Yet when her Majesties Forces there left him how again he was fain to Ransome a Servile Peace at our Enemy the Spaniards Hand with Dishonourable and Servile Conditions For the Low-Countries how by Her Aid she hath from a Confused Government and Estate brought them to an Unity of Council and defended them with such Successe in her Attempts against the greatest Power of the Spaniards Tyrannical designs Which hath so much Gauled him that how many desperate Practises have been both Devised Consented unto and set on Foot by Commandment of the late King his Father I need not now shew you nor trouble you with Arguments for Proof thereof being Confessed by them that should have been Actors themselves of those bloody Designs but De mortuus nil nisi bonum I would be loath to speak of the Dead much more to slander the Dead I have seen her Majesty wear at her Girdle the Price of her Blood I mean Jewels which have been given to her Physitians to have done that unto her which I hope God will ever keep from her but she hath worn them rather in Tryumph than for the Price which hath not been greatly valuable Then he fell to perswade us because new Occasions were Offe'rd of Consultations to be Provident in Provision of means for our own Defence and Safety seeing the King of Spain means to make England miserable with beginning with Ireland neither doth he begin with the Rebells but even with the Territories of the Queen her self He shewed that Treasure must be our means for Treasure is the sinews of War Thus much that Honourable Person said from whom I protest I would diminish nothing that should be spoken of if I could Remember more or deliver it better And I had rather wrong my self than wrong him For my own Advise touching the particular Councils of this House I wish Cicil now gives his own advice that we would not trouble our selves with any Fantastick Speeches or idle Bills but rather with such as be for the general good both light in Conception and facile in Execution Now seeing it hath pleased you all with patience hitherto to hear me If with your Favor I may particularize and shew the Grounds of the former Speech touching the State of Ireland I shall be very glad both for my own Discharge and your Satisfaction The King of Spain having quit himself of France by a base and servile Peace forgetteth not to follow the Objects of his Fathers Ambition England and the Low-Countries he hath made diverse Overtures of Peace to which if they might be both Honorable and for the publick good I hold him neither a Wise nor an Honest man that would Impugne them He hath put an Army into Ireland the Number Four Thousand under the Conduct of a valiant expert and hardy Captain who Chooseth rather than to return to his own Country without any Famous Enterprise to live and die in this Service These Four Thousand are three parts of them natural Spaniards and of his best expert Soldiers except them of the Low-Countries those he would not spare because of his Enterprise of Ostend and how dangerous the loss of that Town would be to this Land I think there is no man of Experience but can Witness with me that he would easily be Master of that Coast and that the Trade between England and the Low-Countries were quite Dissolved yea he would be so dangerous a Neighbor to us that we which are Tenants at Discretion are likely shortly to be Tenants by his Courtesie when he is our Neighbor of the Low-Countries what Neighbor hath Spain to whom he shall not be a trouble I will shew you further what besides this he hath done and how Eagle-eyed he is still over us To resist the Turks Attempt he hath sent Ten Thousand Men. To the Low-Countries he hath sent Nine Thousand In an Enterprise of his own against the Turks he hath sent which being dispatched those Souldiers shall return against the next Spring and second these Four Thousand now in the Enterprize for Ireland To resist these Attempts in Being and the ensuing provisions against us Let us consider the certainty of our Estate in Ireland We have there an Army and nothing but an Army fed even out of England with what Charge it brings to the Queen what Trouble to the Subject what danger it is to them there left if the Provision should fail What hurt to the Common-wealth by making things at an higher Rate than otherwise they would be I refer it to your Wisdoms to imagine Over this I assure you It is beyond all President and Conjecture his Pretence and Cause of War there is to desend the Catholick Cause I mean to Tear her Majesties Subjects from her for I may say she hath no Catholick Obedient Subjects there because she standeth Excommunicated
at this present by force of two Bulls of this Popes by which her Subjects are Absolved of their Obedience That you do only Remember you do it pro aris focis yea we do it for a Prince that desireth not to draw any thing extraordinary out of the Coffers of her Subjects She selleth her Land to Defend us she Supporteth all her Neighbor-Princes to gain their Amity and Establish our long Peace not these five or seven or ten Years but Forty-three Years for all our Prosperities I hope I shall not see her Funeral upon which may be Written Hic Solum restat victrix Orientis and I pray God I may not what we freely give unto Her she living bestows it to our Good dying doubtless will leave it for our Profit Thus have I out of my own Genius for my own part delivered unto you what I know And touching that I have spoken in performing your Commandment I will take no thank from you for my Pains For no man cares with less Affection to speak in this Assembly or desireth to gratify any particular Member of this House more than my self The Bill for Ale was denied to be Committed and not put to the question whether it should be Ingrossed Yea or No. But some Doubt made thereof but as it seemeth if the Committing be denyed it useth not to be Ingrossed because the House will not lightly pass it Sir George Moore moved that where the Lord Keepers Oration was that the greatest matters should be handled in the beginning of the Parliament that a Committee might be Chosen to Certifie the House what those matters were That Order might be taken accordingly which Committee was appointed to meet in the House on Saturday in the afternoon Mr. Secretary Cecil said openly Sir Rob. Wroth offers 100. l. per Annum towards the Wars that Sir Robert Wroth had offered One Hundred Pounds per Ann. towards the maintenance of the Wars On Wednesday Novemb. 4. A Bill was Read for Punishment of the Abusing and Profaning of the Sabbath-Day which after the second Reading was committed and the Committee appointed to meet at two of the Clock in the afternoon in the middle-Temple-Hall Mr. Serjant Harris moved the House That in respect great danger and inconvenience might grow by the want of any one particular Member of this House therefore he thought good to Certifie the want of a Knight for Rutlandshire for he said That Sir Andrew Noell being the Sheriff of the County had return'd himself jointly with Sir John Harrington to be Knights A Motion about a Void Election the Sheriff Returning himself which he took in Law to be a void Return because it is against the express Words of the Writ which are Ita quod neque tu neque aliquis alius Vicecomes alterius Comitatus eligatur c. Which he thought good to move the House in referring it to their Considerations and prayed that the Record may be sent for from the Clerk of the Crown For said he we know in Law that a Man cannot make an Indenture to himself No more can he here between Himself and the County for there are required Two Persons To which Sir Edward Hobby replyed That notwithstanding this Sir Edw. Hobby Replies quotes Precedents the House might well Receive him And he vouched a Precedent in the Twenty-Fifth or Twenty-First of this Queen when a Writ was directed to the Bayliffs of Southwark to return Burgesses and they returned Themselves and were Received But if we do not Receive him another Question will grow Whether a new Warrant must go from the Speaker to Elect a new Knight or from the Clerk of the Crown To which it was agreed per omnes It must go from the Speaker Then Mr. Wiseman of Lincolns-Inn stood up Mr. Wiseman Opposes him and shewed the Necessity of having all our Members because otherwise the Body is but maimed And also how dangerous a Precedent this would be if it might pass with the Applause of the House And lastly the Reason of putting in the afore-said special Words in the Writ because it must be necessarily intended that they being so great Officers having so great a Charge and their Presence in their Counties so requisite should not be returned Besides for that time they be the Chief Men of the Shire Free-Holders peradventure would rather Choose them than Men far more sufficient for that Place Mr. Cary moved Mr. Cary's Motion Whether it were with his Will he should be punished by Fine or otherwise Sir John Harrington said Sir John Harrington excuses the Sheriff Of his own Knowledge he knew him very unwilling But the Free-holders made Answer They would have none other Mr. Speaker said The Speaker is not of his Opinion It could not be intended to be against his Will because his Hand is to the Indenture But he moved Whether it should be intended that this Sir Andrew Noell were Una eadem Persona or no And though he were yet Whether they could take notice thereof and to be certifyed out of Chancery To which all the House said There was no other of the Name Then Mr. Comptroller stood up Mr. Comptroller puts a Question which the House determines and moved That in respect the Return was joynt and that they did disallow Sir Andrew Noell he desired to be resolved of the learned Masters of the Law of this House Whether all the Return was insufficient and so Sir John Harrington to be Excluded To which all the said House said No. Mr. Serjeant Harris said No because the said Warrant is Affirmative to choose any but the Sheriff who is excepted by special Words But the Return of the other is warranted but of him his Election is void Sir Edward Hobby answered 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 of the Statute are That he must be Commorant within the County which but few are To which not one word was answered and so that Clause was shut up Mr. Speaker said A New Election voted Well I will put it to the Question which shall be two-fold One Whether a new Warrant shall be sent forth To which being twice moved all cryed I I I and not one Man said No. Sir Edward Hobby said And the Warrant to be Issued by the Speaker Mr. Speaker the Warrant must go from your self for in the 27. Reginae when Parry was chosen Burgess for Queenborough a new Election was made and the Warrant was sent from the Speaker The Act touching Bishops Leases was read A Bill touching Bishops Leases viz. That no Bishop or Arch-Bishop might make any Lease in Remainder till within Three Years of the expiring of the former Lease To which only Mr. Boyes stood up Mr. Boyes opposes it and gives his Reasons and said That this Act would be prejudicial
next Justice as a Felon On Thursday November 5. An Act touching certain Assurances used amongst Merchants was Read and rejected An Act touching Reformation of Abuses in Ale-houses Bill against Abuses in Tippling-Houses and Tipling-houses which Act after the former was Rejected was Read The Effect whereof is that for the sale of every pot of Bear being not of the Assise of a full Ale-quart the Seller shall Forfeit Three Shillings four Pence Note that no Suitor is Named in this Bill the same to endure till the end of the next Parliament Read twice this Day The Bill for Observing the Sabbath-day Read twice and Ordred to be Ingrossed Nota That by the Order of this House when a Bill is returned from Commitment the Words must be twice Read which are Amended before the Ingrossing thereof An Act against false Returns and Not Returns by Sheriffs and Bayliffs twice Read and Ordered to be Ingrossed Mr. Bacon Moves to prefer a New Bill Mr. Bacon stood up to Prefer a new Bill and said Mr. Speaker I am not of their minds that bring their Bills into this House Obscurely by delivery only to your Self or the Clerk delighting to have the Bill to be incerto Authore as though they were either Ashamed of their own Work or Afraid to Father their own Children But I Mr. Speaker have a Bill here which I know I shall be no sooner ready to Offer but you will be as ready to receive and approve I liken this Bill to that Sentence of the Poet 〈…〉 who set this as a Paradox in the Forefront of his Book First Water then Gold Preferring Necessity before Pleasure And I am of the same Opinion that things necessary for Use are better than those things glorious in Estimation This Mr. Speaker is no Bill of State nor of Novelty like a stately Gallery for Pleasure but neither to Dine in or Sleep in but this Bill is a Bill of Repose of Quiet of Profit and of true and just Dealing the Title whereof is An Act for the better Suppressing of Abuses in Weights and Measures We have turned out divers Bills without Disputation and for a House of Gravity and Wisdome as this is to bandy Bills like Balls and to be silent as if no body were of Councel with the Common wealth is unfitting in my Understanding for the State thereof I 'le tell you Mr. Speaker I 'le speak out of my own Experience that I have learn'd and observ'd having had Causes of this Nature referred to my Report That this fault of using false Weights and Measures is grown so intolerable and common that if you would Build Churches you shall not need for Battlements and Bells other things than false Weights of Lead and Brass And because I would observe the Advice that was given in the beginning of this Parliament That we should make no new Laws I have made this Bill onely a Confirmation of the Statute of 11 Hen. 7. with a few Additions to which I will speak at the passing of the Bill and shew the Reason of every particular Clause the Whole being but the revival of a former Statute for I count it far better to Scour a Stream than to Turn a Stream And the First Clause is that it Extends to the Principality of Wales to constrain them to have the like Weights with us in England Sir Robert Wroth made a motion for a Commitment to amend the Statute for the Relief of the Poor and Building of Houses of Correction made the last Parliament 39 Reginae And also for the continuance of certain Statutes which was referred to Commitment on Tuesday next in the Exchequer-Chamber By Order of the House Nota. it was agreed upon That a Committee once made and agreed upon there shall not hereafter be more Committees joined unto them for the same Bill but for any other there may Sir Robert Cecil mov'd the House Secretary Cecil makes a Motion To have their Opinions in that there wanted a Chief Member viz. a Knight of Denby-shire And he said I am to Certifie the House thus much in respect of some Disorder Committed there touching the Election by Sir Rich. Trevor and Sir John Flood to which Sir John Salisbury is a Party the Sheriff could not proceed in Election For my own part I think it fit Mr. Speaker should attend my Lord-Keeper therein quod not attend if it please you you shall hear the Letter Which was Read the Contents whereof were He Reads a Letter about a Disturbance at the Election of Knights for the Shire THat on the Twenty-first of October he kept at _____ the County-day and there being quietly Chooseing the Knight for the Shire a Cry came suddenly that Sir Richard Trevor and Sir John Flood on the one Party and Sir John Salisbury on the other were together sighting and all their Companies ready to do the like whereupon presently I went to the Church-yard where they were and there I found both Parties with their Swords drawn ready but with much ado pacifi'd them both And fearing lest by drawing such a Multitude together there might great Danger and Bloodshed happen I made Proclamation That every Man should depart by means whereof I did not Execute her Majesties Writ as I thought to have done rather choosing to adventure your Honour's Censure herein than to hazard so great Bloodshed Under Subscribed Your Honour 's most humble at Commandement Owen Vaughan Also Mr. Secretary said There was a Schedule annexed to the Letter which had some other Matters of Importance not fit to be read yet if it did please the House to command it they should Whereupon all cryed No. Sir Edward Hobby answer'd Sir Edw. Hobby takes Exceptions at his Expressions Methinks under Favor the Motion Mr. Secretary made was good but the Form therein I speak with all Reverence not fitting the State of this House For he said Mr. Speaker should Attend my Lord-Keeper Attend It is well known that the Speaker of this House is the Mouth of the whole Realm And that the whole State of the Commonalty of a Kingdom should Attend any Person I see no reason I refer it to the Consideration of the House Only this Position I hold That our Speaker is to be Commanded by none neither to attend any but the Queen only Mr. Johnson said The Speaker might ex Officio send a Warrant to the Clerk of the Crown who is to certifie the Lord-Keeper and so make a New Warrant Sir Edward Stanhop said That for Election of Burgesses he had seen half a score Warrants Yesterday with Sir John Puckering's Hand to them when he was Speaker Mr. Speaker said That I may inform you of the Order of the House The Warrant must go from the Speaker to the Clerk of the Crown who is to inform the Lord-Keeper and then to make a New Writ Mr. Secretary Cecil said I should be very sorry to detract from any particular Member of
Sunday in Fair or open Market that this should be Void and she and the Goods forfeited to the Queens Use for that is a Contract At which all the House Laughed Mr. Bacon said Bacons Speech for Repealing superfluous Laws May it please you Mr. Speaker not out of Ostentation to this House but in Reverence I do speak it That I do much wonder to see the House so continually divided and to agree upon nothing to see many Laws here so well framed and Offences provided against and yet to have no better Success and Entertainment I do think every man in his particular bound to help the Common-wealth the best he may and better it is to venture a mans Credit by Speaking than to stretch a mans Conscience by Silence and to endeavor to make that good in Nature which is possible in Effect Laws be like Pills all gilt over which if they be easily and well swallowed down are neither bitter in digestion nor hurtful in the body every man knows that Time is the true Controuler of Laws and therefore there having been a great alteration of Time since the Repeal of a number of Laws I know and do assure my self there are many more than I know Laws both needless and dangerous I could therefore wish that as usually every Parliament there is a Committee selected for the Continuance of divers Statutes so the House would be pleased also that there might be a Committee for the Repeal of divers Statutes and of diverse superfluous Branches of Statutes And that every particular Member of the House would give Information to the Committees what Statutes he thinketh fitting to be Repealed or what Branch to be Superfluous lest as he said pluat super nos laqueas The more Laws we make the more Snares we lay to entrap our selves Upon which Motion a Committee was granted to meet on Friday On Saturday November 7. An Act That the Marquesse of Winchester may dispose of his Lands whereof he is Tenant in Tayle as other Tenants in Tayle may do by the Laws and Statutes of this Realm was read the first time and the Pedigree hereafter set down was then produced to the House Robert Willoughby Lord Brook 1. Dorothy 2. Wife Edward Willoughby Blaunch the First Daughter Marryed to Francis Dawtery Elizabeth the 2 d. Daughter Marryed Sir Fulke Grevill and had Issue Fulke Grevill Esquire Anne 1. Daughter Charles Lord Montjoy James Lord Montjoy Charles Ld. Montjoy Elizabeth 2. Daughter 1. Sir John Pawlet Lord Marquess of Winchester William Lord Marquess of Winchester William now L Marquess 1. The Lady Denny had Issue two Daughters 2. The Lady Katharine 2 d. Daughter had Issue 4 Sons 2 Daughters 3. The Lady Elizabeth was Marryed to Sir William Courtney Sir William Courtney had Issue 3 Sons and 6 Daughters Mary Marryed to the Ld. Cromwel had Issue 2 Sons 1 Daughter ore Sn'r and had Issue 2 Sons 1 Daughter had Issue 1 Son George Cromwel 1 Daughter and had Issue 7 Children There was this day a Page brought to the Bar A Page is brought before the House for that Yester-day Sir Francis Hastings had caused him to be Committed For that as he went down the stairs the Page offer'd to throng him Whereupon he held him till the Speaker came out of the House who did commit him to the Serjeant's Custody till this day to know the Pleasure of the House what they would do therein But this day upon Sir Francis Hasting's intreaty speaking very earnestly for him and of his innocency and unwillingness to do that Fact as also upon the Pages Submission upon his Knees at the Bar he was discharged It was moved That because his Hair was very Long he might be carried to a Barber and close cut before his Discharge But that was thought very unfit for the Gravity of the House to take notice of so light a fault so after a sharp and threatning Admonition given him by the Speaker he was Discharged Sir Edward Hobby moved the House That for as much as the antient Custom of the Parliament had been that not only themselves but their Servants should be free from all Arrests yet notwithstanding a servant of Mr. William Cook a member of this House was Arrested by one Baker a Serjeant at the suit of another upon a Bond in which indeed he is but Surety as may appear unto you by this Letter so the Letter was Read the Contents whereof was as aforesaid with this Clause in the end From the most Loathsome and the unfortunate Hole in the Prison of Newgate I humbly c. Upon which Motion as also upon Declaration of a Precedent in the 35 of Henry the Eighth That the Sheriffs of London were Committed to the Tower for Arresting George Ferrars a Member of this House It was generally agreed That the Serjeant of this House should be presently sent with his Mace for the said Prisoner his Keeper and also should command the said Baker the Serjeant and the procurater of the Arrest to attend the Court on Monday morning so after the Serjeant had been away about an hour and an half he brought the Prisoner and his Keeper to the Bar who Affirmed the whole matter as aforesaid And the Keeper was Commanded to deliver his Prisoner to the Serjeant which he did by taking him by the Hand and so delivered his Prisoner to the Serjeant And the House commanded the Keeper to take no Fees and so the Prisoner was quite discharged But Sir Robert Wroth moved to know Whether Mr. Cook would Affirm that man to be his Servant who stood up and said He was one of his most necessary Servants for in truth quoth he he is my Taylor And thereupon the Serjeant was sent for him as aforesaid An Act for the better Setling of Watches was Read and committed and the Committees to meet at the midle Temple-Hall on Thursday in the afternoon Mr. Henshaw moved the House That the immediate Land-Lord of every such Night-Walker should be bound for the good Behaviour of him to the Queens Use which the House would by no means hear of An Act to avoid and prevent divers Lewd Misdemeanors in base and idle Persons was Read and Committed to the Committees in the Bill for Night-walkers to meet on Thursday after-noon in the midle Temple-hall An Act against Drunkards A Bill against going to an Ale-house if within Two Miles of ones own House and haunters of Ale-houses the Effect whereof is That if any man do go to an Ale-house within two miles of his own House he shall Forfeit so much as he is in the Subsidy Mr. Glascock spake to this Bill and Informed the House That it was a common and usual thing in Lancashire and those Parts for Gentlemen as they go a Hawking to go and take a Repast at an Ale-House Mr. Glascock Opposes it Yea men sometimes of 500. Marks a Year But Mr. Speaker I hope these
men are not intended to come within this Bill And for the Act it self I think it to be a meer Cob-web to catch poor Flies in Sir Francis Darcy said Sir Francis Darcy is for it I think this Bill very fit to be considerd of and Committed for it tendeth to the Restraint of great Excess usually Committed which we had need especially to provide for seeing such continuall and great Provisions both of Meat and Drink go daily out of the Land chiefly into Ireland Sir Robert Cecil That as an Honourable Person affirmed in this House we may feed an Army therewith yea all the Realm almost within the English Pale and else where in other Countries Besides in Restraining this great Excess we shall do our Duties and please God the more who is jealous of his Honour and will not suffer such and so great a Sin to go unpunished neither in the Offenders themselves nor in us that tolerate the same but will lay his heavy hand of Wrath and Indignation upon this Land which God avert and turn from us So it was Committed and the Committees appointed to meet on Fryday in the Afternoon at the Middle-Temple-Hall The Act touching Weights and Measures was read which upon divers Motions was clearly expung'd the House Mr. Wiseman shewed a great Imperfection in the Bill because there wanted a Remedy to meet with the Clerk of the Market Besides where a Punishment is inhaunc'd and a special Privilege to gain greater Authority it makes me doubt much of the good Intent For why should he desire to have Wales in seeing he hath it in his Jurisdiction already And it is as ordinary as can be Bring your Groat when he goeth a Circuiting your Measure shall be Even It was after put to the Question for Committing and some Twelve I I I but not one for the Ingrossing but all said No So it was Rejected In the Afternoon the same Day at the Committee in the House touching the Subsidies Sir Walter Rawleigh moved the House to consider Sir Walt. Rawleigh's Speech for Subsidies for what Intent they came thither and now in their Coming what was to be considered for the Subsidy and the Manner and Quality thereof I now only will intimate thus much unto you That the Last Parliament only Three Subsidies were granted upon fear that the Spaniards were coming But now we see they are come and have set Foot even in the Queens Territories already and therefore are the more of Us to be Respected and Regarded And seeing the Sale of Her Majesties own Jewels the great Loans her Subjects have lent her yet unpaid the continual Selling of her Lands and decaying of her Revenues the sparing even out of her own Purse Apparrel for our sakes will not serve but yet she must be fain to call her Court of Parliament for our Advice and Aid in this Case I wish for my own part as a particular Member of this Common-Wealth That we may not do less than we did before and that we also would bountifully according to our Estates contribute to her Majesties Necessities as now they stand Mr. Wiseman said Mr. Wiseman Speech for Subsidies after a very discreet and judicious Speech made touching Gods Protecting us for Religion-sake our peace and quietness the safety of her Majesties Person the great Victories we have had the greatness of Neighbour-Princes only raised by her Majesty so that she hath spent as was said by Sir Walter Rawleigh so much as that She is now fain to desire the help of her Subjects Let us therefore draw to some head and leave our Orations and Speeches fitter for a Parliament than a Committee we are to consider only what is fit to be given And for my own part as a poor Member and one of the meanest in this House I will be bold to deliver my Opinion first because some must break the Ice Three Pound Land and under to pay Two Shillings and Eight Pence in the Pound Five Pounds Goods and under to pay One Shilling Eight Pence in the Pound and double Tenths and Fifteens as soon as possible may be And though I may seem over-bold being but a Rural and Country man to speak even out of my own Element in this Case yet I do heartily crave Pardon of all beseeching that neither my unaptness nor disorder of Speech nor the unworthyness of my Person may prejudice the Cause Sir Robert Wroth moved Sir Rob. Wroth. That Four Pound Land might pay full Subsidy and Six Pound Goods might pay full Subsidy unto Her Majesty Sir Francis Hastings mov'd Sir Francis Hastings mov'd That the Three Pound Men might be Exempted and all others above that Rate to Pay according to the Rate to make up a full Subsidy Mr. Phillips mov'd Mr. Phillips That Three Pound men might be spared and Four Subsidies receiv'd from the Rich which should be termed a Contribution because it might make no Innovation Sir Walter Rawleigh said Sir Walt. Rawleigh If all pay alike none will be aggrieved if any be excepted doubtless it will produce much Grief And the feeling will be great to those Three Pound men that feel any thing but it will be nothing to them that know any thing Sir Edward Hobby said Exceptions against Speaking Sitting We cannot hear you speak out you should speak standing that the House might hear you So Sir Walter Rawleigh said That being a Committee he might speak Sitting or Standing and so repeated over again his former Speech Mr. Secretary Cecil said Secretary Cecil's Speech for Speedy considerable Supplies Because it is an Argument of more Reverence I choose to speak standing As long as the Queen by Advice of her Council did find means to spare you so long she ever desired her Subjects might not be Charged But if her Majesty as soon as the last Subsidy had been spent should have again resorted unto you I do assure you this Parliament had been called in October last Now if upon the Providence and Foresight of a growing Sore you did Contribute unto her Majesty much more now should we do the same seeing a Resolute company of Spaniards have Intrenched themselves in Her Majesties Kingdom of Ireland and more Supplies thither are daily Expected It is time that we open our Coffers that we may obviate in the begining these few Forces of the Spaniards lest growing to greater Forces we cannot expell them with Five Hundred which we may now do with One Hundred at present If any that sit next the Door be desirous to sit next the Chair to give his Opinon I will not only give him my Place but thank him to take my Charge This was conceived to be spoken of Sir Edward Hobby who coming to sit near the Chair and none giving him place sate next the Door We that sit here take your Favours out of Courtesy not out of Duty But to the purpose The Queen hath occasion to use as
divers in this House do know Three Hundred Thousand Pounds before Easter How this shall be Raised and Gathered That is the Question For without this proportion of Charge neither can the Spaniards in Ireland be repelled nor the War there maintain'd Neither Her Majesties other Affairs be set on Foot Neither Provision sufficient can be made for defence against Forreign Invasions Admit with a less Charge we should now Expell him Will any man be so simple to think he will give over the Enterprise being of so great Consequence and grow Desperate I should think him a man but of a shallow Understanding and less Policy Surely if we had been of that mind when he had that great Overthrow of his Invincible Navy One Thousand Five Hundred Eighty Eight we had been destinated unto Perdition For how many chargeable Enterprises of Puissant great Consequence hath he since made The like if his Forces in Ireland should now Fail would he do again And therefore That we now do in Defence if he should be expelled with a less Matter would as well serve to make Defence against his next Invasion of that Kingdom as also to Enrich her Majesty to be ready to Furnish her Navy and Forces the speedier for her safety Besides if he bestows so vast a Treasure for the gaining of one poor Town Ostend what will he do to gain so strong and Famous a Kingdom as Ireland I will by the Leave of a VVorthy Person that sits by me and knows these things better than I do yeild a particular Account to you of the State it self First The last whole Subsidy after the Rate of Four Shillings Land and Eight Groats Goods came not to above Eighty-Thousand Pounds the Subsidy of the Clergy Twenty-Thousand Pounds the Double Fifteens Sixty-Thousand Pounds In all One-Hundred and Sixty-Thousand Pounds Since my Lord of Essex's Going into Ireland who now is with God she hath spent Three-Hundred-Thousand Pounds which cometh unto Three-Hundred and Twenty-Two-Thousand Pounds So the Queen is behind-hand Three-Hundred-Thousand Pounds Thus we refer the Matter to your Judicial Consideration We only shew you the present Estate of the Queen and her Affairs wishing no Man to look that we should give Advice what is to be done As though your Selves who are the Wisdom of the Land could not direct your Selves neither upon the Reasons alledged judge of the Necessity of the State Mr. Comptroller Sir John Fortescue Sir John Fortescue and Mr. Secretary Harbart spake all to the same Effect only Sir John Fortescue added this That what pleased the House in the Name of the Subjects to bestow the same Her Majesty did and ever would imploy to their Uses So that Dying it might be written on Her Tomb as on the Emperor Quod occupatus vixit So that She Dying Lived still imploying all to the Safety of Her Subjects And I beseech you remember That the Great Turk when he Conquer'd Constantinople found therein Three-Hundred Millions of Gold Which being told him If they said he had bestowed but Three Millions in defence of their City I could never have gotten it A notable Saving of the Great Turk From this Blindness I pray God Defend us that we may not be backwards to give Four Subsidies to Her Majesty for want whereof in time we may hap to lose that which cannot be Recovered or Defended with a Hundred So after a few other Conferences and Speeches Pro Contra it was concluded That the House should be Certified of their Proceedings on Monday and by General Consent the Three Pound Men were to be included And so the House about Six a Clock at Night rose confusedly Nota That Mr. Anthony Maynard by the Consent of the whole House sat in the Chair as Clerk to Register the Order of this Committee and by Consent also was Licensed to put on his Hat Sunday November the 8th On Monday November the 9th A Bill for Suppressing of Maintenance Also A Bill to suppress People from idle Shifting The first time Read Also A Bill for the Reformation of Abuses in the Making of Cloth Also A Bill for Advance of Customs A Bill for the Benefit of Merchants and Advancing of Her Majesties Customs both Inward and Outward Also Mr. Townsend moves against the great Number of common Sollicitors A Bill to Restrain the Number of Common Sollicitors put in by Mr. Townsend of Lincolns-Inn the Collector of this Journal to which he spake as followeth May it please you Mr. Speaker It was well said by a Worthy Member of this House Mr. Francis Bacon That every Man is bound to help the Common-Wealth the best he may Much more is every Man in his own Particular bound being a Member of this House if he knows any dangerous Enormity towards the Common-Wealth That he would not only open it but if it may be suppress it We being all here within these Walls together may be likened to a Jury shut up in a Chamber Every Man There upon his Oath and every Man Here upon his Conscience being the Grand Jury-Men of this Land bound to deal both Plainly and Truly Here-with though a most unworthy and least sufficient Member of this House my Self being touched I had rather adventure my Credit by Speaking though confusedly knowing the great Inconvenience and Mischief attends this Kingdom by Silence in so pleasing a Case as I perswade my self this Bill will be to every Man that hears it To which Mr. Speaker because I may have Benefit of Speech if occasion serves at the second Reading thereof I will not speak more at this present than only touch the Tract of the Bill it self The Honourable Person that in the upper-Upper-House in the Beginning of this Parliament spake against the Lewd Abuses of Prowling Sollicitors and their great Multitude who set Dissention between Man and Man like a Snake cut in pieces crawl together and joine themselves again to stir up even Spirits of Dissention He I say advises us that a Law might be made to suppress them I have observed that no Man this Parliament ever profer'd to prefer any such Bill to this House but sure I am no Man spake to this Purpose I have therefore Mr. Speaker presumed out of my young Experience because I know part of their Abuses and with that small Portion of Learning that I have to draw a Bill and here it is The Title is thus An Act to Suppress the Multitude of Common Sollicitors The Body of the Act disableth all Persons to Sollicite in any Cause other than their own There is Excepted and Fore-prized Four several sorts Lawyers and Atturnies in their own Courts where they be Sworn Servants in Livery and Kinsmen within the Fourth Degree of Consanguinity And no Man within this Kingdom but may find a sufficient Sollicitor within these Four Degrees And I humbly pray The Bill being short may be Read and Received A Bill concerning certain Abuses in the Exchequer Committed the Committee
to meet on Tuesday in the Afternoon in the Exchequer-Chamber A Bill against Transportation of Monies was brought in On which Mr. Davis made a long Speech The Effect whereof was A Bill against Transporting of Coyn. That by Transportation of Money the Realm is Impoverished for that Twenty Shillings English is Twenty Three Shillings Flemish and as much good Silver in the first as the last And so he said They gained Three Pence in every Pound and the like he said was in Commodities Mr. Secretary Cecil spake Secretary Cecil touching the Subsidy touching the Subsidy as Followeth VVhen it was the good Pleasure of the House to give Order to the Committees to consider the common danger of the Realm in which not only every Member of this House but every Man in the Kingdom is Interessed It liked the Committees after their resolution to choose one amongst all to give an Account of their Proceedings and that is my self I do know it were the safest way for a mans memory to deliver the last Resolution Reports to the whole House what was Cone at the Committee without any precedent Argument for rare is the Assembly in which there is not some variety of Opinions I need not recite the Form of the Committee by reason of so good Attendance being little inferior to our Assembly at this present yet if it be true that Forma doth dare essentiam it will be somewhat necessary for me to deliver the manner of our Proceeding and the Circumstance rather than hazard the Interpretation of such a Resolution The Day was Saturday last the Place this House the Time about four houres And I am of Opinion That if we had all agreed upon the manner as we did speedily upon the matter all had been dispatched in an hour It seemed by the ready Consent of the Committee That they came not one to look on another like Sheep one to accompany another but the Matter was Debated by some and at last Consented unto by all Our Contention bred Difference our Difference cause of Argument both how to ease the State and make this Subsidy less burthensome which shall be recited Some were of Opinion that the Three Pound Men should be spared because it was to be consider'd they had but small portions and they did give almost Secundum sanguinem Others were of Opinion that the Four Pound men should give double and the rest upward should be higher Cessed Others vvere of other Opinions Again it was moved Whether this Subsidy should go in the name of a Benevolence or Contribution Or whether in the Name of a Fourth Subsidy but vvas said to be subject to great Mistaking because it vvould be said to be a great Innovation But at last most Voices Resolved It should have the old Name of a Subsidy because Subsidium and Auxilium are all one The most Voices Concluded There should be no Exception of the Three Pound men because according to their Rate some vvere Assessed under value besides separation might breed Emulation Suspition of Partiality and Confusion The Time vvas Resolved upon and that in respect of Expedition to be by the First of February and the vvhole Realm when each man comes into his Country will be better satisfied when they shall know vve have spared no man nor made no Distinction It vvas said by a Member of this House Sir Francis Hastings That he knew some poor People Pawn their Pots and Pans to pay the Subsidy It may be you dwell vvhere you see and hear I dwell where I hear and believe And this I know That neither Pots nor Pans nor Dish nor Spoon should be spared when Danger is at our Elbowes But he that spake this in my Conscience spake not to hinder the Subsidy or the greatness of our Guift but to shew the Poverty of some Assessed and by sparing others But by no means I would have the Three Pound men Exempted because I would have the King of Spain know how willing we are to sell all in Defence of Gods Religion our Prince and Country I have read when Hannibal resolved to sack Rome he dwelt in the Cities Adjoyning and never feared or doubted of his Enterprize until word was brought him That the Maidens Ladies and VVidows of Rome sold their Ear-rings Jewels and all their Necessaries to maintain War against him I do take my self in Duty bound to acquaint this House with the Modesty of the Committee at the Proposition That when first this House never stuck to Commit they never stuck in understanding the Reasons to grant it And I do perswade my self that the Bonus Genius of this House did not wish a more Resolved Unity than we had Unity in Resolution And of this Great Committee it may be said De Majoribus Principes Consultant De minoribus omnes Thus by your Commandments I have undergone this Charge and will be ready to do the like Duty whensoever you shall command me Then after Consultation of the great Occasions The Subsidy put to the Question and voted without any Opposition it was put to the Question Whether the double Tenths and Fifteens should be Paid by the First of February and the Subsidy by the last of February viz. for this Fourth Subsidy before the Third began And that the First Payment of the First Three Subsidies should be brought in by the Tenth of June viz. half a Subsidy And all said Yea and not one No. Then was a Motion made by Sir Robert Wroth Sir Robert Wroth's Proposition rejected That this new Subsidy might be drawn in a Bill by it self to which should be Annexed A preamble of the great Necessity the willingness of the Subject and that it might be no Precedent But that could not be yeilded unto Then Mr. Speaker asked the House If they would appoint Committees to draw the Bill So they appointed the Queens Council and all the Serjeants at Law of the House and no more Mr. Francis Moore Moved Mr. Francis Moores Motion That that which was done might be compleatly done and the Subsidy gathered by Commission and not by the old Roll for Peradventure some were dead others fallen to Poverty others Richer and so ought to be enhaunced c. And withal he said The granting of the Subsidy seemed to be the Alpha and Omega of this Parliament Mr. Wingfeild Moved the House That seeing the Subsidy was granted and they yet had done nothing It would please her Majesty not to Dissolve the Parliament until some Acts were passed Mr. Wingfeild's Motion Mr. Serjeant Harris said Serjeant Harris That he that spake Intempestivè spake Injocundè And the Motion of the Gentleman that last spake is not now to be Discussed We are to speak touching the Subsidy Mr. Francis Bacon after the Repetition of the Sum of what was done Yesterday Mr. Bacon That the Three Pound men might not be excluded he concludes it was Dulcis tractus pari Jugo And therefore
Part of the Artificial Body but of Us the General Body when he hath his Free Voice as though he had never spoken before Then the Speaker stood up and said I will propound two Questions The First If when a man hath spoken against the Body of a Bill Speaker puts two Questions about the former Controversy he may be a Committee The Second If any Committee speak against a Bill at the Commitment yet whether he may speak again and have his free Voice Now quoth he I will propound the first Question All that will have a man that hath been against the Body of the Bill to be a Committee let them shew their Opinions by saying Yea. And not one said Yea. All that will not say No. And all said No. So he did for the second Question And not one said No but all Yea. Then he put it to the Question Whether they of London notwithstanding this Order in respect this Commitment so greatly concerned the State should be Committees And the Yeas were greater than the Noes Then he put it to the Question Whether the Two aforesaid Rules should be Entred for Orders of Record And all said Yea. On Thursday Novemb. 12. A Bill was Read for Confirming of Letters Patents made by King Edward Six to Sir Edward Seymor Knight A Bill for the Explanation of the Statutes made 3 4 5 Edv. 6. against Buyers of Butter and Cheese to sell again and against Ingrossers and Forestallers A Bill against the unlawful Hunting and Stealing of Deer in the Night-time was Read the first time A Bill for the Redressing of certain inconveniencies in a Stat. 21 Hen. 8. Cap. 13. Intituled An Act against Plurality of Benefices for taking of Farmes by Spiritual men and for Residence This Bill was drawn by Robert Eyre of Lincolns-Inn That the Proviso of that Statute might be Repealed A Bill for avoiding Frivolous Sutes in Court at Westminster To which Bill one Lashbrook an Attorney spake and shewed the Inconvenience of Scriveners being Atturnies and practising in their Names The Bill against Fraudulent Administration of Intestates Goods after Ingrosment Read and passed The Bill of VVrits of Error also Read after Ingrosment Passed VVhilst there were divers Disputes of this Bill Mr. Fleming the Queen's Solicitor took the Bill to look a word in it after he had done and laid it on the Board One Mr. Brown Clerk A Rule in the House about Bills Comptroller to the Queens Houshold stood up and said Mr. Speaker You should after a Bill is ingrossed hold it in your Hand and let no Man look into it which was confessed by all And so the Speaker took it The House was moved to send these two Bills to the Lords and they Chose Mr. Comptroller and he accompanied with divers others went with them and returned within half an hour The Bill for the Denization of certain Persons viz. Will. Millet Ann Pope George Chandlor Peter Eaton Nicholas Eaton Nicholas Taylor and others Denization of certain Persons was Read the second time and put to the Question to be Ingrossed And all said Yea and there was not one No and never Committed The Bill for Erecting of a Haven or Key on the North-part of Devon on the River of Severn The Officer that Arrested Mr. Cook 's man was brought to the Bar and upon his Submission after a sharp Exhortation was dismissed paying the Serjeant's Fees A Bill for Confirmation of Grants made to the Queens Majesty and of Letters Patents made by Her Majesty to others Read Secunda Vice and then it was Committed On Friday Novemb. 13. The Bill against the Covetousness of Butchers for Buying and Ingrossing of Lambskins out of Markets and Fairs And a Bill against Pedlars Petty-Chapmen and Hawkers A Bill against Hawkers c. And a Bill for Cloath-workers And a Bill against wilfull Absence from Church on Sundays which Bill Sir Rob. Wroth preferred The Effect whereof is for the better gathering of One Shilling for every Absence which is given by the Stat. of 1 Reginae and the Statute is limited to indure the Queens Reign which was greatly whispered at and Observed in the House The Bill for matters concerning Assurance used amongst Merchants being moved for a Commitment and put to the Question there was not one No. Sir Hugh Beeston stood up in the lower end of the House and said Sir Hugh Beeston We that be here cannot hear you that are above I would it would please them that speak there to speak Louder Also I am to Certify that I am here for a Town but not in mine own Countrey Denbyshire or for any part thereof but if I should not speak something in behalf of my Country I dare not go thither again Therefore I heartily beseech you A Motion about a new Writ Mr. Speaker that the House may be Resolved what course is taken according to the Order of the House for the Election of a Knight and Burgess for they can not but find themselves greatly grieved for want of the Election but what is done I know not Mr. Secretary Cecil said Secretary Cecil reports Because I am the Reporter of the Election as also of the Proceeding I will now also Certify you that there was Order taken for the sending out of a new Warrant for the Election but what is done therein I also know not Mr. Speaker said Mr. Speaker gives Account of it I gave Warrant to the Clerk of the Crown according to the Antient Form to send forth a new Writ who answered me That the Lord Keeper desired to have the Warrant directed to him to have a new Writ and for his Warrant for Sealing thereof So that nothing is done therein in until the Pleasure of the House be known Sir Edward Hobby said There is no Court that doth not observe its Rights and follow its Privileges Sir Edward Hobby Speaks to it Much more this High Court of Parliament being the Greatest and Commander of all other Courts doth and ought to Observe the same most strictly And all the Precedents that I have seen touching this Point have ever gon to the Clerk of the Crown and no other And therefore I take it that that Course ought inviolably to be Observed Sir George Moore said Sir George Moore c. I agree with the Gentleman that last spake That Precedents ought to be Observed yet to be altered upon urgent Occasions or by necessity of time Knowing this I take it as my duty to Inform you if any alteration hath been it proceeded from imperfection of the Speaker It was well Observed by an ancient Member of this House who is now with God that no Conference with the Lords touching a Subsidy should be had yet that Rule hath been altered in late Parliaments by reason of special Causes So I do think it would be more Honour to this House to direct a Warrant to the Lord-Keeper than to an Inferiour Minister
the Speaker or intreat him to relate the same to the House Sir George Moore said Sir George Moore of the same Opinion I think as the Gentleman that last spake for the like Subpoena being brought the Last Parliament it grew a Question Whether it was an Impeachment to the Privileges of the House And after some Dispute an Antient Member of this House shewed divers Precedents how that the Minds of the Members of this House ought to be freed as well as their Bodies Whereupon two Members of this House were sent to require the Lord-Keeper to Reverse that Subpoena He also spake of a Quo Warranto for the Liberties of the Black-Fryars with-held Then it grew to a Question Whether a Burgess of the Parliament may be served with a Subpoena ad Testificandum and concluded He could not So after this Dispute it was agreed That the Serjeant should be sent to Arrest all those to appear that had procured the Subpoena afore-said to answer their Contempts with all speed Sir Francis Hastings stood up and made a Relation of the Proceedings which he with the other Committees according to the Commandment of the House the Day before had made He said Sir Francis Hasting 's Report We have called before us the Clerk of the Crown the Clerk of the Petty-Bagg and Our Clerk of the Parliament The Clerk of the Crown shewed unto us five Warrants and one Order all in one Course and one Form in 27 Reginae Three of the Warrants were directed to the Clerk of the Crown Two without Directions he shewed unto us Two Writs without Warrants Then we called the Clerk of the Petty-Bagg who would shew us no Warrants but only a Record of a Writ in his Roll 39 Reginae Only he said but we heard him not That Warrants had been granted to the Clerk of the Petty-Bagg The Clerk of the Parliament shewed unto us Two Precedents one of the Fifth and the other of Thirteenth Reginae both without Direction but with these or to the like Effect as I take it It is required such and such a Thing be done c. Sir Edward Hobby said Sir Edward Hobby 's Report Because the Truth hereof might be made more plain and that it pleased you to command my unworthy Self to attend Yesterdayes Service I will under the Favour of the Gentleman that last spake make a Repetion ab Origine a little longer than he did for your Satisfactions of this House and our Pains It pleased you to depute Six for this Service Five attended the Serjeant at Law Mr. Serjeant Harris of whose Furtherance we best hoped deceived both your and our Expectations The Clerk of the Crown the Clerk of the Petty-Bagg and the Clerk of the Parliament attended us The Clerk of the Petty-Bagg delivered unto us a fair Record containing a Writ sent out Sedente Parliamento for so are the Words It was for the Knights in Yorkshire and Lancashire c. This was all he could shew Only he said An old Officer would be sworn There were more but lost by Mr. Garth's Decease The Clerk of the Crown dealt with us two wayes The First By way of Experimented Officers The Second By way of Precedent For the First One Steven Browne was brought before Us who had been an Officer in the Crown-Office these Thirty-Six Years And being asked If he knew how Warrants were directed He answer'd That in the Time of the Lord-Keeper Bacon when he was Speaker of this House they were directed to the Clerk of the Crown Being further asked If they were ever impugned He answer'd No. Being asked Where these Warrants were kept He answered On the Labels in the House The said Clerk shewed us Five Precedents and One Order The rest were lost by Mr. Watson's Death as the other Precedents were by the Death of Mr. Garth The Clerk of the Parliament produced Warrants indefinite of 13 Reginae when Sir Christopher Wray Knight was Speaker As also an Order dated the Eighteenth Day of March 1580. die Sabbati That a Warrant should be directed to the Clerk of the Crown to Choose a New Burgess for Norwich instead of one Beamont The Words whereof were It is required by the Knights Citizens Burgesses and Barons c. And also another Order dated die Sabbati 18 March Anno 1580. In these Words It is further Agreed upon and Resolved by this House That during the Time of the Sitting of this Court there do not at any Time any Writ go out for the Choosing or Returning of any Knight Citizen Burgess or Baron without the Warrant of this House first directed for the same to the Clerk of the Crown according to the Antient Jurisdiction and Authority of this House in that behalf accustomed And another Warrant subscribed Henry Gates William Fleetwood who were Committees in Examining of a Cause touching one Henry Beremaker and Anthony Wilde The Effect whereof was That for as much as they were Arrested into the King's-Bench whereas we find them Privileged as Members of this House A Warrant was directed to the Clerk of the Crown for making VVrits of Privilege as afore-said Dated from Westminster the Sixth Day of December 1586. Therefore in my own Opinion His Opinion and according to these Precedents I think the Warrant ought to be directed to the Clerk of the Crown Sir George Moore stood up and shewed a Precedent Sir George Moore of the other Opinion Dated on Fryday the Second Day of March 35 Reginae Where a New Writ was to be awarded out concerning one Mr. Fitz Herbert and a Writ of Privilege to come from the Chancery And the Speaker made a Warrant to the Lord-Keeper to make a New Writ in the like Case both touching Southwark and Melcombe Re ' So I think the Warrant ought to be directed to the Lord-Keeper Mr. Tate of the Middle-Temple shewed That Ratio Legis Mr. Tate's Opinion was Annima Legis And he that presents a Precedent without a Reason presents a Soul without a Body There is a Difference of Writs There be Brevia ex gratia Speciali and Brevia Cursoria The Writs which we speak of are Brevia Cursoria And therefore when the Warrant hath gone from the Speaker to the Clerk it hath caused the Writs to be Sealed of course by the Lord-Keeper c. Mr. Secretary Harbert shewed How that He Secretary Harbert reports from the Lord-Keeper with the other Three by their Commandments had been with the Lord-Keeper whom we found most Honourably to Entertain both me and the rest and that his Lordship did greatly respect the Majesty and Gravity of this House and said He would be loth to derogate any thing from Either Notwithstanding he hoped and prayed That if any former Precedents had improvidently gene from this House or contrary to the most Antient Usage that we would now Settle our Resolutions and Establish and Decree that which might be a sufficient warrant unto him to
put in Execution our Commandments and also increase the Majesly and Henour of this House Which he most heartily wished might ever continue And for my part I can assure you we cannot wish him to be more Honourable or more Agreeable to this House than we found him Mr. Doyley of Lincolns-Inn Mr. Doyley said Mr. Speaker As I take it there is a Precedent this Parliament which will decide this Question For there is an Honourable Person in this House being Chosen with my self Burgess for Wallingford and also Knight of the Shire chose to be Knight And a Warrant went from You Mr. Speaker directed to the Clerk of the Crown for Election of a New Burgess who is Chosen and Sworn and is now a Member of this House Mr. Thomas Fortescue by Name Mr. Fleming Mr. Fleming the Queen's Sollicitor said The Clerk of the Crown is our Immediate Officer He is to be Attendant between the Two Doors of the Upper-house and the Lower-house When any Warrant-General is required he is to Subscribe it to Certifie it c. He is to convey our Minds and Messages to the Upper-house yea this Warrant is to be directed unto him Then all the House cryed The House calls to put it to the Question to have it put to the Question Then the Speaker stood up The Speaker divides into Three Questions or Parts and said The Question must stand on Three Parts First If the Warrant shall be directed to the Clerk of the Crown Secondly If to the Lord-Keeper Thirdly If without any Direction The House The House Murmurs after this Speech was in a great Murmur and very Loud Then stood up one and said Mr. Speaker Let the First Question stand and then all will be at an end Then said the Speaker Shall the First Question stand And all said Yea. Then he said All that will have the Warrant directed to the Clerk of the Crown say Yea And all that will not cry No. And the Yeas got it a little Then he asked The Question determined If they would have this Order entered of Record And all cryed Yea Yea. Sunday Novemb. 15. On Monday Novemb. 16. A Bill for the Enabling of Edward Moluneux Esquire to sell Lands for Payment of his Debts A Bill for the Strengthening of Her Majesty's Forces in the North-Parts of the Realm and especially for the County of Cumberland A Bill for the Confirmation of the Charters of King Edward the Sixth made for the Hospitals of St. Bartholomew's Bridewel and St. Thomas in London A Bill for the Putting-down and Abolishing of certain Idle Courts kept every Three Weeks by Arch-Deacons and their Officials and Commissaries and Registers Mr. Henry Doyley of Lincolns-Inn made a Motion and said Mr. Speaker I think my self bound in Conscience Mr. Doyley complains of a Libel called The Assembly of Fools to certifie you of an Infamous Libel that is Printed and Spread abroad since the Beginning of this Parliament Saving your Presence Mr. Speaker It is called The Assembly of Fools I desire the Printer that Printed it may be sent for He dwells right over Guild-Hall-Gate The House wondred much at this Motion and great Murmuring there was At last the Speaker asked him Where the Book was and Where he saw it He answer'd In the Hands of one Mr. Henry Davies his Clerk of Lincolns-Inn but the Clerk's Name he knew not The Serjeant upon Consultation was sent for Mr. Davies and his Man into the Hall After a while they came up and notice being given thereof the Man was only sent for into the House who being asked by the Speaker What was his Name He said It was John Baker Being asked Of whom he had the aforesaid Book He said Of Jeremy Gouge of Cliffords-Inn Being asked How long he had had it He answered Three or Four Dayes Being asked If he knew it to be a Libellous or Seditious Book He answered That he never knew any such Matter in it Being asked Where the Book was He answered At his Master's-Chamber Then the Serjeant was commanded to take him forth and to command one of his Men to go with him to Lincolns-Inn to fetch the Book Then the Speaker asked If they would have his Master in But Mr. Doyley stood up and said Mr. Davies was a very honest Gentleman and shewed him the Book first and wished him to complain to this House thereof and he found great Fault with it Therefore he wished that Mr. Davies might be staid until the Book was brought and then if they pleased to send for him into the House they might And so he was staid In the mean time Mr. Davy's Man went to his Chamber for the Book which after it was brought The Libel scanned and found to be an old foolish Toy called Jack of Dover for which the Informer was Laugh'd at and well scanned by the Privy-Councel it was found to be a meer Toy and an Old Book Entituled The Second Part of Jack of Dover A Thing both Stale and Foolish For which Mr. Doyley was well Laughed at and thereby his Credit much impeached in the Opinion of the House Whereupon Mr. Speaker asked If they would have Mr. Davies and his Man called in And all cryed No No. Then If they should be Discharged And all cryed Yea Yea. A Bill for Reformation of Abuses in Buying and Selling of Spices and other Merchandize A Bill for Redress of certain Inconveniencies An Act against Pluralities of Benesices in the Statute of 21 Hen. 8. Cap. 13. Entituled An Act against Pluralities of Benesices for taking of Farms by Spiritual Men and for Residence was Read Secunda Vice Dr. Dunn spake against this Bill Dr. Dunn opposâ— it and said That it was no Reason that Men of Unequal Desert should be Equally Benesiced or Equallized with the Best Dr. Crompton Dr. Crompton seconds him amongst many other Speeches wished That Plurality of Offices might be taken from the Layity and then Pluralities of Benefices from the Clergy Also in former Ages he said Impropriations were given to the Spiritualty and then no Pluralities allowed As also Spiritual Men bound by Ecclesiastical Canons and their own Vow from Marriage so that they might Live with far less Charge than now they do But having taken from them Impropriations they cannot keep that Hospitality that is required And next Marriage being Tolerated amongst them they Lived at greater Charge both of Wife and Children One Benefice of small Cure sufficeth not Sir George Moore said Sir George Moore for the Bill He thought the Bill most fit to be Committed it being in the General Scope a Good Law and tending to a Good and Religious End But such is the Iniquity of this Age that for want of a Good Law of this Nature many Souls do not only Languish but Perish Everlastingly for want of Spiritual Food I think therfore though there be some Imperfections in the Bill yet the Body and
to Newgate And there after a discharge gotten because he said he was a Servant to a Parliament Man he was no sooner discharged but he was strait again Arrested and carried to the Compter and there laid all Night until he sent to the Serjeant at Armes who fetched him out and kept him in his Custody And now this Day at the Bar he desired the privilege of the House he being a special Servant to a Member thereof Mr. Moore makes a Doubt Whether he could have Privilege so after he was removed out Mr. Francis Moore said I think it will grow a Question Whether he shall have privilege in that his Master is not Sworn nor here Nota Mr. Browne pleads he had as all others Fourteen days before the Meeting or Swearing of the House Where Note The Members then claimed but Fourteen Days before a Session which is now reck'ned Forty Dayes Mr. Brown said Every Parliament-Man hath privilege for himself and Servants Fourteen Days before the Parliament and this is before he is returned or Sworn much more ought we to give privilege in this Case Then was Musket that procured the Arrest brought in and being demanded the Reason How he durst meddle with any Mans Servant of the House he Answered That the said Soliciter being demanded whether he Served any Parliament-Man He Answered No. Which indeed afterwards proved untrue when they were brought Face to Face Then the Serjeant was brought in who said He was put to his Choice Whether he would tarry still at Newgate or go to the Compter Being further asked Whether he could say any more in his own Excuse He said No. So the Solicitor was brought in who justified that he was first Arrested and after Discharged and then the second time Arrested as aforesaid So they were both removed out of the House Sir Edward Hobby took hold of the Speech made by the Serjeant of his Choice to stay in Newgate or to go to the Compter as also that he was doubly Arrested and paid double Fees So after Consultation had it was put to the Question and agreed by the House That they both should pay the Solicitors Cost and Damages and be imprisoned three days in the Serjeants Custody And each of them both Musket and the Serjeant to Pay the Serjeant Attending this House his Fees and the Solicitor to Pay none and so to be Discharged A Bill for Confirmation of Grants made to the Queens Majesty and of Letters-Patents made by her Majesty to others being Ingrossed was Read the Third time and without Speech or denyal Passed only Mr. â—ale of the Temple said No. Mr. Secretary Herbert said Secretary Herbert's Report from the Lord-Keeper According to Your Commandment Sir Edward Stafford and my self went to my Lord Keeper and delivered unto him That Notwithstanding some Allegations which were Alleadged on the behalf of his Lordship concerning our Resolutions about the Warrants which upon mature Deliberation we found by Precedents That they ought to go and be directed to the Clerk of the Crown His Lordship after a small Pause The Keeper's Reply to him c. Answered That he now Considered the Weightiness of divers Businesses that were now in hand The Consultation which we were likely presently to have touching the Bill of Subsidy That the Enemy the Spaniard was Landed in Ireland and the business of those Affairs of great Imports as also his own Business in the upper-Upper-House and the short end which was like to be of this Parliament And therefore he would now not stand to make Contention or shew his further Reasons but prayed us to certify you all That he would be most ready and willing to perform the desire of this House The Bill of Petty-Theft and Patents aforesaid were sent up to the Lords by Sir John Fortescue and Mr. Secretary Hubbart The House called upon Mr. Secretary to go but he desired to be excused because he was troubled with a Cold. A Bill to restrain the Transportation of Money out of the Realm A Bill to prevent Transporting of Bulloin and to Reform certain Abuses in the Exchanges was Read Mr. Fettyplace a Burgess for London spake to this Bill and said Mr. Fettyplace speaks to that Bill It is to be thought that the Netherlander having so much use for Money is the Exporter thereof out of this Realm The French King made it a Law That no man on pain of Death should Export Money thence Germany holdeth the Standard so doth France and so do We. But the Netherlander only doth not and he only thereby gained of all Three There be good Statutes already made to this purpose both in the time of Rich. 2. Hen. 3. Hen. 4. Hen. 5. and Hen. 6. That no Stranger should bring Commodities into this Land but he should bring in so much Money c. He made a very long Speech touching the manner of Trade by Exchange in Merchants Language which I could not well Note So the Bill was committed and the Chequer-Chamber appointed the place and Friday in the afternoon the Time Mr. Henry Mountague shewed That 17. Ed. 4. Mr. Mountague for the Bill such Transportation was made Felony and never since Transportation much heard of till this Queens Days in whose time none of those Laws are in force which if they were revived and set on Foot again I think such kind of Transportation would be less used than it is One of the Burgesses of Yarmouth Moved All Officers of Ports might be certified of such Goods as be Exported and the Skipper bound in Bond to be sent to her Majesties Custom House c. Mr. Davis said Mr. Speaker Mr. Davies about Money and Barture in Trade I hold this Paradox for a true ground of Policy That if there were no Money in the World then this Kingdom were the happiest Nation in the World And the best Age was when there was only bartering of Commodities For one yard of Cloath would be better than three yards of Velvet And an Ounce of Iron for the Use of man better than a Pound of Gold A Bushel of Corn better than ten Bushels of Pepper or other Grain The fundamental Cause of this Bill was That we might not be Cozened of our Moneys who have the best Standard in the World For now the Exchange is Governd by Brokers and as it pleases them the Exchange must Rise and Fall So the Bill was Committed The Bill for Setting of Watches was Read and Committed the Place of meeting appointed the Court of Wards and Tuesday next in the afternoon the Time A Bill for the Relief of Theophilus Adams touching certain obligations reputed to be made void by the Statute of 39 Eliz. intituled An Act c. Some say this Bill was cast out of the House the last Parliament On Fryday Novemb. 20. An Act for the Assurance of the Jointure of Lucy Countess of Bedford A Bill Prohibiting Fairs to be held on Sunday by which
Arrest and the Serjeant shall be sent for And all cryed Yea. Then the Speaker said The Serjeant must go down to Shrewsbury And all cryed Yea. The Speaker gave the Clerk a Bill to read And the House called for the Checquer-Bill Some said Yea and some said No and a great Noise there was At last Mr. Lawrence Hide said To end this Controversie because the Time is very short I would move the House to have a very short Bill read Entituled An Act of Explanation of the Common-Law 〈…〉 in certain Cases of Letters-Patents And all the House cryed I I I. So after it was read the Question was to be Propounded for the Committing of it and some cryed Commit it some Ingross it At length Mr. Spicer 〈…〉 on to 〈…〉 Burgess for Warwick stood up and said Mr. Speaker This Assembly may be said to be Libera Gens and therefore I hope here is both Libera Mens and Libera Lingua Therefore Freely and Faithfully that which I know I will speak to this Honourable House This Bill may touch the Prerogative Royal which as I learned the Last Parliament is so Transcendant that the Eye of the Subject may not Aspire thereunto Far be it therefore from me that the State and Prerogative-Royal of the Prince should be tyed by me or the Act of any other Subject First Let us consider the word Monopoly what it is Monos is Unus and Polis Civitas So then the Meaning of the Word is A Restraint of any thing Publick in a City or Common-wealth to a Private Use And the User called a Monopolitan quasi cujus privatum lucrum est urbis orbis Commune Malum And we may well term this Man The Whirlpool of the Princes Profits Every Man hath Three especial Friends his Goods his Kinsfolk and his Good Name These Men may have the Two First but not the Last If I were acquainted with any of them I would wish them to lose some Goods to gain a Good Name They are Insidiosa quia dulcia They are dolosa quia dubia I speak not Mr. Speaker either Repining at her Majesty's Prerogative or misliking the Reasons of her Grants but out of Grief of Heart to see the Town wherein I Serve pestered and continually vexed with the Substitutes or Vicegerents of these Monopolitans who are ever ill disposed and ill affected Members I beseech you give me Leave to prove this unto you by this Argument Whosoever transgresseth the Royal Commission of Her Majesty being granted upon good and profitable Suggestions and also abuseth the Authority and Warrant of Her Majesty's Privy-Councel being granted unto him for the more Favourable Execution of his Patent this Man is an evil disposed and dangerous Subject But that this is true and hath been done by one Person a Substitute of a Patentee I will prove unto you The Major needs not be proved the Minor I will thus prove My self am Occulatus Testis of this Minor Et talis testis plus valet existens unus quam auriti decem The Substitutes of the Patentees for Aqua-Vitae and Vinegar came not long since to the Town where I Serve and presently staid Sale of both these Commodities unless the Sellers would compound with them they must presently to Councel-Table My self though Ignorant yet not so Unskilful by reason of my Profession viewed their Patent to see whether their Proceedings were according to their Authority and found they exceeded it in Three Points For where the Patent gives Six Months Liberty to the Subject that hath any Aqua-Vitae to sell the same this Person comes down within Two Months and takes Bond of them to his own Use where he ought to bring them before a Justice of Peace and they there be bound in Recognizance and after to be returned into the Exchequer And so by Usurpation retaineth Power in his own Hands both to Kill and Save Thus Her Majesty's Commission being transgressed both in Zeal as a Subject and Sworn-Servant to Her Majesty I hold my self bound in Duty to certifie the House thereof And also this Substitute stands Indicted as an Obstinate Recusant Yea when Her Majestys Name hath been spoken of and Her Self prayed for he hath refused to stir Hat or Lip My humble Motion therefore is That we may use some Caution or Circumspective Care to prevent this ensuing Mischief Mr. Francis Bacon said The Gentleman that last spake Mr. Bacon to the same Bill against it tossed so for and against the Bill that for my own Part not well hearing him I did not well understand him I confess the Bill as it is is but in few Words but yet Ponderous and Weighty For the Prerogative-Royal of the Prince For my own Part I ever allowed of it and it is such as I hope I shall never see discussed The Queen as She is our Sovereign hath both an Inlarging and Restraining Liberty of Her Prerogative that is She hath Power by Her Patents to set at liberty Things restrained by Statute-Law or otherwise And by Her Prerogative She may restrain Things that are at Liberty For the First She may grant non Obstantes contrary to the Penal Laws which truly in my own Conscience are as hateful to the Subject as Monopolies For the Second If any Man out of his own Wit Industry or Endeavour find out any thing Beneficial for the Common-Wealth or bring any New Invention which every Subject of this Realm may use yet in regard of his Pains Travel and Charge therein Her Majesty is pleased perhaps to grant him a Privilege to use the same only by himself or his Deputies for a certain time This is one kind of Monopoly Sometimes there is a Glut of Things when they be in Excessive Quantities as of Corn and perhaps Her Majesty gives License to one Man of Transportation This is another kind of Monopoly Sometimes there is a Scarcity or small Quantity and the like is granted also These and divers of this Nature have been in Tryal both in the Common-Pleas upon Actions of Trespass where if the Judges do find the Privilege good for the Common-Wealth they will Allow it otherwise Disallow it And also I know That Her Majesty Her self hath given command to her Attorney-General to bring divers of them since the Last Parliament to Tryal in the Exchecquer Since which Fifteen or Sixteen to my Knowledge have been Repealed Some upon Her Majesty's own Express Command upon Complaint made unto Her by Petition and some by Quo Warranto in the Exchecquer But Mr. Speaker said he pointing to the Bill This is no Stranger in this Place but a Stranger in this Vestment The Use hath been ever by Petition to Humble our selves to Her Majesty and by Petition to desire to have our Grievances redressed especially when the Remedy toucheth Her so nigh in Prerogative All cannot be done at once neither was it possible since the Last Parliament to repeal All. If Her Majesty makes a Patent or a Monopoly to any
proceed with all Humbleness rather by Petition than Bill Mr. Wingfeild said Mr. Wingfeild I would but put the House in mind of the Proceedings we had in this Matter the Last Parliament In the End whereof our Speaker moved Her Majesty by way of Petition That the Grief touching these Monopolies might be Respected and the Grievance coming of them might be Redressed Her Majesty answered by the Lord-Keeper That She would take care of these Monopolies and our Griefs should be Redressed If not She would give us free Liberty to Proceed in making a Law the next Parliament The Wound Mr. Speaker is still Bleeding and we grieve under the Sore and are without Remedy It was my Hap the Last Parliament to Encounter with the word PREROGATIVE But as Then so Now I do it with all Humility and wish all Happyness both unto It and Her Majesty I am indifferent touching our Proceedings whether by Bill or Petition because that therein our Grievance may follow whereby by Her Majesty may specially understand them Sir Walter Rawleigh said I am urged to Speak in two Respects Sir Walter Rawleigh The one because I find my self touched in Particular the other in that I take some Imputation and Slander to be offer'd unto Her Majesty I mean by the Gentleman that first mentioned Tynn which was Mr. Martin For That being one of the Principal Commodities of this Kingdom and being in Cornwal it hath ever so long as there were any belonged to the Dukes of Cornwal and they had special Patents of Privilege It hath pleased Her Majesty freely to bestow on Me that Privilege and that Patent being word for word the very same the Duke's is And because by reason of my Office of Lord-Warden of the Stannaries I can sufficiently inform this House of the State thereof I will make bold to deliver it unto you When the Tynn is taken out of the Mine and Molten and Refined then is every Piece containing a Hundred Weight sealed with the Duke's Seal And by reason of this Privilege which I now have he ever had the Refusal in Buying thereof for the words of the Patent are Nisi nos emere voluimus Now I will tell you That before the granting of my Patent whether Tynn were but at Seventeen Shillings and so upward to Fifty Shillings a Hundred yet the poor Workman never had but Two Shillings a week finding himself But since my Patent whosoever will work be Tynn at what price soever they have Four Shillings a week truly paid there is no poor that will work there but may and have that Wages Notwithstanding if all others may be Repealed I will give my Consent as freely to the Cancelling of this as any Member of this House Sir Francis Hastings said It is a special Honour to this Assembly to give freedom of Speech to all and howsoever some have been heretofore troubled yet I Joy to see so great Reformation that we may speak quietly and be heard peaceably every man hath not a like Sense or Judgement neither is every mans memory alike I wish that if any Gentleman that speaks of this or any other Subject as curious shall let fall any word amiss or unpleasing that it may be Attributed rather to earnestness than want of Duty This Speech proceeded in respect of Sir Walter Rawleigh's sharp Speech as also of the great Silence after it Mr. Snigg wisht a Commitment to Devise a Course Sir Robert Wroth wished a Commitment in which a Course might be devised how Her Majesty might know our Special Griefs Mr. Downall said Mr. Downall's Proposal As I would be no let or over vehement in any thing so I am not sottish or senceless of the common Grievances of the Common-wealth If we proceed by way of Petition we can have no more gratious Answer than we had the last Parliament to our Petitions Since the Parliament we have had no Reformation And the Reason why I think no Reformation hath been had is because I never heard the Cries against Monopolies greater and more vehement Mr. Johnson said Mr. Johnson's With and good Opinion of the Queen Mr. Speaker I will be very short I say only thus much I would we were all so happy That Her Majesties Gratious Self had heard but the fifth part of that that every one of us hath heard this day I think verily in my Soul and Conscience we should not be more desirous in having these Monopolies called in than She would be earnest therein her self So it was put to the Question Agreed to be Committed When the Commitment should be And agreed to morrow in the afternoon in this House On Saturday Novemb. 21. A Bill for Explanation of the Statute made 21 Hen. 8. Cap. _____ touching Loading and Unloading of Merchandize the first time Read A Bill for the Reducing of those which be Brewers within the City of London and Suburbs thereof and within Two Miles Compass of the same into the said Company of the said City A Bill to Enable Sir Anthony Maney Knight and Anthony Maney Esquire his Son to make Sale of certain Lands of John Maney his Father Deceased Read the first time A Bill for Levying of Fines with Proclamation of Lands within the County of the City of Chester put in the Sixteenth of November 1601. The Substance of the Bill is That Fines Levied before the Mayor at the Portmoot-Court should be Available and the Conusors of Fines may take by Dedimus potestat Vide 2 Edvardi 6. Cap. _____ and 21 Hen. 7. Cap. _____ A Bill for Fines with Proclamation within the County of Chester Mr. Wingfeild brought in the Bill for Dreined Grounds Sir Edward Hobby said A Gentleman a Good Member of this House Sir John Gray was Served with a Subpoena in Chancery Ad Respondendum 30 Nov. ad sectam Roberti Atkins If no Order be taken herein I think for my own Part both the House and the Privileges thereof will grow in Contempt I wish that the Serjeant may be sent for the Party and that some Exemplary Punishment may be inflicted Mr. Doyley said Mr. Speaker We spend much time which is now Precious in Disputing of Privileges and other Matters of small Impertance For my own Part I think no time should be spent herein but that a Writ of Privilege may be Granted Mr. Johnson said Mr. Speaker Our own Lenity is the Cause of this Contempt And until some special Punishment be Inflicted it will not be otherwise Mr. Francis Moore brought in the Bill touching Sir Francis Seymor Knight A Bill to avoyd the deceitful Stretching or Tentoring of Woollen Cloths Committed to the former Committees of Woollen Cloths Sir Edward Seymor's Bill was put to the Question and Ordered to be Ingrossed A Bill for the Erecting and making an Harbour or Key on the North-part of Devon in the mouth of the River Severn was read Mr. Zacharias Locke said Mr. Speaker I am not against this Bill
Ass an Indictment was brought against Bakers and Brewers for that by colour of License they had broken the Assize Wherefore according to that Precedent I think it most fit to Proceed by Bill and not by Petition Mr. Secretary Cecil said Secretary Cecil against the Bill If there had not been some Mistaking or Confusion in the Committee I would not have now spoken The Question was Of the most convenient Way to Reform these Grievances of Monopolies But after Disputation of that Labour we have not Received the expected Fruit. If every Man should take Leave to Speak for the Common Subject I am afraid in these vast Powers of our Minds we shall Dispute the Project and Reformation quite out of Doors This Dispute draws Two great Things in question First The Prince's Power Secondly The Freedom of English-Men I am Born an English-Man and a Fellow-Member of this House I would desire to Live no Day in which I should Detract from Either I am Servant to the Queen and before I would speak or give my consent to a Case that should debase Her Prerogative or abridge it I would wish my Tongue cut out of my Head I am sure there were Law-Makers before there were Laws One Gentleman went about to possess Us with the Execution of the Law in an Antient Record of 50 Edvardi 3. Likely enough to be True in that Time when the King was afraid of the Subject Though this Presence be a Substance yet it is not the whole Substance of the Parliament For in former Times all Sate together as well King as Subjects And then it was no Prejudice to His Prerogative to have such a Monopoly Examined If you stand upon Law and dispute of the Prerogative hark what Bracton saith He gives the Speaker a Caution Prerogativam nostram nemo audeat Disputare c. For my own Part I like not these Courses should be taken And you Mr. Speaker should perform the Charge Her Majesty gave unto you at the Beginning of this Parliament Not to receive Bills of this Nature For Her Majesty's Ears be open to all our Grievances and Her Hands stretched out to every Man's Petition For the Matter of Access I like it well so it be first moved and the Way prepared I had rather all the Patents were burnt than Her Majesty should lose the Hearts of so many Subjects as is pretended She will I will tell you what I think of these Monopolies I take them to be of Three Natures Some of a Free Nature and Good some Void of themselves some both Good and Void For the First For the Prince to Dispense with Penal Laws That is left to the Alteration of Sovereignty I mean Powerful and Irrevocable For the Second As to grant that which taketh from the Subject his Birth-right and such Men as desire such Patents I count them Misdoers and wicked and wilful Offenders For the Third As the License for the Matter of Cards c. And therefore I think it very fit to have a New Commitment to consider what Her Majesty may grant and what not And what Course we shall take and upon what Points c. Dr. Stanhop and Dr. Hone were sent from the Lords with a Bill Entituled An Act for the Uniting of Eye and Dunsden to the Mannor of Sunning Mr. Mountague said Mr. Speaker Mr. Mountague I am loth to Speak what I know lest perhaps I should Displease The Prerogative Royal is that which is now in question and which the Laws of the Land have ever allowed and maintained My Motion then shall be but this That We may be Suitors unto Her Majesty That the Patentees shall have no other Remedies than by the Laws of the Realm they may have and that our Act may be drawn accordingly Mr. Martin said I think the Common Grievance Mr. Martin and the Queen's Prerogative have so Inspired the Gentleman that last spake whom for Reverence sake I must needs name Mr. Mountague to make that Motion he hath done And because the House seems greatly to Applaud it may it please you Mr. Speaker to put it to the Question Whether that shall be Determined of at the Committee So it was again Committed to the Afternoon and agreed That as well That as Mr. Secretary's Motion should be Determined upon by the said Committee Mr. Francis Moore brought in a New Bill against Pluralities of Benefices with the same Title as the former At the Committee in the Afternoon touching Monopolies A List of certain Monopolies and to whom Granted A Gentleman shewed me a Note of certain Monopolies and to whom Granted viz. 1. To Sir Henry Nevill the Patent for Ordnance 2. To Simon Farmor the Patent for Lists Shreads and Horns to be Transported 3. To Henry Noell the Patent for Stone-Pots and Bottles 4. To Brian Ansley the Patent for Steel 5. To Elizabeth Matthews the Patent of Oyl of Blubber 6. To Richard Drake the Patent for Aqua-Composita and Aqua-Vitae 7. To Michael Stanhopp the Patent for Spanish-Wools 8. To Thomas Cornwallis a License to keep unlawful Games 9. To Mr. Carr a Patent for Brewing of Beer to be Transported 10. To John Spillman a Patent to make Paper 11. To Edward Darcy a Patent for Cards 12. To Mr. John Packington a Patent for Starch 13. To Sir Walter Rawleigh a Patent for Wines The Patent for Bottles was lately made void by Judgment in the Exchecquer Mr. Davies moved the House first Mr. Davies That he for his part thought the Proceeding by Bill to be most Convenient for the Precedent in the 50 Edvardi 3. warranteth the same And therefore let us do Generously and Bravely like Parliament Men and our selves send for Them and their Patents and Cancel them before their Faces Arreign them as in times past at the Bar and send them to the Tower there to remain until they have made a good Fine to the Queen and made some part of Restitution to some of the Poorest that have been oppressed by them And withal Laughed Mr. Martin Mr. Martin after a long Speech made touching these Monopolies he thus concluded And therefore the Gentleman that last spake spake most Honestly Learnedly and Stoutly Yet thus much I must needs say His Zeal hath masked his Reason and that I think was the Cause of his fervent Motion which I desire may be cooled with a Petition in most dutiful Manner and humblest Terms most fitting to the Majesty of the Queen and the Gravity of this House So I doubt not but our Actions will have prosperous and successful Event Mr. Secretary Cecil read a Paper of Three or Four Sheets openly Secretary Cecil reads a List of Patentees and their several Patents of all the Patents granted since 16 Reginae And first he read in the 17th of the Queen A Patent to Robert Sparke to make Spangles and Owes of Gold 18 Reginae A Patent to Sir Edward Dier To Pardon Dispense and Release all
Resolutions according to your Commandments A Bill for making the Parks of Noblemen and Gentlemen of the Realm for the Keeping and Breeding of Horses On Wednesday Novemb. 25. A Bill for Enlarging a Branch of the Statute of 25 Eliz. Cap. 8. touching Gashing of Hides A Bill concerning the Assize of Fuel A Bill for the Levying of Fines with Proclamation of Lands within the County of the City of Chester A Bill for the Re-uniting of Eye and Dunsden to the Mannor of Sunning read the first Time A Bill For the enabling of Edward Nevil of Burling in the County of Kent Esq and of Sir Henry Nevil his Son and Heir Apparent to sell certain Coppy-hold-Lands This Act was brought in after Commitment by Sir Edward Hobby who at the delivery thereof shewed to the House That they had put out Esq in the Title in respect that they would not leave such a Title as Esq for a Monument of Record in Parliament lest perhaps it might in After-ages be a prejudice to the Title of the Lord Abergaveny Also we have said he left out all other Words and Clauses touching that Point As also have added a Proviso For saving of the Right of the two Mr. Vanes Sons to the Lady Vane because the Elder of them layeth Title to the Barony And thus they both being at the Committee with their Councel have given consent to the Bill The Gentlemen are both in the House and can testify as much Therefore I think it good it were put to the Question for Ingrossing And so it was and all said I I I. The Exchecquer-Bill was read The Bill against Trifling Suits was put to the Question And ordered to be Ingrossed The Bill to prevent Perjury and Subordination of Perjury and unnecessary expences of Suits in Law A Bill to prevent the double Payment of Debts upon Shop-Books which was put to the Question for the Ingrossing And most said No. Mr. Speaker after a Silence and every one marvailing why the Speaker stood up spake to this Effect The Speaker delivers a Message from the Queen It pleased Her Majesty to command me to attend upon Her Yesterday in the Afternoon From whom I am to deliver unto you all Her Majesties most gratious Message sent by my unworthy self She yeildeth you all hearty thanks for your care and special regard of those things that concern Her State and Kingdom and Consequently our selves whose Good She hath alwayes tendred as Her own For our speedy Resolution in making so hasty and free a Subsidy which commonly succeeded and never went before our Councels For our Loyalty I will assure you with such and so great Zeal of Affection She uttered and shewed the same that to express it with our Tongues we are not able neither our Hearts to conceive it It pleased Her Majesty to say unto me That if She had an Hundred Tongues She could not express our hearty good Wills And further She said That as She had ever held our Good most dear so the last Day of ours or Her Life should Witness it And that if the least of Her Subjects were Grieved and Her self not Touched She appealed to the Throne of Almighty God how careful She hath been and will be to defend Her People from all Oppression She said That partly by Intimation of Her Councel and partly by divers Petitions that have been Delivered unto Her both going to Chappel and also Walking abroad She understood That divers Patents that She had granted were grievous unto Her Subjects and that the Substitutes of the Patentees had used great Oppression But She said She never assented to Grant any thing that was Malum in se And if in the Abuse of Her Grant there be any thing that is Evil which She took Knowledge there was She Her self would take present Order for Reformation thereof I cannot Express unto you the apparent indignation of Her Majesty towards these Abuses She said Her Kingly Prerogative was tender and therefore desireth us not to speak or doubt of Her careful Reformation For She said her Commandement given a little before the late Troubles meaning the Earl of Essex's Matters by the unfortunate event of them was not so hindred but that since that time even in the midst of Her most weighty and great Occasions She thought upon them And that this should not Suffice but that further Order should be taken presently and not In futuro For that also was a Word which I take it Her Majesty used and that some should presently be Repealed some Suspended and not put in Execution but such as should first have a Trial according to the Law for the Good of Her People Against the Abuses Her Wrath was so Incensed that She said She neither would nor could suffer such to escape with Impunity So to my unspeakable Comfort She hath made me the Messenger of this Her gratious thankfulness and care Now we see that the Axe of Her Princely Justice is put to the Root of the Tree And so we see Her Gracious goodness hath prevented our Councels and Consultations for which God make us thankful and send her long and long to Reign amongst us If through my own Weakness of Memory Want of Utterance and Frailty of my self I have omitted any thing of Her Majesties Commands I do most humbly crave pardon for the same And do beseech the Honourable Persons which do assist this Chair and were present before her Majesty at the Delivery hereof to supply and help my Imperfections which joyned with my Fear have caused me no doubt to forget something that I should have Delivered unto you After a little Pause and Silence the Councel talking one with another Mr. Secretary Cecil stood up and said There needs no Supply of the Memory of the Speaker Secretary Cecil Speaks to the same purpose but because he desires some-that be about him to aid his Delivery and because the rest of my Fellows be Silent I will take upon me to Deliver something which I both then heard and since know I was present with the rest of my Fellow-Councellours and the Message was the same that hath been told you And the cause hath not proceeded from any particular course thought upon but upon private Information of some particular Persons I have been very Inquisitive after them and of the Cause why more importunity was now used than before which I am afraid comes by being acquainted with some course of our Proceeding in this House There are no Patents now of Force which shall not presently be revoked for what Patent soever is Granted there shall be left to the overthrow of that Patent a Liberty agreeable to the Law There is no Patent but if it be Malum in se the Queen was ill apprised in Her Grant but all to the generality are unacceptable I take it there is no Patent whereof the Execution thereof hath been Injurious would that had never been Granted I hope there shall never
and wished the House to advise what they would do with the Prisoners that served Sir Edmund Morgan and Mr. Pemberton with Subpoena's and shewed that they were ready at the Door to Attend. Mr. Tate said Mr. Tate speaks to their Privileges I will be bold to offer Two Precedents to this House touching serving of Subpoena's Yet first let us enter into Consideration of the Force of the Privileges we now have It is manifest and I think no Man doubteth but that heretofore the Houses of Parliament were both one without Division and That the United Body of the Parliament had the same Privileges and Jurisdictions which we now have And Though there be a Cession or Separation of the United Body yet the Privileges do still remain entire For by most Antient Records of this Realm it plainly may appear That the same Privileges serve Both Houses The First Precedent is in King Edward the First 's Dayes when the Templars had certain Tenants in the Parliament-House which were behind with their Rents and they made Humble Petition to the King That they might Distrain either their Bodies or their Goods for the same The King as it appeareth answer'd Non videtur honestum quod aliquis de Magno Parlamento nostro distringatur So that it seems we are privileged from all kind of Distress whatsoever The Second is One Bago de Clare did presume to serve a Citation upon Edmond Earl of Cornwall within Weslminster-Hall as he was going to the Parliament for which he was sent to the Tower and made to submit himself De alto basso and a Fine of Two Thousand Marks imposed upon him which he truly Paid Besides because Westminster-Hall was within the Liberties of the Abby of Westminster he was Fined One Thousand Pounds for his Contempt but by Mediation of the Bishops it was reduced to One Hundred Pounds which he also paid to the Abbot And our Use at this Day is not warranted by Precedents of Ancient Times For if a Man had been Arrested upon a Subpoena upon Notice given he should have had a Writ of Privilege which of course Her Majesty must have allowed Then he made a long Discourse upon Trewynnard and Skewish's case 35. Hen. 8. Dyer fol. 55. pl. 8. 36. Hen. 8. fo 59. pl. 17. Vide the Books Mr. Britten shewed That a Member of the House Mr. Phillips the Lawyer was served with a Privy-Seal out of the Court of Wards by one Thomas Deane servant to Mrs. Chamberlain a Widow who when he delivered the Process being told it would be taken in ill part by the House he said He cared not being told the House would punish him for it and bring him on his Knees He Answered His Mistress would bear him out and she made no doubt she should find as good Friends there as he had any Whereupon the House Ordered That she and her servant should be sent for by the Serjeant Mr. Holcroft said That many Complaints were made but none Punished many sent for but none Appeared There was a Matter complained of by one Mr. Morrice a Gentleman that had his Man Arrested at his Heels by the Bayliffe of Shrewsbury and nothing was done therein Mr. Morrice said That after the House had given Order to go he came said he unto me to Certify him of the Parties and Particulars and what he hath since done he knoweth not Mr. Roger Owen said May it please you Mr. Speaker my self being chosen for the Shire I think it my part to Speak something seeing the Burgesses for the Town neglect their Duties in not Speaking True it is that such Order was given by the House but Mr. Morrice and some others being willing to let me have the Examination of the Matter they came before me And upon Examination a Wife Examination no doubt said Mr. Secretary Cecil I found he was no menial Servant but only a Servant that brought him part of the Way and was to go no further with him towards the Parliament whereupon I think the Serjeant having some Notice staid Mr. Brown of Grays-Inn said It seems this Matter is shuffled up I humbly pray the Serjeant may be heard and all the House Cried I I I. After three Congees made the Serjeant shewed He was with Mr. Morrice and that he offered him to send one of his Men but because he was in doubt of finding him he desired some part of his Fees or Money for his Charges or Horses or else he would find Horses and get one of his Fellow-Serjeants to go because he could not well be spared from his Service if not he would for his more Expedition procure a Pursuivant to go with a Warrant under Mr. Speaker's Hand and the Honourable of the Privy-Councel ' in this House for the more speedy Passage All which Courses Mr. Morrice rejected I hope the House meaneth not that I should go or send on mine own Purse or hazard the Charge my self And therefore I hope this will be Sufficient for my Discharge And all the House Cried I I I. So no more was said of that Matter For the Speaker seemed to Favour the Cause And therefore he presently stood up and asked If the House would have the Prisoners in which Served Sir Edmund Morgan and Mr. Pemberton And all said I I I. And by this Shift the former Matter was shuffled over Christopher Kennel and William Mackerles were brought to the Bar the one for Serving Sir Edmund Morgan and the other Mr. Pemberton with a Sabpaena Christopher Kennel said Mr. Speaker and the rest of this Honourable House I am though poor a Gentleman Born and known to many in this Affembly this perhaps may be a cause to aggravate my Offence I hope there is no Man here that doth not know me and I am sure there is no Man which knoweth me but thinketh I would not willingly commit such an Offence as this is I have been sometimes though unworthy a Member of this House And I have seen and known the Justice of this House in the like Cases But Mr. Speaker if there be either Honelty or Christianity in me by the same I do protest that I knew not Sir Edmund Mergin was of the Parliament House which I think he will avouch himself And as soon as I heard it I went to Sir Edmuna's Chamber where I found him to reconcile my self and make an Attonement with him And as I was doing this Mr. Serjeant came into the Chamber and there Arrested me whose Arrest I most willingly Obeyed and do now acknowledge my self to have Offended though not Wittingly May it please you I have served Her Majesty these 18. Years in Her Wars and in all my Life I was never Trespasser in any Offence of this kind or nature I therefore do most humbly beseech you in your Wisdomes to have Consideration of the nature and circumstances of my Offence And most willingly I do submit my self to your Censures William Mackerless being a poor simple
Fellow could say nothing for himself but only That he knew not Mr. Pemberton to be of the House So the Serjeant was commanded to Remove them both forth Mr. Johnson said Some we Pardon out of Discretion some out of Commiseration I think set all Parliaments together they will not match this Parliament with Numbers of Offences of this Nature and only our Impunity is the Cause Mr. Edmond Morgan said Mr. Speaker The Gentleman is a Man of good Sort Desert and Carriage And I think if he had known me to be of the House he would not have served me with a Subpoena Truly he came to my Lodging and acknowledged his great Fault and prayed me to Extenuate it I protest I think he did not know I was of the House And therefore I pray in regard of his Person and good Service done to Her Majesty his Offence may be as freely Remitted by the House as it is by Me And that it would please you All to Refer your Justice to Matters of greater Importance Which was marvellously well liked by the House Mr. Pemberton being asked What he could say whether William Mackerles knew him He answer'd I and that his Man had told him he said That he knew the said William was a very Knave And therefore he would not intreat the Favour of the House but let him have the Justice of the House Which Speech was generally misliked Mr. Fleetwood a Councellor of Grays-Inn shewed unto the House That one Holland a Scrivener by Temple-Bar and his Man had Beaten his Servant and he humbly prayed they might be sent for And the Question grew upon Dispute in the House whether this were Punishable And after upon a Precedent vouched by Mr. Roger Owen of 8 Hen. 4. touching a Knight of the Parliament coming towards the Parliament c. it was agreed That they should be sent for Mr. Kennel and Mackerles were brought to the Bar And after their Offence laid open by the Speaker he said It pleased the House to have so favourable Consideration of their Offence That they should only have but Three Dayes Imprisonment in the Custody of the Serjeant and pay his Fees Mr. Downold moved the House Mr. Downold moves to have the Queen's Message entered in the Journal First That the Gracious Message sent from Her Majesty might be written in the Books of the Records of this House As well it is worthy to be written in Gold as well as written and fixed in the True Hearts of every good Subject Secondly That the Honourable of this House would move Her Majesty and be an earnest Means of Speed lest that which is now meant indeed should by Protraction of Time be altered or perhaps not so happyly Effected Mr. Secretary Cecil said Secretary Cecil speaks to it I promised to be as Silent as I could Amongst much Speech of the Wise there wants not much Folly much more in Me. I do not Speak because I do dislike the Motion of that Gentleman that last spake but to defend the Diligence and Grace of the Queen It is no matter of Toy for a Prince to Notifie in Publick a Matter of this Weight Though the Idol of a Monopoly be a great Monster yet after Two or Three Dayes I doubt not but you shall see him Dismember'd And I do protest there is not any Soul living deserves Thanks in this Cause but our Sovereign Yesterday the Queen gave Order for the Draught of a Proclamation I had the Minutes thereof even now in my Hands You all know I went even now out of the House then I Read it and sent for him that should Deliver it to Her Hands Now What needs this new Zeal Mr. Davies said Mr. Davies Mr. Speaker I stood up before to Speak It was not much I had to say only this That which was deliver'd unto You from Her Sacred self I think to be Gospel that is Glad Tydings And as the Gospel is Written and Registred so would I have that also For Glad Tydings come to the Hearts of the Subjects This is all Sir George Moore said Sir George Moore This eating and fretting Disease of Monopolies I have ever detested with my Heart and the greater the Grievance is and hath been the more Inestimable is the Grace of Her Majesty in Repealing them And therefore to think we can sufficiently Record the same it were to hold a Candle before the Sun to dim the Light And seeing that She in Her Clemency and Care to Us hath taken the Matter into Her own Hands I wish the Matter may be no more spoken of much less proceeded in Sir Francis Hastings said Sir Francis Hastings It ought to be Written in the Tables of our Hearts Mr. Laurence Hide I think that this Gentleman that set this Motion on Foot spake out of Joy for Her Majesty's Grace and Zeal to have Performance of Her Promise In that he wish'd it might be Recorded in Paper here or in Parchment it is not to be intended but he also meant in our Hearts which remain no longer than we Live but Records remain longer and will give a Lively Remembrance in Ages to come And therefore for that part of his Motion I think it very Good and wish the Clerk may do accordingly Mr. Comptroller said Mr. Comptroller I think that he that moved first this Question exceedingly forgat himself and exceedingly detracted from Her Majesty who I know out of her abundant Grace and Favour to this House hath taken such speedy Course as hath been delivered by my Fellow-Councellour With that Affection She embraceth this House that in more Familiar than Princely sort it hath pleased Her to say Recommend me to the House with Thanks for their Promise and Care for the Common Good Mr. Speaker said Mr. Speaker My Heart is not able to conceive nor my Tongue to utter the Joy I conceive for Her Majesty's Gracious and Especial Care for our Good and Wellfare Wherefore as God said Gloriam meam alteri non dabo so may Her Majesty say in that That She Her self will be the only and speedy Agent for the Performance of our most Humble and Wished Desires Wherefore let us not doubt but as She hath been so She still will be our most Gracious Sovereign and Natural Mother unto Us Whose Dayes the Almighty God prolong to our Comforts And all the House cryed Amen On Saturday Novemb. 28. The Bill Intituled An Act for Explanation of the Statute of 39. Eliz. Cap. 6. touching Charitable Uses was Read the second time to which Mr. Tate spake and said amongst other things that That could be no Law which was contrary to the Great CHARTER of England And this was because it gave Power against the Great CHARTER which giveth Challenges to Jurors which this Law alloweth not Therefore he wished there might be a Commitment to Consider whether it were fit to be continued or repealed And the House would have appointed Monday
But Mr. Secretary Cecil spake I told you of late That Her Majesty accepted of our Loves and Thanks But She Her self from our Selves by our Speaker would receive none till She had performed Her Promise which you may see is Accomplished and Proclamations extant in every Mans Hand Now because you shall not think but She will receive your Thanks which proceed from your Loves which is the greatest Pillar and Pearl of Her CROWN She hath appointed Monday in the Afternoon for that Purpose And if it please you to come with a Convenient Number of Forty Fifty or a Hundred they shall all be Welcome So the Committee was put over till Tuesday and they went to Name those that should go At the last at the Lower-End of the House they cryed All All All and so none were Named Robert Holland a Scrivener at Temple-Bar and Laurence Brook his Man were brought to the Bar for that they had beaten Mr. Fleetwood's Man a Member of the House The whole Matter was thus related to the House by Mr. Fleetwood viz. That he was bound as Surety with one Mr. Heydon for payment of Money at Holland's Shop which was paid and told there and the Bag after put up Mr. Fleetwood on Wednesday as he came by Holland's Shop was called in by Holland into the Shop and after into a Parlour where after chafeing and swearing that there wanted Ten Pounds Six Shillings of the Sum in the Bag and that he should not have his Bond until he had it Mr. Fleetwood called his man to justify the payment who did so Holland swore he Lyed like a Boy and a Rascal To which the Boy Answered If you say so I say that whosoever saith there was not so much Money he Lyeth With that Holland ran at him and thrust him into a Chimny-Corner and would have Stabbed him if Mr. Fleetwood had not taken the Daggar from him The Scriveners man who heard the bussle came in and not only struck Mr. Fleetwood but helped the Master to Beat the Man and after went again into the Shop through which Mr. Fleetwood and his Man went forth The Boy Mocked and jeared at him and Mr. Fleetwood telling him They should both answer it in the Parliament-House The Boy Answered My Master will warrant me I care not And it seemed by Holland who could not well be heard the aforesaid matter was true So after he was removed there was a great Dispute whether he should be sent to the Tower or Committed to the Serjeant And I verily think he had gone to the Tower if Mr. Fleetwood had not by chance spoken a word touching Mr. Anthony Maynard Secretary to the Old Lord Treasurer which happened thus When Holland Kneeling at the Bar had spoken for himself the Speaker asking Mr. Fleetwood What he could say He told all the Matter aforesaid But as he was at the begining some said At the Bar At the Bar which Mr. Fleetwood took to be a great Disgrace and said Mr. Speaker I have heard that Mr. Anthony Maynard hath given out Speeches in the behalf of this Holland and for some special Reason I think he is the Man that saith At the Bar. But the House push'd at him and bad to the Matter He fell again to speaking of Mr. Maynard then they did as before and so the Third time Then the Speaker wished him To leave that as a Private Matter and so fall to the Point After which he told the whole Matter aforesaid though I verily think there was no such thing done by Mr. Maynard for none spake against him and for the easy Punishment of the Scrivener but Mr. Maynard's Friends even some of the greatest Besides it seems by the many Councellors that spake for Holland That c. Mr. Francis Bacon said Mr. Francis Bacon I have been a Member of the House these Seven Parliaments and yet never knew of above two that were Committed to the Tower The first was Arthur Hall for saying The Lower-House was a new Person in the Trinity which because these words tended to the Derogation of the State of this House and giving absolute power to the other he was Committed The other was Parry that for a Seditious and Contemptuous Speech made even there pointing to the Second Bench was likewise Committed Now this Offence was not of the like Nature and very small not done to the Person of any Member of this House And therefore I think the Serjeant's Custody punishment sufficient Mr. Francis Moore said Mr. Francis Moore Why Mr. Speaker this Offence is ordinary my Man was well Beaten and carried to the Tavern and made Free of the Company of Gentlemen-Pages forsooth It were ridiculous for me to Complain but this is a Matter of greater Importance Mr. Jones of Grays-Inn said Mr. Jones Mr. Speaker I think this is a great Wrong For he hath charged him with Ten Pounds Six Shillings and yet sent the Bond which he would never have done if he could have justified his Charge The Tower is our Prison And in Courts of Common-Law if a man be Arrested but for Twenty Shillings he shall be in the same Prison with him that is Arrested for Ten Thousand Pounds and therefore I think best he were Committed to the Tower So after other Consultation and Debate it was put to the Question and agreed he should be in the Serjeant's Hands five Days and also his man And that they should pay double Fees Sunday Novemb. 29. On Monday Novemb. 30. The Bill for Redress of unsized Bread Read the first time and it hath a Limitation to the end of the next Parliament A Bill for the Repairing and Amending of two Bridges over the River of Eden in the County of Cumberland adjoyning to the Walls of the City of Carlile Read the first time Doctor Caesar brought in a Bill from the Committees Entituled An Act for the making of a Hold or Key in the North-Parts of Devonshire A Bill that no Person or Persons shall use the Art or Mystery of Poulterers in London or within Forty Miles thereof unless he hath been an Apprentice Seven Years thereunto Read the first time And the House cryed Away with it And being put to the Question for a Second Reading all cryed No No No. A Pill for the Perfecting of the Joynture of Bridget Countess of Sussex by the Right Honourable the Earl of Sussex and to the Right Honourable Anne his Wife now Countess Mr. Comptroller said Mr. Comptroller's Message from the Queen I am to Certifie you of the Queen's Gladness and Willingness to hear the Acceptable News that was deliver'd unto Her from this House of the Humble and Earnest Desire of us all to see Her Majesty and to shew our Thankfulness She commanded me to tell you That the Reason of Her Limitation of having a Convenient Number was in that the Place whereinto we should come was not big enough to Receive us all But She saith That She is Glad
Think you a Penalty of Ten Shillings as is here set down will make us refrain this Iniquity I may speak of this Bill as a Painter which made a most Artificial Table of the Waves of the Sea so Lively that to the Judgment it seemed the very Sea Another Painter in the same Table Painted a Tree so Lively as it might be thought it were growing out of the Sea There grew a Question Which was the most Curious Work-manship and the Deciding of this Controversie was referred to the Judgment of a third Skilfull Painter who gave his Judgment of the Tree thus O valde bene sed hic non erat locus So may I say of this Bill It is as hard for this Penalty to restrain this Sin as it is for Religion to spring out of the Common-Law and to take Effect Aristotle saith That a Men may be Bonus Civis and yet not Bonus Vir. And though I abhor the Sin yet I deny not but the Sinner may be a good Member Moses when he saw God could but see his Back-Parts only and no Man ever saw more But these Swearers Swear by all his Parts so perfectly as if they had seen Film all over Philip King of France made a Law That the Swearer should be Drowned Another Law was made That a certain Sum should be paid presently so soon as he had Sworn or else the Swearer to lose his Head We use so much Lenity in our Law as we had as good make no Law For we give a Penalty and to be taken upon Conviction before a Justice of Peace Here 's wise stuff First Mark what a Justice of Peace is and we shall easily find a Cap in our Law A Justice of Peace is a Living Creature that for half a Dozen of Chickens will Dispence with a whele Dozen of Venal Statutes We Search and Ingross they retail These be the Basket-Justices of whom the Tale may be Justified of a Justice whom I know to whom one of his Peor Nighbours coming said Sir I am very highly Rated in the Subsidy-Book I do beseech you to help me To whom he answer'd I know thee not Not me quoth the Country-man Why He gives the Justices of the Peace in the Country a severe Lath. your Worship had my Team and mine Owen such a Day and I have been ever at your Worship's Service Have you so quoth the Justice I never remember I had any such Matter not so much as a Sheeps Tail So unless you offer Sacrifice unto these Idol-Justices of Sheep and Oxen they know you not If a Warrant come from the Lords of the Council to Levy a Hundred Men he will Levy Two Hundred And what with Chopping in and Crossing out he will gain a Hundred Pounds by the Bargain Nay if he be to send forth a Warrant upon a Mans Request to have any setch't in upon Suspicion of Felony or the like he will write you the Warrant himself and you must put Two Shillings in his Pocket as his Clerk's Fee when God knows he keeps but two or three Hindes for his better Maintenance Why we have had here Five Bills One against Swearing another for Going to Church Good Ale Drunkenness and This is as good to them as a Subsidy and Two Fifteens Only in that Point I mislike the Bill for the rest I could wish it good Passage Sir Francis Hastings Sir Francis Hastings amongst other Speeches in this Bill said That such Justices were well worthy to be looked up in an Ambry But he wished That All might not be Censured for one evil One who though he neglected both the Care of Conscience and Country which he should not do yet doubtless many did not so as being touched in Conscience to remember That our long Peace should make us carefull to please Him in doing Justice that had preserved us and was the Author of our Peace even God himself So the Bill was put to the Question and Order'd to be Ingrossed Mr. Wiseman moved the House to remember two things One that it had been an ancient Custom in Parliament sometimes to call over the House which was not yet done Mr. Wisman moves for a Parliament-Collection The Other That where heretofore a Collection had been used for the Poor That those which went out of the Town before the Parliament ended would ask Leave of the Speaker and pay his Money Sir Edward Hobby said The Gentleman that last spake Moved you but I would Remove you a little further May it please you It hath been a most Laudable Usage That some Contribution or Collection should be made amongst us in pios usus And I pray you let us not forget our Parliamental Charity Every Knight paid Ten Shillings and every Burgess Five Shillings to be thus disposed of part of the Whole to the Minister part to the Servants here and part to the Poor the rest at you disposements The last time our Charity ransomed a Prisoner for his Father 's good Desert The last time Sir Robert Wroth and Mr. Fettyplace were Collectors It rests in you either to appoint them now or choose others Mr. Fettyplace said It is true Mr. Speaker Mr. Fetty place shews how the last was disposed of I was Collector the last time and there was paid out of the Money Collected to the Minister Ten Pounds to the Serjeant Thirty Pounds to Mr. John Leveson for the Redemption of Mr. Fox's Son that made the Book of Martyrs Thirty Pounds There was Money given to Seven Prisons the two Compters Ludgate and Newgate in London to two in Southwark and one in Westminster How old the Custom is I know not but how good it is I know For my own part having one undergone that Service a ready I humbly pray that it would please you to appoint another Mr. Tate said Charity proceeding from Conscience and not from Custom breeds Obedience to God and pleaseth God and so went on and spake for a Town in his Country lately Burnt That it would please the House to contribute somewhat to the Poor's loss there Mr Roger Downs brought in the Bill for Ratlesdale with some Amendments The Bill for Assurance of a Joynture to Lucy Countess of Bedford being Ingrossed passed the House and was sent up to the Lords A Bill for the Denization of certain Persons viz. William Millet Ann Pope George Chambers Peter Eaton and Nicholas Tooley being Ingrossed passed the House and was likewise sent up to the Lords with the other The Bill for Confirmation of divers Letters-Patents made by Edw. 6. to Sir Edward Seymor Knight his Grand-Father being Ingrossed passed and was sent to the Lords The Bill for the better Observation of certain Orders in the Exchecquer Ingrossed and passed and sent up to the Lords The Bill for Avoiding of trifling Suits being Ingrossed and passed was sen to the Lords Sir Robert Wroth said Mr. Speaker The Use hath been That the general Bills should be first Read and
then the private and they that carry them to give some brief Commendation of them Mr. Speaker said Who shall carry these Bills And all desired That Mr. Comptroller and Mr. Secretary Hobart would be pleased to present them Sir Walter Rawleigh brought in the Bill for Shop-Books with some Amendments One was in the Title for that it was thought to be an Imputation to Merchants And another thing I would move the House in he said and that is That there might be a Proviso for Sums under Five Pounds And because the greater part of the Committee were against it I thought fit to move it here And all the House cried No. Mr. Tate brought in the Bill touching Sir Anthony Maney to which Mr. Johnson of Grays-Inn excepted and shewed That his Wife was a Maney and though himself were far off in Remainder yet he desired the House would be pleased to except his Right for said he Nemo sapit qui sibi non sapit And therefore I presume to speak for my self And I hope the House will not give passage to the Bill Mr. Boyes shewed He was so far off as at least in the Seventeenth Degree and so the House called to the Question whether it should pass And all cried I I I. Mr. Davis brought in a Bill Mr. Davis moves in the Bill for the Painter-stainers against the Plaisterers for the Painter-Stainers for the remedy of certain Abuses done by the Plaisterers to the prejudice of that Company He shewed That this Bill was preferred the last Parliament and upon special Suit of the Citizens of London of this House the Bill was let Slip and a promise made That the Lord Mayor should finally end it betwixt the two Companies But after the same Parliament was done the Plaisterers went from their words so now the poor Men complain to you for Redress And since the beginning of this Parliament the Plaisterers are contented to enter into Bond but they will Break that too no doubt being but of small value And the Painter's Trade if it be not helped by us will go down which is the finest Trade in the World For Courtiers Knights Lords Earls Kings yea Emperours have used it They only desire to Work in Oyl as a thing incident to their Trade to make Pictures by the Life to draw Armory and Paint in Glass-work Houseing and the like Now if their be One Hundred Apprentices not Four come to the perfection of Painting by the Life and all their Trade and Gain in the other things is by the Plaisterers now usurped who are only to meddle with Loame Morter and the like yet the Painter-stainers have given them leave to use their Four Principal Colours c. Mr. Spicer said Mr. Spicer Seconds it As I wish no Man should meddle with anothers business so I wish that no Trade should meddle one with anothers Mysteries I know the Colours belong to the Painters the gross and ground-Work to Plaisterers and briefly Mr. Speaker Quam quisque nôrit artem in hac se exerceat So it was put to the Question for Ingrossing and all cried The Bill Ordered to be Ingrossed I I I. The Amendments in the Bill for Avoiding of double payment of Debts upon Shop-Books were Read Mr. Beeston shewed how good this Bill would be to keep Young Men from running too far in Debt Mr. Beeston about Book-Debts and avoiding double Payment He gave an Example of a Mercer That gave a Piece of Velvet for a Kindness done but dying Sixteen Years after the Delivery the Executor of this Man sued the Gentleman He desired to see the Book and there was Entered Delivered such a Day to such a Man so Much. The Gentleman advised with Councel what to do They told him No Remedy but to Wage his Law The Manner thereof being told him rather than he would have his Credit drawn in Question he paid it He further said They have two kind of Books the one where the Particulars be and that upon Payment is lightly Crossed The other General where the Gross Sum is and that is called The Book Dormant Out of which if you see not your Self Crossed perhaps you or your Executors may pay for it Twenty Years after It was put to the Question and the House being Divided the I I I had 154. and the Noes 88. So the I I I got it by 66. Mr. Speaker said First I am by Her Majesty's Commission Mr. Speaker gives an Account of the Queens Speech to make Report unto you of that Notable and Excellent Speech which Her Majesty deliver'd I shall deliver unto You but a Shadow of that Substance But I greatly Rejoyce that so many were there present who are well able to supply to others the True Report of Her Majesty's Speech IT pleased Her Majesty to shew In what gracious sort She accepted our Loyalty She said She Rejoyced not so much to be a Queen as to be a Queen over so Thankful a People and that God had made Her a Means to save us from Shame Tyranny and Oppression She did Accept of our intended Present which she said manifested our Love and Loyalty most graciously affirming That She was never any greedy Griper or fast Holder and what We did present She would not hoard up but Our Eyes should see the Bestowing of it For the Thanks which were yielded Her for Her great Regard of Us She willed me to return Her Thanks to You most Graciously and to tell You That Her Heart never inclined to pass any Grant but upon Suggestion that it was for the Good of Her Subjects and now that the Contrary appeared She took it Graciously that the Knowledg thereof came from Her Subjects She said She ever set the last Judgment before Her Eyes and never Thought arose in Her but for the Good of Her People If Her Grants were abused to their Hurts it was against Her Will and She hoped God would not lay their Culps and Offences to Her Charge and the Principal Members not touched And had it not been for these Her good Subjects She had fallen from Lapse into Error Those that did speak against them She thought spake out of no Spleen or Displeasure to the Grants but to deliver the Grief of their Hearts which above any Earthly Treasure She respected She said She was not allured with the Royal Authority of a KING neither did She Attribute any thing to Her Self but all to the Glory of GOD. She said The Cares and Troubles of a Crown are known only to them that Wear it And were it not more for Conscience-sake than any Desire or Want of Disposition in Her these Patentees should not escape without Condigne Punishment She desired not to Reign longer than that Her Government and Reign should be for our Good She said We might well have a Prince of more Wisdome and Sufficiency but of more Love and Affection we should never have Her Majesty deliver'd a Commandment to Mr.
with a Dozen of Penal Statutes I think it is well known that the Honourable that sit about the Chair and all the rest of Her Majesty's Privy-Council have and do hold the same Place and this toucheth Them as well as Inferiour Justices And therefore I humbly pray He may answer it at the Bar and that it may not be put off with Silence Mr. Hide said Every Man agrees this Bill hath good Matter Mr. Hide for the Bill and we all consent to the Substance though dissent to the Form Some have more Wit some more Understanding than others If they of meaner Capacity and Judgment speak Impertinently let not us in a Spleen straight ways cry Away with the Bill But let us give it the same Favour that we give to Bills of far inferiour Nature and of less Moment That is a Commitment So the Bill was committed to the former Committees The Bill committed the Place of Meeting appointed the Exchequer-Chamber and to Morrow in the Afternoon the Time Mr. Doyley said Mr. Speaker I would move but one Question Mr. Doyley moves against the Slanderers of Justices that is What shall be done against those two general Slanderers of Justices of the Peace Mr. Mountague Junior said The words Luxuriant Authority Mr. Mountague seconds and the heavy Yoke of a Justice of Peace are words dangerous and hurtful and prejudicial to Her Majesty's Honour And therefore I think fit they should both be called to the Bar to answer it Mr. Glascock said I protest again Mr. Speaker Mr. Glascock's Protestation I spake it only of those Justices that make it their Living to gain by their poor Neighbours Sir Francis Hastings said If all things spoken should rest within the Walls of this House Sir Francis Hastings against them I could well be content to be Silent But when this Scandal which I wish might be so Reformed it might be made an Example shall be blazed abroad as a general Slanderous Imputation of Justices and the Stirrers up thereof not punished this perhaps would touch the Credit of those whose Credit I think cannot well be Tainted He that sits against me pointing at Mr. Bond is my Country-Man and I am sorry he should thus lose his Way But my Conscience tells me Amicus Socrates amicus Plato sed magis amicus veritas Two dangerous and seditious Speeches have been made by him But I hope the House will not conceive so basely of Justices of the Peace or their Authority who deserve well of Queen and Country because it comes from him I say no more I know what it is Howsoever it is a Luxurious Speech and not to be suffer'd In speaking against the Bill he shewed the little good Will he had to the Passage of the Bill He likened his Speech to Paphnutius's Speech who spake in a General-Council to defend Religion but this Man speaketh to Oppugne it Have we now lived Forty Three Years under Her Majesty's Happy and Religious Government and shall we now dispute Whether it is fit to come to the Church Parry desired no more who in that Place Pointing to the Right Side of the Chair so soon as the Bill touching Seminaries was brought in called it a Bloody Bill a Tyrannical Bill a Bill of Confiscation of Goods I pray how far stretcheth this Grande Jugum But to a poor Twelve Pence The Speech was Insolent and in regard to Her Majesty's Honour I wish it might be answer'd There Pointing to the Bar. And the House said No No No. Mr. Bond said Mr. Bond 's Apology for himself I would be loth that any Speech of mine should offer any offence being spoken in the behalf of the Country for which I Serve I know their grievous Complaints against the Execution of Laws by Justices The word Luxuriant as I used it I wish may be Construed in this Sense All Penal Laws refer their Execution to Justices of the Peace In that Respect because the Authority of Justices of the Peace seemed to me to be too Powerful over the Subject in that Respect I thought it Luxuriari But I think far otherwise of these Church-Neglecters Mr. Martin said Luxuriari is to abound and therefore the Poet saith Luxuriatur agris And I wish all those that would slander Her Majesties Government by Colour of their Authority in Oppressing the Subjects that they may Perish A Bill against Drunkards and common haunters of Ale-houses and Taverns upon Ingrossment it was Read and Passed A Bill for Reformation of Abuses committed A Bill against Abuses in Inns c. in Inns Taverns Ale-Houses and Victualling-Houses was Read To which Sir Walter Rawleigh said Sir Walter Rawleigh against it That if a Man had a Mannor which might inquire for the Defaults of Ale-selling by full measure This Privilege was now lost by this Bill Another there was a dissability for ever after of being an Inn-Keeper How dangerous this might be to the Inheritance of those that had Inns some at One Hundred Pounds per annum and how dangerous to the Inn-keepers that might by negligence of a Servant suffer he left that to the discretion of the House Mr. Browne of Grays-Inn shewed That Sixteen Hundred Quarters of Malt was saved by this course taken in Somerset-shire that Mr. Phillips could testifie who is now Knight of the Shire And that in Wells the Lord Chief Justice of England affirmed That Fifty Quarters of Malt and Fifty Quarters of Barley were saved in one Year Mr. Serjeant Harris said If two False Witnesses come before a Justice and swear against a Man for a little short Measure he is without Remedy and every Punishment ought to be Secundum qualitatem delicti And for so small a Matter Disability is too great a Punishment A Bill to avoid the Double Payment of Debts upon Shop-Books was Read Mr. Browne of Grays Inn found indeed a considerable Fault in this bill by reason of the Generality which was Debts and not set Debts upon Shop-Books So it was found to be true and the Bill was like to be cast out for the House would not have had it mended Sir Robert Wroth said I have been of this House these Forty Years and ever knew that a Bill before Passage might be Amended So it was in the Bill for Tillage the Last Parliament Wherefore I would wish That it might rest until to Morrow and then to be Amended And all cryed I I I. On Thursday Decemb. 3. A Bill for the Repairing and Amending of Two Bridges over the River of Eden in the County of Cumberland adjoyning to the Walls of the City of Carlisle was Read the second Time and Committed The Place appointed for Meeting was the Checquer-Chamber to Morrow in the Afternoon A Bill for Curriours A Bill for Strengthening the North-Parts and for Building of a Peer at New-Haven Read the second Time and Committed The Committee to Meet in the Exchecquer-Chamber to Morrow in the Afternoon A Bill to
an Original Writ within the Year and so let it lie dormant After which Motion The Bill passed the House after four Hours Argument and sitting till three quarters of an hour after Twelve was devided The I I I. had 151. Voices and the Noes 102. so the Bill passed by 49. Voices Then the Noes should have fetched the Bill and goe out with it because it was at the passage of the Bill but because the time was past and it was very late and several Committees to sit this afternoon they were dispensed withal On Friday Decemb. 4. A Bill for the Repealing of a Statute made 14. Reginae for the length of Kersies A Bill touching Weights and Measures A Bill for the Confirmation of the Authority of the Mayor Aldermen and Citizens of London touching St. Katharin's Creed-Church London was Committed the place and time appointed for Meeting Doctors Commons on Friday next at two of the Clock in the afternoon A Bill intituled an Act for the Assuring of the Patronage of the Vicarage of Rotherston to Thomas Venables Esquire brought in by Mr. Clayfeild of Grays Inn who shewed That all the Parties were agreed to the Bill and called at the Committee to the Amendments was put to the Question and Ordered to be Ingrossed A Bill for Dreining of certain Grounds in the Fenny Countries after Commitment now brought in by Sir Robert Wroth who certified the House only of one little Amendment and the Omission of a long and Frivulous Proviso was also put to the question and Ordered to be Ingrossed A Bill to prevent Perjury and Subornation of Perjury and unnecessary expences in Suits in Law after commitment yesterday it was brought in by the Collector of this Journal who was Chosen to Report it to the House He shewed That the Committees had only put in the word That and commanded him to offer to the Consideration of the House the substance of the Bill c. and so he Recited it As also that there was Disputed an Exception That no Suits might be removed that were under Forty Shillings but for that perhaps it would be thought to be prejudicial to the Prerogative of the Courts at Westminster the Judges in the upper House would not so willingly assent to the Passage of this Bill Lastly because by long and Antient Custome and Common Law Suits might be Removed c. now being an Innovation and because vve know not how beneficial this Law vvill be therefore it vvas thought by the Committees convenient that it should have a time of Probation untill the end of the next Parliament And so it vvas put to the Question and Ordered to be Ingrossed A Bill for Reformation of Abuses in Sheriffes and other inferior Officers for not Executing Writs and Proclamations was Committed the time and place appointed for Meeting the Midle-Temple-Hall on Monday in the afternoon A Bill for making of Fustians vvithin this Realm and profit to the Common-Wealth by the same vvas Committed and the place and time of Meeting appointed the Exchequer-Chamber on Tuesday in the afternoon A Bill prohibiting Fairs and Markets to be holden on the Sunday vvas Committed to the former Committees for the Sabbath and the time of Meeting to be to morrow Sir Edward Hobby said It pleased the House about the beginning of the Parliament to appoint certain Committees to receive the Complaints and hear Causes touching the Privileges of the House we have met but never above three or four at one time together May it please the House That the Committees Names may be Read and that warning may be given to all to meet to morrow in the afternoon at the Court of Wards there to Debate those matters that shall happen questionable And also I am to move you to take notice of an Information exhibited in the Star-Chamber against a Member of this House which it pleased you to Commit over upon Information thereof to be decided at the Committee And all said I I I. Mr. Phillips said It pleased the House to Commit a Bill for Reformation or Explanation of the Law made 39. Reginae The Committees met and entred into three Considerations First whether the Act of 39. Reginae Intituled An Act to Reform Deceipts and breaches of Trusts touching Lands given to Charitable Uses should stand in force or no as now it is And all generally agreed it should not The Second vvas vvhether Reformation thereof should be by Explanation or Abroation And in the end it was concluded it should be by Abrogation The third was whether it should be Abrogated by the general Repeal of Statutes or that there should be a particular Statute for that purpose And 't was agreed that it should be done by a particular Statute And for that purpose being so Commanded by the Committee I have drawn a Bill referring it to the Wisdome of the House to be Considered of The Title is An Act for the good Execution of Charitable Uses in this Statute particularly mentioned Doctor Cary and the Clerk of the Crown brought a Bill from the Lords for the Suppressing of the multitude of Ale-Houses and Victualling-Houses which was presently Read Mr. Johnson upon hearing this Bill Read said Methinks there is an apparent Fault and that is the Fill gives liberty to Justices of the Peace to search c. which by the Generality thereof is as well within Corporations as without and therefore good to be considered of A Bill for continuance of divers Statutes and for Repealing of some others Mr. Serjeant Harris moved That the Statute for Tillage might be continued and said If we shall continue and discontinue upon every slight motion good Laws we shall do like little Children which make babies then beat them then pull them in pieces A Bill for the Relief of the Poor brought in by Sir Robert Wroth. The substance of the Information of which Mr. Tate the last day spake of And also Sir Edward Hobby this day An Information by Edward Coke Her Majesties Atturney Mr. Atturney Coke who sheweth That the Queen Calleth her Parliament and that her self is the Chief Peer thereof And that it was called for divers Weighty Causes and Matters And therein further shewed that the Town of Leicester in the County of Leicester is an Ancient Burrough-Town And that the said Burrough sends Burgesses to the Parliament-House And whereas the Parliament began the Twenty Seventh Day of October and they Chose George Belgrave of Belgrave Esquire in the said County of Leicester to be Burgess for the said I own supposing the said George Belgrave to come with the good liking and free consent of the Earl of Huntington without whose Advice the said Town neither hath nor will choose any Burgess whereas indeed he is a noted Enemy to the said Earl of Huntington and finding and fearing they would not Choose him because of the same he the said Belgrave against the said Election prepared put on his back a blew Coat with a Cognizance
being a Bulls-head set upon the sleeve of the same and thereby they imagined him to be the said Earles man Chose him as aforesaid And the rather to make himself sure of the said Election he offer'd upon his Corporal Oath to affirm that he was servant to and in good Favour with the said Earl with this lewd Practice the said Earl being much grieved and offended the same being being greatly to his prejudice having the Election of a Burgess there to the dishonour of Her Majesty and the House of Parliament that any Member thereof should be Chosen by such Covin and indirect Practice Prayed c. It was agreed that the Subsidy-Bill should be Read to morrow and the House called On Saturday Decemb. 5. A Bill for the grant of Four intire Subsidies and Eight Fifteens and Tenths granted by the Temporalty Read Mr. Symnel said I am not against this Bill of Subsidie for far be it from me that any such Thought should harbour in my Heart for I am of that Opinion which Cicero the famous Orator was of That whosoever would live in safety must abide necessity But all that I have to say is this That we would be humble Suitors to their Honours that sit about the Chair That it would please them to move Her Majesty That that most gracious and general free Pardon which it will please Her Majesty to bestow upon us might have no more shortness than it had at the beginning of Her Reign For if Her Majesty out of Her Goodness took Compassion upon us when we had nothing so many Penal and Intrapping Laws as we now have I hope that seeing the Statutes do abound it will please Her That Her Grace would Superabound This is my most humble Motion and this I do most humbly Pray That the House would Consider of it It was put to the Question for the Passing of the Subsidy-Bill and all cryed I I I. and not one No. And it was Moved by Sir Edward Hobby That it might presently be sent up to the Lords with all the House and not by the Privy Council alone for the more honour thereof which was well liked and agreed unto Mr. Boyce brought in the Bill touching the joynture of Rachel the Wife of Edward Nevil of Burling in Kent A Bill for the more diligent Resort to the Church on Sundays was Read Mr. Roger Owen said That he was of the same Opinion he before had been of for Amendment of the said Bill and that himself was as willing for the Passing thereof as any other And he desired that his Errour if it were Answered might be judged Error Amoris and not Amor erroris And that as God had given him a Heart to understand and Lights and Lungs to Cool the Heat of his Heart so God had given him Understanding to cool and temper the Heat of his Soul And so he Proceeded and made a brief Repetition with some Arguments for Confirmation of the same Speech he first made Mr. Winch said I much marvail That the Gentleman which last spake would speak against this Bill allowing so well the matter I know him well and his Bringing up and both his Sufficiency and Zeal which I very well know and am well perswaded of His Speech consisted of four Points The first I heard not The second was because it repugned Magna Charta The words being Nemo Capiatur nemo imprisonetur c. nisi per pares aut per legem terrae The third because in Repeal of the Statute of 1 Reginae Authority is taken from the Justices of Assize The Fourth the 23 Reginae not Repealed c. which he Answered all but not fully Serjeant Harris moved two Doubts in the Bill First That it was by Information which appeared after to be vitium Scriptoris for it was Information by Jury now by Jury was written over Information in the interlining and the Caret made before Information whereas it should have been after the other was That Ecclesiastical Jurisdiction was taken from the Queen which indeed I could not find well Answered So the Bill was put to the question and the most Voices were I I I. At the Committee in the Afternoon in the House for some Course to be taken against Dunkirk Mr. Fettyplace shewed a remedy three manner of ways First there is a Transportation of Ordnance which being carried to the Low Countries he carrieth it to Dunkirk or our Enemies which if it were hindred doubtless our Enemies would find want in time Secondly the Law of Tonnage and Poundage Thirdly it hath been offered to the State that the Maritine parts might save themselves freely And I take it to be a Rule in policy We should not yeild that to our Friends which may be fitting to our Foes against us It was concluded at this Committee that all the Coast-Town Men of the Committee should meet together in the Afternoon on Monday and consider of some Course and relate the same to the Committee Mr. Wingfield shewed me the Bill Touching Fenns which was Exhibited the last Parliament and passed both Houses but Advised upon by Her Majesty for some respects Entituled An Act for the recovering of Three Hundred Thousand Acres more or less of Wastes Marish and Watery grounds in the Isle of Ely and in the Counties of Cambridge Huntington Northampton Lincoln Norfolk Suffolk c. On the left side on the Top of the Bill was written in Roman Letters Soit baylle as Signieurs And close to the same in another hand A cest Bill avecque les amendments la provision a celle Communes les Suis sont Assentu's And underneath the Provision Annexed to the Act on the left side thereof close to the writing was written Soit baylle Aux Communes And on the back under the Title aforesaid was writen thus .2 .3 He shewed me also the Bill for Fenns in this Parliament intituled An Act concerning the Dreining and Recovery from the Water of certain over-Flown Grounds in the Counties of Norfolk and Suffolk c. Sunday December 6. On Monday December 7. A Bill for Ludgate A Bill Touching the Countess of Sussex her Joynture A Bill Touching Cox and Dethick A Bill for the better making of Woollen Cloth A Bill prohibiting Markets and Fairs to be kept on the Sunday was brought in from the Committee by Mr. Doyly and put to the question and agreed to be ingrossed A Bill concerning the Assize for Feuel was read and Committed the place of meeting the Court of Wards and to Morrow in the Afternoon the time A Bill for the better Execution of the Good and Charitable Uses hereafter in this Statute mentioned It was Committed to the former Committees Mr. Bacon said I am Mr. Speaker Mr. Bacon reports about a New Bill for Insurances c. to tender to this House the Fruit of the Committees Labour which tends to the comfort of the Stomack of this Realm I mean the Merchant which if it quail or fall
into a Consumption the State cannot Choose but shortly be Sick of that Disease It is inclining already A Certainty of Gain is that which this Law provides for And by Policy of Assurance the safety of Goods is Assured unto the Merchant this is the Loadstone that draws him out to adventure and to streach even the very Punctillio of his Credit The Committees have drawn a New Bill far different from the Old the first limitted power to the Chancery this to certain Commissioners by way of Oyer and Terminer The first that it should only be there this that only upon Appeal from the Commissioners it should be finally Arbitrated But lest it should be thought to be very vexatious the party Appellant must lay in deposito c. And if upon Hearing it goes against him must pay double Costs and Damages we thought this course fittest for two Reasons First Because a Suit in Chancery is too long a course and the Merchant cannot indure delays Secondly Because our Courts have not the knowledge of their Terms neither can they tell what to say upon their Cases which be Secrets in their Science proceeding out of their Experience I referr the Bills both Old and New to your considerations wishing good Success therein both for comfort of the Merchants and Accomplishment of our desires The Bill is intituled An Act for Policy of Assurance used amongst Merchants Sir Edward Hobby said It was the good pleasure of this House Sir Edward Hobby to referr the consideration of an Information Exhibited against a Member of this House one of the Burgesses for the Town of Leicester viz. Mr. Bellgrave the Scope and purpose of which Information pretendeth an Abuse to be done to this High Court. The Gentleman himself was at the Committee and did acknowledge the substance of the Suggestion but denyed the Circumstance Some of the Committees Censured it to be an Enormous fault to invest himself for so the words of the Information are in a blew Coat but others were of a contrary opinion because they were satisfied upon Allegations Alleadged that it was done ad reducendam vexationem which had been offer'd unto him and so he thought to right himself this way Besides I am to inform the House that this information is put in Sedente Curia and therefore thought by the Committees some disgrace to the same And because this Gentleman should not take benefit of this Pardon therefore the Information is now put in as I said Sedente Curia which I wish the House to Note And because he should be debarred of remedy against the party he hath therefore caused the same to be Exhibited in Mr. Atturney-Generals name May it please the House because he desireth to be heard and being now here that he may speak for himself in that he told the Committees he had some special matter to deliver unto you and if he shall be found Culpable he would most willingly abide your Censures But because some other Bills were to be read of importance this was referred over till some other time A Bill for continuance of divers Statutes and repeal of some others Mr. Francis Moor desired it might be read and also the Exposition of the Justices upon the Statute of 39. Reginae concerning Rogues which if it please the House he thought fit to be Annexed to that Statute Mr. Bacon said Mr. Facon speaks against a Bill and dashes it There were never yet but two Articuli the one Articuli super Chartas when the Sword stood in the Commons Hands the other Articuli Cleri when the Clergy of the Land bare sway and that done upon deliberation and grave advise I beseech you remember these are done by Judges and privately and perhaps in a Chamber And shall we without scanning or view Enact them It befits not the Gravity of this House And so after a long speech dashed it Doctor Stanhop and Dr. Cary brought a Bill from the Lords Intituled An Act for the more Peaceable Government of the parts of Cumberland Northumberland Westmorland and the Bishoprick of Durham A Bill to prevent the double-payment of Debts sent up to the Lords by Mr. Comptroller and others And a desire withall to have a conference with some few Touching the Bill sent from them of Eye and Dunsden to be re-united to the Mannor of Sunning The cause of this Conference came from a Motion made by Mr. Serj. Harris who said That for some especial cause and interest it was desired which I learned after what it was by Mr. Fettyplace Burgess of London that there was an admitting of all Assurances so the Londoners barred of their right which they had by reason this Eye and Dunsden were part of the Land assured to the City of London for the Loan of Twenty Thousand Pounds Lent to the Queen to be repaid at a certain time And if this Act should thus pass they were barred The Lords returned word That Ten of them would meet And so Twelve of our House were Chosen to meet them to Morrow in the afternoon Mr. Bacon Mr. Bacon upon a question that should have been propounded to the House whether the Statute 39 Elizabeth Touching Charitable Uses should be the General Act or the particular Act Exhibited by Mr. Philips said amongst many other things That the last Parliament there were so many other Bills for the Relief of the Poor that he called it a Feast of Charity And now this Statute of 39 Elizabeth having done so much good as it was delivered to the House And the Lord Keeper having told him that he never revoked but one decree of the Commissioners we should do a most Uncharitable Action to repeal and subvert such a mount of Charity and therefore said That we should rather tenderly foster it then roughly cry away with it I speak quoth he Mr. Speaker even out of the strings of my Heart which doth Alter my ordinary Form of speech for I speak not now out of the Fervency of my Brain c. So he spake somthing more against the Bill put in by Mr. Philips for Repeal by reason Bishops Lands were put in and Inrolments which he said was a good Fetch and Policy for the sole practices of the Chancery Mr. Philips answered Mr. Philips against Mr. Bacon That he would not speak as he had spoken rather out of Humor than out of Judgment neither had he brought to the House a Market-Bill or Mercers Bill concerning the State And so after many perswasions for the Bill and bitter Answers to Mr. Bacon he ended with a desire to put it to the Question whether it should be Repealed by the publique Act or his private Bill Mr. Johnson moved That the Question might be Whether it should be as well in the General Law as the particular Mr. Glascock said Glascock contra Philips I think the Gentleman that last spake Mr. Johnson a surveyor hath better Skill in Measuring of Land than Mens Consciences
I think it is a good Law and fit still to stand on Foot For if we lose Religion Let us lose Land too It will be a good Cause That every Man if not for Religion sake yet for his Lands sake which is his whole estate will Abandon the setting up of those Houses again because he will not part there-with therefore I think it in Pollicy fit still to stand So after long dispute till almost one of the Clock it was put to the Question Whether it shall be Repealed by the General Law of repeal and continuance of Statutes And the most voices were I I I and so it was Agreed On Tuesday December the 8th A Bill to prohibit Transportation of Ordnance An Act prohibiting the Transportation of Iron Ordnance beyond the Seas by way of Merchandize was Read Sir Edward Hobby said Sir Edward Hobby I may resemble this Bill to a Gentleman who told a Story of a Skilful Painter who had Painted a Tree standing in the midst of the Sea and the Judgment of another Skilful Painter being asked his Answer was Valde bene sed hic non erat Locus So I say this Bill is an Excellent Bill the matter Foul the request and remedy Good and Honest but this is not our mean of Redress Her Majesty in the late Proclamation took notice thereof and no doubt but she will Redress it And for us now to enter again in bringing in or allowing Bills against Monopolies it is to refuse Her Majesties Gracious Favor and Cleave to our own affections I think therefore if we will be dealing herein by Petition will be our only Course this is a matter of Prerogative and this no place to dispute it Mr. Fettyplace said I know Her Majesty receiveth yearly by Custom for the Transportation of these Ordnance Three Thousand Pounds by the Year there be four kind of Ordnance now usually Transported Mr. Fettyplace to the same Bill The first a Faulcon of the least Weight and Bore The second a Minnion a little heavier and of a bigger Bore The third a Saker of somewhat a greatter Bore And the fourth a Demy-Culvering being of the greatest Bore Now Mr. Speaker they that do Transport Ordnance do Transport in this manner If it be a Faulcon She shall have the weight of a Minnion and so if a Saker the weight of a Demy-Culvering the Reason thereof is Because when they are brought beyond Sea they will there new bore them to a greatter size as the Saker to the Demi-Culvering-Bore Besides Mr. Speaker Eight Tun of Iron Ordnance will make five Tuns of good Iron But perchance it will be Objected That if we Restrain the Transportation of Iron Ordnance they will use Brass I say under Favour That they cannot because they want Brass And again where you may furnish a Ship for 200. or 300. Pounds with Iron Ordnance you cannot furnish Her with Brass Ordnance for 1400. Pounds And it is now grown so common that if you would send Merchandise beyond the Seas in strangers Bottoms they will not carry them unless you will ballast their Ships with some Ordnance The Ordnance be carried to Callis Brest Embden Lubeck Rochel and other places All these be Confederates with Spain and friends with Dunkirk So that in helping them we do not only hurt our Friends but succour the Spaniards their Friends and our Enemies If the Queen would but forbid the Transportation of Ordnance for seven years it would breed such a Scarcity of Ordnance with the Spaniard that we might have him where we would some in that time no doubt the Sea would devour some would be taken and the Store which he now hath scattered and thereby his Force weakned They have so many Iron Ordnance in Spain out of England that they do ordinarily sell a 100. weight of Iron Ordnance for seven Duckets and an half Spanish And if the Spaniard do make it a Capital matter but to Transport an Horse or a Gennet much more ought we to have special Care herein when we shall hereby Arm our Enemies against our selves I think therefore to proceed by way of Bill would favour of Curbing Her Majesties Prerogative but to proceed by way of Petition it is a safe Course and pleasing and we ought the rather to be induced thereunto because we have already found it Successful Mr. Brown the Lawyer said There is a Law already in the point And that is 33 Hen. 8. Cap. 7. and 2 Ed. 6. Cap. 36. which prohibiteth the Transporting of Gun-metal Mr. Brown for the Bill by way of Petition And although Guns were not then made of Iron yet now they are And therefore perhaps you will say it is out of the Statute But it was lately adjudged in Worlington and Symon's Case to be clearly within the very Letter of the Law And I am sure Guns are made of Gun-metal and whosoever Transporteth Guns transports Gun-metal and it is within the danger of the Law But that which I would move is only this That we might be Petitioners to Her Majesty to revoke that Patent And then Currat Lex Sir Walter Rawleigh said Sir Walter-Rawleigh for the same I am sure heretofore one Ship of Her Majesties was able to beat twenty Spaniards but now by reason of our own Ordnance we are hardly matched one to one And if the Low-Countries should either be subdued by the Spaniards or yeild unto him upon a conditional Peace or shall joyn in Amity with the French as we see them dayly inclining I say there is nothing so much threatens the Conquest of this Kingdom or more than the Transportation of Ordnance And therefore I think it a good and speedy course to proceed by way of Petition lest we be cut off from our desires either by the Upper House or before by the short and suddain ending of the Parliament Mr. Cary said Mr. Cary for the same by Bill We take it for an Use in the House That when any great and weighty Matter or Bill is here handled we straight-ways say It toucheth the Prerogative and that must not be medled withal and so that we that come here to do our Countries Good bereave them of that good help we may justly Administer unto them Mr. Speaker Qui vadit planè vadit Sanè Let us lay down our Griefs in the Preamble of the Bill and make it by way of Petition and I doubt not but Her Majesty being truly informed of it will give her Royal Assent Mr. Secretary Herbert said The making of Armentaria Secretary Herbert for proceeding by Petition to prohibit Ordnance is a Regality only belonging to the Power of the King and Crown of England and therefore no man can either Cast or Transport without License It stood perhaps with the Policy of former times to suffer Transportation But as the times alter so doth the Government and now no doubt but it is very hurtful and pernitious to the State And therefore I
am of Opinion That it is very fit this Transportation should be staid And I concur only with them which would have it by way of Petition and not by Bill Mr. William Hackwell of Lincolns-Inn said Mr. Hackwell I know the Authority of the worthy Councellor that last spake will ingeminate your Censures to yeild to his Objection Yet notwithstanding I beseech you to suppose him to be a man of my Condition or me to be a man of his Sort so I doubt not but our Persons being equalized the matter will soon be Decided Where he saith Transportation is necessary to aid our Friends and retain their Alliance I Answer this is the Subtilty and Covetousness of our Friends who finding the Inestimable Gain and Treasure they get by Ordnance brought from us do not only desire them for Gain but also to gain to themselves Confederates by which means Succouring our Friends we Aid our Enemies For look whatsoever we give them we deduct from our selves Now let us stop this Transportation of Ordnance and that greatly weakens their Forces by which means they will never be able to incounter us hand to hand Our Ordnance that precious Jewel of this Realm even worth all we have is familiarly sold in the Countries of our Confederates as any thing within this Land but this being stopped they will be forced to take Supply from their Ports to their Ships from their Ships to the Field and from the Field to other places Sir Francis Hastings said Sir Francis Hastings for Petitioning it How swiftly and sweetly Her Majesty apprehended our Griefs I think there is no Subject but knoweth For us then to deal in a matter so highly touching Her Prerogative we shall not only give her Majesty just Cause of Offence but just cause to Deny our Proceeding by Bill I think therefore by laying open our Griefs in a Petition it will move Her Majesty as much being a Case of this Consequence as our first Motion by Mr. Speaker hath done And therefore I am of Opinion there is no way but this for our safety Sir George Moore said Sir George Moore for Petition It is a vain thing to Dispute of the matter when the manner only is in question and as vain to lose the matter by our long Dispute of the manner The late Experience of Her Majesty's Love and Clemency towards us and Care over us striketh such an awful Regard into my Heart I wholly dislike this Proceeding by Bill and do only Approve of the former motion by way of Petition Mr. Laurence Hide said Mr. Laurence Hide is to preceed by Bill in it It is doubted by some this Bill will not Pass by reason of the suddain ending of the Parliament For that I think if we give not too much scope to private Bills This Bill would quickly Pass and I see no Reason but we may proceed by Bill and not touch Her Majesties Prerogative For Her Majesty is not more careful and watchful of Her Prerogative than the Noble Prince King Henry 8. Her Father and King Edward 6. Her Brother were Then there was no doubt nor mention made of Prerogative And therefore I think our soundest and surest Course is by way of Bill Mr. Comptroller said Mr. Comptroller plead for Petition I wish we should deal in such manner as we may have our desire And that in Duty we should proceed to speak unto the Queen by way of Petition and not by way of Bill and Contestation We must Note that Her Self and Her Prerogative will not be forced And I do not hold this Course by Bill to stand either with Respect or Duty Mr. Swale of the Temple said Mr. Swale for the Bill I would but move thus much to the House If we let slip this Law and proceed by way of Petition then there is no Law to Prohibit but the Law of 33 Hen. 8. and 2 Ed. 6. and those Laws give so small a remedy that it is no Recompence for the loss of the thing Mr. Serjeant Harris said It hath been thought Serj. Harris that the former Statutes do not reach to Ordnance made of Iron But may it please the House to Commit the Bill there shall be shewed to the Committee Four or Five Precedents and late Judgments that Iron Guns comes within these Laws Mr. Solicitor Fleming said The Gentleman that last spake Sollicitor Fleming The Bill Committed said very true For it was lately in Michael's Case in the Exchequer So it was Committed and the time appointed for Meeting to be this Afternoon in the House Mr. Belgrave said Mr. Belgrave moves his own Case Mr. Speaker modestly forbids me to speak in mine own Case that so nearly concerns me but necessity compels me to Appeal to this High Court. True it is there is an Information Exhibited against me in the Star-Chamber by the procurement of an Honourable Person of the Upper House the Earl of Huntington in the Name of Mr. Atturney-General for a Misdemeanor Committed to this Court The Substance of that Information I do Confess yet I am to be an humble Suitor to this House to understand Whether an Information is to be Exhibited this House sitting against any Member thereof And for my own part I do submit my self to abide such Censure as this House shall think in their Wisdomes convenient Sir George Moore viewing the Information said Sir George Moore desires there may be a Conference I find the words thereof to be against the High Court of Parliament which is as well the upper-Upper-House as this House And therefore I wish there might be a Conference with the Lords therein For this House is but Part and a Member of the Parliament and therefore we solely cannot Proceed Mr. Serjeant Harris said Serjeant Harris opposes it In 36 Hen. 8. when Ferri's Case was who was a Member of this House Did we not Proceed without any Conference with the Lords Here ought to be Libera Suffragia and no man of this House to be Chosen by Friends or Mediation of any Great Man Neither ought we to be tied by any Blew-Coat in the World but as our Persons are Priviledged so should our Speech be And therefore I see no Reason to Confer with the Lords when we may proceed of our selves Sir Edward Hobby said Sir Edward Hobby for the Conference If the Case were but plain of it self I should be of the Gentlemans mind that last spake but I am given to understand and also desired to Inform the House That this Information was put into the Star-Chamber by some kind of Order from the Lords and therefore very convenient a Conference should be had Sir Francis Hastings Brother to the Earl of Huntington said Sir Francis Hastings reports the Case To enter into consideration of this Cause by report I will and otherwise I cannot I know no man but respecteth the Honourable Person himself And for this Gentleman Mr.
Cary came from the Lords to desire that the Conference touching Letters Patents might be prolonged until Friday Morning at eight of the Clock which was Assented unto It was put to the Question whether the Bill for Tillage should be Committed And most said I I I. Then whether Northumberland should be exempted upon Mr. Selbies Motion And all said I I I. Another matter which the Committees for the continuance of Statutes doubted of was whether Mr. Dormer's Proviso should be put into the Bill for Tillage Mr. Davis said May it please you Mr. Speaker the Gentle-man is at the Door Mr Dormer by Name ready to attend with his Councel to satisfy the House and Prayed they might be admitted and all said I I I. Mr. Dodderige of Councel with Mr. Dormer said Mr. Speaker It pleased Her Majesty to License Mr. Dormer under Her Letters Pattents with a Non obstante this Statute to inclose 300 Acres of Ground And he humbly prayeth the House to accept and admit of this Proviso for the Saving of his Letters Patents the rather for these Reasons 1. In respect the Ground inclosed is a small quantity 2. The Country is apt for Pasture and not for Tillage 3. This ground is a kind of Marish ground and too moyst and soft and altogether unfit for Tillage 4. In that Her Majesty hath granted her Letters Patents that they concern Her Prerogative So he delivered the Proviso and Mr. Dormer his Letters Pattents and went forth Mr. Serjeant Harris said Ubi non est ordo ibi est Confusio Mr. Speaker divers Gentleman stand before the Door which breeds a confused Sound when the question is propounded May it please you that every man take his place This is both seemly and the Ancient Custom which they all did Mr. Speaker said I will put it to the Question whether this Proviso of Mr. Dormer's shall be received It was put to the Question twice and in my Conscience the I I I were the greater number But the Noes Noes would needs have the House divided So the door being set open no man offered to go forth Mr. Martyn said Mr. Speaker I have observed it that ever this Parliament the Noes upon the division of the House have carried it the Reason whereof as I conceive it is because divers are loth to go forth for Fear of losing their Places and many that cry I I I will sit still with the Noes I therefore do but move this unto the House that all those that have given their I I I would according to their Consciences go forth And for my part I 'le begin And so went forth Sir Walter Rawleigh rose up to Answer him but Mr. Comptroller Sir John Fortescue and all the House seeing them Rose up in a Hurry to go forth and did not hear him Whereupon himself and Mr. Secretary it seemed and they of the Noes took some displeasure as may appear by the Speech after The I I I were 178. and the Noes 134. so the I I I got it 44 Voices And after the House was quiet Mr. Secretary Cecil said I am glad to see the Parliament so full which used towards the end to grow thin Secretary Cecil's Notice of the disorders of the House And therefore I think it convenient we agree of some good Orders The Reputation of this House hath ever been Religiously maintained by Order and Government but now Error hath so crept in amongst us that we know not what is Order what Disorder The Gentleman that last spake meaning Mr. Martin first brake Order for after the Question put and the House agreed to be divided he spake perswadingly to draw those out of the House who perhaps meant it not Besides he laid an Imputation upon the House that according to their Consciences men would not so much as remove out of their places But I think there is no man here that is so Fantastical that though they be for the Bill yet for their Places sake they will not alter their Rooms For this House is a House of Gravity Conscience and Religion I think it therefore fit he should answer this Imputation at the Bar we have all this Parliament been against Monopolies and now we our selves Protect one But I see that men that have desired to be Popular without the House for speaking against Monopolies do also labour to be private within but that I regard not This I know that good sums of mony have been profer'd for the furtherance of this Proviso But now it is past I would now move you That because we have spent some superfluous time in this division and because the Affairs of this Parliament cannot possibly be dispatched so soon as the Parliament must end because of the performance of that Gift we have given her Majesty which is nothing if it comes not in due time Therefore that the House would be pleased after this day to Sit in the Afternoons for we consume our best time now in unnecessary Disputation Mr. Comptroller said Mr. Comptroller's Reply to Cecil I think that notwithstanding any thing that hath been last said However our Orders have been heretofore broken yet the Gentleman that spake meaning Mr. Martyn brake no Order of the House by speaking For the House favour'd him with Silence and therefore admitted to him liberty of Speech I hat his Speech was either Perswasive or offer'd any Imputation to the House I neither perceive it or conceive it so for it was only a Caution to the House that former Orders were broken and therefore now to be remedied and amended And surely for not removing out of Places I have heard fault found before this time and therefore the Gentleman is not now to be taxed That this should be a Monopoly I can see no Reason For it hath been agreed that Her Majesty may dispence with any penal Law and that is no Monopoly no more is this And I am not of his mind that so great sums of money have been offer'd the quantity of Land being but little and his Cause both good and just And for my part I do protest I neither knew nor have heard of any For the last part of his Motion which was the best to sit twice a day I do concur with him and will be ready as a Member of this House to give my Attendance Sir Walter Rawleigh said Sir Walt. Rawleigh resents their not giving him time to Speak I thought I had deserved of the House to have been heard to speak as well as he that spake before the Division And in that I offer'd to speak and was not heard I had Wrong For him that last spake out of Humour and not out of Judgment notwithstanding I think it to be a Monopoly and the Speech to be both Perswasive and to lay a great Imputation upon the House And this is all I would have said before Mr. Martyn offer'd to speak and Asked the Speaker If he might Answer The
by your Lordships Favour no cause it should deserve the Title of Improper And I take it by your Lordships Favours it was not Preposterous For the First Matter we took should be handled was the Doubts which we Imagined your Lordships had conceived of the Bill And if your Lordships had ought else conceived I thought fit to shew your Lordships that we then came without Commission So my Lords I hope I have made it appear That the Speech was neither strange improper or preposterous But We of the lower-Lower-House who be here Committees do beseech your Lordships that you would not conceive otherwise of Us than we deserve And your Lordships shall find Us ever ready in all Dutiful Service as coadjuting Members of one United Body the House of Parliament So after withdrawing themselves a little from the Table the Lords Whispered together and at length calling Us the Lord Treasurer said The Lords were satisfied with our Answer 〈…〉 and were very glad they found Us so Conformable by which they doubted not but we should well agree for the Conference whereby the Bill might have the better Passage Mr. Secretary Cecil answered That he was very glad their Lordships did conceive aright of them and that the Committees because they were many and would not be troublesome to them with multiplicity of Speeches had chosen for their Speakers to Satisfie their Lordships Mr. Bacon Mr. Bacon c. to manage the Conference Mr. Serjeant Harris Mr. Francis Moore Mr. Henry Mountague and Mr. Boys So the Lords called Mr. Attorney General to them who began to make Objections and Mr. Bacon answering Mr. Attorney again Objected and Mr. Serjeant Harris before he had fully ended began to answer To which Mr. Attorney said Nay Good Mr. Serjeant Leap not over the Stile before you come at it Hear me out I pray you and conceive me aright So when he had done Mr. Serjeant Answered I beseech your Lordships to hear me and that I may answer without check or Controul which I little Respect because it is as light as Mr. Attorney's Arguments And so he proceeded to answer So the Conference brake up untill the next Morning at which time the Lords said They would send us word when they were ready In the Afternoon A Bill for the Relief of Theophilus Adams Touching certain Obligations supposed to be made void by a Proviso contained in the Statute 39. Reginae cap. 22. Intituled An Act for the Establishment of the Bishoprick of Norwich and the Possessions of the same against a certain pretended concealed Title made thereunto A Bill for Reformation of Abuses in Selling and Buying of Spices and other Merchandizes A Bill that no Fair or Market should be kept on Sundayes On Saturday Decemb. 12. A Bill to confirm the Assurance of the Mannors and Farmes of Sagebury aliàs Sadgbery and Obden and other Hereditaments to Samuel Sands Esq and John Harris Gentleman and their Heirs being Ingrossed was put to the Question and was Passed A Bill for Redress of certain Abuses used in Painting A Bill about Painters and Plaisterers was moved by Sir George Moore and some others that this Bill might be let slip and the Cause referred to the Lord Mayor of London because it concerned a Controversy between the Painters and Plaisterers To which Mr. Davis Answered That the last Parliament this Bill should have Passed this House but it was referred as now desired and Bonds made by the Plaisterers for performance of the Orders made by the Lord Mayor yet all will do no Good wherefore Mr. Speaker I think it good it should be put to the Question Sir Stephen Somes stood up and desired That my Lord-Mayor might not be troubled with them but that it might be put to the Question and it seemed likely to go against the Painters But I stood up as it was putting to the Question and shewed That in the Statute of 25. Ed. 3. cap. 3. Plaisterers were not then so called but Dawbers and Mudd-Wall-Makers who had for their Wages by the day Three-Pence 〈…〉 and his Knave Three-Half-Pence so was his Labourer called they continued so until King Hen. 7th's time who brought into England with him out of France certain Men that used Plaister of Paris about the Kings Ceilings and Walls whose Statute-Labourers these Dawbers were Those Statute-Labourers learned in short time the Use of Plaister of Parts and did it for the King and increased to be many then sueing to the King for his Favor to Incorporate them who fulfill'd their desire and Incorporated them by the Name of Gipsarii which was for Clay or Mudd aliàs Morter-makers Anno 16 Hen. 7. Being no Free-Men for all their Incorporation they obtained the Kings Favourable Letters to Sir William Remington then Lord Mayor of London and the Aldermen to allow them Free-men Which was granted At which time came in Four of them and paid Ten Shillings a piece for their Freedom and in Three Years after that manner came in the Number of Twenty but they paid Four Pounds a piece for Their Freedom They Renewed their Patent in King Hen. 8's time and called themselves Plaisterers aliàs Morter-makers for the Use of Loame and Lime They made an humble Petition and Supplication after this to Sir John Munday then Lord Mayor and the Aldermen to grant them Orders for the better Rule and Government of their Company in these words We the good Folkes of Plaisterers in London of Plaister and Loame of the said City for the Redress of certain Abuses of Lath-Plaister and Loame wrought in the said Crafts c. And then had allowed unto them Search for their Company for the Use of Lath Loame and Lime In all their Incorporations at no time they had any words for Colours neither yet in their Ordnances For all they were Incorporated by the name of Plaisterers yet all King Hen. 8's time they were called Dawbers as appeareth 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 Colours in the Kings Houses nor in the Sherifs of London but this Year they wore no Livery or Cloathing the Seventeenth of King Hen. 8. They have been suffered to lay Ale-house Colours as Red-lead and Oaker and such like and so now they intrude themselves into 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 Edw. 3. time One for Posts and all Timber-work to Paint And the other for Painting and Staining of Cloth of great continuance both Companies were joyned into one by their own Consent and by the Consent of the Lord Mayor and Aldermen of the City The Nineteenth Year of Edw. 4. The Painters had Orders allowed them for the Use of Oyl and Colours especially named in Hen. 4's time from the Lord Mayor and City
Privilege and said that he was not priviledged from an Execution And so being carried to the Counter he told the like to the Clerks who affirmed likewise that Priviledges would not stretch to Executions and therefore would not discharge him And therefore I Pray that both the Clerks Mathews and the Serjeant may be sent for And so it was Ordered they should Appear to morrow in the Forenoon The Bill against ordinary and usual Swearing was ordered to be Ingrossed and so Passed The Bill that Concerns Captains Souldiers and Mariners which came from the Lords was Read the first time The Bill for Relief of the Poor was brought in with Amendments and agreed to be Ingrossed In the Afternoon The Bill touching the Weaving of Silk and Gold Laces after a little Debate by the greater part it was Rejected The Reasons against the Bill were 1. That it was Incroaching a Liberty to have two miles compass 2. That it was too General silk Wares and all other Stuffs 3. That it was a Prohibition of making or selling of Norwich Stuffs 4. That the search in the Bill was too General and the Forfeiture too great 5. That it was a discommodity to have all Silk Stuffs For Statute-Lace with a third of Silk will shew and sell better so of Stuffs for Childrens Coats That the Search was General as well within Liberties as without I offered to speak before the Question was half asked but could not be suffered the Noes were so great And it being put to the Question over-ruled and the Bill Rejected A Bill A Bill about the City c. that the City of London should have full Power and Government over and in the Liberties of St. Katherines Read To which Bill Mr. Wiseman spake and said Mr. Wiseman Argues against it That diverse particular Persons had Purchased Lands within the Liberty and had given much more for the same in respect of the Priviledge than otherwise they would have done And now this Bill wipeth away all their Right And Mr. Speaker I hope I may speak it without Offence This Parliament hath been more troubled with Bills for Incroaching Liberties about the City of London than any three Parliaments before Sir Steven Some said I am bound to defend London Sir Stev Some for the City and I cannot under your Favor suffer the Imputation laid against us For Mr. Speaker I say to you these Priviledges are the very sink of Sin the Nurcery of naughty and lewd People the Harbour of Rogues Theeves and Beggars and maintainers of idle Persons for when our Shops and Houses be Robbed thither they fly for Relief and Sanctuary and we cannot help our selves The City seeing this Purchased it of the Lord Thomas Howard supposing to have had all the said Priviledges but finding the contrary by Experience they now are inforced to sue for your Favours to have it pass by Act of Parliament This is the Cause and I leave it to your Considerations whereupon it was put to the Question and the House was Divided and the I I I were 94. and the Noes 86. On Tuesday Decemb. 15. A Bill to make the Lands Tenements and Hereditaments of Edward Lucas Gentleman Deceased Executor of the last Will and Testament of John Flowerdewe Esquire Deceased liable to the payment of certain Legacies given by the last Will of the said John Flowerdewe and for the payment of diverse other Debts owing by the said Lucas in his life time Mr. Snigg moved to have the Bill for Clothing Read which was Read accordingly Mr. Phettiplace prayed the House to have consideration whether the Merchants were fit to have Consideration for Cockling and Squales and so to make abatement to the Clothier And he thought not because in outward shew it seemed good yet there lurks a hurt to the Merchant And so it was put to the Question and Ordered to be Ingrossed One Anthony Mathews a Surgeon who dwelt about Fleet-Bridg caused a Serjeant to Arrest one Curwyn Servant to Mr. Hudleston Knight for Cumberland It appeared that Curwin was a Solicitor and a Servant to the said Mr. Hudleston for three Years space and had solicited his great Cause in the Star-Chamber betwixt Delebar and himself the Truth of the Case was this Curwin falling into talk with another about Fleet-Bridg touching Mr. Hudlestons Cause they fell out there and Fought and Curwin was Hurt sore in the Hand so he went to this Mathews being the next Surgeon who dressed him and after it was agreed that Mathews should have for the Cure Ten Pounds viz. Four Pounds in hand and Mr. Hudlestons and his Bill for the Payment of the other Six Pounds when the Cure was done Which Bill was Read openly Now it was Averr'd and Confessed the Cure was done and that Four Pounds more was Paid and Mathews contented to forbear the other Forty Shillings untill the next Term following but it was not paid Whereupon the said Mathews it being three Years since due caused Curwin to be Arrested And Mr. Hudleston shewed this to the House and Offer'd so he might have his man free to pay the money due And because it was Averr'd that the Serjeant knew not of the said Curwins being Mr. Hudlestons man but only was told that he was one of New-Ian which indeed was true and he lay there in his Brothers Chamber yet served Mr. Hudleston and the Serjeant offered to Swear the same But the Serjeant said That after he was Arrested Curwin told him he was Mr. Hudlestons Man And Mathews said If you let him go I will be Answer'd by you look you to it Whereupon the Serjeant confessed he kept him and if he had Offended he submitted himself So the House Awarded the Serjeant should be Discharged paying his Fees and that Mathews should pay them And Mathews to pay his Fees and remain Three Days in the Serjeants Custody for procuring the Arrest And that Curwin should have his Writ of Privilege And so he had This Matter was argued diversly Whether he should be priviledged or no And some thought not but at length I stood up and shewed the House That he ought to be privileged for we had given Judgment in the like Case of the Baron of Waltons Solicitor this Parliament And thereupon it was put to the Question And Ordered he should be Privileged The House called to have the Bill of Ordnance Read and sent up Sir Edward Hobby said I shall move you in a Matter which though is seems distasteful in the beginning yet I doubt not but it will be very pleasing in the ending I am given to understand and I know it to be true for I saw it That the Lords have a Bill in their House Touching Transportation of Ordnance far more larger in Matter and more stricter in Punishment than ours is And where we stand so much upon the Words without License and spend time therein they make no such scruple but puts it absolute Besides I dare presume to
a Goose whether it be a Goose or a Gander he buyes it by the name of a Goose And surely Sirs because the Land came by a Match by a Woman with the Dibdens he would have it go with the Name of the Woman I think he deserves the name of a Goose if not of a Wood-Cock for his Conceit which though it be a meer Toy I wish it good passage For there is an Order that upon every private Bill something must be given to the Poor which will do them much good and no harm to the preferrers thereof A Bill for the Assize of Bread was this day Read and Ordered to be Committed A Bill for Reduction of all Brewers within two miles of the City of London to the Company of Brewers there A Bill against Ingrocers and Forestallers of Butter and Cheese A Bill against Cozening with False Dice A Bill for Reformation of Abuses in Physitians On Friday December 18. As the Speaker was comming to the House in the morning the Pardon was deliver'd unto him which he took and deliverd it to the House which they sent back again because it was not brought according to course The Collection for the Clerk of the Parliaments Servant supplying his masters Place of Twelve Pence a piece according to Mr. Wingfeilds Motion Yesterday was made which amounted to about Twenty Five Pounds Mr. Boyer Secretary to the Lord Treasurer sitting in the middle of the House on the left side as you come in next to Mr. Skipwith of Lincolns-Inn swoonded upon a suddain and was Recovered within a quarter of an hour It was said he had a spice of the Falling-Sickness he was carried out by the Serjeant of the House and three of his men into the outer Room It was strange to hear the diversity of Opinions touching this Accident Some saying it was Malum Omen others that it was Bonum Omen Mr. Attorney General brought the Pardon Intituled An Act for the Queens Majesties most Gratious General and Free Pardon He came assisted on the Right hand by Doctor Cary and on the Left hand by Doctor Stanhop he also delivered unto us again our Subsidy Bill Intituled An Act for the grant of Four Intire Subsidies and eight Fifteens and Tenths granted by the Temporalty The Bill for Auditors was brought from the Committee by Mr. Secretary Cecil Mr. Hackewell made a Motion that the Speaker might say something touching the transportation of Ordnance That seeing the Bill in the lower House is fallen into an everlasting sleep and that he knew not thereof before this day he could not be blamed for that which he could not have spoken before this time but nothing was replied or done The Subsidy of the Ciergy was sent in a Roll according to the usual Acts to which Sir Edward Hobby took exceptions because it was not sent in a long skin of Parchment under the Queens Hand and Seal so it was sent back and then the other was sent Quere of Mr. Phetyplace and Sir Robert Wroth What was done with the Money viz. 10 s. of every Knight and 5 s. of every Burgess collected for the Poor and how it was agreed to be distributed On Saturday Decemb. 19. about nine of the clock in the morning this day being appointed to be the last day of the Parliament and her Majesty appointed to come to the House as the House sat quietly one talking with another about a hundred being in the House Mr. Wiseman stood up and said Mr. Speaker because I see our business is at an end and that now we have little to do but only to attend her Majesties pleasure A Case put by Mr. Wiseman discussed c. I will be bold to put a Case to the House upon one of our new Statutes of Rogues offering the Resolution thereof to your considerations the Case being common and sit by every man here to be understood It is thus A woman is begotten with Childe in one house and before she appears to be with Childe she goeth away and serveth in another house in another County My Question is Where this woman shall be relieved and where this childe shall live Mr. Brown of the Court said In my opinion the woman is to be relieved and the childe also where it is gotten for their Masters may look better to them than let their servants be so lewd And therefore this coming by his negligence or want of care or perhaps by his too much familiarity with his servants I see no reason but he in whose house the childe is gotten should be charged with both Sir George Moore said Partus sequitur ventrem the Child followeth the Mother and therefore where the Statute alloweth help to the Mother there is relief also to be given unto the Childe Mr. Phetyplace said I know not how it is in the Country or in other places but in the City I am sure the man of the house is ever the reputed Father till the true Father be known or confessed by the Mother If the Father be known and able to keep the Childe then by the Law he is constrained to relieve the woman and the Childe if he be not able the use with us in London is That the Childe shall be delivered to some Hospital or to the Parish there to be relieved Mr. Wiseman said I think I am not to be debarred from speech for this is not More Parliamentario but that I may deliver my Opinion And I shall rather hold she is to be relieved by neither but that it should be accompted for her own sin and her own impiety and the example of Penury in no relief is better than any Admonition And if some straight and severe course be not used the sin is so common that in short time we shall have nothing more common especially when we do use such cockering of them as we now do and count it a matter of charity to relieve them Mr. Francis Moore thought that both in charity and by law they both ought to be relieved by the express words of the Statutes Mr. Speaker moved the House to know their pleasures whether they would adjourn the House till one of the clock and as they were rising Mr. Herbert Crofts said Mr. Speaker though my Motion perhaps may seem unseasonable yet I beseech the House to consider with me a Speech that consisted yesterday of four parts it being Mr. Hack-well 's Speech laying open the dangerous mischiefs that come by transportation of Ordnance and that due reformation thereof may be had for restraint of private transporting I would onely put the House in mind and you also Mr. Speaker that the Gentlemen which yesterday moved it desired that Mr. Speaker might say something thereof to her Majesty in his Speech to be inserted which I do again desire the more earnestly because our Bill is fallen as he said into an everlasting sleep and we have no remedy but by her Majesty Mr. Speaker said If it please you
in hoc bello Apostolica Authoritate à nobis Administrandum ut verum fatear possem sacillime convitia quod nobis objiciunt in ipsos retundere voluptatem quam maledicendo sumpsere illam male audiendo amittere Caeterum novimus ut debiles inermes Muliercola ad convitia fugere Sed hiis praetermissis ad objecta solida veritate ex Christiana Modestate respondere Imprimis Commoneamini nos velle subditos praetensos Reginae Angliae ab obedientia debita per dei legem servitute abducere ad nos aggregare Quod maximâ ex parte à veritate alienum est Neminem enim persuadere conamur ut debitam servitutem secundum dei Legem deneget suo Principi Sed hene nostis ante multos Annos ipsam Elizabetham for so said Mr. Secretary he bluntly called her that same Elizabeth privatam esse Regno subditosque omnes absolutos esse à Juramento Fidelitatis per supremum Pontificem cui Regnans in excelsis Bex Regum omnimodum potestatem tradidit ut evellat distruat plantet aedificet ita ut ipsos Reges temporales si ad spirituale aedificiem expediret eósque ad depositionem à Regno privat quod factum esse in Regnis Angliae Hiberniae à pluribus Pontificibus supremis viz. Pio quinto Gregorio decimo tertio nunc Clemento octavo omnibus notum est quorum Diplomata extant apud nos Catholicis Loquor non protervis Haereticis qui à Fide Romanae Ecclesiae declinaverunt nam cum Caeci sunt Caecorum Duces sundamenta veritatis prorsus ignorant etiam in hoc dissentire à nobis non mirum est Sed nostri fratres Catholici in simplicitate fidei Romanae ambulentes Ecclesia Catholica consentientes quod est columna fundamentum veritatis omnia ista facile percipiant Ergo restat quod Hiberni qui vobis adherent nil adversus legem Dei fidelitatem debitam imò secundum divina praecepta obedientiam quam supremo Pontifici debent cooperentur Secundo asseritis nos Hispanos blanditiis fictitiis adulationibus Hibernos demulcire atque multa beneficia in illos exhibere quod in nostram aversissimam est natura sed hoc m o in principio facere ut simplicium animos ad nos convertentes in posterum credulitatem circa illos exercentes sanguinolentam naturam nostram ostendemus Proh Deum immortalem quis non miretur acerbam indicibilem credulitatem audaciámque vestram in his verbis ostensam Quis est enim qui non novit crudelitatem maximam quam vos Angli adversus miseros Hibernicos exercivistis exercere non desistitis vos inquam ab ipsorum animis fidem Catholicam quam coluerunt Patris eorum in quo salus aeterna consistit auferre conamini crudeliores profectò Vrsis Leonibus qui tantum temporalem vitam auferent vos tamen aeternam spiritualem Quis temporalia omnia istius florentissimi Regni demolitus est nisi Anglus videte hoc confundamini Nos vero Patriam dulcissimam foelicissimam Hispaniam omnibus scilicet bonis refertam vicem Catholicorum dolentes relinquimus eorum Clamoribus incitati qui Coelum Terrámque attingunt aures supremi Pontificis Regis nostri Philippi pulsantes misericordia moti Ad vos Milites Argentum Aurum Arma liberali manu tandem mittere decreverunt non ut erga vos Hiberni Catholici crudelitatem ut isti singunt exercerunt sed ut foeliciter vos à Diaboli faucibus ereptos à Tyrannide liberos ad pristinam vestram ingenuitatem redigant ut libere positis fidem Catholicam profiteri Ergo dilectissimi in Christo postquam jam quod per tot ante annos desiderio desiderastis praecibus lacrimis efflagitastis impetrastis jamjam Supremus Pontifex Vicarius Christi in Terris vobis imperat ut Arma in Defensionem vestrae fidei sumatis vos omnes moveo horior atque contestor Omnes in quam ad quos istae Litterae pervenerint ut quam citissime in vestra fuerit potestate ad nos cum Amicis Armis conveniatis Qui hoc fecerit nos paratos inveniet Arma nostra ceteráque possidemus ipsis communicabimus Qui aliter enim spretis nostris Conciliis saluberrimis secerit in salibra Anglorum obedientia permanserit tanquam Haereticum Hostem Ecclesiae invisum usque ad necem prosequimur Doryum de Laguia After the Parliament at the end of Hillary-Term next following the Lord Keeper by her Majesties express Command made a Speech in the Star-chamber on the 13th of February all these Personages being present viz. Sir Thomas Egerton Lord Keeper of the great Seal The Archbishop of Canterbury The Lord Buckhurst Lord Treasurer of England The Earl of Shrewsbury The Earl of Worcester Sir William Knolls Controuler of her Majesties Houshold The Bishop of London Sir John Fortescue Chancellor of the Exchequer Sir John Popham Lord Chief Justice of England Mr. Secretary Herbert Sir Edmond Anderson Lord Chief Justice of the Common-Pleas Sir _____ Peryam Lord Chief Baron Mr. Baron Clarke Mr. Baron Savelle Mr. Justice Fenner Mr. Justice Kingsmell Mr. Justice Warberton After a silence made and some few Motions made by Mr. Atturney-General and the Queens Counsel and some others the Cryer of the Court again made silence and the Lord Keeper putting off his Hat and then putting it on again spake to this effect My Lords I Am by her Majesties commandment to deliver unto you her gracious pleasure The Lord Keeper's Speech in the Star-chamber and those things which out of her Princely wisdom and care she hath thought fit to be made known I scarce know how to enter into this matter and I am sorry that now in speaking I shall lay open the looseness of the times neither are her Majesties Proclamations regarded neither her Councils Letters respected neither her late-made Statutes and Decrees obeyed nor put in so due execution as they ought These things deserve to have a more round and strict course than have been used and we deserve not so gracious a Pardon as it hath pleased her most gracious Majesty out of her meer goodness lately to bestow upon us but this onely to divers persons and offences of those which live in degree of private men But I am to speak of Offences of Mayors Justices of Assize A Charge for the keeping of Lent strictly and men of that condition The time of Lent and abstinence from Flesh if it be not duely observed what Dearth and Penury will not almost ensue And therefore was the time of Lent well placed even in the Spring and the beginning of the increase of Beasts Her Majesties express command is That it be strictly observed and that with this caution That where fault shall be found that there extremity shall be inflicted and that no
to the Bar with Counsel p. 309 Forcible Entries a bill to explain the Statute of 8 Hen. 6. concerning them p. 11 Forestallers a bill against them p. 102 Forms of speech in French at the passing of Acts p. 12 13 49 50 Foul play in the House complained of and briskly argued p. 321 A great stir about it Ibid. French King made great by the Queens supports p. 182 Fuel a bill for the Size of it p. 146 Furnaces see Glass-houses Fustians a bill about them p. 113 G Gaging Brewers and others to be heard about it p. 24 Garbling a bill for reforming abuses in it p. 121 Gavil-kinde a bill to alter the nature of it p. 113 Arguments about it p. 303 Glass-houses and Furnaces a bill about them p. 27 Government of Cumberland Northumberland Westmerland and Durham a bill to make it more peaceable p. 136 Grammar-School of Tunbridge a bill to assure its maintenance p. 11 Grammar-Schools a bill for good order in them p. 113 Grants made to her Majesty a bill to confirm them as also Letters Patents made by her p. 133 H Hartlepool a bill for maintenance of their Poor p. 22 Hats and Caps a bill for their true making p. 253 Hawkers a bill against them p. 210 Heale Sergeant hum'd and laugh'd at p. 205 Is shew'd his mistake Ibid. Hemp it s sowing in England opposed by Sir Walter Raleigh p. 188 Herrings see Fish salted Horses a bill for their breed and increase p. 133 To have Horse Armour and Weapons p. 7 Horse-stealing a bill to prevent it p. 6 106 Hospitals a bill for their erection p. 106 A bill for that of Lamborn p. 10 A bill for that of Bristol p. 88 A bill for that of Warwick p. 93 A bill for that of S. Bartholomew p. 221 A bill for Nevil's Hospital in Yorkshire p. 111 House the Lord De la Ware petitions for his place in it p. 83 Hue and Cry a bill touching it p. 105 Husbandry and Tillage a bill for its increase p. 5 A bill against its decay p. 97 I Impropriations a bill to relieve the Poor out of them p. 107 Inclosures and Inmates a bill to restrain them neer London and Westminster p. 77 Inclosures and Tillage a bill concerning them p. 105 Innes c. a bill to reform disorders in them p. 17 See it debated p. 278 Innovation complained of against the Lords p. 93 Their resolution thereupon p. 94 Invasions greater intented than ever heard of p. 33 Inventions new a bill to monopolize them thrown out p. 311 Journal the Lord Treasurers motion about it p. 83 Joynture a bill to assure it p. 9 See p. 95 98 142. Judges joyned Committees with the Lords p. 5 Justices of Peace their luxuriant power a Grievance p. 275 A hot contest about them p. 275 276 277 A fling at them by the by p. 268 Reflected on from the Queen p. 151 Further Reflections p. 355 A motion against their slanderers p. 277 Jurors a bill for their relief p. 69 K L. Keeper Sir John Puckering his Speech in Parliament p. 32 Answers the Speaker of the Commons p. 36 Replies to him p. 37 His second Reply p. 47 Sir Tho. Egerton his Speech p. 79 80 81 He answers the Speaker p. 150 His Speech in the Star-chamber by the Queens command p. 353 Kersies a bill to repeal a Statute made 14 Reginae p. 284 L Labourers a bill to explain the Statute 5 Reginae p. 89 Lands Bills for sale of them p. 9 88 96 Forfeited for Treason confirmed to the Queen p. 40 Proceedings thereupon Ibid. See Bills for other Sales p. 70 136 Laws superfluous and burthensome a bill to abridge and reform them p. 103 Often spoken against and argued by many p. 180 193 Lease from her Majesty a bill to confirm it p. 91 Leases made by Archbishops and Bishops a bill about them p. 107 Lessees to enjoy their Leases against all Patents p. 96 Letters Patents for Lincoln a bill to confirm them p. 67 Libel complained of called The Assembly of Fools but found to be an old Toy p. 217 License to depart given by the House p. 23 27 Licenses for Marriage their abuses moved against p. 104 Lincoln and Nottingham a bill to confirm Statutes Merchants there p. 114 Logwood a bill to establish it in dying of Cloth c. p. 111 London a bill to confirm the authority of the Lord Mayor in St. Katherines p. 224 The Sheriffs committed 35 H. 8. p. 196 Longford Estover a bill for rebuilding of it p. 103 Lords temporal present at a dissolution of Parliament p. 12 Both spiritual and temporal at commencement p. 13 129 Losses casual a bill for relief of prisoners and others so impoverished p. 107 M Maltsters a bill to suppress their multitude p. 103 Mannors and Lands a bill to give leave to alienate p. 113 Mariners a bill for their increase and maintenance p. 86 A bill for well ordering them and Sea-men p. 113 Marshals man brought before the Lords for an Arrest p. 87 Message from the Queen by Mr. Speaker about Monopolies p. 248 Seconded by Mr. Secretary Cecil p. 249 Joyfully received p. 252 Thanks ordered to be returned p. 253 A motion to record it and further spoken to p. 257 258 Another from the Queen by Mr. Comptroller p. 261 Misdemeanours in leud and idle persons a bill to prevent them p. 133 Mistake about an Adjournment p. 102 About the Question p. 66 About the manner of receiving Bills p. 94 Money transported impoverisheth the Realm p. 21 Better for this Kingdom if none in the world p. 225 Monopolies their Grievance p. 130 Several smart Speeches on that subject p. 230 c. See much more to the same purpose p. 238 239 240 c. Morter-makers alias Plaisterers p. 314 Mortmain a bill touching it p. 21 Motions made by several p. 61 68 One by Sir Arthur Gorge about Justices noted by Secretary Cecil p. 204 Another by the Speaker in behalf of the Clerk p. 16 Musters c. a bill concerning them p. 133 Lawyers to be exempted a pleasant motion p. 329 N Naturalization several bills for several persons See p. 11 40 44 69 78 144 Navie a bill for its maintenance p. 137 Navigation see Mariners Newcastle a bill to confirm Statutes Merchant acknowledged there p. 124 Newport see Dunkirk Two base Towns p. 280 Non-residents see Pluralities Northampton a bill for the Town p. 106 Norwich a bill to establish that Boshoprick against a concealed Title p. 90 Nottingham see Lincoln O Obedience a bill to continue the people in it p. 55 The Heads of it Ibid. Order of the Lords about Painters and Plaisterers p. 147 148 For the relief of Maimed Souldiers p. 42 Ordnance a bill to prohibit their transportation p. 291 Debates some for the bill and some for petitioning the Queen to revoke her Patent p. 291 292 c. The bill asleep in the Lower House p. 333 The Speaker promises to mention it in
his Speech to the Queen but does not p. 334 Which caused a Murmur Ibid. It is further spoken to Ibid. Orford-Haven a bill for its preservation p. 9 Outlawries secret a bill to avoid them p. 11 P Painters and Plaisterers to be heard p. 144 Their Case debated p. 270 271 See more p. 313 314 315 Painting a bill to prevent abuses in it p. 114 A bill of no great moment p. 191 Pamphlets published by Jesuits and Seminaries p. 331 Pardon free several bills for it p. 29 49 147 335 To be craved for extravagant Speeches in the House p. 252 Thanks for the same p. 12 150 335 It passeth at once reading whereas other bills have three p. 44 Parishes of 8800 and odde not above 600 afford a competency p. 218 Paris garden a bill to re-unite the Mannor p. 121 Parliament summoned to begin Nov. 12. prorogued to Feb. 4. 1588. p. 1 Dissolved March 29. 1589. p. 29 Passed into Acts 16 publick and 8 private Bills Ibid. Began Nov. 19. 1592. p. 31 Dissolved Apr. 10. 1593. p. 50 We have no account of the number of Bills Began Octob. 24. 1597. p. 79 Dissolved Feb. 9. 1597. p. 99 Passed into Acts 24 publick and 19 private Bills p. 127 48 Bills refused that had past both Houses Began Octob. 27. 1601. p. 129 Dissolved Decem. 19. 1601. p. 333 Passed into Acts 19 publick and ten private Bills p. 151 Parliament-man priviledged and his servant for fourteen days p. 225 One of them swooneth in the House p. 332 Several Conjectures about it Ibid. Patents Committees named for them p. 103 Patents and Patentees a List of them Ibid. Pawn-takers see retailing Brokers Pedegree of the Marquess of Winchester p. 195 Pelts see Sheep-skins People a bill to increase them p. 90 Perjury a bill to prevent it p. 221 Petty Larceny its punishment p. 71 Phesants and Partridges a bill to preserve them p. 132 Pins a bill to avoid their importation p. 92 Plaintiff to pay the Defendant costs being in Prison for want of Bail if the Suit go against him p. 123 Plaisterers see Painters Pluralities a bill against them largely debated p. 218 219 220 Plymouth a bill for the Haven p. 74 Prayer a Copie of that used daily in the Commons House p. 179 Preamble to the bill of Subsidie p. 70 Precedent a notable one p. 233 Precedents that Warrants of new Election ought to go from the Speaker the Parliament sitting p. 192 Printers a bill against their multiplicity p. 322 One over Guild-hal-gate p. 217 Priviledges of Parliament canvass'd p. 254 255 Priviledge not to say what they list but Yea or No p. 37 Broken by an Arrest complained of p. 225 Privie-Counsellors irreverence to them blamed by the Queen p. 47 Probate of Wills its abuses moved against p. 104 Process a bill for its better execution p. 70 Proclamations upon Fines at Common Law to be abridg'd p. 7 Proctors all the Spiritual Lords but one had two p. 4 Protest of the Commons p. 95 Proviso for the Lard Powes and Sir Edward Herbert p. 25 Proxies ordinary and extraordinary p. 34 38 39 Purchasers a bill to assure their Lands p. 68 Purveyors a bill to reform their disorders p. 17 The Queens care about them signified by Mr. Speaker p. 24 Q QUEEN comes to the Vpper House p. 2 4 31 45 129 334 She makes a Speech her self p. 48 Swears by God she will punish Cowards Ibid. She makes another Speech p. 263 264 265 266 Quaere Whether the Speaker have a voice p. 321 The Speaker declares he hath none by custom Ibid. What was done with the money raised for the Poor p. 333 R Raleigh Sir Walter his sharp Speech and great silence after it p. 235 He complains for liberty of speech p. 302 He blushes p. 232 Rapesdale in Lancashire a bill for its Inhabitants p. 107 Recusants and Sectaries very pernicious to Government p. 46 Recusants Popish restrained to some place p. 40 A bill about them p. 61 Relief of Thomas Hasilrig Esq a bill p. 18 Of George Ognel Esq a bill p. 20 Of the Citie of Lincoln a bill p. 25 Remainder of certain Lands of Andrew Kettleby to be established on Francis Kettleby p. 135 Repeal of a branch of a Statute of 4 5 Phil. Mary p. 73 Roan made Admiral threatens England p. 58 Robbing in the day-time though none in the house not admitted to Clergie a bill p. 96 Robberies a bill to suppress them p. 105 S Sabbath-breakers Examples of Gods judgments upon them p. 274 School of Tunbridge a bill for it p. 22 Schoolmaster a bill to maintain one at Wanting p. 103 Secrets of the House misrepresented and discover'd complained of p. 18 Sectaries see Recusants Seditious persons a bill to punish them p. 38 Sergeant of London sent for on an Arrest p. 85 Sheeps skins a bill touching their transportation p. 102 Sheriffs a bill to reform abuses in them and their under-Officers p. 141 Ships one English beat twenty Spanish till they got our Guns p. 293 One of the Queen 's a petty Princes wealth p. 59 One ready laden with 36 Pieces of Ordnance p. 307 Shop-books a bill to prevent double payment of debts upon them p. 111 Silk-weavers a bill to reform their abuses p. 222 Sollicitors a Bill about them Ibid. Their Character p. 201 None to sollicit but without fee p. 222 No Mechanick trades-man to be one Ibid. Souldiers see Captains A bill to reform sundry abuses done by them in the War p. 95 A Collection for them p. 41 Absent Members of both Houses to pay double p. 43 Mr. Secretary Cecil's passionate Speech for maimed Souldiers p. 307 Spain the practices of that King against England p. 183 184 The Spanish General 's Letter to the Irish Catholicks p. 351 Speaker Sir George Snag He is presented excuses himself is approved His Thanks and Petitions allowed p. 4 5 Edward Coke Esq His excuse not allowed his Petitions granted p. 53 His Speech p. 35 He speaks again p. 36 His Speech to the Queen p. 45 Serjeant Yelverton His excuses Petitions c. p. 82 He giveth a Caution p. 101 John Crook Esquire Recorder of London His Speech p. 131 149 He gives an account of the Queens Speech p. 71 272 He makes his Speech p. 334 Speeches of many worthy Members upon several occasions p. 56 57 58 59 60 61 62 63 64 65 66 Spinners a bill concerning them p. 73 Spur a Motion about an ancient custom of putting off the Spurs before entrance of Members into the House p. 181 Stanes Bridge a Bill for its reparation p. 110 Star-chamber persons present there p. 353 Statutes a bill to repeal certain of them p. 19 See p. 74 Stealing of horses a Proviso against it p. 189 A bill about stealing Oxen Sheep c. p. 69 Stealers of Corn and Fruit a bill against them p. 112 Stews their Case like that of Ale-houses p. 181 Being suppressed every house is a Bawdy-house
the Queens Hospital in Bristol and for the relief of the Poor and Orphans there Sunday Decemb. 11. On Munday Decemb. 12. the Bill for redressing the abuses and deceits used in Painting upon the second reading was committed unto Mr. George Moore Mr. Fettiplace Sir William Cornwallis Mr. Recorder of London and others who were to meet to morrow in the afternoon in the Exchequer-chamber The Bill for confirming the Letters-Patents granted to the Merchant-Adventurers of the City of Exeter was upon the second reading committed unto the Knights and Citizens for London the Burgesses for York Lynn and Newcastle Mr. Serjeant Heale and others who were appointed to meet this afternoon in the Middle-Temple-hall The Bill against the buying of Armour brought from beyond the Seas was read the second time and rejected upon the several Questions for the committing and ingrossing The Bill for provision of a Preacher in the Tower of London Bill for a Preacher in the Tower of London was upon the second reading committed unto all the Privy Counsellors of this House Mr. Henry Hubbert Mr. Lieutenant of the Tower Mr. Recorder of London and others who were appointed to meet to morrow in the afternoon in the Exchequer-chamber The Bill also for building of a bridge over the River Wye was upon the second reading committed unto Sir Robert Wroth Mr. Herbert Crofts Mr. Serjeant Williams Mr. Robert Knowls Sir John Scudamore Mr. Creswell and others who were appointed to meet to morrow in the afternoon in the Middle-Temple-hall The Bill for the Lord Thomas Howard was upon the second reading committed unto Mr. Chancellor of the Exchequer Mr. Francis Bacon Mr. Francis Moore Mr. Winch Mr. Sollicitor and others who were appointed to meet upon Wednesday next in the afternoon in the Treasury-chamber The Bill for the relief of the Poor was read the third time and passed upon the Question On Tuesday Decemb. 13. six Bills had each of them one reading of which the last being a Bill for the true making of Daggers Swords and Rapiers and of the blades of every of them was read the second time and rejected upon the several Questions for the committing and ingrossing The Amendments in the Bill for Bristol was thrice read and passed The Bill for the recovery of certain waste marish and watery Grounds in the Isle of Ely and the Counties of Cambridge Huntington Northampton Lincoln Norfolk and Suffolk was read the third time and passed upon the Question Which Bill and also the Bill for the relief of the poor which passed the House yesterday were sent up to the Lords by Mr. Controuler and others The Bill for Husbandry and Tillage was read the second time and after some Amendments therein by some of the Committees in the Committee-chamber of this House the said Amendments being twice read the Bill was ordered to be ingrossed On Wednesday Decemb. 14. five Bills had each of them one reading of which the last being the Bill for granting of three Subsidies and six Fifteens and Tenths was read the third time and passed upon the Question Mr. Atturney-General and Dr. Stanhopp brought from the Lords a Bill lately passed in this House entituled An Act for the explanation of the Statute made 1 Eliz. concerning Labourers shewing that their Lordships have likewise passed the same with some Amendments Two other Bills had each of them one reading of which the second being a Bill for the establishing of the possessions of the Bishoprick of Norwich was read the third time and staid from being put to the Question for passing till to morrow that the Counsel of one Mr. Leicester might be heard in this House Friday next is appointed to hear the Counsel learned of and concerning the Cause of Leassees and Patentees On Thursday Decemb. 15. two Bills had each of them one reading of which the second being the Bill for the lawful making of Bayes was read the third time and passed upon the Question The Amendments in the Bill for the relieving of Cloathiers concerning the weight of short broad and colour'd Cloaths to be made in the Counties of Suffolk and Essex were twice read and ordered to be committed The Bill for better staying of Corn within the Realm passed upon the Question and upon the division of the House after many Arguments with the difference of 29 Voices viz. with the Yea 124 Observation of a Ceremony of ancient custom used in the House of Com. and with the No 85. Whereupon after a Motion that according to the ancient custom of this House all the Members of the same which did speak against the passing of the said Bill should go forth of the House to bring in the Bill into the House again together with the residue of the Members of this House which went out before with the passing of the said Bill wherein as sundry Speeches were used pro contra so at last it was resolved it should be so done and observed for orders sake accordingly And then all the Members of this House being gone forth saving Mr. Speaker and the Clerk Mr. Controuler brought in the Bill in his hand accompanied with all the Members of this House and delivered the same Bill to Mr. Speaker according to the ancient former use of this House in that behalf observed On Friday Decemb. 16. five Bills had each of them the third reading and passed upon the Question of which one was against the stretching and taintering of Northern Cloath and another against the transporting of Sheep-skins and Pelts And a little after all the said Bills were passed in the House they were sent up to the Lords by Mr. Controuler and others The Bill for confirmation of the Joynture of Christian Lady Sands was upon the second reading committed to Mr. Controuler Mr. Secretary Mr. Brodgrave Atturney of the Dutchie Sir William Moore Mr. Edward Lukenor Sir Francis Hastings and others who were appointed to meet to morrow in the afternoon in the Exchequer-chamber After many Arguments in the Bill for increase of people for the service and strength of the Realm both for and against it a Motion was made That a Proviso ingrossed in Parchment might be added to the same Bill which being thrice read and the Bill and Proviso put to the Question the same did pass upon the Question and it was then ordered that the said Proviso should be inserted and written in the end of the said Bill as parcel thereof On Saturday Decemb. 17. the Bill for relief of Cloathiers concerning weight of short broad coloured Cloaths to be made within the Counties of Suffolk and Essex was read the third time and passed upon the Question and after upon the division of the House with the difference of 26 Voices viz. with Yea 105 and with the No 79 Which being done and a Motion thereupon made by some That those that did sit against the Bill might rise and go forth to fetch and bring in the Bill into this House accompanied with the
of the Chancery Sir Francis Hastings said Sir Francis Hastings By the Leave of your Honourable Favours I will shew you that I my self was yesterday with the Lord Keeper and how honourably I heard him speak of this House That he desireth no more than to shew the Love and Duty he beareth to this House as also that himself would be our immediate Officer and would be willing and glad to receive a Warrant from us so it might be directed to him for his Discharge be it in what Terms soever we pleased And he said he doubted not but if this Honourable House knew so much they would rather choose him than any other Minister Thus much I thought fit to certify this House of which being spoken in private unto me I now deliver in publick unto you For my own Advice I think nothing can be more Honourable to this House than to have a person of so great Estate to whom we may direct our Warrant as our Minister Mr. Francis Bacon said Mr. Bacon It is far more Honourable for this House in my Opinion when our Warrant shall move the Principal Member of Justice than when it shall command a base petty or inferiour Servant to the Clerk of the Crown or the Clerk of the Petty-Bag It will be said our Warrant emanuit improvide when we shall direct our Warrant to these base Officers when we may move the great Seal of England by it even as soon as either Petty-Bag or Petty Officer Mr. Speaker said Mr. Speaker I was ever Zealous and Jealous of the Privileges and Orders of this House I was commanded by you to send forth a Warrant for the Election of a Knight and Burgesse I found a Resolution and judgment Agreed and Resolved That during the time of the Sitting of this House the Speaker for any new Election is to make a Warrant directed to the Clerk of the Crown so that in my doing thereof I hope I have done rightly Mr. Secretary Cecil said 〈…〉 I shall move unto you a Conclusion which will end this Controversy and in the mean time be a Saving unto all persons I mean not to second my former Errour for which I was excepted to That is that Mr. Speaker or any Member of this House should attend my Lord Keeper but that four of this House might be Assigned to go unto my Lord Keeper to know the cause of the Stay as also his Lordship's request unto this House And that other six may be Assigned to call before them the Clerk of the Crown the Clerk of the Petty-bag and the Clerk of this House with their Precedents and Books to see to whom this Warrant hath in former times been directed and whether the Privileges in former times have daunced a Pavan too and Pro and according to the time have been altered This to be done this afternoon and to certify the House to morrow And then We to make a Determinate Resolution To which all said It was a good Motion Mr. Holteroft a Knight for Cheshire said May it please you Mr. Speaker the County-day for Denbyshire is on Thursday next and therefore there had need be speed made or else there can be no Election this Parliament Mr. Speaker said Will 't please you to name the six Committees So the House Named Sir Edward Hobby Serjeant Harris Sir Francis Hastings and three others Mr. Speaker also said Will 't please you to Nominate the four to go to the Lord Keeper So the House 〈◊〉 Mr. Seceretary Hubbart Sir Edward Stafford Sir Edward Stanhop and Mr. Fulk Grevil On Saturday Novemb. 14. The Bill for the Confirmation of the Sale of Lands made by Leaes Lord Mordant Deceased The Bill for Amending the Statute made 8 Reginae concerning the making of Hats A Bill to enable Sir Edward Markham Knight to sell Lands was Read and committed The Committee to meet on Friday in the afternoon in the Court of Wards The Bill for the Repealing of certain Statutes for the Reforming of certain Abuses in Cloathing in the County of Somerset Mr. Johnson said Mr. Johnson informed that he is Subâ—…d Mr. Speaker I being a Member of this House I thought it my Duty to Inform you That my self and divers others are served with Subpanas I do not this either that I am loath to answer or desire to delay Justice but to Inform the House thereof by Peradventure it might be a Precedent or some prejudice to the Priviledge of this House Here is one which is now delivered into my Hand The House Cryed Read it So the Clerk Read it Edvardo Mountague Jacobo Harrington c. indorsatur Stephanus Riddlesden sequitur hoc Another was read Michaëli Hicks Thomae Lowe in Cancellaria Another Henrico Jackman Jeronimo Horsey in Scaccaria ad sectam Thomae Cornwallis Armigeri per Billam Anglicanam Another Michaëli Same 's Riccardo Same 's in Banco Reginae ad Testificandum inter Reginam Johannem Stray After the Reading of which he certified the House thus much That the Informer came to his Lodging this Morning as he was coming out of the Doors and asked for him he told him He was the Man Then quoth the Informer the Queen Greets you well What 's this quoth I A Subpoena quoth the Informer and I charge you to appear upon it according to the Contents Then I told him I was of this House and could not Attend He answered me again There it is I care not look you to it at your Peril Mr. David Waterhouse stood up and shewed David Waterhouse shews Reasons for the Allowing it That the Subpoena came out of his Office and further shewed The Necessity of Obeying it For that a Cause for want of a Witness might be lost And therefore if the Hearing be appointed at a Day certain the Client might peradventure be undone if he should not have this Subpoena ad Testificandum in due time both served and appeared unto Sir Edward Hobby alledged divers Precedents in this Point Sir Edward Hobby shews Precedents against it as the 10th of February 27 Reginae Mr. Kerle served one Roger Stepney with a Subpoena into the Star-Chamber for which he was adjudged to the Serjeant at Arms Keeping for Six Dayes and to pay Five Marks Charges And the 25th of March 27 Reginae Mr. Crook served a Member of this House with a Subpoena into the Chancery and for so doing was adjudged to give a Copy of the Bill and Twenty Shillings for Charges and was committed to the Serjeant's Keeping Mr. Wiseman said Seconded by Mr. Wiseman against it That notwithstanding the Allegation and Excuse of the Gentleman that spake in Favour of the Subpoena ad Testificandum I think it deserveth no more Favour than the other For if the Necessity of the Cause were such that he must needs be served and spared out of this House the Party ought to ask Leave of the House or at least of
of Her Servants That we must go and cry out against But if She grants it to a Number of Burgesses or Corporation that must stand and that forsooth is no Monopoly I say and I say again That we ought not to deal or meddle with or judge of Her Majesty's Prerogative I wish every Man therefore to be careful in this Point And humbly pray this House to testifie with me That I have discharged my Duty in respect of my Place in speaking on Her Majesty's Behalf and do protest I have delivered my Conscience in saying what I have said Doctor Bennet said Dr. Bennet against the Monopoly for Salt He that will go about to debate Her Majesty's Prerogative Royal must walk warily In respect of a Grievance out of that City for which I Serve I think my self bound to speak That now which I had not intended to speak before I mean a Monopoly of Salt It is an Old Proverb Sal sapit omnia Fire and Water are not more Necessary But for other Monopolies of Cards Sir Wal. Rawleigh Blushes At which word Sir Walter Rawleigh Blush'd Dice Starch c. they are because Monopolies I must confess very Hateful though not so Hurtful I know there is a great Difference in them And I think if the Abuse in this Monopoly of Salt were Particularized this would walk in the Fore-Rank Now seeing we are come to the Means of Redress let us see it be so Mannerly and Handsomely handled that after a Commitment it may have good Passage Mr. Laurence Hide said Mr. Laurence Hide to the same Bill I confess Mr. Speaker That I owe Duty to God and Loyalty to my Prince And for the BILL it self I Made it and I think I Understand it And far be it from this Heart of mine to Think this Tongue to Speak or this Hand to Write any Thing in Prejudice or Derogation of Her Majesty's Prerogative Royal and the State But because ye shall know this Course is no new Invention but long since digested in the Dayes of our Fore-Fathers above Three Hundred Years ago I will offer to your Considerations one Precedent in the 50 Ed. 3. At which time one John Peache was Arreigned at this Bar for that he had obtained of the King a Monopoly for Sweet Wines The Patent after great Advice and Dispute adjudged Voyd and before his Face in open Parliament Cancell'd because he had Exacted Three Shillings and Four Pence upon every Tun of Wine himself adjudged to Prison until he had made Restitution of all that he ever had Received and not to be Delivered till after a Fine of Five Hundred Pounds paid to the King This is a Precedent worthy Observation A notable Precedent but I dare not presume to say worthy the Following And Mr. Speaker as I think it no Derogation to the Omnipotency of God to say He can do ill so I think it no Derogation to the Person or Majesty of the Queen to say so Yet because Two Eyes may see more than One I humbly pray That there may be a Commitment had of this Bill lest some thing may be therein which may prove the Bane and Overthrow thereof at the Time of the Passing Mr. Serjeant Harries said Mr. Speaker For ought I see Serjeant Harries the House meaneth to have this Bill in the Nature of a Petition It must then begin with more Humility And truly Sir the Bill is Good of it self but the Penning thereof is somewhat out of Course Mr. Mountague said The Matter is Good and Honest Mr. Mountague for the Bill and I like this manner of Proceeding by Bill well enough in this Matter The Grievances are great and I would only note but thus much unto you That the Last Parliament we proceeded by way of Petition which had no successful Effect Mr. Francis Moore said Mr. Speaker I know the Queen's Prerogative is a Thing curious to be dealt withal Mr. Francis Moore yet all Grievances are not comparcable I cannot utter with my Tongue or conceive with my Heart the great Grievances that the Town and Country for which I Serve suffer by some of these Monopolies It bringeth the General Profit into a Private Hand and the End of all is Beggary and Bondage to the Subject We have a Law for the true and Faithful Currying of Leather There is a Patent that sets all at Liberty notwithstanding the Statute And to what purpose is it to do any thing by Act of Parliament when the Queen will undo the same by Her Prerogative Out of the Spirit of Humility Mr. Speaker I do speak it There is no Act of Hers that hath been or is more Derogatory to Her own Majesty or more Odious to the Subject or more Dangerous to the Common-Wealth than the Granting of these Monopolies Mr. Martin said I speak for a Town that grieves and pines and for a Country that groaneth under the Burthen of Monstrous and Unconscienable Substitutes to the Monopolitans of Starch Mr. Martin 〈…〉 Tynn Fish Cloth Oyl Vinegar Salt and I know not what nay What not The Principal Commodities both of my Town and Country are ingrossed into the Hands of these Blood-Suckers of the Common-Wealth If a Body Mr. Speaker being Let Blood be left still Languishing without any Remedy How can the Good Estate of that Body long remain Such is the Estate of my Town and Country The Traffick is taken away by Wars the Inward and Private Commodities dare not be used without License of those Monopolitans If these Blood suckers be still let alone to suck up the best and principallest Commodities which the Earth there hath given Us What shall become of Us from whom the Fruits of our own Soyl and the Commodities of our own Labour which with the Sweat of our Brows even up to the Knees in Mire and Dirt we have labour'd for shall be taken from Us by Warrant of Supreme Authority which the poor Subject dares not gain-say Sir George Moore said Sir George Moore I make no Question but that this Bill offereth Good Matter and I do wish that the Matter may in some other sort be Prosecuted and the Bill Rejected Many Grievances have been laid open touching the Monopoly of Salt but if you had added thereunto Peter then you had hit the Grief aright with which my Country is perplexed There be Three Persons Her Majesty the Patentee and the Subject Her Majesty the Head the Patentee the Hand and the Subject the Foot Now here is our Case the Head gives Power to the Hand the Hand Oppresseth the Foot the Foot Riseth against the Head We know the Power of Her Majesty cannot be Restrained by any Act Why therefore should we thus Talk Admit we should make the Statute with a non Obstante yet the Queen may grant a Patent with a non Obstante to cross this non Obstante I think therefore That it agreeth more with the Wisdom and Gravity of this House to