ensuing The Session of Parliament held in the 18 th year of Queen Elizabeth began on Wednesday the 18 th day of February Anno Domini 1575. and was Prorogued on Thursday the 15 th day of March ensuing The Session of Parliament held in the 23. year of Queen Elizabeth began on Monday the 16 th day of January Anno Domini 1580. and was Dissolved on Friday the 19 th day of April Anno Domini 1583. The Parliament held in the 27 th year of Queen Elizabeth began on Monday the 23. day of November Anno Domini 1584. and was Dissolved on Wednesday the 14 th day of September An. Domini 1586. Anno 28 Regin ejusdem The Parliament held in the 28 th and 29 th years of Queen Elizabeth began on Saturday the 29 th day of October Anno Domini 1586. and was Dissolved on Thursday the 23. of March Anno 29 Regin ejusdem The Parliament held in the 31. year of Queen Elizabeth began on Tuesday the 4 th day of February Anno Domini 1588. and was Dissolved on Saturday the 29 th day of March Anno Domini 1589. The Parliament held in the 35 th year of Queen Elizabeth began on Monday the 19 th day of November Anno Domini 1592. and was Dissolved on Tuesday the 10 th day of April Anno Domini 1593. The Parliament held in the 39. and 40. years of Queen Elizabeth began on Monday the 24. day of October Anno Domini 1597. and was Dissolved on Thursday the 9 th day of February An. 40 Regin ejusdem The Parliament held in the 43. and 44 th years of Queen Elizabeth began on Tuesday the 27 th day of October Anno Domini 1601. and was Dissolved on Saturday the 19 th day of December ensuing Anno 44. Regin ejusdem The Names of the Lord Keeper Lord Chancellor or others who supplied their places as Speakers of the House of Lords during all the Reign of Queen ELIZABETH as also all the Names of all the Clerks of the said House of Parliament together with the Names of the several Speakers of the House of Commons and Clerks of the same House during all the Parliaments of the said Queens Reign The several Years of her Majesties Reign in which the said Parliaments or Sessions of Parliament were held The Names of the Lord Keeper Lord Chancellor c. and of the Clerks of the House of Lords The Names of the Speakers of the House of Commons and of the Clerks of the same House IN the Parliament held in the first Year of Queen Elizabeth Sir Nicholas Bacon Knight Lord Keeper of the Great Seal of England whose place was supplied Mar. 4. by the Marquess of Winchester Lord Treasurer of England Sir Thomas Gargrave Knight Speaker  Francis Spilman Esquire Clerk of the Upper House ..... Seimour Gent. Clerk of the House of Commons In the Session of Parliament held in the fifth Year of Queen Elizabeth The same Lord Keeper Thomas Williams Esq Speaker The same Clerk The same Clerk In the Session of Parliament held in the ninth Year of Queen Elizabeth The same Lord Keeper and his place supplied for divers dayes during his being sick of the Gout First by the Marquess of Winchester Lord Treasurer of England after by Sir Robert Catlin Knight Lord Chief Justice of the Kings Bench. Richard Onslow Esq the Queens Sollicitor  The same Clerk who either died or surrendred his place before the next Parl. began in An. 13 Reg. Eliz. The same Clerk In the Parliament held in the thirteenth Year of Queen Elizabeth The same Lord Keeper and his place supplied for divers dayes during his sickness by Sir Robert Catlin K t Lord Ch. Justice of the Kings Bench. Christopher Wray Serjeant at Law Speaker  Anthony Mason aliàs Wilkes succeeded Francis Spilman in the place of the Clerk of the House of Lords Fulk Onslow Gent. Clerk of the House of Commons In the Session of Parliament held in the fourteenth Year of Queen Elizabeth The same Lord Keeper and his place supplied in his absence for divers days by Sir Robert Catlin K t Lord Chief Justice of the Kings Bench. Robert Bell Esq Speaker  The same Clerk The same Clerk In the Session of Parliament held in the eighteenth Year of Queen Elizabeth The same Lord Keeper and his place supplied for divers dayes in his absence by the Lord Burleigh Lord Treasurer of England The same Speaker  The same Clerk The same Clerk In the Session of Parliament held in the twenty third Year of Queen Elizabeth Sir Thomas Bromley Knight Lord Chancellor John Popham Esq the Queens Sollicitor Speaker  The same Clerk The same Clerk In the Parliament held in the twenty seventh Year of Qucen Elizabeth The same Lord Chancellor John Puckering Serjeant at Law Speaker  The same Clerk The same Clerk In the Parliament held in the twenty eighth and twenty ninth Years of Queen Elizabeth The same Lord Chancellor and his place supplied for divers dayes during his sickness by Sir Edmund Anderson Knight Lord Chief Justice of the Common Pleas. John Puckering Serjeant at Law Speaker again  The same Clerk The same Clerk from Oct. 29. to Dec. 2. 1589. And the same Clerks Kinsman W. Onslow Gent. from Febr. 15. to March 23. ensuing In the Parliament held in the thirty first Year of Queen Elizabeth Sir Christopher Hatton Knight Lord Chancellor George Snagg Serjeant at Law Speaker  The same Clerk The same Clerk In the Parliament held in the thirty fifth Year of Queen Elizabeth Sir John Puckering Knight Lord Keeper of the Great Seal of England Edward Coke Esq the Queens Sollicitor Speaker  The same Clerk The same Clerk In the Parliament held in the thirty ninth and fortieth Years of Queen Elizabeth Sir Thomas Egerton Knight Lord Keeper of the Great Seal of England Christopher Yelverton Serjeant at Law Speaker  Thomas Smith Esq succeeded Clerk of the Upper House to Anthony Mason alids Wilkes The same Clerk In the Parliament held in the 43 44 Years of Queen Elizabeth The same Lord Keeper J. Croke Esq Recorder of London The same Clerk The same Clerk THE JOURNAL OF THE House of LORDS A o 1 o Regin Eliz. A. D. 1558 1559. The Journal of the Proceedings of the House of Lords in the Parliament holden at Westminster A o 1 o Regin Eliz. Anno Dom. 1558. beginning there after one Prorogation of the same on Wednesday the 25 th of January and then and there continued until the Dissolution thereof on Monday the 8 th day of May Anno Dom. 1559. QUeen Mary Deceased on Thursday the 17 th day of November in the year of our Lord 1558. and the Parliament then Assembled in the 6th and last year of her Reign thereby immediately Dissolving the thrice Excellent and Prudent Princess Queen Elizabeth according to her right and Hereditary Title without any opposition or difficulty King Philip being then very happily absent beyond the
directed unto him for a Proxie is but an Authority to give another man's assent which cannot be transferred to a third person yet doth the sending of one Proxie sufficiently excuse any absent Lord although the Peer to whom it is directed be not present himself but as soon as that absent Lord shall have notice that he or they whom he constituted for his Procurators do themselves send their Proxies also by reason of their absence then may he send another Proxie and constitute one other or more Proctors for himself and in his stead to give his voice de Novo as the Lord Vaux did in A. 18. Jacobi Regis After those Bloody and Intestine Civil Wars which had been raised in England in the year 1642. and that Robert Earl of Essex General of the Forces raised by the two Houses of Parliament against the King had by the Power of the Independent Faction over ballancing those who desired the settling of the Presbyterian Government been laid aside and Sir Thomas Fairfax Knight placed in his Room the opposition between those two Parties in either House of Parliament growing every day higher and higher the Aged Earl of Mulgrave being an Enemy to all Faction and Innovation was much troubled that William Viscount Say and Seale the chief Promoter of the Independent Novelties did make use of his Proxie for the acting and passing those particulars which were contrary to the Judgment and Conscience of him the said Earl of Mulgrave And therefore my advise being desired by some of the Members of the House of Commons for the reminding him thereof I drew the Letter and Instrument ensuing being not only the first but the sole President also of this King which yet remains upon Record in the Office of the Clerk of the House of Peers To the Right Honourable the Speaker of the House of Peers pro Tempore My very good Lord I am humbly to request of your Lordship to communicate this my present Instrument under my hand and Seal to the House of Peers that it may be publickly there Read and remain upon Record in the Office of the Clerk of the same House Kenzington April 1646. I am Your Lordships humble Servant TO all Christian People to whom these presents shall come Edmund Earl of Mulgrave Greeting Know Ye that Whereas I the said Edmund Earl of Mulgrave have formerly constituted the Right Honourable William Viscount Say and Seal c. my lawful Actor and Procurator for me and in my name to give my Voice and Suffrage upon all such emergent Occasions as the same shall be requisite by the ancient Orders and Constitutions of the House of Peers That I do now by these presents Revoke and Vacate the Proxie by which I did formerly Constitute the said William Viscount Say and Seal my lawful Actor and Procurator as is aforesaid and do hereby declare the same Proxie to be utterly Annulled Vacated and Revoked to all intents and purposes whatsoever In witness whereof I have Signed and Scaled these presents this day of April in the 22th year of the Reign of our Sovereign Lord Charles by the Grace of God of England Scotland France and Ireland King etc. An. Dom. 1646. This Instrument was written and ingrossed in Parchment as a Deed Poll is and to it in a Libel of Parchment was the Seal of the said Earl of Mulgrave affixed and it was read and allowed in the House of Peers Soon after the allowance of the aforesaid Instrument the said Earl of Mulgrave sent this ensuing Proxie to the Earl of Essex who made use of it in the House of Peers and it was there allowed of without any the least question or dispute OMnibus Christi Fidelibus ad quos hoc presens Scriptum pervener it Edmundus Comes de Mulgrave Salutem Noveritis me prefatum Edmundum Comitem de Mulgrave per Licentiam Serenissimi Domini nostri Regis a presenti hoc suo Parliamento inchoat ' et tent ' apud Westmonasterium etc. sufficientèr excusatum abesse nominare ordinare et constituere dilectum mihi in Christo et honorandum Virum Robertum Comitem Essex meum verum certum et indubitatum Factorem Actorem seu Procuratorem per presentes eidemque procuratori meo dare concedere plenam Authoritatem potestatem pro me nomine meo de super quibuscunque causis negotiis in Presenti hoc Parliamento exponendis seu declarandis tractandi tractatibusque hujusmodi inibi factis seu faciendis consilium auxilium nomine meo impendendi statutisque etiam ordination ' quae ex maturo deliberato judicio Domincrum in eodem Parliamento congregat ' inactitart seu ordinari contiger in t nomine meo consentiendi Caeteraque omnia singula quae in praemissis necessaria fuerint seu quomodolibet requisita faciendi exercendi in tam amplis modo forma ut ego ipse facere possem aut deberem si presens personalitèr interessem Ratum Gratum habiturus totum quicquid Procuratormeus statuerit aut fecerit in praemissis In 〈◊〉 rei testimonium praesentibus subscripsi Sigillumque apposui Neither will it be impertinent to set down here how many Proxies were sent to some special Peers at this Parliament it having been my usual course to make some short remembrance of them in all their Journals of Queen Eliz's Reign upon the first day that any extraordinary Proxies were returned and I have caused not only the Presidents of this kind to be inserted here at large in respect this was the first Parliament of her Majesties Reign but also because they are more full and direct than any other that ensue to prove what hath been the ancient use and Priviledge of the Peers of the Upper House in the matter of sending and receiving of Lords Procuratory At first Nicolas Archbishop of York for the See of Canterbury remained still void since the Death of Cardinal Pool was constituted the sole or joynt Proctor of David Bishop of Peterborough Cuthbert Bishop of Durham Thomas Bishop of Ely Gilbert Bishop of Bath and Wells Henry Bishop of St. Davids and of Thomas Tresham Prior of St. Johns of Jerusalem all which Proxies are entred at the beginning of the Original Journal Book of the Upper House to have been returned on Monday the 23th day of January on which this present Parliament was Summoned to have begun Francis Earl of Bedford was also Constituted the sole or joynt Proctor of 15 several Peers viz. of John Lord Mordant William Lord Paget George Lord Zouch and of Henry Lord Aburgaveny all which Proxies are entred at the beginning of the Original Journal Book of the Upper House to have been returned this present Monday the 23th day of January He was also constituted the joynt Proctor of Edward Lord Clinton Lord Admiral Thomas Lord Sands William Lord Vaux of Heredoun William Lord Gray of Wilton and Henry Earl of Cumberland all whose Proxies are entred in such
Majesties coming to the Upper House The manner of calling the Names of the Knights Citizens and Burgesses in former times did much differ from that which is used at this day as appears by the Parliament Rolls in the Tower for in an 7 R. 2. the Knights and Burgesses were called by name in presence of the King which shews they staid without till then And in an 2 H. 4. an 4 H. 4. they were called by name in the Chancery at Westminster-Hall before the Chancellor and the Steward of the Kings House And in an 13 H. 4. the said Knights and Burgesses were called at the Door of the Painted Chamber in presence of the Steward of the Kings House as the manner is Only one President differs from all the latter which is found in the Original Journal-Book of the Upper House de Anno 33 H. 8. where the Duke of Suffolk Lord Steward commanded the Clerk of the Parliament to read the Names of the Commons unto which every one answered they being all in the Upper House below the Bar and then the King came But at this day they are called by their names by the Clerk of the Crown in presence of the Lord Steward in the Court of Requests and now since the first Year of Queen Eliz. and from the fifth the Knights Citizens and Burgesses of the House of Commons as hath been before observed do take the Oath of Supremacy and since the seventh of King James they take the Oath of Allegiance also which the Lord Steward administers to some and appoints certain of them his Deputies to give the same unto the rest 7 Jac. cap. 6. These passages touching the Antient and Modern calling of the Knights Citizens and Burgesses of the House of Commons being not at all touched in the Original Journal-Book of the same House but supplied from other Authority now follows the residue of this days passages out of the foresaid Journal-Book with some Additions Upon the already named 25 th day of January her Majesty came to the Parliament Chamber commonly called the Upper House and being there set and attended by Sir Nicholas Bacon Lord Keeper and divers Lords Spiritual and Temporal in their Parliament Robes the House of Commons had notice thereof and repaired thither And being as many as conveniently could let in and silence made the Lord Keeper of the Great Seal after an Excellent Oration by him made containing the urgent causes for the Calling of this Parliament declared the Queens pleasure to be that the Commons should repair to their accustomed place and there to chuse their Speaker Whereupon the Knights Citizens and Burgesses departing to their own House did there take their several places and most remaining silent or speaking very submissively M r Treasurer of the Queens House standing up uncovered did first put the House in remembrance of the Lord Keepers late Speech and of his Declaration of her Majesties pleasure that they should chuse a Speaker and therefore in humble Obedience to her Majesties said pleasure seeing others remain silent he thought it his Duty to take that occasion to commend to their Choice Sir Thomas Gargrave Knight one of the Honourable Council in the North Parts a worthy Member of the House and Learned in the Laws of this Realm By which Commendations of his of the aforesaid worthy Member of the House to their Consideration he said he did not intend to debar any other there present from uttering their free opinions and nominating any other whom they thought to be more fitting and therefore desired them to make known their opinions who thereupon did with one consent and voice allow and approve of M r Treasurers nomination and Elected the said Sir Thomas Gargrave to be the Prolocutor or Speaker of the said House The said Sir Thomas Gargrave being thus Elected Speaker after a good pause made stood up uncovered and having in all humility disabled himself as being unfurnisht with that Experience and other qualities which were required for the undertaking and undergoing of so great a Charge did conclude with an humble Request to the House to proceed to the New Election of some other more able and worthy Member amongst them But the House still calling upon him to take his place of M r Speaker the before-mentioned M r Treasurer and M r Comptroller of her Majesties Houshold as may very well be gathered did rise from their places and going unto the said Sir Thomas Gargrave unto the place where he sate did each of them take him one by the right Arm and the other by the left and led him to the Chair at the upper end of the House of Commons and there placed him where having sate a while covered he arose and so standing bare-headed he returned his humble Thanks unto the whole House for their good opinion of him promising his best and uttermost endeavour for the faithful discharge of that weighty place to which they had Elected him And soon after M r Treasurer and M r Comptroller repaired to the Queen to know her Highnesses pleasure when M r Speaker should be presented to her Majesty for Confirmation of this Election and soon after they returned shewing her pleasure was that to be done on Saturday next at one of the Clock in the Afternoon Here it shall not be amiss to add somewhat touching the Election of the Speaker which because I find it ready penn'd to my hand in that elaborate MS. Intituled Modus tenendi Parliamentum apud Anglos Written by my kind Friend Henry Elsinge Esq Clerk of the Upper House this present Year 1630. Libr. 1. cap. 7. § 1. 2. Therefore I shall without any great alteration here add it in the next place and first touching the Antiquity of the Speaker it is most likely that he began to be when the House of Commons first sate For it may clearly be gathered ex Lib. Sancti Albani fol. 207. in Bibliotheca Cottoniana that in the Parliament de an 44 H. 3. The House of Commons had then a Speaker For there Pope Alexander labouring to have Adomar the Elect Bishop of Winchester recalled from banishment the Answer of the Parliament was as followeth viz. Si Dominus Rex Regni majores hoc vellent communitas tamen ipsius ingressum in Angliam jam nullatenus sustineret Which is Signed and Sealed by all the Lords and by Petrus de Mountefortivice communitatis which shews plainly that he was thire Speaker for the very same words did Sir John Tiptofte their Speaker Sign and Seal to the Entaile of the Crown Parl. an 7 8 H. 4. But it is true that the first Speaker who is directly named in Record was in the Parliament Rolls in the Tower de an 51 E. 3. N. 87. The last day of the Parliament saith the Records Sir Thomas Hungerford Knight Speaker declared to the Lords that he had moved the King to Pardon all such as were unjustly Convicted in the Last Parliament And that
first time M r Doctor Vaughan and M r Doctor Yale brought from the Lords the Bill for setting the Poor on work and for avoiding of Idleness with certain amendments and a Proviso M r Treasurer one of the Committees in the Lady Wainman's Cause reported that both the Parties have submitted themselves to the Arbitrement of the Lord Treasurer the Lord Chamberlain the Earl of Leicester M r Treasurer M r Comptroller M r Chancellor of the Dutchy and M r Captain of the Guard or the most part of them to be made within one Year next after the Session of this present Session of Parliament for the performance and accomplishment of the same Arbitrement A Proviso with some Amendments was offered to the Bill for reformation of Inholders common Cooks and Tavern Keepers and being twice read after the Question was upon the Division of the House by the advantage of the number of forty persons Ordered to be ingrossed and added to the Bill and then afterwards upon another Question and like Division of the House the Bill with the Proviso was dashed with the difference of twenty eight persons Post Meridiem In the Afternoon the Master of the Rolls and M r Serjeant Barham did bring from the Lords a Bill for the appointing of Wharfs and Keys for the unlading and discharging of Merchandizes and withal a Message from them that some of this House may be appointed to have Conference with some such of their Lordships as shall be thought meet touching such private Bills in both Houses as upon their Conference together shall be thought fittest to be Examined whereupon it was Ordered that twelve of this House shall be appointed for that purpose viz. M r Treasurer M r Captain of the Guard M r Wilson Master of the Requests Sir Henry Ratcliffe Sir Rowland Hayward Sir Thomas Scott Sir John Thynne Sir Henry Wallope Sir George Penrudock M r Popham M r Sampoole and M r Yelverton The Bill concerning Authority given to the Justices of the Queens Majesties Forests Chaces and Parks was read the second time and committed this day afterwards The two Bills for Denizens and the Bill for Presentations by Lapse being amended were sent up to the Lords by M r Treasurer and others M r Serjeant Barham and M r Doctor Vaughan brought word from the Lords that their Lordships do require that the Committees of this House may confer with them to Morrow in the Morning before eight of the Clock in the Parliament Chamber M r Comptroller M r Chancellor of the Exchequer M r Captain of the Guard Sir Henry Gates Sir Henry Ratcliffe Sir Thomas Barrington Sir Nicolas Arnold Sir Henry Knivett M r Recorder of London M r Sampoole M r Stanhoppe M r Crooke M r Snagg M r John Vaughan M r Serjeant Jeffries M r Serjeant Lovelace M r Edward Horsey M r Robert Wroth M r Colby M r Topclyffe M r Bowyer M r John S t John M r Dawney M r Robert Colshill M r Digbie and M r Birkhed were appointed in Committee for the Bill concerning certain Authority given to the Justices of the Queens Majesties Forests Chaces Parks and Warrens Nota That this Bill having been sent down from the Lords to the House of Commons on Wednesday the 7 th day of this instant March foregoing should without all question never have been referd to Committees upon the second reading this instant Thursday except the said House of Commons had taken such just exceptions at the same as they afterwards made known to a Committee of the Lords and by reason of which finally the same was stopped from further passing The further carriage and proceeding of which business being wholly omitted in the Original Journal-Book of the House of Commons through the great negligence of Fulk Onslow Esq at this time Clerk of the same I have thought good to supply it out of a written Memorial or Copy thereof I had by me because it may appear upon what just grounds and solid reasons the Members of the said House did refuse to pass the said Bill and although it doth not certainly appear whether the said Proceedings in the said Bill between the Committees of either House were this day or no yet I have referred it thereunto as the most probable and likely time in respect that there is no further mention made of this Bill or business in either of the Original Journal-Books of the Upper House or House of Commons upon any ensuing day during this present Session of Parliament These things being thus premised the foresaid Memorial or written Discourse of this business doth now ensue to be inserted The Committees before-named having upon deliberate consideration of the parts and of the scope of the said Bill touching Authority to be given to the Justices of the Queens Majesties Forests c. found the same not convenient to proceed did nevertheless out of their respect unto the Lords from whom the Bill had been sent down desire first to satisfie them before they utterly refused and dashed the said Bill and did thereupon send unto their Lordships who as it appeareth by the Original Journal-Book of the Upper House did this Afternoon sit to offer them Conference which they accordingly accepted and thereupon there did assemble in a place appointed as Commissioners or rather as Committees for the Lords the Earl of Sussex the Earl of Rutland the Earl of Leicester the Lord Grey of Wilton and the Lord Hunsdon having for their assistance standing by the two Chief Justices and the Queens Attorney General upon these the foresaid Committees of the House of Commons by Order of the same House gave their attendance and by Sir Walter Mildmay K t Chancellor of the Exchequer the second of the said Committees in the name and by consent of the rest said to the Lords in effect as followeth viz. That whereas a Bill touching the enlargement of the Justices of Forest-Authority had passed from their Lordships and was sent to the House of Commons the same had received there two readings and upon the second reading was greatly impugned by many Arguments made against it nevertheless the respect they had to their Lordships moved them to stay any further proceeding therein to the hazard of the Bill until by some Conference with their Lordships the House in such things as were objected might be satisfied To that end he said the House of Commons had sent them to attend upon their Lordships and so entring into the matter said That of many things spoken to the hindrance of the Bill they would trouble their Lordships but with some few such as they had noted to have been of most value by which he said their Lordships should find that the House of Commons did take the Bill to be unnecessary chargeable dangerous obscure For the first that whereas in the preamble of the Bill it was pretended that one principal cause of this Act was that the Justices of the Forests having no Authority to sit
unto the 16 th day of January being Monday on which day this Session following in Anno 23 Reginae Eliz. Anno Domini 1580 began But her Majesty because it was no new Parliament was not present nor did the Lords wear their Robes on this said Monday being the first day of their meeting nor was their any solemn Speech made by the Lord Keeper but either House assembling themselves together severally in their due places fell to their ordinary businesses as upon other days is usually accustomed yet the beginning of this Session is as solemnly Entred in the Original Journal-Book as if it had been a new Parliament where it appeareth to be in manner and form following Die Lunae 16 die Januarii 1580 Anno Regni Excellentissimae metuendissimae Dominae nostrae Elizabethae Dei gratia Angliae Franciae Hiberniae Reginae Fidei Defensatricis c. Vicesimo tertio in quem diem post varias ac diversas Prorogationes praesens haec Sessio Parliamenti Prorogata fuit teneri inchoari apud Westmonasterium die loco praedict Domini tam Spirituales quam Temporales quorum nomina subsequuntur praesentes suerunt Episcopus London Episcopus Sarisburien Episcopus Wigorn. Episcopus Roffen Episcopus Coventr Litchfield These Bishops are thus placed in the Original Journal-Book on the dexter-side of the Lords not by reason of preheminency unless the Archbishop of Canterbury had been present but by reason of their Ecclesiastical Dignity these being all that are noted in the said Journal-Book to have been present this day now follow the names of the Lord Keeper and the Temporal Lords Thomas Bromley Miles Dominus Cancellarius Dominus Burleigh Thesaurarius Angliae Marchio Winton Comes Lincoln Magnus Admirallus Angliae Comes Arundell Comes Northampton Comes Wigorn. Comes Cumberland Comes Bathon Comes Norwicen Comes Southampton Comes Pembrook Comes Hartford Comes Leicester Vice-comes Mountague Vice-comes Bindon Barones Dominus Burgavenny Dominus Willoughby de Erisby Dominus Dacres Dominus Stafford Dominus Dudley Dominus Lumley Dominus Stourton Dominus Mountjoy Dominus Darcy de Darcy Dominus Windsor Dominus Cromwell Dominus Evers Dominus Wharton Dominus Willoughbie de Parham Dominus Howard Dominus North. Dominus S t John de Bletso Dominus de la Ware Dominus Cheyney Dominus Norris Nota There were no names of Receivors or Triors of Petitions read because this was but the third and last Session of a former Parliament as hath been observed and those names are never read but in the beginning of a new Parliament One Bill was read this Morning being for the reformation of Sheriffs Under-Sheriffs and their Ministers primâ vice Hodiè retornatum est Breve quo Preregrinus Bartye Dominus Willoughby silius haeres Katherinae Ducissae Suff. siliae haeredis Willielmi Willoughby nuper Domini Willoughby praesenti Parliamento interesse summonitus est qui admissus est ad suum praeheminentiae sedendi in Parliamento locum salvo jure alieno viz. the said Lord Willoughby was seated and took place next under the Lord Audley and above the Lord Barkley The like Writ returned for Edward Parker Lord Morley who accordingly was admitted salvo jure alieno and placed next under the Lord Barkley and above the Lord Dacres The Lords being thus set and in agitation of their own businesses Sir Francis Knolles Knight Treasurer of her Majesties Houshold Accompanied with Sir James Crosts Knight Comptroller of her Highness Houshold Sir Francis Walsingham Knight one of her Majesties Principal Secretaries and M r Doctor Wilson Esquire another of her Majesties Principal Secretaries Sir Walter Mildmay Knight Chancellor of her Majesties Exchequer and divers others being sent up to the said Lords by the House of Commons upon some urgent and weighty occasions desired to be admitted into the said Upper House there to make known to their Lordships somewhat of importance wherein they should require their advice and need their assistance upon which being admitted the said M r Treasurer assisted with the Personages and Company aforesaid did in comely order and discreet manner make manifest and known unto the said Lords that Sir Robert Bell Knight late Lord Chief Baron and Speaker of the said House who had been Elected to the said place in the first Session of this Parliament in the fourteenth year of her Majesty and had continued also the second Session thereof being in the eighteenth year of her said Highness Reign in the said place was now dead which had been openly and manifestly made known and testified unto them for remedy of which defection they humbly prayed their Lordships advice After which the Lord Keeper first requiring the said Personages a while to withdraw themselves and then commending the order of the matter unto the said Lords sitting in Consultation for the same it was upon considerate advice therein had by them all thought fitting to signifie unto the said Commons by the Personages aforesaid who had been sent from them that they thought it expedient and good that such of the Lords of the said House as were of her Highness Privy-Council with the Lord Marquess of Winchester and the Earl of Arundel Accompanied with such a number of the Commons House as by them should be agreed upon should in the name of both the Assemblies make intimation of their said Estate and the Petition thereupon depending unto her said Highness to which advice the said Commons upon knowledge had of the same wholly assented Then followed the Adjournment of the said Parliament by the Lord Keeper according to the usual form which is thus Entred in the Original Journal-Book Dominus Cancellarius Adjournavit praesens Parliamentum usque in diem Mercurii proximum hora nona On Wednesday the 18 th day of January Billa for reformation of abuses in Sheriffs Under-Sheriffs and their Ministers secunda vice lecta Two other Bills also of no great moment were read primâ vice The Queen having been moved as it seemeth according to the resolution of the two Houses jointly agreed upon between them on Monday last past the 16 th day of this instant January about the Death of Sir Robert Bell late Lord Chief Baron their former Speaker and the choice of a new one in the House of Commons by the Marquess of Winchester and those other right honourable Personages who were then and there named to move her Highness in it did give Order that this present Wednesday both the Lords and Commons should assemble and meet together in the Upper House commonly called the Lords Parliament Chamber there to receive her Majesties Answer where being Assembled Sir Thomas Bromley Knight Lord Chancellor of England shewed forth a Commission from her Highness under the Great Seal of England which was directed to him only wherein her Majesty taking notice of the Death of Sir Robert Bell their former Speaker did Authorize the Lord Keeper for her Majesty and in her name to will and Command the Knights Citizens and Burgesses of
of the said Mr. Kirle After which the said Mr. Anthony Kirle was brought again to the Bar and there kneeling upon his knees was asked by Mr. Speaker whether he had received of Mr. Stepneth any Money for the Charges of the said Attachment He answered he had not but his Attorney had And being asked whether his Attorney did receive it to his use or no He said his Attorney did allow it to him in the payment for the Copy of Mr. Stepneth his Answer And then Mr. Speaker pronounced unto him the said Judgment in form aforesaid in the Name of this whole House After the pronouncing whereof he humbly besought this House of their favourable goodness to grant him liberty to follow some Causes of his own and also some other of his Clients but it was denied him and so he was had away by the Serjeant And after his departure upon some motions that Consideration might be had of his Clients Causes the Term now continuing but one day more it was referred to Mr. Speaker's liberty to let him follow his own Causes and his Clients with his Keeper attending upon him Vide principium hujus materiae die praecedente vide consimilem casum in Parliamento de Anno 31 Reginae Eliz. on Friday the 12 th day of February On Friday the 12 th day of February five Bills were had in agitation in the House whereof two concerning the Government of the City of Westminster and the assurance of Sir Thomas Lucy were brought into the House by the several Committees of them with Proviso's and Amendments added unto them which they did humbly offer to the Consideration of the House and the other three of no great moment had two of them one reading apiece and the third two readings which was the Bill for the good Government of the City of Westminster viz. the body of the Bill had one reading and the Amendments two and then it was ordered to be ingrossed upon the Question One of the said three Bills last mentioned to have been read was a new Bill brought into the House for the true answering of the Debts of Edward Fisher Esquire after the first reading whereof upon a Motion made concerning it it was Ordered that the said Edward Fisher should be sent to by the Serjeant of this House to warn him to be in this House himself upon Monday next if it please him to procure himself a Writ for that purpose or else that his Councel be then there for him to shew cause if he have any why this House should not proceed to the expediting and passing of the same Vide plus de ista materia on Monday the 15 th day of this instant February following On Saturday the 13 th day of February the Bill touching the breadth of Woollen-Cloths was upon the second reading committed unto Mr. Vice-Chamberlain Mr. Treasurer Mr. Chancellor of the Exchequer Sir Thomas Heneage Sir John Peeter and others and the Bill was delivered to Mr. Treasurer who with the rest was appointed to meet on Monday next in the Afternoon in the Parliament Chamber or Pension Chamber of the Middle-Temple M r Recorder of London M r Morrice and M r Penruddock were appointed to hear and examine the State and manner of the serving of Process upon any the Members of this House from time to time during this Session as occasion thereof shall fall out and after such information and intelligences thereof then further to impart the same to this House as occasion shall serve for further resolution Three Bills of no great moment had each of them one reading of which the second being the Bill for Explanation of the Statute of 21 H. 8. touching Pluralities of Benefices c. was upon the second reading committed unto Sir Drew Drewry Sir Robert Germin Sir Richard Knightley M r Recorder of London and others who were appointed to meet upon Tuesday next in the Afternoon in the Middle-Temple Hall A Proviso to the Bill concerning certain assurances of Sir Thomas Lucy and others was twice read and Ordered to be ingrossed M r Morrice M r Atkins and M r Alford were added to the former Committees to meet this Afternoon in the Middle-Temple Hall to hear M r Arnold and his Councel touching the said Bill and Proviso The Amendments in the Bill against Glass-Houses and Glass-making was twice read and Ordered to be with the Bill ingrossed On Monday the 15 th day of February M r William Stoughton offered unto this House a certain supplication in Parchment of certain abuses in the Ministry within the County of Leicester and also a note of certain Articles in Paper concerning some disorders in the Bishops Ministry and also M r Edward Lewkenor offered another Petition in Parchment touching the abuses in the Ministry in the behalf of the Inhabitants in the East part of the County of Sussex All which by Order of the House were read And then also was read another like Petition in Paper for the Inhabitants of the Parish of Holkstone in the County of Kent which was before the last Adjournment of this Court offered unto this House by M r John Moore and after sundry Speeches and Motions had touching the said Petitions M r Chancellor of the Exchequer putting the House in mind of the like Petitions in effect offered unto this House in the sitting before the last Adjournment and imparted to the Lords by a Committee of this House with humble Suit unto their Lordships to be a mean therein to her Majesty desired them that they would now forbear any further to deal with these Petitions until this House have first received Answer from the Lords of the said others alledging further that he had very lately put some of their Lordships in remembrance thereof on the behalf of this House and that he was Answered we should hear from their Lordships to Morrow next touching their Answer of the same Petitions Whereupon it was then thought good by this whole House to expect their Lordships said Answer therein till then accordingly Vide concerning Petitions on Thursday the 25 th day of February ensuing The Committees in the Bills for Actions upon the Case for perfecting of Assurances and for Fines and Recoveries in the twelve Shires of Wales were appointed to meet to Morrow in the Afternoon in Lincolns-Inn Hall Upon a Motion made by M r Edward Lewkenor that some of this House may be appointed to draw a Form of Prayer and Thanksgiving to be used in this House for the great benefits and blessings of God bestowed upon this whole Realm in her Majesty and for the long continuance of the same especially in this time of Consultation this day appointed to be had and prosecuted in making of Laws for the preservation and safety of her Majesties most Royal Person It was agreed That the said Mr. Lewkenor himself should take such of this House to him as he should think good and devise and digest the same form of
effect and these our Letters Patents shall be your sufficient Warrant and discharge for the same in every behalf In Witness whereof we have caused these our Letters to be made Patents Witness our Self at Westminster the 15 th day of February in the twenty ninth year of our Reign c. As soon as the said Sir Edmund Anderson had caused the foresaid Commission to be read he took his place on the Uppermost Woolsack where the Lord Chancellor useth to sit and in the Original Journal-Book of this Parliament where the presence of the Lords is noted he is always ranked in the first place as the Lord Chancellor should have been if he had been present with this Addition after the setting down of his name and place Locum tenens Cancellarii in such Order as followeth viz. Archiepiscopus Cantuarien Edmundus Anderson Miles Justiciar de Communibus Placitis Locum tenens Cancellarii Comes Sussex Comes Hartford Comes Lincoln Vice-Comes Bindon Episcopi Episcopus Winton Episcopus Sarisburien Episcopus Rofsen Episcopus Hereforden Barones Dominus Howard Admirallus Dominus Hunsdon Camerarius Dominus Morley Dominus Cobham Dominus Stafford Dominus Grey de Wilton Dominus Stourton Dominus Sandes Dominus Cromwell Dominus Windsor Dominus Sheffield Dominus North. Dominus S t John de Bletsoe Dominus Compton Dominus Norris Which are all the Peers the Journal-Book noteth to have been present Nota That though I do usually observe in all these Jourtials never to have the presence of the Lords transcribed but at the beginning only of a new Parliament or at least a new Session yet I have observed it here though but at the beginning of a new meeting partly because it was after a long Adjournment and partly because many Lords did send new Proxies So that the presence of the Lords before set down at the beginning of this Parliament on the 29 th day of October being Saturday could not serve to be any rule for the presence of those that attended at this new meeting Which is for the most part the chiefest reason why the presence of the said Lords is marked on the first day of the Parliament or on the next day from the first on which they be noted if through the Clerk of the Upper House his negligence as it often happeneth it be omitted on the said first day A second but less material cause why I have their names transcribed is to see the due places and precedencies of the Lords Temporal On this 15 th day of February lastly although this were neither new Parliament nor new Session but meerly a second meeting of one and the same Parliament as hath been already observed was one unusual or extraordinary Proxy returned which is Entred in the Original Journal-Book of the Upper House in manner and form following viz. 15 Die Februarii introductae sunt literae Procuratoriae Thomae Episcopi Bathonien ' Welien ' in quibus Procuratores suos constituit Thomam Episcopum Wintonien ' Thomam Episcopum Cicestren ' Willielmum Episcopum Coventrien ' Litchfield ' The difference between an usual and an unusual Proxy see before on Saturday the 29 th day of October in the latter end thereof on which said day this Parliament began where also it is set down why those ordinary ones are for the most part omitted Other unusual Proxies returned also at this new meeting of Parliament vide on Friday the 17 th day on Sunday the 19 th day and on Saturday the 25 th day of this instant February All which I have ever caused to be set down upon the several days on which they were returned if the said day be particularly expressed and not altogether before the beginning of the Parliament as is usually observed in the Original Journal-Books of the Upper House Nota Lastly that John Archbishop of Canterbury was Constituted Joint Proctor with others by five several Bishops this Parliament of which the first Proxy was returned on Sunday the 19 th day of this instant February from John Bishop of Exeter the second on the same Day from Richard Bishop of Durham the third on Saturday the 25 th day of this instant February from Edmund Bishop of Worcester the fourth on Thursday the 9 th day of March next ensuing from Hugh Bishop of Bangor and the fifth and last on the same day from William Bishop of S t Asaph Which with many other precedents of a like nature frequent almost in every Parliament doth plainly prove that any Lord Spiritual or Temporal being a Member of the Upper House is capable of as many Proxies as shall be sent unto him by the ancient Customs and Usages of that House although the contrary hath been of late ordered upon the ..... day of ..... in the Parliaments in Anno secundo Regis Caroli Sir Edmund Anderson Lord Chief Justice of the Common Pleas sitting in and supplying of the place of Sir Thomas Bromley Lord Chancellor absent as is before observed by reason of sickness did by the Assent of the Lords Commissioners Adjourn the Parliament unto Wednesday next at Nine of the Clock in the Morning being a full se'night after Nota That during this intervenient time of Adjournment three unusual Proxies were delivered in unto the Clerk of the Parliament the first of which is Entred in the Original Journal-Book of the Upper House to have been returned upon Friday the 17 th day of this Instant February in manner and form following viz. 17 o Die Februarii introductae sunt Literae procuratoriae Anthonii vicecomitis Mountague in quibus Procuratores suos constituit Ambrosium Comitem Warwici Robertum Comitem Leicestren 19 o Die Februarii introductae sunt Literae procuratoriae Johannis Episcopi Exon in quibus Procuratores suos constituit Johannem Archiepiscopum Cantuarien ' Thomam Episcopum Winton ' Johannem Episcopum Roffen ' Item introductae sunt Literae procuratoriae Richardi Episcopi Dunelmen in quibus Procuratores suos constituit Johannem Archiepiscopum Cautuarien ' Johannem Episcopum London Thomam Episcopum Wintonien Nota That here a Temporal Lord constituted two Proctors and two Spiritual Lords nominated each of them three which being extraordinary and unusual Proxies are well worthy the observation Vide intrationes Literarum consimilium procurator ' die Saturni die 29 o Octobris praecedentis in fine dici die Mercurii die 15 o Februar jam instantis antea die Saturni die vicesimo quinto ejusdem Febr ' postea On Wednesday the 22 d day of February the Bill toavoid fraudulent Assurances made or to be made in certain cases by Traitors was read primâ vice Edmundus Anderson Capitalis Justiciarius de placito communi continuavit praesens Parliamentum usque in diem crastinum horâ nonâ On Thursday the 23 d day of February the Lords met but it seems nothing was done but only the Parliament continued unto a further day the Entrance whereof in the Original Journal-Book is in manner
accordingly M r Serjeant Puckering and M r Attorney General do bring word from the Lords touching the Motion made of this House in that behalf for M r Sollicitor his Attendance to be given in the service of this House being a Member of the same That their Lordships having had consideration of the said Motion of this House in that behalf are of opinion that the said M r Sollicitor is to continue his Attendance in the Upper House of Parliament and not in this House for that he was called by her Majesties Writ to serve and attend in the said Upper House of Parliament long before he was Elected or Returned a Member into this and also that the said M r Sollicitor by force of her Majesties said Writ had served in the said Upper House since the beginning of this said Session now already almost by the space of one whole Month. On Tuesday the 4 th day of March the Amendments in the Bill touching Writs of Covenant c. and a Proviso added were both twice read and upon the question Ordered to be ingrossed M r Grafion one of the Committees in the Bill for repealing of certain Statutes delivered in the Bill with some Additions and shewed the reasons and also delivered in both the Bill and the Additions Two Bills did each of them pass upon the third reading of which the first was against Common Informers and the second for the assurance of the Jointure of Anne the Wife of Henry Nevill Esquire in which there were several Amendments inserted All which Amendments being thrice read in the end after some Speeches had the Bill was palled upon the question which said Bill with another were sent up to the Lords by Mr. Vice-Chamberlain and others The Master of the Wardrobe one of the Committees touching Conference and search of Precedents for resolution to be had upon the Message of her Majesty delivered unto this House by a Committee of the Lords concerning the passing of the Bills against the abuses of Purveyors and Process and Pleadings in the Exchequer sheweth that they have met and travailed in the said Commitment and so reciting some particularities of their proceedings doth refer the residue of the report thereof unto Mr. Cook one other of the said Committees who likewise setting down at large the whole travail of their search and Conference concludeth their resolution to be if the House shall so think good that in most humble and dutiful wise this House by their own Mouth Mr. Speaker do exhibite unto her Majesty the causes and reasons moving this House to proceed in the two said Bills in such sort as they had done which course after sundry other Speeches was thought fittest by this House to be prosecuted and best to stand with the Liberties and the honor of this House and resolved further that this their resolution might be imparted unto the Lords that with their Lordships good favours this House meant so to do And it was thereupon then also further thought good and prayed by this House that Mr. Vice-Chamberlain being a Member of this House would be pleased at the humble Petition of this House unto her Majesty to know her Majesties most gracious pleasure what number of this House her Majesty would vouchsafe to attend upon her Highness with Mr. Speaker and at what time Which resolution of the House touching their said course in proceeding in shewing unto her Majesty the causes and reasons of their dealings in the said Bills against the abuses of Purveyors and Process and Pleadings in the Exchequer in such sort as they have done was committed unto Mr. Vice-Chamberlain and such others of the House as were sent up with the two last mentioned Bills to the Upper House to signisie their said resolution at the same time unto their Lordships After which the Bill touching the gaging of Casks and other Vessels c. having been read the second time and committed unto Mr. Treasurer Mr. Wroth Mr. Alford and others Mr. Vice-Chamberlain and the rest returning from the Lords he shewed that according to the Commission of this House they had delivered the Message of this House unto those of the Committees of the Lords from whom the Committees of this House had before received this Message from her Majesty shewing them that this House by their Lordships good favours had determined to become Suitors to her Majesty to render unto her Highness the causes and reasons of their Proceedings in the said two Bills by the Mouth of Mr. Speaker And that thereupon he said they were then to hear but not to Answer And that afterwards this House should hear further from their Lordships Vide concerning these matters on Saturday the 15 th day on Monday the 17 th day and on Thursday the 27 th day of February foregoing as also on Thursday the 6 th day Saturday the 8 th day Monday the 17 th day of this instant March On Wednesday the 5 th day of March the Bill concerning Richard Southwell had its first reading Mr. Treasurer one of the Committees in the Bill against Pluralities and Non-Residents appointed on Saturday the first day of this instant March foregoing shewed the meeting and proceeding of the said Committees brought in the old Bill and also a new Bill shewing the reasons of making the same new Bill and doth in the names of all the said Committees pray a present reading of the same new Bill Whereupon the same was then read accordingly for the first reading Which done upon a Motion by sundry of this House for a second reading presently Mr. Treasurer shewed unto the House that all the residue of the said Committees likewise willed him in the name of them all to move this House for a second reading of the same Bill Whereupon the said Bill was read the second time and Ordered to be ingrossed The Bill for the maintenance of the Pier of Dover was read the second time and after sundry Speeches committed unto all the Privy Council being of this House Mr. Mills Mr. Alford Sir Edward Hobby and others who were appointed to meet to Morrow at two of the Clock in the Afternoon in the Exchequer Chamber The Bill against Forestallers Regrators and Ingrossers was read the first time and upon further Motion read again for the second reading and upon the division of the House after the question it was upon another question after the same division with the yielding of the negative Voices Ordered to be committed unto all the Privy Council being of this House Mr. John Hare Mr. George Moor Sir William Moor Mr. Grimston Mr. Cromwell and others who were appointed to meet on Friday next in the Exchequer Chamber at two of the Clock in the Afternoon Sir Thomas Throckmorton Knight one of the Knights returned into this present Parliament for the County of Gloucester having lain sick here in London is licensed to repair into the Country to his own House for recovery of his health On Thursday the 6
upon the second reading committed unto Mr. Vice-Chamberlain Sir Henry Knyvet Mr. Wroth and others and the Bill was delivered to Mr. Vice-Chamberlain who with the rest was appointed to meet to Morrow in the Afternoon at two of the Clock in the Exchequer Chamber The Bill for relief of the City of Lincoln was brought in by Mr. Vice-Chamberlain one of the Committees in the same who shewed that they have met and conferred upon the same Bill and have amended it in four parts thereof and sheweth wherein leaving the same to the further proceeding of this House in the expediting thereof Mr. Vice-Chamberlain shewed that he and divers others of the Committees of this House met yesterday in Conference about the matter touching abuses of Purveyors and received all such Informations as were then delivered unto them which he said were very many and foul and some of them offered to be proved true in such sort as the same had been reported unto them and so moving this House to make choice of four of the Members of the same to be specially selected to attend upon the Lords in the said matter according to her Majesties said pleasure formerly signified unto them by Mr. Speaker Sir Henry Kuyvet Mr. Thomas Cromwell Mr. John Hare and Mr. Robert Wroth were thereupon nominated for that purpose and Ordered and assented that all the Members of this House might at their pleasure in the mean time of the said Conference so to be had with the Lords repair unto the said Sir Henry Knyvet Mr. Thomas Cromwell Mr. John Hare and Mr. Robert Wroth and to every or any one of them with such instructions either in writing or by information otherwise as they shall think fit for the better furnishing of the same Sir Henry Knyvet Mr. Cromwell Mr. Hare and Mr. Wroth with matter against the time of the said conference to be had with the Lords Nota That this House having formerly dealt in this matter and in reforming some exactions of the Exchequer had been forbidden by her Majesty to deal any further therein and yet afterwards upon some new considerations had leave for their further proceeding in the said matter as see before on Saturday the 15 th day and on Thursday the 17 th day and on Monday the 27 th day of February foregoing and on Tuesday the 4 th day Thursday the 6 th day Saturday the 8 th day and on Monday the 17 th day of this instant March last past Mr. Vice-Chamberlain one of the Committees in the Bill of Hue and Cry appointed on Saturday the 15 th day of this instant March foregoing shewed that in respect of other particular attendance committed unto him in her Majesties service elsewhere he could not be at the said Commitment this Afternoon and therefore prayed he may be excused and some other appointed in his stead Whereupon presently Sir John Parrot and the Master of the Wardrobe were added to the former Committees and the said Mr. Vice-Camberlain withdrawn And the Bill together with the names of the Committees was then delivered to the said Sir John Parrot On Wednesday the 19 th day of March the Bill concerning Glass-houses and Glass-Furnaces was upon the second reading committed unto Sir William Moore Mr. George Moore Mr. Markham and others and the Bill was delivered to Sir William Moore who with the rest was appointed to meet in the Exchequer Chamber at two of the Clock this Afternoon The Bill for the Lady Gressam was upon the second reading committed unto Mr. Cromwell Mr. Grafton Mr. Grimston Mr. Recorder of London and others who were appointed to meet in the Exchequer Chamber to Morrow in the Afternoon at two of the Clock The Bill against discontinuances in Writs of Error in the Courts of Exchequer and the Kings Bench was read the second time and upon further Motion was read again for the third reading thereof and so passed upon the question The Master of the Wardrobe one of the Committees in the Bill touching Leases of the Lands Parcel of the Possession of the Bishoprick of Oxford brought in the same Bill with report that the said Committees do think the same Bill not meet to be further dealt in by this House The Bill concerning Captains and Souldiers was read the second time and after the doubtfulness of the voices upon two several questions for the commitment thereof was upon the division of the House by the difference of thirty five Persons Ordered to be committed viz. with the Yea one hundred thirty one and with the No ninety six unto all the Privy Council being of this House Sir Henry Knyvet M r Wroth M r Lieutenant of the Tower M r North and others who were appointed to meet upon Friday next in the Exchequer Chamber at two of the Clock in the Afternoon Sir John Parrot one of the Committees in the Bill touching Hue and Cry brought in the Bill again with report that the Committees have met and conferred upon the same Bill and finding good Laws in force already touching that matter are of opinion that in respect also partly of the shortness of this Parliament likely to ensue the said Bill may be reserved to be further considered of in another Session Thomas Drurie Gent. being brought to the Bar was charged by M r Speaker in the name of this whole House with great and deep offences committed by him against the whole State of this House in general in having untruly reported and given out both to some of the Lords in the Upper House and also to divers others Persons elsewhere that he could have no justice in this House nor could himself be heard nor have his Witnesses in his Cause heard neither in the House nor before the Committees and also against divers Members of this House in particular in offering unto some of them great threats and to some others of them great sums of Money to speak in this House for him and not against him and likewise in using of hard Speeches both to some of them and of some of them to the great discredit wrong and prejudice both of the whole State of this said House in general and also of divers Members of the same in particular for that in very deed he had been heard at large both in this House and also before the Committees and for that likewise sundry of his misbehaviours towards divers Members of this House were directly proved in this House against him to the full satisfaction of this House in the same And so was required by M r Speaker to answer therein for himself Whereupon the said Thomas Drurie in very humble sort and good terms sought to excuse himself not directly acknowledging any the said offences but humbly craving pardon of this House if he had committed any such And then being sequestred the House till his said pretended Speeches of excuse and conditional form of craving pardon were considered of it was by divers of the Members of this House grieved
except those before-named went free and were never called in question that I heard of And thus far it is inserted out of the aforesaid Anonymous Journal On Monday the 26 th day of February the Bill for reducing disloyal Subjects to their due Obedience had its first reading Upon a Motion made by M r George Moore touching some questions for the manner of Election of one Richard Hutton returned into this House one of the Burgesses for the Borough of Southwark in the County of Surrey and supposed to have been indirectly made and so prayed to be further Examined by some Committee of this House and then to be reported over to this House for the further Order of this House in the same And upon another Motion thereupon also made by M r Wroth for a Committee for the Liberties and Priviledges of the Members of this House and their Servants it is upon the question Ordered that all the Members of this House being of her Majesties Privy-Council Sir William Moore M r Serjeant Yelverton M r Robert Wroth M r Recorder of London M r Heyle M r Conisby M r Miles Sands M r Attorney of the Wards M r Attorney of the Dutchy M r William Howard Sir Henry Cooke Sir Francis Godolphin Sir George Moore Sir Walter Raleigh Sir Francis Drake M r Tanfield M r Francis Bacon M r Lewkenor Sir John Harrington M r Emersam Sir Edward Hobby M r Lawrence Stourton M r Beale M r Doctor James Sir Henry Duton M r Doctor Caesar M r Tasborough Sir Moyle Finch Sir Thomas Cecill and Sir Francis Hastings shall during all this present Sessions of Parliament examine and make report of all such Cases touching the Elections and Returns of any the Knights Citizens Burgesses and Barons of this House and also all such Cases for priviledge as in any wise may occur or fall out during all the same Sessions of Parliament to the end this House upon the Reports of the same Examinations may proceed to such further course in every the same Cases as to this House shall be thought meet And it is further Ordered that the said Committees do meet upon Wednesday next in the Exchequer Chamber at three of the Clock in the Afternoon to examine the manner of the said Election of the said Richard Hutton and also any other case of Elections Returns or Priviledges whatsoever in question which shall be moved unto them by any Member of this House at their Pleasure And notice was then also given in the House to all the Members of the same that in all these Cases they might from time to time repair to the said Committees as occasion shall serve accordingly The Bill touching salted Fish and salted Herrings had its first reading Sir Robert Cecill Sir John Wolley Sir John Fortescue Sir Edward Stafford and M r Francis Bacon having severally delivered most manifest and apparent reasons of the inevitable necessity both of present consultation and also of present Provision of Treasure to prevent and withstand the great imminent perils and dangers of this Realm intended against the same by the King of Spain the Pope and other Confederates of the Holy League The said Sir Robert Cecill Sir John Fortescue Sir John Wolley and M r Francis Bacon laying open the sundry particular practices of the King of Spain against the State of this Realm attempted both in Ireland the Low Countries France and Scotland do each of them in the end conclude and move That a grave Committee of this House be presently selected to have Conference touching some fit course to be taken for the said consultation and provision of Treasure And thereupon it was upon the Question Ordered and Assented to by the whole House Nota That this is all that is found in the Original Journal-Book of the House of Commons touching these Speeches which because they contain many Excellent Passages concerning the History of these times of her Majesty I have therefore supplied at large Sir Edward Staffords Speech only excepted which was wanting there also out of a very Elaborate Journal of the same House taken by some Anonymous Member thereof at this Parliament which is mentioned more at large in the beginning of this present Journal Sir Robert Cecill spake first and said As I remember 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 or No. Give me leave I pray you to rehearse an old saying and it is in Latin Nec te collaudes nec te vituperes ipse for me to do the one were exceeding arrogancy and to do the other I do confess I hope you will pardon me The occasion of this Parliament as I take it by that which we received from the Honourable and Learned Speech of the Lord Keeper of and from her Majesty to us in the Higher House is for the cause of Religion and maintenance thereof amongst us the preservation of her Majesties most Royal Person and the good of this Realm of our Country All which because they be things of most dear and greatest price and at this present in exceeding great and imminent danger it is most behoofful to consult of speedy remedies which should proceed from the wisest Heads The Enemy to these is the King of Spain whose malice and ambition is such as together with the Pope that Antichrist of Rome for I may well couple them together the one being always accompanied with envy at our Prosperity the other with unsatiable desire makes them by all means to seek the Subversion of the State But concerning the first the cause of God and his Religion which her Majesty professed before she came to sit in this Royal Seat which she hath defended and maintained and for which cause God hath so blessed her Government 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 Gods 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 undertaking so great an Enterprize Zeal in professing the same not for the shew but of sincerity Judgment in defending it and preventing all his designs He sent forth his Bulls and Missives against her Majesty thereby most unnaturally depriving her of her most natural right the Duty and Loyalty which her Subjects should owe unto her c. He touched the many dangers her Majesty had been in which as it caused him to fear to think so did he tremble to speak concerning the danger of her Country and so the loss of our Lives Liberties Wives Children and all other Priviledges Let me not trouble you with things past so long and perhaps beyond my reach but with things past of late years and since Eighty eight When
themselves to join in Conference with the Committee of this House and have appointed the place to be in the Chamber next to the Upper House of Parliament and the time to be to Morrow at two of the Clock in the Afternoon And thereupon the Committee of this House appointed to have conferred amongst themselves for the matter of the Subsidy this present Afternoon in this House are appointed to defer their further consultation therein until the said other Committees of this House appointed for the said general Conference with the Lords shall have further acquainted this House of their travail and treaty to be first had with the said Committees of the Lords And also the meeting of the Committees in the Bill for reducing of disloyal Subjects to their due obedience is now signified to the same Committees to be held in the Afternoon of this present day in this place On Tuesday the 6 th day of March Two Bills of no great moment had each of them one reading of which the second being the Bill for Confirmation of Letters Patents granted to the Mayor Sheriffs Citizens and Commonalty of the City of Lincoln was read the second time Sir Edward Hobby one of the Committees for Returns and Priviledges shewed that for the Borough of Camelford in the County of Cornwall one Richard Leech was returned to the Sheriff for a Burgess by a false Return And that afterwards Sir George Carew Knight was returned Burgess by the true Return And alledging that the said Richard Leech offered to yield the place to Sir George Carew moved the Order of this House therein And thereupon M r Speaker was appointed to move the Lord Keeper in the said Case for this Order either in the allowance of the said Sir George Carew in the place of the said Richard Leech or else in awarding a new Writ for the chusing another at his Lordships pleasure And so for his Lordships Order in the Case of the Burgess returned for the Borough of Southwark in the allowance of Richard Hutton already returned or else in awarding of a new Writ for chusing of another at his Lordships pleasure And so also for his Lordships Order in altering the name of John Dudley to the name of Thomas Dudley in the Return of one of the Burgesses of Newtown in the County of Southampton or else to award a new Writ at his Lordships pleasure The Bill against Aliens born to sell by way of retail Foreign Wares brought into this Realm was upon the second reading committed unto Sir John Wolley Sir Edward Stafford Sir Robert Sidney M r Recorder of London and others who were appointed to meet upon Thursday next at two of the Clock in the Afternoon in the Exchequer Chamber The Bill touching M r Read Stafford c. was upon the second reading committed unto M r Heyle Sir Edward Stafford Sir Henry Umpton Sir Thomas West and others who were appointed to meet upon Monday next at two of the Clock in the Afternoon in the Star Chamber M r Vice-Chamberlain putting the House in remembrance of their resolution yesterday for praying Conference with their Lordships touching the great dangers and necessary remedies to be considered of and which was then so signified unto their Lordships by the House which return from their Lordships of the time and place appointed by them for that Conference being at two of the Clock in the Afternoon this present day in the Chamber next to the Upper House of Parliament moved that it may be presently resolved in this House wherein and how far the said Committees of this House shall have Warrant to treat with the Committees of the Lords It was after many Speeches of sundry Members of this House very well delivered to divers effects and purposes resolved and agreed by the whole House upon the Question that the said Committees of the House should have Authority to confer with the said Committees of the Lords generally concerning the said dangers and remedies as occasion should serve But not in any manner of wise to conclude or resolve of any thing in the said Conference particularly without the further privity or assent of this whole House to be had in that behalf upon the report of the said Committees to be first made unto this House of their Proceedings in the said Conference to be had this present day as aforesaid Nota That there is no more found of this days Passages in the Original Journal-Book of the House of Commons although there be almost two pages left blank by M r Fulk Onslow at this time Clerk of the said House with intention doubtless at the first to have inserted them and therefore they are very largely and fully supplied out of the aforesaid Anonymous Journal very elaborately taken by some Member of the same House during this Parliament where it appeareth that after the aforesaid Speech of Sir Thomas Heneage her Majesties Vice-Chamberlain M r Oliver S t John spake next in the manner and form following M r Oliver S t John said he thought that M r Vice-Chamberlain did mistake the thing we agreed upon that we went not to confer with their Lordships in any thing that we had to deliver but to understand of things from them the Conference being offered from them and not from us Sir Walter Raleigh Answered M r S t John that he mistook M r Vice-Chamberlain and the thing agreed by the House for we agreed all to a general Conference but not in particular for the Subsidy for this we refused If we confer generally it must be of our dangers and of the remedies which must be by means if of means it must be of Money and Aid So our Conference must needs be of Subsidy or rather Aid but to agree upon this with any resolution either in the matter or substance it is not our meaning Sir Robert Cecill answered M r S t John that he mistaking M r Vice-Chamberlain did wrong him in saying he delivered the Message insufficiently or untruly and so would have the priviledge of the House and that it should be delivered by the Committees whether M r Vice-Chamberlain did report truly and if truly then M r S t John to answer it and so said Sir John Woolley The House having cleared Sir Thomas Heneage Vice-Chamberlain he said he would have no other satisfaction than to be cleared by the House And protested he thought no ill of the Gentleman but allowed him for speaking as he thought Sir Henry Umpton agreed to the Conference and was glad the last days No and this were so well concluded and moved that we might not be deprived of thanks to agree unto a treble Subsidy before we went to confer M r Frowick Grevill said There are two scruples in the House which I would gladly satisfy the one the priviledge of the House the other the poverty of the people For Precedents they are but Examples of things past Now every Example ought to be stronger than
Anno Dom. 1601. which was the last Parliament of her Majesties Reign a greater viz. of four Subsidies and eight Fifteenths and Tenths was again yielded unto whence it is plain that whatsoever is once granted by the Subject may often be raised but seldom falleth THE JOURNAL OF THE House of COMMONS A Journal of the House of Commons in the Parliament holden at Westminster Anno 39 Reginae Eliz. Anno Domini 1597. which began there on Monday the 24 th Day of October and then and there continued until the Dissolution thereof on Thursday the 9 th Day of February Anno 40 Reginae ejusdem THIS present Journal of the House of Commons is not only abundantly stored with many and sundry Passages touching the Orders Use and Priviledge of the House it self but containeth in it excellent matter touching the publick affairs of Church and State in which also her Majesty was most graciously pleased to give the said House free Liberty to reform some abuses of the first and to search into the dangers of the latter And that this said Journal might be the more exact and copious in some few places the defects thereof are supplied out of the Original Journal-Book of the Upper House and out of a certain imperfect and fragmentary Journal of the House of Commons The ninth Parliament of our Soveraign Lady Elizabeth by the Grace of God of England France and Ireland Queen Defender of the Faith c. begun at Westminster upon Monday being the 24 th day of October in the thirty ninth year of her Majesties Reign Upon which day many of the Knights of the Shires Citizens of Cities Burgesses of Boroughs and Barons of Ports did make their appearance at Westminster being returned into the same Parliament for the same Shires Cities Boroughs and Ports before the Right Honourable the Earl of Nottingham Lord Steward of her Majesties most honourable Household And did then and there in the Room commonly called the Court of Requests take the Oath of Supremacy seven or eight at a time being Enacted by and contained in the Statute de an 1 Reginae Eliz. Cap. 1. before the said Lord Steward and before Sir William Knolles Knight Comptroller of her Majesties Houshold Sir John Fortescue Chancellor of the Exchequer and Sir Robert Cecill Principal Secretary his Lordships Deputies And thereupon the said Knights Citizens Burgesses and Barons entring into their own House and expecting her Majesties further Pleasure her Highness then being in her Royal Seat in the Higher House of Parliament the said Commons were commanded to come before her Highness and being there Assembled the Right Honourable Sir Thomas Egerton Knight Lord Keeper of the Great Seal of England delivered unto the said Commons the Causes of her Majesties Calling of this Parliament and so in the end willed them to repair again into the said House of Commons and there to make choice of their Speaker according to the former laudable usage and custom of the same House in that Case accustomed and willed them to present him unto her Majesty upon the Thursday next following Which done the said Commons presently repaired unto their own House and there being Assembled and sitting some space of time very silent at last the Right Honourable Sir William Knolls one of her Highness most Honourable Privy Council and Comptroller of her Majesties Household stood up and spake to the effect following Necessity constraineth me to break off this silence and to give others cause for speech According to the usual Custom we are to chuse our Speaker and though I am least able and therefore unfit to speak in this place yet better I deem it to discover my own Imperfections than that her most sacred Majesties Commandment to me delivered should not be fulfilled or your Expectation of this first days work by all our silences to be in any sort frustrate First therefore I think it very expedient to remember the Excellent and Learned Speech of that good man my Lord Keeper at which all of us or the most part of us at the least were present who very wisely shewed the Cause of calling this Honourable Assembly shewing unto us that it is partly for the reforming those Laws which be amiss partly quite to repeal others partly to augment those that be good and partly to Enact new Laws both for the Honour and profit of her Majesty and for the benefit of the Common-wealth And in conclusion wished us to depart from whence we came and there to chuse our Speaker who ought to be the Mouth of us all and to whom we might commit such weighty affairs as in this place should be debated amongst us For unfit it is if we have occasion to go unto the Sacred presence of her Majesty to go either confusedly without order or unorderly without Judgment Now because that knowledge doth rest in certainty I will with the more speed set afoot this motion deliver my opinion unto you who is most fit for this place being a member of this House and those good abilities which I know to be in him here he made a little pause and the House hawked and spat and after silence made he proceeded unto this place of dignity and calling in my opinion here he stayed a little M r Serjeant Yelverton looking upon him is the fittest man to be preferred after which words M r Yelverton blushed and put off his Hat and after sate bare-headed for I am assured that he is yea and I dare avow it I know him to be a man wise and learned secret and circumspect Religious and faithful no way disable but every way able to supply this place Wherefore in my Judgment I deem him though I will not say best worthy amongst us yet sufficient enough to supply this place and herein if any man think I err I wish him to deliver his mind as freely as I have done if not that we all join together in giving general consent and approbation to this motion So that the whole House cried I I I let him be And then Master Comptroller made a low reverence and sat down and after a little pause and silence M r Serjeant Yelverton rose up and after a very humble reverence made spake in effect thus much WHence your unexpected choice of me to be your Mouth or Speaker should proceed I am utterly ignorant If from my merits strange it were that so few deserts should purchase suddenly so great an Honour Nor from my ability doth this your choice proceed for well known it is to a great number in this place now assembled that my Estate is nothing correspondent for the maintenance of this dignity For my Father dying left me a younger Brother and nothing to me but my bare Annuity Then growing to mans estate and some small practice of the Law I took a Wise by whom I have had many Children the keeping of us all being a great impoverishing to my Estate and the daily living of us
Two Committees for two several Bills made one Committee for both Bills p. 607 Common Prayer vide Uniformity Conference to be had before a Bill passed either House be rejected by the other p. 272 273. 388. Vide the Table to the Journal of the House of Commons Contribution of two shillings in the pound made by the Lords towards the Queens extraordinary charge in defence of the Realm p. 387. Contribution made by them for relief of such poor Souldiers as went begging in the Streets of London p. 462. An Order that such Lords as were absent the whole Session should pay double to what others did who constantly attended the service of the House and those that came but seldom to the House a third part more p. 463 464 Convocation-days the House of Lords either sit not or do little business on them p. 67 Crown a Bill restoring to it the ancient jurisdiction over the State Ecclesiastical and Spiritual c. p. 28 D. ABill for Denization of Peregrine Berty and Katharine Dutchess of Suffolk his Wife p. 145. of William Watson p. 148 Dissolve vide Commissions Doctors of the Civil Law made Joint-Committees with the Lords p. 145 E. EGerton Sir Thomas made Lord Keeper 38 Eliz. p. 522. His Speech to the Parliament 39 and 40 Eliz. p. 524. Q. Elizabeth enter'd on the Government Nov. 17. ann Dom. 1558. p. 1. and within nine weeks summons a Parliament viz. Jan 23. ibid. A Bill in that Parliament to make her inherit able to the late Q. Anne her Mother p. 19. she is averse from declaring a Successor p. 107. 127 128. Her sharp Speech to the Parliament in ann 8 and 9. for their Petition to that purpose p. 116. She remitteth the third payment of a Subsidy to take the Parliament off from urging her to declare a Successor p. 131. Her Pious Speech at the end of the Session 27. of her Reign p. 328. In the Parliament 28 and 29 of her Reign called upon the discovery of Babingtons conspiracy she appeared not in person but gave Commission to three Lords to supply her place with the title of Lords Lieutenants p. 377 378. Both Houses petition her to execute the sentence upon Mary Queen of Scots with her Answer thereto p. 380 381 382. Her Speech at the end of the Parliament in 35 of her Reign p. 466. Her great success against the Spaniard set forth in a Speech by the Lord Keeper p. 599. Jewels given to her Physicians to poyson her p. 599 G. GArgrave Sir Thomas chosen Speaker to the Commons in the Parliament holden 1 Eliz. p. 15. and 40. The manner of his disabling himself to the House first and then to the Queen ibid. His Petitions of course on behalf of the House of Commons p. 16. His Speech at the conclusion of the Session p. 31 Gavelkind what and in what places it obtaineth p. 272. A Bill to enable the owners of Gavelkind Lands in the County of Kent to alter the said Custom p. 533 Gentleman-Usher of the House claims right to bring such persons before the Upper House as are accused of breach of priviledge and sayes it does not belong to the Serjeant at Arms. p. 603. He is sent for an ordinary servant of the Queens committed to the Fleet for debt upon Execution and for him that arrested him p. 605. 607. This not to injure the Serjeant at Arms in his pretensions to that office p. 607 Grace Vide Bills and Acts. H. HAtton Sir Christopher made Chancellor 29 Eliz. upon the death of Sir Thomas Bromley p. 419 Herald at Arms in ordinary to the Queen not to have priviledge from Arrest on account of the Session of Parliament p. 608. 611 Hexamshire a Bill to annex it to the County of Northumberland and its Ecclesiastical Jurisdiction to the Bishoprick of Durham 8 9 Eliz. p. 103. but not passed into an Act till 14 Eliz. p. 200 Horses a Bill against conveying them into Scotland 1 Eliz. being a revival of an Act made 23 H. 8. p. 21 22 Lord Hunsdon's place in Parliament between the Lord Chandois and the Lord S t John of Bletso p. 530. 543 I. INgrossing of a Bill what p. 18. Vide Bills Injunctions to stop proceeding at Law in Parliament time p. 21 Judges who are but assistants to the Upper House made Joint Committees with the Lords p. 67. 71. 99. and so in every Parliament till 39 40 Eliz. p. 142. 527. but only to consider of some ordinary Bill and which concerned matter of Law for they were never of such Committees as were to have Conference with the Commons p. 423. They have leave from the Lord Chancellor or Keeper to sit covered in the House but are always uncovered at a Committee p. 527 K. KEeper vide Chancellor Kentish-Street in Southwark a Bill for the paving of it 8 and 9 Eliz. p. 112 L. THE River Lee a Bill to bring it to the North-side of London 13 Eliz. p. 150 Low-Country Wars a voluntary contribution of both Houses towards the maintaining of them p. 387 M. MArry see the word in the Table to the Journal of the House of Commons the Queen Petition'd by the House of Lords to marry with her Answer p. 105. 107. The advice and consent of the Parliament often required for the marrying of the Kings of England p. 117 119. Earl Marshal his place in Parliament is betwixt the Lord Chamberlain and the Lord Steward p. 535 Queen Mary died Nov. 17. 1558. in the sixth year of her Reign p. 1 Mary Queen of Scots Vide the Table to the Commons Journal Mason Anthony Esq Clerk of the Upper House 13 Eliz. p. 137. He is succeeded by Thomas Smith Esquire in the Parliament 39 40 Eliz. p. 522 Melcomb Regis Vide Weymouth Messages sent from the House of Commons to the Upper House are received by the Lord Keeper and the rest of the Lords at the Bar whither they are to go and meet those that come from the Commons p. 539 540 Mises not to be paid by the Shires of Wales and County Palatine of Chester when Subsidies are paid nor the contrary p. 20 Monopolies Petition'd against in 39 40 Eliz. which the Queen judges an invasion of her Prerogative ibid. N. A Bill of Naturalization of Gerson Wroth a German p. 22. of William Sidney and his Wife and of Sir John Wingfield and his Lady p. 462. of Justice Dormer and George Sheppy p. 464. of Samuel Saltingstal p. 488 Newgate the Keeper of it committed to the Fleet for not obeying an Order of the Lords for the bringing of one that was Prisoner there upon Execution and was Servant to a Peer p. 608 Duke of Norfolk a Bill for the confirmation of his marriage with the Lady Margaret his Wife 1 Eliz p. 22. and for the assurance of certain Lands for her Jointure p. 25 Earl of Nottingham his place in Parliament betwixt the Earl of Lincoln and Lord Viscount Bindon p. 543 O. OBjections against a
in the Upper House but nothing was done save only the Parliament continued by the Lord Keeper which is entred in the Original Journal-Book of the same House in manner and form following Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in horam secundam post Meridiem About which hour in the Afternoon the Queens Majesty came in person into the Upper House of Parliament where were then present to attend her Sir Nicholas Bacon Knight Lord Keeper of the Great Seal of England and divers other Lords both Spiritual and Temporal who being all set in their Parliament Robes according to their several Ranks in their due places the House of Commons had notice thereof and repaired thither with Sir Thomas Gargrave Knight their Speaker whose Speech to her Majesty and his very coming up being wholly omitted in the Original Journal-Book of the Upper House I have partly before supplyed it according to the usual course and added also the residue in like manner touching the substance of what he spake being also partly furthered in the setting down of it out of the Answer of Sir Nicholas Bacon Knight Lord Keeper of the Great Seal unto him whose said Answer I have also caused to be inserted at large out of a Copy thereof I had by me Sir Thomas Gargrave Knight before mentioned with as many of the Knights Citizens and Burgesses of the House of Commons as conveniently could being let into the Upper House and he placed at the Rail or Bar at the nether end of the same made a Learned Speech to her Majesty which is termed in the Original Journal-Book of the House of Commons fol. 214. b. A Learned Oration the effect whereof may very probably be gathered to have been as followeth viz. He declared unto the Queens Majesty and that present Assembly with what care and speed the House of Commons had this present Parliament enacted and passed many good Laws which remaining yet as a dead Letter and without force he did humbly desire that her Majesty would be pleased by adding her Royal Assent unto them to make them living and active Laws Then he desir'd in the name of the House that her Majesty would be pleased to accept of the good endeavours and desires of the said House of Commons expressed this Parliament in all their proceedings and more especially that her Majesty would be pleased to take in good part the free gift of her said Subjects who in token of their Love and Zeal to her Majesty did with one assent offer unto her not only the Subsidy of Tonnage and Poundage but likewise one Subsidy and two Fifteens and Tenths as an undoubted effect and Testimony of their Duty and thankfulness towards her Majesty for those many blessings and benefits which had accrued to the Church and State by her Highnesses most lawful and just Succession Lastly He concluded with an humble desire that her Majesty would be pleased to accept of his hearty and zealous thanks in allowing and admitting him though unworthy to that place of trust and importance and to pardon all those weaknesses and imperfections which he had unwillingly or casually discovered in the Execution of it To which said Speech of the Prolocutors Sir Nicholis Bacon Lord Keeper of the Great Seal having first repaired to the Queen to her Chair of Estate to know her Majesties pleasure as in her name and by her Command returned him this wise and large Answer M r Speaker The Queens Majesty hath heard how discreetly and wisely you have declar'd the proceedings of this Session in the House of Commons for Answer whereunto and for the better signification to be made to my Lords of the Upper House of the Judgment of the Parliament men and these Parliament matters her Majesties pleasure and Commandment is that I should open and utter unto you three things The one is what her Highness understandeth by your doings this Parliament of your wisdom and diligence The second what of your liberality and benevolence and therewith how comfortable the former is and how thankful the second The third what her Highness would you should do for the good Execution of the Laws devised by you and of the rest heretofore devised by others And here my Lords and Masters all albeit in labouring to bear this burthen I am much more like to fall than but to faint under it because neither am I able to perform it as the Queens Majesty hath commanded it nor as your deserts justly crave it nor as my will wisheth and desireth it Nevertheless my trust is that you will pardon my weakness and want so as no note of arrogancy or folly be ascribed to me for it seeing as you know by duty driven I do it I had rather and I know it much better for me to be silent and so to have no need of your pardon than by Speech to all your pains in hearing and to mine also in speaking to deserve to pray it if mine Office would suffer But now to the matter For the first part wherein her Majesty considereth how in the debating of the great and weighty Causes of this Parliament we have banished all suddain rash and swift proceedings dangerous Enemies to all good Counsel and in place thereof have taken such convenient leisure as the weightiness of the matters of their better consideration hath requir'd And again what freedom of Speech hath been used and permitted for the plain Declaration of every mans knowledge and Conscience yea and how men in some Cases and some places have been rather by gentle perswasions provoked than by any sharp manner of Speech by men of Council disswaded therefrom and therewith also how learnedly and cunningly the disputable matters being of moment have been agreed and reasoned how gravely and deeply weighed and considered how advisedly and considerately resolved and concluded and lastly with what nigh and universal consent they have been by you enacted and established Besides also remembring your great Studies and endeavours and diligences for the opening and declaring what may be said Pro contra in all causes of doubts to the end as it seemeth to her Highness that when all was said and heard on both parts that by any of your could be inferr'd or produc'd That that which should thereupon for all respects appear to stand most with the Honour and Glory of God and the common Wealth of the Realm might be the better and more safely agreed upon and determined When her Majesty I say remembreth and considereth these things she saith she cannot but much commend and allow your wisdom and diligence therein greatly to her comfort and consolation and much to all your praises and commendations For now her Majesty verily trusteth that like as no manner of determination in Parliament neither can nor ought by any private Man to be infringed or undone so these determinations of yours in this form begun proceeded and concluded cannot hereafter justly no not by
the King willed him to make special Bills for them which he had done for seven c. And therefore it can be no Argument that the House of Commons had no Speaker before the 51 th year of E. 3. because no former Records mention him For this is to be noted that the Antient Parliament Rolls did record only what Acts passed between both Houses and what Laws were made and omitted matters of Form and Ceremony There are also divers Parliament Rolls tempore R. 2. that do mention the Presentment of the Speaker prout in an 1 Rich. 2. n. an 2 R. 2. n. 18. 20 22 23 an 4 R. 2. n. 10 12 13. an 5 R. 2. n. 10 16. an 21 R. 2. n. 8 9 14 15. So also the Speaker is mentioned in the Parliament Rolls de annis 1 2 4 5 6 11 H. 4. and in the Parliament Rolls of H. 5. H. 6. and E. 4. remaining in the Tower and in the Parliament Rolls of R. 3. H. 7. remaining in the Chappel of the Rolls in Chancery-lane and since H. 8. time the Original Journal-Books of the Upper House of divers of his Years remain in the Parliament Office scituate and being in the Palace-Yard at Westminster at the South Corner thereof as also the Original Journal-Books downwards to this time and from the first Year of Ed. 6. to this day the Original Journal-Books of the House of Commons are in the Custody or at the disposing of my kind Friend John Wright Esq Clerk of the same House this present Year 1630. And now here do 〈◊〉 the next place follow certain Observations upon the Election of the said Speaker transcribed also with very little alteration out of the before-mentioned Treatise of M r Elsinge Lib. Cap. eodem § 2. in which two Questions are moved First Whether the Commons might chuse their Speaker if the King Commands them not Secondly Whether the Election be in their own absolute choice For to clear these two we must view the Antient Records those of R. 2. are the first that frequently mention the Speaker It doth not appear by any of them that the Commons had ever any such Commandment to chuse their Speaker Neither is there a word of it in any Record of E. 3. which have the Speeches at large touching the Cause of Summons most of them concluding with a Charge to the Commons to consider and advise thereof amongst themselves but nothing touching the Election of their Speaker yet out of doubt they did first chuse their Speaker before they entred into any Debate of their Charge The first Charge to chuse their Speaker is in an 2 H. 4. and yet it is omitted again in the Parliament 7 8 H. 4. but that only excepted it is continued from the 2 H. 4. until this day and the long use hath made it so material that without the Kings Commandment or leave they cannot chuse their Speaker which appears by this that in an 31 H. 6. the Parliament being Prorogued and the Speaker arrested in Execution in the interim before the access the Commons prayed his Enlargement which after long Debates of the Priviledges of Parliament was denied And then certain of the Lords were sent to the House of Commons and Commanded them in the Kings name to chuse a new Speaker and thereupon they did so Vid. An Account of this President at the end of this Session out of Rot. Parl. 31 32 H. 6. And of late Years in the time of Queen Eliz. the Parliament being Prorogued at two several times and the several Speakers dead in the interim before their second access as shall be more largely declared hereafter in these Journals the Commons before they proceeded to any business acquainted the Lords therewith and desired them to intimate the same to the Queen and so were commanded by her Majesty to chuse new Speakers Ut vide in an 8 Regin Eliz. die 1 Oct. in an 23 Reginae ejusdem die 18 Jan. But as touching the second Question surely the Election of the Speaker was antiently free to the Commons to chuse who they would of their own House which appears in this that the King never rejected any whom they made choice of Vide 5 R. 2. The Parliament began 4 Novemb. and the 18 th of Novemb. the Commons came and presented Sir Richard Walgrave whom they had chosen for their Speaker who excused himself desiring to be discharged But the King Lui chargeast del faire sur sa ligeaunce in as much as his Companions had chosen him whereby it appears plainly that the choice was absolutely in their own power These Animadversions touching the Antiquity and Election of the Speaker of the House of Commons being thus inserted from several Authorities Now follows the Presentment of the Speaker and her Majesties allowance of him out of the Original Journal-Book of the House of Commons in which many things of Form are also added by my self and divers Animadversions out of that before-mentioned elaborate MS. Treatise of M r Elsinge's penning Lib. 1. cap. 7. with some small Additions or Alterations On Saturday the 28 th day of Jan. about one of the Clock in the Afternoon to which day and hour the Parliament had been last Adjourned or continued on Wednesday the 25 th day of this instant Jan. foregoing her Majesty Sir Nicholas Bacon and divers Lords Spiritual and Temporal were present in the Upper House which said Lords as also her Majesty had on their several Parliament Robes of which the Knights Citizens and Burgesses and Barons of the House of Commons having notice they repaired thither Sir Thomas Gargrave was led up to the Rail or Bar at the lower end of the said Upper House who submissively excusing himself he humbly desired the Queens Majesty to free him from that Imployment and to Command her Knights Citizens and Burgesses of the House of Commons to Elect amongst themselves some other more able Member for the discharge of the said place But notwithstanding these reasons her Majesty signified his allowance by the Mouth of the Lord Keeper Nota That the exeuse of the Speaker is at this day meerly formal and out of modesty For he first excuseth himself unto the Commons when they Elect him and afterwards to the Soveraign when he is presented But antiently it seemeth they were both hearty and real or else no excuse at all was made And the first President of this nature that is found in Record is in the Parliament Rolls de an 5 R. 2. n. 9. die 4 Novembris where Sir Richard de Waldgrave Knight the Lineal Ancestor in the Male Line of the several Families of Waldegrave in Suffolk being chosen Speaker of the House of Commons did excuse himself unto the said King but was charged upon his Allegiance to undertake it sith he was Chosen by the Commons The next is in an 1 H. 4. of Sir John Cheny who made no excuse at his Presentment
But the next day after he and they came before the King and declared his disability to serve by reason of a sudden sickness and that the Commons had chosen Sir John Dorewood in his place beseeching his Majesty to allow thereof which the King did and Commanded Sir John Dorewood to be their Speaker And then the said Sir John Dorewood made the common Protestation for himself and the Commons but no excuse N. 63. The next excuse is in an 5 H. 4. n. 8. of Sir Arnold Savage which the King would not allow of An. 6 H. 4. n. 8. Sir William Sturing made no excuse and an 7 8 H. 4. n. 9. Sir John Tibtot desired to be excused by reason of his Youth but the King affirmed the Election and all other Speakers in H. 4. his time desired to be excused Some Speakers also under H. 5. desired to be excused and some others did not for it was not constantly observed but from the sixth year of H. 6. since which time they have all except two desired to be excused yet none were excused save only Sir John Popham Knight an 28 H. 6. whom the King discharged and thereupon the Commons chose and presented William Tresham Esq who made no excuse neither did Sir William Oldham an 29 H. 6. desire to be excused These Animadversions upon the Speakers Speech which he first makes unto her Majesty containing his excuse being thus inserted as aforesaid now follows the second Speech of the said Speaker upon his allowance by her Majesty The substance of which being not found in the Original Journal-Book of the House of Commons I have supplied according to the usual Form The said Sir Thomas Gargrave being allowed and confirmed Speaker of the House of Commons by her Majesty having tendred his humble thanks for her Highness gracious Opinion of him and added some Expressions in honour of her Majesty in the end of his Speech He came according to the usual Form to make certain Petitions in the behalf of the House of Commons and of himself in which he did first desire Liberty of access for the Members of the said House to her Majesties presence upon all urgent and necessary occasions Secondly that if in any thing he should mistake or misreport any thing which should be committed unto him to declare that his unwilling miscarriage therein might be pardoned Thirdly That they might have Liberty and Freedom of Speech in whatsoever they had occasion to propound and debate in the House And lastly that all the Members of the House with their Servants and necessary Attendants might be exempted from all manner of Arrests and Suits during the continuance of the Parliament and the usual space both before the beginning and after the ending thereof as in former times hath always been accustomed To which Speech of the said Speaker the Lord Keeper by her Majesties Commandment made a large Answer which is verbatim set down in the Journal-Book of the Upper House upon this instant Saturday the 28 th day of Jan. in which he intimated at large among other things that her Majesty did graciously allow of those Liberties and Priviledges for which the said Speaker had Petitioned so as they were discreetly and modestly used In which Speech of the Speaker's in general it may first be observed that at this day it is in the Speakers Power to deliver in his Speech what shall best please himself whereas antiently he delivered nothing but what the House gave him in Charge to speak as may be gathered by the Parliament Rolls de an 1 R. 2. an 2 R. 2. an 3 R. 2. an 6 R. 2. an 17 R. 2. in an 4 in an 10 H. 4. and in divers other Parliaments in the times of H. 5. H. 6. and Ed. 4. And for those three Priviledges before mentioned which Sir Tho. Gargrave the Speaker did in his foregoing Speech desire of her Majesty in the name and on the behalf of the House of Commons they were no other than the said House did doubtless enjoy in antient time although they were never desired by the then Speakers of the same House nor were any of them ever Petitioned by any Speaker until in the Parliament de an 28 H. 8. as may very probably be gathered by the Original Journal-Book of the Upper House de an eodem And as to the first Petition which he made in the name of the House of Commons for free access to her Majesty it is plain that the said House enjoyed it during the Reign of K. E. 3. prout patet ex Rot. Parl. de an 51 Ed. 3. n. 87. when Sir Thomas Hungerford was Speaker and in the time since under R. 2. H. 4. and their Successors the Presidents are so frequent as they need no vouching And as touching this foregoing Petition it is first Recorded in the Original Journal-Book of the Upper House to have been made de an 28 H. 8. by Richard Rich the then Speaker and in a like Journal-Book de an 31 H. 8. by Thomas Moyle the Speaker in that Parliament and the same course hath been constantly observed by all the Speakers since of whose Speeches there is any good memorial remaining And as touching the second Petition which the said Sir Thomas Gargrave made unto her Majesty in the name of the House of Commons for freedom of Speech there is no Record that it was ever Petitioned for until in the Original Journal-Book of the Upper House de an 33 H. 8. it is entred to have been made by Thomas Moyle the then Speaker yet was it never denied them before for the said Commons would never suffer any uncomely Speeches to pass of private men in their House much less of the King or any of the Lords and in Ed. 3. his time who was an absolute Prince and beloved of his People the Commons themselves did oftentimes discuss and debate many things concerning the Kings Prerogative and agreed upon Petitions for Laws to be made directly against his Prerogative as may appear by divers of the said Petitions yet they were never interrupted in their consultations nor received any check for the same as may appear by the very Answers to their Petitions The Presidents in the two succeeding Kings times are not of so good a stamp as those of Ed. 3. because R. 2. was much over-ruled in his young Years and H. 4. was an Usurper and so was compelled to seek for the love of his Subjects yet was there one passage in his Reign which proved him a most wise and just King after he had attained the Crown For in Rot. Parl. de an 2 H. 4. n. 11. the Commons Petitioned the King that he would not suffer any report to be made unto him of any matters either moved or debated amongst them until they be concluded nor give them any credit whereunto the King assented and for the freedom of Speech which the Commons enjoyed in succeeding times the Presidents are so
frequent as they need no further vouching And it is very well worthy the Observation that whereas in the Session of Parliament de an 8 Regin Eliz. when Richard Onslow Esq her Majesties Sollicitor was Elected and allowed Speaker by reason of the Death of Thomas Williams Esq who had been Speaker in the Session de an 5. Regin Eliz. and did Decease in the interim of the several Prorogations between the said two Sessions the said Richard Onslow did upon his Presentment to her Majesty and allowance by her only desire in the name of the House of Commons free access to her Majesty and did either ignorantly or wittingly omit to make those two other Petitions on their behalf for freedom of Speech and freedom from Arrests and Suits yet in the said Session de an 8 Regin Eliz. the House of Commons falling upon that great business of her Majesties Declaration of a Successor did use greater liberty of Speech than they had done or did before or after in any other Parliament during her Majesties Reign when the said Speakers did most precisely desire the allowance of the said priviledge of freedom of Speech from her Majesty And now thirdly and lastly touching that Petition which Sir Thomas Gargrave the Speaker made unto her Majesty for freedom from Arrests It is plain that the Commons and the Lords of the Upper House have not only always enjoyed the same for themselves and their necessary attendants but also have been exempted from Suits at Law during the continuance of the Parliament not only in legal Courts but in the very Court of Chancery Star-Chamber and such like unless some Criminal matter be laid unto their Charge which draws into question the life it self which I have caused to be inserted into the preceeding abstract of Sir Thomas Gargraves Speech because he either did Petition for freedom from Suits as well as for freedom from Arrests or he ought to have done it For it is plain by the close Rolls of Ed. 2. remaining in the Tower that the Barons and such others as were Summoned to Parliament in the seventh and eigth Years of his Reign were exempted from Answering to any Suits before tho Justices of Assize during the Parliaments continuance where the Proclamations sent to the said Justices for that purpose contain these words viz. Quod supersedeant ubi Barones alii summoniti ad Parliamentum Regis sunt partes vide Rot. Claus. de an 7 Ed. 2. Membrana 24. de an 8 Ed. 2. m. 22 23. And for the several Presidents how frequently the Members of the House of Commons were exempted both from Arrests and Suits during all the Parliaments of her Majesties Reign they are so many and fell out so often as may be seen by every ensuing Journal almost of the House of Commons that they need no vouching These Animadversions being thus added touching the Speakers Speech and the Petitions on the behalf of the House of Commons contained therein now follows the departure of the said Speaker being fully invested in his place by her Majesties allowance down unto the House of Commons out of the Original Journal-Book of the same with some Additions in matter of Form Sir Thomas Gargrave aforesaid being now setled in the place of Speaker after his humble reverence made unto her Majesty departed with the other Members of the House of Commons unto their own House the Serjeant of the same carrying the Mace all the way before the said Speaker which was in like sort born before him during this Parliament both when he repaired unto and when he departed from the said House The Speaker being placed in the Chair ..... Seymore Esq Clerk of the foresaid House of Commons who sate uncovered at a Table at the upper end of the House just before the Speaker stood up and read a Bill which had been treated of in the last Parliament being intituled The Bill touching felling of Wood and Timber Trees in Forrests and Chases which done kissing his hand he delivered the said Bill to the Speaker who standing up uncovered whereas otherwise he sitteth covered and holding the Bill in his hand said The Bill is thus Intituled and then having read the Title of the Bill as is before set down he opened to the House the substance thereof which it is most probable he did out of the Breviate which was filed to the Bill and had been delivered unto him together with the Bill by the Clerk of the House aforesaid which being done he then said This is the first reading of the Bill and so delivered it unto the Clerk again which ended the House arose which hath been the constant use and custom ever since as also divers years before that after the presentment and allowance of the Speaker one Bill be once read after his return from the Upper House unto the House of Commons On Monday the 30 th day of January the Bill for the avoiding of French Wares and Wines and the Bill touching any variance of Grants made by Corporations were each of them read the first time M r Treasurer with 23. others of this House whose names are wholly omitted in the Original Journal-Book of the House of Commons through the negligence of ..... Seymour Esq at this time Clerk of the same were appointed to meet together and to treat for a convenient Subsidy and also to consider touching the validity of the Writ of Summons both of the last Parliament and also of this present Parliament in which said Writ the words Supremum caput Ecclesiae Anglicanae were wanting vide February 3. postea On Tuesday the 31 th day of January it was agreed in the House that a Book for the Subsidy be drawn by several of the Committees On Wednesday the first day of February the Bill touching levying of Fines in the County Palatine of Durham and the Bill touching thicking of Hats or Caps in Mills were each of them read the first time The Bill also touching the grant of Tonnage and Poundage was read the first time On Friday the 3 d of Feb. the title of a Bill which had this day its second reading is thus entred in the Original Journal-Book of the foresaid House The Bill for felling of Wood and Timber in Forrests or Chases And under the entrance of the title of it in the Original Journal-Book of the House of Commons was written M r Sackvill by which it should seem that this Bill was committed upon the first reading to him and as it is probable to others also By which manner of entring the title of the said Bill it may plainly be collected that the Bill it self had at this time its second reading and was thereupon committed to M r Sackvill to whom it seemeth the Bill was delivered and others whose names are omitted the manner of which being there also left unmentioned I thought good to supply according to the usual Form both then doubtless used and at this day also The
be ingrossed The Bill for the payment of Tithes was read the first time and rejected upon the Question May the 13 th Sunday On Monday the 14 th day of May the Bill for not returning in Juries persons of the Queens Majesties Houshold was read the second time and committed unto Mr. Treasurer Sir John Thinne Mr. Cofferer Mr. Brown Mr. More and Mr. Ferrers The Bill for Residence of Pastors being the third of those seven Bills preferred this Parliament touching the reformation of matters in Religion and therefore called in the Original Journal-Book of the House of Commons the Bill C was read the second time and Ordered to be ingrossed Touching which Bill and matters of Religion see a more full Animadversion or Declaration on Thursday the 17 th day of this instant May following The Bill against Vagabonds and the first Bill for preservation of Wood were Ordered to be ingrossed The Bill for Conveyances and Assurances of Lands to be made without Covin was read the second time and committed unto Mr. Recorder of London Mr. Marsh Mr. Stanhop Mr. Grice Mr. Sampoole Mr. Norton Mr. Alford and Mr. Dalton who were appointed to meet in the Temple Church at two of the Clock this Afternoon Mr. Sollicitor and Mr. Attorney brought from the Lords four Bills of which the two last were one for the Restitution in Blood of the Children of Sir Thomas Wyat and the other for the Assurance of the Jointure of the Lady Barkley Three Bills had each of them their third reading and passed upon the question of which the last was the Bill against the Exaction of Collectors of the Tenths of the Clergy The Bill lastly for severance of the Sheriffs in the Counties of Bedford and Buckingham were read the second time and thereupon Ordered to be ingrossed Post Meridiem Four Bills of no great moment had each of them one reading of which the first being the Bill concerning Hospitals and the third for Planting of Hops were each of them read the first time and the second being the Bill against great Hosen was read the first time and committed unto Sir Christopher Heydon Sir William Buts Mr. Stokes Mr. Moore Mr. Warncomb Mr. St. John Mr. Gare Mr. Humberston Mr. Layton and Mr. Sackerston Which is the rather to be observed in respect that this Bill was committed upon the first reading which is not usual until the second of which there were three like Presidents viz. one on Thursday the 10 th day and two on Friday the 11 th day of this instant May foregoing The Bill for making of William Watson a free Denizen was twice read and the Bill lastly for Leverpool was read the first time On Tuesday the 15 th day of May the Bill against Wednesdays was read the first time The Bill touching the Commutation of Penance by the Ecclesiastical Judge being the last of those seven Bills preferred this Parliament touching the Reformation of matters of Religion and therefore called in the Original Journal-Book of the House of Commons the Bill G was read the second time and Ordered to be ingrossed Touching which Bill and matters of Religion see more at large on Thursday the 17 th day of this instant May following Three Bills also of no great moment had each of them one reading of which the last being the Bill for Confirmation of Attainders was read the third time and passed the House The Proviso for the Countess of Cumberland and others to the Bill for Confirmation of Attainders was thrice read And further Ordered by the House that the Saving for Sir Henry Peircy Knight shall be placed in the Book before the general saving without any alteration or change of any word or words at all The Bill for Confirmation of Attainders with the other last passed were sent up to the Lords from the House of Commons by M r Treasurer and others The Bill for the Restitution in Blood of the Children of Sir Thomas Wyat Knight was read the third time The Bill lastly for the continuance of the severance of Sheriffs in sundry Shires was read the third time and passed upon the Question On Wednesday the 16 th day of May the Bill against Wednesdays was read the second time and Ordered to be ingrossed The new Bill against great Hosen and a new Bill of Jeofails were each of them read the first time M r Attorney General and M r Doctor Vaughan brought from the Lords the Bill for Confirmation of Attainders for mending of an Indorsement Three Bills of no great moment had each of them one reading of which the third being the Bill against Collusions and Delays in Vouchers was read the second time and Ordered to be ingrossed M r Attorney General and M r Doctor Huick did require from the Lords to have the Committees in the Bill for Treasons presently sent to them for Conference The Bill for Residence of Pastors being the third of those seven Bills preferred this Parliament touching matters of Religion and therefore called in the Original Journal-Book of the House of Commons the Bill C was read the third time and upon the Division of the House dashed M r Doctor Huick and Mr. Doctor Yale did bring from the Lords a Bill against Bankrupts with Commendations for the expediting thereof Post Meridiem In the Afternoon the Bill for search of Fairs of Maidston in Kent was read the first time Mr. Sollicitor and Mr. Doctor Huick brought from the Lords the Bill against Bulls c. and the Bill for Treasons both reformed as appeareth in several Papers annexed containing the places and words of Amendments Seven Bills of no great moment had each of them one reading of which the fourth being a new Bill for the maintenance of the Havens of Plymouth and Dartmouth c. was read the second time On Thursday the 17 th day of May Two Bills of no great moment had each of them their second reading and Ordered to be ingrossed of which the second was the Bill against Clothworkers The Bill against Cloth-workers was read the second time and Ordered to be stayed Sir Walter Mildmay Sir Thomas Smith Mr. Serjeant Lovelace Mr. Bell Mr. Mounson Mr. Popham Mr. Sampool Mr. Sands and Mr. Yelverton were appointed to have Conference with the Lords touching the Bill for respite of Homage in the outer Chamber of the Upper House at two of the Clock this Afternoon The Bill for Sewers was read the first time The Bill against Bulls and the Bill for Treasons were upon the Question absolutely passed with all the Additions and Amendments The Bill also against Wednesdays and the Bill against Collusion and delays in Vouchers were each of them read the third time and passed the House The Bill touching the Commutation of Penance by the Ecclesiastical Judge being last of those seven Bills preferred this Parliament touching Reformation of matters of Religion and therefore called in the Original Journal-Book of the House of Commons the Bill G was read the
further reported that the same matter coming also in Question in the UpperHouse before Committees there at the Suit of Henry Brother to the said Andrew the Committees of the higher House have for great Causes agreed in opinion with the Committees of this House concerning the Deed. Vide concerning this matter on Wednesday the 28 th day of May preceeding as also on Tuesday the third day Wednesday the fourth day and on Friday the sixth day of this instant June foregoing The Bill lastly for relief of Sir William Harper Knight was read the third time But what further passed this day in the House of Commons doth not at all appear in the Original Journal-Book of the same House but is negligently omitted by Fulk Onslow Esq at this time Clerk thereof Yet it is most probable that here ended the whole or at least the greatest part of this Forenoons Passages And then this Sessions of Parliament being Adjourned in the Afternoon by Sir Nicholas Bacon Lord Keeper of the Great Seal Ex mandato Dominae Reginae as the words of the Original Journal-Book of the Upper House are it should seem the said Mr. Onslow did omit to make any remembrance or mention thereof although this Adjournment did add an end to this present Session her Majesty giving her Royal Assent to thirteen publick Acts and four private And the reason why so few Statutes received Life as also that neither the Bill for her Majesties general Pardon nor any Bill of Subsidy passed the Houses at this Sessions was in respect that it was chiefly called for Consultation and deliberation touching the dangers of her Majesty and the Realm by reason of the Scottish Queen against whom the House of Commons did proceed with great earnestness advising her Majesty to proceed to her final Execution although the said advice took not effect nor was pursued by her Majesty until the twenty eighth Year of her Reign THE JOURNAL OF THE House of LORDS An Exact and perfect Journal of the Passages of the House of Lords in the Parliament holden at Westminster An. 18 Reginae Eliz. A. D. 1575 which began there on Wednesday the 8 th Day of February after divers Prorogations of the same and there continued until the Prorogation thereof on Thursday the 15 th Day of March next ensuing THE Journal of this present Session although there were no Solemnity at the beginning thereof as of a new Parliament yet wanted there not the Return and Entrance of divers Proxies as well extraordinary as ordinary and although through the great negligence of Anthony Mason Esquire at this time Clerk of the Upper House there appeareth little other matter to have been agitated therein than the reading committing and expediting of Bills yet it is plain by the Original Journal-Book of the House of Commons that there was some Entrance by both Houses upon the reformation of divers Abuses in the Ecclesiastical Government and some difference between the said Houses about the Bill for the Restitution in Blood of the Heirs of the Lord Stourton sent down from the Lords to the Commons Besides this foresaid Journal is not a little enlarged and beautified by the inserting of the Speech at large of Sir Nicholas Bacon Lord Keeper of the Great Seal out of a Copy thereof I had by me which is the rather worth the noting in respect that it was doubtless the last Speech he ever made in Parliament for before the third Session of this present Parliament which was held five Years after the Adjournment of this present Session he died viz. in the two and twentieth Year of her Majesty Anno Domini 1579. and so Sir Thomas Bromley Knight succeeded Lord Chancellor before the said Session in Anno 23 Reginae ejusdem which was the third and last Session of this instant Parliament The first Session whereof was held in Anno 14 Reginae praedictae by which means this was the longest Parliament continuing about eleven Years of any during her Majesties Reign and was not Dissolved until the five and twentieth Year of her said Reign containing also in it three several Sessions whereas no other consisted of above two at the most Memorand quod die Mercurii octavo die Februarii Anno Regni excellentissimae ac metuendissimae Dominae nostrae Dom. Eliz. Dei gratia Angliae Franciae Hiberniae Reginae Fidei Defensatricis c. Decimo octavo quo die post varias ac diversas Prorogationes praesens haec Sessio Parliamenti tenta habita fuit apud Westmonasterium Domini tam Temporales quam Spirituales quorum nomina subsequuntur praesentes fuerunt The Queen was not present because as it hath been observed this was no new Parliament but the Lords met of Course Nicolaus Bacon Miles Dominus Custos magni Sigilli Dominus Burleigh Thesaurarius Angliae Comites Comes Lincoln Admirallus Comes Sussex Dominus Camerarius Hospitii Reginae Comes Northumbr Comes Kanc. Comes Darb. Comes Wigorn. Comes Rutland Comes Huntingdon Comes Warwick Comes Southampton Comes Bedford Comes Pembroke Comes Hartford Comes Leicester Comes Essex Vice-Comes Mountague Vice-Comes Bindon Episcopi Episcopus London Episcopus Winton Episcopus Hereford Episcopus Elien Episcopus Meneven Episcopus Sarisburien Episcopus Covent Litchf Episcopus Cestren Episcopus Bangoren Episcopus Cicestren Episcopus Oxon. Episcopus Roffen Episcopus Assaven Barones Dominus Abergavenny Dominus Audley Dominus Dacres Dominus Stafford Dominus Gray de Wilton Dominus Dudley Dominus Lumley Dominus Darcy Dominus Wentworth Dominus Mordant Dominus Cramwell Dominus Evers Dominus Rich. Dominus Pagett Dominus Howard Dominus North. Dominus Shandois Dominus Hunsdon Dominus S t John de Beltso Dominus Buckhurst Dominus de la Ware Dominus Compton Dominus Cheyney Dominus Norris Which are all the Names noted in the Original Journal-Book of this eighteenth Year of the Queen to have been present this Wednesday the 8 th of February These Lords being thus set they fell to their ordinary business without any manner of solemnity this being as hath been said no new Parliament but only the second Session of that Parliament which began in Anno 14 Reginae Elizabethae Two Bills of no great moment had each of them their first reading of which the first was the Bill for the reformation of the excess in Apparel Hodie returnatum fuit breve quo Henricus Comes Northumbriae praesenti Parliamento interesse summonebatur qui admissus est ad suum praeheminentiae sedendi in Parliamento locum salvo jure alteno The like several Writs returned the Earl of Kent and Charles Lord Howard Lord Audley William Bishop of S t Asaph and Henry Earl of Darby Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in diem Crastinum hord octavâ Although this were but a second session of a former Parliament as hath been said yet were divers Proxies sent and returned of which there being no mention upon what day they were introduced I have caused two
quem diem Prorogatum fuerat praesens Parliamentum The Parliament was by the Lord Chancellor the Earl of Darby and the Bishop of Sarisbury Commissioners c. Adjourned ad in 12 diem Junii Duodecimo die Junii in quem diem Prorogatum fuerat c. The Parliament was by the Lord Chancellor Lord Treasurer and five other Commissioners Adjourned ad in 28 diem jam instantis Junii Vicesimo octavo die Junii Anno 23 Eliz. Reginae in quem diem Prorogatum fuerat hoc praesens Parliamentum The Parliament was by the Lord Chancellor the Earl of Arundell and the Lord Dacres Commissioners c. Adjourned ad in 26 diem Julii prox futurum Vicesimo sexto die Julii Anno 23 Eliz. Reginae The Parliament was by Sir Thomas Bromley Lord Chancellor and three other Commissioners Adjourned ad in 12 diem Augusti Anno 23 Eliz. Reginae prox futurum Vicesimo primo die Augusti Anno 23 Eliz. Reginae in quem diem Prorogatum fuerat c. The Parliament was by the Lord Wentworth and the Bishop of London Commissioners c. Prorogued ad in quintum diem Octobris prox futurum Quinto die Octobris Anno 23 Eliz. Reginae The Parliament was by the Bishop of London and the Lord Dacres Prorogued by vertue of the Queens Majesties Commission c. ad in 23 diem Novembris prox futurum Vicesimo tertio die Novembris Anno 24 Eliz. Reginae The Parliament was Adjourned by Sir Thomas Bromley Lord Chancellor and Edward Lord Stafford by vertue of the Queens Majesties Commission ad in quintum diem Decembris prox futurum Quinto die Decembris Anno 24 Eliz. Reginae The Parliament was by the Lord Chancellor and Edward Lord Stafford Adjourned according to the Queens Majesties Commission in that behalf c. ad in 18 diem Januarii prox futurum Decimo octavo die Januarii Anno 24 Eliz. Reginae The Parliament was Adjourned by the Lord Chancellor the Lord Treasurer the Bishop of London and the Lord Howard of Effingham by vertue of the Queens Majesties Commission ad in duodecimum diem Februarii proximè futurum Duodecimo die Februarii Anno 24 Eliz. Reginae The Parliament was Adjourned by the Lord Chancellor the Lord Treasurer the Bishop of London and the Lord Buckhurst by Vertue of a Commission ad in 12 diem Martii prox futurum Upon which said 12 th day of March in the same twenty fourth year of her Majesties Reign the Lord Chancellor and other Lords met and Prorogued the Parliament unto a further day which after five other Prorogations was at last Dissolved all which follow in their several places viz. Duodecimo die Martii Anno 24 Eliz. Reginae The Parliament was by the Lord Chancellor the Bishop of London and Gregory Lord Dacres by vertue of a Commission Adjourned ad in 26 diem Aprilis prox futurum Vicesimo sexto die Aprilis Anno 24 Eliz. Reginae The Parliament was Adjourned by the Lord Chancellor one Earl one Bishop and two Lords by vertue of a Commission ad in 26 diem Maii prox futurum Vicesimo sexto die Maii Anno 24 Eliz. Reginae The Parliament was Adjourned by the Lord Chancellor and Roger Lord Morley by vertue of a Commission c. ad in decimum diem Octobris prox futur Decimo die Octobris Anno 24 Eliz. Reginae the Parliament was in usual form Adjourned by the Bishop of London and Gregory Lord Dacres by vertue of a Commission c. ad in 29 diem Novembris prox faturum Vicesimo nono die Novembris Anno 25 Eliz. Reginae The Parliament was in usual manner Adjourned by the Bishop of London and Gregory Lord Dacres by vertue of a Commission c. ad in 24 diem Januarii prox futurum Nota the word Adjourned is used for Prorogued Vicesimo quarto die Januarii Anno 25 Eliz. Reginae the Parliament was in usual form Adjourned by the Lord Chancellor the Lord Treasurer and the Bishop of London by vertue of a Commission c. ad in 19 diem Aprilis prox futurum Memorand quod hodierno die decimo nono die Aprilis Anno Regni 25 Elizabethae Reginae in quem diem Prorogatum fuit hoc praesens Parliamentum convenere Proceres tam Spirituales quam Temporales quorum nomina subseribuntur Thomas Bromley Miles Cancellarius Angliae Willielmus Dominus Burleigh Dominus Thesaurarius Angliae Philippus Comes Arundell Franciscus Comes Bedford Johannes Episcopus London Edwardus Dominus Stafford Fredericus Dominus Windefor Henricus Dominus Hunsdon Henricus Dominus Norris Qui cum convenissent Thomas Bromley Miles Dominus Cancellarius Angliae literas Regias Commissarias Anthonio Mason Clerico Parliamenti publice legendas in manus tradidit virtute quarum Dissolutum est hoc praesens Parliamentum Earum autem tenor hic erat ELizabetha Dei gratia Angliae Franciae Hiberniae Regina Fidei Defensatrix c. praedilecto fideli Consiliario suo Thomae Bromley Militi Domino Cancellario Angliae reverendissimóque in Christo Patri Edwino Ebor. Archiepiscopo Angliae Primati Metropolitano ac praedilecto Consiliario suo Willielmo Domino Burleigh Domino Thesaurario Angliae ac etiam charissimis consanguineis Consiliariis suis Edwardo Comiti Lincoln magno Admirallo suo Angliae Thomae Comiti Sussex Domino Camerario suo Necnon charissimis consanguineis suis Philippo Comiti Arundell Henrico Comiti Northumbr Henrico Comiti Darby Willielmo Comiti Wigorn. ac etiam charissimis consanguineis Consiliariis suis Henrico Comiti Huntingdon Domino Praesidenti Concilii sui in partibus Borealibus Ambrosio Comiti Warwici Magistro Ordinationum suarum Francisco Comiti Bedford Charissimis consinguineisque suis Henrico Comiti Pembroke Edwardo Comiti Hertford ac Charissimo consanguineo Consiliario suo Roberto Comiti Leicestr Migistro Equorum suorum ac etiam charissimo consanguineo suo Anthonio Vicecomiti Mountague necnon reverendis in Christo Patribus Johanni Episcopo London Johanni Episcopo Sarisburien Johanni Episcopo Roffen ac etiam praedilectis fidelibus suis Willielmo Domino Cobham Domino Gardiano Quinque Portuum suorum Peregrino Domino Willoughby Gregorio Domino Dacre Edwardo Domino Stafford Johanni Domino Lumley Frederico Domino Windesor Thomae Domino Wentworth Lodovico Domino Mordant Henrico Domino Cromwell Carolo Domino Howard de Effingham Rogero Domino North praedilecto fideli Consiliario suo Henrico Domino de Hunsdon Domino Gardiano Marchiarum Orientalium versus Scotiam ac praedilectis fidelibus suis Thomae Domino Buckhurst Henrico Domino Compton Henrico Domino Cheyney de Tuddington Henrico Domino de Norris de Ricott salutem Cum nuper pro quibusdam arduts urgentibus negotiis Nos statum Defensionem Regni nostri Angliae ac Ecclesiae Anglicanae concernentibus praesens hoc Parliamentum nostrum apud Civitatem nostram Westmonasterii octavo
now credibly informed to this House by John Aldrich Gentleman one of the Citizens returned for the City of Norwich and also by Sir Roger Woodhouse Knight one of the Knights for the said County of Norff. and also by Edward Grimstone Esquire one of the Burgesses for the Town of Ipswich in the County of Suff. that the said Thomas Beamont is impotent and incurably sick and diseased it was at the earnest motion of the said John Aldrich made to this House for another Citizen to be chosen and returned for the said City of Norwich in the place and stead of the said Thomas Beamont Ordered and resolved by this House that a Warrant be made forthwith by this House to the Clerk of the Crown-Office in the Chancery for the directing of a new Writ for the chusing and returning of another Citizen of the said City of Norwich in the place and stead of the said Thomas Beamont accordingly And for as much as Hugh Graves one of the Citizens for the City of York did the last former Session of this present Parliament move the House and make request that by Order of this House another Citizen might be chosen and returned for the said City of York in lieu and stead of Gregory Peacocke his fellow Citizen being then and yet still incurably sick and diseased and for that also that Robert Askewith is already returned and hath attended this present Session in the room and place of the said Gregory Peacocke it was now Ordered and resolved by this House that the said Robert shall stand and remain still as a Citizen for the said City of York in the lieu and place of the said Gregory Peacocke according to the return thereof made The Bill for the Lord Zouch was after sundry Motions and Arguments put to the Question and dashed It was also upon further consideration of the said returns and defaults Ordered and resolved That Thomas Fleming Gentleman being returned into this Session and appearing in the place of James Dalton one of the Burgesses for Kingstone upon Hull in the County of York being incurably sick and diseased shall stand and continue according to the return in that behalf already made And that John Fawcher likewise returned a Burgess for the said Town of Kingston upon Hull in the lieu and stead of James Clerkson sick and Samuel Cox Esquire returned a Burgess for the City of Rochester in the County of Kent in the room and place of William Partridge Esquire being sick Sir William Drury Knight returned a Burgess for Castle Riseing in the County of Norff. in the room and place of Edward Flowerdewe Esq being sick Richard Mollineux Esquire returned a Burgess for the Town of Wigan in the County of Lancaster in the room and place of Edward Fitton Esquire being in the Queens Majesties Service Fulke Grevill Esquire returned a Burgess for the Town of Southampton in the room and place of Sir Henry Wallop Knight being in the Queens Majesties Service and Richard Herbert Esquire returned a Burgess for the Town of Montgomery in the room and place of Rowland Pugh Esquire supposed to be dead but yet known to be in plain life shall be forthwith amoved from their said places and the said James Clerkson Edward Flowerdew Esquire Edward Fitton Esquire William Partridge Esquire Sir Henry Wallop Knight and Rowland Pugh Esq and every of them shall stand and continue for their said several rooms and places notwithstanding any such causes of sickness the Queens Majesties Service or supposed allegation of being dead Vide Januar 19. Januar. 21. antea And it is also further agreed upon and resolved by this House That during the time of sitting of this Court there do not any time any Writ go out for the chusing 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 ancient Jurisdiction and Authority of this House in that behalf accustomed and used Nota. This resolution of the House is no other than had been formerly taken by them in the beginning of this Parliament upon Saturday the 21 th day of January foregoing which also was further ratified and confirmed by the opinion and judgment of Sir Thomas Bromley Knight at this time Lord Chancellor of England M r Doctor Gibbon and M r Doctor Clerk did bring word from the Lords that their Lordships did desire present Conference with ten of this House or more touching the Bill lately passed in this House concerning Iron-Mills Whereupon were appointed M r Comptroller M r Treasurer of the Chamber Sir Thomas Shirley Sir William Moore Sir Thomas Sampoole M r Recorder of London M r Norton M r Cowper M r Aldersey M r Gaymes and M r Leife The Bill against certain deceitful stuff used in the dying of Cloths was sent up to the Lords by M r Comptroller and the said Committees and the provision passed and assented unto and amended according to the request of their Lordships The Bill for maintenance of Mariners and of the Navigation all the Amendments Provisions and Additions being three times read was passed upon the Question Where by a former Order of this House Arthur Hall Esquire was committed Prisoner to the Tower of London there to remain by the space of six Months and so much longer as until himself should willingly make a general revocation or retractation under his hand in writing of certain Errors and slanders contained in a certain Book set forth in print and published in part greatly tending to the slander and reproach of Sir Robert Bell Knight deceased late Speaker of this present Parliament and of sundry other particular Members of this House and also of the Power Antiquity and Authority of this House to the satisfaction of this House or of such Order as this House should take for the same during the continuance of this present Session of Parliament as by the same Order made and set down by this House upon Tuesday being the 14 th day of February foregoing in this present Session of Parliament more at large doth and may appear And where also the said Arthur Hall hath ever since the said Order taken remained in the said Prison of the Tower and yet still doth and hath not at all made any revocation or retractation of the said slanders errors and untruths to the satisfaction of this said House according to the said Order It is now therefore Ordered and resolved by this House That the further allowance of such revocation or retractation to be hereafter made as aforesaid shall be referred unto the Right Honourable Sir Francis Knolles K t one of her Majesties most Honourable Privy-Council and Treasurer of her Highness most Honourable Houshold Sir James Crofte Knight one other of her Majesties most Honourable Privy-Council and Comptroller of her Majesties said most Honourable Houshold Sir Christopher Hatton Knight one other of her Highness said most Honourable
Chief Baron had not committed any contempt against this Right Honourable Court And further Ordered 13 o die Decembris that the appearance of the same James Diggs by rendring himself into the Exchequer was and should be a sufficient discharge of his Sureties and their Bonds and that the Bonds shall be redelivered Provided nevertheless that for as much as the said James Diggs was not Arrested in Execution at the Suit of Richard Howe but was committed after Judgment by the Barons of the Exchequer upon a Reddit se for discharge of his Sureties It is therefore further Ordered by the said Lords that touching the sum of money recovered by the said Howe against the said James Diggs the said Howe and James Diggs shall stand to such Order as the Lord Chief Baron and other of the Barons of the Exchequer shall set down for the same Vide more afterwards concerning this matter upon Monday the 14 th and on Tuesday the 15 th day of this instant December following On Thursday the third day of December to which day the Parliament had been on Tuesday last continued the Bill for fit and convenient places for landing and shipping of Merchandize was read secunda vice and then committed to the Lord Treasurer and others and to the two Senior Barons of the Exchequer Nota That here two Judges who are but Assistants unto the Upper House are made joint Committees with the Lords On Friday the 4 th day of December Two Bills were sent up to the Lords from the House of Commons of which the first being an Act for the maintenance of Navigation was read prima vice and the second touching the Clothiers of Essex was read prima secunda vice and then committed On Saturday the 5 th day of December Three Bills of no great moment had each of them one reading of which the second being the Bill for the Inning of Erith and Plumsted Marsh was read secunda vice and committed unto three Earls one Bishop and five Barons which Committees did appoint to hear amongst themselves as well the Parties Owners as Inners touching the same Bill The Bill also concerning the Essex Clothiers which had been sent up yesterday to the Lords from the House of Commons was this day upon the third reading and conclusion thereof sent back again thither On Monday the 7 th day of December to which day the Parliament had been last continued two Bills had each of them one reading the first for maintenance of Navigation and the second for increase of Mariners Two Bills also were sent up to the Lords from the House of Commons the one touching the Essex Clothiers the other for the better and more reverent observing of the Sabbath day Nota That this Bill concerning the Sabbath day was long in passing the two Houses being committed and amendments upon amendments added unto it as Vide afterwards on Tuesday the 8 th day on Monday the 14 th day and on Saturday the 19 th day of this instant December ensuing as also on Wednesday the third day and on Saturday the 6 th day of March following Vide etiam on Wednesday the 9 th day of this instant December foregoing Whereas the Lord Viscount Bindon moved the Lords for the priviledge of the House for Robert Finnies alledging that he was his Servant the Lords gave Commandment to the Gentleman-Usher to go to the Counter in Woodstreet where the said Robert Finnies then lay upon an Execution and to bring him and the Parties that Arrested him before them And this day the said Lords after the hearing of the Cause thought it not convenient that the said Robert Finnies should enjoy the priviledge of this House as well because he claimed not the priviledge when he was first Arrested nor in the Counter when he was charged with the Execution as also for that he was not a menial Servant nor yet ordinary Attendant upon the said Viscount And further Ordered that the Officers of the Sheriffs of London should take again in Execution the said Finnies and convey him to the place from whence he came and that the bringing of the said Finnies before the said Lords at their Commandment should not be in any wise prejudicial to the Sheriffs or their Officers On Tuesday the 8 th day of December the Bill for the better and more reverent observing of the Sabbath day was read prima vice Vide concerning this Bill on Monday the 7 th day of this instant December foregoing On Wednesday the 9 th day of December Five Bills had each of them one reading of which the first being the Bill for the increase of Mariners was read the second time and thereupon committed And the second of the said Bills being for the better and more reverent observing of the Sabbath day was read the second time and committed to the Archbishop of Canterbury the Lord Treasurer the Lord Steward the Earl of Kent the Earl of Darby the Earl of Sussex the Earl of Bedford Viscount Mountague the Bishop of London the Bishop of Winchester the Bishop of Salisbury the Bishop of Chester the Lord Chamberlain the Lord Zouch the Lord Willoughby the Lord Grey the Lord North the Lord Norris the Lord Chief Baron and Justice Windham Nota That here two Judges being here meer Assistants of the Upper House were made joint Committees with the Lords whereas of later times they are always Commanded to attend the Lords Committees of which also there was another Precedent this Morning The Bill to provide remedy against fraudulent means used to defeat Wardships Liveries and primier seisin was read secunda vice and committed to the Lord Treasurer being Master of the Wards to two Earls Viscount Mountague two Bishops five Barons the two Chief Justices and the Queens Attorney The continuance or Adjournment of the Parliament this day is not at all Entred in the Original Journal-Book which seemeth to have happened through the Clerks negligence On Thursday the 10 th day of December Three Bills of no great moment had each of them their first reading of which the first was concerning Sir Thomas Lucy Knight and others On Saturday the 12 th day of December to which day the Parliament had been on Thursday last continued Five Bills of no great moment had each of them one reading of which the last being the Bill to provide remedy against fraudulent Conveyances and another concerning certain assurances of Sir Thomas Lucy and others were after the third reading sent down unto the House of Commons A Bill lastly being for the assurance of certain Lands unto George Chewne Esquire and others in Fee-simple was sent up to the Lords from the House of Commons On Monday the 14 th day of December to which day the Parliament had been on Saturday last continued the Bill for the better and more reverent observing of the Sabbath day with certain amendments was read tertiâ vice and with another bill of no great moment was sent down to the
horâ consuetâ On Monday the 15 th day of February to which day the Parliament had been last continued on Thursday foregoing four Bills of no great moment had each of them their first reading of which the first was a Bill for returning of Justices Jurors and for expedition of Trials The Lords Ordered that Edward Fisher and Katherine his Wife should personally appear before them on Wednesday next the 17 th day of this instant February for the better satisfying of their Lordships of their consent to the passing of a Bill Entituled An Act for the assurance of certain Lands unto George Chewne Giles Flood Christopher Puckering and their Heirs Vide concerning this matter on Wednesday the 17 th day of this instant February ensuing The Lords also Ordered that the Master of the Rolls the Lord Chief Baron Justice Gawdy and Baron Shute should have the hearing of the matter of the Writ of Error between Akrode c. and M r Whawley On Tuesday the 16 th day of February Four Bills of no great moment had each of them one reading of which the first being the Bill for the continuance of a former Statute Intituled An Act to redress disorders in common Informers upon penal Laws made in the eighteenth year of the Queens Majesties Reign was read tertiâ vice communi omnium Procerum assensu conclusa Six Bills of no great moment had each of them one reading and had been brought to the Lords from the House of Commons of which the first was the Bill against Class-Houses and making of Glass by Aliens born On Wednesday the 17 th day of February Five Bills of no great moment had each of them one reading of which the last save one being the Bill concerning the Lord Dacres and the Lord Norris was read tertia vice conclusa and sent to the House of Commons by Serjeant Rodes and the Queens Attorney Then the Lord Chancellor continued the Parliament unto two of the Clock in the Afternoon At which time as the Lords had Ordered M r Edward Fisher with his Councel viz. M r Serjeant Walmesley and M r Cowper appeared before them The Lords having heard the consent of the said Edward Fisher to the passing of the Bill Intituled Au Act for the assurance of certain Lands unto George Chewne c. and their Heirs committed again the said Edward Fisher to the Custody of the Warden of the Fleet and further Ordered that the bringing of the said Edward Fisher before their Lordships at their Commandment should not in any wise be prejudicial to the said Warden The said Edward Fisher and his Councel made two Petitions to the Lords the one that the Preamble of the Act alledging the cause of the making of the same Act to be for doubtfulness of his ill dealing because he was judged in the Star-Chamber to have made two false and forged Writings to the prejudice of the said Bargains might be amended and that the same might be taken out of the Act and not to remain in perpetual memory of his shame for ever The second that Serjeant Puckering to whose behalf the said Lands were sold having him and his Lands in Execution upon a Statute of eight thousand pound for not performance of the Covenants of the same yet also enjoying the Lands sold would release him the said Execution and take a new Statute in that behalf to which the said Serjeant Puckering whom the cause chiefly concerned being present by the appointment of the Lords answered as to the first request That if to alter or take out of the said Act the said Preamble being parcell of the Bill and matter passed from the House of Commons to this Honourable House in that form should be no hurt or prejudice to the Bill so passed from the Lower House to the Lords he was well content therewith and therein submitted himself to their honourable Lordships And as to the second Request he Answered That whensoever the said Edward Fisher shall have cleared and discharged the said Lands and Tenements by him bargained and sold as aforesaid of and from all Statutes Staple and Recognizances charges and incumbrances liable or chargeable upon the same then he having a new like Recognizance in nature of a Statute Staple made unto him by the said Edward Fisher of the sum of eight thousand pound for performance of Covenants mentioned in the said Indenture of Bargain and Sale from thenceforth to be performed unto which Recognizance all the Lands and Tenements of the said Edward Fisher which shall not be sold for the payment of his Debts shall be liable and chargeable and that there were no former Statutes and Recognizances knowledged by the said Edward Fisher to the prejudice of the same he was contented then after that done to discharge the said new Execution having and takeing a new Recognizance in form aforesaid Vide concerning this matter on Monday the 15 th day of this instant February foregoing On Thursday the 18 th day of February Nine Bills of no great moment had each of them one reading of which the two first were upon the third reading concluded and sent down to the House of Commons by Serjeant Rolls and D r Carey the one being the Bill to explain the Statute concerning Tellors and Receivors c. made An. 13 Reginae Eliz. and the other being for the better relief of the Hospital of Eastbridge within the City of Canterbury Nota That the Original Journal-Book of the House of Commons sets down a third Bill assented unto and concluded at this time The last of the said Bills touching divers Assurances made by the Bishop and Dean and Chapter of Exeter was read secunda vice commissa Archiepiscopo Eboracen Comiti Sussex Episcopo Exon. Domino Stourton Domino Buckhurst On Saturday the 20 th day of February to which day the Parliament had been on Thursday last continued a Proviso added by the House of Commons to the Bill concerning certain assurances of Sir Thomas Lucy and others was read and concluded The Bill also to make a Fine levied by Peter Heam and Johan his Wife and Tredolias Leza and his Wife during the Minority of the said Johan and Anne to be void against the said Anne was read secundâ vice The Lords appointed Monday next in the Afternoon for the hearing of the Cause and have given Order that the Parties shall have warning to be then there with their Councel by two of the Clock in the Afternoon Five other Bills also of no great moment had each of them one reading of which the fourth being the Bill for the well-ordering and governing of the Savoy was read the third time and sent to the House of Commons On Monday the 22 th day of February to which day the Parliament had been last continued on Saturday foregoing Five Bills of no great moment had each of them one reading of which the first being the Bill for preservation of Grain and Game with
John Puckering Serjeant at Law their Speaker who being placed at the Rail or Bar at the lower end of the said Upper House did according to the usual form humbly crave her Majesties most Royal Assent to such good Laws as had passed the two Houses Whereupon her Majesty having by her Assent given Life to thirty publick Acts and nineteen private the Parliament was Prorogued unto the 20 th day of May next ensuing and at last after five other Prorogations it was Dissolved upon Wednesday the 15 th day of September Anno 28 Regin Eliz. Anno Domini 1586. THE JOURNAL OF THE House of LORDS An Exact and perfect Journal of the Passages of the Upper House in the Parliament holden at Westminster Anno 28 Reginae Eliz. Anno Domini 1586. which began there on Saturday the 29 th Day of October after two Several Prorogations thereof and then and there continued until it was at length Dissolved on Thursday the 23 th Day of March Anno 29 Reginae ejusdem THE Journal of this Parliament both in respect of the greatness of the matter handled in it being the business of Mary Queen of Scots as also of the many rare Precedents which happened in the Carriage of it the Queens Person being represented and the Lord Chancellors place supplied by others with the Adjournment and re-assembling again of the same somewhat extraordinary is and ought to be esteemed most worthy of observation And it is most plain that this Parliament was at the first beyond the Queens own expectation summoned and afterwards Assembled upon no other cause or ground than the timely and strange discovery of that bloody and merciless Treason Plotted by Babington and others for the violent cutting off her Majesties life of which Mary Queen of Scots had been first by a most Just and Honourable Tryal fully Convicted and afterwards Judicially pronounced to have been in a high nature guilty But yet her Majesty not satisfied with her so just a Tryal and Attainder assembled the Parliament on purpose that so all those former proceedings how just so ever might be further Committed and referred to the impartial examination and final Judgment of the whole Realm And that this great Council of the Kingdom was merely called together at this time about this business is most plain because the last Prorogation of ths former Parliament holden in Anno 27 Regin Eliz. Anno Dom. 1584. was from the 26 th day of April Anno 28 Regin Eliz. Anno Dom. 1586. unto the 14 th day of November then next ensuing But long before the said day the former Conspiracy being discovered about the latter end of July in Anno eodem the former Parliament was dissolved on Wednesday the fourteenth day of September following in the 28 th year of her Majesty And this new one Assembled on Saturday the 29 th day of October immediately after ensuing At which time the Queen came not to the Upper House in Person but was represented by three Commissioners not as her Majesty afterward professed because she feared the Violence of any Assassinte but because she abhorred to be an hearer of so foul and unnatural a conspiracy plotted against her by the Scottish Queen a Kinswoman so near to her Highness Yet by this means her absence doubtless drew on the greater safety and her Loving and Loyal Subjects did the more clearly perceive in how great and unavoidable danger she stood as long as that Queen lived and were therefore doubtless stirred up to consult in this so important a Cause with the greater Zeal and earnestness for the preservation of Religion the Security of her Majesties Life and the safety of these Realms Which matters the Lords of the Upper House did so seriously intend as that in this first meeting in this present Parliament which lasted from the foresaid 29 th day of October being Saturday unto the second day of December next following being Friday it appeareth not in the Original Journal-Book of the Upper House that any one Bill publick or private was read or so much as once treated of This Parliament was summoned to have begun on Saturday the 15 th day of October Anno 28 Regin Eliz. at which said day her Highness for great and weighty causes and Considerations her thereunto especially moving did prolong and adjourn the said Parliament unto Thursday being the 27 th day of the said Month of October by vertue of a Writ under the Great Seal dated the eighth day of this present October whereupon on the said 15 th day of October the Archbishop of Canterbury with divers other Lords and Councellors repaired to the Parliament Chamber commonly called the Upper House and there in presence of divers Lords Spiritual and Temporal the Knights Citizens and Burgesses summoned to the same Parliament did declare her Highnesses pleasure to Prorogue the same Parliament from this first summoned day until the 27 th of the said Month and thereupon the Writ for the said Prorogation was publickly read by the Clerk of the Upper House Upon the said 27 th day of October Sir Thomas Bromley Knight Lord Chancellor of England and divers Lords with a good number of the House of Commons met again in the Parliament Chamber and did again Prorogue this present Parliament after the usual and accustomed form unto the Saturday next following being the 29 th day of this present October On which said 29 th day of October the Parliament held accordingly and the Lords in the Afternoon repaired to the Upper House and there placed themselves according to their several Degrees Upon which the Knights Citizens and Burgesses having notice that the Lords expected their presence repaired to the said House and being let in as many as could conveniently Sir Thomas Bromley the Lord Chancellor declared unto the whole Assembly that her Majesty was so hindred by great and urgent occasions as she could not be present yet had notwithstanding given full Authority to Three Members of the Upper House in her Majesties name and stead to begin the said Parliament Whose names are entred in the Original Journal-Book of this Parliament in manner and form following Regina representata per Commissionarios viz. Archiepiscopum Cantuariensem Dominum Burleigh Thesaurarium Comitem Darbiae Magnum Seneschallum All the Lords then present were these following Archiepiscopus Cantuarien Thomas Bromley Miles Dominus Cancellarius Archiepiscopus Eboracen Dominus Burleigh Dominus Thesaurarius Angliae Comites Comes Oxon Magnus Camerarius Comes Kantiae Comes Darbiae Magnus Seneschallus Comes Wigorn. Comes Rutland Comes Cumberland Comes Sussex Comes Pembrook Comes Hartford Comes Lincoln Vicecomes Mountague Episcopi Episcopus London Episcopus Dunelmen Episcopus Winton Episcopus Bathon Wellen. Episcopus Sarisburien Episcopus Roffen Episcopus Exon. Episcopus Cestren Barones Dominus Howard Admirallus Dominus Aburgavenny Dominus Zouch Dominus Barkley Dominus Morley Dominus Dacres Dominus Cobham Dominus Stafford Dominus Grey de Wilton Dominus Lumley Dominus
Stourton Dominus Darcie Dominus Sandes Dominus Windsor Dominus Wentworth Dominus Borough Dominus Cromwell Dominus Evers Dominus Rich. Dominus Willoughby de Parham Dominus Darcie de Chiche Dominus Shandois Dominus S t John Dominus Buckhurst Dominus Delaware Dominus Compton Dominus Cheney Dominus Norris The Lords being all set in this Order in their Parliament-Robes and the Judges placed with other Attendants and Assistants of the Upper House being also before the said Lords Commissioners had taken their places on the right side of the Chair of State the Lord Chancellor shewed forth the Queens Majesties Letters Patents by which She committed full Power to the Archbishop of Canterbury the Lord Burleigh Lord Treasurer of England and the Earl of Darby to supply her place in the said Parliament which were as followeth viz. Hodie cùm omnes Proceres Robis Parliamentaribus induti in suo Loco quisque sederent Milites Cives Burgenses qui ad hoc praesens Parliamentum summoniti fuerunt praesso essent jam universt tam Proceres quà m Communes Reginae adventum expectarent Thomas Bromley Miles Dominus Cancellarius exponit omnibus Regiam Majestatem maximis urgentissimis causis adeò esse impeditam ut non queat impraesentiarum commodè interesse ut decreverat Nihilominus inquit sua Majestas Literis suis Patentibus plenam potestatem commisit Reverendissimo in Christo Patri Johanni Cantuar. Archiepiscopo totius Angliae Primati Metropolitano ac praedilecto fideli suo Willielmo Domino de Burleigh Domino Thesaurario Angliae ac charissimo Consanguineo suo Henrico Comiti Darbiae ad facienda nomine suo omnia singula quae in dicto Parliamento gerenda essent ut per easdem Liter as Patentes 〈◊〉 apparet quas hiis dictis Dominus Cancellarius Clerico Parliamentar publicè legendas tradidit Earum autem tenor sequitur in haec verba ELizabetha Dei graetiâ Angliae Franciae Hiberniae Regina fidei Defensor c. Omnibus ad quos praesentes Literae pervenerint Salutem Sciatis quòd cùm de advisamento Concilii nostri pro quibusdam arduis urgentibus negotiis nos statum defensionem Regni nostri Angliae ae Ecclesiae Anglicanae concernen quoddam Parliamentum nostrum apud Civitatem nostram Westmonaster 29 o die instant mensis Octobris teneri ordinavimus quia verò propter certas causas ad Parliamentum praedictum non potuerimus interesse nos de circumspectione sideliate industria Reverendissimi in Christo Patris Johannis Cantuar. Archiepiscopi totius Angliae Primat Metropolitan ac praedilecti fidelis nostri Willielmi Domini de Burleigh Domini Thesaurarii Angliae ac charissimi Consanguinei nostri Henrici Comitis Darbiae plenam fiduciam reportand eisdem Archiepiscopo Willielmo Domino de Burleigh Henrico Comiti Darbiae duobus eorum ad Parliamentum praedictum nomine meo inchoand tenend negotiáque praedict exponend declarand ac exponi declarari faciend necnon in negotiis illis Parliamento praedicto ac omnibus sin gulis in eo procedend ad faciend omnia singula quae pro nobis per nos pro bono regimine gubernatione praedicti Regni nostri Angliae ac aliorum Dominiorum nostrorum eidem Regno nostro pertinen ibid. fuerint faciend necnon ad Parliamentum illud si necesse fuerit continuand adjournand prorogand de assensu Concilii nostri praedicti plenam tenore praesentium committimus prtestatem Dante 's ulteriùs de assensu ejusdem Concilii nostri tam universis singulis Archiepiscopis Episcopis Comitibus Vicecomitibus Baronibus Militibus quà m omnibus aliis quorum interest ad Parliamentum nostrum praedictum conventur similit tenore praesentium firmiter in Mandatis Quòd eisdem Archiepiscopo Willielmo Domino Burleigh Henrico Comiti Darbiae duobus eorum intendant in praemissis in fornia praedicta In cujus rei testimonium has Literas nostras sieri fecimus Patentes Teste meipsa apud Westmonasterium vicesimo octavo die Octobris Anno Regni nostri vicesimo octavo Per ipsam Reginam c. The Letters Patents foregoing being read the said three Lords Commissioners leaving their own places went to a Seat prepared for them on the right side of the Chair of State beneath the steps Then the said Lord Chancellor going first to the said Lords and conferring a while with them went to his accustomed place and there made intimation of the Cause of this present Summons of Parliament which as he said were no usual Causes not for making of Laws whereof her Majesty thought there were more made than were duly executed nor for Fifteenths and Subsidies although there were some cause yet her Majesty would not charge her loving Subjects so far at this time But that the cause was rare and extraordinary of great weight great peril and dangerous consequence Then he declared what dangerous practices had been contrived of late and how miraculously the Providence of God had by discovery thereof beyond all humane Policy preserved her Majesty the destruction of whose Sacred Person was most traiterously compassed and imagined Here he shewed what misery the loss of so Noble a Queen would have brought to all Estates and said That although some of them had suffered according to their demerits yet one remained that by due course of Law had received her Sentence which was the chief cause of this Assembly and wherein her Majesty required their faithful advice and therefore said he you may orderly proceed therein And you of the House of Commons are to make present choice of some one amongst you to be your Speaker and to present him unto the Lords Lieutenants as soon as conveniently you may Assoon as the Lord Chancellor had ended his Speech the Clerk of the Parliament stood up and read the Names of the Receivors and Tryors of Petitions in French which were as followeth Receivors of Petitions for England Ireland France and Scotland Sir Christopher Wray Knight Lord Chief Justice Sir Gilbert Gerrard Knight Master of the Rolls Sir Thomas Gawdy Knight one of the Justices of ..... Doctor Awberry and Doctor Ford. Receivors of Petitions for Gascoigne and other Lands and Countries beyond the Seas and of the Isles Sir Edmund Anderson Knight Lord Chief Justice of the Common Pleas Sir Roger Manwood Knight Lord Chief Baron Francis Windham one of the Justices of ..... Doctor Barkeley and Doctor Cary. Tryors of Petitions for England Ireland Wales and Scotland the Archbishop of Canterbury the Earl of Darby Lord High Steward of England the Earl of Rutland the Earl of Essex the Bishop of London the Bishop of Winchester the Bishop of Salisbury the Lord Howard of Essingham Lord High Admiral of England the Lord Cobham the Lord Grey of Wilton Tryors of Petitions for Gascoigne and other Lands and Countries beyond the Seas and of the Isles the Archbishop of York the Earl
said several Acts and Ordinances by you our said Subjects the Lords and Commons in this our present Parliament Assembled be fully agreed and consented unto and seem very necessary and profitable for the Commonwealth which nevertheless be not of any force or effect in the Law without our Royal Assent given and put to the same Acts and Ordinances and every of them And forasmuch as for divers great and urgent Causes and Considerations We cannot conveniently at this present be personally in our Royal Person in our Higher House of Parliament being the place accustomed to give our Royal Assent unto such Acts and Ordinances as have been agreed upon by our said Subjects the Lords and Commons We have therefore caused these our Letters Patents to have been made and have signed and caused the same to be Sealed accordingly And by the same do declare and notify as well to you the Lords Spiritual and Temporal and the Commons aforesaid as to all and singular other our loving Subjects That we by these Presents do give put our Royal Assent to all and singular the said Acts and Ordinances and to all Articles Clauses and Provisions in them contained and be fully agreed and consented to all and every the said Acts willing that the said Acts and every Article Clause sentence and provision in them contained from henceforth shall be of the same strength force and effect as if we had been personally present in the said Higher House and had openly and publickly in the presence of you all assented to the same Commanding also by these Presents as well our Chancellor of England to seal these our Letters Patents with our great Seal as our Trusty and well-beloved Sir Edmund Anderson Knight our Chief Justice of our Common Pleas to declare and notify this our Royal Assent in our absence in the said Higher House in the presence of you the said Lords Spiritual and Temporal and the Commons of our Parliament 〈◊〉 to be assembled for that purpose and the Clerk of our Parliament to Indorse the said Acts with such Terms and Words in our Name as is requisite and hath been accustomed for the same And also to Inrol these our Letters in the said Parliament Roll and these our Letters Patents shall be to every of them sufficient Warrant in that behalf And finally declare and will that after this our Royal Assent given and passed by these Presents and declared and notified as is aforesaid That then immediately the said Acts and every of them shall be taken accepted and admitted good sufficient and perfect Laws to all intents Constructions and purposes and to be put in due Execution accordingly the Continuance or Dissolution of this our Parliament or any other Use Custom thing or things to the contrary thereof notwithstanding In Witness whereof We have caused those our Letters to be made Patents Witness our self at Westminster the 23 th day of March in the 29 th year of our Reign Per ipsam Reginam Nota That the Clerk of the Parliament having read the said Letters Patents before set down Sir Edmund Anderson Knight Lord Chief Justice of the Common Pleas still supplying the place of Sir Thomas Bromley Knight Lord Chancellor delivered other Letters Patents unto the said Clerk openly to be read whereby eight several Commissioners were nominated and authorized to dissolve the Parliament viz. The Archbishop of Canterbury the Archbishop of York the Earl of Shrewsbury Earl Marshal of England the Earl of Darby Lord Steward the Earl of Kent the Earl of Leicester Master of her Majesties Horse the Lord Howard Lord Admiral of England Lord Hunsdon Lord Chamberlain and the Lord Cobham Lord Warden of the Cinque-Ports For doubtless unless a new Commission had come forth by which these before-named Honourable Personages had been de novo nominated to this purpose the three Commissioners at first appointed in the beginning of this Parliament which see at large upon Saturday the 29 th day of October foregoing might without any other new authority though not have Dissolved the Parliament yet have Prorogued it to a further day as they had formerly Adjourned it upon Friday the second day of December foregoing unto Wednesday the 15 th day of February next ensuing which was for ten weeks space at the least but that former Authority being now at an end by these new Letters Patents the manner of their delivery the removal of the new Commissioners in them nominated and the Commission lastly it self are thus verbatim set down in the Original Journal-Book of the Upper House Postquam verò Clericus Parliament has Literas palà m perlegisset Edmundus Anderson Miles alias etiam Literas Patentes eidem Clerico Parliamenti publicè legendas tradidit atque hîc notandum est omnes Dominos Commissionarios in Literis patentibus nominatos locis suis relictis in medio banco consedisse dum diclae Literae legerentur Earum autem tenor hic sequitur ELizabetha Dei gratiâ Angliae Franciae Hiberniae Regina fidei Defensor c. Reverendissimo in Christo Patri ac Consiliario suo Johanni Cantuarien Archiepiscopo totius Angliae Primati Metropolitano ac Reverendissimo in Christo Patri Edwino Archiepiscopo Eboracen Angliae Primati Metropolitano ac etiam chavissimis Consanguineis Consiliariis suis Georgio Comiti Salop Comiti Marescallo Angliae Henrico Comiti Darbiae magno Seneschallo necnon charissimo Consanguineo Consiliario suo Henrico Comiti Kantiae ac charissimo Consanguineo Consiliario suo Roberto Comiti Leicestr Magistro Equorum suorum ac etiam praedilectis fidelibus Consiliariis suis Carolo Domino Howard magno Admirallo suo Angliae Henrico Domino de Hunsdon Domino Carmerario suo Willielmo Domino Cohham Domino Gardiano quinque Portuum suorum Salutem Cùm nuper pro quibusdam arduis urgentibus negotiis nos statum desensionem Regni nostri Angliae ac Ecclesiae Anglicanae concern praesens hoc Parliamentum nostrum apud Civitatem nostram Westmonasterii decimo quinto die Octobris ultimo praeterito inchoari teneri ordinaverimus in à quo dic idem Parliamentum nostrum usque ad in vicesimum septimum ejusdem mensis Octobris prorogat fuerat eodémque die idem Parliamentum nostrum usque ad in vicesimum nonum diem dicti mensis Octobris prorogat ' fuerat ac ibid ' tunc tent ' continuat ' fuerat usque ad in secundum diem Decembris tunc proximum sequentem Eódémque die idem Parliamentum nostrum usque ad in decimum quintum diem Februarii tunc prox ' sequent ' adjournat ' fuit Eodémque die idem Parliamentum nostrum tunc ibidem tent ' continuat ' fuerat usque ad in vicesimum tertium diem instantis mensis Martii Sciatis tamen certis urgentibus causis considerationibus nos specialiter moven ' idem Parliamentum nostrum hoc instante vicesimo
said Motion or any other tending to the safety of her Majesties Person may be very well delivered and remembred to the Committees in the great Cause by any member of the House M r Dennis Hollis offereth a Bill to this House in the behalf of the Curriers of London Whereupon M r Speaker put the House in remembrance of her Majesties pleasure before signified unto this house to forbear the making of new Laws and to spend the time in the great Causes for which this Parliament was specially summoned yet because in the mean time of dealing in the said great Cause in Committee or otherwise there should be nothing to occupy the House withal it is thought good at such times to have some Bills read in the House reserving always due regard and place to the said great Cause And thereupon the said Bill was read accordingly The Bill touching the Curriers was read the first time The Bill also for limitation of time touching Writs of Error growing by fraud had its first reading M r Chadley one of the Knights returned for the County of Devon offereth a Bill to this House touching Cloth-making within the said County out of Cities Market Towns and Corporate Towns Whereupon the said Bill was then read accordingly The Bill touching Clothiers in the County of Devon had its first reading Edmund Moore of Shoreditch in the County of Middlesex Tallow-chandler and John Turner of the same Butcher being both of them in the Serjeants Custody for presuming to come into this House sitting the House and being no Members of the same it is upon opinion that they did it of ignorance and meer simplicity and not of any pretended purpose and also upon their humble submission of themselves unto this House and like humble request and Petition of Pardon for the same Agreed by this House that they shall be discharged and set at Liberty taking first the Oath of Supremacy openly in this House which they so then did and afterward departed On Munday the 7 th day of November The Bill touching Fines and Recoveries levied before the Justices of the Common Pleas whereunto any of the said Justices are parties was read the first time Sir William Herbert being returned into this House Knight for the County of Monmouth offereth a Bill into this House for the relief of certain Orphans within the said County of Monmouth and prayeth that the same Bill may be read which was so then read accordingly The Bill for relief of certain Orphans in the County of Monmouth had its first reading M r Bulkely offereth a Bill unto this House touching Clothes made in this Realm to be shipped and transported over the Seas and prayeth the same may be read which was thereupon so done accordingly The Bill touching Clothes made to be transported over the Seas had its first reading Sir Robert Jermin likewise offereth another Bill touching Clothiers and Cloth-making in the Counties of Suffolk and Essex and prayeth the reading thereof which in no wise he would have moved if the House should have been any ways occupied in the great Cause the speedy course and proceeding whereof he most earnestly desireth and prayeth The Bill touching Clothiers and Clothes made in the Counties of Suffolk and Essex was read the first time M r Vice-Chamberlain shewed that the Committees in the great Cause did meet according to the Commission therein of this House unto them and that then also they did appoint another Meeting therein to be this Afternoon and shewed withal That some of the Committees of this House being of the Privy Council do understand that the Lords will not in this great and weighty Cause any way deal or meddle amongst themselves nor in any other matter besides until they shall have first heard therein from this House for Conference to be prayed with them by this House and therefore moved That now whilst their Lordships do yet sit the Privy Council with some few others of this House be presently sent to their Lordships to move for Conference and to know their Lordships pleasure for the time and place of Meeting Whereupon for that purpose it was ordered That all the Privy Council being of this House Sir Henry Gate M r Sollicitor and Sir William Moore should presently repair to their Lordships to the higher House who did so accordingly It should seem that in the mean time after the going up of M r Treasurer and the rest and before their return from the Lords these matters following were handled viz. The Bill touching Orford-Haven was read the second time and thereupon committed unto Sir Robert Jermin Sir John Higham Sir Henry Cobham M r Cromwell M r Layer and all others that were Committees in the same Cause the last Parliament to meet to morrow in the Afternoon in the Middle Temple Hall at three of the Clock After sundry Speeches to the Bill touching Inrollments upon the second reading thereof and being then reserved to convenient time and this present time falling out to be convenient for that purpose it is upon the question both for the committing and ingrossing quite dashed and rejected The Bill touching Curriers had its second reading M r Treasurer and the residue of the Committees being returned from the Lords as it should seem much about the time that the House had finished the disputing and reading of the foresaid Bills he shewed that he and the residue have according to the Appointment of this House moved the Lords for Conference touching the said great Cause which their Lordships did very well like of and have appointed that the former Committees of this House in the said Cause do meet this Afternoon in the Parliament-Chamber with such Committee of their Lordships as their Lordships for that purpose do appoint which he saith he thinketh to be twenty or thereabouts And so thereupon were the Names of the said Committees of this House read and they required to give their Attendances therein at the said time and place accordingly On Tuesday the 8 th day of November M r Doctor Turner shewed unto this House That he is fully perswaded that her Majesties safety cannot be sufficiently provided for by the speedy cutting off of the Queen of Scots unless some good means withal be had for the rooting out of Papistry either by making of some good new Laws for that purpose or else by the good and due Execution of the Laws already in force which as he greatly wisheth and referreth to the grave consideration of this House so concluding in his own Conscience that no Papist can be a good Subject he did offer a Bill to this House containing as he thinketh some convenient form of matter tending to the effect of his Motion and prayeth the same may be read Whereupon M r Speaker finding the Title of the said Bill to purport the Safety of her Majesties Person putteth the House in remembrance that by their own appointment and direction that matter was referred to certain Committees
day of November in the first meeting of this present Parliament on the behalf of the Borough of Grantham in the Country of Lincoln against Arthur Hall Gentleman that the said Arthur Hall had Commenced Suits against them for Wages by him demanded of the said Borough as one of the Burgesses of the Parliament in the Sessions of Parliament holden the thirteenth fourteenth eighteenth and twenty third years of the Reign of our Soveraign Lady the Queens Majesty wherein it was alledged that the said Borough ought not to be charged as well in respect of the negligent attendance of the said Mr. Hall at the said Sessions of Parliament and some other offences by him committed at some of the said Sessions as also in respect that he had made promise not to require any such Wages the Examination of the said cause on the second day of December in the last Session mistaken for Meeting of this Parliament by Order of this House was committed unto Sir Ralph Sadler Knight Chancellor of the Dutchy Sir Walter Mildmay Knight Chancellor of the Exchequer Thomas Cromwell Robert Markham and Robert Wroth Esquires This day report was made by the said Committees that not having time during the last Session of Parliament mistaken for Meeting to examine the circumstances of the cause they had in the mean Season by their Letters advertised my Lord Chancellor that the said cause was committed unto them and humbly requested his Lordship to stay the issuing forth of any further Process against the said Borough until this Session of Parliament mistaken for Meeting which accordingly his Lordship had very honourably performed And the said Committees did further declare that having during this Session of Parliament mistaken for Meeting sent for Mr. Hall declared unto him the effect of the complaint against him they had desired him to remit the said wages which he had demanded of the said Borough whom they found very conformable to condescend to such their request and that the said Mr. Hall then affirmed unto them that if the said Citizens of the said Borough would have made suit unto him he would upon such their own Suit then remitted the same so was he very willing to do any thing which might be grateful to this House and did freely and frankly remit the same which being well liked of by this House it was by them this day Ordered that the same should be entred accordingly On Thursday the 23 th day of March the Bill for the Queens Majesties most gracious general and free Pardon was sent down from the Lords by Serjeant Gawdie and Doctor Carew which having passed the House was sent back again this Morning unto their Lordships with another Bill which was for the continuance and perfecting of divers Statutes This day finally the Speaker with the rest of the House of Commons being sent for into the Upper House and thereupon repairing thither two Commissions under the Great Seal were read by the first of which her Majesty being absent gave her Royal Assent to ten several Acts or Statutes which passed at this time and by the other this Parliament was dissolved Nota That all this days Passages are supplied out of the Upper House Journal THE JOURNAL OF THE House of LORDS An Exact and perfect Journal of the Passages of the House of Lords in the Parliament holden at Westminster Anno 31 Reginae Eliz. Anno Domini 1588. which began there after one Prorogation of the same on Tuesday the 4 th Day of February and then and there continued until the Dissolution thereof on Saturday the 29 th Day of March Anno Domini 1589. THE Queens Majesty soon after that her wonderful and glorious Victory which God Almighty had given her Navy over that vainly stiled Invincible Armado sent against her Realm of England by the Spanish King summoned this her High Court of Parliament to begin on Tuesday the 12 th day of November that present year 1588. and the 30 th year of her Reign that so by common Advice and Counsel she might prepare and provide against the inbred malice of that Prince and Nation Sir Christopher Hatton Knight her Majesties late Vice-Chamberlain being made Lord Chancellor in the room and stead of Sir Thomas Bromley Knight who having been sick a great part of the last Parliament dyed in April following Anno 29 Regin Eliz. Anno Domini 1587. But other occasions of some importance requiring the deferring of the said Assembly her Majesty Prorogued the same in manner and form following Memorandum That whereas the Queens Majesty by her Writ summoned her Parliament to begin and to be holden at Westminster this present Tuesday being the 12 th day of November her Highness for certain great and weighty Causes and Considerations her Majesty specially moving by the advice of her Privy Council and of her Justices of both her Benches and other of her Council learned did Prorogue and adjourn the said Parliament until the 4 th day of February next by virtue of her Writ Patent sealed with the Great Seal and bearing date the 15 th day of October last past Whereupon at this said 12 th day of November the Archbishop of Canterbury Sir Christopher Hatton Lord Chancellor William Lord Burleigh Lord Treasurer the Earl of Huntingdon the Bishop of London and three other Barons repaired to the Parliament-Chamber commonly called the Upper 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 Highnesses said Writ had Prorogued the said Parliament from this said first summoned day until the 4 th 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 gratiâ Angliae Franciae Hiberniae Regina fidei Defensor c. Praedilectis fidelibus nostris Praelatis Magnatibus Proceribus Regni nostri Angliae ac dilectis fidelibus nostris Militibus Civibus Burgensibus dicti Regni nostri ad praesens Parliamentum nostrum apud Civitatem nostram Westmonasterii 12 die Novembris proximè futuro inchoand ' tenend ' convocatis electis vestrum cuilibet Salutem Cùm nos pro quibusdam ardnis urgentibus negotiis nos statum defensionem dicti Regni nostri Angliae Ecclesiae Anglicanae concernentibus dictum Parliamentum nostrum ad diem locum praedictos teneri ordinaverimus ac vobis per separalia Brevia nostra apud Civitatem diem praedictum interesse mandaverimus ad tractand consentiend concludend ' super hiis quae in dicto Parliamento nostro tunc ibidem proponerentur tractarentur Quibusdam tamen certis de causis considerationibus nos ad hoc specialiter moventibus dictum Parliamentum nostrum nsque ad in quartum diem Februarii prox ' futurum duximus
this Journal of the Upper House save only the return of divers unusual Proxies and a Speech used by her Majesty her self at the conclusion of the Parliament which also is supplied out of a certain Journal of the House of Commons very claborately taken by an Anonymus And Sir Christopher Haton the late Lord Chancellor being dead since the last Parliament whose death was occasioned from the grief he conceived at some harsh Speeches of her Majesty used unto him touching divers great sums due unto her from him Sir John Puckering her Highness Serjeant who had been twice before Speaker or Prolocutor of the House of Commons succeeded him in the full power and priviledges of his place though not in his title he having only the Stile of Lord Keeper of the Great Seal of England The Summons for this Parliament being Returnable upon this Monday the 19 th day of February it held accordingly the Queen coming privately by water accompanied with Sir John Puckering Lord Keeper of the Great Seal and many of the Lords Spiritual and Temporal There being present this day these Peers and others ensuing Archiepiscopus Cantuarien Johannes Puckering Miles Dominus Custos magni Sigilli Dominus Burleigh Dominus Thesaurarius Angliae Marchio Wintoniae Comites Comes Oxon. Magnus Camerarius Angliae Comes Darby Magnus Seneschallus Comes Northumbriae Comes Salopiae Comes Cantiae Comes Wigorn. Comes Cumberland Comes Sussex Comes Huntingdon Comes Bathon Comes Pembroke Comes Hartford Comes Essex Comes Lincoln Vice-Comes Bindon Episcopi Episcopus London Episcopus Dunelmen Episcopus Assaphen Episcopus Cestren Episcopus Covent ' Lich. Episcopus Lincoln Episcopus Petriburgen Episcopus Hertf. Episcopus Cicestren Episcopus Bangor Episcopus Wigorn. Episcopus Landaven Episcopus Salopiae Episcopus Bathon Wellen. Barones Dominus Howard mag Maresc ' Adm. Angliae Dominus Hunsdon Camerarius Reginae Dominus Strange Dominus Morley Dominus Stafford Dominus Grey Dominus Scroope Dominus Montjoy Dominus Sandes Dominus Windsor Dominus Cromwell Dominus Wharton Dominus Rich. Dominus Willoughby Dominus Sheffield Dominus North. Dominus Shandois Dominus St. John Dominus Buckhurst Dominus De la Ware Dominus Crompton Dominus Norris And the Queen and the Lords Spiritual and Temporal having on their Parliamentary Robes and having seated themselves in their several places The Knights Citizens and Burgesses of the House of Commons had notice thereof and repaired to the Upper House Where contrary to the Ancient use and Custome they found the door shut upon them which happened by reason that divers of the House and others having gotten in privately before and filled up the place at the Bar or Rayl at the lower end of the said House Sir John Puckering Lord Keeper of the Great Seal by Commandment from her Majesty had already made some enterance into his Speech before the said Knights Citizens and Burgesses had any Notice of it who sate in their own House expecting to be called up to the said Upper House upon her Majesties coming But the door at length being opened by her Majesties Commandment about two of the Clock in the Afternoon as many as conveniently could were let in Where the Lord Keepers Speech was directly in these words following or not much differing from them He shewed in the first place as matter of Preface and Ornament not much material somewhat touching the Antiquity Nature and use of Parliaments Then he came to set forth as the principal matter which her Majesty did desire to have made known and manifest to all her loving Subjects the great Malice of the King of Spain which he had towards this Realm And that he shewed by sundry instances as his last Invasion intended his Forces then addressed out of the Low Countries for that purpose to have been conducted by the Duke of Parma And then he proceeded in the rest of his Oration verbatim or much to the intent and purpose sollowing The high and mighty Ships that then he prepared and sent for that purpose because he found them not fit for our Seas and such a purpose he is building of Ships of a less Bulk after another Fashion some like French Ships some like the Shipping of England and many hath he gotten out of the Low Countries He is now for the better invading of England planting him in Britanie a Country of more facility to offend us than the Low Countries there he hath fortified himself in the most strong Holds of that Country In Scotland he hath of late wrought most of the Nobility to conspire against their King to give Landing to his Forces there and to assist him in his Invasion thither A greater part of the Nobility in Scotland be combined in this Conspiracy and they have received great Sums of Money for their service therein And to assure the King of Spain of their assistance they have Signed and sent their promises sealed to the King This Conspiracy the King of Scots was hardly brought to believe but that her Majesty advertised him thereof having entertained Intelligence thereof as she hath of all things done and intended in those parts And that the King might better advise thereupon her Majesty hath sent one of her Noblemen now into Scotland and the King hath assured her Majesty with all his Ability and endeavour to prevent the Spaniard whose purpose is on the North parts to assault us by Land and on the South side to invade us by Sea which is the most dangerous practice that could be devised against us And now the rage of this Enemy being such his Forces joyned with other Princes his Adherents greater the charge of her Majesty for defence of her Realm both with Forces by Sea and Armies by Land hath been such as hath both spent the Contribution of her Subjects by Subsidies and what otherwise they have offered her and also consumed her Treasure yea caused her to sell part of her Highness's Crown And it is not to be marvelled how all this is consumed but rather to be thought how her Majesty could be able to maintain and defend this her Realm against so many Realms conspired against us Wherefore we her Majesties Subjects must with all dutiful consideration think what is fit for us to do and with all willingness yield part of our own for the defence of others and assistance of her Majesty in such an insupportable Charge Were the cause between Friend and Friend how much would we do for the relief one of another But the Cause is now between our Soveraign and our selves seeing there is so much difference in the Parties how much more forward ought we to be The Aid that formerly hath been granted unto her Majesty in these like Cases is with such slackness performed as that the third of that which hath been granted cometh not to her Majesty A great shew a rich grant and a long summ seemeth to be made but it is hard to be gotten and the summ not great which is paid
that you receive them not until they be viewed and considered by those who it is fitter should consider of such things and can better judge of them To the persons all priviledge is granted with this Caveat That under colour of this priviledge no mans ill doings or not performing of Duties be covered and protected To the last free access is 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 Nota That these several interlocutory Speeches of the Speaker and the Lord Keeper are not found in the Original Journal-Books of the Upper House or the House of Commons but are supplied out of a very Elaborate Journal of the Passages of the said Commons House taken by some Anonymous Member thereof this Parliament and are here inserted as was also the Lord Keepers Speech upon the first day of the same upon the reasons there alledged which see at large set down upon Monday the 19 th day of this instant February foregoing in fine diei Although the usual Custom in the Original Journal-Book of the Upper House is to place all Proxies upon what days soever returnable before the beginning of the Journal it self yet I have conceived it much more methodical to place all such returns in those days upon which they were delivered to the Clerk of the Parliament and always upon that day on which the first Return was to make some short observation of that if it be unusual and extraordinary and so to refer the view of the residue to their proper days On this instant Thursday therefore being the 22 th day of February and the second day on which the Upper House sat was returned only this one unusual Proxy 22 o Die Febr. introductae sunt Literae procuratoriae Johannis Episcopi Carliolen ' in quibus Procuratores suos constituit Johannem Archi-episcopum Cantuarien Johannem Episcopum London Matthaeum Episcopum Dunelmen ' Nota That this is one of those Proxies which I call unusual and extraordinary in respect that this Bishop of Carlisle did make or constitute three several Proctors whereas usually a Spiritual Lord nominateth but two conjunctim divisim and a Temporal Lord but one and that also of their own Order whence it is plain that these Proxies may not unfitly be stiled unusual whereby the Spiritual Lords do appoint Temporal Lords for their Proctors or but one Proctor a piece or more than two or when any Temporal Lord nominateth a Spiritual for his Proctor or constituteth more Proctors than one And therefore it is worth the observation that at this very time of nine Temporal Lords that sent their Proxies this Parliament by her Majesties Licence but one of them nominated two Proctors Which see upon Monday the first day of March ensuing all the rest constituting but one Yet the Proxies of the Spiritual Lords being six in number were all of them unusual and extraordinary which I conceive is not easily to be patterned in any other Parliaments except the first which was sent by Edmond Bishop of Norwich in which he constituted only John Bishop of London and Richard Bishop of Peterburgh his Proctors and returned on Monday the 19 th day of this instant February foregoing although it be there omitted as a thing usual and not worth the setting down at large But the other four extraordinary Proxies sent by so many several Bishops see afterwards according to their several Returns upon Saturday the 24 th day and on Tuesday the 27 th day of this instant February ensuing as also on Wednesday the 7 th day and on Wednesday the 28 th day of March next following Where also it may be noted that John Archbishop of Canterbury had this Parliament five Proxies viz. From John Bishop of Carliste John Archbishop of York Thomas Bishop of Winchester Matthew Bishop of Durham and Thomas Bishop of Chichester all which being extraordinary are at large set down in this present Journal in those several days upon which they were returned so that from this and many other Precedents of former and later Parliaments it is most plain that by the ancient Usages and Customs of the Upper House any Lord Spiritual or Temporal being a Member thereof is capable of as many single or Joint Proxies as shall be sent unto him Dominus Custos magni Sigilli ex mandato Dominae Reginae continuavit praesens Parliamentum usque in diem Sabbati prox ' futur ' On Saturday the 29 th day of February the Bill for restraining and punishing Vagrant and seditious Persons who under feigned pretences of Conscience and Religion corrupt and seduce the Queens Subjects was read primâ vice Eodem die retornatum est breve quo Richardus Wigorn ' Episcopus praesenti Parliamento interesse summonebatur idem Episcopus ad suum praeheminentiae sedendi in Parliament ' locum admissus est salvo cuiquam jure suo This day also was one extraordinary or unusual Proxie returned from a Spiritual Lord who constituted but one Proctor whereas usually no such Lord constituteth fewer than two which said Proxie is thus entred in the Original Journal-Book of this Parliament in the beginning thereof in manner and form following viz. 24. Febr. Introductae sunt Literae procuratoriae Johannis Eboracensis Archi-episcopi in quibus Procuratorem suum constituit Johannem Archi-episcopum Catuarien ' On Monday the 26 th day of February retornatum est breve quo Edwardus Dominus Cromwell praesenti Parliamento summonebatur interesse idem Dominus ad suum praeheminentiae sedendi in Parliamento locum admissus est salvo jure alieno The Writ was returned whereby Gilbert Earl of Shrewsbury was summoned c. The several Writs were also returned whereby George Bishop of Landaff William Lord Crompton and Edward Earl of Worcester were summoned It seemed by the Journal-Book that nothing else was done but the Parliament continued according to the usual form which is entred in the Original Journal-Book of the Upper House in these words following viz. Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in diem Mercurii proximè futurum On Tuesday the 27 th day of February although the Upper House sat not yet was there one unusual and extraordinary Proxie returned from a Spiritual Lord who constituted but one Proctor which said Proxie was privately delivered in unto the Clerk of the said House and is entred by him in the Original Journal-Book of the same House in manner and form following viz. 27. Februarii Introductae sunt Literae procuratoriae Thomae Wintonien ' Episcopi in quibus Procuratorem suum constituit Johannem Archi-episcopum Cantuarien ' On Wednesday the 28 th day of February to which day the Parliament had been last continued two several Writs were returned whereby John Bishop of Bath and Wells and Matthew Bishop of Durham were summoned to come to this present Parliament
intermedling with the Succession of the Crown which she had expresly forbidden Which Passage as also divers other particular Speeches being not found in the Original Journal-Book of the House of Commons are supplied out of another Journal of the same House very exactly and elaborately taken by an Anonymus being a Member of the same at this Parliament but yet with this Caution to avoid confusion that whatsoever is inserted out of the saidAnonymous Journal hath a particular Animadversion annexed unto it for discovery thereof The eighth Parliament of our Soveraign Lady Elizabeth by the Grace of God Queen of England France and Ireland Defender of the Faith begun at Westminster upon Monday being the 19 th day of February in the thirty fifth year of her Majesties Reign And thereupon many of the Knights Citizens Burgesses and Barons returned into the same Parliament then made their Appearances at Westminster before the Right Honourable the Earl of Darby Lord Steward of her Majesties most Honourable Houshold and did take the Oath before the said Lord Steward or his Deputies according to the Statute in that behalf lately made and provided The manner of the administring of the said Oath to the said Knights Citizens and Burgesses was as followeth The said Lord Steward removed into the Court of Requests and having called over the said Knights and others that were returned by their names M r Vice-Chamberlain and others of her Majesties Privy-Council took the said Oath before his Honour and then having appointed them his Deputies to swear the residue of the House of Commons who had then appeared according to their several returns he departed And thereupon his Lordships said Deputies proceeded to the further administrating of the aforesaid Oath to other Members of the said House who after they had taken the same entred into it and placed themselves The Fee for entring the name into the Serjeants Book is two shillings The reward to the Door-Keeper three shillings eight pence The Fee for returning the Indenture two shillings About two of the Clock in the Afternoon this present Monday her Highness with divers of the Lords Spiritual and Temporal and such others as had place there being let into the Upper House and the Knights Citizens and Burgesses of the House of Commons as many as conveniently could being at length let in The Right Honourable Sir John Puckering Knight Lord Keeper of the Great Seal of England declared the said Parliament to be called by her Highness only for Consultation and Preparation of Aid to be had and made against the mighty and great Forces of the King of Spain bent and intended against this Realm as well by some practices attempted by him in the Realm of France and with some of the Nobility of Scotland as by many other ways and means to that end and purpose And did in the end advise the said Commons to employ the time of this present Session of Parliament in the aforesaid Consultation and not to go about the making of any new Laws for the Common-Wealth at this time as well for that there are very many good Laws already in force more he said than are well executed as for that also such new Laws if they be needful may be treated of and dealt in at some other time hereafter And so willed them to repair to their accustomed place and make Choice of their Speaker Which done the said Parliament was Adjourned until Thursday next following After which the said Knights Citizens and Burgesses of the House of Commons being Assembled in the same House the Right Honourable Sir Francis Knowles Knight one of her Majesties most Honourable Privy-Council and Treasurer of her Highness most Honourable Houshold stood up and putting the House in remembrance of the said Charge of the said Lord Keeper given unto them for chusing of their Speaker and very gravely and amply setting out sundry the good parts and commendable qualities and abilities of the Right Worshipful M r Edward Cooke Esquire Learned in the Laws of this Realm Sollicitor General to her Majesty and being a Member of this House returned into the same one of the Knights for the County of Norfolk doth in the end for his part and opinion nominate the said M r Edward Cooke to be chosen for their Speaker in this present Parliament if the residue of this House shall so think good Unto which Motion as many of the said House assented with their Voices so the said M r Edward Cooke thereupon stood up and very gravely and discreetly behaving himself as well in all due thankfulness unto this House for their said good opinion conceived of him as also in disabling himself in divers respects for the discharge due and requisite for that place humbly prayeth them to proceed to a new Election Which done the Right Honourable Sir Thomas Heneage Knight Vice-Chamberlain to her Majesty and one other of her Highness's most Honourable Privy-Council stood up and not only approving but also very much amplifying the said former sundry commendable gifts and abilities of the said M r Edward Cooke exceeding many others and comparable in his opinion and judgment with any others for that place and charge gathering also the same partly from his own late former Speech of excuses doth in the end resolutely deliver his opinion to make choice of the said M r Cooke to be their Speaker And also thereupon moving the question to the House the said M r Cooke was with one full consent and voice of the whole House nominated and chosen to be their Speaker for this present Parliament And so was thereupon presently brought by the said M r Treasurer and M r Vice-Chamberlain and set in the Chair And immediately after the House did rise and were appointed to repair thither again upon Thursday next following On Thursday the 22 th day of February to which day the Parliament that begun on Monday foregoing being the 19 th day of the same Month had been continued by Sir John Puckering Knight Lord Keeper of the Great Seal by her Majesties Commandment the Queens Majesty and divers of the Lords Spiritual and Temporal being set in the Upper House the Knights Citizens and Burgesses of the House of Commons had notice thereof and thereupon they repaired thither with Edward Cooke Esquire her Majesties Sollicitor their lately Elected Speaker who being led up to the Rail or Bar at the lower end of the said House by two of the most-eminent Personages of the aforesaid House of Commons after humble reverence made declared unto her Majesty his Election to the said place of Prolocutor and then alledging according to the usual course his own insufficiency did desire her Majesty to enable him to that Charge and to consider that howsoever he were the meanest that ever went before him in that place in respect of Experience yet in respect of his faithfulness he thought himself inferlour to none After which Speech her Majesty by the Mouth of the Lord
Keeper having allowed and approved his Election the said Speaker having in a second Speech shortly touched her Highness happy and victorious Reign and somewhat largely proved the antientSupremacy of the Kings of England in Ecclesiastical matters did in the end of his said Speech make certain Petitions of course in the name of the House of Commons First For liberty of Speech Secondly For freedom from Arrests And thirdly For Access unto her Majesty And lastly For Pardon for himself if he should in any thing unwittingly be mistaken To which Speech the Lord Keeper having received new Instructions from her Majesty made a reply in particular to the several branches of the said Speakers Speech And to his three demands he Answered that liberty of Speech was granted in respect of the I and No but not that every one should speak what he listed And touching freedom from Arrests and Access to her Majesty he advised that they might be cautiously made use of Nota That none of these Particulars touching the Presentment of the Speaker are set down in the Original Journal-Book of the House of Commons but are abstracted out of another Journal of the same House taken by an Anonymous Member of the same during the Parliament mentioned at the beginning of this present Journal yet it appeareth plainly by the very Original Journal-Book it self Fol. 262. l. that the Prosocutor was this day presented to her Majesty where the words are as followeth viz. Jovis xxii do Febr. 92. This Day M r Speaker was presented unto her Majesty Which said words being only here a little otherwise placed for Order sake than there have a large Blank left at the end of them of somewhat above half a page with intention no doubt at the first to have inserted the whole manner of the proceeding both of this presentment and admission After the Return also of the Speaker now compleatly invested in that place with the rest of the House of Commons one Bill was read according to the usual form in that Case accustomed which is set down in the said Journal-Book in these words following viz. The Bill that a Bar at large may be pleaded in any Action of Ejectione firmae was read the first time M r Speaker immediately after the reading of this Bill and his opening of the contents of the same to this House shewed unto them from her Majesty that her Highness had Adjourned mistaken for continued the Higher House till Saturday next And also that her Majesties pleasure likewise was that this House should therefore be Adjourned till the same time which being so done accordingly this House did then rise and every man went away On Saturday the 24 th day of February the House being set and a great number of the Members of the same assembled M r Speaker not then as yet being come to the House some of the House said one to another they heard he was sick And one affirmed it to be so indeed shewing that he had been with him this Morning himself and left him sick in his Bed and his Physician and his Wife with him and some others supposing that he would shortly signify unto this House the Cause of that his absence moved that the Clerk might in the mean time proceed to saying of the Litany and Prayers Which being so done accordingly the Serjeant of this House presently after the said Prayers finished brought word from M r Speaker unto the Right Honourable Sir John Woolley Knight one of her Majesties most Honourable Privy Council and a Member of this House and then present in the same House that he had been this last Night and also was this present Forenoon so extreamly pained with a wind in his Stomach and Loosness of Body that he could not as yet without his further great peril and danger adventure into the Air at this time which otherwise most willingly he would have done And willed that the Clerk of this House might signify unto the House the said estate of his Case and in his name to desire their good favourable considerations of the same not doubting their gentle and courteous acceptance of that his so reasonable excuse as by this House hath also been in former time used in like Case towards some other his Predecessors in the place he now serveth And to shew them he trusteth in God he shall be able to attend them in this House upon the next day of sitting which will be Monday next The Effect of which Message being then signified unto this House by the said Clerk of the House all the said Members of this House being very sorry for M r Speaker his sickness rested well satisfied And so the House did rise and every man departed away Nota That this is all which is found in the Original Journal-Book of the House of Commons touching this days business and therefore that which followeth is supplied out of that Anonymous Journal mentioned at the beginning of this present Journal touching the residue of this days passages This day M r Peter Wentworth and Sir Henry Bromley delivered a Petition unto the Lord Keeper therein desiring the Lords of the Upper House to be suppliants with them of the lower House unto her Majesty for Entailing the Succession of the Crown whereof a Bill was readily drawn by them Her Majesty was highly displeased therewith after she knew therof as a matter contrary to her former strait Commandment and charged the Council to call the parties before them Sir Thomas Heneage presently sent for them and after Speeches had with them commanded them to forbear the Parliament and not to go out from their several Lodgings The day after being Sunday and the 25 th of Febr. though the House sate not yet they were called before the Lord Treasurer the Lord Buckhurst and Sir Thomas Heneage The Lords intreated them favourably and with good Speeches But so highly was her Majesty offended that they must needs commit them and so they told them Whereupon M r Peter Wentworth was sent Prisoner unto the Tower Sir Henry Bromley and one M r Richard Stevens to whom Sir Henry Bromley had imparted the matter were sent to the Fleet as also M r Welch the other Knight for Worcestershire Vide Mar. 10. About this matter in the beginning of the Parliament was appointed a Committee to be had of many grave wise and ancient Parliament men which were of the House but at this time few met at the place appointed at least not such as were expected It was appointed also at this time to M r 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 or spoken in that Conference were as I heard confessed to some of the Privy-Council by some of those Parties that were present at that Conference All that were there
treble Subsidies and like proportionable Fifteenths and 〈◊〉 and some by other sorts of benevolences resolved upon the question that the former Committees of this House for consultation to be had for necessary supply of Treasures to be had for the repelling of the said dangers should meet in this House in the Afternoon of this present day to confer and consult generally touching the said great dangers as also touching the remedies that the same being digested may be reported over unto this House into such form as to the same shall be thought good to the end that afterwards it may in the Afternoon be imparted unto the Lords accordingly Nota That there is no more of this days Passages found in the Original Journal-Book of the House of Commons although there followed divers Speeches upon the foregoing Motion of Sir Thomas Heneage her Majesties Vice-Chamberlain concerning the great business of supply to be given to her Majesty all which are therefore inserted out of that foresaid Anonymous Journal taken by some Member of the said House during this Parliament which are there set down with very little alteration added to them in manner and form following Sir Thomas Cerill speaking next after Sir Thomas Heneage had ended his former Speech said that three Subsidies might be set down to be paid in four years and to be charged upon men of ten pound and upwards to spare them that were under Sir Henry Knivet affirmed the poverty of our Country against the reasons used The principal reason of our poverty he said was because we brought in more Foreign Wares than we vented Commodities and so by this means our money was carried out of our Country Alledging it to be like a Pond fed with a Spring but having a breach through which more passeth than cometh in so c. He made these two Motions First that the Queen should be helped by a survey taken of all mens Lands and Goods in England and so much to be yearly levyed as to serve the Queen to maintain Wars the proportion being set a hundred thousand pound yearly And secondly if this were misliked every man upon his word and power to deliver what were the profits of his Lands and worth of his goods and so a proportion to be had accordingly Sir Francis Hastings said The preparations of the Enemies Forces are both ready and great and intus they conspire therefore a great Aid must be yielded And I could wish three Subsidies to be levyed in this matter in the first of them those to be charged of five pound Lands and five Marks Goods in the second those of twelve pound Lands and eight pound Goods and in the third all to be charged as these have been Sir Walter Raleigh Answered them that spake of the Poverty of the Land which they argued by the multitude of Beggars he gave these reasons That the broken Companies in Normandy and the Low Countries who returned maimed hither never went back again to the Towns from whence they came For a multitude of Clothiers take their Looms into their own hands spinning their Wooll themselves and except we would work unto them better cheap than they can make themselves they will set none on work This grossing of so many Trades into their own hands beggereth so many as usually lived by the Trade He thought it inconvenient to have so many mens livings surveyed For many are now esteemed richer than they are and if their Land and Wealth were surveyed they would be found Beggars and so their credit which is now their Wealth would be found nothing worth He reported of his own knowledge that the West Country since the Parliament begun had taken from them the worth of four hundred and forty thousand pound They of Newcastle lie still for fear because Burdeaux Fleet was taken this year by the Enemy For the Enemy approaching us and being our Neighbour as he is gotten to be our Trades will decay every day and so our poverty encreaseth every day more and more And this is most certain the longer we defer Aid the less able shall we be to yield Aid And in the end the greater Aid will be required of us And so sparing them now we shall charge them when they shall be less able to bear it For this is most true one hundred thousand pound would have done the last year that which three will not now do and three will do this year that which six will not do hereafter So in conclusion he agreed to three Subsidies in them the three pound men to be spared and the summ which came from them to be levied upon those of ten pound and upwards and the payment to be speedy Sir Henry Umpton agreed that there should be three Subsidies granted according to the old payment only that a care should be had of assessing it on them that were best able And his conclusion was that it might be soon agreed upon for so it would be more acceptable because Tardè velle nolle instar est Sir Edward Stafford thought Subsidies were not so fit a remedy for the dangers we were in but advised rather there being ten thousand Parishes in England that it should be imposed on every Parish to find so many men for the Wars and the richer Parishes to help the poorer And the allowance for every man yearly to be twelve pound After this he moved to have the Parliament Prorogued Sir Francis Drake described the King of Spains strength and cruelty where he came and wished a frank Aid to be yielded to withstand him and he agreed to three Subsidies Serjeant Harris moved for three Subsidies but the ancient custom of payment to be retained besides no three pound men to be excused for then every man will labour by his Friend to be set three pound And that it was not needful to find men for the Field For by the Tenures of which there are three in England this is provided for The first Chivalry that is to do service in the Field the second Socage that is to find us victum vestitum by the Plough the last Frankal moign who are to pray for us to God Now every one by whom fealty is to be done by his Tenure he is to be forty dayes in the Field with his Lord. Sir Robert Cevill said I am glad to see the willingness of the House and readiness to yield Aid and having a feeling of the necessity requiring it my desire is that the Sentence which had had so many Parentheses might now be brought to a Period and the Bears Whelp that hath so many times been licked over might now be made somewhat For that is always the most Honourable Conclusion which having received many Contradictions is in the end concluded So he desired this matter of Subsidying might be committed to some special Committees in the Afternoon Sir John Fortescue thought it liberal to grant three Subsidies but did assure of his proper knowledge that three
being also three times read the said Bill with some Additions and Amendments passed upon the Question On Monday the 9 th day of April Wesselen Weblen Bear-Brewer and John Lightburn Serjeant at Mace Prisoners at the Bar are after admonition given them by M r Speaker discharged by the Order of this House of their Imprisonment paying their Fees Vide concerning this matter on Thursday the 5 th day and on Friday the 6 th day of this instant April immediately foregoing M r Chancellour of the Exchequer one of the Committees in the Bill for Explanation of a Statute made in the thirty fourth year of King Hen. 8. as well touching Grants made to his Majesty as for Confirmation of Letters Patents made by his Highness to others shewed the meeting of the Committees and that they have considered of some small amendments and shewed further that four several Provisoes were offered to them touching the said Bill one by M r Adams and one by M r ..... Tipper and one by M r Daws and so offereth both the Bill and the Amendments and the said former Provisoes also leaving all the same to the further consideration of this House Six Bills which last passed this House of which the first was the Bill for avoiding of deceit used in making and selling of twice laid Cordage and for the better preserving of the Navy of this Realm and the second for Mr. Anthony Cook were sent up to the Lords by Sir Robert Cecil and others Upon sundry arguments touching the Proviso offered by Sir Thomas Shirley to the Bill for Explanation of the Statute of 34 Hen. 8. c. it was upon the Question denied to be received and the Proviso for Mr. Stanhop was upon the Question and division of the House denied to be received with the difference of forty Persons viz. with the No one hundred twenty nine and with the Yea eighty nine Mr. Serjeant Owen and Doctor Carey do bring word from their Lordships that their Lordships do desire to know whether this House have any Bills ready to send up unto them shewing that their Lordships are now at good leisure And willed them to put this House in remembrance of the expediting of two Bills which were sent from their Lordships to this House viz. the Bill for Explanation of the Statute made in the thirty fourth year of King Hen. 8. a Bill touching Grants made to his Majesty as also for Confirmation of Letters Patents made by his Highness to others and the Bill for restraint of new Buildings c. Which Message being opened to the House Answer was made that one of the said Bills being presently in debate in the House should by and by be returned unto their Lordships The Bill for Explanation of the Statute made in the thirty fourth year of King Hen. 8 as well touching Grants made to his Majesty as for Confirmation of Letters Patents made by his Highness to others was read the third time and passed upon the Question and was presently sent up to the Lords by Mr. Vice-Chamberlain and others Mr. Fuller one of the Committees in the Bill for restraint of new Buildings and converting of great Houses into several Tenements and restraint of Inmates and Inclosures in and near the Cities of London and Westminster who had been appointed on Friday the 6 th day of this instant April foregoing shewed the meeting and Travel of the Committees and their Opinions for leaving out of one Clause in the Bill and gave the Reasons which being liked of and allowed by the House the Bill was read the third time and after many Arguments both for the Bill and against the Bill it passed upon the Question On Tuesday the 10 th day of April Sir John Hart one of the Committees in the Bill concerning Coopers appointed on Saturday the 24 th day of March foregoing brought in the Bill again as not dealt in by the Committees for lack of convenient time The Bill for restraint of new building converting of great Houses into several Tenements and for restraint of Inmates and Inclosures in and near unto the Cities of London and Westminster with one amendment to the same Bill was sent up to the Lords by M r Treasurer Sir John Wolley and others with a remembrance to move their Lordships for sending down the Bill for the Grant of three intire Subsidies and six Fifteenths and Tenths granted by the Temporalty to the end M r Speaker may this Afternoon present the same unto her Majesty according to the former accustomed usage of this House M r Serjeant Owen M r Attorney General and M r Powle do bring from the Lords an Act intituled An Act for the Queens Majesties most Gracious general and free Pardon The Bill intituled an Act for the Queens Majesties most gracious general and free Pardon was read and then passed upon the Question and was presently sent up to the Lords by Mr. Chancellor of the Exchequer and others Post Meridiem This day in the Afternoon the Queens Majesty came into the Upper House of Parliament and there sitting in her Royal Throne M r Speaker accompanied with the Knights Citizens and Burgesses of the House of Commons repaired unto the said Upper House where making an Excellent Oration unto her Highness and giving unto her Majesty most humble thanks on the behalf of this House for her Highness most gracious and favourable acceptation of their dutiful service and offering unto her Majesty in their names the Act for three intire Subsidies and six Fifteenths and Tenths her Highness gave the Royal assent to fourteen publick Bills and thirteen private Bills and so dissolved this Parliament THE JOURNAL OF THE House of LORDS An exact and perfect Journal of the House of Lords in the Parliament holden at Westminster Anno 39 Reginae Eliz. Anno Domini 1597. which began there on Monday the 24 th Day of October and then and there continued until the Dissolution thereof on Thursday the 9 th Day of February Anno 40. Reginae ejusdem THIS Journal of the House of Lords and all the rest that have since followed both the Queens Reign and in the Reigns of King James and King Charles her Successors unto this present year 1629. have been more exactly and largely taken than before For Thomas Smith Esquire now succeeding unto Anthony Mason Esquire formerly Clerk of the said House of Lords was much more careful in observing and setting down the dayly passages thereof this Parliament than the said M r Mason had been In which the said Sir Thomas Smith's successors for he was afterwards Knighted have much exceeded him also by the large and diligent digesting of the particular agitations of every day upon which the said House did sit Only the Return of the Proxies as is presently more fully declared was more distinctly entred by the abovenamed M r Anthony Mason than hath been since accustomed At this Parliament also there succeeded a new Lord Keeper For Sir John
be thought ill or hurtful unto the general State And I would be sorry to see within this Kingdom that piece of Ovids Verse prove true jam seges ubi Troja fuit so in England instead of a whole Town full of people nought but green Fields but a Shepherd and a Dog The Eye of Experience is the sure Eye but the Eye of Wisdom is the quick-sighted Eye and by Experience we daily see Nemo putat illud videri turpe quod sibi sit quaestuosum And therefore there is almost no Conscience made in destroying the savour of the life Bread I mean for Panis sapor vitae And therefore a strict and rigorous Law had need to be made against those Viperous natures who fulfil the Proverb Si non posse quod vult velle tamen quod potest which if it be made by us and life given unto it by Execution in our several Counties no doubt but they will prove Laws tending to Gods Honour the renown of her Majesty the same of this Parliament and the everlasting good of this Kingdom And therefore I think them worthy to be read and received Thus far out of the aforesaid fragmentary and imperfect Journal that which follows is out of the Original Journal-Book it self In the end of which said Speech as it should seem the said M r Bacon did move the House that a Committee might be appointed to consider of the said matter touching Inclosures Which done Sir John Fortescue Chancellor of the Exchequer in like manner shewed his opinion in this Case much answerable to the said Speech of the said M r Bacon and so moving for a Committee to that end the House did nominate all the Privy Council being Members of this House all the Knights of the Counties and all the Citizens of the Cities returned into this present Parliament Sir Edward Hobby M r Francis Bacon M r Nathaniel Bacon Sir Wiliam Moore M r Sollicitor M r Finch and divers others who were appointed to meet in the Exchequer Chamber at two of the Clock in the Afternoon of this present day M r Finch shewing sundry great and horrible abuses of idle and vagrant Persons greatly offensive both to God and the world And further shewing the extream and 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 consideration to be had for redress thereof Whereupon the same was referred to the former Committees in the Bill touching Inclosures and converting of Tillage into Pasture M r Speaker putteth the House in remembrance for a Committee to be nominated to deal and travel in the examination of such Causes as shall occur in this House touching Priviledge and Returns during this present Sessions of Parliament and from time to time to make Report to this House of their travel and proceedings therein as occasion shall serve Whereupon were nominated all the Privy Council being Members of the House Sir William Moore M r Recorder of London Sir Thomas Knivet M r Attorney of the Dutchy M r Attorney of the Court of Wards M r Doctor Heyward Master of the Requests M r Luke M r Edward Lukenour M r William Cecill M r Robert Wroth Sir William Eyre Sir Francis Hastings M r Miles Sandes M r Michael Stanhop M r Francis Bacon Sir Edward Hobbie M r Sollicitor M r Tasbrough M r Conisby M r George Moore Sir Edward Hastings M r Finch M r Crew M r Peak M r Serjeant Hayle M r Lyel M r Jeram Horsey M r Hubbard M r Amersam M r Edward Boer M r Litten M r Nathaniel Bacon M r Angeire M r Combes and M r Robert Knolls who were appointed to meet upon Monday next at two of the Clock in the Afternoon in the Star-Chamber Sir Thomas Knivet being a Member of this House returned one of the Citizens of the City of Westminster shewed unto this House that being a Member of this House he was since the beginning of this Parliament served with a Subpoena to appear in the Chancery which he taketh to be done to the infringing of the priviledge and liberties of this House Wherein praying the consideration of this House in that behalf he is referred to attend the Committees formerly nominated at the said time and place before appointed Vide November 9. The Bill for taking away of Clergy from Offenders against a Statute made in 3 Hen. 7. concerning the taking away of Women against their wills unlawfully was read the first time On Monday the 7 th day of November Four Bills of no great moment had each of them one reading of which the last being the Bill against Forestallers Regrators and Ingrossers was upon the second reading committed unto M r Chancellor of the Exchequer M r Francis Bacon the Citizens for London York Coventry Bristol and Gloucester M r Nathaniel Bacon and others who were appointed to meet upon Wednesday next in the Exchequer Chamber at two of the Clock in the Afternoon and the Bill and Committees names were delivered upon Tuesday next following to M r Chancellor of the Exchequer one of the Committees The Bill for taking away of Clergy from Offenders against a Statute made in the third year of H. 7 th concerning the taking away of Women against their wills unlawfully was upon the second reading committed unto M r Sollicitor M r Peutridge M r Recorder of London M r Bayes Mr. Finch Mr. Bourcher and Mr. Duport to go presently together 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 strucken out and these words were set down therein by the consent of the House viz. to be committed after the end of this present Session of Parliament and were then twice read And so the Bill upon the question was Ordered to be ingrossed On Tuesday the 8 th day of Nov. Two Bills of no great moment had each of them one reading of which the second being the Bill touching the transporting of Sheep-Skins and Pelts was read the first time Mr. George Moore shewed the great and burthensome charge of the Subjects of this Realm being compelled upon great penalties with the keeping and having of sundry sorts of Armour and Weapons which are altogether unprofitable for any use or service and are charged nevertheless with the finding and providing of such other Armour and Weapons besides from time to time as the Captains which were appointed to take charge upon any occasion of service will call for and appoint at their own pleasure And so for redress thereof and for some certainty to be set down by Law touching the having and keeping of such Armour and Weapons moved that a selected number of this House may be appointed to have Conference and consideration about the same Whereupon were
knowledge of this Motion and to give Order that Tolkerne should be sent for at whose Suit the Arrest was made And withal that such Precedents as the Clerk of the Parliament could shew should be looked out and made known to the House Vide plus concerning this matter on Monday the 23 th day of this instant November following On Saturday the 14 th day of November to which day the Parliament had been last continued on Thursday foregoing by occasion of sending for the aforesaid Tolkerne request was made by M r Conisbie Gentleman Usher to the House and signified by the Mouth of the Earl of Nottingham Lord Steward That for as much as the bringing of any person before the Lords upon breach of the Priviledge of the House did appertain as the said M r Conisbie supposed and alledged to his place though in the last Parliament by some mistaking as he thought the Serjeant at Arms was imployed therein That therefore their Lordships would be pleased to confirm and settle such Order as he might at this time and from henceforth have the Right of his place in that behalf Whose request being considered of 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 Zouch and the Lord Cobham should at their next meeting upon any other occasion take notice of such Precedents 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 Vide concerning this business on Tuesday the first day of December next following The meeting of the Committees about the Bill concerning Musters Souldiers c. who were nominated on Thursday the 12 th day of this instant November foregoing and appointed to meet this Afternoon was upon Motion to the House by some of the Committees deserr'd until Monday next being the 16 th day of this instant November by eight of the Clock in the Morning A Motion was made by the Lord Keeper that the Gentleman-Usher might be sent to such Lords as are absent from the Parliament and have not sent their Proxies to admonish them thereof Five Bills had each of them one reading of which the second being the Bill for suppressing the multitude of Ale-Houses and Tippling-Houses was read secundâ vice and committed to the Lord Treasurer the Earl of Worcester the Earl of Hartford the Earl of Lincoln the Bishop of Winchester the Bishop of Lincoln the Bishop of Bath and Wells the Bishop of Chester the Bishop of Exeter the Bishop of Ely the Lord Zouch the Lord Cobham the Lord Rich the Lord Sheffield the Lord Chandois the Lord S t John of Bletsoe and the Lord Compton and the Lord Chief Justice of England M r Justice Gawdy M r Baron Savile and M r Serjeant Yelverton were appointed to attend their Lordships The third Bill also being for the avoiding of unnecessary delayes of Executions upon Judgment in Debt was read secundâ vice and committed unto the Lord Treasurer the Earl of Worcester the Earl of Pembrook the Bishop of Rochester the Bishop of Worcester the Bishop of S t Asaph the Lord Cobham the Lord Chandois the Lord S t John of Bletsoe and M r Justice Gawdy M r Baron Savile and M r Serjeant Yelverton were appointed to attend their Lordships The Lord Zouch renewed his former motion concerning the Arrest of William Hogan her Majesties Ordinary servant at the suit of John Tolkerne Whereupon the Clerk of the Parliament was required to shew forth all such Precedents as he had found touching the Arrests of any Persons priviledged by Parliament having received directions from the Lords for that purpose as is before Recorded of which sort out of the Journal-Book remaining in his custody there were to be found only these four hereunder mentioned and no more 1. Anno 27. Reginae Fliz. die Martis primo die Decembris of James Diggs servant to my Lords Grace of Canterbury 2. Anno 27. Reginae Eliz. die Lunae 7. Die Decembris of Robert Finneis servant to the Lord Viscount Binden 3. Item in the last Parliament of 39 Eliz. 26. die Novembris of Edward Barston servant to the Lord Chandois and 8. die Decembris of John York the Lord Arch-Bishops servant 4. Item Anno 14. Reginae die ultimo Junii It appeareth that the Lord Cromwel made complaint unto the Parliament of an Attachment served upon his Person and that his Lordship was by Order of the Parliament discharged of the Attachment but whether this Attachment was served in the time of the Parliament it doth not certainly appear Which said Precedents being accordingly presented to the Lord Keeper the same were presently read together with certain Observations out of a Book written by Richard Crompton Esquire Intituled the Authority and Jurisdiction of the Queens Courts concerning the proceedings of the House in the like case of George Ferrers Gent. an ordinary servant to King Henry 8. about the thirty fourth year of his Reign This being done albeit sundry Motions were thereupon made by divers of the Lords for a present proceeding in this matter nevertheless because the said Tolkerne having been formerly sent for could not yet be found and also in respect there was less appearance of the Lords this day than at other times and this matter concerning the priviledge of the House was of great importance and therefore required a more full Assembly Stay was made of any further proceeding until Thursday next being the 19 th day of this instant November And in the mean time it was Ordered that Tolkerne should again be sent for to appear before the Lords in the House that day by nine of the Clock in the Morning Vide concerning this matter on Monday the 23 th day of this Instant November following On Monday the 16 th day of November to which day the Parliament had been last continued on Saturday foregoing the Bill for reuniting Eye and Dunsden to the Mannor of Sunning was read secundâ vice Motion was made by the Lord Sheffield upon reading of this Bill that Thomas Crompton Son of Thomas Crompton Esquire deceased with Henry Best Francis Jackson and others whom it may concern should be heard in the House whether they or any of them could pretend any right or Interest in these Lands in respect of a Grant heretofore made thereof by her Majesty to the said Thomas Crompton Which Motion was well approved by the House and Ordered that the Gentleman Usher should move the said parties to appear before their Lordships in the House for that purpose upon Saturday next the 21. day of this Instant November by eight of the Clock in the Morning and to bring them such persons as are interested in the Conveyance of those Lands Vide December 7 th Monday postea Memorandum That the
brought up to the Lords from the House of Commons by M r Comptroller M r Secretary Cecill Sir John Fortescue M r Secretary Herbert and others which being for reformation of deceits and frauds of certain Auditors and their Clerks in making deceitful and untrue particulars was read primâ vice Upon Complaint made to the House by the Lord Archbishop of Canterbury of great disorders committed by certain Pages and others belonging to some of their Lordships or to some of the House of Commons in offering violence to divers persons and particularly to his Lordships Bargeman but especially to one George Percivall a Servant to the Lord Bishop of Peterborough who was abused and beaten as was informed by one of Sir John Harrington's Servants named ..... It was Ordered by the Court that the Committees under-named shall call the said Percivall and ..... before them upon Monday next being the 7 th day of this instant December at the Parliament Chamber and upon Examination of the matter shall inflict such punishment on the Offender as they shall find Cause And it is likewise Ordered that the Lord Keeper shall conser with the Speaker of the House of Commons for some course to be considered of and taken for reformation of like abuses hereafter Committees to examine the abuses offered by Sir John Harrington's Servant to a Servant of the Lord Bishop of Peterborough the Earl of Lincoln the Lord Bishop of London and the Lord Zouch On Monday the 7 th day of December Two Bills had each of them one reading of which the first being the Bill for the more peaceable Government of the parts of Cumberland Northumberland Westmerland the Bishoprick of Durham was read tertiâ vice and sent down to the House of Commons by Doctor Carew and M r Doctor Stanhop The Bill to avoid double payment of Debts was brought up to the Lords from the House of Commons by M r Comptroller Sir Edward Hobbie and others Four Bills also had each of them one reading of which the third being the Bill for Confirmation as well of all Grants made to the Queens Majesty and of all Resumptions made by her Highness of the Possessions of any Arch-Bishoprick or Bishoprick as of Letters Patents made by her Majesty to others was read primâ vice The Bill for Reformation of Grants made to the Queen and by Letters Patents made by her Highness to others was this day returned to the House with certain Amendments by the Lord Treasurer the first of the Committees Vide concerning this Bill on Thursday the 17 th day of this instant December following Memorandum That upon a Motion made this 7 th day of December to the House by the Lord Zouch that the Lady Fane by her Letters to Sir Anthony Mildmay had signified that she had not given her consent to the passing of the Bill concerning the enabling of Edward Nevill and Sir Henry Nevill his Son to dispose of certain Copy-hold Lands c. as was mentioned in the said Bill the said Sir Anthony Mildmay was called before their Lordships who produced the said Letter and the same was read in the House And thereupon it was Ordered that any further proceeding in the Bill should be respited until Wednesday next by ten of the Clock in the Forenoon at what time the Lady Fane might be heard what she could say against the same if she would then be present Vide concerning this business on Wednesday the 9 th day of this instant December ensuing This day Sir William Knolles Sir Edward Hobbie Knights with divers others of the House of Commons delivered a Message from the Knights and Burgesses of the said House desiring Conference with some of their Lordships about the Bill concerning the uniting of Eye and Dunsden to the Mannor of Sunning Upon delivery of which Message after the said Sir William Knolles and the rest had a little withdrawn themselves and then upon propounding of this Motion to the House the Lords had assented thereunto Answer was made by the Lord Keeper sitting in his place and the rest of the Lords also keeping their places unto the said Sir William Knolls c. that the Lords had yielded to the Conference and had appointed certain Committees under-named to meet with some select persons of the House of Commons for that purpose viz. the Lord Treasurer the Lord Steward the Lord Bishop of London the Lord Bishop of Winchester the Lord Zouch and the Lord Cobham appointed to meet at the Outer Chamber near the Parliament Presence to Morrow the 8 th day of this instant December by eight of the Clock in the Morning Vide concerning this matter on Monday the 16 th day and on Saturday the 21 th day of November foregoing On Tuesday the 8 th day of December Six Bills had each of them one reading of which the last being the Bill concerning Captains and Souldiers and other the Queens Services in the Wars was read secunda vice and committed to the Committees formerly appointed for the first Bill of that kind whose names see before on Thursday the 12 th day of November with addition of the Lord Windsor and the said Committees to meet about the said Bill upon the first opportunity of meeting about any other Bill and the Bill was delivered to the Earl of Nottingham Lord Steward the third of the Committees Nota That here this Bill was delivered to the Earl of Nottingham being the third of the Committees of whom the Lord Archbishop of Canterbury and the Lord Treasurer were the two first Whereas on Monday the 23 th day of November foregoing a Bill being committed upon the second reading was delivered unto the Archbishop of Canterbury the first of the Committees And on Thursday the 26 th day of the same Month upon the Commitment also of a Bill in the like manner it was delivered unto the Lord Howard of Walden being the puisne Baron or last of the Committees By which it is plain that as well in the Upper House as in the House of Commons after any Bill is committed upon the second reading it may be delivered indifferently to any of the said Committees A Proviso was offered by the Earl of Worcester in the behalf of the Earl of Shrewsbury to be annex'd unto the Bill Intituled An Act for Confirmation of Grants made to the Queens Majesty and of Letters Patents made by her Highness to others Which Proviso together with the Amendments in the said Bill returned Yesterday to the House by the Committees were presently read And forasmuch as the Lords desired a speedy proceeding in this Bill they sent D r Carew and D r Stanhop to the House of Commons to move them that some meet persons of that House might join in Conference with the Lords being to the number of twenty or thereabouts concerning the Proviso and Amendments aforesaid And that the meeting about the same might be at the Outward Chamber near the Parliament Presence to Morrow the 9 th day
Burgesses of the House of Commons with John Crooke Esq Recorder of London their Speaker Elect Assembled together in their own House and having stayed there a good while silent and attending her Majesties Pleasure to be sent for to the Upper House and hearing nothing thereof they did at length depart out of their own House and went of themselves towards the said Upper House there to be more near and ready to come before her Highness at such time as she should be pleased to send for them which she did accordingly after they had waited at the said Upper House Door about half an hour where the Speaker aforesaid being presented unto her Majesty was notwithstanding his excuse made according to the usual form to the contrary approved and allowed by her And upon her said Majesties granting of such Petitions of course as the said Speaker did lastly make in the name of the House of Commons touching liberty of Speech free access to her Majesty and freedom from Arrests and Suits he with the rest of the said Commons House returned back to their own House the Serjeant of the said House carrying the Mace before the said Speaker into the said House Where the said Speaker after some good pause of time did signify unto the Members of the said House being most of them set in their several places that her Majesties pleasure delivered by the Lord Keeper was that this Parliament should be a short Parliament And therefore she willed that the Members of this House should not spend the time in frivolous vain and unnecessary Motions and Arguments but only should bend all their best endeavours and travails wholly in the devising and making of the most necessary and wholsome Laws for the good and benefit of the Common-Wealth and the Realm And further shewed that her Highness did purpose that the Members of this House should have convenient scope of time to repair home into their Countries before Christmas for her Majesties better Service in their Countries And declared withal that in regard of some matters of great importance her Highness had Adjourned this Court till Thursday next at nine of the Clock in the Forenoon Which done the Members of this House did forthwith rise and depart without reading any Bill at all by reason of the Adjournment taking the same to extend as well to this House as to the said Upper House but were mistaken as upon the next Morning further afterwards appeared upon advertisement of the said Lord Keeper to Mr. Speaker that the said Adjournment did only tend to the said Upper House and not to this House Nota that in the last foregoing Parliament de Anno 39 40. Reginae Eliz. Anno Domini 1597. The House of Commons upon a like mistake which happened chiefly through the negligence of Christopher Yelverton Serjeant at Law their Speaker at that time was Adjourned upon Thursday the 27 th day of October unto Saturday following being the 5 th day of November in Anno praedicto where this said matter was fully handled by a large Animadversion upon it ut vide ibidem Nota also That the passages of these two foregoing days are more orderly and copiously set down in the Original Journal-Book of the House of Commons than usual and are therefore wholly inserted out of it with the addition and alteration only of some few matters of course On Saturday the 31 th day of October M r Francis Bacon returned into this present Parliament one of the Burgesses for the Borough of Ipswich in the County of Suffolk and also for the Borough of St. Albans in the County of Hartford shewed unto this House that he maketh choice to stand for the said Borough of Ipswich Whereupon it was Ordered by this House that a Warrant be made to the Clerk of the Crown-Office in the Chancery for the awarding of a new Writ for returning of another Burgess for the said Borough of S t Albans in lieu and stead of the said M r Francis Bacon M r George Goring one of the Burgesses for the Borough of Lewes in the County of Sussex shewed on the behalf of M r Goddard Pemberton returned into this present Parliament a Burgess for the sasd Borough of Lewes and also for the Borough of Peterborough in the County of Northampton that the said Mr. Pemberton maketh choice to stand for the said Borough of Peterborough It is thereupon Ordered by this House that a Warrant be made to the Clerk of the Crown-Office in the Chancery for the awarding of a new Writ for the Chusing and returning of another Burgess for the said Borough of Lewes in lieu and stead of the said M r Goddard Pemberton A Committee was appointed to travel in the Examination of such Returns and matters of priviledge as shall happen questionable in this House during this present Sessions of Parliament and to report their Proceedings therein unto this House from time to time for the further resolution of this House to be had in the same accordingly viz. All the Privy-Council being Members of this House M r Thomas Knivet M r Attornies of the Dutchy and Court of Wards Sir Francis Hastings Sir Robert Wroth M r Michael Stanhop M r Francis Bacon Sir Edward Hobbie M r Sollicitor M r George Moore M r Peake M r Serjeant Heyle M r Leife M r Jerom Horsey M r Henry Hubberd Sir Walter Raleigh Sir Robert Knolls Sir Edward Stafford M r Henry Maynard M r Snigg M r Oldworth M r Boyse M r Wiseman M r Lake M r John Hare M r Serjeant Harris Sir Richard Knightley M r Francis Fortescue Mr. Robert Wingfield and Mr. William Coke who were appointed to meet upon Thursday next in the Afternoon in the Court of Wards And the Note of the Committees names was delivered to Sir Edward Hobbie The Bill for the strengthening of certain Grants made for the maintenance and Government of certain Hospitals in London was read the first time The Bill also against excessive and common Drunkenness had its first reading On Monday the second day of November Two Bills had each of them one reading of which the second being the Bill to preserve the Breed of Horses and to avoid the common stealing of them was read the first time After which divers Speeches were made which are transcribed out of the abovesaid private Journal Sir Edward Hobbie made a Speech for the abridging of Penal Laws which he said were like Thorns that did prick but did yield no Fruit And that they being not looked unto it bred in us an alteration in 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 time makes a necessity of alteration of Laws with many other circumstances touching the shortness of Statutes and commending the proceeding of former ages he concluded with a desire of a Committee Which Speech was seconded by M r Serjeant Harris
House when the Bill is brought in again p. 603. An Amendment of a Proviso added to a Bill in the Upper House agreed upon by the Committees of both Houses at a Conference it is consented unto by the whole Upper House that the Amendment shall be made in the House of Commons and be sent up in paper to the Lords to be by them inserted in the Proviso p. 616 Answers by the Lord Keeper given unto Messages sent from the House of Commons use to be given by him sitting with his Hat on and all the Lords keeping their places p. 439 440 Apparel a Bill against buying it without ready money save by men of such a degree p. 69 70. A Bill to avoid excess in it p. 112. dashed p. 134. Another for not buying wares sold for Apparel without ready money dashed p. 188. Another Bill for reformation of excess in Apparel p. 228. another for the same p. 424. another having passed the Commons is rejected by the Lords and why p. 594 Arch-bishops a Bill declaring the manner of making and consecrating of them and other Bishops to be good p. 108. 110. Arch-bishop of Canterbury the first Peer of the Realm p. 140 Assistants Vide Committees Attach No Peer to be Attached during the Sessions of Parliament p. 203. nor any of their Menial Servants committed to Prison p. 314. 323. 530 c. but other of their servants may p. 315. two committed close Prisoners to the Fleet for arresting a Servant of the Lord Chandois p. 530. another also for arresting the Arch-bishop of Canterbury's Servant p. 532. on what conditions they have their enlargement p. 533. A question moved whether an ordinary servant of the Queens being no Parliament-man be priviledged from being attached in the time of Parliament p. 603 604 606. When a servant of a Peer is committed to Prison upon Execution resolved that he shall be brought to the House not by issuing out a Writ of priviledge of Parliament to the Sheriff but by immediate order from the House to the Gentleman Usher or Serjeant at Arms. p. 605. but the contrary resolved upon search of Precedents and the Lord Keeper to make out the Writ p. 608 Queens Attorney made a Joint-Committee with the Lords p. 142 Award Ordered that if the parties at variance will not enter into such Bond as is appointed by the House to stand to the Award of such Lords as the matter is reserr'd to they shall be committed to Prison p. 618 B. BAbington's Conspiracy 28 Eliz. a Parliament called thereupon p. 375 Bacon Sir Nicholas made Lord Keeper 1 Eliz. p. 1. his Speech to the first Parliament of the Queen in an 1. of her Reign p. 11. His Speech to the Speaker of the House of Commons in the same Parliament at his admission p. 15. and his Reply to the Speakers disabling himself and to his Petitions p. 16. His Reply to the Speaker's Speech at the end of this Session p. 31 32 33. His Speech to the Parliament 5 Eliz. p. 59. at the end of the Session p. 75. and so at the beginning and end of each Session during his life till 23 Eliz. when he was succeeded by Sir Thomas Bromley p. 226 Baron Lord Chief Baron who is but an Assistant to the Upper House made a Committee p. 108 109 Belgrave a Member of Parliament his Case against whom was preferred a Bill in the Star-Chamber for a misdemeanour against a Peer p. 612 Bills usually not spoken to upon the first reading p. 17. Precedents of the contrary ibid. When a Bill has past one House it is seldom Committed or Ordered to be Ingrossed by the other and why ibid. and p. 19 20. 147 148. 326. sometimes Committed upon the first reading Precedents thereof p. 17 18 69. sometimes neither Committed nor Ingrossed either upon the first or second reading p. 111. the manner of delivering a Bill from the House of Lords to the House of Commons p. 19. the manner of passing of a Bill ibid. Bills of Grace seldom Committed nor Ingrossed and why p. 20. sometimes have but one reading p. 73. 91. 464. how passed into Acts. p. 116. Bills sometimes in Queen Elizabeths time not ingrossed till the day after the second reading but now always on the same day p. 26 27. The manner of giving the Royal Assent unto such Bills as are passed into Acts and of disallowing those that are not p. 35. 76. 116. A Bill is sometimes rejected after it has passed the third reading p. 271. A Bill passed by the Lords and rejected by the Commons the Lords expect an account of the reasons of such rejection p. 272 273. Bills of general pardon and of Subsidies not passed into Acts like other Bills p. 274. 328. When Bills are sent up from the Commons the Lord Keeper and the rest of the Lords are to arise from their places and to go down to the Bar to receive them p. 439 440 Bishops are commanded to reform abuses in Religion p. 345. Why their names are placed on the dexter side of the Journal of the Upper House p. 422. Vide Popish and Arch-bishop Bloud Vide Restitution in Bloud Bromley Sir Thomas made Lord Chancellor 22 Eliz. p. 226. he died in April 29 Eliz. p. 419 Lord Burleigh his place in Parliament p. 543. C. CAnterbury Vide Arch-bishop Chancellor a Bill declaring his Authority and that of the Lord Keeper to be all one p. 70. Letters Patents to the Lord Chief Justice to supply his place when absent p. 143 A Bill that Chancellors Commissaries c. shall be Graduates in one University p. 72 Clergy Vide Subsidy Coaches a Bill to restrain the excessive use of them within this Realm in 43 Eliz. p. 602. Collection of money for the poor usually made towards the end of a Parliament p. 616. Commissions to certain Lords to Prorogue the Parliament p. 77. 93 94. 274. Verbal Commission to the Lord Treasurer to supply the Lord Keepers place p. 99. A Commission in writing to the Lord Chief Justice to the same purpose p. 102. 383. a revocation of the same p. 108. A Commission 35. Lords or any three of them to dissolve the Parliament p. 275. the like p. 329. and 389. A Commission to three Lords to supply the Queens place in the Parliament 28 29 Eliz. p. 377. These Lords are stiled Lords Lieutenants p. 378. The Parliament cannot be dissolved without a Commission unless the Sovereign be present to give the command to the Lord Keeper c. p. 547. Committees the Judges Queen's Serjeants Baron c. made Joint-Committees with the Lords vide Judges Serjeant Baron c. An Order of the House that a Committee who disallows the Amendments of a Bill or something in the body of the Bill it self may give his reasons to the House when the Bill is brought in again p. 603. A Bill may be delivered to the eldest or youngest Baron of a Committee or indifferently to any of them p. 607. 610.
octavo 36. The Amours of certain Great Men and famous Philosophers Written in French and Englished by J. D. in octavo 37. Deceptio visus or Seeing and Believing are two things a pleasant Spanish History faithfully translated in octavo 38. The History of France under the Ministry of Cardinal Mazarine viz. from the death of King Lewis XIII to the year 1664. wherein all the Affairs of State to that time are exactly related By Benjamin Priolo and faithfully Englished by Christopher Wase Gent. in octavo 39. The History of the Twelve Caesars Emperours of Rome Written in Latin by C. Suetonius Tranquillus newly translated into English and illustrated with all the Caesars Heads in Copper-plates in octavo 40. The Annals of Love containing select Histories of the Amours of divers Princes Courts pleasantly related By a person of Honour in eight Parts in octavo 41. A new Voyage into the Northern Countries being a description of the Manners Customs Superstition Buildings and Habits of the Norwegians Laplanders Kilops Borandians Siberians Samojedes Zemblans and Islanders in twelves 42. The present State of the United Provinces of the Low Countries as to the Government Laws Forces Riches Manners Customs Revenue and Territory of the Dutch Collected out of divers Authors by W. A. Fellow of the Royal Society The second Edition in twelves 43. The present State of the Princes and Republicks of Italy The second Edition enlarged with the manner of Election of Popes and a Character of Spain Written Originally in English by J. Gailhard Gent. in twelves 44. The Policy and Government of the Venetians both in Civil and Military Affairs Written in French by the Sieur de la Hay and faithfully Englished in twelves 45. The Voyage of Italy or a compleat Journey through Italy in two Parts with the Character of the People and the Description of the chief Towns Churches Palaces Villas Gardens Pictures Statues Antiquities as also of the Interest Government Riches Forces c. of all the Princes with Instructions concerning Travel By Richard Lassells Gent. who travelled through Italy five times as Tutor to several of the English Nobility Opus Posthumum corrected and set forth by his old Friend and Fellow-Traveller S. W. Never before extant in twelves 46. A Relation of the French King 's late Expedition into the Spanish Netherlands in the years 1667 and 1668. with an Introduction discoursing his Title thereunto and an account of the Peace between the two Crowns made May 2. 1667. Englished by G. H. in twelves POETRY and PLAYS 47. The Works of Sir William Davenant K t consisting of those which were formerly Printed and those which he designed for the Press Now published out of the Author 's Original Copies in folio 48. Andronicus Comnenius a Tragedy By John Wilson in quarto 49. Heraclius Emperour of the East a Tragedy By Lodowic Carlel Esq in quarto 50. The Shepherds Paradise a Pastoral By Walter Montague Esq in octavo 51. Paradise Regain'd a Poem in four Books to which is added Sampson Agonistes The Author John Milton in octavo MISCELLANIES 52. A General Collection of Discourses of the Virtuosi of France upon Questions of all sorts of Philosophy and other Natural Knowledge made in the Assembly of the Beaux Esprits at Paris by the most ingenious Persons of that Nation Englished by G. Havers in two Volumes in folio 53. A Justification of the late War against the United Netherlands in two Parts illustrated with several Sculptures by Henry Stubbs in quarto 54. The Compleat Gentleman or Directions for the Education of Youth as to their Breeding at home and Travelling abroad In two Treatises by J. Gailhard Gent. who hath been Tutor abroad to several of the Nobility and Gentry in octavo 55. The Temperate Man or the right Way of Preserving Life and Health together with Soundness of the Senses Judgment and Memory unto an extream Old Age. In three Treatises The first written by the learned Leonardus Lessius The second by Lodowick Cornaro a Noble Gentleman of Venice The third by a famous Italian faithfully Englished in twelves 56. The Golden Calf in which is handled the most rare and incomparable wonder of Nature in transmuting Metals viz. how the entire substance of Lead was in one moment transmuted into Gold Obrizon with an exceeding small Particle of the true Philosophers Stone at the Hague in the year 1666. Written in Latin by John Frederick Helvetius Doctor of Medicine at the Hague and faithfully Englished in twelves 57. Accidence commenc'd Grammar and supplied with sufficient Rules or a new and easy method for the learning of the Latin Tongue The Author John Milton in twelves 58. The Rules of Civility or certain ways of Deportment observed in France amongst all persons of Quality upon several occasions faithfully Englished in twelves 59. The Art of Complaisance or the means to oblige in Conversation in twelves * Rot. Parl. 31 32 H. 6. n. 1 7 8 9 10 12 20 22 23 24. || Rot. Parl. 1 H. 7. n. 26. An Act for Roger Thorpe a Eadmerus Histor. Normannorum lib. 1. fol. 5. l. 44. b Malmesbury obiit mortem an poll natum Sirvatorem sesum MCxliio. 7 Regis Stephani Balaeus Script Britanniae fol. 186. l. 3. p. 56. l. 24. in vita Willielmi c Eadmerus lih 6. p. 135. l. 21. d Rut. Cart. 5 Johannis m. 5. n. 33. e Rut. Claus. 19 H. 3. Pars 2. m. 5. dorso Vide Stat. de an Bissextili 21 H. 3. Rex per Consilium fidelium subditorum and vet resolved to be a Parliament Coke lib. 8. Case del Prince fol. 20. f A Mat. Weslm An. 1231. 15 H. 3. p. 290. l. 13. g A Barones suni majores minores Barones pro libere tenentibus in genere hoc est tam in Soccagio quam per Servitium militare Spelm. Gloss. Diatriba de Baronibus fol. 64 67. h Rot. Claus. 1 E. 2. m. 19. dorso i Rot. Pars. 5 E. 3. n. 3. k Rot. Pars. 23 H. 6. n. 19. l Rot. Parl. 1 R. 3. Cotton's Records fol. 711. m Rot. Parl. 1 H. 7. n. 18. n Dominus Herbert de Cherbury in vita H. 8. fol. 303 305 306 307. o Parl. sicundum 1 Mariae Rast. Stat. p. 1085. c. 2. Rast. Stat. part 2. de An. 28 Eliz. fol. 121. c. 18. p Rot. Claus. 23 E. 1. m. 3. dorso Euseb. li. 2. de vita Constantini * Bracton de Legibus Angliae Lib. 1. Cap. 7. Vide Camden Annal. p. 432. This Ordinance inhlbitis also as well the Election of Lawyers as of Sheriffs Vide de tota ista materia in Annal Eliz à Guliel Camd. script edit Lugdun Batav An. Dom. 1625. à pagin 432. ad pagin 472. Gul. Camd. in Annal Eliz. supracitatis pag. 468. line is 1 2 3. Vide à e tota ista matcria in Annal. Eliz à Cambd. script Edit Lugd. Bat. 1625. à p. 432. ad p. 472. The Pitition against the Scottish Queen presented unto her Majesly Nov. 12. Guliel Cambden in Annal. Regin Eliz. edit Lugdun Batav Anno Dem. 1625. p. 511 512. Vide Gulicl Camd. Annal. Regin Eliz. edit Lugd. Batavorum An. Dom. 1625. pag. 589. Vide Holinghs pag. 955. 956. An excellent Case of one George Finers a Burgess of Plimouth in Devonshire in the Parliament An. 33 H. 8. Anno Dom. 1541. arrested and taken in Execution by the means of one White and afterward had his priviledge as also of the Temple-Cook who was Servant to Sir Thomas Audley once Speaker of Parliament and after Lord Chancellor who being arrested was freed Which case was cited by King H. 8. himself * Statute de 23 H. 6. Cap. 15. 1 H. 5. Cap. 1. enact it Vide 38 H. 8. fol. 60. a. Dyer Vide Gul. Camd. Anno Regin Eliz. edit Lugdun Batavorum An. Dom. 1625. pag. 682.
divina Abbas Monasterii beatae Mariae sanctique Botolphi de Thorney subjectionem et fidelitatem omnimodas cum orationibus assiduis et devotis ad comparend ' pro me et nomine meo in Parliamento vestro coram vestra regia celsitudine vicessimo die Mensis Januarij prox ' futur ' post datum presens apud Westm ' favente gratia Spiritûs sancti felicitor inchoand ' Nè personali comparitione in eodem penes vestram regiam celsitudinem quoties opus sucrit excusand ' precipuè pretextu adversae valetudinis nostrae caeterisque ex causis justis veris et probabilibus quod interesse non valemus prout affectamus Qua proptervestrae Regiae humilitèr celsitudini supplicamus quatenus absentiam nostram personalem in hà c parte excusatam gratiose dignetur habere vestrae Clementia Majestatis et ut vestro Mandato in quantum possumus in omnibus pareamus Reverendos in Christo Patres Sancti Albani Sti ' Edmundi de Bury Sti ' benedicti de Ranisy et Sti ' Gutlaci de Coland ' Abbates conjunctim et divisim et corum quemlibet nostros veros et Legitimos procuratores Atturnatosque fideles tenore presentium constituimus et ordinamus promittens me ratum gratum et firmum perpetuo habiturum quicquid praedicti pro me et nomine meo fecerint vel alter fecerit in premissis seu aliquo promissor ' vestrae Regiae celsitudini humilitèr supplico quatenus absentiam meam personalem hac vice ex Regia mansuetudine habere dignemini gratiose excusatam In cujus Rei testimonium Sigillum nostrum Commune present ' est appensum Dat' apud Thorney praedict ' decimo quarto die Mensis Januarij An. Regni Regis Henrici Octavi Quinto Sometimes also the said Sickness or cause of Absence is Testified by Oath as appears in the Original Journal of the Upper House A. 6. H. 8. Feb. die 12. where James Marshal servant to the Lord Scroop made Affidavit of his Lord's detention by Sickness But even Anciently if the Parliament were to be Assembled by reason of some great and extraordinary occasion And that the King declared in his Writ of Summons that he would not admit of any Proxies ista vice then none did presume to send them but upon the King's Licence first obtained as appears ex Rotulo Parliamenti A. 6. Ed. 3. die 27. Januarij A. 22. Ed. 3. die 20. Novemb. A. 6. Ric. 2. die 2. Jan. ct A. 11. Ric. 2. die 20. Martij But of later times since the 38th year of H. 8. the Lords in their very Proxies do express their absence to be by the King or Queen's Licence and oftentimes the Clerk of the Upper House doth insert the Memorial of their return with their expression of their absence by the said Licence And in making of Proxies it hath always been at the free Choice and Election of a Spiritual Lord that sent the said Proxie to constitute some other Spiritual Lord or a Temporal Lord or both and so likewise mutatis mutandis hath the liberty been of a Temporal Lord although there appears but three Presidents thereof during her Majesties Reign of which the first was in A. 5. Regin Eliz. where William Bishop of Exeter constituted for his Proctor Francis Earl of Bedford And the second in A. eodem Regin ejusdem where Thomas Archbishop of York Constituted the Earl of Bedford his joynt Proctor with Richard Bishop of Ely and Rowland Bishop of Bangor And the third and last in A. 28. 29. Regin praedict ' where Hugh Bishop of Bangor did Constitute William Lord Burleigh Lord Treasurer of England his joynt Proctor with John Archbishop of Canterbury but in former time the Presidents of this nature are more frequent For there was so little observation kept in this kind as sometimes the Lords Spiritual and Temporal did Constitute the Judges and Barons of the Exchequer being but attendants on the House for their Proctors and sometimes Strangers as the Abbot of Selby in Edward the third's time Constituted John Goldale a Monk of that house and William R. Clerk his Proctors and these also were sometimes appointed Tryers of Petitions joyntly with the Lords as appears A. 14. Ed. 3. and sometimes Committees with the Lords prout patet ex rotulo Parliam ' de A. 14. Ed. 3. N. 13. 14. 18. These Animadversions being thus premised of Proxies in general now follow some others that concern the Particular Proxies foregoing and the residue that were returned at this Session on Saturday the 4th day of February ensuing and on Wednesday the 8th day and on Saturday the 18th day of March following and on Tuesday the 4th day of April ensuing And therefore in the first place it shall not be amiss to make remembrance that in the Journal of this Parliament I have caused the entry of all Proxies whatsoever as well ordinary as extraordinary to be Transcribed because it is the first Parliament of her Majesty whereas in most of the residue I have only caused those to be inserted into my Journals which were extraordinary and unusual And whereas the word Vacat is added at the beginning of the entrance of the return of the Proxie of Thomas Tresham Prior of St. Johns of Jerusalem in England as also before that of William Lord Euers which are before amongst others set down The reason of the first I cannot possibly Guess because neither the Archbishop of York to whom the said Thomas Tresham had sent his Proxie was himself absent nor the said Prior present nor dead before the return of his said Proxie as may easily be gathered but for the other it is plain that the Lord Clinton whom the Lord Euers did Constitute for his Proctor was absent at the beginning of this Parliament and did himself send his Proxie which is entred at the beginning of the Original Journal Book of the Upper House to have been returned on Saturday the 4th day of February although the word Vacat be prefixed also before the entrance of the return of the same because he afterwards came to the Parliament himself and served in Person in the Upper House the greatest part of the continuance thereof and from these examples may be gathered the true Causes both why and when a Proxie that is returned becometh void either when the Peer or Lord that sends the Proxie dies himself or comes to the House in Person before the end of the Parliament or that the Proctor or Proctors whom he constitutes do die or be otherwise absent and send their Proxies themselves for in this latter case those Proxies are to be repealed by the Lord Chancellor as there is a President for it in the end of the Original Journal Book of the Upper House A. 33. et 34. H. 8. in the case of Nevil Lord Latimer for though the absent Lord or Lords to whom the Proxie is directed do constitute other Proctors yet they cannot execute such Proxies as are
to the Bill for Explanation of the Statute against the ingrossing of Dead Victuals which had formerly passed the House of Commons and been sent up from thence to their Lordships engrossed in Parchment on Tuesday the 7 th day of this Instant March foregoing and so remained still the Bill of the same House did cause the said Proviso to be written in Parchment and annexed it to the Bill shewing the line and the place of the line where the Proviso should be put in and then their Lordships subscribed or endorsed under the superscription or indorsement of the House of Commons in the same Bill à ceste Bille avecque une provision annexe les Seigneurs sont assentus And so the Bill was delivered to the Queens Attorney and Sollicitor as aforesaid to be carried to the House of Commons But if the Lords had added any amendments to the foresaid Bill those ought to have been sent down to the House of Commons written in Paper Ut vide on Thursday the 16. day of February foregoing The Parliament continued and nothing done till Tuesday the 4. day of April and then the Bill that the Queens Majesty upon the avoidance of any Arch-Bishoprick or Bishoprick may exchange the temporal possessions thereof with Parsonages impropriate c. was read the first time And then the Parliament continued till the next day at nine of the Clock on which day were several Proxies both ordinary and extraordinary entred On Wednesday the 5. day of April the Bill for Leases to be made by spiritual persons was committed to the Duke of Norfolk the Earl of Rutland the Bishop of Carlisse the Lord Rich the Lord North the Lord Hastings de Loughborrow and the Abbot of Westminster ☞ Nota that this Bill had its second reading on Thursday the 23. of March foregoing and was not committed until this day of which there want not other Presidents during her Majesties Reign as on Monday the 13. day of February foregoing and on Thursday the 6. day of this Instant April ensuing The Bill whereby the Queens Majesty upon avoidance of any Arch-Bishoprick or Bishoprick may resume the temporal possessions thereof into her hands recompensing the value thereof with Parsonages impropriate c. was read the second time And then the Parliament continued till Thursday the 6. day of April on which day the Bill whereby the Queens Majesty upon the avoidance of any Archbishoprick may resume the Temporalties thereof recompencing the just value thereof with Parsonages impropriate c. was Order'd to be ingrossed ☞ Nota This Bill was read the second time yesterday and was not Ordered to be ingrossed until this day of which nature there want not other Presidents during her Majesties Reign where a Bill being read secunda vice on one day was referr'd to Committees on another ensuing Prout vide on April the 5. immediately foregoing But at this day it is the constant rule and observation of the Upper House that no Bill be either Ordered to be ingrossed or referr'd to Committees but upon that very day on which it is read And then the Parliament continued till next day at nine of the Clock The Bill giving Authority to the Queens Highness upon the avoidance of any Arch-Bishoprick or Bishoprick to take into her hands the temporal possessions thereof recompensing the same with Parsonages impropriate was read tertia vice conclusa dissentientibus Archiepiscopo Ehoracen Episcopis Londin Wigorn. Coven Exon. Cestren Carleol Abbat de Westm. And it was delivered to the Queens Sollicitor and Mr. Vaughan to be carried to the House of Commons And then the Parliament by several continuances continued and nothing done till Friday the 14. day of April on which day four Bills were brought up to the Lords from the House of Commons of which the first being the Bill against the deceitful using of Linnen the second that Craftsmen in Kent and Sussex shall inhabit in Towns near the Sea-Coasts and the third being to revive the Act of Parliament made Anno 5 Ed. 6. for keeping of Holydays and Fasting-days were each of them read prima vice And the fourth and last was the Bill for restoring to the Crown the Ancient Jurisdiction over the State Ecclesiastical and Spiritual and abolishing all Foreign Power repugnant to the same vid. touching this Bill on Saturday the 29 day of this Instant April ensuing And then the Parliament continued till next day at nine of the Clock And the Bill against deceitful using of Linnen-Cloth The Bill that Craftsmen in Kent and Sussex shall inhabit near the Sea Coasts And the Bill to revive the Act of Parliament made An. 5 Ed. 6. for keeping of Holydays and Fasting-days were each of them read secunda vice but no mention is made that they were Ordered to be ingrossed or referr'd to Committees because they had been sent from the House of Commons on yesterday foregoing The Bill lastly restoring the Ancient Jurisdiction over the State Ecclesiastical and Spiritual to the Crown and abolishing all Foreign Power repugnant to the same was read prima vice vide touching this Bill on Saturday the 29. day of this Instant April ensuing The Parliament continued till Monday the 17. of April And then the Bill against the deceitful using of Linnen-Cloth was read tertia vice conclusa dissentiente Com. Arundel And the Bill for the restitution in blood of Henry Howard and Katherine Wise unto the Lord Berkeley communi omnium Procerum assensu suit conclusa The Bill that Craftsmen in Kent and Sussex shall inhabit in Towns near the Sea-Coasts was read tertia vice rejecta The Bill lastly for restoring to the Crown the Ancient Jurisdiction over the State Ecclesiastical and Spiritual and abolishing of Foreign Power repugnant to the same was read secunda vice commissa Duci Norfolc Comiti Arundel Comiti Salop Comiti Wigorn. Comiti Rutland Comiti Sussex Comiti Bedford Vicecomiti Mountacute Episcopo Londin Episcopo Elien Episcopo Carleol Domino Admirallo Camerario ac Domino Rich Domino Hastings de Loughborrow ac Domino St. John de Blestoe vide concerning this Bill on Saturday the 29. day of this Instant April ensuing The Parliament by several continuances continued till Tuesday the 25. day of April at nine of the Clock in the Morning and then nine Bills were brought up to the Lords from the House of Commons of which the second was the Bill for Shipping in English Bottoms and the third and fourth touching Frizes called Pagaments and concerning the buying and selling of Horses within a certain time were each of them read prima vice The fifth was touching the Uniformity of Common-Prayer and Service in the Church and Administration of the Sacraments The sixth was touching Hexam and Hexamshire in the County of Northumberland The seventh to revive an Act made for killing of Rookes and Crowes The eighth was to make good Leases Grants of Offices and Copyholds made by Nicholas Ridley late Bishop of
as well of the said Francis as of the Bishop of Durham whom it concerned should on Saturday then next following be heard what could on either side be said in furtherance or disallowance of the same The Bill also for the Assurance of the Queens Majesties Royal Power over all States and Subjects within her Dominions was brought up to the Lords from the House of Commons On Monday the 22 th day of February two Bills had each of them one reading of which the first being the Bill of one Subsidy and two Fifteens and Tenths granted by the Temporalty was secunda vice lect but no mention is made that it was either Ordered to be ingrossed or referr'd to Committees because it had been formerly sent up to the Lords from the House of Commons On Tuesday the 23 th day of February the Bill of one Subsidy and two Fifteens and Tenths granted by the Temporalty was read tertiâ vice communi omnium Procerum assensu conclus and sent to the House of Commons by Serjeant Carus and Doctor Huicke Nota That this Bill of Subsidy after it had passed the Upper House was not by them altered or amended in any thing but only sent back again unto the House of Commons to whom it did most properly belong and is on the last day of the Parliament or Session of Parliament to be brought up by the Speaker of the said House as it was at this time on Saturday the 10 th day of April ensuing and presented unto her Majesty by Thomas Williams Esq Prolocutor of the said House at this present Session before she gave her Royal Assent to such Acts as passed On Thursday the 25 th day of February the Bill for the Assurance of the Queens Majesties Royal Power over all States and Subjects within her Dominions was read the first time On Saturday the 27 th day of February the Bill for Restitution in Blood of the Children of Thomas Cranmer late Archbishop of Canterbury and the Bill declaring the Authority of the Lord Keeper of the Great Seal of England and the Lord Chancellor to be one were each of them read prima vice Eight Bills were brought up to the Lords from the House of Commons of which the first being the Bill of one Subsidy and two Fifteens and Tenths granted by the Temporalty and the second against carrying over Sheep Skins and Pelts over the Seas not being Staple Ware were each of them returned conclus This day according to the Order formerly taken Sir Francis Jobson with his Counsel came before the Lords and by them declared ..... And no more is set down in the Original Journal-Book of the Upper House and by the negligence of the Clerk the matter is so left abruptly but it doth plainly appear that it was touching the Assurance of certain Lands which concerned the Bishop of Durham ut videas on Saturday the 20 th of this Instant February foregoing On Monday the first day of March two Bills of no great moment had each of them one reading of which the second being the Bill for the Restitution in Blood of the Sons and Daughters of the late Lord Hussey was read prima vice A Proviso to be annex'd to the Bill for the Assurance of the Queens Majesties Royal Power over all Estates and Subjects within her Dominions was read primâ secunda vice commissa ad ingrossand On Tuesday the 2 d day of March Ten Bills of no great moment had each of them one reading of which the first being the Bill for the Confirmation of a Subsidy granted by the Province of Canterbury and the second against such as sell Wares for Apparel without ready money to persons under two hundred pound Lands or Fees were each of them read prima vice The Bill also for Restitution in Blood of the Children of Thomas Cranmer late Archbishop of Canterbury was read secunda tertia vice conclus and was with the Bill for the Children of the Lord Hussey which had likewise this day passed the House upon the third reading sent to the House of Commons by Sir Richard Read and Serjeant Carus On Wednesday the 3 d day of March Three Bills had each of them one reading of which the last being the Bill for the Assurance of the Queens Majesties Royal Power over all States and Subjects within her Dominions was read tertia vice with certain Provisions thereunto annexed by the Lords which were thrice severally read conclus A Proviso annexed by the House of Commons to the Bill against forging of false Deeds was read prima secunda tertia vice commissa Domino Rich Domino Willoughby Primario Justiciario Banci Regii Justiciario Browne Quod Nota Because no Bill or Proviso is usually committed after the third reading On Thursday the 4 th day of March The Bill for the Restitution in Blood of Sir Ralph Chamberlain Knight and John Haleston Esq The Bill against such as sell Wares for Apparel without ready money to persons under two hundred pound Lands or Fees The Bill for the punishments of Vagabonds calling themselves Egyptians And the Bill for uniting of Churches within the City of Winchester were each of them read secunda vice but no mention is made that they were either Ordered to be ingrossed or referred to Committees because they had been formerly sent from the Lords The Bill also for Restitution in Blood of William West and the Bill for the Town of Southampton were each of them read the first time and thereupon committed to Justice Southcote Serjeant Carus and the Queens Attorney Nota That these two Bills last mentioned were not only committed after the first reading which is not usual till the second but also committed to meer Assistants which are not Members of the House and therefore in both respects the President is more rare and remarkable vide consimile on Tuesday the 26 th day of Jan. foregoing On Saturday the 6 th day of March The Bill for the Subsidy of the Clergy And the Bill for the Restitution in Blood of Edward Turner were each of them read tertiâ vice conclus commis Servienti Carus Ricardo Read in Domum Communem deferend Three Bills were brought up to the Lords from the House of Commons of which the first was the bill for avoiding of divers Foreign Wares made by Handy-crafts-men beyond the Seas and the second touching Badgers of Corn and Drovers of Cattle to be Licensed Three Bills lastly of no great moment had each of them one reading of which the first being the Bill for the further punishment of Vagabonds calling themselves Egyptians was read tertia vice conclusa dissentiente Comite Arundel On Monday the 8 th day of March Six Bills of no great moment had each of them one reading of which the third being the Bill against such as shall sell any Wares for Apparel without ready money c. The Bill declaring the Authority of the Lord Keeper
as aforesaid being placed at the South Door came in the House of Commons bringing in between Sir Edward Rogers Comptroller of the Queens House and Sir Francis Knolles Vice-Chamberlain M r Richard Onslow Esq the Queens Sollicitor whom they had Chosen for their Speaker and after a Reverence done proceeded after down to the Wall and from thence came up to the Rail in the way doing three Reverences and then began the said Speaker to say as followeth IF it please your Royal Majesty most Vertuous and most Excellent Princess At the humble Suit of the Knights Citizens and Burgesses of your nether House of Parliament now Assembled was signified from your Majesty by the mouth of the Lord Keeper by force of your Highness Letters of Commission your pleasure and grant of free Election to the Knights Citizens and Burgesses to chuse a fit and learned man to be their Speaker instead of Thomas Williams Esq their late Speaker whom it hath pleased God to call to his Mercy For which they have Commanded me in their Names to render unto your Majesty most humble thanks And have Commanded and forced me to my great grief to signifie to your Majesty how accordingly they have proceeded to an Election and chosen and assigned me as I may say being most unworthy to speak in this place for this Parliament and for that I would not be obstinate I am forced to wound my self with their Sword which wound yet being green and ☞ new your Majesty being the perfect Physician may Cure in disallowing that which they have allowed for that without your consent it is nothing And although I being very loth to trouble your Highness have made Suit and used all ways and means to avoid it yet could I find no remedy and therefore am driven to seek remedy at your hands for though I have the experience of their uprightness wisdom and knowledge which chose me who if they would have found any fault in me I would lightly have believed them notwithstanding that we are for the most part given to think too much of our selves but in this day that they seem to enable me to this calling whereof I know my self unable I cannot credit them no more than the simple Patient grievously tormented with sickness will believe the Physician nay the whole Colledge of them if they say he hath no grief pain or sickness I therefore do not attempt this releasing of me for any ease of my self but would be glad to serve your Majesty to the uttermost of my Power in the Office of Sollicitorship whereunto I am appointed and not in this being unfit for the same and that for divers Causes For first I consider I have to deal with many well Learned the Flower and Choice of the Realm whose deep understanding my Wit cannot attain to reach unto No if they for great carefulness would often inculcate it into my dull Head to signifie the same unto your Highness yet my Memory is so slippery by Nature and Sickness that I should likely lose it by the way yet if perhaps I kept part thereof I have no other knowledge to help my self withall but a little in the Law far inferiour to divers in this House and so should want Learning and Utterance to declare their meanings as it requireth specially when I consider your Royal Majesty a Princess endowed with so many Vertues Learning and flowing Eloquence it will abash and astonish me and therefore finding these infirmities and other in me I think my self most unworthy of this place I trust therefore only in your Highness that you will disallow this Election and the rather for that by the true intent of your said Letters it may not be gathered that they should elect any of your Majesties Officers for although the words be to have their free Election yet the Law may restrain them in some measure As for Example we find in the Law that if it would please your Majesty to grant Licence to a Dean and Chapter to purchase to them and their Successors a hundred pound yearly which words be generally yet if the purchased Lands be holden in Capite this grant is void And again if you grant the Fines and Amerciaments of all your Tenants to one who after chanceth to be Sheriff of a Shire yet being a Sheriff he cannot have them So this me seemeth if it please your Highness serveth my Case Another Cause is for want of substance to maintain this my Countenance but yet your Majesties goodness in this point stoppeth my Mouth for that I have none other living but in manner by you So for all these considerations and divers others as it shall please your Majesty to consider I humbly desire your Highness to disallow this Election Commanding them to repair again together and to chuse another more fit to serve the same And so he ended and did his Reverence Then the Queen called the Keeper declaring her opinion in Answering him who returning to his place said as followeth M r Onslow The Queens Majesty hath heard and well understood this disabling your self to this Office and doth well perceive your earnest Suit to be discharged of the same and for Answer hath Commanded me to say that she doubteth not but you very well understand that when one is chosen to serve the Common-Wealth it is not in him which is called who hath appointed him thereunto Also there is an old similitude that like as it appertaineth to the head to dispose every inferior member in his place so it pertaineth to the Queens Majesty being the Head to appoint every one in the Common-Wealth This being truth and her Majesty withal remembring your Fidelity and long Experience in Parliament matters and again being chosen by so learned and expert men thinketh therefore your fitness needeth not to be disputed here and therefore they giving unto you such Faith and Credit according to an Antient Custom she cannot but do the like and also you in disabling your self have abled your self and therefore she doth allow and approve this their Election nothing doubting her opinion in your ability to serve this turn and so ended M r Onslow's Answer SEeing that it hath pleased your Majesty to ratify this Election I to the uttermost of my power shall serve your Highness and this Common-Wealth but first my humble suit is that it would please your Majesty to accept my good will and the better to discharge my Duty towards them which have Chosen me that in great matters sent from them I may have access to your Majesty at times convenient as the weight shall require Secondly If by weakness I shall mistake the effect and meaning of the matters committed to me by the Knights Citizens and Burgesses and thereby against my will misreport them that then thereby this Common-Wealth may take no detriment but that I may confer again with them the better to understand their meaning and so with more words to utter the same unto
be not very usual yet there want not Presidents of the same nature as I was assured by Henry Elsing Esq at this time Clerk of the Upper House upon Friday the 16 th day of April 1630. and that especially in former times as of King Edward the third and others the Lord Keepers place was during his absence for the most part supplied by vertue of the Kings verbal Command and seldom by Commission October the 6 th Sunday On Monday the 7 th day of October An Act to make void fraudulent Gifts Bargains and Alienations made for the deceiving of Creditors was read primâ vice and committed to Justice Dyer Quod nota The Lord Treasurer continued the Parliament until the next day at nine of the Clock On Tuesday the 8 th day of October the Bill that no man killing any person by misfortune at twelve score or longer mark shall therefore forfeit his Lands Tenements or Goods was read primâ vice Dominus Thesaurarius continuavit praesens Parliament usque in diem Jovis prox horâ nonâ On Thursday the 10 th day of October Three Bills of no great moment had each of them one reading of which the last being the Bill that no man killing any person at twelvescore prick or longer mark shall forfeit his Goods or Chattels in which Bill for that it toucheth the Queens Prerogative it was thought not convenient to proceed further without her Highness pleasure first known in the same Dominus Thesaurarius continuavit praesens Parliamentum usque in diem Sabbati prox hora nona and so every sitting day until Friday the 25 th day of October exclusivè the Parliament was continued in this Form by the Lord Treasurer except Monday the 21 th day and Tuesday the 22 th day of October on both which days the House did sit and Bills were read but in the Original Journal-Book is no mention of continuing the Court by any person which seemeth to have happened by negligence of the Clerk and after the said 25 th day of October on which Sir Robert Catlin Knight Lord Chief Justice of the Kings Bench was appointed by her Majesties Commission to supply the place of the Lord Keeper during his Sickness it was continued until Saturday the 9 th day of November ensuing when Sir Nicholas Bacon Lord Keeper of the Great Seal repaired again to the Upper House and there continued his place till the Dissolution of this present Session of Parliament On Saturday the 12 th day of October Two Bills of no great moment had each of them one reading of which the first being the Bill against fraudulent Gifts of Goods and Chattels and also a remedy for Creditors against Bankrupts was Committed to the Lord Chief Justice Dyer and Justice Southcote to be by them considered against the next meeting Quod nota October the 13 th Sunday On Monday the 14 th day of October to which day the Parliament had been last continued by the Lord Treasurer Two Bills had each of them one reading of which the first being the Bill for the taking away of Clergy from Pick-Purses and Cut-Purses was read secundâ vice commissa ad ingrossand On Tuesday the 15 th day of October to which day the Parliament had been last continued by the Lord Treasurer Three Bills had each of them one reading of which the two first the one being the Bill to take away the benefit of the Clergy from certain Offenders for some Felonies for which by the Common Law they could not be denied it was read tertiâ vice communi omnium Procerum assensu conclusa And the other being a Bill for the Confirmation of Fines and Recoveries notwithstanding the fault of the Original Writ majore Procerum numero assentientium conclusa est And the said two Bills so concluded were committed unto the Queens Attorney and M r Martin to be carried down to the House of Commons On Wednesday the 16. day of October the Lords did meet in the Parliament Chamber and nothing done but the Parliament continued by the Lord Treasurer in usual Form until Thursday the 17. day of October On Thursday the 17. day of October Three Bills of no great moment had each of them one reading of which the first being the Bill to Naturalize John Stafford born beyond the Seas was primâ vice lect and the third being against fraudulent Gifts of Goods and Chattels and also a remedy against Bankrupts was by the consent of all the Lords concluded On Saturday the 19. day of October to which day the Parliament had been last continued on Thursday foregoing by the Lord Treasurer the Bill for the punishment of the negligence and false return of Writs by under-Sheriffs and Bayliffs was by common consent of the Lords concluded and with two other Bills before concluded was sent to the House of Commons by Serjeant Carus and the Attorney General On Monday the 21. day of October the Bill for annexing of Hexhamshire to the County of Northumberland was read primâ vice Two Bills were brought up to the Lords from the House of Commons viz. One to take the benefit of Clergy from certain Offendors returned exped And another to repeal a branch of a Statute made Anno 23 Hen. 8. touching prices of Barrells and Kilderkins On Tuesday the 22. day of October to which day the Parliament had been last continued two Bills of no great moment had each of them one reading of which the second being the Bill for the annexing of Hexhamshire to the County of Northumberland was read secundâ vice and committed to the Archbishop of York the Earl of Northumberland the Earls of Westmoreland and Bedford the Bishop of Durham the Bishop of Carlisle the Lord Evers the Lord Rich and the Lord North and to Justice Welsh and Serjeant Carus Nota That here a Judge being but an Assistant and a Serjeant being but an Attendant upon the Upper House are made Joint-Committees with the Lords Ut vide plus on Thursday the third day of this instant October foregoing Nota also That an Extraordinary Proxy is Entered in the beginning of the Original Journal-Book of the Upper House to have been introduced this day being as followeth viz. 22 die Octobris introductae sunt literae Procuratoriae Cuthberti Domini Ogle in quibus Procuratores constituit Franciscum Comitem Bedford Johannem Dominum Lumley This I call an Extraordinary Proxy in respect that a Temporal Lord did Constitute two Proctors whereas usually they nominate but one and the Spiritual Lords for the most part two and this Proxy of the Lord Ogle's may the rather seem unusual in respect that of sixteen Temporal Lords who were absent by her Majesties Licence from this Session of Parliament there was but one more viz. Francis Earl of Bedford ut vide on Saturday the 9. day of November following who Constituted above one Proxy It is also worth the noting that Robert Earl of Leicester being at this time a Favorite was
3. declares Ad omnem notitiam volumus pervenire quod de assensu Magnatum fidelium nostrorum words comprehensive of a Parliament precedent and future Authorities in the like Case considered acceptabimus ducere in uxorem legitimam Alianoram filiam nobilis viri P. Comitis Provinciae c. he having had once a purpose to Marry the King of Scots younger Sister Proposuit Rex sayes the Historian ducere in uxorem Regis Scotiae Sororem indignantibus Comitibus Baronibus suis universis non enim ut dixerunt decebat quod Rex duceret filiam natu minorem cum Hubertus Justiciarius meaning Hubert de Burgo natu majorem haberet sibi matrimonio copulatam 5. Edward the Second pro solempnitate sponsalium Coronationis Consulted with his Parliament in his first Year 6. And An. 5 E. 3. the Chancellor declaring the reasons of the Assembly of the Parliament amongst others tells them that it was to consult and resolve whether the King should proceed with France for recovery of his Seignories en voie de amiable trete per aliance de mariage ou de guerre 7. In the 23 d Year of H. 6. that great Favourite William de la Pole Marquess of Suffolk then Chancellor by the Kings Command informs the Parliament that the Marriage with Margaret the Sicilian Kings Daughter was Contracted for inducing the Peace made with France against which the Lords as being made without their advice made Protestation and caused it to be entred upon the Parliament Roll but it appears the Commons agreed to it by the Petition which they put up to the King whereby they recommended by the Chancellors Interest his Services and Actions praying his Grace to accept him to his gracious favour and good acceptance and that he was a great instrument of the intended Peace and Marriage which the Commons well liked of though the Lords did not 8. The Lords Spiritual Temporal and Commons tell the King that they had considered how that the pretended Marriage between E. 4. and Elizabetl Gray was made of great presumption without the knowledge and assent of the Lords of this Land 9. And in the Parliament 1 H. 7. the Commons by Thomas Lovell their Speaker did Petition the King to Marry Elizabeth Edward the Fourths Daughter which he at their request back'd by the Lords agreed to do the Memorial of which is thus recorded in the Parliament Roll. Memorand quod decimo die Decembris Anno praesenti Communes Regni Angliae in pleno Parliamento coram Domino Rege comparentes per Thomam Lovell Prolocutorem suum Regiae Celsitudini bumillime supplicabant eandem Celsitudinem assectuose requirentes co considerato quod authoritate Parliamenti stabilitum est inactitatum quod baereditates Regnorum Angliae Franciae cum praeeminentia potestate Regali sint restent remaneant permaneant in persona ejusdem Domini Regis haeredum de corpore suo legitimè exeuntium eadem Regalis sublimitas vellet sibi il lam praeclaram Dominam Elizabetham Regis Edwardi Quarti siliam in Uxorem Conthoralem assumere unde per Dei gratiam sobolium propagatio de stirpe Regum à multis speratarum in totius Regni consolationem consequeretur Quare Domini Spirituales Temporales in eodem Parliamento existentes à sedibus suis surgentes ante Regem in Regali solio residentem stantes capitibus suis inclinatis eandem requestam fecerunt voce divisa quibus idem Rex respondebat ore preprio se juxta eorum desideria requestas procedere fuisse contentum 10. Anno Domini 1530. Anno 21 H. 8. the Parliament sent a Declaration or Letter to the Pope touching the Marriage and Divorce of that King from Queen Katherine telling him that Causa Regiae Majestatis nostra cujusque propria est à Capite in membra derivata dolor ad omnes atque injuria ex aequo pertinet and that if his Holiness did not give his consent nostri nobis curam esse relictam aliunde nobis remedia conquiramus that is in plain English if the Pope would not do it they would which indeed afterwards they did To which Pope Clement the Seventh sent an Answer directed thus Venerabilibus fratribus Archiepiscopis Episcopis ac dilectis filiis Abbatibus Nobilibusque viris Ducibus Marchionibus Comitibus Baronibus Militibus ac Doctoribus Parliamenti Regni Angliae 11. The Marriage of King Philip and Queen Mary it is true was treated on before yet nothing could absolutely be concluded till the whole Treaty and Articles of Marriage were solemnly and solidly debated in Parliament which being agreed to they confirm and establish them by a Law 12. We your Majesties most humble Subjects cannot forbear but with all humbleness most thankfully to set before the same our most lowly thanks for three special matters proceeding from your Majesty to our benefit joy and comfort in this present Assembly First For the more Princely consideration had of us in the forbearing at this time some portion of that which according to the greatness and necessity of your Affairs we of Duty meant and intended to have yielded unto your Majesty Secondly For the most comfortable assurance and promise by your Majesty made and declared unto us that for our Weal and Surety your Majesty would Marry as soon as God should give you opportunity to accomplish the same whereof we have received infinite comfort and shall pray to Almighty God to further and prosper all your Majesties Actions tending thereunto that we your most natural Subjects may speedily see some noble Issue of your Body to continue perpetually by Descent the Succession of this Imperial Crown Thirdly For the great hope and comfort we have conceived by the means of your Majesties most Honourable Speech uttered and declared unto us of your most Gracious and Princely Disposition and determination when time thereunto shall serve conveniently with the Surety of your Majesties Person and the Weal and Tranquillity of your Realm to have due regard to the further establishing of the Succession of your Imperial Crown Quod omnes tangit ab omnibus approbetur THE JOURNAL OF THE House of COMMONS The Journal of the Proceedings of the House of Commons in the Session of Parliament bolden at Westminster An. 8 Reg. Eliz. A. D. 1566. which began there after divers Prorogations of the same on Monday the 30 th of September and then and there continued until the Dissolution thereof on Thursday the 2 d day of Jan. An. 9 Reg. ejusdem THIS Journal of the House of Commons in this present Session of Parliament de An. 8 Regin Eliz. is not only replenished with excellent matter touching the usual Orders and Liberties of the House but also enriched with the unusual Election of a new Speaker and with the extraordinary agitation of those two great businesses touching her Majesties Marriage
had notice that divers of the Lords Spiritual and Temporal with Sir Nicholas Bacon Knight Lord Keeper of the Great Seal of England were Assembled in the Upper House and expected their repair thither they presently went up unto the Lords where the Lord Keeper shewed forth a Commission from her Majesty under the Great Seal of England directed unto him which he Commanded the Clerk openly to read Which said Commission as also the greatest part of the foregoing days passages are transcribed out of the Original Journal-Book of the Upper House and inserted here as into the due and proper place Which very things were in part also mentioned in the Original Book of the House of Commons with the passages of this present Tuesday although in both I have not omitted to supply some things my self which might easily be gathered by the comparing of several things together The Tenor of the said Commission ensueth verbatim ELizabeth by the Grace of God Queen of England France and Ireland Defender of the Faith c. To our right Trusty and right well Beloved Chancellor Sir Nicholas Bacon Knight Lord Keeper of our Great Seal of England Greeting Where in the beginning of this present Parliament holden at Westminster the 12 th day of January in the fifth Year of our Reign the Knights Citizens and Burgesses being Assembled in the same Year in the same Parliament were Commanded by us to go to their accustomed place and there to chuse among themselves one to be their Speaker according to their accustomed manner whereupon the same Knights Citizens and Burgesses did Elect and chuse one Thomas Williams Esq to be their Speaker and the same their Election did afterwards certifie unto us which we did allow and ratifie since which time this our present Parliament hath been continued by divers Prorogations until the 30. of September in this present eighth Year of our Reign at which day the Lords Spiritual and Temporal and also the said Knights Citizens and Burgesses being Assembled for this present Parliament at Westminster in their accustomed places the said Knights Citizens and Burgesses have declared unto us that the said Thomas Williams since the last Session of this present Parliament is dead And thereupon have made their humble Suit and Petition unto us that they might have Licence and Commandment from us to proceed to elect among themselves one other to be their Speaker for the rest of this present Parliament yet to come Wherefore We having certain and perfect knowledge that the said Thomas Williams is dead as they have alledged and considering their humble Petition and Request very meet and necessary to be granted have appointed and Constituted you and by these Presents We do Will Command Constitute and Appoint you for us and in our Name to call the said Knights Citizens and Burgesses before you and other the Lords Spiritual and Temporal Assembled in this our present Parliament in the Higher House of our Parliament at Westminster and there for us and in our Name to Will and Command the said Knights Citizens and Burgesses to resort to their accustomed place and there to Elect and chuse amongst themselves one sufficient and able person to be their Speaker for the rest of this present Parliament to come And after they have so made their Election that then three or four of them for and in all their names shall signifie the same unto us And thereupon we will further signifie our pleasure unto them what day and time they shall present the person Elected before us as heretofore hath been in like cases accustomed to be done wherefore our Will and Pleasure is that you do diligently attend about the doing of the premises and execute the same with effect In Witness whereof we have caused these our Letters of Commission to be Sealed with our Great Seal of England Witness our Self at Westminster the first day of October in the Eighth Year of our Reign The residue of this Days Passages follows out of the Journal of the House of Commons As soon as the said Commission had been read the Knights Citizens and Burgesses and Barons of the House of Commons departed into their own House where Sir Edward Rogers Knight Comptroller of her Majesties Houshold declared unto them that for as much as Richard Onslow Esq her Majesties Sollicitor General was a Member of their said House being Elected a Burgess for the Borough of ..... in the County of Sussex they would use some means to have him restored unto them who as yet attended in the Upper House to join with them in their Election of a Speaker And thereupon notice thereof being given to the Lords of the Upper House upon Consultation had amongst them the said M r Onslow was sent down with the Queens Serjeant at Law M r Carus and M r Attorney General to shew for himself why he should not be a Member of this House who alledging many weighty reasons as well for his Office of Sollicitor as for his Writ of Attendance in the Upper House was nevertheless adjudged to be a Member of this House And thereupon proceeding to the Election M r Comptroller nominated M r Onslow to be Speaker who humbly disabled himself as well for non-ability of substance meet for that place as also for his Oath made to the Queens Majesty and required them to proceed to a new Election upon whose Arguments the House was divided and the number to have him Speaker was eighty two and the contrary was sixty And immediately M r Comptroller and M r Vice-Chamberlain brought him from his place to the Chair and there set him down On Wednesday the second day of October between three and four of the Clock in the Afternoon the Knights Citizens and Burgesses of the House of Commons repaired to the Upper House having notice that her Majesty with the Lords and divers others were already set in the said House expecting their coming where Richard Onslow Esq their Speaker Elect was led up to the Rail or Bar at the lower end of the said House between Sir Edward Rogers Knight Comptroller of her Majesties Houshold and Sir Francis Knolles Knight her Highness Vice-Chamberlain and so presented unto her Majesty where having disabled himself in many respects he was notwithstanding allowed by her Majesty by the Mouth of the Lord Keeper After which having desired free access to her Highness and pardon for himself if he should in any thing unwittingly fail or mistake the Lord Keeper by her Majesties Commandment declared her full Assent to the said particulars And thereupon the said Speaker being now compleatly and perfectly invested in his place departed back with the residue of the House of Commons unto their own House where according to the usual Form one Bill had its first reading viz. The Bill how Sanctuary-persons shall be compellable for payment of their Debts Nota That the Passages of this Afternoon containing in them the manner of the Presentment and Allowance of
the Speaker were in part transcribed out of the Original Journal-Book of the House of Commons and in part out of a certain Anonymous Memorial I had by me containing the foresaid matters at large in both which it doth appear directly that the said Richard Onslow Esq her Majesties Sollicitor General now Speaker of the said House did contrary to all former and latter Presidents only Petition her Majesty in behalf of the House for free access and did very ignorantly omit or carelesly forget to mention those two other antient and undoubted Priviledges of the same House viz. Liberty of Speech and Freedom from Arrests for themselves and Followers or else perhaps he thought and conceived that those said rights of the House were so evident and unquestionable as they needed no further Confirmation And doubtless whatsoever the said M r Onslow conceived yet the Event at this Session of Parliament notwithstanding his omission made it most clear for those two great businesses of her Majesties Marriage and declaring a Succeslor coming into agitation at this time M r Mounson M r Bell M r Paul Wentworth and others used so great Liberty of Speech as I conceive was never used in any Parliament or Session of Parliament before or since Nor were they any less zealous to maintain and preserve that their other priviledge of freedom from Arrests omitted likewise by the said M r Onslow when occasion was offered than at any other time A motion sinally was made this day by Sir William Cecil her Majesties Principal Secretary that one Hen. Green Burgess for Hereford was come up to attend and that the Plague was in the said Town at his coming away and thereupon it was Ordered by the House that he should not come thither but have Licence to depart It was Ordered that the House should be called upon Friday next This day M r Speaker took the Oath which I conceive was the Oath of Supremacy in such form and manner as other Members of the House have it administred unto them saving only that he takes it in the presence of the House On Thursday the third day of October were divers Arguments made touching the Oath which the new Burgesses Elected in such places as were void since the last Session in An. 5 Regin Eliz. should take being as I conceive the same Oath of Supremacy which the other Burgesses had taken at the beginning of the foresaid Session in the fifth year of her Majesty And at last it was fully resolved by the said House that they should take the said Oath accordingly And M r Comptroller of her Majesties Houshold was appointed to Minister the said Oath unto them Ut vide in die Veneris jam proximè sequente vide Oct ob 8. Tuesday postea This day the Clerk of the House and Serjeant at Arms took the Oath which was doubtless that of Supremacy but how this should happen that the Clerk of the House should take the same I cannot guess For he being an Officer for Life taketh the same only at his first coming into the said place and never after And at this Session of Parliament ..... Seymor Esq continued in that place which he had held many years before and the first Parliament in which Fulk Onslow Esq his Successor did serve was in the next following in Anno 13 Regin Eliz. M r Thomas Broomly being Elected both a Burgess for the Borough of Guildford in the County of Surrey and one of the Knights for London upon his Election to stand for Guildford it was resolved by the House that a new Writ should go out for the Choice of another Knight to be returned for London The long Bill touching Informations with costs for the Defendant was read the first time and the Bill touching Sanctuaries was read the second time and committed as it seemeth to M r Recorder and others On Friday the 4 th day of October the Bill for Answering the Queens Majesties Revenues in the hands of Receivers was read the first time Sir Francis Knolles her Majesties Vice-Chamberlain declared unto the House that the Deputy to the Lord Steward by the Constitution of the Queens Majesties Houshold is taken to be M r Treasurer or M r Comptroller and the Oath to be taken before one of them and that the Queens Majesty hath appointed Sir Edward Rogers Knight her said Comptroller to take the Oath at this time usually accustomed to be administred of the Knights and Burgesses as Lord Steward for that purpose Nota That there being at this time no Lord Steward of her Majesties Houshold it is here said which is worthy much observation that by the constitutions of the Queens Houshold when there is no Lord Steward the Treasurer or Comptroller of her said Houshold are taken to be of common usage and course his Deputy to all intents and purposes Nota also That none of the Knights or Burgesses which had been present at the first Session of this Parliament in an 5 Regin Eliz. and had then taken the Oath of Supremacy did now take it again but only such of them who had been newly Elected and returned for places void since the ending of the said first Session as see more at large on Tuesday the 8 th day of this instant October following The House was appointed to be called on Monday next at eight of the Clock The Bill touching informations upon penal Statutes with costs for the Defendants was read the second time and committed as it seemeth to Sir Nicholas Throgmorton and others On Saturday the 5 th day of October the Bill for Answering the Queens Majesties Revenues in the hands of Receivers was read the second time and committed as it seemeth to M r Vice-Chamberlain and others The new Bill also to avoid Sanctuaries for Debt was read the first time And lastly The long Bill of Apparel as well for temporal men as spiritual and also for Women was read the first time and was thereupon as it should seem committed unto M r Comptroller and others to consider of it On Monday the 7 th day of October the new Bill to avoid Sanctuaries for Debt was read the second time and Ordered to be ingrossed After which upon Allegations made for the exemption of the Sanctuary of Westminster by the Dean thereof a day was given unto him on Friday next at nine of the Clock to attend in the House with his Learned Councel to shew cause why the said Sanctuary should be exempted Vide also touching this matter on Wednesday the 16 th day of this instant October Christopher Haies a Merchant of London made suit to come into the House to put them in remembrance of some matters of weight and being heard thanks were given him for his Motion but what the said Motion was through the Clerks great negligence is wholly omitted neither is it possible to gather by the Journal-Book it self to what end it tended although it may not improbably be conjectured that it was touching
without a Head thus do therefore it resteth that you according to your antient Order of your selves chuse some wise and discreet man who after he hath been by you chosen and presented and that presentation by the Queens Majesty allowed shall then be your Speaker and Day is given c. This Speech being thus transcribed out of the Copy I had of it as is aforesaid now follow the names of the Receivors and Tryors of Petitions out of the Original Journal-Book of the Upper House which the Clerk of the same readeth in French as soon as the Lord Keepers Speech is ended and which were as followeth Receivors of Petitions for England Ireland Wales and Scotland Sir Robert Catlin Knight Chief Justice of the Kings-Bench Sir William Cordell Knight Master of the Rolls Sir John Widdon Knight one of the Justices of the ----- Sir Richard Read K t one of the Justices of the ----- and D r Huick and they that will deliver Petitions are to deliver the same within six dayes next ensuing Receivors of Petitions for Gascoigne and other Lands beyond the Seas and the Isles Sir James Dyer Knight Chief Justice of the Common-Pleas Sir Edward Sanders Knight Lord Chief Baron Richard Weston one of the Justices of the ----- John Southcott one of the Justices of the ----- Doctor Lewis Doctor Yale and Doctor Vaughan and they that will deliver Petitions are to deliver the same within six days next ensuing Triors of Petitions for England Ireland Wales and Scotland The Archbishop of Canterbury the Earl of Oxford the Earl of Sussex the Earl of Huntington the Earl of Bedford the Bishop of London the Bishop of Winchester the Bishop of Ely the Lord Howard of Effingham Lord Chamberlain of the Queens House the Lord Windsor and the Lord North. All these or four of them calling unto them the Lord Keeper of the Great Seal and the Treasurer and the Queens Serjeants when need shall require shall hold their place in the Chamberlains Chamber Triors of Petitions for Gascoigne and other Islands beyond the Seas The Archbishop of York the Earl of Lincoln Lord Admiral of England the Earl of Leicester the Earl of Essex the Bishop of Worcester the Bishop of Lincoln the Bishop of Rochester the Lord Burleigh Principal Secretary the Lord Wentworth the Lord Buckhurst All they or four of them calling to them the Queens Serjeants Attorney and Sollicitor when need shall require shall hold their place in the Treasurer's Chamber Hodiè retornatum est breve Dom. Reginae quo Henricus Compton de Compton Chevalier praesenti Parliamento interesse summonitus est qui praesens admissus est ad suum praeheminentiae sedendi in Parliamento locum salvo cuique jure suo And two other Writs were returned in like manner by which Henry Cheyney of Toddington and Henry Lord Norris of Ricott were Summoned to be present this Parliament who were accordingly admitted to their due places saving to all others their right Nota That there is no entrance in the Original Journal-Book of the Upper House of any Continuance or Adjournment of the Parliament by the Lord Keeper which doubtless happened through the great negligence of Anthony Mason Esq at this time Clerk of the said House There were also divers Proxies returned on this present Thursday being the 8 th day of May but whether before or after the Continuance of the Parliament appeareth not in which two Spiritual Lords Constituted each of them two Proctors apiece according to the usual and frequent manner and are therefore omitted but four other Bishops nominating either three Proctors apiece or but one which is somewhat extraordinary therefore they are here inserted Die 8 o Maij introductae sunt literae Procuratoriae Hugonis Episcopi Landaven in quibus Procuratores suos constituit Nicolaum Wigorn. Richardum Meneven Nicolaum Bangoren Episcopos Eodem die introductae sunt literae Procuratoriae Jacobi Dunelmensis Episcopi in quibus Procuratorem suum constituit Edmundum Archiepiscopum Ebor. Eodem die introductae sunt literae Procuratoriae Johannis Herefordensis Episcopi in quibus Procuratores suos constituit Matthaeum Cantuariensem Archiepiscopum Edwin London Nicolaum Wigorn. Episcopos Eodem die introductae sunt literae Procuratoriae Thomae Assavensis Episcopi in quibus Procuratores suos constituit Robertum Wintonien Nicolaum Wigorn. ac Nicolaum Bangoren Episcopos Now although it be most usual for the Spiritual Lords to name two Proctors yet here four of six varied from it three of them exceeding that number and the other nominating but one It is likewise as usual for the Temporal Lords to Constitute but one Proctor and it is an Action worthy observation where they nominate more for in this very Parliament of fifteen Temporal Lords that sent Proxies but one nominated two Proctors which see afterwards on Monday the 12 th day of this instant May following and all the rest Constituted but one Proctor apiece which being trivial and ordinary are omitted Nota Also that the Earl of Leicester had this Parliament eight Proxies sent unto him viz. from George Earl of Shrewsbury Edward Earl of Darby Henry Lord Scroop Edward Lord Dudley Anthony Viscount Mountacute Gregory Lord Dacres William Lord Sands and Edward Earl of Lincoln all which seem to have been returned on Monday the 12 th day of this instant May in such order as they are here set down Nota That the Lord Burleigh also Principal Secretary to her Majesty had six Proxies sent unto him this Parliament viz. from John Marquess of Winchester Henry Lord Hunsdon Thomas Lord Buckhurst John Lord Latimer Edward Earl of Lincoln who made also the Earl of Leicester his joint Proctor with him and Robert Lord Rich. These also are set down in the Journal-Book to have been returned the 12 th day of May in such order as they are here set down but now by a late Order made in the Upper House an 2 do Caroli Regis no Lord is capable of above two Proxies Nota That in the Original Journal-Book of the Upper House it doth not appear at all whether her Majesty or any of the Lords were present on Saturday following being the tenth day of this instant May it appearing plainly that neither House sate on Friday the 9 th day of the same nor what was done thereon and therefore the Passages of the same are supplied out of the Original Journal-Book of the House of Commons On Saturday the 10 th day of May in the Afternoon her Majesty being come to the Upper House with divers of the Lords Spiritual and Temporal being there also set and the Knights Citizens Burgesses and Barons of the House of Commons having notice repaired thither with Robert Bell of the Middle-Temple London Esq their Speaker Elect who was led up unto the Rail or Bar at the lower end of the said Upper House by two of the most Eminent Personages of the Commons and presented to her Majesty whom she allowed and Confirmed
from the House of Commons than the negligence of the Clerk of the Upper House in respect that it is easie to be conjectured that this foregoing Bill was either Ordered to be ingrossed or recommitted to the former Committees whose names see on Monday the 12 th day of this instant May foregoing On Friday the 16 th day of May the Bill against Forging and Counterfeiting of Foreign Coin being not currant within the Realm was read prima vice On Saturday the 17 th day of May the Bill against Forging and Counterfeiting of Foreign Coin being not currant within the Realm was read secunda vice commissa ad ingrossand The Bill against corrupt Presentations was read secunda vice commissa Comiti Huntington Com. Bedford Episcopo Wigorn. Episcopo Wintonien Domino Grey Domino S t John de Bletsoe Vide concerning this Bill on Saturday the 31 th of this instant May following The Bill also for the annexing of the Jurisdiction of Dorset to the See of Sarum was read prima vice commissa Archiepiscopo Cantuar. Archiepiscopo Ebor. Comiti Bedford Comiti Pembroke Vice-Com Bindon Episcopo Wigorn. Episcopo Exon. Episcopo Lincoln Episcopo Roffen Domino Mountjoy Domino S t John Domino Chandois The Bill lastly for punishment of Vagabonds and relief of the Poor was read tertia vice conclusa May the 18 th Sunday On Monday the 19 th day of May to which day the Parliament had been last continued The Bill for the punishment of Vagabonds and relief of the Poor was delivered to Doctor Lewes and Doctor Vaughan to be carried to the House of Commons The Bill also against Forging and Counterfeiting of Foreign Coin being not currant within the Realm was read tertia vice and sent to the House of Commons by Doctor Yale and Doctor Huick The Bill lastly for punishment of such as shall rebelliously take or detain from the Queens Majesty any Castle Tower Fortress Ship or other Munition of War was read prima vice On Wednesday the 21 th day of May to which day the Parliament had been on Monday last continued three Bills were brought up to the Lords from the House of Commons of which the first being the Bill that the Tenant and Defendant may have a Tales de circumstantibus and the second against the deceit of Under-Collectors of the Tenths and Subsidies of the Clergy were each of them read prima vice On Thursday the 22 th day of May introducta fuit Billa nova touching corrupt Presentations prima vice lecta Six other Bills of no great moment had each of them one reading of which the third being the Bill touching corrupt Presentations another that the Tenant and Defendant may have a Tales de Circumstantibus as well as the Demandant or Plaintiff and the last being the Bill against deceits of Under-Collectors of the Tenths and Subsidies of the Clergy were each of them read secunda vice but no mention is made that they were either Ordered to be engrossed or referred to Committees because they had been sent to their Lordships from the House of Commons the day foregoing On Friday the 23 th day of May Two Bills of no great moment had each of them one reading of which the first being the Bill against deceits of Under-Collectors of the Tenths and Subsidies of the Clergy was read tertia vice conclusa Three other Bills also were each of them read secunda vice commissae ad ingrossand of which the third was the Bill against such as shall conspire or practice the enlargement of any Prisoner committed for High-Treason c. On Saturday the 24 th day of May Two Bills of no great moment had each of them their third reading and passed the House of which the second was the Bill against such as shall conspire or practise the enlargement of any Prisoner committed for High-Treason The Bill that the Tenant or Defendant may have a Tales de Circumstantibus as well as the Demandant or Plaintiff was sent to the House of Commons by Serjeant Barham and Doctor Huick Five Bills also were brought up to the Lords from the House of Commons of which the last was the Bill for the inserting of the Mannor of Havering at Bowre in a blank and void place in certain Letters Patents of the late King Edward the Sixth made unto certain persons of certain Lands and Tenements in the County of Essex On Wednesday the 28 th day of May Six Bills of no great moment had each of them one reading of which the fourth being the Bill touching Fine and Recoveries was read secunda vice commissa Comiti Rutland Comiti Suff. Comiti Huntington Domino Wentworth Domino North Domino primario Justiciario Com. Placitorum primario Baroni Scaccarii Justiciario Wray Nota That here the Judges who are but Assistants unto the Upper House are made joint Committees with the Lords The Bill of Wood which had been read prima vice on Monday the 12 th day of this instant May foregoing and then committed to those whose names are there set down was now recommitted to the Archbishop of Canterbury the Earl of Sussex the Earl of Huntington the Earl of Bedford the Earl of Leicester the Bishop of Worcester the Bishop of Chichester the Lord Chamberlain the Lord Burleigh the Lord Wentworth the Lord Chandois the Lord Norris the Master of the Rolls Justice Weston Justice Southcott and M r Serjeant Barham But whether this Bill had its second reading at this present or upon some other day foregoing doth not certainly appear but seemeth to have been omitted through the negligence of Anthony Mason Esq at this time Clerk of the Upper House Neither do there want Presidents that Bills after the first reading have been referred to Committees when there hath been no mention made of any second reading nay sometimes when the Bill hath had its second reading on a former day as it was in the Bill for the Commission of Sewers referred to Committees on Saturday the 21 th day of April in the Parliament de an 13 Regin Eliz. in the Journal of the Upper House it is afterwards committed and sometimes it is committed when it hath its second reading at an after-day as it was at this present Journal in the Bill touching Tunbridge-School on Monday the 9 th day of June ensuing For the great matters touching the Scottish Queen which had been referred to Committees on Monday the 12 th day of this instant May foregoing were appointed these Lords viz. The Archbishop of Canterbury the Earl of Sussex the Earl of Leicester the Bishop of Lincoln the Lord Burleigh and the Lord Grey Vide touching this matter on Tuesday the 10 th day of June next ensuing On Thursday the 29 th day of May the Bill for the annexing of Hexham and Hexamshire c. was sent up to the Lords from the House of Commons The Bill for the inserting of the name of the Mannor of Havcring at Bowre in a
of Burroughs and Barons of the Ports did appear and sit down in the House of Commons but the number of them was not great partly by reason of sundry former Prorogations of the same Session made so near unto the days thereof appointed and partly also for that many of the Knights Citizens Burgesses and Barons since the last former Sessions were changed some by Death and some by other occasions and new returned in some of their places and in some others none which now could not sit in the House till they had first taken the Oath for acknowledging the Queens Highnesses Supremacy over all Estates within her Majesties Realms and Dominions which as then was not done neither could then be done because there was then no Lord Steward at all named or appointed for that purpose according to the form of the Statute in that case made and provided And being so set Sir Francis Knolles Knight Treasurer of her Majesties most honourable Houshold stood up and putting the House in remembrance as well of the Death of Sir Robert Bell K t late Lord Chief Baron of her Highness Exchcquer their Speaker since the last Session by reason whereof the House was then without a Speaker and could not therefore proceed in any thing as also of some course to be taken for procuring her Majesties Commandment to chuse another Speaker he declared unto them that as it was well known by often experience and usage that at the first Summons or beginning of a Parliament the Order is in that case to sit still till the House be sent for to the Upper House there to receive her Highness Commandment to chuse a Speaker so was it now uncertain what Order should be used when a Speaker dying after a former Session Prorogated a new is to be chosen in another Session ensuing holden by such Prorogation in which Case he said there were not many Precedents to his knowledge albeit yet one within our Memory which was in the eighth year of her Majesties Reign when Richard Onslow Esquire the Queens Majesties Sollicitor was chosenSpeaker in that Session de an 8 Reginae Eliz. which made but one and the same Parliament with the former Session held in Anno 5 Reginae ejusdem in which Thomas Williams Esq had been Speaker and died before the said second Session held by Prorogation in the said eighth year of the Queen he offered a Copy of that precedent but because M r Fulk Onslow the Clerk was present sitting as Clerk and had there his Original Book of notes out of which the said Copy was taken he was Commanded to read it out of his Book which was to this purpose But in respect it is omitted both in the foul Copy which Fulk Onslow now Clerk of the House of Commons took concerning the Passages of this Session of Parliament fol. 1. a. and also in the fair written or perfected Copy of the Journal of this said Session out of both which this present Journal is collected and enlarged fol. 106. b. therefore it being a Precedent useful I have supplied it out of the Original Journal-Book of the Upper House in the Parliament de Annis 8 9 Reginae Eliz. Anno Domini 1565. in manner and form following viz. That on Monday the 30 th day of December in the eighth year of the Reign of Queen Elizabeth a new Session of Parliament being holden by Prorogation at Westminster and the Knights Citizens and Burgesses according to their usual Order and Custom meeting thereupon in the House of Commons did there find that Thomas Williams Esq their late Speaker in the first Session of this Parliament holden in the fifth year of the said Queen Eliz. was dead and that the said Commons falling by that means into Consultation what course was fittest to be taken in respect that until a new Speaker was chosen no business could be Entred upon or expedited in the said House did at length all resolve as the best course to send certain of the most eminent Personages being Members of the said House up unto the Lords to desire likewise their advice and assistance in whatsoever their Lordships in that Case should think fittest to be done And thereupon their Lordships joining four Members of their House with four more of the House of Commons did advise that with all humbleness and speed they should all jointly repair to her Majesty and make intimation of their said Estate and so further desire to know her pleasure therein And her Majesty did accordingly most graciously on the next day being Tuesday the first day of October send her Commission under the Great Seal of England directed unto the Lord Keeper by which the said Knights Citizens and Burgesses of the House of Commons were Authorized to Elect and chuse a new Speaker which accordingly they did and thereupon presented him being Richard Onslow Esquire the Queens Sollicitor on the very next day following being Wednesday the second day of October But notwithstanding this precedent some were of opinion although they did not utter it because they supposed themselves not warranted to treat of any thing much less of any dealing with the Upper House without a Speaker or without her Majesties Commandment that this was the only precedent that could be shewed in such manner of proceeding and was but an innovation and not warranted upon good grounds but rather subject to inconvenience and peril So first they thought it was a breach of Duty to the Queen that we should enter into that or any other Consultation before her Majesties Pleasure known touching a Speaker Item there was no warrant to resolve us any thing so that there was no person to take the Voices or moderate the Consultation Item those who should go on such Message could have no good warrant to deliver it in the name of the House when the House could treat of nothing Item it had some inconvenience of drawing a special Prerogative to those of the House that were of her Majesties Councel from the rest of the House Item it had greater peril of precedent to draw the Petitions of the House to her Majesty to be done by mediation of the Upper House and they thought it to stand much in duty and humility to the Queen not to presume to make such Petition or to make difference in proceeding upon a Parliament newly Summoned and a Session of Parliament held by Prorogation as it is used upon new Summons so to sit still in all humility expecting that the House should be sent for to the Upper House there to receive her Majesties Pleasure and Commandment to chuse a Speaker which her Pleasure might either be delivered by the Lord Chancellor in her Majesties Presence or in her absence by Commission as in Cases of Prorogations and such like doings is used And for that it might be doubted how her Majesty should have notice that the Speakers place was void it was to be Answered that the House it self judicially hath
in some such matters as he hath favoured hath without Licence of this House spoken to the Bill and in some other Cases which he did not favour and like of he would prejudice the Speeches of the Members of this House with the Question On Friday the 17 th day of March the Bill for maintenance of Mariners and of the Navigation was read the third time The Bill against seditious words and rumors uttered against the Queens most Excellent Majesty which passed in this House yesterday was sent up to the Lords by M r Treasurer and all the residue of the Privy-Council being of this House and then present with others and also the Bill for the Borders wherein their Lordships are to be moved for the perfecting only of the sence in some parts of their Amendments that this House may proceed to their further dealing in the said Bill accordingly M r Serjeant Anderson and M r Doctor Gibbon did bring from the Lords again the Bill for the Borders amended according to the request of this House with Commendation also from her Majesty from the Lords of the Bill for the maintenance of Mariners and of the Navigation Whereupon the amendments being finished and three times read and passed upon the question the Bill was remanded unto their Lordships by M r Comptroller and others together with the Bill against deceitful stuff used in dying of Cloths wherein their Lordships are to be moved for the perfecting of some part of their Lordships Amendments sent by them to this House viz. the mistaking of a line in the Bill to the end that the same being done this House may proceed in perfecting of the said Bill accordingly in the said amendments M r Chancellor of the Exchequer M r Henry Ratclyffe Sir Thomas Sampoole M r Aldersey M r Wroth M r Cromwell Mr. Norton Mr. Alford and Mr. Grice were appointed to consider presently in the Committee Chamber of the Bill for maintenance of Mariners and of the Navigation The Bill for the Lord Zouch was read the third time M r Comptroller returning from the Lords brought word from their Lordships that they do add some amendments to the Bill against seditious words and rumors uttered against her Majesty and did pray that when their Lordships shall now forthwith send down the same Bill and amendments to this House it may then have speedy Expedition and did eftsoons recommend unto this House the Bill for maintenance of Mariners and of the Navigation Mr. Doctor Lewes and Mr. Doctor Clark did bring word from the Lords that their Lordships do pray present Conference with half a score of this House touching the Bill against seditious words and rumors uttered against her Majesty And thereupon were appointed Mr. Treasurer Mr. Comptroller Mr. Chancellor of the Exchequer Mr. Vice-Chamberlam Sir Thomas Sampoole Mr. Doctor Dale Master of the Requests Mr. Recorder of London Mr. Cromwell Mr. Cowper and Mr. Alford to confer with their Lordships accordingly Vide concerning this matter on Wednesday the first day of February foregoing M r Doctor Lewes did bring from the Lords the Bill for abolishing certain deceitful stuff used in the dying of Cloths with the reformation in their Lordships said amendments done and made according to the Request of this House to their Lordships in that behalf It is Ordered upon the Question that the Bill for the Lord Zouch be committed to be reformed by M r Treasurer M r Chancellor of the Exchequer M r Cromwell M r Wentworth M r Snagg M r Diggs M r S t Leger M r Lewkenor M r Carleton and M r Ameredith and appointed to meet in the Exchequer Chamber this Afternoon Vide de ista materia on Tuesday the 14 th of this instant March foregoing Mr. Treasurer and others coming from Conference with the Lords Mr. Treasurer declared that their Lordships have delivered unto them certain notes in writing to move unto the House touching the Bill against seditious words and rumors uttered against her Majesty which notes in writing were by Mr. Vice-Chamberlain declared that their Lordships would feel the opinion of this House whether this House could be content to leave in force unrepealed so much of the Statute of the first and second of King Philip and Queen Mary as concerneth such matter as in this said Bill is not provided for or met with as partly touching slanderous words against Noblemen and the Lords of the Clergy And further whether this House can like to have the words directly or indirectly added to the said Bill in such parts thereof as do make mention of tending to her Majesties Death It was upon the Question of these Motions to the House in these points resolved That the repeal of the said Statute of the first and second of King Philip and Queen Mary should stand in sort as it is already passed by this House in the said Bill for that her Majesty may at any time by her Commission renew or receive thereof repealed at her Highness Pleasure And also that these words or any words directly to that effect shall be put in and inserted in their Lordships said notes to be added to the said Bill in that part thereof which maketh mention of any person willing wishing or desiring her Majesties Death Vide concerning this matter on Wednesday the first day of February foregoing On Saturday the 18 th day of March the Amendments and Proviso in the Bill against certain deceitful stuff used in the dying of Cloths was read the third time and passed upon the question Mr. Cromwell one of the Committees for Examination of the returns and defaults noted upon the last calling of the House made report unto the House of the state of the same Examinations Whereupon after sundry Motions and Arguments it was resolved by the House That all such Persons as have not been duly returned into this present Parliament as in lieu and place of others absent being either sick or employed in her Majesties Services or otherwise and not dead shall be for this time holden excused of their attendance and of their sitting in this House until this present time but shall from henceforth stand and be utterly discharged and disabled of their said rooms and places in the stead of such other persons not being dead unless special Order shall be therein taken by this House to the contrary And then perusing the said returns and defaults and also the former Precedents of this House in like Cases it is adjudged and Ordered by this House That Edward Flowerdewe Esq Serjeant at Law and who the last former Session of this present Parliament did stand and appear a Burgess of Castle-Riseing in the County of Norff. and was nevertheless returned into this present Session of Parliament a Citizen for the City of Norwich in lieu and place of Thomas Beamont sick shall still stand and remain in his place for Castle-Riseing and not for the said City of Norwich And for as much also as it is
their several places the Knights Citizens and Burgesses of the House of Commons had notice thereof who thereupon repairing thither as many as conveniently could were let in and standing all together at the Rail or Bar at the lower end of the Upper House Sir Thomas Bromley Knight Lord Chancellor by the Queen Commandment declared unto them the Causes of the Assembling of this Parliament But what those Causes were neither the Original Journal-Book of the Upper House nor that of the House of Commons do at all mention in setting down the other daily Passages of this Parliament de Anno isto 27 Reginae Eliz. But in respect they are set down the above-mentioned Catalogue of Honour imprinted at London An. Domini 1610. pag. 〈◊〉 and that it is most probable that were there inserted out of the Collections or Memorial of some Member of the House of Commons at this Parliament therefore I have thought good to supply it verbatim as it is there set down The said Lord Chancellor declared unto them in her Majesties name that this Assembly of Parliament was for three causes called viz. For the glory of Almighty God and the furthering of Religion for the health and preservation of her Royal Majesty and the welfare of the Common-Weal Which after that he had a loud and most eloquently at large declared turning his Speech unto the Knights and Burgesses standing on a heap together below he willed them to make choice of their Prolocutor and to give notice of him so Chosen unto the Lords of the Privy-Council from whom they should expect what the Queens Pleasure and Answer was concerning him so Chosen to be afterward presented The substance of this Speech being so shortly set down in the said Catalogue of Honour I thought good to transcribe although it were imprinted because it doth much augment and perfect this present Journal of the Upper House The residue whereof doth next in order follow out of the Original Journal-Book of the same House there being only added now and then as the occasion offered it self some Observations and Animadversions upon it Nota Also that no names of any of the Lords Spiritual or Temporal are noted to have been present this day which happened through the negligence of the Clerk of the Parliament but it may be conjectured who they were by the names of such whose presence is noted on Thursday next following being the 26 th day of this instant November on which said day the presence of such Lords as attended this Parliament is first marked Then follow the names of the Receivors and Triors of Petitions which is the more remarkable at this time because it is said that the Clerk of the Parliament did read them by the Lord Chancellors Commandment whereas it should seem at other times and which is agreeable also to the course at this day he doth presently stand up of himself as soon as the Lord Chancellors or Lord Keepers Speech is ended and reads the said Receivors and Triors names yet the entrance aforesaid is at this time set down in the said Journal-Book in manner and form following Tunc having before-mentioned the Lord Chancellors Speech Parliamenti Clericus ex mandato Cancellarn omnibus Petitionibus exhiberi volentibus Receptorum Examinatorum nomina formâ subsequenti recitavit Then follows all in French of which the names were these Receivors of Petitions for England Ireland Wales and Scotland Sir Christopher Wray Lord Chief Justice of England Sir Gilbert Gerrard Master of the Rolls Sir Thomas Gawel Knight one of the Justices of the Kings-Bench Doctor Clarke and Doctor Ford. Receivors of Petitions for Gascoigne and other Countries beyond the Seas and the Isles Sir Edmund Anderson Knight Lord Chief Justice of the Common Pleas Sir Roger Manwood Lord Chief Baron Francis Windam one of the Justices of ..... Doctor Awbery and Doctor Barkley Such as will deliver Petitions must so do within six days next ensuing Triors of Petitions for England Ireland Wales and Scotland The Archbishop of Canterbury the Earl of Leicester Lord High Steward of England the Earl of Darby the Earl of Rutland the Bishop of Winchester the Bishop of Salisbury the Lord Howard of Effingham Chamberlain of the Queens House the Lord Gray of Wilton the Lord North. All these or any four of them calling unto them the Lord Keeper of the Great Seal the Lord Treasurer and also the Queens Serjeants at their leisure to meet and hold their place in the Chamberlains Chamber Triors of Petitions for Gascoigne and the Countries beyond the Seas and the Isles The Archbishop of York the Earl of Oxford Great Chamberlain of England the Earl of Warwick the Earl of Pembroke the Bishop of Norwich the Bishop of Chester the Bishop of Rochester the Lord Cobham the Lord Lumley and the Lord Buckhurst All these or four of them calling to them the Queens Serjeants and the Queens Attorney and Sollicitor to hold their place when their leisure did serve to meet in the Treasurers Chamber Breve returnatum which was returned this Morning quo Johannes Episcopus Gloucestren praesenti Parliamento interesse summonitus fuit qui admissus est ad suum praeheminentiae sedendi in Parliamento locum salvo jure alieno Dominus Cancellarius continuavit praesens Parliamentum usque in diem crastinum horâ nonâ On Tuesday the 24 th day of November the Lords met in the Upper House but nothing was done saving the continuance of the Parliament by the Lord Chancellor until nine of the Clock the next Morning On Wednesday the 25 th day of November there was a like meeting of the Lords but nothing done saving the continuance of the Parliament by the Lord Chancellor unto two of the Clock in the Afternoon the day following But no presence of the Lords is noted on this day in the Original Journal-Book On Thursday the 26 th day of November the Commons having chosen their Speaker who upon his Presentment to the Queen was this day to be allowed of in the said place her Majesty Accompanied with divers of the Nobility came into the Upper House about three of the Clock in the Afternoon whose name and the names of such Lords Spiritual and Temporal as are marked in the Original Journal-Book of this Parliament to have been present this day do here ensue Regina Archiepiscopus Cantuar. Dominus Thomas Bromley Miles Cancellarius Archiepiscopus Eboracen Dominus Barleigh Dominus Thesaurarius Angliae Marchio Winton Comites Comes Oxon. Magnus Camerarius Comes Arundell Comes Kantiae Comes Darbiae Comes Wigorn. Comes Rutland Comes Cumberland Comes Sussex Comes Bathon Comes Pembrooke Comes Hartford Vice-Comes Mountague Vice-Comes Bindon Episcopi Episcopus London Episcopus Winton Episcopus Meneven Episcopus Sarisburien Episcopus Petriburgen Episcopus Norwicen Episcopus Roffen Episcopus Cestren Barones Dominus Howard Camerar Dominus Zouch Dominus Willoughbie Dominus Dacres Dominus Cobham Dominus Grey de Wilton Dominus Lumley Dominus Stourton Dominus Mountjoy
Dominus Darcie Dominus Mounteagle Dominus Windsor Dominus Wentworth Dominus Borough Dominus Cromwell Dominus Evers Dominus Wharton Dominus Rich. Dominus Willoughby de Parham Dominus Darcy de Chiche Dominus North. Dominus Shandois Dominus S t John de Bletsoe Dominus Buckhurst Dominus de la Ware Dominus Cheyne Dominus Norris Her Majesty with the Lords being set the Knights Citizens and Burgesses of the House of Commons repaired to the Upper House with John Puckering Serjeant at Law their Speaker and being as many as could conveniently let in the said Speaker was led up between two of the most eminent Personages of the House of Commons to the Rail or Bar at the lower end of the Upper House and being there placed after humble reverence made he declared that the said House of Commons amongst many other more able Members of the said House had Elected and Chosen him for their Speaker and that knowing his manifold weaknesses and inability to undergo so great a Charge he did there implore her Gracious Majesty to free him from the same and to Command them to Elect and chuse amongst themselves some other more Experienced and better fitted for that imployment To which the Lord Chancellor having received Instructions from her Majesty Answered that the said Speaker had shewed a great deal of humility and modesty in disabling himself but that her Highness well knowing his great sufficiency did very well allow and approve of the choice which the Knights Citizens and Burgesses of the said House of Commons had made of him to be their Speaker Whereupon the said Speaker after humble reverence made and many expressions of his great thankfulness to her Majesty for her gracious Approbation of him made certain Petitions of Course in the name of the House of Commons viz. for freedom of speech and freedom of access to her Majesty and that themselves and their necessary attendants might be exempted from Suits and Arrests in such manner and form as hath been accustomed and lastly that if himself should in any thing mistake or misreport the sayings or doings of the said House it might be imputed unto himself and that her Majesty would be graciously pleased to pardon it To which Speech the Lord Chancellor having further instructions from her Majesty replied that all such liberties and immunities as had been formerly enjoyed in the like case in the times of any of her Majesties most Royal Progenitors should still be continued unto them The Writ was returned this day whereby Henry Lord Wentworth was Summoned to the Parliament who thereupon admissus fuit ad sunm praeheminentiae in Parliamento sedendi locum salvo cuiquam jure suo Then followed the continuance of the Parliament which is Entred in the Original Journal-Book de Anno isto 27 Reginae Eliz. in these words following Dominus Cancellarius continuavit praesens Parliamentum usque in diem Sabbati prox horâ consuetâ On Friday the 27 th day of November although the Upper House sate not because the Parliament had been continued yesterday unto Saturday Morning at nine of the Clock yet were divers Proxies returned or introducted whereof the only unusual or extraordinary one was this ensuing viz. 27 die Novembris introductae sunt literae Procuratoriae Henrici Comitis Huntingtoniae in quibus Procuratores suos constituit Franciscum Comitem Bedford Robertum Comitem Leicester Nota That whereas the Temporal Lords do very seldom constitute more than one Proctor the Earl of Huntington here nominateth two which appeared also by the other Proxies returned this Parliament for of three other Earls and eleven Barons who were absent this Parliament by her Majesties Licence not any of them constituted more than one Proctor apiece whereas on the other side the spiritual Lords do for the most part nominate two Proctors at the least for of nine Bishops who were likewise absent during this Parliament two of them only nominated each his Proctor Ut vide on Sunday the 22 th day of this instant November foregoing and the other seven made every of them two Proctors Nota also that Robert Dudley Earl of Leicester had this Parliament ten several Proxies sent unto him all Entred in the beginning of the Original Journal-Book in such order as they now follow viz. from Edward Lord Dudley Henry Lord Scroop Lodowick Lord Mordant Edward Lord Stafford Henry Lord of Abergavenny Edward Earl of Lincoln Ambrose Earl of Warwick Henry Earl of Huntington who constituted Francis Earl of Bedford joint Proctor with him Lord Audeley and John Lord Lumley By which and many other Precedents in all other Parliaments it plainly appeareth that any Lord of the Upper House was capable of as many Proxies as should be sent unto him until in Anno 2 do Caroli Regis Anno Domini 1626. It was Ordered by the Lords then sitting in Parliament that no Member of the said House should be capable of above two Proxies at the most On Saturday the 28 th day of November to which day the Parliament had been last continued three Bills had each of them one reading of which the first being the Bill to provide remedy against fraudulent Conveyances was read the first time Hodie returnatum est breve quo Henricus Comes Suffex praesenti huic Parliamento interesse summonebatur qui ad suum praeheminentiae in Parliamento sedendi locum admissus fuit salvo jure alieno Nota That the daily continuing of the Parliament in those words Dominus Cancellarius continuavit praesens Parliamentum c. is hereafter omitted as matter of course unless where somewhat in it doth happen extraordinary or unusual in respect of the time place or manner On Monday the 30 th day of November to which day the Parliament had been last continued three Bills of no great moment had each of them one reading of which the first was the Bill for appointing fit and convenient places for Landing and Shipping of Merchandize On Tuesday the first day of December whereas James Diggs one of the ordinary Gentlemen of my Lord's Grace of Canterbury was committed to the Fleet upon a Reddit se in the Exchequer since the beginning of this present Parliament the Lords at the Motion of the Lord Archbishop of Canterbury claiming the ancient priviledge of this High Court gave Commandment to the Gentleman Usher that the said James should be brought before them And this day the said Lords having openly heard both Sir Roger Manwood then Lord Chief Baron of the Exchequer and the same James Diggs They Ordered that the said Diggs by vertue of the priviledge of this Court should be enlarged and set at liberty And it was further Ordered that the Warden of the Fleet should be discharged of the Prisoner and of the Action that might be brought against him the said Warden of the same Lastly Touching the Lord Chief Baron the said Lords have resolved for such causes and reasons as they have heard that the said Lord
had each of them one reading of which the second being the Bill for the paving of Newark upon Trent in Com. Nott. was read tertiâ vice conclusa and sent to the House of Commons On Saturday the 19 th day of December to which day the Parliament had been on Thursday last continued four Bills were brought up to the Lords from the House of Commons of which the last was the Bill for the restitution in blood of the Lord Thomas Howard which it seemeth the House of Commons passed with great expedition having given it one reading yesterday morning when they sent it again up to the Lords as appeareth by the Original Journal-Book of the House of Commons de Anno isto 27 o Reginae Eliz. pag. 44 50. The Bill also for the paving of Lewes in the County of Suffex was read primâ vice Lectae sunt the Reasons and Allegations of the Lord Norris why the Bill exhibited by the Lord and Lady Dacres should not be enacted Memorandum This day the Lords as they had ordered before having heard both the Council of the Lord Dacres and Lord Norris and Samson Leonard Esquire upon offer and agreement of the parties to commit the Cause to the hearing of four of the Lords and two of the Judges the Lords thought it most convenient that they should be named by the parties themselves The Lord Dacres and Samson Leonard named William Lord Burleigh Lord Treasurer Robert Earl of Leicester Lord Steward and Sir Roger Manwood Knight Lord Chief Baron The Lord Norris named the Earl of Kent the Earl of Bedsord and Sir Gilbert Gerrard Knight Master of the Rolls And further Ordered That the Lords and Judges should end the matter between the said parties before the next Session of Parliament if they could and if they could not then to make Report thereof to the whole House And further Ordered That all the parties should have Letters directed to such Witnesses to appear before the said Lords as they thought convenient and that the said Lords should have Authority to examine all parties upon their Oaths if occasion so required Memorandum That whereas the Lords received a Bill from the House of Commons viz. for the better and more reverent observing of the Sabbath day the said Lords having passed the same with some amendments sent down the said Bill to the House of Commons who sent up the same with other amendments of theirs which because the Lords thought it not to stand with the Order of the House to pass the same Bill again with their new amendments they returned the said Bill to them again and signisied the same unto them by M r Serjeant Gawdy c. On Monday the 21 th day of December Consedentibus Proceribus Dominus Cancellarius exposirit Regiam Majestatem satis perpendere Fcstum solemne Nativitatis is Domini in proximo esse nec posse ante idem hoc Parliamentum terminari nec in longum tempus prorogari propter quas alias causas considerationes idem Cancellarius jussu suae Majestatis lectis Literis Patentibus magno Sigillo suo sigillat hoc Parliamentum in quartum diem Februarii prox sequentem adjournavit adhortatusque est omnes singulos ut tunc adsint facturi quod decuerit Earúmque autem tenor sequitur in haec verba ELizabetha Dei gratiâ Angliae Franciae Hiberniae Regina Fidei Defensor c. Reverendissimo in Christo Patri Johanni Cantuar ' Archiepiscopo totius Angliae Primati Metropolitano praedilecto fideli Consiliario suo Thomae Bromley Militi Domino Cancellario Angliae ac etiam Reverendissimo in Christi Patri Edwino Eboracen ' Archiepiscopo Angliae Primati Metropolitano necnon praedilecto fideli Consiliario suo Willielmo Domino Burleigh Domino Thesaurario Angliae ac charissimo consanguineo Edwardo Comiti Oxon ' magno Camerario Angliae ac etiam charissimis consanguineis consiliariis suis Edwardo Comiti Lincoln ' magno Admirallo suo Angliae Georgio Comiti Salop ' Comiti Mareschallo Angliae Roberto Comiti Leicester magno Seneschallo Hospitii sui necnon charissimis consanguineis suis Philippo Comiti Arundel Henrico Comiti Kantiae Henrico Comiti Darbiae Willielmo Comiti Wigorn ' Elwardo Comiti Rutland Georgio Comiti Cumberland Henrico Comiti Sussex ac charissimis consanguineis consiliariis suis Ambrosio Comiti Warwici Magistro Ordinationum suarum Francisco Comiti Bedford ac etiam charissimis consanguineis suis Henrico Comiti Pembroke Edwardo Comiti Hartford Anthonio Vicecomiti Mountague necnon Reverendis in Christo Patribus Johanni Episcopo London Thomae Episcopo Winton ' ac praedilectis fidelibus suis Carolo Domino Howard Domino Camerario Hospitii sui Edwardo Domino Zouch Peregrino Domino Willoughby Edwardo Domino Morley Willielmo Domino Cobham Domino Gardiano quinque Portuuni ac etiam praedilecto fideli suo Henrico Domino de Hunsdon Domino Gardiano Marchiarum Orientalium versus Scotiam Salutem Cùm nuper pro quibuselam arduis urgentibus negotiis nos statum defensionem Regni nostri Angliae Ecclesiae Anglicanae concernentibus praesens hoc Parliamentum nostrum apud Civitatem nostram Westmonasterii vicesimo vertio die Novembris ultimo praeterito inchoari teneri ordinaverimus à quo die idem Parliamentum nostrum tunc ibidem tentum continuatum fuerat usque in instantem vicesimum primum diem Decembris Sciatis tamen quia negotia Parliamenti nostri in eodem communicata ante Festum Natalis Domini nunc prox ' instantis terminari non possunt propter alias causas considerationes nos specialiter move ntes praedictum Parliamentum nostrum omnes causas materias inceptas non adhuc terminatas adjornand ' duximus De fidelitate igitur prudentiâ circumspectione vestris plurimùm confidentes de avisamento assensu Concilii nostri assignavinius vos Commissionarios nostros dantes vobis aliquibus sex vel pluribus vestrum tenore praesentium plenam potestatem authoritatem hoc instante die Lunae ad praesens Parliamentum nostrum ac omnia negotia materias supradict ' adhuc ut praesertur non terminata nomine nostro ad in quartum diem Februarii jam prox ' futurum usque praedictam Civitatem nostram Westmonasterii adjornand ' continuand ' ibidem tunc tenend ' prosequend ' Et ideo vobis mandamus quòd circa praemissae diligenter intendatis ac ea in forma praedicta effectualiter expleatis Damus autem universis singulis Archiepiscopis Marchionibus Comitibus Vicecomitibus Episcopis Baronibus Militibus Civibus Burgensibus ac omnibus aliis quorum interest ad dictum Parliamentum nostrum conventuris tenore praesentium firmiter in mandatis quod vobis in praemissis faciend ' agend ' exequend ' pareant obediant intendant prout decet In cujus rei testimonium has Literas nostras sicri fecimus Patentes
Regina ac tempore cujus contrarii memoria hominum non existit in eadem usitat approbat breve de Cap. ad satisfaciendum versus cundem Tho. Gonnell pro debito damnis praedictis in placito praedicto prosequi returnari deberet antequam aligned breve de seire facias versus manucaptores praedictos in loquela illa impetrari seu prosequi deberet licet consuetudo sorma captionis recognitionum in Curia praedict a usae suerunt in sorma praedicta viz. Si contigerit cundem Thomam Gonnel in placito praedicto convinci tunc iidem Manucaptores concesserunt quilibet corum per se concessit tam debitum praedictum quà m omnia hujusmodi damna nune custag ' quae praesato Johanni Hunt in ea parte adjudicentur de terris Catallis suis cerum 〈◊〉 it sieri ad opus praedicti Johannis Hunt 〈◊〉 si consigerit praedictum Thomam Gonnell debitum damna illa praefato Johanni Hunt minimè 〈◊〉 aut si pri onae Marescal ' Dominae Reginae coram ipsa Regina ea occasione non reddere c. Et peturt iidem Richardus Harbert Johannes Awbery Willielmus Filian Simon Browne quod Judicium praedictum processus super 〈◊〉 praedicta de seire 〈◊〉 prosecut in Curia dict' Dominae Reginae coram ipsa Regina revocetur adnulletur penitus pro nullis habeatur Et super hoc Domini per 〈◊〉 Justiciariorum post longam maturam deliverationem uno consensu adjudicaverunt ..... quod judicium praedictum processus super brevia praedicta de scire sac ' prosecut ' in Curia dictae Dominae Reginae coram ipsa Regina revocetur adnulletur penitus pro nullis habcatur On Wednesday the 10 th day of March to which day the Parliament had been on Monday last continued Eight Bills of no great moment had each of them one reading of which the first being the Bill for Confirmation of Letters Patents made unto the Dean and Chapter of Norwich was read prima vice Six Bills also were brought up to the Lords from the House of Commons of which the first being the Bill for Provision to be made for the Surety of the Queens Majesties most Royal Person and the continuance of the Realm in Peace was read prima vice On Thursday the 11 th day of March Six Bills had each of them one reading of which the first being the last recited Bill for Surety of the Queens Royal Person c. was read secunda vice And the second being the Bill for the good Government of the City and Borough of Westminster in the County of Middlesex was read tertia vice with a Schedule and certain Amendments quae communi omnium procerum assensu conclusa dat' Doctori Barkeley Servienti Rolls in Domum Communem deferend Then the Lord Chancellor continued the Parliament unto two of the Clock in the Afternoon About which hour the Lords Spiritual and Temporal meeting six Bills of no great moment had each of them one reading of which the second being the Bill concerning the Lady Marchioness of Winchesters Jointure was read secunda vice commissa to the Master of the Rolls and the Lord Chief Justice of the Common-Pleas For as much as in the matter depending now in Parliament by Writ of Error brought by John Akerode Thomas Stanfeild and divers others against Richard Whalley Defendant for reversing of certain Errors supposed by the said Plaintiff to be in the said Defendants Grandfathers form of Pleading and other things in his Recovery of the Mannor of Eringden in the County of York it hath appeared to this honourable Court by the Certificate of the Lords Chief Justices the Master of the Rolls and others being by this Honourable Court appointed Committees to hear and examine the matter privately before them that the Writ of Error and the scire facias are insufficient in Law for divers Causes opened to this Court. Therefore it is Ordered by the Lords that the same Writ of Error shall abate and the Plaintiffs to pursue their further remedy as they shall thing good On Saturday the 13 th day of March to which day the Parliament had been on Thursday last continued the Bill for Provision to be made for the Surety of the Queens Majesties most Royal Person and the continuance of the Realm in Peace was read tertia vice quae communi omnium Procerum assensu conclusa with one amendment in the 44. line that is after this word left put out so as and in place thereof put in foreseeing that This amendment was made after the third reading and before the Bill was put to the question and was delivered to Doctor Barkeley and Serjeant Rodes to be carried to the Lower House with the Bill for the better observing of the Sabbath day with request for that there are whole Sentences inserted into the said Bill for the Sabbath day and the Bill would remain a very soul Record it might be fair written again Vide concerning this Bill of the Sabbath on Wednesday the third day and on Saturday the 6 th day of this instant March foregoing Two other Bills lastly of no great moment had each of them one reading of which the second being the Bill for Oxford-Haven was read tertia vice expedita Four Bills lastly were brought up to the Lords from the House of Commons of which the first was the Bill of one entire Subsidy and two Fifteenths granted by the Temporalty On Monday the 15 th day of March to which day the Parliament had been on Saturday last continued prima secunda tertia vice lecta est schedula of the amendments of the Bill against Jesuits sent from the House of Commons quae communi omnium procerum assensu conclusa est with an Addition to the said Schedule added by them of the House of Commons data Doctori Barkeley Servienti Rolles in Domum Communem deferend Six several Bills also of no great moment had each of them one reading of which the first being the Bill for Consirmation of the Subsidy of six shillings in the pound granted by the Clergy was read prima vice commissa ad ingrossandum Three Bills lastly were sent up to the Lords from the House of Commons of which the first was the Bill for the renewing continuance explanation and perfecting of divers Statutes Then the Lord Chancellor continued the Parliament unto two of the Clock in the Afternoon about which time the Lords Spiritual and Temporal Assembling Four Bills of no great moment had each of them one reading of which the first being the Bill for the payment and satisfaction of the Debt of William last Lord Marquess of Winchester deceased due to the Queens Majesty was read prima vice On Tuesday the 16 th day of March Seven Bills of no great moment had each of them one reading of which the first being the Bill for the
data Doctori Barkeley servienti Rodes in domum communem deferend ' The Bill to make a Fine levied by Peter Heame and Johan his Wife and John Tredolias alias Leha and Anne his Wife during the Minority of the said Johan and Anne to be void against the said Anne was put to the question and was rejected by the most Voices for the Preamble of the Bill was scandalous and no proof made thereof Nota That this Bill preferred by Anne the Wife of the above-named Tredolias to reverse a Fine levied by her during her Non-age by Authority of Parliament because it seemeth being at this time of full Age she could not otherwise do it by ordinary course of Law was very deliberately and advisedly proceeded in by the Lords who having given it the first reading upon Thursday the 17 th day of December and the second reading upon Saturday the 20 th day of February foregoing did before any further proceeding in it on Monday next following being the two and twentieth day of the said February foregoing refer the same to certain Lords being chosen Committees therein by the said Anne on the one part who was the Plaintiff and M r 〈◊〉 on the other who was the Defendant and to whose use it seemeth the said Fine had been levied after which the said Lords Committees having not ended the said difference it was again committed on Monday the first day of March foregoing to the Master of the Rolls and M r Serjeant Rodes to hear it and to make some conclusion thereof which being not effected it was again on Thursday following being the 4 th day of this instant March referred to the said M r of the Rolls and the Serjeant aforesaid who still endeavouring without any effect to make any accord between the said Parties it was now at last upon the foresaid Monday the 22 th day of this instant March put to the Question in the Upper House and there the said Bill preferred by the said Anne to be relieved in Parliament contrary to her own Fine was rejected where it may be seen how tender their Lordships were to relieve any Party contrary to the course of the common Law For the Case appeareth singly to be this Baron and Feme levy a Fine the Wife being under Age then the Husband dies as John Tredolias Leza or Leha did here the Wife being of full Age and she sues in Parliament to be relieved for at Common Law if an Infant levy a fine and then die or becomes of full Age before it be reversed the Fine stands good as if it had been levied by one of full Age as was delivered in the Common-Pleas per totam Curiam in the Lady Caesars Case then Wife of Sir Julius Caesar Knight Master of the Rolls which is entred in termino Trinitatis Anno 21 Jacobi Regis Rotulo 1971. On Tuesday the 23 th day of March Three Bills of no great moment had each of them one reading of which the first being the Bill concerning the Water-Bailiff was read secunda vice but not mentioned to be either referred to Committees or Ordered to be ingrossed Four Bills also were brought up to the Lords from the House of Commons of which the first being the Bill for the Explanation of a Statute made Anno 13. of the Queens Majesties Reign intituled An Act to reform sundry disorders touching Ministers of the Church was read prima vice On Wednesday the 24 th day of March The Bill against Rogues Idle and Vagrant Persons was read secunda vice but no mention is made that it was either referred to Committees or Ordered to be ingrossed and the reason hereof may be that this Bill having passed the House of Commons and being sent up to the House of Lords fairly ingrossed in Parchment can be no more ingrossed neither do the Lords ordinarily refer such Bills to Committees unless there be very great cause in respect that each House holding correspondency with other they do not willingly submit that to the agitation of a private Committee which hath been allowed and approved by the wisdom of a whole House There may also be two other reasons besides the Clerks negligence who may sometimes omit it why a Bill upon the second reading is so left without any mention made of the committing or ingrossing as where the referring of it to Committees is deferred till some other day as it fell out in the Parliament de Anno 13 Reginae Eliz. when the Bill touching the Commission of Sewers being read secunda vice on Friday the 20 th day of April was referred to Committees on the day following being Saturday the 21 th day of the same Month. The third and last reason finally why a Bill may be mentioned to be read secunda vice without any further Order taken in it as aforesaid may be assigned in some extraordinary Cases as where Bills of Grace viz. for the restitution in Blood of any and such like are sent to the House from her Majesty fairly ingrossed in Parchment and Signed with her hand which for the most part do pass the House without any stop or question But it is to be noted that in later times the committing of a Bill upon the second reading is always when it is so read and is never deferred until another day Three Bills also of no great moment were brought up to the Lords from the House of Commons of which the first was an Act for the Incorporation of the Hospital of Christ in the Town of Sherbourn Nota That no continuance of the Parliament is Entred this day in the Original Journal-Book which seemeth to have happened through the negligence of the Clerk of the Parliament On Friday the 26 th day of March to which day it seemeth the Parliament had been on Wednesday last continued Introductum suit breve quo Richardus Petriburgen Episcopus praesenti Parliamento summonebatur interesse qui admissus est ad suum praeheminentiae in Parliamento sedendi locum salvo cuiquam jure suo The Amendments for the Bill touching the Incorporation of Christs Hospital in the Town of Sherbourn were read tertia vice communi omnium Procerum assensu conclusae Two Bills also of no great moment had each of them one reading of which the first was the Bill for the reviving continuance and explanation and perfecting of divers Statutes Six Bills lastly were brought up to the Lords from the House of Commons of which the first being for the naturalizing of certain Englishmens Children born beyond the Seas was read prima secunda tertia vice expedita And the second being the Bill for the safe keeping of the Armour of obstinate Recusants was read prima secunda tertia vice and sent down to the House of Commons by Serjeant Rodes and M r Powle Nota That the Original Journal-Book of the House of Commons de Anno isto 27 Reginae Eliz. maketh mention of some amendments added to this Bill
to allow the Clerk of the Parliament reads in French these words following La Royne s'advisera Nota That all the Acts which passed this Parliament were in number forty nine whereof thirty were publick and nineteen private ut vide in the Statute-Book at large printed Anno Domini 1585. Nota also That the express and direct manner of her Majesties giving her Royal assent to such Acts as passed at this Parliament as is before set down is not so entred in the Original Journal-Book of the same but is supplied out of that de Anno 39 Reginae Eliz. where it is at large inserted according to which Precedent the form being always the same the rest of the Journals of her Majesties Regin as well as this present Journal are enlarged and perfected To the further amplifying of which also here doth now in the next place ensue a most pious and gracious Speech of her Majesty's uttered by her upon the conclusion of this Parliament which being not found in the Original Journal-Book of the Upper House is therefore supplied out of a Copy thereof I had by me written by John Stow the Chronicler with his own hand being verbatim as followeth MY Lords and ye of the Lower House my silence must not injure the Owner so much as to suppose a Substitute sufficient to render you the thanks that my heart yieldeth you not so much for the safe keeping of my life for which your care appears so manifest as for the neglecting your private future peril not regarding other way than my present State No Prince herein I confess can be surer tied or faster bound than I am with the link of your good will and can for that but yield a heart and a head to seek for ever all your best yet one matter toucheth me so near as I may not overskip Religion the ground on which all other matters ought to take root and being corrupted may marr all the tree And that there be some fault-finders with the Order of the Clergy which so may make a slander to my self and the Church whose over-Ruler God hath made me whose negligence cannot be excused if any Schisms or Errours heretical were suffered Thus much I must say that some faults and negligences may grow and be as in all other great Charges it happeneth and what vocation without All which if you my Lords of the Clergy do not amend I mean to depose you Look ye therefore well to your Charges This may be amended without heedless or open exclamations I am supposed to have many studies but most Philosophical I must yield this to be true that I suppose few that be no Professors have read more And I need not tell you that I am so simple that I understand not nor so forgetful that I remember not and yet amidst my many Volumes I hope Gods Book hath not been my seldomest Lectures in which we find that which by reason for my part we ought to believe that seeing so great wickedness and greeves in the World in which we live but as way-faring Pilgrims we must suppose that God would never have made us but for a better place and of more comfort than we find here I know no Creature that breatheth whose life standeth hourly in more peril for it than mine own who entred not into my state without sight of manifold dangers of life and Crown as one that had the mightiest and greatest to wrestle with Then it followeth that I regarded it so much as I left my life behind my care and so you see that you wrong me too much if any such there be as doubt my coldness in that behalf for if I were not perswaded that mine were the true way of Gods will God forbid that I should live to prescribe it to you Take you heed lest Ecclesiastes say not too true They that fear the hoary frost the snow shall fall upon them I see many over-bold with God Almighty making too many subtle scannings of his blessed will as Lawyers do with humane Testaments The presumption is so great as I may not suffer it yet mind I not hereby to animate Romanists which what Adversaries they be to mine Estate is sufficiently known nor tolerate new-fangleness I mean to guide them both by Gods holy true Rule In both parts be perils and of the latter I must pronounce them dangerous to a Kingly Rule to have every man according to his own censure to make a doom of the validity and privity of his Princes Government with a common veil and cover of Gods Word whose followers must not be judged but by private mens exposition God defend you from such a Ruler that so evil will guide you Now I conclude that your love and care neither is nor shall be bestowed upon a careless Prince but such as but for your good will passeth as little for this World as who careth least with thanks for your free Subsidy a manifest shew of the abundance of your good wills the which I assure you but to be imployed to your weal I could be better pleased to return than receive This Speech of her Majesty being thus transcribed out of the foresaid Copy written by John Stow the Chronicler as is already mentioned now followeth the Prorogation of the Parliament which is entred in the Original Journal-Book of the Upper House in manner and form following Domina ipsa Regina prorogavit praesens Parliamentum usque in vicesimum diem Maii proximum Upon which said 20 th day of May the Parliament was again prorogued and so continued by five other several Prorogations unto Wednesday the 14 th day of September in Anno 28 Reginae Eliz. Anno Domini 1586. upon which said 14 th day of September it was at last dissolved The manner of which Dissolution and the substance of all the foresaid Prorogations do next ensue Memorandum quòd vicesimo die Maii Anno Regni Reginae Eliz. 27 o convenêre Proceres tam Spirituales quà m Temporales quorum nomina subscribuntur Johannes Archiepisiopus Cantuar. Thomas Bromley Miles Dominus Cancellarius Angliae Henricus Comes Darby Johannes Episiopus London Edwardus Dominus Zouch Qui cùm convenissent Dominus Cancellarius Literas Regias commissarias Anthonio Mason Clerico Parliamenti publicè legendas in manus tradidit The tenor whereof was a Commission unto the Archbishop of Canterbury the Lord Chancellor the Archbishop of York the Lord Treasurer the Earl of Oxford Lord great Chamberlain of England George Earl of Shrewsbury Earl Marshal of England and six other Earls also to the Earl of Warwick Master of the Ordnance four other Earls Charissimóque Consanguineo suo Anthonio Vicecomiti Mountague John Bishop of London John Bishop of Sarum John Bishop of Rechester Charles Lord Howard Lord Chamberlain of her Majesties House and eight other Barons giving to them or any three or more of them 〈◊〉 potestatem facultatem authoritatem hoc instante die Jovis ad praesens Parliamentum
of Oxford great Chamberlain of England the Earl of Warwick the Earl of Pembroke the Bishop of Durham the Bishop of Lincoln the Bishop of Rochester the Lord Hunsdon Chamberlain to the Queen the Lord Lumley and the Lord Buckhurst Assoon as the Clerk of the Parliament had read these Names and had likewise ended other things of course belonging unto them viz. That the first Tryors of England c. or any four of them calling unto them the Lord Chancellor and the Lord Treasurer and also the Queens Serjeants should at their leisure meet together in the Chamberlains Chamber And that the last Tryors of Gascoigne c. or any four of them calling unto them the Queens Serjeants and the Queens Attorney and Sollicitor should hold their place when their leisure did serve them to meet in the Treasurers Chamber Then the Lords Lieutenants adjourned the Parliament until Monday next following This day were divers Proxies returned of which the Extraordinary ones were these that follow 29 o die Octobris introductae sunt Literae procuratoriae Marmad Episcopi Meneven in quibus Procuratores suos constituit Johannem Archiepiscopum Cantuar. Johannem Episcopum London Thomam Episcopum Wintonien Item introductae sunt Literae procuratoriae Willielmi Episcopi Cestren in quibus Procuratorem suum constituit Johannem Episcopum Cantuarien Item introductae sunt Literae procuratoriae Hugonis Episcopi Bangor in quibus Procuratores suos constituit Johannem Episcopum Cantuarien Willielmum Dominum Burleigh Thesaurarium Item introductae sunt Literae procuratoriae Johannis Episcopi Carliolen in quibus Procuratorem suum constituit Edwinum Archiepiscopum Ebor. Nota That these were all the Extraordinary or unsual Proxies that are entred in the Original Journal-Book of the Upper House to have been returned this Parliament For whereas the Spiritual Lords do for the most part constitute two Proctors and the Temporal Lords but one and those likewise of their own Order here the Bishop of S t Davids nominated three the Bishops of Chester and Carlisle but one apiece and the Bishop of Bangor did constitute the Lord Burleigh Lord Treasurer of England his Joynt Proctor with John Bishop of Canterbury which I take to be the only Precedent with two others in Anno 5 Eliz. during all the Parliaments of Queen Elizabeth's Reign where a Spiritual Lord did nominate a Temporal for his Proctor or a Temporal Lord a Spiritual although in the Reign of Queen Mary and other times more ancient it was very usual and ordinary On Monday the 31 th of October her Majesties Person was represented as it had been on the first day of this Parliament by three Commissioners viz. the Archbishop of Canterbury the Lord Burleigh Lord Treasurer of England and the Earl of Darby great Steward of England who were stiled the Lords Lieutenants These with divers other Lords both Spiritual and Temporal being fet in their Parliamentary Robes in the Upper House the Knights Citizens and Burgesses of the House of Commons had notice thereof and thereupon with John Puckering Serjeant at Law who had been Speaker also the last Parliament their now Prolocutor repaired thither and being as many as conveniently could let in the said M r Speaker was led up by two of the most eminent Personages of the House of Commons to the Rail or Bar at the lower end of the said Upper House who being there placed and having according to the usual course desired himself to be excused that so the House of Commons might make choice of some other more able Member amongst themselves it was not allowed but his former wise and discreet behaviour the last Parliament in the Execution of this very place was alledged and much commended Whereupon the said M r Speaker having made humble reverence and in very discreet and good manner submitted himself to the undertaking of the said Prolocutorship did in the end of his Speech make divers petitions of course for freedom of Speech freedom of Access to her Majesty and freedom from Arrests and Suits in the Name of the House of Commons and lastly for pardon for himself if he should unwittingly erre in the report or carriage of any thing Whereunto the Lords Commissioners by the Lord Chancellor answered That the said House of Commons and himself should enjoy and use such Priviledges as others in the times of the Queen her Noble Progenitors had accustomed to use and enjoy Nota That it doth not appear by the Original Journal-Book of the Upper House whether the Speaker were presented in the Forenoon or in the Afternoon Dominus Cancellarius continuavit praesens Parliamentum usque in diem Veneris prox horâ octavâ On Friday the 4 th day of November the Lords Spiritual and Temporal being Assembled the Lord Chancellor continued the Parliament unto the next day at eight of the Clock On Saturday the 5 th day of November the Lord Chancellor declared unto the Lords the foul and indirect dealings practised by the Queen of Scots against her Majesty and the whole Realm notwithstanding so many great benefits and favours which the said Queen of Scots had received of her Majesty the which matter by William Lord Burleigh Lord Treasurer of England as one unto whom the said Queen of Scots whole proceedings were better known by reason of his long Service done unto our most gracious Soveraign Lady since the beginning of her Reign were more fully dilated Dominus Cancellarius continuavit praesens Parliamentum usque in diem Lunae horâ octavâ On Monday the 7 th day of November while the Lords were debating the matter of the Queen of Scots the House of Commons came up and desired a Conference with some of the Lords of this House what number it should please them to appoint about the great matter of the Queen of Scots already opened unto them Whereupon the Lords chose out to the number of twenty one viz. the Archbishops of Canterbury and York the Lord Treasurer the Lord Steward the Earl of Northumberland the Earl of Kent the Earl of Rutland and the Earl of Sussex the Bishop of London the Bishop of Durham the Bishop of Winchester and the Bishop of Worcester the Lord Admiral the Lord Chamberlain the Lord Cobham the Lord Grey the Lord Lumley the Lord Shandois the Lord Buckhurst the Lord de la Ware and the Lord Norris Dominus Cancellarius continuavit praesens Parliamentum usque in diem crastinum horâ nonâ On Tuesday the 8 th day of November nothing was done but the Parliament was by the Lord Chancellor continued usque in diem crastinum horâ nonâ On Wednesday the 9 th day of November were read divers Letters as well of Anthony Babington to the Queen of Scots as of the said Queen of Scots to the said Anthony Babington Charles Paget and others The Sentence also pronounced by the Commissioners against the Queen of Scots was read A form of a Petition agreed upon by the Committees of both Houses was
up to the Lords from the House of Commons of which the first being for the Sale of Edward Fishers Lands was returned expedited and the second was a Bill for the more speedy and due Execution of certain branches of the Statute made in the twenty third year of the Queens Majesties Reign intituled An Act to retain the Queens Majesties Subjects in their due obedience with an amendment and a provision annexed quae communi omnium Procerum assensu conclusa expedit ' and the third being the Bill for continuance of Statutes was read primâ vice On Tuesday the 21 th day of March primâ secundà tertiâ vice lect ' sunt the Amendments of the Bill to avoid fraudulent Assurances made in certain cases by Traitors quae commumi omnium Procerum assensu conclusa tradit ' servienti Gawdy Doctori Carew in Domum Communem deserend ' Two Bills also of no great moment had each of them one reading of which the first being a Bill for limitation of time touching Writs of Errours upon Fines and Recoveries was read tertiâ vice communi omnium Procerum assensu rejecta est Two Bills were sent up to the Lords from the House of Commons which as it seemeth were of so little moment as that they are omitted in the very Original Journal-Book of the Upper House On Wednesday the 22 th day of March the Bill for the continuance and perfecting of divers Statutes was read secundâ tetriâ vice and sent to the House of Commons by Serjeant Gawdy and Doctor Carew being first passed by the Lords with an Amendment The first reading of this Bill appeareth not in the Original Journal-Book of the Upper House and by that which followeth on Thursday the 23 d day of this instant March following it is plain that the Entrance of the several readings of this Bill with the Amendments thereof is much mistaken and confounded through the great negligence of M r Anthony Mason at this time Clerk of the Upper House A Bill for the Sale of Thomas Hanford's Lands was brought up to the Lords from the House of Commons The Lords having before passed a Bill to the same effect and sent it down to the House of Commons and they having rejected it without any Conference first desired and had with their Lordships therefore the Lords thought it a Precedent so strange and so far different from the Orders of this House that they of the House of Commons should reject a Bill sent from this House without Conference and frame a new Bill to the same effect and send it up that they did resolve to put it to the Question Whether this new Bill should by the Orders of this House be read here or not The whole House being particularly asked their opinions herein with one assent concluded not one gainsaying that it should not be read On Thursday the 23 d day of March the Bill for the continuance and perfecting of divers Statutes was read secundâ tertiâ vice communi omnium Procerum assensu conclusa with the Amendments Vide concerning this matter in the beginning of the day immediately foregoing being Wednesday for it should seem that the Bill it self was then read primâ secundâ vice and the Amendments only at this time although they be both set down very confusedly through the negligence of the Clerk of the Upper House The Bill for the Queens Majesties most gracious general and free Pardon communi omnium Procerum assensu conclusa tradit ' servienti Gawdy Doctori Carew in Domum Communem deferend ' Which said Bill was brought back again this morning from the said House of Commons unto the Lords with another Bill which was for the continuance and perfecting of divers Statutes There is no other or further business of this day set down in the Original Journal-Book of the Upper House save only her Majesties Royal Assent given to divers Bills which had passed both Houses although she her self was absent which was done by her Majesties Letters Patents under the Great Seal Which because of the rarity of the Precedent are here verbatim transcribed together with the manner and solemnity of this days meeting out of the said Original Journal-Book in manner and form following viz. Hodie quum omnes Proceres Robis Parliament aribus induti in suo quisque loco sederent Prolocutor de Domo Communi unà cum omnibus qui ad hoc praesens Parliamentum summoniti suerant Militibus civibus Burgensibus accersitis praestò esset Edmundus Anderson Miles Capitalis Justiciarius de placito communi quia Cancellarius nondum convaluit exponit omnibus Regiam Majestatem magnis urgentissimis quibusdam negotiis adeò esse impeditam ut non queat impraesentiar ' commodè interesse Tamen inquit sua Majestas imperavit mibi ut suo nomine vobis hîc praesentibus declarem quibus Legibus seu Statutis à vobis in hoc praesenti Parliamento pro vestra parte stabilitis velit Regium assensum suum adhibere sine quo Legum vigorem obtinere non debent sicuti vos probè nôstis Et hiis dictis protendit Clerico Parliamentor ' quasdam Literas sub magno Sigillo Angliae Patentes quos ipse publicè legit Literae autem scriptae fuerunt in haec verba ELizabeth by the Grace of God Queen of England France and Ireland Defender of the Faith c. To our right Trusty and right well-beloved the Lords Spiritual and Temporal and to our Trusty and well-beloved the Knights Citizens and Burgesses the Commons in this present Parliament Assembled Greeting We have seen and perfectly understand divers and sundry Acts and Ordinances annexed and affiled to these Presents agreed and accorded by our loving Subjects the Lords Spiritual and Temporal and the Commons in this our present Parliament assembled and severally indorsed by you as hath been accustomed The Titles and names of which Acts hereafter do particularly ensue that is to say an Act for the Confirmation of the Attainders of Thomas late Lord Pagett and others An Act concerning Errors in Records of Attainders of High-Treason An Act to avoid frandulent Assurances made in certain Cases by Traitors An Act to prevent Extortion in Sheriffs Under-Sheriffs and Bailiffs of Franchises or Liberties in Cases of Execution An Act for the Continuance and perfecting of divers Statutes An Act for the more speedy and due Execution of certain Branches of the Statute made in the 23 d year of the Queens Majesties Raign intituled An Act to retain the Queens Majesties Subjects in their due obedience An Act for the Confirmation of the Sale of Edward Fishers Lands made towards satisfaction of his Debts Charges and Incumbrances An Act of one Subsidy granted by the Clergy An Act for the Grant of one entire Subsidy and two Fifteenths and Tenths granted by the Temporalty An Act for the Queens Majesties most gratious general and free Pardon And albeit the
tertio die Martii duximus dissolvend ' De fidelitate igitur prudentiâ circumspectione vestris plurimùm confident ' de avisamento assensu Concilii nostri assignavimus vos aliquos tres vel plures vestrum Commissionarios nostros dantes vobis aliquibus tribus vel pluribus vestrum tenore praesentium plenam potestatem facultatem authoritatem hoc instante vicesimo tertio die Martii ad dictum Parliamentum nostrum Nomine nostro plenar ' dissolvend ' Et ideo vobis Mandamus quòd vos aliqui tres vel plures vestrum idem Parliamentum nostrum eodem instante vicesimo tertio die Martii virtute harum Literarum Patentium Nomine nostro plenè dissolvatis determinetis Et ideo vobis Mandamus quòd circa praemissa diligenter intendatis ac ea in forma praedicta effectualiter expleatis exequamini Damus autem universis singulis Archiepiscopis Marchionibus Comitibus Vicecomitibus Episcopis Baronibus Militibus Civibus Burgensibus ac omnibus aliis quorum interest ad dictum Parliamentum nostrum conventur ' tenore praesentium firmiter in mandatis quòd vobis in praemissis pareant obediant intendant in omnibus prout decet In cujus rei testimonium has Literas nostras sieri secimus Patentes Teste meipsa apud Westmonasterium vicesimo tertio die Martii Anno Regni nostri vicesimo nono Per ipsam Reginam Powle It should seem that the reading of these Commissions and the Dissolution of this Parliament were all of them finished this Thursday the 23 th day of this instant March in the Forenoon for else there must have been some other continuance of it by the Lord Chief Justice of the Common Pleas supplying the place of the Lord Chancellor upon the rising of the Lords to dinner unto some hour in the Afternoon which may very well be in respect that although the Queens Majesty came usually in Person to give her Royal Assent in the Afternoon yet that being now performed after an unusual and extraordinary manner by her Majesties Letters Patents or a Commission under the Great Seal the time was also altered So that though this Parliament were not long in continuance for both the meetings thereof put together make but ten weeks at the most yet it had many weighty matters debated in it and this Journal of the Upper House is richly stored with rarer Precedents than any other of all the Queens time Finally Her Majesties loving Subjects considering the great Charges she sustained by the maintenance of the Low Countries Wars and withal in a manner foreseeing the stupendious preparations of Spain at this time most intentive in providing and furnishing of that mighty Armado stiled afterwards Invincible did not only grant unto her Majesty one entire Subsidy and two Fifteenths and Tenths as the Clergy had also granted unto her one other Subsidy but did likewise consult in either House severally for the Lords refused to joyn with the House of Commons therein concerning a Contribution to be bestowed upon her Majesty in like sort also towards the further and better support of those foresaid continual and chargeable Wars of the Netherlands THE JOURNAL OF THE House of COMMONS An Exact large and very perfect Journal of the Passages of the House of Commons in the Parliament holden at Westminster Anno 28 Reginae Eliz. Anno Domini 1586. which began there on Saturday the 29 th Day of October after two several Prorogations thereof and there continued until it was at length Dissolved on Thursday the 23 th Day of March Anno 29 Reginae ejusdem THE Passages of this Journal of the House of Commons are fully replenished with excellent and rare matter both in respect of the business of Mary Queen of Scots handled in the first meeting and of the publick dangers threatned against her Majesties person and Realms discussed in the second meeting of this Parliament in which also there wanted not the passing of divers good and wholesome Laws and the discussing of many emergent disputes touching the private affairs of the said House all which are in themselves very useful and worthy of observation Although the Parliament had been summoned to have begun upon Saturday the 15 th day of October in Anno 28 Reginae Eliz. yet it held not but was on the said day further Prorogued unto Thursday the 27 th day of the same Month upon which said day it was lastly Prorogued unto Saturday the 29 th day of the same next ensuing On which said 29 th day of October the Parliament held accordingly although her Majesty came not in person but appointed by her Letters Patents under the Great Seal the Archbishop of Canterbury the Lord Burleigh Lord Treasurer and the Earl of Darby Lord Steward or any two of them her Delegates or Commissioners in her Majesties name and stead to begin this said Parliament and the same further to hold continue Adjourn or Prorogue as to them should seem fitting and needful The Lords therefore being set the Knights Citizens and Burgesses of the House of Commons had notice thereof and thereupon repaired unto the Upper House and as many as could conveniently being let in Sir Thomas Bromley Knight Lord Chancellor shewed that the Queens Majesty was with-held by some very great and important occasions so that she could not be there personally present at this time but yet had appointed some other Honourable personages there present to supply her place and in her name to begin the said Parliament And then the same Letters Patents were read After which the foresaid three Commissioners leaving their places went to a Seat prepared for them on the right side of the Chair of State who being so placed the Lord Chancellor did Lastly declare that the meer cause for which this Parliament had been so suddenly called at this time was upon the discoveries of the late most great and horrible Treasons plotted for the taking away of her Majesties Life and the subversion of true Religion and that one great offender therein did yet remain touching whose punishment her Majesty did crave their faithful advice and therefore wished those of the House of Commons to make present choice of some one amongst them to be their Speaker and to present him unto the Lords Lieutenants or Lords Commissioners as soon as conveniently they might Whereupon the Knights Citizens Barons and Burgesses of the House of Commons repairing to their said House did there elect and chuse John Puckering Serjeant at Law their Prolocutor who had been Speaker also the last Parliament Nota That there is not any one word of all this before set down in the Original Journal-Book of the House of Commons de annis istis 28 o 29 o Reginae Eliz. which is very defective not only here but in some other places thereof but that which is before set down is for the most part gathered out of the Original Journal-Book of the Upper House and only
of this House who had not only had Conference thereof amongst themselves but also with Committees of the Lords yesterday and must so have again this day also in the Afternoon And sheweth further That yesterday upon the like Motion of this made by another Gentleman of this House it was agreed That all such matters as then were or should be offered unto this House tending to the preservation of her Majesties Person should be delivered and referred to the said Committees to be joyned in the Petition to be exhibited to her Highness on the behalf of this House and so wished this might also be without reading the said Bill or further proceeding therein by this House until the said Committees should first have reported unto this House their travail with the Lords in the said Cause which he thought would be to morrow And after sundry Speeches to that end uttered by M r George Moore Sir Henry Knyvet M r Treasurer and M r Francis Hastings it was referred to be imparted to the said Committees accordingly and therefore the Bill not to be read as yet in this House Sundry Speeches being had touching the Liberties of this House and of the preservation of the same Liberties about the matter of the Examination of the Returns of the Knights for the County of Norfolk and some arguing one way and some another the time so passing away the House did rise and nothing then resolved thereof at all And then also at the rising of the House it was moved That in respect of the meeting of the Committees in the great Cause with the Committees of the Lords this Afternoon the meeting of the Committees in the Bill for Orsord Haven likewise appointed for this Afternoon might be deferred till some other more convenient time On Wednesday the 9 th day of November after some Motions and Speeches had touching the Liberties of this House in the examination and Judgment of the returns for the Knights for the County of Norfolk It is upon the question resolved that M r Comptroller M r Treasurer M r Recorder of London M r Serjeant Snagg M r Cromwell Sir William Winter Sir Henry Knyvett M r Thomas Knyvett M r Alford M r Drew M r Harris Sir William Moore M r Morrice M r Sandes and M r Sanders be appointed Committees by this House to examine the state and circumstances of the said Returns and to meet for that purpose to morrow in the Afternoon at two of the Clock in the Exchequer Chamber And also that M r Watson Clerk of the Crown in the Chancery and also the Under-Sheriff of the County of Norfolk do then and there attend upon the said Committees in the exercise of the said Examinations accordingly And further that thereupon the said Committees or some of them do signifie unto this House upon Friday next in the Forenoon the state of the said matter as they shall find it upon the said Examination to the end this House may then take such further course therein as in that behalf shall be thought meet and convenient This day report was made by M r Thomas Cromwell that eleven of the Committees appointed by this House to examine the state and circumstances of the Writs and Returns made of the Knights for the County of Norfolk had according to their Commission met yesterday and that the Clerk of the Crown had brought before them as well the Writs as their Returns upon view whereof it appeared that two several Writs had issued out of the Chancery directed to the Sheriff of Norfolk for choice of the Knights of the Shire of that County the first dated the 15 th day of September the second dated the 11 th day of October The first appeared by the return to have been executed the 26 th day of September the second executed the 24 th of October which was after the Parliament was to have had its beginning By the first Writ M r Thomas Farmer and M r Gresham were returned to be chosen Knights by the second M r Christopher Heydon and the said M r Gresham That by the examination of the Clerk of the Crown it appeared unto them that the first Writ with the return was brought and offered unto him by the Under-Sheriff the 15 th day of October when as the Parliament was to have had its beginning and that with that Writ the Burgesses for the Boroughs of the County were also brought which then notwithstanding he received not That after about the 29 th day of October both the said Writs were delivered unto him It was further declared that the said M r Heydon with his Council and the said Mr. Farmer in person and also the Under-Sheriff had been before the Committees that Mr. Gresham as being returned by both the Writs had not been before them that they had examined Mr. Heydon and his Council what exceptions they could take to the Execution of the first Writ who then alledged two causes the one that due Summons was not given to the Freeholders of the Shire the other that Proclamation was not duly made That thereupon they examined the Under-Sheriff who in their presence affirmed that the Writ was delivered to the High-Sheriff on the Saturday which he received on the Sunday the County day being on Monday following On which day he was bound by Law to execute his Writs by which means he had not leisure either to summon many or any day left wherein he might by Proclamation notifie it in the Country That on the said Monday between eight and nine of the Clock three solemn O yes were made and the Queens Writ publickly read and all Circumstances used which the Law required wherein he was the more careful for that it was commonly bruted that there would be variance about the Election That the Election was so expected in the Country that by his Estimation there were three Thousand Persons at the same And that Mr. Farmer had the Voices without denyal that Mr. Justice Windham Sir Thomas Knyvett Sir Nicholas Bacon Sir Henry Woodhouse and divers other Justices of the Peace Esquires and Gentlemen of great calling were at the Election and gave their Assents to the same and set their Hands and Seals to the Indenture Upon consideration of the whole matter it appeared unto them that the first Writ and Return were in matter and form perfect and duly executed the second Writ they thought could not be available besides that the precedent was perillous for the time to come in respect that it appointed two others to be Chosen The effect of the Writ besides not observed for that Mr. Gresham one of the same was chosen by the first Writ They further declared that they understood that the Lord Chancellor and divers of the Judges having examined the matter were of the same opinion He declared further that one of the Committees had moved that two of the Committees might have been sent to understand of my Lord Chancellor what he
Proctors a piece and of seven Temporal Lords not any nominated more than one It is also worth the observation that the Lord Burleigh the Lord Treasurer had this Parliament four several Proxies sent unto him entred in the Original Journal-Book of the Upper House in such order as they be here set down viz. from the Lord Dacres the Earl of Warwick Viscount Mountacute and the Lord Lumley On Thursday the 6 th day of February to which day the Parliament had been last continued the Queens Majesty was personally present coming unto 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 or Prolocutor whom they had been authorized to chuse on the last Tuesday when the Parliament first began And thereupon accordingly the Queen and Lords being set and the said Knights Citizens and Burgesles of the House of Commons let into the Upper House two of the most eminent Personages of the said House did lead up to the Bar of the Upper House George Snagg Serjeant at Law who was chosen the Speaker or Prolocutor 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 Majesty to discharge him of that great place and to nominate some other more able and sufficient Member of the said House Whereupon the Lord Chancellor by commandment from the Queen did let him know that her Majesty did very well allow of his choice and thereupon encouraged him willingly and chearfully 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 the said Speaker according to the usual course and form rendring all humble thankfulness to the Queens Majesty for her undeserved goodness towards him 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 said Majesty divers petitions in the name and on the behalf of the said House of Commons first That during the continuance of this Session themselves and their necessary attendants and servants might be freed from all suits and arrests secondly That they might have free access unto her Majesty upon all urgent and important occasions and thirdly That they might have free liberty of speech in the said House to debate and dispute of such matters and things as shall be there purposed And lastly He petitioned her Majesty in 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 by commandment from the Queen shortly replied That her Majesty was graciously pleased to grant all his said Petitions and that he the said Speaker and the House of Commons should use and enjoy all such liberties and priviledges as others before them had been accustomed to use and enjoy in the times of her Majesties most noble Progenitors and withal admonishing them not to extend the said priviledges to any unreverent and misbecoming speech or unnecessary accesses to her Majesty Nota That the presence of the Lords is here omitted as it was before upon the first day of this Parliament through the Clerk of the Upper House his great negligence where also the foresaid Presentment of the Speaker is but shortly set down Then followed the continuance of the Parliament which is thus entred in the Original Journal-Book of the Upper House viz. the Lord Chancellor by the Queens Commandment continuavit praesens Parliamentum usque in diem Sabbathi prox ' hora octava On Saturday the 8 th day of February to which day the Parliament had been last continued were present these Lords Spiritual and Temporal following viz. Archiepiscopus Cantuarien ' Episcopus London ' Episcopus Winton ' Episcopus Sarum Episcopus Roffen ' Episcopus Cestren ' Episcopus Coven ' Litchf Episcopus Gloucestren ' Episcopus Lincoln ' Episcopus Petriburgen ' Episcopus Hereford Episcopus Cicestren ' Episcopus Bangor Nota That though the Bishops names are sometimes placed after the Earls and Viscounts as they are commonly in all places where they are made Committees yet in all the Journals of the Upper House where the presence of the Lords is marked they are always thus placed on the dexter side in respect chiefly of the Archbishop of Canterburies place which is before all others next the Prince Christopherus Hatton Miles Cancellarius Angliae Dominus Burleigh Dominus Thesaurarius Angliae Marchio Winton ' Comes Darbiae Magnus Seneschallus Comes Kantii Comes Sussex Comes Huntingdon Comes Bathon Comes Pembroke Comes Hartford Barones Dominus Howard Admirallus Angliae Dominus Hunsdun Camerarius Dominus Audeley Dominus Strange Dominus Cobham Dominus Stafford Dominus Gray de Wilton Dominus Darcie Dominus Sands Dominus Windsor Dominus Cromwell Dominus Wharton Dominus Rich. Dominus Willoughbie Dominus North. Dominus S t John Dominus Buckhurst Dominus Norris Nota That these names of such Lords as were present are supplied here out of the Original Journal Book of the Upper House on the third day of the Parliament because it is the first on which their presence is noted it having been omitted in the two foregoing days by the great negligence of Mr. Anthony Mason at this time Clerk of the said House Two Bills of no great moment had each of them their first reading of which the last was the Bill for the maintenance of Husbandry and for increase of Tillage Dominus Cancellarius continuavit praesens Parliamentum usque in diem Lunae prox ' hora nona On Monday the 10 th day of February to which day the Parliament had been last continued were four Bills read whereof the last being a Bill concerning Captains and Souldiers was read secunda vice commissa Domino Thesaurario Marchioni Winton ' the Earl of Oxford the Earl of Shrewsbury Lord Steward the Earl of Kent the Earl of Cumberland the Earl of Sussex the Earl of Essex the Bishop of Winchester the Bishop of Coven ' and Litchf the Bishop of the Lord Admiral the Lord Chamberlain the Lord Audley the Lord Strange the Lord Cobham the Lord Grey the Lord Wentworth the Lord Cromwell the Lord North the Lord Buckhurst and the Lord Norris Serjeant Puckering and Mr. Attorney Nota That here were Attendants of the Upper House and no Members of it are made joint 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 two last Parliaments of
Apparel was read secunda vice commissa uni Comiti 4 Baronibus On Saturday the first day of March to which day the Parliament had been last continued on Thursday foregoing two Bills of no great moment had each of them one reading of which the first being a Bill for Writs upon Proclamations and Exigents to be currant within the County Palatine of Durham was read tertia vice conclusa This Forenoon also the Lords Committees returned the Bill for the having of Horses Armour and Weapons signifying that they could get no meeting but of so small a number as their Lordships would not deal in so that the whole House presently proceeded to the Question whether it should be ingrossed or no upon which question asked the Lords with one consent agreed that it should be ingrossed On Monday the 3 d day of March to which day the Parliament had been last continued two Bills of no great moment had each of them one reading of which one of them was concerning the Sale of Thomas Hanfords Lands towards the payment of his Debts and another had been this Morning sent up to the Lords from the House of Commons These Bills being sent up to the Lords by Sir Francis Knowles Knight Treasurer of her Majestics Houshold and other Members of the House of Commons they had also Order to desire of their Lordships in the name of the said House that Mr. Sollicitor being returned a Member thereof might be suffered to come thither and give his attendance in the same To which desire of theirs their Lordships a little after sent down word by Mr. Serjeant Puckering and Mr. Attorney General to the said House that the said Mr. Sollicitor was called by her Majesties Writ to serve in the Upper House long before he was chosen a Member of the said House of Commons and therefore thought it very fitting he should still continue his attendance in the said Upper House Nota That there is no mention made in the Original Journal-Book of the Upper House of this Question touching the Attendance of the Queens Sollicitor but it was supplied out of the Original Journal-Book of the House of Commons fol. 242. a. On Tuesday the 4 th day of March Two Bills of no great moment had each of them one reading whereof the latter being a Bill for the sale of Thomas Hanfords Lands c. was read secunda vice 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 Councel at the next sitting of the Court which shall be on Thursday next at nine of the Clock Two Bills also of no great moment were this Forenoon sent up to the Lords from the House of Commons of which the first was the Bill for the better recovery of such costs and damages as shall be adjudged to any person against common Informers On Thursday the 6 th day of March to which day the Parliament had been last continued on Tuesday foregoing the amendments of the Bill for the maintenance of Husbandry and Tillage were read prima secunda vice commissae ad ingrossand One Bill concerning the preservation of Orford-Haven was brought up to the Lords from the House of Commons Three Bills also of no great moment had each of them one reading of which the first being a Bill to avoid abuses in chusing of Fellows and Scholars was read prima vice On Saturday the 8 th day of March to which day the Parliament had been last continued on Thursday foregoing Three Bills of no great moment had each of them one reading of which the first being a Bill for the maintenance of Husbandry and Tillage was read tertia vice conclusa M r Serjeant Shuttleworth and M r Doctor Awbery were sent down from their Lordships to the House of Commons with two Bills of which the first was the Bill for maintenance of Houses of Husbandry and Tillage and the second for reformation of excess in Apparel both which said Bills had been passed by their Lordships this Morning upon the third reading Nota That the sending down of these two Bills is wholly omitted in the Original Journal-Book of the Upper House through the great negligence of the Clerk of the said House and is therefore supplied out of the Original Journal-Book of the House of Commons fol. 245. b. On Monday the 10 th day of March to which day the Parliament had been last continued on Saturday foregoing four Bills of no great moment had each of them one reading of which the last being a Bill for an assurance to be made of the Jointure of Anne Wife of Henry Nevill Esquire was read secunda tertia vice communi omnium Procerum assensu conclusa Memorandum That before the third reading and passing of the Bill for the Jointure of the Wife of Henry Nevill by which all former Conveyances made by the said Henry Nevill 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 Conveyances 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 That then the said Indentures and Conveyances should be forthwith cancelled but if it shall not please her Majesty to give her Royal Assent Then the said Indenture and Conveyances should be safely re-delivered 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 were cancelled the 12 th day of May Anno Regni Eliz. 31. The Bill against Pluralities and Non-residence was this day brought up to their Lordships from the House of Commons Nota That the bringing up of this Bill to their Lordships being omitted in the Original Journal-Book of the Upper House is supplied out of that of the House of Commons fol. 246. a. On Tuesday the 11 th day of March The Bill against erecting and maintaining of Cottages was read tertiâ vice Two Bills also of rio great moment were brought up to the Lords from the House of Commons of which the first was a Bill of four Fifteens and Tenths and two entire Subsidies granted by the Temporalty The Bill for the assurance to be made of the Jointure of Ann the wife of Henry Nevill Esq which had been sent up to their Lordships from the House of Commons with another Bill against Informers on Tuesday the 4 th day of this instant March foregoing was this day sent down again to the said House with some amendments by Doctor Aubery and Doctor Cary. Nota That the sending down of this Bill from their Lordships to the House of Commons is by the negligence of M r Anthony Mason at this
thereof as they upon good considerations in their own conceits thought convenient And so offering the said Bill in such sort amended delivered in the same to be further dealt in by this House as this House should think good And withal moved further for avoiding of confusion hereafter and for a more orderly and speedy proceeding of this House in the making of Laws that they would from henceforth in their Commitments use to name a fewer number than they have hitherto in this Session of Parliament for the most part used to do And that those so to be named should give better Attendance in the same Commitment than hitherto they have done this Session And further that at each meeting of the same Committees at the times and places appointed for the same the names of all the said such Committees should then be first read and if the more part of them or at least the one half of them shall be present then the more part or one half of them to proceed to Conference accordingly or else not Which Motion was well liked of and allowed Sir John Parrot one of the Committees in the Bill of Quo titulo ingressus est sheweth that by reason of the great time spent yesterday in the Commitment of the Bill touching Informers and Informations upon penal Statutes he and the residue of the said Committees in this Bill could not end their Conference in the same And therefore moved another meeting again about the same this Afternoon and that her Majesties learned Councel might also be there with them Whereupon for that it was then Answered by Mr. Vice-Chamberlain that her Highness said learned Councel could not be there this Afternoon but were he well knew to be elsewhere imployed all the same whole Afternoon It was resolved that the said Committees should nevertheless then meet together and proceed in the said Conference as much as they could in the mean time until a further time might be afterwards taken for her Majesties said learned Councel to be with them On Friday the 21 th day of February the Bill for the true payment of the Debts of Thomas Hanford was upon the second reading committed unto Mr. Comptroller Sir Henry Knyvet Mr. Alford Mr. Hare Mr. Graston and Mr. Francis Moor 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 that passed in the last Parliament from this House to the Lords to be also delivered to the said Committees both which Bills were then delivered to Mr. Comptroller Upon a Motion made by Mr. John Stubs it is Ordered that Thomas Drury may with his free liberty by the priviledge of this House attend the Committees in the Bill for the relief of Thomas Haselrigg Esquire exhibited into this House against him and also to prosecute in the same cause without any molestation or arrest during the pleasure of this House Vide March 7. March 18 Mar. 19. following Mar. 21. Upon a Motion made by Mr. Harris that divers Members of this House having Writs of nisi prius brought against them to be tried at the Assizes in sundry places of this Realm to be holden and kept in the Circuits of this present Vacation and that Writs of Supersedeas might be awarded in those Cases in respect of the priviledge of this House due and appertaining to the Members of the same It is agreed that those of this House which shall have occasion to require such benefit of priviledge in that behalf may repair unto Mr. Speaker to declare unto him the state of their Cases and that he upon his discretion if the Cases shall so require may direct the Warrant of this House to the Lord Chancellor of England for the awarding of such Writs of Supersedeas accordingly Upon a Motion made by this House that ..... Saintpole Esquire one of the Knights in this present Parliament for the County of Lincoln being also Sheriff of the said County of Lincoln at this present time might have Licence by this House to depart into the Country about the attendance of his said Office of Sheriffwick It was granted and agreed that he might so do accordingly Nota That by this it appeareth to be a thing no ways strange or in it self incompetible for a Sheriff of any Shire to be a Member of the House of Commons and there to perform the service of that House And that the Licence given to such at any time to depart is no other than is at any time vouchsafed of course to the Members of that House upon any urgent occasions by them alledged requiring their absence for some time be it longer or shorter of which also there is a remarkable Precedent in the Journal of the House of Commons de Anno 27 Reginae Eliz. upon Friday the 4 th of December and another Precedent also in the same Parliament upon Tuesday the 23 th day of February de anno isto praedicto 27 Reginae Eliz. yet was there a Precedent in this very Case otherwise adjudged by the House after much dispute upon Wednesday the 4 th day of November in the Parliament de anno 43 44 Reginae Eliz. Anno Domini 1601. Where Sir Andrew Nowell being Sheriff of the County of Rutland was afterwards Elected one of the Knights for the same and so compelled to return himself which perhaps also may make the difference in the Case and that where any man is first Elected a Member of the House of Commons and afterwards made Sheriff of some County his first Election stands good Vide etiam Dec. 2. de anno isto 43. The Proviso to the Bill concerning Purveyors was twice read and in the Bill these words or within were interlined in one place of the said Amendments in the said Bill and inserted in the Bill by Order of this House which were also twice read and so the Bill and Proviso Ordered upon the question to be ingrossed The Amendments in the Bill touching Informers were twice read and upon the question Ordered to be ingrossed Four Bills also of no great moment had each of them one reading of which the last being the Bill for repealing of certain Statutes was read the second time and upon the question committed unto Mr. Cromwell Mr. Broughton Mr. Edward Dyer M r Grafton and others who were appointed to meet upon Tuesday next at Serjeants-Inn Hall in Chancery Lane at two of the Clock in the Afternoon The Committee in the Bill touching Orford-Haven who were appointed on Thursday the 13 th day of this instant February foregoing is deferred till to morrow in the Afternoon at two of the Clock in the place formerly appointed The Commitment in the Bill against multiplicity of Suits and the excessive number of Attornies who were appointed on Monday the 17 th day of this instant February foregoing is appointed to be dealt in at one
Mr. Speaker to depart home It should seem by these two words viz. Non sol set in the Margent over against the names of these two last mentioned members of the House that the said Members did not leave any money with the Serjeant of the House to be distributed amongst the poor at their departure Which I conceive is here noted because two others that departed at this time also into the Country upon like occasions did either of them leave money with the said Serjeant to be so distributed as now immediately followeth Giles Hutchins Gent ' returned a Citizen into this present Parliament for the City of New Sar. is licensed by Mr. Speaker to depart upon his necessary occasion by reason of the extream Sickness of Mr. William Blaker and the said Mr. Hutchins left with the Serjeant of this House two shillings and four pence to be distributed amongst the poor John Cotten Esquire one of the Knights returned into this present Parliament for the County of Cambridge is in respect of the present Sickness of Sir John Cotten Knight Father of the said John Cotten Esquire licensed to depart into his Country for this time And the said Mr. Cotten left with the said Serjeant twelve pence to be given to the poor On Monday the 12 th day of March Mr. Lewes one of the Committees in the Bill concerning salted Fish and salted Herrings shewed that he and the residue of the Committees have taken pains in consideration of the said Bill and have added a Proviso to the said Bill and prayeth the twice reading of the same Proviso and that then the same Proviso and Bill may be Ordered to be ingrossed Whereupon the same Proviso being twice read the said Bill and Proviso after some Speeches both against and with them were upon the question referred to the former Committees who were appointed on Monday the 5 th day of this instant March foregoing to be considered of in the Afternoon of this present day in the Exchequer Chamber The Bills committed for confirmation of Letters Patents to the Mayors Sheriffs Citizens and Commonalty of Lincoln and concerning the lawful deprivation of Edward Bonner late Bishop of London are delivered to Sir Edward Dymock one of the Committees in the same The Bill for reducing of disloyal Subjects to their due Obedience was brought in by the Committees and also a new Bill made for that purpose with prayer that the same Bill may be read But what those alterations were upon which the old Bill was rejected and a new Bill framed are not set down in the Original Journal-Book it self and therefore because it is a matter of no small consequence and may also be of some use I have inserted the particulars thereof out of the aforesaid Anonymous Journal more particularly mentioned at the beginning of this present Journal which are there set down in manner and form following The particulars of the first Bill exhibited against Recusants 1. THE party so Indicted and Convicted shall forfeit all his Goods and Chattles which he hath in his own right or in the right of his Wife 2. Item He shall forfeit two parts of his Lands Tenements and Hereditaments if he be born under her Highness Allegiance of the Age of sixteen years 3. Item A Feme Covert shall lose her Dower or Jointure which she might have by her Baron 4. Item If a Man match with an Inheritrix being a Recusant he shall lose two parts of those Lands to the Queen Neither of them shall Administrate to any Man 5. Item Such a party being a Recusant shall be disabled to make any purchase or sale of Lands 6. Item He shall be disinabled either to take or make any Lease to the use of himself or to the use of his Wife 7. Item A Recusant shall forfeit for keeping any such Recusant Person in his House either Servant or Stranger ten pound every Month being at one time so long in his House or at several times in the year 8. Item He shall be barred to bear any Office in the Land or to practise as Councellor Doctor Sollicitor Proctor Attorney or Advocate to the Law 9. Item He shall have his Children taken from him if they be above the Age of seven years which are to be disposed of by the Lords of the Council or the Ordinary or the Judges of Assizes for the time being and their maintenance to be raised out of a third part of such a Recusants Living 10. Item He shall be disinabled to make any bargain or sale of any of his Goods or Chattles 11. Item 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. 12. Item If any person be Indicted for Recusancy of Malice he shall have his remedy against the party at the Common Law 13. Item 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 detesting the Church of Rome which he shall also do in open Court before the Judges of Assize 14. Item If any such person after such Recantation fall into relapse he shall lose the benefit of the former Recantation for ever Lastly There is a Proviso that those that have already bought Lands of any that 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 by the aforesaid Committees received all these alterations following whereupon it came in as a new Bill again THE two first Articles altogether omitted being thought too hard The third that the Woman is to lose but two parts of her Jointure or Dower after her Husbands Death The fourth That the Husband not being Recusant is to forfeit no part of his Land for his Wives Recusancy The fifth All Sales made by Recusants since 2 Eliz. of Lands whereof he taketh the profits or which Conveyance is upon any trust and 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 bonâ fide c. The sixth They shall be disinabled to be Justices of Peace Mayors Sheriffs c. The ninth Children being ten years old until they be sixteen years to be disposed of at the appointment of four Privy-Councellors the Justices of Assize the Bishop of the Diocess Justices of Peace If the third part of the Lands suffice not for maintenance the rest to be levyed 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 under colour of any dispensation or other allowance from the Pope but for Conscience and Religion Thus far
Barrowists and Brownists without peril of intrapping honest and loyal Subjects Which in the end after sundry Speeches both with the Motion and against it it was presently upon the Question assented unto and Ordered that M r Vice-Chamberlain accompanied with a convenient number of the Members of this House should presently repair to the Lords to move the said Conference accordingly Which so being done the said M r Vice-Chamberlain shewed that their Lordships had willingly assented unto the said Conference and did appoint for that purpose the time to be at two of the Clock this Afternoon in the accustomed place Which done it was Ordered that the former Committees who were appointed on Wednesday the 4 th day of this instant April foregoing should then and there attend their Lordships And the Bill was delivered to M r Vice-Chamberlain Wesselen Weblen Beer-Brewer and John Lightburn Serjeant at Mace being present at the Bar and charged by M r Speaker very deeply and amply with their great contempt against the Authority and Jurisdiction of this most High Court of Parliament in Arresting of M r Francis Neale one of the Members of this Honourable Assembly to the great prejudice and derogation of the antient and usual Liberties and Priviledges of this House They the said Weblen and Lightburn humbly submitted themselves and pretended by Ignorance to extenuate their faults Which done and they being sequestred after some Speeches and debates touching the punishment of the said Weblen and Lightburn some one way and some another it was in the end resolved upon the Question that they should be committed Prisoners to the Tower by Order of this House there to remain during the pleasure of this House And then afterwards the said Weblen and Lightburn being brought in again to the Bar M r Speaker remembring again unto them the hainousness of their offence pronounced unto them the said Judgment of this House and gave charge unto the Serjeant of this House to deliver the said Weblen and Lightburn unto M r Lieutenant of the Tower according to the said Order and Judgment of this House against them Vide in principio diei praecedentis On Saturday the 7 th day of April the Bill concerning Coopers was upon the second reading committed unto M r Serjeant Harris M r Dalton M r Wroth and others and the Bill was delivered to Sir John Hart one of the same Committees who with the rest was appointed to meet at two of the Clock this Afternoon in the Exchequer Chamber The Bill for Naturalizing of Justin Dormer and George Sheppy was upon the second reading Ordered to be ingrossed M r Finch one of the Committees in the Bill for the avoiding of deceit used in making and selling of 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 praying the reading of the same Amendments 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 and passed upon the Question accordingly Sir John Hart one of the Committees in the Bill for the true assizing and marking of Timber appointed on Thursday the 5 th day of this instant April foregoing shewed the meeting of the Committees and their opinion of nothing fit to be done without much inconvenience in the said Bill at all and so delivereth in the said Bill again to the House The Bill for the Explanation of the Statute made in the thirty fourth year of King Henry the Eighth as well touching Grants made to his Majesty as for Confirmation of Letters Patents made by his Highness to others was upon the second reading committed unto all the Privy-Council M r Amersham M r Attorney of the Dutchy Sir Francis Drake Sir Walter Raleigh and others and the Bill was delivered to Mr. Chancellor of the Exchequer together with the Committees Names who with the rest was appointed to meet at two of the Clock this Afternoon in the Exchequer Chamber Mr. Tasborough moveth the reading of the Amendments of the Bill for the ease of Jurors returned upon Tryal which Amendments being twice read the Bill was upon the Question Ordered to be ingrossed Mr. Vice-Chamberlain one of the Committees in the Bill for Explanation of a branch of a Statute made in the twenty third year of her Majesties Reign Intituled An Act to retain the Queens Majesties Subjects in their due Obedience with some Additions to the same who had been appointed on Wednesday the 4 th day of this instant April foregoing shewed the meeting with the Lords in Conference and withal the very honourable and grateful acception and allowance of their Lordships unto all the reasons of this House offered unto their Lordships by the said Committees of this House and so concluding shewed that such Additions Substractions and Alterations have been made as by the good liking as well of the said Committees of the Lords as by the more part of the said Committees of this House was thought fit and so moved that the same Additions Substractions and Alterations might be read to the House for the further liking of this House in the same at their pleasures Which being so read accordingly it was after sundry contrary Arguments Ordered that some of the former Committees of this House should presently have further consideration thereof in the Committee Chamber of this House which was thereupon so done accordingly Vide concerning this matter on Wednesday the 4 th day of this instant April foregoing M r Serjeant Owen and M r Doctor Ford do bring from the Lords the Bill lately passed this House for M r Anthony Cooke with a saving now added by their Lordships And the Bill also for the Relief of Souldiers and Mariners likewise lately passed this House with some Additions now also added to the same by their Lordships The saving in the Bill for M r Anthony Cooke lately sent down to this House from the Lords was three times read and so passed upon the Question The additions in the Bill for the relief of Souldiers and Mariners lately sent down to this House by the Lords were three times read and upon the Question passed and were ordered to be inserted into the same Bill The Bill concerning Brewers and the Brewing of Beer and Ale was read the third time and passed upon the Qestion The Bill for maintenance of Cloth-making in the Town of Crambrook in the County of Kent was read the second time and Ordered not to be committed The Bill for naturalizing of Justin Dormer and George Sheppy had its third reading and passed upon the Question The Bill for Explanation of a Branch of a Statute made the 23 th of her Majesties Reign intituled An Act to retain the Queens Majesties Subjects in their due obedience with some Additions to the same was read the third time And all the Additions and Amendments of this House to the same Bill
Puckering deceasing in A. D. 1596. the Custody of the Great Seal was committed unto Sir Tho. Egerton then her Majesties Attorney General who at this present and many years after supplied that place Neither finally doth this ensuing Journal want either matter of rarity in respect of the Lord La Ware 's right setling in his former place which had been for a while discontinued or matter of very good Precedent in respect of some Questions that arose betwixt the two Houses touching the manner and form of the Lord Keeper's delivering the Answer of the Lords to such Members of the House of Commons as should at any time be sent up unto their Lordships with any Message or Bill Before the particular Relation of each days passages in this present Parliament be inserted out of the Original Journal-Book of the Upper House the extraordinary and unusual Proxies entred also at the beginning thereof which had been returned and delivered in unto the Clerk of the said House during the continuance of the same are here in the next place to be transcribed and set down all of them together and cannot be so orderly digested and referred to each day on which they were returned as formerly they have been For whereas before this Parliament Henry Spilman and Anthony Mason Esquires who had been successively Clerks of the said Upper House did usually enter the said Proxies at the beginning of each Journal upon the days on which they were introducted or returned Now Thomas Smith Esquire succeeding the said Anthony Mason did only generally enter them at the beginning of this present Journal as had been formerly accustomed without any distinct setting down the several days on which they had been introducted delivered unto him Which course having been also since followed unto this present year 1629. the said Proxies can be no more referred to their proper days but must be once for all generally set down in this present Journal and in divers others ensuing before the beginning of the said Journal in manner and form following Literae procuratoriae in hoc Parliamento sunt allatae Archiepiscopi Eboracen ' Matthaei c. qui Procuratores suos constituit Johannem Archiepiscopum Cantuarien ' Richardum Episcopum London ' Tobiam Episcopum Dunelmen ' Richardum Episcopum Cestren ' conjunctim divisim Nota That whereas there is an c. after the word Matthaei in the Proxy foregoing it seemeth that these words are left out viz. absentis ex licentia Dominae Reginae and so if nothing had been omitted the said Proxy as may very probably be conjectured should have been thus inserted Archiepiscopi Eboracen ' Matthaei absentis ex licentia Dominae Reginae qui Procuratores c. as is before set down Nota also That these Proxies are all entred in the Genitive Case and must therefore be severally referred to those foregoing words viz. Literae Procuratoriae in hoc Parliamento sunt allatae Tobiae Episcopi Dunelmen ' qui Procuratores suos constituit Richardum Episcopum London ' Johannem Episcopum Wintonien ' Herbertum Episcopum Hereforden ' conjunctim divisim Johannis Episcopi Carliolen ' qui Procuratorem suum constituit Johannem Archiepiscopum Cantuarien ' Willielmi Episcopi Asaphen ' qui Procuratores suos constituit Johannem Archiepiscopum Cantuarien ' Richardum Episcopum London ' Johannem Episcopum Bathon ' Wellen ' conjunctim divisim Willielmi Episcopi Lincoln ' qui Procuratorem suum constituit Johannem Archiepiscopum Cantuarien ' Herberti Episcopi Hereforden ' qui suos Procuratores constituit Episcopos Roffen ' Coventr ' Litchfield ' Norwicen ' Antonii Episcopi Meneven ' qui Procuratores suos constituit Episcopos Wigorn ' Bathon ' Wellen ' Norwicen ' Note that the Bishops Proxies are set before the Proxies of the Temporal Lords not because as I suppose they were all returned first but because of their Ecclesiastical Dignity and in respect that the Archbishop of Canterbury one of their Order is the first Peer of the Realm Whence also their names are usually first set down in the Journal-Book where the presence of the Lords is noted each day when they sit as long as the Parliament continueth There were also nine Temporal Lords which this Parliament sent their Proxies but in respect that according to the common use each of them constituted but one Proctor apiece they are omitted as not worthy the observation Only the last of them being the Lord Willoughbies Proxy of Eresby I thought good to have inserted because some exotick Titles are given him it it viz. Peregrini Domini Willoughby Beake Eresby qui suum Procuratorem constituit Edwardum Dominum Zouch Nota That all the foregoing Proxies which were sent from the Bishops were extraordinary or unusual Proxies in which a Spiritual Lord did constitute but one Proctor or more than two whereas usually the Bishops do constitute two Proctors apiece and the Temporal Lords but one And now the aforesaid Proxies being thus inserted the particular relation of some Passages of each day during the continuance of this Parliament are in the next place transcribed out of the Original Journal-Book of the Upper House and some part also now at the very beginning out of a certain fragmentary and imperfect Journal of the House of Commons taken at this Parliament by a Member of the same On Monday the 24 th day of October the Parliament began and her Majesty with the greatest part of the Nobility and others in great state and comely manner came from her Palace of Whitehall towards Westminster Church about one of the Clock in the Afternoon riding in a Chariot open all covered over head Canopy-wise with Cloth of Tissue or Cloth of Silver Where after she had heard a Sermon she went on foot to the Parliament House The Lords Spiritual and Temporal present this day in the Upper House with her Majesty are set down in the Journal-Book to be these Johannes Archiepiscopus Cantuarien ' Thomas Egerton Miles Dominus Custos magni Sigilli Dominus Burleigh Dominus Thesaurarius Angliae Marchio Winton ' Comites Comes Sussex Magnus Marescallus Comes Nottingham Magnus Senescallus Comes Northumbr ' Comes Salop ' Comes Kantiae Comes Wigorn ' Comes Cumberland Comes Bedford Comes Hartford Comes Lincolniae Vice-Comes Bindon Episcopi Episcopus London ' Episcopus Winton ' Episcopus Roffen ' Episcopus Covent ' Litchf Episcopus Gloucestren ' Episcopus Peterburgen ' Episcopus Hereford Episcopus Wigorn ' Episcopus Bathon ' Wellen ' Episcopus Meneven ' Episcopus Norwicen ' Episcopus Lincoln ' Episcopus Landaven ' Episcopus Cestren ' Episcopus Cicestren ' Barones Dominus Hunsdon Camerar ' Dominus Zouch Dominus Berkley Dominus Morley Dominus Cobham Dominus Stafford Dominus Scroope Dominus Dudley Dominus Lumley Dominus Darcy de Menell Dominus Sands Dominus Windsor Dominus Cromwell Dominus Wharton Dominus Rich. Dominus Willoughby de Parham Dominus Sheffield Dominus
Petition by her Commandment and direction it was sent unto the Lords into the Upper House by Sir Robert Cecill then her Majesties Secretary and endorsed on the back side thus in his own hand Her Majesty hath commanded me to signifie unto your Lordships that upon the humble Suit of the Lord de la Ware she is pleased this Petition be considered and determined in the House Robert Cecill Which Petition being this 5 th day of November sent unto the House was there read as followeth To the Queens most Excellent Majesty BEseecheth your most Excellent Majesty your most humble Subject Thomas le Ware K r That whereas Thomas sometimes Lord Le Ware Ancestor and great Grandfather of your said Subject whose Heir Male he is That is to say your Subject is Son and Heir to William who was Son and Heir to George who was Brother and Heir to Thomas who was Son and Heir to the said Thomas your Subject's great Grandfather in the third year of the Reign of King Henry the Eighth your Noble Father by Writ of Summons of Parliament of the said King Henry the Eighth came to the Parliament then holden at Westminster in the said third year and so continually the said Thomas the great Grandfather and his Heirs Males Ancestors of your Suppliant in many other Parliaments holden as well in the time of the said King Henry the Eighth as in the time of your Noble Brother King Edward the Sixth and in the time of your Dear Sister Queen Mary have come in their proper persons by their Writs and Commandment until the Parliament holden at Westminster in the first and second years of King Philip and Queen Mary which was after the Death of the said Thomas your Suppliants great Grandfather and of Thomas his Son that had not any Issue of his Body and of the said George who died in the Life of his Brother Thomas the said William Father of your Suppliant being the Son and Heir of the said George and Heir Male to his said great Grandfather to which Parliament he was not summoned for that he stood by Act of Parliament holden before at Westminster in the third year of the said Edward the Sixth disabled to claim and enjoy the dignity of the Seigniory of the Lord La Ware during his Life and the said William being now dead your said Suppliant is come to this present Parliament in his proper person by your Writ and Commandment May it please your most gracious Majesty to consider the Premisles and thereupon to Grant and Ordain by advice of your most wise Council in this present Parliament Assembled That your said Suppliant may have his place in this present Parliament in your presence as his Ancestors Lords La Ware have had in the said Parliament before this time This Petition being read it was referr'd to these Committees following viz. The Lord Treasurer the Earl of Nottingham Lord Admiral the Earl of Shrewsbury the Lord Bishop of London the Lord Bishop of Winton the Lord Zouch the Lord Stafford the Lord Windsor the Lord Shefsield the Lord North the Lord S t John of Bletso the Lord Buckhurst Sir Edmund Anderson Knight Lord Chief Justice of the Common-Pleas Sir William Perriam Lord Chief Baron and Edward Coke the Queens Attorney who were appointed to meet at the Council-Chamber in Whitehall on Sunday the 6 th day of November at two of the Clock in the Afternoon Where what they did and what Judgment the Lords and the whole House gave in this Case followeth afterwards on Thursday the 10 th of this instant November and on Monday the 14 th day of the same On Monday the 7 th day of November to which day the Parliament had been last continued the Bill for the speedy satisfaction of her Majesty against Accomptants was read secundâ vice and committed unto the Lord Archbishop of Canterbury the Lord Treasurer the Lord Admiral the Earl of Northumberland the Earl of Shrewsbury and the Earl of Worcester the Bishop of London the Bishop of Winchester and the Bishop of Norwich the Lord Zouch the Lord North and the Lord Buckhurst the Lord Chief Justice of England M r Baron Evans and M r Attorney General to attend the Lords appointed to meet at the Little Council-Chamber at Whitehall to Morrow being the 8 th day of November at four of the Clock in the Afternoon See more of this on Monday the 14 th of November following Nota That here upon the Commitment of an ordinary Bill the Judges are said to be appointed to attend the Committee of the Lords and are not nominated as Joint-Committees with them which is usually to be seen in every former Parliament almost of her Majesties Reign and therefore it should seem that either the Lords of the Upper House themselves did alter and abolish the said ancient Priviledges which the Judges had of being constituted Joint-Committees with them in respect that they were no Members of but only Assistants unto the said Upper House or else that Thomas Smith Esquire now Clerk of the said House was more careful and diligent in the distinct and exact setting down that the said Judges were not nominated as Joint-Committees but only to attend such Lords Committees as were appointed by the said House which Anthony Mason Esquire his Predecessor in the said place had for the most part neglected to distinguish And yet the said M r Mason may in some sort be justly excused of any universal or continual carelessness in this kind in respect that where the Lords Committees were appointed either to treat with the Committees of the House of Commons or by themselves about any matter of weight there the Judges and her Majesties Learned Councel are always set down as appointed to attend the said Lords Committees But when an ordinary Bill only was committed upon the second reading and especially if it concerned matter of Law there the Judges for the most part and sometimes also the Queens Learned Councel were nominated as Joint-Committees with them But whatsoever the usage hath been in former times most certain it is that not only in this present Parliament but in all that have been since unto this present year 1629. the said Judges being Assistants unto and the King 's Learned Councel being Attendants upon the said Upper House have never been nominated as Joint-Committees with their Lordships but have always been appointed to attend them And which may make it seem the more strange Whereas the Judges have liberty in the said Upper House it self upon leave given them by the Lord Keeper or the Lord Chancellor for the time being to cover their heads at a Committee they are now always accustomed to sit bare and uncovered which said course finally was constantly observed during all the continuance of this present Parliament as may appear not only by the instance foregoing but by those many other Committees which followed on Thursday the 24 th day of this instant November on
the same title as also of some Amendments in the Body of the Bill added by the Committees whose names see on Thursday the 24 th day of this instant November foregoing by M r Attorney General and D r Carew The Bill touching the School of Seavenoake was brought in by the Committees who were appointed to meet on Monday the 21 th day of this instant November foregoing although their names and the Commitment of the said Bill upon the second reading be there purposely omitted as matter of small consequence without alteration and commanded to be ingrossed On Thursday the first day of December to which day the Parliament had been last continued on Saturday foregoing The Bill concerning the School of Seavenoake was read tertiâ vice and sent to the House of Commons by M r Serjeant Drew and M r D r Stanhop The Bill for the establishing the Town Lands of Wanting c. was brought in by the Committees who were appointed on Saturday the 26 th day of this instant November foregoing although their names and the Commitment of the said Bill upon the second reading be there purposely omitted as matter of small consequence with a Proviso by them thought fit to be added thereunto which Proviso was twice read The Parties that Arrested the Lord Chandois Servant Edward Barston viz. William Wood and one Stephenson a Serjeant with two others were brought into the House by the Serjeant at Arms and upon some notice taken of the matter M r Justice Owen and M r Serjeant Drew were appointed to examine the same and to make report thereof to the Lords Vide concerning this matter on Saturday the 26 th day of this instant November foregoing The Lord Hunsdon Lord Chamberlain took his place this day as Baron of Hunsdon betwixt the Lord Chandois and the Lord S r John of Bletso On Saturday the third day of December to which day the Parliament had been last continued on Thursday foregoing the Bill for the establishing of the Town Lands of Wanting in the County of Berks was read tertiâ vice and sent to the House of Commons by M r Serjeant Drew and M r Attorney for their consideration of a Proviso thought fit to be added by the Committees Five Bills were sent up to the Lords from the House of Commons of which the first was the Bill for the encrease of Mariners and for maintenance of the Navigation repealing a former Act made in the twenty third year of her Majesties Reign bearing the same title which said Bill was sent from the Lords to the House of Commons for their consideration and allowance of the title and some Amendments in the Body of the Bill A second being the Bill for erecting of Hospitals or abiding and working Houses for the Poor was read primâ vice Two Bills also of no great moment had each of them one reading of which the first being the Bill for the better and safer Recording of Fines to be levied in the Court of Common Pleas was read primâ vice Upon the Report of M r Justice Owen and M r Serjeant Drew unto whom the Examination of the matter was committed concerning the Arresting of Edward Barston Servant to the Lord Chandois by one Stephenson a Serjeant of London at the Suit of one William Wood these two being found and judged to have willfully offended therein against the priviledge of the House were committed and sent to the Prison of the Fleet there to be kept close Prisoners until further direction should be given by the Lords of Parliament And whereas the two others were this day brought into the House before the Lords and supposed to be partakers of the same offence they upon Examination being found not to have wilfully committed any fault therein were dismissed and Order given accordingly by the Lords for their discharge in that behalf And also for the discharge of Edward Barston out of the Prison of the Counter Vide concerning this matter on Saturday the 25 th day of November foregoing and on Thursday the first day of this instant December last past as also on Monday the 5 th day of this said December following as also on Wednesday the 14 th day of the same Month. On Monday the 5 th day of December to which day the Parliament had been last continued on Saturday foregoing Six Bills of no great moment were brought up to the Lords from the House of Commons of which the first was the Bill for erecting Houses of Correction and Punishment of Rogues and Sturdy Beggars And the second being the Bill to restrain Brewers to keep two Coopers and no more was read primâ vice The Bill for the Confirmation of the Jointure of Christian Lady Sands was read primâ vice Four other Bills also of no great moment were read secundâ vice and thereupon Committed The absence of the Earl of Essex Lord Viscount Bindon Earl of Cumberland Lord Scroope Lord Willoughby of Eresby Bishop of Rochester excused by the Lord Rich. Lord Chandois Lord Wharton Lord Zouch Bishop of Bath and Wells This day Order was given for the Release of Stephenson the Serjeant that arrested the Lord Chandois his Servant Vide concerning this matter on Saturday the 26 th day of November last past as also on Thursday the 1. day and on Saturday the 3. day of this instant December foregoing On Tuesday the 6 th day of December Two Bills of no great moment had each of them one Reading of which the first being the Bill for erecting of Houses of Correction for punishment of Rogues Vagabonds and sturdy Beggars was read secunda vice The Committees in the Bill Entituled An Act for the better and safe Recording of Fines to be levyed in the Court of Common Pleas who were appointed yesterday although their names and the Commitment of the said Bill upon the second reading be there purposely omitted as a matter of small consequence returned the same to the House with some Amendments which Amendments were twice read and the Bill commanded to be ingrossed On Wednesday the 7 th day of December Seven Bills of no great moment had each of them one reading of which the first being the Bill for Confirmation of the Jointure of Christian Lady Sandes was read secunda vice and commanded to be ingrossed and the second being the Bill for the better and safer Recording of Fines to be levied in the Court of Common-Pleas was read tertiâ vice and sent down to the House of Commons by M r Attorney and D r Stanhop Hodie retornatum fuit breve Thomae Domini Howard de Walden On Thursday the 8 th day of December Two Bills of no great moment had each of them one reading of which the first being the Bill for the enabling of Edmund Mollineux Esquire to sell Lands for the payment of his Debts and Legacies was read prima vice And the second being the Bill for confirmation of the Jointure of Christian Lady Sandes was read tertiâ vice and
Journal-Book of the Upper House viz. Die Mercurii viz. undecimo die Januarii to which day the Parliament had been last Adjourned on Tuesday the 20 th day of December foregoing Domini tam Spirituales quà m Temporales quorum nomina subsequuntur praesentes fuerunt Archiepiscopus Cantuarien ' Thomas Egerton Miles Custos magni Sigilli Dominus Burleigh Dominus Thesaurar Angliae Comites Comes Essex Magnus Marescallus Angliae Comes Nottingham Magnus Seneschallus Comes Northumbr ' Comes Salopiae Comes Darbiae Vice-Comes Bindon Episcopi Episcopus London Episcopus Roffen ' Episcopus Peterburgen ' Episcopus Bathon ' Wellen ' Episcopus Landaven ' Episcopus Cestren ' Episcopus Cicestren ' Barones Dominus Hunsdon Camerarius Dominus Zouch Dominus La Ware Dominus Cobham Dominus Stafford Dominus Grey de Wilton Dominus Scroope Dominus Stourton Dominus Sandes Dominus Wharton Dominus Rich. Dominus Darcy de Chich. Dominus North. Dominus Buckhurst Dominus Compton Nota That though I do usually observe in all these Journals never to have the presence of the Lords transcribed but at the beginning only of a new Parliament or at least a new Session yet I have observed it here though but at the beginning of a new meeting in respect that the presence of the Lords before set down at the beginning of this Parliament on Monday the 24 th day of October being much greater than that of this day could not serve to be any rule for the presence of those that attended at this new meeting which is for the most part the chiefest reason why the presence of the Lords is marked on the first day of the Parliament or on the next day from the first on which they be noted if through the Clerk of the Upper House his negligence as it often happeneth it be 〈◊〉 〈◊〉 the said day A second but less material cause why I have their names transcribed is to see the due places and precedences of the Lords Temporal This Wednesday as soon as the Lords were set it should seem that the Earl of Essex having been created Earl Marshall the 28 th day of December last before this instant took his place according to his said Office viz. next after the Earl of Oxon Chamberlain of England and before the Earl of Nottingham Lord Steward and Lord Admiral The said Earl Marshal having taken his 〈◊〉 as aforesaid was added to the Committees in the Bill intituled An Act for encrease of people for the service and defence of the Realm who were appointed on Tuesday the 20 th day of December foregoing His Lordship also was added to the Committees upon the Bill for the relief of the Poor in times of extream dearth who were appointed to meet at the great Council Chamber at Whitehall upon Friday the 13 th day of this instant January following by two of the Clock in the Afternoon The Committees upon the Bill concerning Broakers and Pawntakers were appointed to meet at the great Council Chamber c. upon Friday the 13 th day of this instant January following by two of the Clock in the Afternoon The Bill for maintenance of Husbandry and Tillage was read secunda vice and referred to the same Committees which are for the Bill for encrease of people c. who were appointed to meet at the great Council Chamber c. on Tuesday the 20 th day of December foregoing and to meet at the same time and place Three Bills had each of them one reading of which the first being the Bill for recovery of three hundred thousand Acres of waste Marish and watery grounds in the Isle of Ely and the Counties of Cambridge Huntington Northampton Lincoln Norfolk and Suffolk was read secundâ vice and committed unto the Lord Treasurer the Earl of Essex Lord Marshal the Earl of Nottingham Lord Admiral the Bishop of Peterborough the Bishop of Bath and Wells the Bishop of Norwich and the Bishop of Chichester the Lord Hunsdon Lord Chamberlain the Lord De la Ware the Lord Cobham the Lord Rich the Lord Darcie of Chich the Lord North and the Lord Buckhurst and M r Justice Gaudie and M r Serjeant Drew to attend their Lordships All which were appointed to meet at the little Chamber near the Chamber of Parliament presence on Saturday the 14 th day of January following in the Morning before the House sit On Thursday the 12 th day of January the Bill entitled An Act for encrease of People for the service and defence of the Realm was returned unto the House by the Committees who were appointed on Tuesday the 20 th day of December foregoing and a Motion was made by the Lord Arch-Bishop of Canterbury the first of the Committees that a Conference might be had with a competent number of chosen persons of the House of Commons for the better perfecting of the Bill Whereupon M r Attorney and M r Doctor Stanhop were addressed to the House of Commons with a Message to that effect and the time and place of meeting desired to be at the great Council Chamber at the Court at Whitehall to Morrow being the 13 th day of this instant January ensuing by two of the Clock in the Afternoon Certain Select Committees who were chosen by the House of Commons concerning the said Bill for increase of People c. were sent to the Lords signifying their allowance of the time and place appointed for meeting about that Bill and desired in the mean time to have delivered unto them in writing such Objections as their Lordships do make unto the said Bill to the end they might be the more ready to deliver their Opinions and resolutions at the said meeting The Lords having considered of this Motion thought it unfit and not agreeable to the Order of this House to deliver the same in writing And therefore agreed that answer should be made that if upon verbal Conference they should remain unsatisfied touching the said Objections then they should have the same delivered unto them in writing for their further consideration thereof Which answer was presently notified to the said select Committees And in the mean season the Judges were required to set down the said Objections in writing that it might be in readiness for the said Committees of the House of Commons if upon the verbal Conference they should not be satisfied Vide concerning this matter on Saturday the 14 th day of this instant January following Three Bills of no great moment had each of them one reading of which the last being the Bill for the making of Bayes in the Counties of Essex and Suffolk was read secundà vice and committed unto the Lord Treasurer the Earl of Essex Lord Marshal the Bishop of Norwich the Lord Hunsdon Lord Chamberlain the Lord Rich the Lord North and the Lord Buckhurst and the Lord Chief Baron and M r Attorney General to attend their Lordships Vide concerning this Attendance of the Judges on Monday the 7 th day of November
were twice read and agreed that the Bill should be engrossed Vide touching this matter on Tuesday the 13 th day and on Wednesday the 14 th day of December foregoing as also on Thursday the 26 th day of this instant January last past A new meeting was appointed for the Committees upon the Bill Intituled An Act for reformation of certain abuses touching Wine-Casks who were appointed on Thursday the 19 th day of this instant January foregoing and the time and place appointed to Morrow Morning in the little Chamber near the Parliament presence On Tuesday the 31 th day of January the Committees in the Bill concerning Lessees and Patentees who had been appointed on Wednesday the 25 th day of this instant January foregoing were this day appointed to meet to Morrow the first day of February following in the Afternoon in the little Chamber near the Parliament presence and the Judges there required to attend The Bill for retailing Broakers and other Pawn-takers was read secundâ vice and was referr'd to the Committees formerly appointed for that Bill on Saturday the 14 th day of this instant January foregoing with Addition of some Lords who met presently about the same and returned the Bill with some Amendments which being presently twice read the Bill was commanded to be ingrossed The Bill for reformation of certain abuses touching Wine-Casks was returned by the Earl of Nottingham the second of the Committees with some Amendments which were presently twice read and the Bill commanded to be ingrossed Three Bills of no great moment had each of them one reading of which the last being the Bill concerning Garret de Malynes and John Hunger Merchant Strangers was read primâ vice The Bill for establishing a Jointure to Anne Lady Wentworth was returned unto the House with some Amendments and a Proviso thought meet to be added which Amendments and Proviso were twice read and the Bill commanded to be ingrossed A Motion was made from the House of Commons by Sir John Fortescue and others that some new time might be appointed for Conference about the Bill Intituled An Act to reform sundry abuses committed by Souldiers c. in regard they had appointed some other meeting this Afternoon for preparing of a Bill of Accomptants in readiness to proceed their Lordships having considered of the Motion made Answer by the Lord Keeper That they wished for some good consideration that the appointed time viz. this Afternoon might hold for this Conference supposing that if it pleased the Committees of the House of Commons to come somewhat the sooner this Afternoon for this purpose they might well enough perform both the one and the other Vide diem praecedentem Two Bills lastly had each of them one reading of which the first being the Bill for enabling of Edmund Mollineux Esq to sell Lands for payment of his Debts and Legacies was read tertiâ vice and sent down to the House of Commons by Serjeant Drew and D r Carew Vide concerning this matter on Tuesday the 13 th day and on Saturday the 17 th day of December foregoing as also on Thursday the 20 th day and on Monday the 30 th day of this instant January last past On Wednesday the first day of February the Bill Intituled An Act for the reviving continuance Explanation perfecting and repealing of divers Statutes was 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 written Paper for a third reading It was agreed that a Conference should be had with some of the House of Commons about this Bill upon Friday Morning next The Bill for establishing of the Lands given by John Bedford's Will was read secundâ vice and committed which said Committees were appointed to meet presently in the little Chamber near the Parliament presence who returning with some Amendments and a Proviso thought meet to be added to the said Bill the said Amendments and Proviso were forthwith twice read and the Bill thereupon commanded to be engrossed Two Bills had each of them one reading of which the second being the Bill for Confirmation of the Jointure of the Lady Varney Wife of Sir Edmund Varney was returned to the House by the Earl of Shrewsbury the second of the Committees with some Amendments which were presently twice read and thereupon commanded to be engrossed The Bill lastly concerning Garret de Malynes and John Hunger Merchants Strangers was read secundâ vice and the parties on both sides are to be heard openly in the House by their Councel Learned on Friday Morning next On Friday the third day of February to which day the Parliament had been last continued on Wednesday foregoing Three Bills had each of them one reading of which the first being the Bill for the establishing the Lands given by John Bedford's Will c. was read tertiâ vice and sent to the House of Commons by Serjeant Drew and Doctor Stanhop for their consideration of the Amendments and a Proviso added The Amendments and a Proviso in the Bill for recovering of three hundred thousand Acres more or less of Waste Marish and Watery grounds c. were this day twice read and thereupon Commandment given that the said Amendments should be written in Paper and the Proviso ingrossed in Parchment ready for a third reading Four Bills were brought up to the Lords from the House of Commons of which the first was the Bill concerning a Lease of great yearly value procured to be passed from her Majesty by William Kirkham the younger The Bill against deceitful stretching and tentering of Northern Cloths was returned to the House by the Earl of Shrewsbury the first of the Committees with some Amendments and a Proviso thought meet to be added which Amendments and Proviso were twice read and Commandment given that the said Amendments should be written in Paper and the Proviso ingrossed in Parchment ready for a third reading The Councel Learned as well on the part of Garrett de Malynes as of John Hunger c. was openly this day heard in the House I I de concerning this Bill in fine diei praecedentis Report was made by the Lord Treasurer what the substance of the Conference was between their Lordships and certain select Members of the House of Commons concerning the Bill for reviving continuing and repealing of divers Statutes And the same was referred to the Lord Chief Justice and others for their further consideration On Saturday the 4 th day of February the Bill concerning Broakers and Pawn-takers the Bill against the deceitful tentering of Northern Cloths and the Bill for reviving continuance and perfecting of divers Statutes were each of them read tertiâ vice and passed the House and were sent down to the House of Commons of which the two latter were returned for their consideration of certain Amendments and Provisoes added by their Lordships Two Bills had each of them one reading of which the
second being the Bill for Confirmation of Letters Patents granted by the Queens Majesty to the Mayor c. of the City of Lincoln in the thirty ninth year of her Reign for the taking the acknowledgment of Statutes Merchants was upon the second reading committed unto the Earl of Shrewsbury the Earl of Rutland the Bishop of Bath and Wells the Bishop of Chester the Lord Zouch the Lord Windsor the Lord Wharton the Lord Rich and M r Justice Clinch to attend their Lordships The Bill concerning Garret de Malynes and John Hunger Merchants Strangers was read tertiâ vice Vide concerning this matter on Wednesday the first day and on Friday the third day of this Instant February foregoing The Proviso added in the House of Commons concerning the Joynture of Christian Lady Sands was this day twice read The Proviso thought meet by the Committees in the Bill concerning the draining and recovery from the Water of certain overflowen grounds in the County of Norfolk was twice read and Ordered to be ingrossed A Motion was made by the Lord Buckhurst that the County of Sussex might be added to the general Bill of surrounded Grounds The like motion was made by the Lord North and others for the Counties of Somerset and Essex whereunto the House assented And the said three Counties were accordingly added to the rest On Monday the 6 th day of February the Bill for the confirmation of Letters Patents granted by the Queens Majesty to the Mayor c. of the City of Lincoln c. was returned to the House by the Earl of Shrewsbury the first of the Committees with some Amendments and a Proviso thought meet to be added The Bill that Lessees may enjoy their Leases against all Patentees their Heirs and Assigns was returned to the House by the Lord Archbishop of Canterbury the first of the Committees with a Proviso thought necessary to be added Excuse was made by the Earl Marshal for the absence of the Earl of Sussex in regard of his unhealthiness The like excuse was made by the Bishop of Rochester for the Bishop of Coventry and Litchfield Four Bills were brought up to the Lords from the House of Commons of which the first was for the more speedy payment of the Queens Majesties debts c. and the second against the Excess of Apparel The Bill for the explanation of an Act for the necessary relief of Souldiers and Mariners c. The Bill for the recovering of three hundred thousand Acres of Marsh-grounds more or less with one other of no great moment were each of them read tertiâ vice and passed the House and were sent down to the House of Commons by D r Carew and D r Stanhop Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in secundam horam post-meridian At which time the Amendments and Proviso added by the Committees to the Bill for Confirmation of Letters Patents granted to the Mayor c. of the City of Lincoln c. were twice read The Proviso also added by the House of Commons to the Bill for Confirmation of the Joynture of Christian Lady Sandes was read the third time and thereupon the Bill was expedited Three Bills also had each of them one reading of which the first being the Bill for the more speedy paying of the Queens Majesties debts and for the better explanation of the Act made Anno 13 o of the Queen intituled An Act to make the Lands Tenements Goods and Chattels of Tellors Receivors c. liable to the payment of their Debts was read secundâ vice Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in diem crastinum horâ nonâ On Tuesday the 7 th day of February Three Bills had each of them one reading of which the last being the Bill against the Excess of Apparel was upon the second reading committed unto the Earl Marshal the Lord Admiral the Earl of Northumberland and others Three Bills were brought up to the Lords from the House of Commons by Sir William Knolles Sir John Forteseue and others of which the second being the Bill against decaying of Towns and Houses of Husbandry was sent back with some Amendments which were presently twice read The Bill that Lessees may enjoy their Leases against all Patentees their Heirs and Assigns notwithstanding any default of payment of their Rent during the time that the Reversion or Inheritance remained in the Crown was returned with some Amendments by the Lord Chief Justice with a Proviso thought meet to be added Which Proviso and Amendments were once read A Message was sent to the House of Commons from their Lordships by M r Serjeant Drew and M r Doctor Carew for a Conference concerning the Bill against excess of Apparel with a competent number of the said House and the time and place was desired to be this Afternoon by two of the Clock in the great Chamber of the Upper House of Parliament Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in horam secundam postmeridianam At which time the Amendments in the Bill against decaying of Towns and Houses of Husbandry were read secundâ vice The Amendments and Provisoes thought meet to be added to the Bill concerning Patentees were read the second time and thereupon commandment was given that the said Proviso should be ingrossed in Parchment and the Amendments written in Paper ready for the third reading The Bill for Amendments of High-ways in the Counties of Sussex Surrey and Kent was read secundâ vice The Bill for reviving continuance Explanation and perfecting of divers Statutes was returned with their allowance of the Amendments and Proviso added by their Lordships Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in diem crastinum On Wednesday the 8 th day of February the Amendments in the Bill against decaying of Towns and Houses of Husbandry were read the third time as they were ingrossed in the Bill And thereupon the same Bill with the Amendments were expedited The Bill also for Amendments of High-ways in the Counties of Sussex Surrey and Kent was read tertiâ vice and expedited The Bill that Lessees may enjoy their Leases against all Patentees c. notwithstanding any default of payment of their Rents during the time that the Reversion or Inheritance remained in the Crown was returned to the House of Commons by Doctor Carew and Doctor Stanhop for their considerations of the said Amendments and Provisoes No continuance of the Parliament is Entred in the Original Book of the Upper House which seemeth to have happened by the Error of Thomas Smith Esquire at this time Clerk of the same On Thursday the 9 th day of February Seven Bills were brought up to the Lords from the House of Commons of which the first being the Bill for the further continuance and Explanation of an Act made in the thirty fifth year of the Queens Majesties Reign that now is was returned with the
only for Order to leave some short Memorial of them in the Journals of the House of Commons Now follows the continuance of the Parliament out of the Original Journal-Book of the Upper House where it is Entred in these words viz. Dominus Custos magni Sigilli ex mandato Dominae Reginae continuavit praesens Parliamentum usque in diem Jovis quintum Mensis Novembris After which as is set down in the foresaid private Journal room being made the Queen came through the Commons to go to the great Chamber who graciously offering her hand to the Speaker he kist it but not one word she spake unto him and as she went through the Commons very few said God save your Majesty as they were wont in all great Assemblies and so she returned back again to Whitehal by Water Now follow the next days Passages out of the Original Journal-Book of the Upper House On Thursday the 5 th day of November to which day the Parliament had been last continued on Friday the 30 th day of October foregoing were two Bills read of which the first being for Assurance of Lands and the second for the restraint of the excessive and superfluous use of Coaches within the Realm of England were each of them read primâ vice On Saturday the 7 th day of November 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 Zouch the Lord Cobham the Lord Grey the Lord Rich the Lord Howard of Walden and the Lord Chief Justice of her Majesties Bench the Lord Chief Justice of the Common Pleas the Lord Chief Baron and M r Attorney General were appointed to attend their Lordships The Bill to restrain the excessive use of Coaches within this Realm of England was read secundâ vice and rejected Hereupon Motion was made by the Lord Keeper that forasmuch as the said Bill did in some sort concern the maintenance of Horses within this Realm consideration might be had of the Statutes heretofore made and Ordained touching the breed and maintenance of Horses And that M r Attorney General should peruse and consider of the said Statutes and of some fit Bill to be drawn and prefer'd to the House touching the same and concerning the use of Coaches And that he should acquaint therewith the Committees appointed for the Bill before-mentioned for Assurance of Lands Which Motion was approved by the House The Bill for the preservation of Pheasants and Partridges was read primâ vice On Tuesday the 10 th day of November Two Bills had each of them one reading of which the second being the Bill for preservation of Pheasants and Partridges was read secundâ vice and committed unto the 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 Pembrook and divers others to attend the Lords Vide concerning this attendance of the Judges upon the Lords Committees on Thursday the 3 d day of this instant November foregoing who were appointed to meet at the Little Chamber near the Parliament presence and the Bill was delivered to the Archbishop of Canterbury On Thursday the 12 th day of November to which day the Parliament had been last continued on Tuesday foregoing The Bill concerning Musters Souldiers and other things appertaining thereunto was read secundâ vice and committed unto the Archbishop of Canterbury the Lord Treasurer and divers other Lords both Spiritual and Temporal And the Lord Chief Justice of England the Lord Chief Justice of the Common Pleas M r Justice Walmesley M r Justice Warberton M r Serjeant Yelverton and M r Attorney General were appointed to attend the Lords Two Bills were brought up to the Lords from the House of Commons by Sir William Knolles and M r Secretary Herbert of which the first being the Bill against fraudulent Administration of Intestates goods was read primâ vice The Bill for Assurance of Lands was this day returned to the House with certain Amendments by the Lord Archbishop of Canterbury the first of the Committees which Amendments were presently twice read and thereupon the Bill was appointed to be ingrossed Memorandum That upon the reading of the said Amendments the Lord Bishop of London one of the Committees did offer to speak unto the Bill or unto the said Amendments Whereupon a doubt was moved by the Earl of Nottingham Lord Steward whether it were agreeable to the good Order and Antient Custom of the House that the said Lord Bishop being one of the Committees and dissenting from the rest in some matter either of the Bill or of the Amendments might speak thereunto upon the bringing in and presenting of the Amendments or no. Which doubt being upon this occasion propounded in generality to the House by the Lord Keeper and put to the question It was adjudged and resolved by the major part That any Committee might speak in like case either to the body of the Bill or to the Amendments upon the bringing in of the same before it be ingrossed Upon which resolution Order was given to the Clerk of the Parliament that a remembrance or observation thereof should be Entred in the Journal-Book for the resolving and clearing of the like doubt if it should happen hereafter And thereupon after the reading of the Amendments the said Lord Bishop of London proceeded to his Speech and the Bill was appointed to be ingrossed as aforesaid Vide in the Parliament de an 39 Regin Eliz. on Tuesday the 24 th day of January Memorandum Report was made unto the House by the Lord Zouch of one William Hogan an Ordinary Servant of the Queens Majesty Arrested and Imprisoned upon an Execution by one John Tolkerne since the beginning of the Parliament And a Motion was likewise made by his Lordship to know the Judgment and resolution of the House in this point whether any Ordinary Servant of her Majesty though he be none of the Parliament be not priviledged and protected from Arrest during the time of the Parliament by vertue of his said Service to her Majesty in like sort as the Servants of the Lords of the Parliament attending the said Lords their Masters are priviledged and freed for that time from any Arrests of their Persons And withal being Arrested upon Execution whether in this Case he may by good Order of this House be discharged Which Motion and doubt the Lord Zouch professed that he did the rather propound because though there were divers Examples of former times touching the Servants of the Lords of the Parliament the like to this concerning one of the Queens Servants had not been so far as was remembred brought in question heretofore And therefore it pleased the Lords to take
Order After which ended and her Majesties Assent thereunto then the Dissolution of the Parliament followed by the Lord Keeper which is entred in the Original Journal-Book of the Upper House in these words following viz. Dominus Custos magni Sigilli ex mandato Dominae Reginae Dissolvit hoc praesens Parliamentum THE JOURNAL OF THE House of COMMONS A Journal of the Passages of the House of Commons in the Parliament holden at Westminster Anno 43 Reginae Eliz. Anno Domini 1601. which began there on Tuesday the 27 th Day of October and then and there continued until the Dissolution thereof on Saturday the 19 th Day of December ensuing Anno 44 Reginae ejusdem THIS large and copious Journal containeth in it not only a number of excellent Passages concerning the Orders and Priviledge of the House of Commons which are usually found in other Journals of the same House but also much matter touching the publick State and that great grievance of the Realm by reason of Patents of Priviledge or Monopolies in the abdication or censure of which her Majesty most graciously concurr'd with her Subjects In which also a great number of Speeches and other Passages which were not found in the Original Journal-Book of the said House are supplied out of a Journal of the same House taken at this Parliament by one of the Members thereof But yet to avoid confusion whatsoever is here inserted out of the said private Journal is particularly distinguished from that which is taken out of the above-mentioned Original Journal-Book of the House of Commons by some Animadversion or expression thereof both before and after the inserting of it The tenth Parliament of our Sovereign Lady Elizabeth by the Grace of God of England France and Ireland Queen Defender of the Faith c. begun at Westminster upon Tuesday being the 27 th day of October in the forty third year of her Majesties Reign upon which day many of the Knights for the Shires Citizens for Cities Burgesses for Boroughs and Barons for Ports returned into the same Parliament did make their appearance at Westminster aforesaid before the Right Honourable the Earl of Nottingham Lord Admiral and Lord Steward of her Highnesses most Honourable Houshold and did then and there take the Oath according to the Statute in that behalf made and provided tendred by the said Earl or by his Deputies who were Sir William Knolls Comptroller of her Majesties Houshold Sir John Stanhop her Highness Vice-Chamberlain Sir Robert Cecill Principal Secretary and John Herbert Esq second Secretary After which all the said Lord Steward's Deputies and some others of the House of Commons having gotten into the Upper House and her Majesty with divers of the Lords Spiritual and Temporal being set the greatest part of the residue of the Members of the said House of Commons had notice thereof about four of the Clock in the Afternoon being at that time still suting in the said House and expecting her Majesties Pleasure to be sent for up unto the said Upper House according to the antient usage and custom of former Parliaments And thereupon the said residue repaired immediately unto the Door of the said House but could not be let in the Door being still kept shut and so returned back again unto their own House much discontented Shortly after which time the Right Honourable Sir William Knolls one of the Deputies aforesaid came down into the said House of Commons and so being there set with the said residue for some little space of time M r Richard Lieffe one of the Barons returned into this present Parliament for the Port of Hastings in the County of Sussex stood up and shewing unto the said Comptroller the wrong done unto the greatest part of the Members of this House in their not being suffered to come into the said Upper House to hear her Majesties Pleasure signified by the Mouth of the Lord Keeper of the Great Seal of England humbly desired the said Comptroller to be a means that the effect thereof might be imparted unto some of the Members of this House for their better satisfactions Which as his Honour did think very reasonable and meet to be done at convenient time so did he impute the said fault wholly to the Gentleman-Usher of the said Upper House Which done and the residue of the said Deputies being shortly after come into the said House of Commons and there sitting the said M r Comptroller after some pause stood up and shewing unto this House that his place was to break the silence of this House for that time and putting the House in mind to make Choice of a Speaker according to her Majesties Pleasure given unto them in that behalf shewed that in his opinion he thinketh M r John Crooke Recorder of London returned one of the Knights for the City of London into this present Parliament to be a very fit able and sufficient Man to supply the whole Charge of the said Office of Speaker being a Gentleman very Religious very Judicious of a good Conscience and well furnished with all other good parts yet leaveth nevertheless the further consideration thereof to this House and so did sit again Which done and no one contrary Voice at all being delivered the said M r Crooke after some large Pause first taken stood up and very Learnedly and Eloquently endeavoured to disable himself at large for the burthen of that charge alledging his great defects both of Nature and of Art fit to supply that place and shewing all full Complements for the same to abound in many other Learned and grave Members of this House in the end prayed most humbly that they would accept of his due excuse and be pleased to proceed to a new Election and did then sit down again Whereupon the said M r Comptroller did stand up and said that hearing no negative Voice he took it for a due Election and demanding the further opinion of this House therein they all Answered Yea and gave their Assents Whereupon the said M r Comptroller and the Right Honourable Sir John Stanhop her Majesties Vice-Chamberlain immediately went to the said M r John Crooke and did set him in the Chair which done the said M r Crooke after some little pause did stand up and yielding unto this whole House most humble thanks for their great good opinion of him and loving favour towards him and praying them to accept of his willing mind and readiness and to bear with his unableness and wants in the service of this House referr'd himself to their good favours And then the said M r Comptroller signified further unto this House that her Majesties Pleasure was that the Members of this House having made choice of their Speaker should present him unto her Highness upon Friday next following in the Afternoon And so then every man departed and went his way On Friday the 30 th day of October about one of the Clock in the Afternoon the Knights Citizens and
Raleigh blusht Dice Starch and the like they are because Monopolies I must confess very burtful though not all alike hurtful I know there is a great difference in them And I think if the abuses in this Monopoly of Salt were particularized this would walk in the fore rank Now seeing we are come to the means of redress let us see that it be so mannerly and handsomely handled that after a Commitment it may have good passage M r Lawrence Hide I confess M r Speaker that I owe duty to God and Loyalty to my Prince And for the Bill it self I made it and I think I understand it And far be it from this heart of mine to think this tongue to speak or this hand to write any thing either in prejudice or derogation of her Majesties Prerogative Royal and the State But because you shall know that this course is no new Invention but long since digested in the Age of our Fore-fathers above three hundred Years ago I will offer to your considerations one Precedent 10 Ed. 3. At what time one John Peach was Arraigned at this Bar in Parliament for that he had obtained of the King a Monopoly for Sweet Wines The Patent after great advice and dispute adjudged void and before his face in open Parliament Cancelled because he had exacted three shillings and four pence for every Tun of Wine himself adjudged to Prison until he had made restitution of all that ever he had recovered and not to be delivered till after a Fine of five hundred pounds paid to the King This is a Precedent worthy of observation but I dare not presume to say worthy the following And M r Speaker as I think it is no derogation to the Omnipotence of God to say he can do all but evil So I think it is no derogation to the Majesty or Person of the Queen to say the like in some proportion Yet M r Speaker because two Eyes may see more than one I humbly pray that there might be a Commitment had of this Bill lest something may be therein which may prove the bane and overthrow thereof at the time of the passing M r Speaker quoth Serjeant Harris for ought I see the House moveth to have this Bill in the nature of a Petition It must then begin with more humiliation And truly Sir the Bill is good of it self but the penning of it is somewhat out of course M r Mountague said The matter is good and honest and I like this manner of proceeding by Bill well enough in this matter The grievances are great and I would note only unto you thus much that the last Parliament we proceeded by way of Petition which had no successful effect M r Francis Moore said M r Speaker I know the Queens Prerogative is a thing curious to be dealt withal yet all grievances are not comparable I cannot utter with my tongue or conceive with my heart the great grievances that the Town and Country for which I serve suffereth by some of these Monopolies It bringeth the general profit into a private hand and the end of all is Beggery and Bondage to the Subjects We have a Law for the true and faithful currying of Leather There is a Patent sets all at liberty notwithstanding that Statute And to what purpose is it to do any thing by Act of Parliament when the Queen will undo the same by her Prerogative Out of the spirit of humiliation M r Speaker I do speak it there is no Act of hers that hath been or is more derogatory to her own Majesty more odious to the Subject more dangerous to the Common-Wealth than the granting of these Monopolies M r Martin said I do Speak for a Town that grieves and pines for a Countrey that groaneth and languisheth under the burthen of monstrous and unconscionable Substitutes to the Monopolitans of Starch Tinn Fish Cloth Oyl Vinegar Salt and I know not what nay what not The principallest commodities both of my Town and Country are ingrossed into the hand of those blood-suckers of the Common-Wealth If a body M r Speaker being let blood be left still languishing without any remedy how can the good estate of that body long remain Such is the State of my Town and Country the Traffick is taken away the inward and private Commodities are taken away and dare not be used without the Licence of these Monopolitans If these blood-suckers be still let alone to suck up the best and principallest commodities which the earth there hath given us what shall become of us from whom the fruits of our own Soil and the commodities of our own labour which with the sweat of our brows even up to the knees in Mire and Dirt we have laboured for shall be taken by Warrant of Supream Authority which the poor Subjects dare not gainsay M r George Moore said I make no question but that this bill offereth good matter And I do wish that the matter may in some sort be prosecuted and the Bill rejected Many grievances have been laid open touching the Monopolics of Salt but if we add thereunto peter then we had hit the grief aright with which my Country is perplexed There be three persons her Majesty the Patentee and the Subject her Majesty the head the Patentee the hand and the Subject the soot Now here 's our Case the head gives power to the hands the hand oppresseth the foot the foot riseth against the head We know the power of her Majesty cannot be restrained by any Act why therefore should we thus talk Admit we should make this Statute with a Non objtante yet the Queen may grant a Patent with a Non objtante to cross this Non obstante I think therfore it agreeth more with the gravity and wisdom of this House to proceed with all humbleness by Petition than Bill M r Wingfield said I would but put the House in mind of the proceeding we had in this matter the last Parliament in the end whereof our Speaker moved her Majesty by way of Petition that the griefs touching these Monopolies might be respected and the grievances coming of them might be redressed Her Majesty answered by the Lord Keeper that she would take care of these Monopolies and our griefs should be redressed if not she would give us free liberty to proceed in making a Law the next Parliament The grief M r Speaker is still bleeding and we green under the sore and are still without remedy It was my hap the last Parliament to encounter with the word Prerogative but as then so now I do it with all humility and wish all happiness both unto it and to her Majesty I am indifferent touching our proceeding either by Bill or Petition so that therein our grievances may follow whereby her Majesty may specially understand them Sir Walter Raleigh said I am urged to speak in two respects the one because I find my self touched in particular the other in that I take
Conference or meeting of the said Committees brake up imperfectly and was further deferr'd till the next Morning The Passages of this Afternoon do now follow out of the Original Journal-Book of the House of Commons in manner and form following Post Meridiem Three Bills had each of them one reading of which the second being the Bill to prevent Perjury and Subornation of Perjury was read the third time and passed upon the question M r Mountague a Committee in the Bill touching Souldiers and others certified in the Bill with some Amendments whereof he prayed the reading The Amendments in the Bill for relief of Souldiers and Mariners were twice read and the Bill was Ordered to be ingrossed The Bill touching Policies of Assurances used amongst Merchants was read the second time and committed unto Sir Walter Raleigh M r Doctor Caesar Sir Francis Bacon Sir Stephen Soame and others And the Bill was delivered to Sir Francis Bacon who with the rest was appointed to meet to Morrow in the Afternoon in the Court of Wards at two of the Clock The Bill touching Hat-Makers was read the third time and upon the question and division of the House passed with the Yea ninety three and with the No forty six John Yakesley Esq returned into this present Parliament one of the Burgesses for the Town of Cambridge is for his necessary affairs licensed by Mr. Speaker to depart Upon Motion made by Serjeant Harris that Anthony Curwin Servant Attendant upon William Huddleston Esq a Member of this House hath been Arrested into the Counter in the Poultrey in London at the Suit of one Matthew a Chyrurgeon It is Ordered that the Serjeant that made the said Arrest and the said Matthew should be sent for to answer in this House for their said contempt as appertaineth M r Adam and Listers Councel are appointed to be heard to Morrow On Saturday the 12 th day of December the Bill to avoid the stealing of Cattle was read the second time and committed unto Sir George Moore Mr. Maynard Mr. Brown and others who were appointed to meet upon Tuesday next in the Middle-Temple Hall at two of the Clock in the Afternoon Two Bills had each of them one reading of which the second being the Bill for Confirmation of the Mannor of Sagebury aliàs Sadgbury unto John Harris and Samuel Sandys Gent. was read the third time and passed upon the question Some part of this Forenoons Passages doth now next follow out of private Journals An Act for redress of certain abuses used in Painting was read the third time It was moved by Sir George Moore and some others that the Bill might be let slip and the Cause refer'd to the Lord Mayor of London because it concerned a Controversie between the Painters and Plaisterers of London To which M r Davies Answered That the last Parliament this Bill should have past this House but it was refer'd as is now desired and Bonds made by the Plaisterers for performance of the Orders to be set down by the Lord Mayor yet all will do no good Wherefore M r Speaker I think it good to be put to the question Sir Stephen Soame desired that my Lord Mayor might not be troubled with them c. but that it might be put to the question and it seemed likely to go against the Painters But M r Heyward Townsend as it was putting to the question stood up and shewed that in the Statute of 25 Ed. 3. Cap. 3. Plaisterers were not then so called but Dawbers and Mudwall-Makers who had for their Wages by the day three pence and their Knave three half pence for so was his Labourer called they so continued till King Henry the Sevenths time who brought into England with him out of France certain men that used Plaister of Paris about the Kings Sieling and Walls whose Statute Labourers these Dawbers were These Statute Labourers learned in short time the use of Plaister of Paris and did it for the King who increased to be many then suing to the King for his Favour to Incorporate them he did fulfil their desire Incorporating them by the name of Gipsarium which was for Clay and Mud aliàs Morter-Makers An. 16 Hen. 7. being no Freemen for all their Corporation they obtained the Kings Letters in their favour to Sir William Remmington the Lord Mayor of London and the Aldermen to allow them Freemen which was granted at what time came in four of them paying ten shillings a piece for their Freedoms And in three years after that manner came in to the number of twenty but they paid four pound a piece for their Freedom They renewed their Patent in King Henry the Eighths time and called themselves Plaisterers aliàs Morter-Makers for the use of Loam and Lyme They made an humble Petition and Supplication after this to Sir John Munday then Lord Mayor and to the Aldermen to grant them Ordinances for the better Rule and Government of their Company in these words viz. We the good Folks of Plaisterers in London of Plaister and Loam of the said City for redress of certain abuses of Lath-Plaister and Loam wrought in the said Craft c. and had allowed unto them search for their Company for the use of Lath Loam and Lyme In all their Corporations at no time had they the word Colours neither yet in their Ordinances For all they were incorporated by the name of Plaisterers yet in all King Henry the Eighths time they were called Dawbers as appears in the Accompts of the Chamber of London paid to such and such Dawbers for so many days so much and to their Labourers so much The Plaisterers never laid any Colour upon any of the Kings Houses nor in the Sheriffs of London but this Year They wore no Livery or Cloathing in the seventeenth of King Henry the Eighth They have been suffered to lay Alehouse Colours as red Lead and Oaker with such like and now intrude themselves to all Colours Thus they take not only their own work but Painting also and leave nothing to do for the Painter Painters and Stainers were two several Companies in King Edward the Thirds time one for Painting of Posts and all Timber-Work and the other for Staining and Painting of Cloth of great continuance The two several Companies were joined both into one by their own consents and by the consents of the Lord Mayor and Court of Aldermen of the City the nineteenth year of King Edward the Fourth The Painters had Orders allowed them for the use of Oyl and Colours especially named in King Henry the Fourths time from the Lord Mayor and City Painters cannot work without Colours their only mixture being Oyl and Size which the Plaisterers do now usurp and intrude into Painters have her Majesties Letters Patents dated the twenty fourth year of Elizabeth forbidding any Artificer the use of Colours and Oyl or Size after the manner of Painting but only such as have been or shall be Apprentice namely
Bill by the Lords denied to be given in writing to the Commons till Conference first had p. 536 Onslow Richard chosen Speaker in the Parliament held 8 9 Eliz. his Speeches to the Queen at his Confirmation p. 97 98. at the Dissolution of that Parliament p. 114 115 P. THE Painters having presented a Bill against the Plaisterers which passed not the Upper House it is Ordered by that House that their complaint shall be heard and adjudged by the Lord Mayor Recorder c. p. 617 Pardon Vide Bills Parliament which is the first and last day thereof or of a particular Session p. 9. The manner of the Sovereign and Peers sitting in Parliament p. 10. 59. 96. the manner of setting down the presence of the Peers in the Journal Book p. 62 Passing of Bills Vide Bills Patents of priviledge petition'd against in the Parliament 39 40 Eliz. which the Queen construes to be a violation of her Prerogative p. 547 Peers to be of age before they sit in the House p. 11. 96. how attired p. 11. Vide Parliament Popish Bishops suffered to sit in the Parliament 1 Eliz. but turn'd out of their Sees at the end of the Session p. 23. How they opposed divers Bills ibid. and p. 28. 30. a dispute betwixt them and some English men come from Geneva p. 53 Presence of the Peers how marked p. 62 111. Priviledge Vide Attach The solemn Procession of the Queen and House of Lords at the opening of the Parliament 5 Eliz. p. 58. and 13 Eliz. p. 136 Prorogation Vide Writ The Sovereign after a Prorogation comes not to the Parliament with that solemnity as is usual at the first meeting p. 95. After the end of a Prorogation a new Session beginneth p. 318 Provisoes when added by the Lords unto Bills sent up to them from the Commons are written in Parchment p. 26 Proxie the form of the Licence from the Queen to a Peer to make one p. 3. a Peer ordinarily does not make one without such licence p. 270. The form of making a Proxy and entring it in the Journal-Book p. 4. and 8. The nature and use of a Proxy and the form of returning them p. 5. What an absent Peer used to forfeit if he constituted no Proxy p. 6. The form of making a Proxy without licence from the Sovereign ibid. The form of revoking a Proxy p. 7. How many Proxies one Peer is capable of receiving p. 8 9. 58. 101. 196. 598. where as also p. 314. is mentioned an Order of the Lords 2 Car. 1. that from thenceforth no Lord should be capable of above two Proxies A Commoner can constitute no Proxy and why p. 9. A spiritual Lord does not now appoint a Temporal Lord for his Proxy nor on the contrary but formerly they did p. 58. 378. A Temporal Lord usually constitutes but one Proxy and a Spiritual two p. 101. Yet a Spiritual Lord sometimes appoints but one sometimes three p. 196. 460 461. and also a Temporal sometimes two ibid. Proxies are appointed after a Prorogation as well as at the beginning of a Parliament p. 268. They may be delivered into the hands of the Clerk as well before the Parliament begin as after p. 311. Why Bishops Proxies are entred before those of the Temporal Lords p. 523. 598. In the former part of the Queens Reign they were entred in the Journal Book with express mention of the several dayes on which they were returned but in the latter part thereof and since only generally p. 597 Serjeant Puckering Lord Keeper in 35 Eliz. p. 456. His Speech to the Parliament held that year p. 457 458. He dies in 38 Eliz. Anno Domini 1596. p. 522 R. REading Vide Bills Receivors and Tryors of Petitions in the House of Lords the manner of entring them in the Journal Book p. 14 15 A Bill for Recognition of the Queens Title to the Crown of England p. 18 Restitution in bloud of Sir James Crost a Bill for it p. 21. of Sir Henry Gate ibid. of John Lord Grey ibid. of Robert Rudston ibid. of Henry Howard p. 22. of the Sons and Daughters of Edward Lewkenor p. 25. of Katherine Wife to the Lord Berkely and of her Sisters p. 27. 54 55. of Gregory Fynes ibid. of Lord Dacres of the South p. 55. of Ann Thomas Thomas Isely Thomas Diggs Thomas Brook William Cromer Cutbert Vaughan c. p. 68. of Arch-bishop Cranmer's and Lord Husseys Children p. 69. of Sir Ralph Chamberlain John Harleston and William West ibid. and p. 70. of Sir Peter Carew and Edward Turner p. 70. of Sir Thomas Wyats Children p. 146. of Henry Brereton Esq p. 147. of John Lord Stourton his Brothers and Sisters p. 230. Vid. p. 261 262. the Bills dashed p. 264 265. of Henry Lord Norris of Ricaut p. 231. of Anthony Mayney ibid. and 273. of Thomas Howard Son of Thomas Howard Duke of Norfolk p. 317. of Sir Thomas Parrot p. 510 S. A Saving requisite in every Bill p. 464 Queens Serjeants though but Attendants on the House made Committees p. 99. 108. Though they are to attend upon the Upper House as Councellors yet they have no voice there but may in the House of Commons if Members thereof p. 249 Serjeant at Arms whether to be employed to take into custody those that are accused of breach of priviledge of the Upper House or whether the Gentleman Usher p. 603. He is ordered to bring before the House a Lords Servant committed upon an Arrest to Newgate as also him that Arrested him for breach of Priviledge p. 607. This not to injure the Gentleman Usher's pretensions to that right ibid. Under Sheriff of Surrey committed to Prison for aiding the Arrest of an ordinary Servant of the Queen in Parliament time p. 606 Thomas Smith Esq made Clerk of the House of Lords 39 Eliz. p. 522 Queens Solicitour made a Joint-Committee with the Lords p. 142. Being chosen a Member of the House of Commons he is demanded of them to attend there but denied by the Lords p. 424 Spain's design against England set out in a Speech by the Lord Keeper p. 599. See the word in the Table to the Journal to the House of Commons Spilman Francis Clerk of the House of Lords in the Parliament 1 Eliz. p. 14. continued in that place in the Parliaments held 5 Eliz. and 8 9 Eliz. but in 13 Eliz. succeeded by Anthony Mason p. 136 Spiritual Lords why their Names are set down in the Journal Book before those of the Temporal p. 598 Star-Chamber dayes the Lords seldom sate on them p. 67 Bills of Subsidy sent from the Commons seldom alter'd by the Lords p. 69. Subsidies granted by the Clergy always ingrossed in Latin but the confirmation thereof in Parliament is in English p. 229. The Subsidy of the Clergy should be sent to the Commons in a Skin of Parchment under the Sovereigns band and seal p. 688. The body of the Grant of the Subsidies of the
the Lords unto Bills that have past the Commons are to be writ or ingrossed and subscribed respectively see at large p. 576 577. When a Bill is objected against a verbal Conference is first to be had before the reasons of such objecting can be demanded to be delivered in to that House that had past the Bill p. 578. Forty eight several Bills refused by the Queen in the 39 th year of her Reign that had passed both Houses p. 596. An Order that such as shall prefer and have benefit by any private Bill shall pay somewhat toward the poor and how much p. 665. Any Member may propose those Bills to be read he judges most necessary as well as the Speaker p. 677. Bills that come from the Lords are to be delivered to the Speaker in the House and not out of it p. 688 Boroughs growing poor did formerly get licence from the Sovereign to be discharged from the election of Burgesses because they used to bear their charges but seldom so now p. 80 Sir Henry Bromley c. sent to the Fleet for desiring the Lords to join in a Petition to the Queen for entailing the Succession of the Crown p. 470 Brownists how numerous in 35 Eliz. p. 517. A Bill against them and the Barrowists as well as Popish Recusants ibid. Burgesses a Bill for the validity of such as are not resiant with long arguments thereupon p. 168 169 170 171. A Burgess that had given Money to be elected turned out of the House and the Corporation fined p. 182. A Burgess elected for two several Boroughs may chuse for which he will serve p. 430. 622. passim C. CAlling the Names of the Parliament-men at their first meeting in former times different from the present and the manner of both p. 39. Since 5 Eliz. they take the Oath of Supremacy at that time and since 7 Jac. the Oath of Allegiance ibid. and p. 78. They take these Oaths but once in the same Parliament though it consist of several Sessions p. 122 123 Canons are like By-laws to the Clergy but not to the Laity p. 640 Cardigan a Burgess Town since 1 Eliz. p. 628. Whether the Return of the Indenture for chusing a Burgess ought to be for that Town only or for it and Aberystwith ibid. Chirurgery a Bill for the well ordering of such as practise it p. 571 Church thought to need reformation in 13 Eliz. p. 157. A Bill for coming to Church and receiving the Communion with some Arguments thereupon p. 177. A Committee of the House of Commons and some of the Bishops join in a Petition to the Queen for redress of several enormities in the Church 23 Eliz. p. 302 303 Cinque-ports discharged from payment of Subsidies p. 406 Clerk of the House his seat in Parliament p. 43. He sometimes reads the Prayers p. 47. Mr. Seymour Clerk in the Parliaments held 1 Eliz. p. 43. 5 Eliz. p. 84. 8 and 9 Eliz. p. 122. He took the Oath of Supremacy in that Parliament as the Members did ibid. Mr. Fulk Onslow succeeded him in the Parliament 13 Eliz. p. 155. being indisposed his place is supplied by a Deputy who is first to take the Oath usually administred to the Members p. 431. 623. The Clerk receives the Money for the Poor and Minister of the Members that have leave to go into the Country sitting the Parliament p. 565. 568. passim The Collection for him in 43 Eliz. amounted to twenty five pound p. 688 A Collection made in the House for the present relief of maimed Souldiers 35 Eliz. with an account of every ones rate p. 503. 507. Hereupon a Bill is framed for a continual Contribution to their relief p. 503. Collections for the Poor and other uses usually made each Session and how much the Members are commonly rated p. 661 Colledges Corruptions in the Masters of them 39 Eliz. p. 559 Commission to the Lord Keeper to will the House of Commons to chuse a Speaker p. 120 Commit the manner of Committing a Bill p. 44. It uses to be Committed at the second Reading ibid. Commonly not Committed when sent from the Lords p. 47. but sometimes is when of great moment ibid. p. 89. 186. never committed till it be once read at least p. 476 Committees how chosen p. 44. Nothing to be delivered to the House as the Resolve of the Committee but what the greater number of the Committees agree upon p. 298. At least half the number of the Committees nominated in any Bill are to be present or else no consultation to be had p. 436. Eleven Bills committed to one and the same Committee at the same time p. 561. He that speaks against the body of a Bill cannot be chosen a committee therein p. 629. 635. The Knights and Citizens of London dispensed with in a particular case and why p. 634 635. A Committee may speak either sitting or standing p. 630. He that has been a Committee in a Bill may afterwards speak against the same Bill in the House p. 635 Common Prayer a Bill for the Reformation of the Book of Common Prayer 13 Eliz. with divers Arguments thereon p. 166 House of Commons formerly sate with the Lords p. 515 Comptroller of the Household by his place usually is the first that speaks at the meeting of a Parliament and makes the first motion in the House to chuse a Speaker p. 621 passim The Comptroller either alone or with another places the Speaker Elect in the Chair p. 79. 621 c. Communion Vide Church Conference concerning a Bill to be desired only by that House which is possessed of the Bill p. 261 262 263. How to be managed by those that are appointed to have it p. 293. The Lords do always nominate time and place for Conference passim Verbal conference to be had before the reasons of objecting against any Bill be given in writing p. 578. Each House is at liberty whether they will admit of a Conference p. 352. No Conference to be admitted with the Lords about the number of Subsidies to be granted p. 486. 488 M r Edw. Cook chosen Speaker in the Parliament 35 Eliz. p. 469. His Speeches at his being presented to the Queen p. 459. at the end of the Session p. 465 Corn may be carried over Sea when it does not exceed such and such prices p. 56 John Crooke Esq chosen Speaker in the Parliament 43 Eliz. p. 621. His Speech to the Queen at his presentation p. 600 601 Cross in Baptism desired to be taken away in the Parliament held 13 Eliz. p. 157 D. MEmbers Departing without Licence to forfeit their Wages p. 309 Discipline in the Church the Queen petition'd to reform it who promises it p. 257 Disloyal Vide Subjects A Bill against 〈◊〉 granted by the Arch 〈◊〉 several Arguments thereupon Dunkirk and Newport very much by robbery on their Coasts 〈◊〉 of Queen Elizabeths Reign p. 665 〈◊〉 appointed to consider of means to 〈◊〉 and what means were