your things you observe such Order that matters of the greatest Moment and most Material to the State be chiefly and first set forth so as they be not hindred by particular and private Bills to this purpose That when those great Matters be past this Assembly may sooner take end and men be licensed to take their ease I have said The Speaker being thus allowed he returned to the House of Commons with the Serjeant of the House bearing the Mace before him and the Queen's Majesty and the Lords rose and departed On Monday the 30th day of January were divers Lords Spiritual and Temporal present as is plainly set down in the entrance of the names in the Original Journal Book of the Upper House Francis Spilman Esq Clerk of the Upper House standing at the Table near the lower Woolsack did there read a certain Bill written in Paper and Intituled An Act for the restitution of the first Fruits and Tenths and Rents reserved Nomine Decimae and of Parsonages Impropriate to the Imperial Crown of this Realm and after he had so read it which was accounted the first reading thereof then he delivered the same kneeling unto Sir Nicholas Bacon Knight Lord Keeper of the Great Seal together with a Brief of the Bill The Lord Keeper read the Title of the Bill and then reported the effect of the same unto the House out of the Brief And then concluded with these words viz. This is the first time of the reading of this Bill And there is no mention made in the Original Journal Book of the Upper House that this Bill was at all spoken unto upon this reading neither is it indeed usual although there have not wanted Presidents thereof prout A. 1. H. 8. 11. Die Parliamenti Billa de actionibus brought from the Commons Lecta prima vice Domini disputando censuerunt reformandum quod Regia Majestas haberet 3. vel 4 Annos pars vero contra partem nisi unum Annum And a Bill hath been rejected upon the first reading prout Anno 3. Edw. 6. 14. Nova Billa pro jurisdictione Episcoporum Rejected and a Committee appointed to draw a new Bill of which also there want not divers other Presidents in most of the other Journals during her Majesties Reign but most true it is that usually a Bill is seldom rejected till the second reading for then it is most proper to be spoken unto and when it hath received either a longer or shorter disputation in the House then the proceedings eommonly are either to order it to be engrossed or refer it to Committees or to reject it which course holdeth only in Bills that come newly into either House For if a Bill having passed one of the two Houses be sont unto the other it is never ordered to be ingrossed because it comes from thence ready ingrossed in Parchment and seldom referred to Committees or rejected there want not also divers Presidents when a Bill hath been disputed after the third reading and sometimes recommitted and sometimes rejected Of all which the Examples and Presidents are so frequent in all the insuing Journals of this Queen as also in those foregoing of H. 8. Ed. 6. and Queen Mary as there is not need to make any large Citation of them Neither do there want in their several places fit and due references whereby to refer the several Presidents of this nature contained in one and the same Journal from one to another Which things being thus premised and observed now follow some Animadversions or Presidents touching the Commission of Bills and further proceedings in them upon the first reading Bills also have been Committed upon the first reading prout An. 6. H. 8. 14. Feb. recepta est Billa in papyro concernens apparatum lecta est prima vice deliberata Magistro Pigot reformanda Anno Primo Ed. 6. 21. Novembris allata est à Communi domo Billa for benefices Common Preachers and residence quae prima vice lecta est commissa Archiepis Cantuarien ' Episcopo Elien Episcopo Dunolmen ' Episcopo Roffen ' Episcopo Lincoln ' Marchioni Northampton Domino St. John Comiti Arundel Domino Admirallo Domino Wentworth and in A. 5. Edw. 6. 16. Feb. Hodie prima vice lecta est Billa to avoid regrating forestalling c. commissa est Magistro Hales Magistro Molineux Magistro Saunders Solicitatori Reginae And there are very many Presidents that Bills have been committed upon the first reading in the times of Hen. 8. and Ed. 6. as may appear by the Committees of those times The like Presidents are to be found in most of the Journals of her Majesty prout A. 8. Eliz. Oct. 3. The Bill for the better Executing of Statutes c. codem An. 5. Octob. touching Fines and Recoveries An. 13. Eliz. 20. Aprilis against fraudulent Conveyances c. An. 14. Eliz. 12. Maij for preservation of Woods eodem An. die for the punishment of Vagabonds and so in many other Parliaments of this Queen's time of which because they are so frequently obvious it would be unnecessary to make further repetition And although there be no mention made in the Original Journal Book of the Upper House that the Lords and Members of the same were this day called yet there is no great doubt to be made thereof and therefore I have caused it to be inserted and applied unto this time in manner and form following Francis Spilman the Clerk did on this third day of the Parliament call every Lord in the House by his Name that so it might be seen who were present beginning with the lowest Baron and ascending to the highest Peer where also the Proxies and other Excuses of the absent Lords were Registred But it may be Collected by the Parliament Rolls Annis 37. 38. 40. 43. 45. 47. 50. Ed. 3. that the Lords names were called the first day and the Commons also in the Upper House before the King 's coming which Order in respect of the time is held still with the Commons whose Names are usually called at this day in the Court of Requests the first day of the Parliament Dominus Custos Magni Sigilli continuavit presens Parliamentum usque in diem Crastinum hora Octava On Tuesday the 31th day of Jan. the former Bill for the restitution and annexation of the first Fruits and Tenths to the Imperial Crown of the Queen's Majesty was read the Second time Francis Spilman Esq Clerk of the House having read the said Bill for the Restitution and Annexation of the First-fruits c. standing at the Table near the nether Woolsack did then deliver the same without any Brief Kneeling to the Lord Keeper who thereupon read the Title thereof to the House and said This is the second Reading and so the Bill was Ordered to be Ingrossed which is no more than to Transcribe the Bill sairly out of the Paper in which it was written into Parchment More
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
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
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
25 th day of February last past as also on Saturday the 18 th day Monday the 20 th day on Tuesday the 21 th day and on Wednesday the 22 th day of March preceeding Et vide etiam a Note touching this business in the Original Journal Book of the Upper House on Saturday the 29 th day of April foregoing The Bill for Garbling of Feathers Forsings and Flocks was read the third time and passed the House And lastly the Bill that the Queen by Commission may restore spiritual persons deprived was read the first time On Friday the 28 th day of April the Bill for the Restitution in Blood of the Lord Dacres of the South was read the second time Henry Clifford Gent. Burgess for Bedwyn was Licensed for his Affairs to be absent The Provisoes in the Bill for Suppression of Abbies Priories c. was read the first and second time On Saturday the 29. day of April the Bill for Watermen on the Thames to have Harque-buts c. was read the second time and Ordered to be ingrossed The Bill for Uniting of Abbies Priories Nunneries Hospitals and Chauntries founded since the Reign of Queen Mary to be annexed to the Crown was read the third time and passed the House upon the Question and was sent up to the Lords by M r Vice-Chamberlain The Bill lastly to restore such persons to their Benefices as were unlawfully deprived was read the second time and was thereupon Ordered to be ingrossed April the 30. Sunday On Munday the first day of May the Bill for the Restitution of the Brothers and Sister of the Duke of Norfolks The Bill for the Restitution in Blood of the Lord Dacres of the South The Bill that Timber Trees in divers places shall not be felled for Cole to make Iron And the Bill that the Inhabitants of Dorking Coxall and Dedham Westbarford c. may make Woollen Cloths there were each of them read the third time and passed the House The Bill lastly that Watermen of the Thames shall have and shoot in Harque-buts c. was read and upon the Question and Division of the House dashed by the difference of ten Voices viz. with the Bill fifty two and against the Bill sixty two On Tuesday the second day of May the Bill that the Queen by Commission may restore such spiritual persons as have been unlawfully deprived was read the third time and passed the House and was sent up to the Lords by M r Sadler and others with the four other Bills which last passed The Bill lastly for the continuance of divers Acts was brought from the Lords On Wednesday the third day of May three Bills of no great moment had each of them one reading of which the second being the Bill for carriage of Corn over Sea when Wheat is 10 s Barley 3 s 8 d Beans and Rye at 6 s and Oats at 3 s 4 d the Quarter was read the third time and passed the House On Friday the 5 th day of May the Bill for continuance of certain Acts was read the third time and passed the House and was sent up to the Lords by Mr. Secretary On Saturday the 6 th day of May the Bill touching Abbies c. was brought from the Lords to be reformed with three Provisoes of their Lordships And the Bill for preservation of Fry of Fish was likewise brought down from the Lords to be amended May the 7 th Sunday On Monday the 8 th of May the Provisoes in the Bill for preservation of the Fry and Spawn of Fish were read the second and third time and passed the House In the Afternoon the Queens Majesty sitting in her Royal Seat the Lords and Commons attending M r Speaker made a Learned Oration Exhibiting the Bill for the Subsidy and the Bill of Tonnage and Poundage and required the Queens Assent might be given to such Bills as had passed both the Houses which Oration being praised and Answered by the Lord Keeper of the Great Seal the Royal Assent was given to forty two Acts and by the Queens Pleasure this Parliament was Dissolved § Henry the VI. 6 Martii An. 31. called a Parliament at Reading 8 Martii Thorpe was Chosen Speaker from thence the Parliament was Adjourned to Westminster till 25. Apr. where it continued till 2. July and then Prorogued till 12. Nov. to Reading again Adjourned till 12. February after till 14. at Westm. During these Adjournments and Prorogations Richard Duke of York having got the Ascendant of the King prepared Habiliments of War at the Palace of the Bishop of Durham Thorpe being Speaker by Command of the King took the Arms whereupon in Michaelmas Term the Duke brought his Action of Trespass in the Exchequer against Thorpe and upon Tryal that Term recovered a thousand pound Damages and ten pound for Costs of Suit and thereupon Thorpe was Committed to the Prison of the Fleet in Execution After all this the Parliament met 14. Feb. and the Duke of York having got a Commission to hold and dissolve the Parliament laboured to keep Thorpe in Prison whom he mortally hated as being faithful to King Henry and having gained his point in the Lords House afterwards the Commons gave up their Speaker which was no sooner done and another Chosen but the Duke by the Assent of the Lords and Commons and after Confirmed by Commission from the King was made Protector of the Realm Thorpe having paid the Debt fled to the Kings Party and after was taken at Nottingham Field from thence sent to Newgate then to the Marshalsey and at last Beheaded at Haryingay Park in Middlesex THE JOURNAL OF THE House of LORDS A Journal of the Passages of the House of Lords in the Session of Parliament bolden at Westminster An. 5 Regin Eliz. An. D. 1562. which began there after one Prorogation of the same on Tuesday the 12 th of January and then and there continued until the Prorogation thereof upon Saturday the 10 th day of April An. D. 1563. THIS Session in An. 5 Regin Eliz. making but one and the same Parliament with that Session next ensuing in an 8 Reginae ejusdem is replenished with some extraordinary matter besides the accustomed and usual passages of reading committing and expediting of Bills For not only the pompous and solemn manner of her Majestics repairing to the Lords House is set down but the several Speeches also of that Eloquent Orator and wise Statist Sir Nicholas Bacon Lord Keeper are supplied at large together with such Interlocutory Speeches as passed in the House of Peers from Thomas Williams Esq the Speaker or Prolocutor of the House of Commons which said several Speeches being not found in the Original Journal-Book of either House are therefore supplied out of several written Copies or Anonymous Memorials of them I had by me especially the latter passages and Speeches both when the Speaker was presented on Friday the 15 th day of January and when this Session of Parliament
Capitalis Justiciarius continuavit praesens Parliamentum usque in diem Lunae prox October the 27 th Sunday On Monday the 28. day of October Sir Robert Catlyn Knight Lord Chief Justice of the Kings Bench supplying the place of the Lord Keeper at this time sick of the Gout as is before-mentioned with divers other Lords Spiritual and Temporal met in the Upper House but nothing appeareth to have been done in the Original Journal of the same House only the continuance of the Parliament unto Wednesday next following On Wednesday the 30. day of October Two Bills of no great moment had each of them one reading of which the second being the Bill declaring the manner of making and Consecrating of Archbishops and Bishops of this Realm to be good lawful and perfect was read secundâ vice The Lords whose names are here next after written were appointed to have Conference with a setled number of the House of Commons touching Petition to be made to the Queens Highness as well for the Succession as for her Marriage viz. The Archbishop of York The Lord Treasurer The Duke of Norfolk The Marquess of Northampton The Earl of Northumberland The Earl of Westmorland The Earl of Shrewsbury The Earl of Worcester The Earl of Sussex The Earl of Huntingdon The Earl of Warwick The Earl of Bedford The Earl of Pembroke The Earl of Leicester Viscount Mountague Viscount Bindon The Bishop of London The Bishop of Durham The Bishop of Winchester The Bishop of Worcester The Bishop of Lincoln The Bishop of Rochester The Bishop of Coventry and Lichfield The Lord Admiral The Lord Chamberlain The Lord Morley The Lord Cobham The Lord Grey The Lord Wentworth The Lord Windsor The Lord Rich. The Lord Sheffeild The Lord Paget The Lord North. The Lord Haistings of Loughborough The Lord Hunsdon It should seem that the Lords had intended at first to have appointed but thirty of themselves to have joined with the House of Commons about the foresaid Treaty or Conference to be had between them touching the said great matters of Succession and Marriage however it fell out afterwards as appeareth by the names above set down that they appointed more for it appeareth plainly by the Original Journal-Book of the House of Commons although there be no mention at all of it in that of the Upper House that the Lords did this day send down word unto the House of Commons by M r Serjeant Carus and M r Attorney that they had Chosen thirty of themselves to consult and confer with a Select Committee of the said House touching the foresaid great business touching which see more on Tuesday the 5 th day of November following Dominus Capitalis Justiciarius continuavit praesens Parliamentum usque in diem Jovis prox On Thursday the 31 th day of October the Bill for declaring the manner of making and Consecrating of the Archbishops and Bishops of this Realm to be good lawful and perfect Commissa est to the Chief Justice of the Common-Pleas Justice Southcote and Attorney General The Bill for annexing of Hexamshire to the County of Northumberland was read secundâ vice The House of Commons appointed Sir Edward Rogers Knight Comptroller of her Highness Houshold Sir Francis Knolles her Majesties Vice-Chamberlian Sir William Cecill her Highness Chief Secretary Sir Ambrose Cave Knight Chancellor of her Dutchy of Lancaster Sir William Peeter Sir Ralph Sadler Sir Walter Mildmay Knights all of her Highness Privy-Council and divers other Members of the House of Commons to have Conference with the Lords aforenamed whose names see on yesterday foregoing touching those two great matters of the Succession and Marriage to be dealt in by Petition to her Majesty As see more at large upon to Morrow ensuing in the Afternoon Dominus Capitalis Justiciarius continuavit praesens Parliamentum usque in diem Martis 5 die Novembris prox On Tuesday the 5 th day of November the Bill for the annexing of Hexamshire unto the County of Northumberland and the Ecclesiastical Jurisdiction of the same unto the See of the Bishoprick of Durham was read tertiâ vice communi omnium Procerum assensu conclusa The Nobles under-named were appointed to wait on the Queens Highness this Afternoon with thirty of the House of Commons by her Highness special Commandment The Archbishop of York The Lord Treasurer The Duke of Norsolk The Marquess of Northampton The Earl of Northumberland The Earl of Westmerland The Earl of Shrewsbury The Earl of Worcester The Earl of Huntingdon The Earl of Sussex The Earl of Warwick The Earl of Bedford The Earl of Pembroke The Earl of Leicester Viscount Mountague Viscount Bindon The Bishop of London The Bishop of Duresm The Lord Clinton Lord Admiral The Lord Howard of Effingham Lord Chamberlain The Lord Morley The Lord Lumley The Lord Rich. The Lord Sheffeild The Lord Paget The Lord North. The Lord Haistings of Loughborough and The Lord Hunsdon Dominus Capitalis Justiciarius continuavit praesens Parliament usque in diem Crastinum hora consueta But there is no mention at all in the Original Journal-Book of the Upper House to what end or purpose the Lords above-mentioned with those thirty Members of the House of Commons repaired to her Majesty which doubtless fell out by the great negligence in a matter of so great weight of Francis Spilman Esq Clerk of the Upper House and therefore I have thought fitting and necessary to supply it at large partly out of the Original Journal-Book of the House of Commons and partly out of other several Manuscript Memorials I had by me all which in their proper place I have particularly vouched It is therefore in the first place to be noted as fit matter of preparation to that which follows that these two great matters touching her Majesties Marriage and the Declaration of a certain Successor were agitated in the House of Commons in the first Session of this present Parliament in An. 5 Regin Eliz. and thereupon the greatest part of the said House with Thomas Williams their Speaker did prefer a Petition to her Majesty upon Thursday the 28 th day of January in the said fifth Year of her Majesties Reign by her Allowance in which having humbly supplicated her Majesty to Marry or in default of Issue of her own Body to declare a certain Successor they received a gracious Answer But now the same Parliament reassembling again to this second Session thereof in the eighth year of the Reign of the Queen and finding nothing to have been acted by her Majesty in either kind but that she remained still a Virgin without all likelyhood of Marriage and that the Succession of the Crown depended upon great uncertainties some holding the Queen of Scots to have best Right others the Countess of Lenox being the Daughter of Margaret of England by Archibald Douglass Earl of Anguisse her Second Husband and others also argued very strongly for Catherine Countess of Hartford being the Daughter and Coheir of Henry
comfortable words and commanded the Parliament to be dissolved Nota That this business had many and long Agitations in the House of Commons who were especially violent in that latter branch of it touching the Declaration of a Successor as see more at large on Monday the 25 th day of November foregoing and lastly I have thought good to give a short touch that all the foregoing passages of this Afternoon touching her Majesties Presence Royal Assent Speech and Dissolving the Parliament were thus Orderly set down in the Original Journal-Book of the House of Commons and have here received little Alterations THE JOURNAL OF THE House of LORDS The Journal of the Proceedings of the House of Lords in the Parliament holden at Westminster An. 13 Reg. Eliz. A. D. 1571 which began there on Monday the 2 d day of April and then and there continued until the Dissolution thereof on Tuesday the 29 th day of May ensuing THIS Journal of the Upper House continuing about the space of two Months was very carelesly entred in the Original Journal-Book of the Upper House by the Clerk thereof who as it seems was Anthony Mason Esq succeeding about this time in the said Office of Clerk of the Upper House unto Francis Spilman Esq who had formerly supplied that place But yet by means of a Copious Journal I had by me of the Passages of the House of Commons in this Parliament taken by some Anonymous Member thereof and also of some Copies I had of the Speeches of Sir Nicholas Bacon Lord Keeper at the beginning and conclusion of this said Parliament this ensuing Journal is much enlarged And therefore to avoid confusion whatsoever is here inserted out of the said private Journal is particularly distinguished from that which is taken out of the above-mentioned Journal-Book of the Upper House by some Animadversions or Expression thereof both before and after the inserting of it Neither doth the Original Journal-Book it self of the Upper House want some matter of variety besides the ordinary Reading Committing and passing of Bills in respect that Sir Robert Catlyn Knight Lord Chief Justice of the Kings Bench was appointed by her Majesties Commission under the Great Seal to supply the Lord Keepers place upon occasion of his sickness during some part of this said Parliament in the first entry whereof is set down out of the foresaid Anonymous Journal of the House of Commons her Majesties coming to the Upper House with the Order and manner of it the substance also of which is found though somewhat more briefly set down in the Original Journal-Book of the same House On Monday the second day of April the Parliament beginning according to the Writs of Summons sent forth her Majesty about eleven of the Clock came towards Westminster in the antient accustomed most honourable Passage having first riding before her the Gentlemen Sworn to attend her Person the Batchellors Knights after them the Knights of the Bath then the Barons of the Exchequer and Judges of either Bench with the Master of the Rolls her Majesties Attorney General and Sollicitor General whom followed in Order the Bishops and after them the Earls then the Archbishop of Canterbury The Hat of Maintenance was Carried by the Marquess of Northampton and the Sword by the Earl of Sussex The place of the Lord Steward for that day was supplied by the Lord Clinton Lord Admiral of England the Lord Great Chamberlain was the Earl of Oxenford And the Earl Marshal by Deputation from the Duke of Norfolk was the Earl of Worcester Her Majesty sate in her Coach in her Imperial Robes and a Wreath or Coronet of Gold set with rich Pearl and Stones over her Head her Coach drawn by two Palfries covered with Crimson Velvet drawn out imbossed and imbroidered very richly Next after her Chariot followed the Earl of Leicester in respect of his Office of the Master of the Horse leading her Majesties spare Horse And then forty seven Ladies and Women of Honour The Guard in their rich Coats going on every side of them The Trumpeters before the first sounding and the Heralds riding and keeping their rooms and places Orderly In Westminster Church the Bishop of Lincoln Preached before her Majesty whose Sermon-being done her Majesty came from the Church the Lords all on foot in order as afore and over her Head a rich Canopy was carried all the way She being entred into the Upper House of Parliament and there sate in Princely and seemly sort under a high and rich Cloth of Estate her Robe was supported by the Earl of Oxenford the Earl of Sussex kneeling holding the Sword on the left hand and the Earl of Huntingdon holding the Hat of Estate and the Lords all in their Rooms on each side of the Chamber that is to say the Lords Spiritual on the right hand and the Lords Temporal on the left Nota That whereas the presence of these Lords ought here according to the usual course to have been inserted out of the Original Journal-Book of the Upper House it must of necessity be omitted in respect that through the great negligence of Anthony Mason Esq at this time as it should seem Clerk of the said House there are none of the said Lords noted to have been present yet it may be probably guessed who they were by those who attended on Wednesday of this instant April ensuing Quod vide The Judges and her Learned Councel being at the Woollsacks in the midst of the Chamber and at her Highness Feet at each side of her kneeling one of the Grooms or Gentlemen of the Chamber their Faces towards her the Knights Citizens and Burgesses all standing below the Bar her Majesty then stood up in her Regal Seat and with a Princely Grace and singular good Countenance after a long stay spake a few words to this effect or thus Mr right Loving Lords and you our right faithful and Obedient Subjects we in the name of God for his Service and for the safety of this State are now here Assembled to his Glory I hope and pray that it may be to your Comfort and the common quiet of our yours and all ours for ever And then looking on the right side of her towards Sir Nicholas Bacon Knight Lord Keeper of the Great Seal of England standing a little beside the Cloth of Estate and somewhat back and lower from the same she willed him to shew the cause of the Parliament who thereupon spake as followeth THE Queens most Excellent Majesty our most Dread and Gracious Soveraign hath Commanded me to declare unto you the Causes of your Calling and Assembly at this time which I mean to do as briefly as I can led thereunto as one very loth to be tedious to her Majesty and also because to wise men and well-disposed as I judge you be a few words do suffice The Causes be chiefly two The one to establish or dissolve Laws as best shall serve for the Governance of the Realm
it being a Reformation not contrariant but directly pursuant to our Profession that is to have all things brought to the purity of the Primitive Church and institution of Christ. He spake at large of the abuses of the Church of England and of the Church-men as first that known Papists are admitted to have Ecclesiastical Government and great Livings that Godly honest and Learned Protestants have little or nothing That Boyes are dispensed with to have spiritual Promotions That by Friendship with the Master of the Faculties either unable men are qualified or some one man allowed to have too many several Livings Finally he concluded with Petition that by Authority of the House some convenient number of them might be assigned to have Conference with the Lords of the Spiritualty for consideration and reformation of the matters by him remembred Vide Apr. 26. Tuesday postea M r Norton a man wise bold and Eloquent stood up next and said he was not ignorant but had long since learned what it was to speak on a sudden or first before other men in Parliament Yet being occasioned by M r Strickland he said that truth it was he had a Book tending to the same effect but quoth he the Book was not drawn by those whom he named but by vertue of the Act of 32. at the assignation or by the Advice of eight Bishops eight Divines eight Civilians and eight temporal Lawyers who having in Charge to make Ecclesiastical Constitutions took in hand the same which was drawn by that Learned man M r Doctor Haddon and penned by that Learned Man M r Cheeke whereupon he said that consideration had been and some travel bestowed by M r Fox of late and that there was a Book newly Printed to be offered to that House which he did then and there presently shew forth And for the rest of M r Stricklands Motions he said he was of his mind chiefly for the avoiding and suppressing of Simoniacal Ingrossments Whereupon were appointed for that purpose for redress of sundry defections in those matters these following viz. All the Privy-Council being Members of this House Sir Henry Nevill Sir Thomas Thinne Sir Thomas Lucy Sir Henry Gate the Master of the Requests M r Heneage M r Recorder M r Bell M r Henry Knolles Sen. M r Mounson M r Norton M r Strickland M r Godier M r William More and M r Doctor Berkley These names being thus transcribed out of the Original Journal-Book of the House of Commons as were those two foregoing Speeches of M r Strickland and M r Norton out of that before-cited Anonymous Journal of the same House more particularly mentioned at the beginning of this present Journal now follow other passages of this day out of the same The Bill concerning coming to the Church and receiving the Communion was read the second time and thereupon Sir Thomas Smith speaking for the maintenance thereof argued and in part wished the Bishops to have consideration thereof After whom M r Fleetwood moved that the penalty of that Statute should not go to Promoters and said it was a device but of late brought in in the time of King Henry the Eighth the first year of his Reign and shewed the Evils and inconveniences that did grow by these mens doings wherein no reformation was sought but private gain to the most of men He said also that matter of going to the Church or for the service of God did directly appertain to that Court and that we all have as well learned this Lesson that there is a God who is to be served as have the Bishops And thereupon he undertook to prove by the old Laws vouched from King Edgar that the Princes in their Parliaments have made Ecclesiastical Constitutions as these That if any Servant shall work upon the Sabbath day by the Commandment of his Master he should be free if of himself he should be whipped if a Freeman should work he should be bound or grievously amerced Then he concluded upon request that it might be committed to some of the House without the Bishops who perhaps would be slow Sir Owen Hopton moved very orderly that the Presentation of such defaults should not only depend upon the relation of the Church Wardens who being for the most part simple and mean men and fearing to offend would rather incur danger of Perjury than displease some of their Neighbours he shewed for proof Experience It may be gathered by these foregoing Speeches transcribed out of that Anonymous Journal more particularly mentioned at the beginning of this present Journal that M r Fleetwood moved to have this Bill referred to Committees but their names being there omitted are therefore wholly transcribed out of the Original Journal-Book of the House of Commons in manner and form following viz. Sir Thomas Smith Sir Owen Hopton Sir Thomas Scot the Masters of the Requests M r Serjeant Manwood M r Serjeant Geoffry M r Fleetwood and M r Sands who were appointed to meet in the Star-Chamber at two of the Clock in the Afternoon The Bill for preservation of Woods was read the first time On Saturday the 7 th day of April the Bill concerning Religion was read and the first of the said Bills was delivered to the Commissioners and the residue read and appointed to remain in the House and this not to stand for any reading Vide what Bills these were on Tuesday May the 17 th ensuing It should seem that the first of these Bills here mentioned is that which is stiled the Bill A and the other Bills those which were then also offered to the House and thereupon referred to certain select Committees to be considered of before they were suffered to be read in the House which being admitted of this day was not allowed by the House for any reading but only as may very well be gathered for the said House it self to consider of them before they were further entertained But there can be no absolute certainty set down hereof in respect that through the negligence of Fulk Onslow Esq at this time Clerk of the House of Commons it is so confusedly or briefly set down although in the general it is very probable that this proceeding in Ecclesiastical matters with so much caution and deliberation was because they desired to give no occasion of distaste to her Majesty who ever for the most part shewed her self very averse to their intermedling with any thing concerning Church matters Now follow other of this days passages out of the before-cited Anonymous Journal more particularly mentioned at the beginning of this present Journal but it is fully discovered what these Bills were on May the 17 th Thursday ensuing M r Strickland first moved that M r Norton might be required to deliver such Books as he had M r Newdigate moved that where one of the causes for the Calling of the Parliament and perhaps the chiefest was for a Subsidy he thought it not amiss to make offer of a Subsidy
and some Motions touching the severance or uniting of the Bills it was Ordered that the Bill be read again upon Thursday next The Bill concerning coming to Church and receiving of the Communion was read the first time Sir John S t Leger moved the House for his Mans Priviledge and it was committed to M r Recorder M r Bedoll and M r Dalton and they to meet this Afternoon at M r Recorders and make report to Morrow On Tuesday the 10 th day of April M r Speaker recited a Commandment from the Queens Majesty to spend little time in Motions and to avoid long Speeches The reason whereof being omitted in the Original Journal-Book of the House of Commons it is therefore supplied out of that often before-cited elaborate Journal more particularly mentioned at the beginning of this present Journal in manner and form following That this Advertisement grew of somewhat spoken by M r Bell the 7 th day of this instant April concerning Licences granted by her Majesty to do certain matters contrary to the Statutes wherein he seemed as was said to speak against her Prerogative but surely so orderly did he utter what he spake as those who were touched might be angry but justly to blame him might not be This Advertisement being thus transcribed out of the aforesaid Anonymous Journal now follows the residue of this days passages out of the Original Journal-Book of the House of Commons it self in form following Sir Owen Hopton moved for the Commission of Motions and Petitions to have the Council added unto them and also a greater number of others and delivered a Paper of Notes of the Motions made Upon a Motion made for M r Garnons who is reported to stand Excommunicate it is Ordered that he shall Answer it in the House Six Bills of no great moment had each of them one reading of which the last being the Bill touching Monasteries was read the first time M r Treasurer made report of the Committees doings for the Subsidy whose names see on Saturday the 7 th day of this instant April foregoing and brought in Articles which were well liked and thereupon the same Commissioners were appointed to proceed with the drawing of the Book Two Bills also had each of them their first reading of which the first was the Bill for the validity of Burgesses not resiant Touching matters of Religion M r Mounson brought report that the Bishops pray to have the Lords moved by this House to assign a Committee to confer with this House And thereupon it was Ordered presently that the same Commissioners do immediately go to the Lords with this Message to know their pleasure for appointing some to confer about the Book for Doctrine M r Treasurer returned report that the Lord Keeper hath Answered he will open it to the Lords Four Bills of no great moment had each of them one reading of which the second being the Bill for Cloth-workers was read the first time And the third being the Bill B. had its first reading Vide Maii 17. postea what Bill B. meaneth Sir Richard Read and M r Doctor Yale did bring an Answer to the Message viz. that the Lords have appointed twenty of themselves whereof ten of the Clergy and ten of the Temporalty to meet at two of the Clock this Afternoon in the Star-Chamber And thereupon were added by the House to the former Commissioners the Master of the Rolls Sir Henry Norrice Sir William Buts M r Austley M r Serjeant Manwood M r Stooks M r Fleetwood M r Carleton M r Eglenby M r Yelverton M r Dalton and M r Robert Snagg which meeting was about matters of Religion Vide abunde Maii 17. postea On Wednesday the 11 th day of April the Bill for Lestwithiell was read the first time M r Fleetwood brought in a Bill against Rogues The Bill against fraudulent Gifts and Conveyances was read the second time and was delivered to certain of the House to amend presently upon a Motion made by M r Dalton to have it to extend to the defrauding of Heriots Three Bills of no great moment had each of them one reading of which the second being the Bill for Sewers was read the second time and Ordered to be ingrossed And the Bill D. had its first reading Vide Maii 17. post what Bill D. meaneth M r Seckford Master of the Requests prayed longer time to consider of the Bill of fraudulent Gifts and Conveyances and that the Committees may be Sir John White M r Seckford Master of the Requests M r Serjeant Manwood Geoffry Loveland M r Mounson M r Bell M r Fleetwood M r Thomas Snagg M r Barber and M r Dalton to meet to Morrow in the Afternoon in the Temple Church The Bill for not returning persons of the Queens Majesties Houshold on Juries was read the first time The Bill for Bristol was read the second time and Ordered to be ingrossed Whereupon followed divers longSpeeches and Arguments touching the same Bill which being omitted in the Original Journal-Book of the House of Commons are here supplied out of that often before-cited Anonymous Journal of the same House more particularly mentioned at the beginning of this present Journal in manner and form following viz. M r Comptroller first moved that before some Committees were appointed both parties might be heard and the Controversy appeased M r Fleetwood argued that there might appear rashness or indiscretion in them who should now reverse what of late they had done but leaving to speak thereof he entred into a good Discourse of the Prerogative which might thereby be touched if they should endeavour to overthrow her Majesties Letters Patents to whom by Law there is power given to Incorporate any Town and she is Sworn to preserve her Prerogative he vouched the Clerk of the Parliaments Book to be that no man might talk of the Statute of Wills c. but that the King first gave Licence for that his Prerogative in the Wards was hereby touched He shewed likewise the Statute of Ed. 1. Ed. 3. and H. 4. with a saving of the Prerogative In King Edward the Sixths time Licence was sued for to the Lord Protector to talk of matters of Prerogative he remembred the Book of 2 Edw. 6. for the Parliament of Ireland called by the Chief Judge as is for him lawful where it was questioned what by Parliament might be done whether they might depart with any of the Kings Towns Forts or Piers it was agreed they might not and so he concluded that to talk thereof for as much as her Majesties Letters Patents and Prerogative were touched Rege non consulto was perillous He also made mention of the Statute which authorizeth all Merchants to Traffick by Sea Nisi publice prohibentur he saith others were prohibited M r Young of Bristol in the behalf of the Commons reasoned to this effect First Shewed the loss to the Queen of her Custom then the private Monopoly wrought and occasioned by the
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
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
Thursday the 8 th day of December on Wednesday the 11 th day of January on Saturday the 4 th day of February and all other the days which were very many in which any Committees were nominated On Thursday the 10 th day of November to which day the Parliament had been last continued the Bill for the taking away Clergy from Offenders against a Statute made in the third year of the Reign of King Henry the Seventh against the taking away of Women against their wills unlawfully was sent up to the Lords from the House of Commons and thereupon read primâ vice The Lord Treasurer made Report to the House what had been done by the Committees upon the Petition of the Lord La Ware and how it was resolved by them upon hearing and debating of the matter with certain Learned Counsellors in the Law brought before the Committees of the said Lords that the place which he claimed in the Order and Rank of the Barons was due unto him viz. next after the Lord Willoughby of Eresby Which Report being made to the House and the voices of all the Lords being demanded the opinion of the Committees was allowed by the consent of all the Lord Windsor only excepted And the Lord Keeper was required to acquaint her Majesty with the determination of the same House and to know her pleasure concerning the same Vide concerning this Business of the Lord La Ware on Saturday the 5 th day of this instant November foregoing and on Monday the 14 th day of the same November ensuing The Lord Treasurer made a motion to the House that for as much as the Journal-Books kept heretofore by the Clerks of the Parliament seemed to have some error in them in misplacing the Lords so as it was doubted how the same might be of true Record That it would please the Lords to take Order that the said Books that from thenceforth should be kept by the Clerk of the Parliament may be viewed and perused every Parliament by certain Lords of the House to be appointed for that purpose and the List of the Lords in their Order to be subscribed by them taking unto them for their better information the King at Arms. And that this Order might begin this present Parliament On Saturday the 12 th day of November to which day the Parliament had been last continued the Bill for the taking away of Clergy from Offenders against a Statute made Anno 3 Hen. 7. concerning the taking away of Women against their wills unlawfully was read secunda vice and committed Nota That because the Committees during all this Parliament were only Peers and Members of the House and that the Judges with her Majesties Learned Councel as see more on Monday the 7 th of this instant November foregoing were always appointed to attend upon them and never nominated as joint Committees with them therefore the names of them are for the most part omitted as not worth the inserting or observation On Monday the 14 th day of Novemb. to which day the Parliament had been last continued on Saturday foregoing the Bill for the better explanation and execution of the Act made in the 13 th year of the Queens Majesties Raign concerning Tellors Receivors c. was read primâ vice This Bill was brought into the House instead of the former Bill concerning her Majesties speedy satisfaction against Accountants c. which was on the 7 th day of November foregoing read secunda vice and referred to Committees by whom the said Bill having been thought upon the debating thereof too full of doubts and difficulties Order was given by them to her Majesties Attorney General to draw a new Bill viz. the Bill aforesaid which Bill was presented by the Lord Arch-Bishop of Canterbury first of the said Committees in the behalf of the said Committees A Proviso was thought fit to be added to the Bill concerning the taking away of Women unlawfully and was also twice read The Earl of Shrewsbury excuseth the Lord Marquess his absence for want of health The Lord Treasurer moved the House that such Lords as were absent from the Parliament and had not sent their Proxies and such others as had made their appearance in the beginning of the Parliament and have sithence neglected their Attendance may be admonished to reform the same On this said 14 th day of November 1597. upon the Petition of the said Lord La Ware exhibited unto her Majesty concerning his place in the Order of the Barons of Parliament and with her Majesties commandment and direction presented unto the Lords Spiritual and Temporal in this present Parliament the 5 th day of this present Month of November and referr'd the same day upon the reading unto the Committees as is before recorded in the Session of the same day the said Committees having at the time and place appointed assembled themselves and advisedly considered of the said Petition and of all arguments that were brought and alledged both for the Petition and against it did resolve and determine that in their opinions the said Petition of the Lord La Ware was just and that the place which he sought was due unto him viz. to have his place betwixt the Lord Willoughby of Eresby and the Lord Berkeley being the same place which his great Grandfather held heretofore as appeareth by Record Of which resolution and determination Report having been made by the Lord Burleigh Lord Treasurer the first of the Committees the 10 th day of this instant November foregoing in the Session of the same day as before is recorded and the same being allowed and approved by the consent of the Lords Temporal and Spiritual then present in the House it was thought meet and ordered that her Majesty should be made acquainted by the Lord Keeper with the opinion and resolution of the House Which having been performed by his Lordship and her Majesty having allowed of the proceedings of the House and of the determination of the question touching the place of the Lord De la Ware as hath been declared unto the House by the Lord Keeper It was and is agreed and Ordered by her Majesty and the Lords Spiritual and Temporal that the Lord De la Ware should be brought into the House and placed in the room and order before-mentioned to have his place and Voice betwixt the Lord Willoughby and Lord Berkeley Which was accordingly done on this said 14 th day of November The said Lord De la Ware being brought in his Parliament Robes unto the place aforesaid by the Lord Zouch supplying the place of the Lord Willoughby and by the said Lord Berkeley in their Robes Garter the King of Arms attending them and doing his Service according to his Office On Tuesday the 15 th day of November Two Bills had each of them one reading of which the first being the Bill for taking away of Clergy from Offenders against a certain Statute made Anno 3 Hen. 7. concerning the taking
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
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
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
QUEEN ELIZABETH IN PARLIAMENT A. L. Chancellor B. Marquises Earles C. Barons D. Bishops E. Judges F. Masters of Chancery G. Clerks H. Speaker of y e com̄ons I. Black Rod. K. Sergeant at Armes L. Members of the Commons house M. Sr. Francis Walsingham Secretary of State THE JOURNALS OF ALL THE PARLIAMENTS During the REIGN of Queen ELIZABETH BOTH OF THE HOUSE of LORDS AND HOUSE of COMMONS Collected By Sir SIMONDS D'EWES of Stow-Hall in the County of SUFFOLK Knight and Baronet Revised and Published By PAUL BOWES of the MIDDLE-TEMPLE LONDON Esq LONDON Printed for John Starkey at the Mitre in Fleetstreet near Temple-Bar 1682. TO Sir Willoughby D'Ewes Baronet SIR ALthough none can have so good Title to your Father's Labours as your Self and the improvement of his Posterity by them was his great desire yet he did not intend to confine them to his own Family but his Study tended to the publick good Amongst those very many and large Volumes Written by his own hand and his Servants I made choice thoroughly to revise these Journals in the Collecting of which the most indesatigably Industrious Author imployed much Time Labour and Cost constantly endeavouring to find out the Truth and faithfully and impartially relating the same In his own Preface to which there needs no other to be added he doth declare his Credentials and Vouchers̄ and also the Usefulness of the Work But there are several other good purposes to which these Journals are very conducible not particularly mentioned in his Preface Yet I shall name but two The one to be a discovery of the true intent and meaning of some Acts of Parliament of those times which are now controuerted The other to be a just representation of that Sincerity Perspicuity and Unreseruedness with which the Members of Parliament then exprest their Minds and gave their Advice that there was no difficulty to understand them The Authority and substantial Excellency of these Collections especially since the Original Journal Books are not now extant and their rarity do sufficiently recommend them to all Judicious Persons and did abundantly convince me that I could do no better service to my Country nor greater Justice to the Memory of my Worthy Uncle than to publish this Monument of his Fame Nor do I know how duly to express my thankfulness to you otherwise than by this publick acknowledgement as of your many other Favours so in particular for my free access unto and use of your well stored Library which hath furnisht me with this opportunity to subscribe my self Your most Obliged Humble Servant PAUL BOWES THE PREFACE OF Sir Simonds D'Ewes BEFORE THE ENSUING JOURNALS OF ALL THE Parliaments and Sessions of Parliament during the Reign of Queen ELIZABETH Wherein are expressed the several Materials and Authorities out of which the said Journals were extracted and drawn As also what Method and Form hath been observed in the transcribing of them together with the excellency and use of them IN respect that these ensuing Journals both of the Upper House and House of Commons during the Reign of that Incomparable Princess and Virgin Queen Queen Elizabeth whose memory will ever remain dear and precious to the Church of God are Collected and Framed up by my exceeding great pains and diligence out of several Materials and do contain in them Incomparable Historical matters both touching the Church and State as well as matters of rarity and Precedent incident to the Orders Priviledges or Usages of either House It shall not be amis shortly to touch those Heads that so they may serve as a Key for the better Direction and Guidance in the use of the Journals themselves First therefore I will set down briefly all those Materials out of which I have Collected these ensuing Journals Secondly the Method I have constantly observed in the causing them to be Penned or Transcribed And thirdly the rich Treasures of rarity and knowledge contained in them First for the Materials out of which I drew these ensuing Journals of either House they were for the most part rare and invulgar viz. 1. The Original Manuscript or Journal-Books of the Upper House of every Parliament and Session of Parliament of the Queens Reign remaining in the Office of the Clerk of the same House and these are absolute and undeniable Records and therefore could not be removed out of the said Office but I was inforced as often as I had occasion to use them to repair unto the same to which I had most free and respectful access always offered me as also to the Bundles of Original Acts and Petitions reserved there 2. A large Manuscript Abridgment in Folio of all the said Original Journal Books of the Upper House during her Majesties Reign very faithfully for the most part collected and transcribed with his own hands by Robert Bowyer Esquire who continued Clerk of the said House ab an 6 Jacobi Regis until the eighteenth year of the same King 3. The Original Journal-Book Manuscripts of the House of Commons of every Parliament and Session of Parliament during her Majesties Raign 4. Another help which I had for the perfecting of these Journals were the two Manuscript Volumes of Fragmentary and Imperfect Journals or rather Collections of the Parliaments and Sessions of Parliament of Queen Elizabeth's Reign which remained in Sir Robert Cottons well known and much famoused Library in the said Years 1629 and 1630. out of which I had most of the Speeches of Sir Nicholas Bacon Knight Lord Keeper of the Great Seal of England Out of these also I had passages which did excellently serve to enlarge and beautify some of the Journals of the House of Commons as is fully mentioned in their proper places In which two Volumes of Parliamentary Collections which then remained in Sir Robert Cottons Library as asoresaid who since Deceased on Friday the 6. day of May Anno Domini 1631. many things being either ignorantly or negligently referred to other times than in truth they belonged unto are here rectified and enlarged according as the occasion it self required 5. And another means to enlarge these Ensuing Volumes were Manuscripts or written Fragments I had by me of Parliamentary Speeches Petitions and such like Passages especially touching the House of Commons all which served most fitly in their due places to supply those things and matters in which the Original Journal-Books themselves were defective 6. A further material for the furtherance of this present work was a Manuscript Treatise which I had by me Intituled Modus tenendi Parliamentum apud Anglos Compiled especially as I conceive by Robert Bowyer Esquire and afterwards enlarged by Henry Elsing Esquire at this present Clerk of the Upper House of Parliament in which were many good Collections touching Proxies Summons Receivors and Tryors of Petitions the Commons Prolocutor and other matters incident to the Passages of the Journals of either House and those especially gathered out of Records of which Treatise there is very
all the Earls Summoned to this Parliament differed nothing from that by which the Duke of Norfolk was Summoned The words of the Writs that were directed to any Bishop this Parliament were Verbatim the same with the Archbishops only differing in the Style which is set down before their Christian Names being added in these words Reverendo in Christo Patri instead of these words inserted into the Writs directed to the Archbishops viz. Reverendissimo in Christo Patri The Writs to the Viscounts and Barons are thus directed viz. Dilecto fideli suo Anthonio Vicecomiti c. and then all the rest agreeing with the aforesaid Writ set down as directed to the Duke of Norfolk The Writs by which the Judges are Summoned are directed thus Dilecto Fideli suo c. and differ from the Peers Writs in these words tractare Consilium suum impendere but not ordinare and the same Style is inserted in the Writs directed to the Queen's Council and the rest who are to attend in the Upper House The Parliament being Summoned to begin as appeareth by the foregoing Writ set down as directed to the Duke of Norfolk on the 23th day of January it was upon the said day farther Prorogued in manner and form following Memorandum where the Queen's Majesty by her first Writ Summoned the Parliament to be begun and holden at Westminster the 23. day of January as by the same Writ bearing Date at Westminster the 5th day of December in the first year of her Reign it more plainly appeareth Her Highness upon certain great and weighty Causes and considerations her Majesty especially 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 this said Parliament until Wednesday now next following being the 25th day of this instant Month by vertue of her Writ Patent Signed with her own Hand Sealed with her Great Seal bearing Date the 21th day of this present Month whereupon at this said 23th day of January the Lord Keeper of the Great Seal with divers others her Lords and Counsellors repaired to the Parliament Chamber commonly called the Upper House and there in the presence of the whole Assembly of the Lords Spiritual and Temporal the Knights Citizens and Burgesses Summoned to the same Parliament did open and declare that the Queens Majesty whose preservation in Health giveth safety and surety to the whole Publick Wealth not feeling her self in good Disposition of Body nor unmindful of the Peril that by her too much boldness by coming abroad might ensue sent for the Lord Keeper of the Great Seal the Lords and others of her Highness Council unto whom she declared her Estate and the fear she had to adventure going to Parliament this said prefixed day being the 23th day of January requesting them to signifie her Estate unto the Assembly and that by virtue of the said Writ of Prorogation she had Prorogued her said Parliament from the first said Summoned day until the 25th day of the same Month. All which matters being notified to the said Assembly according to her Highness request and pleasure the said Writ for the said Prorogation in the presence of that Assembly was there then read by the Clerk of the Upper House publickly and openly the Tenor whereof ensueth Verbatim 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 Parliamentum nostrum apud Civitatem nostram Westmonasterij 23. die instantis Mensis Januarij inchoand ' tenend ' convocat ' elect ' eorum cuilibet Salutem Cum nos pro quibusdam arduis urgentibus negotiis nos statum defensionem dicti Regni nostri Angliae Ecclesiae Anglicanae concernen ' dictum Parliamentum nostrum ad diem locum praedictum teneri ordinaverimus ac vobis per seperalia brevia nostra apud Civitatem diem praedict ' interesse Mandaverimus ad tractand ' assentiend ' concludend ' super his quae in dicto Parliamento nostro tunc ibidem proponerentur tractarentur Quibusdam tamen certis de causis considerationibus nos ad hoc specialitèr movend ' dictum Parliamentum nostrum usque 25 diem hujus instantis Mensis Januarij duximus prorogand ' it a quod nec vos nec aliquis vestrum ad dictum 23. diem Januarij apud Civitatem praedictam comparere teneamini seu arctemini volumus enim vos quemlibet vestrum inde erga nos penitùs exonerari Mandantès tenore presentium firmiter injungendo precipientes vobis Cuilibet vestrum ac omnibus aliis quibus in hac parte intererit quod ad dictum 25. diem Januarij apud praedictam Civitatem Westmonasterij personalitèr compareatis intersitis quilibet vestrum compareat intersit ad tractand ' faciend ' agend ' concludend ' super his quae in dicto Parliamento nestro de Communi concilio dicti Regni nostri savente domino contigerit ordinari Teste me ipsa apud Westmonasterium 21. Januarij Anno Regni nostri primo This day also although the Parliament begun not nor any Peers sate in the Upper House but the Lord Keeper and some others of either house met only in the Parliament Chamber to Prorogue the Parliament until the 25th day of this instant Month as aforesaid were divers Proxies returned from many of the Lords both Spiritual and Temporal who in their absence did Constitute others of the said Upper House to give their voices for them And because no Lord could be absent without Licence from her Majesty first obtained during this Parliament it will not be impertinent amongst other matters of Course to set down the form of the said Licenses which were as followeth RIght Trusty and Wel-beloved We Greet you well Whereas we are informed that by reason of Sickness you are not able to make your repair hither to this our Sessions of Parliament to be holden at Westminster We have thought good by these our Letters to dispense with you for your absence and do License you to remain still at home for this time So nevertheless that you send up your Proxie to some such Personage as may for you and in your name give his voice assent or denial to such matters as shall be Treated and Concluded upon in our said Parliament and these our Letters Patents shall be your Warrant in this behalf Given under our Signet at our Palace at Westminster the first day of January in the first year of our Reign Upon the obtaining and receipt of this aforesaid Licence from her Majesty granted to every absent Lord in particular they sent their several Proxies of which the first that was returned this day was the Proxie of
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
order as they be here set down in the aforesaid Journal Book to have been returned on Saturday the 4th day of February The Proxies also of Edward Earl of Derby John Earl of Oxford Henry Lord Strange Thomas Viscount Howard of Bindon and Henry Lord Morley by which the said Earl of Bedford was Constituted their sole or joynt Proctor are entred in the same order they are Transcribed in the before mentioned Original Journal Book to have been returned on Saturday the 18th day of March ensuing And lastly the said Earl of Bedford was Constituted the joynt Proctor with Edward Lord Clinton Lord Admiral of Oliver Lord St. John of Bletto whose Letters Procuratory are entred to have been returned on Tuesday the 4th day of April ensuing Edward Lord Clinton Lord Admiral was Constituted the sole Proctor of William Lord Burgh Edward Lord Windsor and William Lord Euers whose Proxies are entred at the beginning of the Original Journal Book of this Parliament to have been returned on this Monday the 23th day of this January He was also Constituted the joynt Proctor of William Lord Grey of Wilton whose Proxie is entred as aforesaid to have been returned on Saturday the 4th day of February ensuing the Proxie also of Francis Earl of Huntington is entred as before to have been returned on Saturday the 18th day of March following by which he Constituted the said Lord Clinton his joynt Proctor with Henry Lord Hastings And for the Proxie of John Lord Darcie of Darcie entred there as before to have been returned on this day likewise he is Constituted his sole Proctor And lastly the said Lord Clinton Lord Admiral was Constituted the sole or joynt Proctor of William Lord Willoughby of Parham Edward Lord Hastings of Louthbury and of Oliver Lord St. John of Blestoe whose Proxies are entred to have been returned on Tuesday the 4th day of April ensuing By these three foregoing Presidents it doth plainly appear as also from all other Presidents of former and latter times that any Member of the Upper House by the ancient usage and Custom of the same is capable of as many Proxies as shall be directed unto him although there were an Order made in the said House to the contrary upon the day of Anno Regis Caroli An. Dom. 1626. That no Lord cr Member whatsoever of the Upper House should for the time to come be capable of above two Proxies at the most which said order was occasioned in respect that George Duke of Bucks both the favorite of the King deceased and of King Charles now Reigning this present year 1630 did to strengthen himself by voices not only procure divers persons to be made Members of that House but also ingrossed to himself near upon 20. several Proxies And now if this doubt or conceipt should arise in any mans mind that therefore the Lords have a greater Priviledge than the Members of the House of Commons because they can appoint others to serve in and supply their places in their absence which the Commons cannot they are much deceived and mistaken for it is plain that the chief end of a Proxie is that the Upper House may have all its Members either in person or by representation and therefore the Lords Spiritual and Temporal who are Summoned thither in their own right have anciently had and still do retain the liberty of Constituting their Procurators whereas every Member of the House of Commons appeareth and doth serve in the right of that County City Burrough and Port for which he is Elected and Chosen which being a Trust and Confidence reposed in them can be no more transferred from him to a third person than can the Proxie of the Lords be from him to whom it is directed if he shall be absent likewise and therefore if any Knight Citizen Burgess or Baron after he is Elected and returned shall before the meeting of the House be disabled by Sickness Attainder or other Cause from serving in the same then presently order is given from the House to the Clerk of the Crown for the sending thither a second Writ for a new Election so that the said House may not remain without any Member that appertains unto it And this I conceive Tantamount unto a Proxie which cannot be granted but when the absence of the Lord that sends it is perpetual during that whole Parliament or Session for which he Constitutes one or more Proctors for if he repair to the Upper House any time after and serve in Person his Proxie is presently void On Wednesday the 25th day of Ian. the Parliament was held according to the last Prorogation thereof on Monday the 23th day of this instant Ianuary foregoing and therefore this day is to be reckoned the first day of the Parliament and it was the error of Seimour Esq at this time Clerk of the House of Commons that in the Original Journal Book of the same House fol. 186. a. he accounteth and setteth down the Parliament to have begun on the aforesaid 23th day of Ianuary when it was only prorogued by which he would make that to be the first day thereof True it is that Anciently if the Parliament had been Prorogued on that day to which the Summons thereof had referred in the beginning of it they were so far from accounting that day the first of the ensuing Parliaments that new Writs of Summons were thereupon sent forth and a new day appointed for the beginning thereof as appears in the Parliament Rolls Anno 23. Edw. 1. die 20. Novemb. An. 60. Edw. 1. die 11. Decembris A. 33. Edw. 1. die 13. Julij A. 11. Edw. 2. die 3. Martij But yet it hath been the constant usage most Anciently and doth doubtless hold at this day also that if the King do come in Person to the Parliament on that day to which the Writs of Summons do refer and there cause it to be referred to another day in his own presence then shall that day be accounted the first day of the Parliament of which there are many Presidents also in the Parliament Rolls still remaining in the Tower of London prout in A. 6. Edw. 3. Octobris Sti ' Hillarij A. 14. Edw. 3. tempore Quadragessimi A. 15. Edw. 3. Quindena Paschae and of divers other Parliaments in his time and in the time of King R. 2. his Successor And thus also the last day of the Parliament or of any particular Session is counted to be that on which the Royal assent is given to one or more Acts of Parliament yet if that Parliament or Sessions be adjourned to another day on which the Sovereign doth again come in Person and cause it to be dissolved or further Prorogued then that latter day is to be accounted the last day thereof of which there is one only President during all the Reign of Queen Eliz ' viz. in the Original Journal Book A. 18. Dictae Reginae on Thursday the 15th day of March. The
Presence of her Majesty the Lord Keeper and the Lords Spiritual and Temporal is not at all marked in the Original Journal Book of the Upper House although this entrance following of the said day be there thus Recorded viz. Die Mercurij 25. die Januarij proceres tain Spirituales quam Temporales quorum nomina subsequuntur presentes fuerunt But before this Title there is nothing specified touching the presence of her Majesty or of any of the Lords for the Letters which should be set at the beginning of the names of such Peers as this day attended her Majesty in the Upper House are not at all prefixed to any of them which doubtless happened through the great negligence of Francis Spilman Esq at this time Clerk of the Upper House Yet most certain it is that her Majesty Sir Nicholas Bacon the Lord Keeper the Duke of Norfolk and divers other Peers were present but the direct manner of the ranking of them in respect of the negligent omission of setting the Pr. as aforesaid at the beginning of every Lords name that was present could not be orderly and and directly entred in his place although this was the first day of this first Parliament of her Majesty nor on Saturday the 28th day of this instant January being the second day of the same because by like negligence of Francis Spilman Esq at this time Clerk of the Upper House there is no presence of any Lords there set down in the Original Journal Book of the same House nor any mention of the Speakers presentment by the Knights Citizens and Burgesses of the House of Commons and therefore of necessity it could not be supplied until the third day of this foresaid first Parliament of her Majesty being Monday the 30th day of this instant January on which day the names of all the Lords Spiritual and Temporal being entred the Letters Pr. are prefixed before the name of the Lord Keeper and of such Peers as were then present as see at large on the said Monday next ensuing and therefore that President there so expresly Transcribed may serve as a Pattern for all the residue that follow in all the Journals of the Upper House during her Majesties Reign in which there are no other names inserted but of such Lords as were marked to be present unless it be upon Thursday the 21th day of March following in the afternoon in this present Journal and on Fryday the 15th day of January in the Session of Parliament A. 5. of her Majesty in the Journal of the Upper House And although the names of her Majesty and the Lords that attended could not be exactly set down yet it will not be impertinent in the next place to insert the manner of their sitting in the said House which being not at all mentioned in the aforesaid Original Journal Book of the same A. 1. Reg. Eliz. I have therefore partly supplied it according to 3 other Presidents in these ensuing Journals on which the first was on Thursday the 12th of Jan. in the Session of Parliament A. 5. Reg. Eliz. the second on Wednesday the 2d day of Octob. pomerid ' in the second and last Session of that Parliament being held in A. 8. Reg. 〈◊〉 and the third on Monday the 2d day of Apr. in the Parliament A. 13. Regin praedict ' all which do follow in the several Journals of the Upper House Annis praesatis and it is partly supplied also out the Printed Statute A. 31. H. 8. C. 10. and partly out of that elaborate written Treatise intituled Modus tenendi Parliament ' apud Anglos first confusedly gathered by Wil. Bowyer Esq as I conceive and now lately digested into a Methodical Treatise and enlarged by H. Essing Esq at this time Clerk of the Upper House viz. in A. 1630. L. 1. C. 3. de loco modo sedendi Sect. 3. of the manner of sitting in Parliament at this day Her Majesty sate in the Chair of Estate and when she stood up her Mantle was assisted and born up from her Arms by two Noblemen or others of Eminent Rank thereunto appointed The Two Seats on the right and left-hand of the Chair of Estate were void in respect that the first was Anciently for the King of Scots when he used to come to our Parliaments and the other on the left hand is for the Prince the immediate Heir of the Crown On the Form on the right side of the Chair of Estate which stands on the North-side of the Upper House sate the Spiritual Lords the Archbishop of York beginning the Form and the Abbot of Westminster ending it Who was the last Abbot that ever sate in the said House in England since this first Parliament of her Majesty But at this day the two Archbishops sit upon one Form by themselves and then the other Bishops in order upon two Forms on the right hand of the State the Bishop of London sits first the Bishop of Durham second and the Bishop of Winchester hath the third place and then all other Bishops according to the Antiquity of their Consecrations On the left side of the Chair of Estate which is on the South-side of the Upper House upon the foremost Form sate all the Temporal Lords above the degree of Barons The Marquess of Winchester Lord Treasurer of England beginning that Form and the Viscount Bindon ending it The Barons sate on the second Form on the left hand of the State and it should seem at this Parliament as it fell out also in the next Sessions following in A. 5. Regin Eliz. on Tuesday the 12th day of January that one Form held them all so as the Lord Clinton Lord Admiral of England began the said Form by reason of his Office and the Lord St. John of Bletsoe ended it But at this day the number of Peers being much encreased divers of the Barons do sit upon other Forms Places Cross-ways at the lower end of the House Sir Nicholas Bacon the Lord Keeper because he was under the degree of a Baron as also her Majesties chief Secretary being but a Knight were to have been placed at the uppermost part of the sack in the midst of the said House upon one Form by the fore recited Statute A. 3. H. 8. Cap. 10. But at this present Parliament as also at this day during her Majesties being present the Lord Keeper stood behind the Cloth of Estate on the right-hand and when her Majesty was absent then his Lordship sate on the first Woolsack which is placed athwart the House the Seal and Mace by him On the Woolsack on the North-side of the House and of the right-hand of the Estate sate the two Chief Justices and divers other Judges On the Woolsack on the left-hand of the Estate and on the South-side of the House sate the Master of the Rolls the Lord Chief Baron the Queen 's Learned Council and others And note That all these may properly besaid to sit on the Inner-side of
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
Clerk of the said House having read the title and the Bill aforesaid standing kissing his hand delivered the same with a Breviate containing the substance of the Bill annexed unto it unto the Speaker who thereupon standing up uncovered and reading both the Title and the Breviate said This is the second reading and the having paused a while and as it is likely none speaking against the Bill he put the question for the committing thereof as followeth viz. As many as do think fit this Bill should be committed say Yea. And after the affirmative voice given as many as shall think the contrary say No and then as it should seem the Speaker judging that the affirmative voice was the greatest did put the House in mind to name Committees And thereupon every one of the House that listed did name such other Members of the same to be of the Committee as they thought fit and the Clerk either did or ought to have written down as many of them as he conveniently could and when a convenient number of the Committees named were set down by the Clerk then did the Speaker move the House to name the time and place when and where they should meet which the Clerk did also doubtless then take a note of and did also Silence being made in the House read out of that Book or Paper in which he entred them the Committees names with the time and place of their meeting And it is most probable that the Clerk of the House of Commons himself or his servant in the. transcribing out of the foresaid notes into that Book which now remaineth the Original Journal of the said House for this present Parliament did there wittingly and knowingly forbear to insert the names of the other Committees appointed in the foregoing Bill with the time and place of their meeting as matters of Form and not essential to the said Journal The Bill for a Subsidy and two Fifteens and Tenths granted by the Temporalty was read the first time M r Carrell on the behalf of the Committees who were appointed on Monday the 30 th day of January foregoing to consider of the validity of the Writs of Summons of the Parliament foregoing and this present now Assembled in respect that these words Supremum caput were wanting in them did make report that it was agreed by the said Committee that the want of the said words did not at all hinder or impeach the validity of the said Writs of Summons and so consequently of those preceding Parliaments or this present now Assembled On Saturday the 4 th day of Feb. the Bill for Tonnage and Poundage to be granted to the Queens Majesty was read the second time and Ordered to be Ingrossed There passed divers Arguments in the House touching a Request to be made to the Queens Highness for her Marriage but by whom the said Arguments were made or what the substance of them was or what was resolved by the House upon them is through the negligence of the Clerk of the House of Commons omitted in the Original Journal-Book of the same yet it may easily be gathered by that which followeth on Monday the 6 th day and on Friday the 10 th day of this Instant February ensuing that the House did this day Resolve that such a Petition should speedily be drawn February the 5 th Sunday On Monday the 6 th day of Feb. the Bill for the Subsidy granted by the Temporalty was read the second time and thereupon Ordered to be Ingrossed The Bill for the restitution of Tenths and First-Fruits was brought from the Lords by M r Attorney and M r Sollicitor the manner of whose delivery thereof being not found in the Original Journal-Book of the House of Commons I have caused to be supplied according to the usual course thereof The said M r Attorney and Sollicitor being admitted into the said House came up close to the Table where the Clerk sate and made three Congies and then acquainted Sir Thomas Gargrave the Speaker that the Lords had sent unto the House such a Bill of which one of them read the Title and so again departed the House having made three other Congies It was Ordered by the House that M r Speaker with all the Privy-Council and thirty other Members of the same should attend upon the Queen this Afternoon to petition her Majesty touching her Marriage in such manner and Form as had been on Saturday last agreed upon but whether they were admitted to her Majesties presence doth not appear nor can possibly be gathered out of the Original Journal-Book of the House of Commons neither in what manner their Petition was framed although it is plain by her Majesties Answer inserted at large on Friday the 10 th day of this instant February ensuing that it was only general to perswade her Majesty for the welfare of her State and Kingdom to be pleased to marry without limiting the time Person or place And howsoever whether this aforesaid Petition were delivered this Afternoon or no most likely it is that her Majesty deferred and took time to give an Answer in so weighty a business until the said 10 th day of February aforesaid which I do the rather gather not only from the above-mentioned Original Journal-Book it self in which there is no report or mention of her Majesties Speech made unto the House by the Speaker until in the Forenoon of the said day but also from an antient written Copy of her Majesties said Answer which I had by me in which it is referred unto the said 10 th day of February as then uttered by her which will also more fully appear in the passages of the said day where it is at large set down On Tuesday the 7 th day of February the Bill that the Citizens of York may take Apprentices notwithstanding the Statute to the contrary was read the first time The Bill also for the Subsidy of Tonnage and Poundage was read the third time and passed which may be gathered by these words viz. Judicium assent placed in the inner margent before the beginning of the entrance of the title of the said Bill in the Original Journal-Book of the House of Commons by which words I suppose the Clark intended as much as if he had recorded it at large that upon the said third reading of the Bill it passed the House by the judgment and assent of the same The manner and form of which third reading I have thought good to cause to be applied to the present occasion according to the usual course therein accustomed The Clerk of the House standing up read the Title and the Bill aforesaid and kissing his hand delivered the same unto the Speaker who standing up uncovered read again the Title of the said Bill and opened shortly the effects thereof and then said This is the third reading of this Bill and told them further that with their favour he would now put it to the Question for the
accepteth your Liberality And thirdly For the Executing of the Laws Here my Lords and Masters although I cannot declare or open it unto you as her Majesty hath Commanded me and therefore willingly would hold my Tongue if I might which for that I cannot be so excused say unto you as followeth not doubting of her Highness Clemency in bearing with me herein First Her Majesty considereth how wisely you have done for the abolishing of the Romish Power the Common Enemy of this Realm remembring your care for the defence of the same Realm your respects for the maintenance of Victual the banishment of Vagabonds and relief of the Poor with other And therefore alloweth your worthy Proceedings herein Secondly Your Liberality and Benevolence wherein your wise Considerations towards her Charges is by her Majesty taken in thankful part and I take it to be my Duty to put you in remembrance that although this Subsidy is made and to be born by Subjects not daily accustomed thereunto but that at her first entrance she had the like and that the grant thereof is more liberal than afore hath been accustomed and that it is of your necessity yet it is to withstand a greater necessity that for fault thereof would else have ensued and therefore that penny is well spent that saveth a groat which also hath been granted neither with perswasions threats nor sharp words which afore this time hath been accustomed but by one general consent of you all wherein appeareth your good wills and benevolent minds you bear to her Majesty which zeal she most accepteth and as she hath cause thanketh you Again by her Majesties Commandment she remembring by whom why and to whom this was granted doth think as freely as you have granted the most part whereof hath been accepted and lest those that have so freely offered should not be so ready towards the gathering thinketh it much better to lose the sum granted than to lose your benevolent minds Thirdly To the Execution of Laws I have little to say although the whole substance consisteth therein because I did in the beginning of this Parliament declare my Opinion in that matter and therefore as now you have to your Charges taken pains in making good Laws so put to your helps to see these and all other Executed for as it is infallible that a thing done unconstrained is much better than when they be constrained thereunto even so her Majesty willeth you to look well without more words to the Execution lest her Grace should be driven to do as she doth in her Ecclesiastical Laws make Commissions to inquire whether they be done or no whereby she shall know those Justices and Officers who have done their Duty and are to be used in service of Justice whereof her Majesty desireth to have many and again she shall understand who are to be barred from the like rooms and the penal Statutes to be on them Executed after this gentle warning which inquiry I know is like to fall on me as well as another Howbeit if Justice be not Executed I shall be glad to see this Order taken Notwithstanding her Majesty hopeth that this her admonition shall not need for that you see Laws without Execution be as a Torch unlighted or Body without a Soul therefore look well to the Executing Here endeth the three things which her Majesty commanded me to say unto you Besides this her Majesty hath to Answer your Petitions and as to the first in which you desire her Royal Assent to such matters as you have agreed upon to that she saith how at this present she is come for that purpose And for your other Petitions to accept in good part as well your service as the travails and doings of the nether House this Parliament and to that she Answereth how that she doth not only accept them in good part but also thanketh both you and them for the same And touching your request before this made unto her for her Marriage and Succession because it is of such importance whereby I doubted my own opening thereof and therefore desire her Majesty that her meaning might be written which she hath done and delivered to me to be read as followeth SInce there can be no duer Debt than Princes words which I would observe therefore I Answer to the same thus it is The two Petitions which you made unto me do contain two things my Marriage and Succession after me For the first If I had let slip too much time or if my strength had been decayed you might the better have spoke therein or if any think I never meant to try that Life they be deceived but if I may hereafter bend my mind thereunto the rather for fulfilling your request I shall be therewith very well content For the second the greatness thereof maketh me to say and pray that I may linger here in this Vale of Misery for your Comfort wherein I have witness of my Study and Travail for your Surety And I cannot with Nunc dimittis end my Life without I see some foundation of your Surety after my Grave Stone These foregoing Speeches being thus transcribed out of the very Autograph or Original Memorial of them as aforesaid now follows the form and manner of her Majesties Royal Assent to such Acts as passed Sir Nicholas Bacon Lord Keeper Commanded the Clerk of the Crown to read the Acts whereupon M r Thomas Powle as Joint-Patentee and in the absence of M r Martin Clerk of the Crown stood up before the little Table set before the Wooll-sacks and after Obeysance made began to read the Titles of the same as followeth An Act for the Assurance of the Queens Majesties Royal Power over all States and Subjects within her Dominions Then Francis Spilman Esq Clerk of the Upper House standing up after Obeysance made read her Majesties Answer in these words viz. La Roigne le veult And then both the Clerk of the Crown and the Clerk of the Upper House made Obeysance together Thomas Powle Esq Clerk of the Crown standing up did read the Title of the Bill of Subsidy and then Francis Spilman Esq Clerk of the Upper House standing up likewise did read the Queens Majesties Answer in manner and form following viz. La Roigne remercye ses loyaulx subjects accept leur benevolence ainsi le veult The said Clerk having read the Queens Acceptance and thanks for the Subsidy given as aforesaid did then upon the reading of the Title of her Majesties Pardon by the Clerk of the Crown as aforesaid pronounce in these French words following the thanks of the Lords and Commons for the same Les Prelats Seigneurs Communes en ce present Parliament Assembles au nom de touts vous autres subjects remercient tres humblement vostre Majestye prient à Dieu que ils vous donne en santè bonne vie longue The Bills of Subsidy and Pardon being passed then were the Titles of the publick Acts
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
there was such fulness of Power as even the right of the Crown was to be determined and by Warrant whereof we had so resolved That to say the Parliament had no Power to determine of the Crown was High-Treason He remembred how that men are not there for themselves but for their Countries He shewed it was fit for Princes to have their Prerogatives but yet the same to be straitned within reasonable limits The Prince he shewed could not of her self make Laws neither might she by the same reason break Laws He further said that the Speech uttered in that place and the offer made of the Bill was not to be condemned as evil for that if there were any thing in the Book of Common-Prayer either Jewish Turkish or Popish the same was to be reformed He also said that amongst the Papists it was bruted that by the Judgment of the Council Strickland was taken for an Heretick it behoved therefore to think thereof M r Fleetwood first shewed the order of Civil Arguments from the cause to this effect that time must be known and place observed He said then that of Experience he could report of a man that was called to account of his Speech in 5 to of this Queen but he said he could not meddle with so late matters but what he had learned in the Parliament Rolls he thought convenient should be known and considered of In the time of H. 4. a Bishop of the Parliament was Committed to Prison by Commandment of the King the Parliament resolved to be Suitors for him And in King H. 5. the Speaker himself was Committed c. with him another of the House the House thereupon stayed but remedy they had none other than to be Suitors to the King for them whereupon he resolved that the only and whole help of the House for ease of their grief in this case was to be humble Suitors to her Majesty and neither send for him nor demand him of right During which Speech the Council whispered together and thereupon the Speaker moved that the House should make stay of any further Consultation thereupon Thus far of these Speeches out of the aforesaid Anonymous Journal unto which for the intire making up of this present days agitations these passages following are transcribed out of the Original Journal-Book it self of the House of Commons in manner and form following M r Comptroller moved touching the Bill for Bristol that Licence might be granted to amend it in form not changing the matter which was assented unto The Bill concerning coming to Church and receiving of the Communion was read the second time A Proviso to the Bill concerning coming to Church and receiving the Communion was read the first time The Bill for Shrewsbury was read the second time and ordered to be ingrossed On Saturday the 21 th day of April an Addition to the Bill for coming to Church and receiving of the Communion was read the first time A Proviso to the Bill for coming to Church and receiving of the Communion was read the first time The Bill for coming to Church and receiving the Communion with the Additions and Provisoes were Committed unto M r Treasurer M r Chancellor of the Dutchy Sir Thomas Smith M r Moore M r Henry Knolles Sen. M r Sampoole M r Mounson M r Bell M r Yelverton M r Agmonderon M r Boyer M r Thomas Snagg and M r Strickland who were appointed to meet in M r Treasurers Chamber at the Court at two of the Clock in the Afternoon Thus far of this days Passages out of the Original Journal-Book of the House of Commons Now follows an Observation upon M r Stricklands coming to the House this day being nominated the last Committee in the Bill foregoing out of that often before-cited Anonymous Journal because it doth conduce very much to the Declaration and maintenance of the Liberties of the House for the said M r Strickland having on Saturday the 14 th day of this instant April pressed very earnestly the reformation of the Book of Common-Prayer and some Ceremonies of the Church was after the Adjournment of the House of Commons on that day being Easter Even called before her Majesties Council about the beginning of the Week following and was commanded by them to forbear coming to the said House in the mean season and to attend their further pleasure whereupon on Friday immediately foregoing being the 20 th day of this said instant April divers Speeches and Motions having passed in the House touching the breach of the Liberties thereof by restraint of one of their Members from repairing thither although he were neither imprisoned nor confined M r Speaker did at last desire them to forbear further Consultation in the said matter And the House having at his said request passed over the residue of the said day in the Morning in the agitation of other business the above-mentioned M r Strickland did this Forenoon upon an Advertisement as it should seem from her Majesties Council repair again to the said House soon after it was set And coming just upon the time when the foregoing Bill for coming to Church and receiving the Communion was in the referring to Committees the said House did in witness of their joy for the restitution of one of their said Members awhile from them restrained presently nominate him one of the said Committees as appeareth plainly by their names immediately foregoing being inserted out of the Original Journal-Book of the said House out of which these next ensuing passages do follow in manner and form following The Bill for William Skeffington Esq was read the second time and Henry Sacheverel being present at the Bar and in open Court confessing the fraud offered by way of excuse a Bill of causes moving him thereunto which was read also and ordered to be ingrossed The Proviso to the Bill for coming to Church and receiving of the Communion was read the second time upon which as it should seem divers Arguments ensued although no mention thereof be made in the aforesaid Original Journal Book it self and are therefore supplied out of that often before-cited Anonymous Journal in manner and form following viz. M r Aglionby argued that there should be no human positive Law to inforce Conscience which is not discernable in this World To come to the Church for that it is publick and tendeth but to prove a man a Christian is tolerable and convenient and not to come to Church may make a man seem irreligious and so no man for that by Religion only a man is known and discerned from Brute Beasts and this is to be judged by the outward show But the Conscience of man is Eternal invisible and not in the power of the greatest Monarchy in the World in any limits to be straitned in any bounds to be contained nor with any policy of man if once decayed to be again raised He shewed that neither Jew nor Turk do require more than the submission to
Right well Beloved Counsellor Sir Thomas Bromley Knight Lord Chancellor of England Greeting Whereas in the beginning of this our present Parliament holden at Westminster the eight day of May in the fourteenth year of our Reign the Knights Citizens and Burgesses being Assembled in the same Parliament were Commanded by us to go to their accustomed place and there to chuse to themselves one to be their Speaker according to the accustomed manner Whereupon the same Knights Citizens and Burgesses did Elect and Chuse one Robert Bell Esq afterwards Knight and Chief Baron of our Exchequer now deceased to be their Speaker and the same their Election did afterwards certifie unto us which Election we did allow and ratifie since which time this our present Parliament hath been continued by divers Prorogations until the 8 th day of February in the eighteenth year of our Reign at which time the said Parliament was holden and continued from the said 8 th day of February until the 15 th day of March then next following from which time also the said Parliament hath continued by divers and sundry Prorogations until the 16 th day of January in this present twenty third year of our Reign At which day the Lords Spiritual and Temporal and also the said Knights Citizens and Burgesses have declared unto us that the said Robert Bell since the last Session of this present Parliament is dead and thereupon have made their humble Suit and Petition to us that they might have Licence and Commandment from us to proceed to Elect amongst 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 Robert Bell is dead as they have alledged and considering their humble Petition and Request is very meet and necessary to be granted have appointed and Constituted you and by the 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 present 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 yet to come and after they have once 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 doing of the premises and execute the same with effect In Witness whereof we have caused these our Letters Patents to be Sealed with our Great Seal Witness our Self at Westminster the 16 th day of January in the twenty third Year of our Reign Thus far out of the Original Journal-Book of the Upper House now follows the continuance of this days Passages as also of the residue of the matters handled in the House of Commons during this Session of Parliament out of the Original Journal-Book of the same House At the return of such Members of the House of Commons into their own House as had been present in the Upper House during the time the recited Commission was in reading for many of the House of Commons conceiving that their sending for to the Upper House aforesaid being only by their own Serjeant whom they had sent up to the Lords to see if the Lord Chancellor and the rest of their Lordships were come thither or no was no orderly giving them notice of their Lordships desires in that behalf according to former usage in respect that the said Commons are to be sent for by ..... amongst the said Members as aforesaid who had been so present in the said Upper House Sir Francis Knolles Knight Treasurer of her Majesties Household did at his return declare that for Answer to the Suit her Majesties Commission was read to license and Command the Commons to Chuse a Speaker and that four of this House being of the Privy-Council should make report of the Election to her Majesty that her Highness might thereupon signifie her further Pleasure for appointing the day for presenting of him M r Treasurer further declared unto the House before their proceeding to Election that he and others had just now seen in the Upper House one that is a Member of this House to wit M r John Popham her Majesties Sollicitor General being one of the Citizens for Bristol and therefore made a Motion that some of this House might be sent to their Lordships with request that the said M r Popham being a Member of this House might forthwith be remanded and restored to this House again which some thought not needful to be done before the Election and others again denying that he or any other could be Chosen Speaker except he were present himself The Clerk was Commanded to read the said Precedent again of chusing M r Onslow in the said eighth year of her Majesties Reign which said Precedent see on Monday the 16 th day of this instant foregoing and thereupon that course being agreed upon to be followed the said M r Treasurer and others were sent up to the Lords to demand the restitution of the said M r Popham and brought Answer again that their Lordships had resolved he should be sent down the rather because he was a Member of this House and this House possessed of him before he was Sollicitor or had any place of Attendance in the Upper House Upon relation whereof a Motion was presently made that it was not meet or convenient to chuse a Speaker by persons that were not of the House and withal it was thought of some that divers persons being newly returned in the places of others yet living were not or ought not to be accounted Members of this House Whereupon to avoid length of Argument and the impediment of the Election the said M r Treasurer by the Assent of the House pronounced an Admonition that all such as were newly returned in the places of others yet living should forbear to repair to the House till their case were further considered Then immediately M r Anderson the Queens Serjeant at Law and Sir Gilbert Gerard Knight her Highness Attorney General brought from the Lords the said M r Popham her Majesties Sollicitor General one of the Citizens for the City of Bristol and restored him to this House as a Member of the same and so departed And then was a Motion made by M r Lewkenor for Prayer to be used before the Election that it might please God both in that and in the residue
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
the 17 th day of March following The last Bill of the said six being for a Bank of general Charity to be appointed for the relief of common necessity was put to the Question upon the first reading and rejected Quod nota because it is not usual for a Bill to be put to the Question upon the first reading Upon the report of Sir James Croft Comptroller of her Majesties Houshold and M r William Howard of the great disorder of Serving-men and Boys in hurting and misusing of other Persons and of whom M r Comptroller and M r Howard did see and take two of the said disordered persons It was Ordered that the Serjeant of the House should wait upon M r Comptroller to know the same two Persons and to bring them to this House to Morrow sitting the Court. The Bill lastly for the true Answering of Tithes was read the second time and thereupon committed unto Sir Richard Greenfield Sir John Peter Sir William Harbert M r Dale one of the Masters of the Requests and the Bill was delivered to the said M r Dale who with the rest was appointed to meet on Monday the 8 th day of this instant December following at two of the Clock in the Afternoon in the Middle-Temple Hall On Friday the 4 th day of December Three Bills of no great moment had each of them one reading of which the third being the Bill against partial Juries and Trials was upon the second reading committed unto M r Recorder of London M r Tanfield M r Cromwell and others and the Bill was delivered to M r Attorney of the Court of Wards one of the said Committees who with the rest was appointed to meet upon Monday the 7 th day of this instant December following at two of the Clock in the Afternoon in the Inner-Temple Hall The Bill for the maintenance of Navigation and another Bill concerning Cloth at Boated in Essex having passed the House upon the third reading were sent up to the Lords by M r Treasurer of her Majesties Houshold M r Vice-Chamberlain and others The Bill for the better and more reverend observation of the Sabbath day was read the second time and Ordered to be ingrossed De qua Vide plus on Wednesday the 17 th day of March following Upon a Motion made this day unto the House by M r Speaker that M r Marmaduke Wivell one of the Burgesses for the Borough of Richmond in the County of York is lately faln very sick and not able to give his attendance on this House till he shall have recovered better health and therefore desireth in the mean time Licence of this House to go a little into the Country to take change of Air for a short time for the seeking of his better health and strength it was gramed and agreed by this House that he may do so with the good favour and leave of this House accordingly Upon another Motion also made by M r Speaker for M r Edward Leigh Esquire one of the Knights returned into this present Parliament for the County of Stafford and since that time chosen to be Sheriff of the said County of Stafford It was likewise Ordered by this House that the said Edward Leigh may with the good leave of this House have liberty to absent himself in and about his necessary charge and service in the said Office of Sheriffwick Nota That hence it may be probably gathered that neither her Majesty nor the House of Commons did conceive these two places to be incompetible but that they might well stand and be in one and the same Man at one and the same time for her Majesty did first make him Sheriff of the County of Stafford not only after he was chosen but returned a Knight of the same County also which it is very plain she could not be ignorant of and therefore her self and the House of Commons did both allow of his being made Sheriff as a thing well agreeing with the priviledge of his former place and the service of that House and did not therefore give him a sinal discharge but only liberty of recess about his necessary affairs into the Country as in the foregoing case of sickness which being expedited he might return again to that service For doubtless if the said House had conceived that he had been utterly disabled from his serving there by his new Office it would have been Ordered That a Warrant should have been sent to the Clerk of the Crown to have sent down a new Writ into the said County of Stafford for a new Election to have been made as in the case of double Returns death or the like is used Besides if her Majesty might have disabled as many Members from serving in that House as she should or could have made Sheriffs it had lain in her power and may lye in the power of any King or Queen of this Realm for the time being to have disfurnished the House of Commons at any time of all or the greater part of the ablest Members thereof Against this Opinion the words of the very Writ by Authority whereof the Knights Citizens Burgesses and Barons of the House of Commons are elected hath been and may be still objected viz. Nolumus antem quòd tu nec aliquis alius Vicecomes dicti Regni nostri aliqualiter sit electus c. which words were not in the Writ during the Reign of King Henry the Third E. 1. E. 2. and the beginning of the Reign of King Edward the Third but crept in afterwards by virtue of an Ordinance of Parliament upon some special occasion to that end made which is entred in Rotulo Parliamenti de Anno 46 E. 3. num 13. And therefore the constant practice in many Parliaments since to the contrary may well be admitted and followed as the greater and more swaying Authority which also appeareth in the aforesaid Precedent the said M r Leigh being allowed to maintain and retain both the said places and to serve in them without all manner of dispute or question Vide plus concerning this business on Tuesday the 23. day of February following On Saturday the 5 th day of December two Bills of no great moment had each of them one reading of which the last being the Bill against the delay of Justice was upon the second reading committed unto M r Vicechamberlain M r Chancellor of the Exchequer M r Sandes M r Sollicitor and others who were appointed to meet on Monday the 7 th day of this instant December following in the Afternoon in the Exchequer-Chamber or Star-Chamber The Bill also for the better and more reverent observing of the Sabbath day was read the third time and upon the question passed the House Vide touching this Bill on Wednesday the 17 th day of March following The Lords also sent back to the House of Commons the Bill touching Boxted Clothes with some amendments and additions which had been carried up yesterday to their
Prorogand Ita quod nec vos nec aliquis vestruin ad dictum duodecimum diem Novembris apud Civitatem praedictam comparere teneamini seu arctemini volumus enim vos quemlibet vestrum erga nos penitus exonerari Mandantes tenore praesentium firmiter injungendo praecipientes vobis cuilibet vestrum omnibus aliis quibus in hac parte intererit quòd ad dictum quartum diem Februarii apud praedictam Civitatem Westmonasterii personaliter compareatis intersitis quilibet vestrum compareat intersit ad tractand faciend agend concludend super hiis quae in dicto Parliamento nostro de communi Concilio dicti regni nostri favente Domino contigerint ordinari In cujus rei testimonium has Literas nostras fieri fecimus Patentes Teste meipsa apud Westmonasterium 15. die Octobris Anno Regni nostri 30. Per ipsam Reginam Ha. Gerrard On Tuesday the 4 th day of February in the 31. year of her Majesties Reign to which day the Parliament had been last Prorogued upon Tuesday the 12 th day of November foregoing and accordingly now held The Queens Majesty was personally present accompanied by the Lord Chancellor and divers of the Lords both Spiritual and Temporal but the Original Journal-Book of the Upper House doth not at all mention the presence of any Lords which happened through the great negligence of M r Anthony Mason at this time Clerk thereof yet it may be collected February 8. The Queen being set under her Cloth of State and the Lords placed in their Parliamentary Robes according to their several ranks and orders the Knights Citizens Barons and Burgesses of the House of Commons had notice thereof and thereupon repaired to the said Upper House and as many of them as conveniently could being let in stood before the Rail or Bar at the nether end thereof Then Sir Christoper Hatton Knight Lord Chancellor of England in a Speech which he used did at large declare the Queens gracious disposition to peace and her great wisdom in preserving the same and singular government of the Realm Next he shewed the great benefit which this Kingdom enjoyed by her government and remembred her great Conquest over the Spanish late wonderful Army or Fleet on the Seas videlicet in Anno 30 Reign Eliz. Anno Domini 1588. He further declared how much the King of Spain remained bent against this Kingdom And lastly shewed the Cause of calling this Parliament to be that by the consent of the most grave and wise Persons now called together out of all parts of the Realm preparation may as far forth by the Counsel of man as is possible be made and provided that Arms Souldiers and Money may be in readiness and an Army prepared and furnished against all Events The Lord Chancellors Speech being ended the Clerk of the Parliament read the names of the Receivors and Triors of Petitions in French according to the usual form which were these Receivors of Petitions for England Ireland Wales and Scotland Sir Christopher Wray Chief Justice Sir Gilbert Gerrard Knight Master of the Rolls Sir Robert Shute one of the Justices of Kings Bench D r Aubrey and D r Ford. Receivors of Petitions for Gascoigne and other Countries beyond the Seas and the Isles Sir Edmond Anderson Chief Justice of the Common Pleas Sir Roger Manwood Chief Baron Francis Windham one of the Justices of the Common Pleas D r Clerk and D r Cary. Tryors of Petitions for England Ireland Wales and Scotland The Archbishop of Canterbury the Earl of Darby the Earl of Worcester the Earl of Sussex the Bishop of London the Bishop of Winchester the Lord Howard of Effingham Lord Admiral Lord Cobham the Lord Grey of Wilton Tryors of Petitions for Gascoigne and for other Countries beyond the Seas and the Islands The Earl of Oxford great Chamberlain of England the Earl of Warwick the Earl of Pembrook the Bishop of Salisbury the Bishop of Lincoln the Bishop of Rochester the Lord Hunsdon Lord Chamberlain to the Queen the Lord Lumley and the Lord Buckhurst As soon as the Clerk of the Parliament had read these names and had likewise ended other things of course belonging unto them viz. That the first Tryors of England c. or any four of them calling unto them the Lord Chancellor and the Lord Treasurer and also the Queens Serjeants should at their leisure meet together in the Chamberlains Chamber and that the last Tryors of Gascoigne c. or any four of them calling unto them the Queens Serjeants the Queens Attorney and Sollicitor should hold their place when their leisure did serve them to meet in the Treasurers Chamber Then the Queen continued the Parliament unto a day to come which is entred in the Original Journal-Book of the Upper House in manner and form following viz. Ipsa Regina continuavit praesens Parliamentum usque in diem Jovis prox ' hora secunda post Meridiem On Wednesday the 5 th day of this instant February although the Upper House sate not yet was one extraordinary Proxy returned or brought in unto the Clerk of the said House as there had formerly been another of a like nature returned on Monday the third day of the said Month foregoing which because it was returned before the Parliament it self began and is entred together with that before mentioned in the beginning of the Original Journal-Book of the said House it shall not be much amiss to set them down both together in this place in such manner and form as they are entred in the said Journal-Book viz. Vacat 3. die Februarii introductae sunt Literae procuratoriae Willielmi Assaphen ' Episcopi in quibus Procuratores suos constituit Johannem Archiepiscopum Cantuar ' Johannem Episcopum Roffen Hugonem Episcopum Bangoren ' Nota That though the word vacat be here placed in the Original Journal-Book of the Upper House in the Margent of this Proxy in such manner and sort as this is transcribed yet there doth not appear any reason thereof for as it may be collected by the presence of the Lords set down on Saturday the 8 th day of this instant February following neither the said Bishop of S t Asaph was present himself after the said Proxy sent nor all nor any of his Proctors absent nor himself dead which are only causes of a Vacat 5 to Die Februarii introductae sunt Literae procuratoriae Johannis Carliolen ' Episcopi in quibus Procuratorem suum constitiuit Johannem Archiepiscopum Cantuarien ' Nota That these Two Proxies are therefore called unusual and extraordinary because these two Bishops did constitute the first of them three Proctors and the last of them but one whereas for the most part the Spiritual Lords do nominate two and the Temporal Lords but one which may be collected in part out of the very Returns of this Parliament for of five Spiritual Lords that sent their Proxies three constituted two
her Majesties Reign viz. in Anno 39 Anno 43. and in these latter times of King James and our present Soveraign his Son these are seldom or never nominated as Committees but only as Assistants to the Committees to give their advice if they shall be required and not otherwise And though the Clerk of the Parliament might at some time mistake and err in setting down such for Committees as were only Commanded to be Attendant upon or Assistant unto the said Committees yet that he should so often mistake in so many Parliaments and the rather because such Committees are frequently named divers times in sundry of the several Sessions it is most unlikely and improbable On Friday the 14 th day of February the Bill for the more speedy payment of Fines and Tenths was read prima vice Memorand The Lords Committees brought in the Bill concerning Captains and Souldiers with Amendments and by reason of divers defects in the same Bill they had framed a new Bill which new Bill by the consent of all the Lords was received and read prima vice Two Bills had each of them one reading of which the first being a Bill touching Constats of Original Conveyances made to the Queens Majesty was read secunda vice And the second being a Bill to save discontinuance of Writs of Error upon Errors in the Court of Exchequer was read secunda vice commisia Archiepiscopo Cantuar ' Ebor ' Domino Senesechallo three Earls three Bishops six Barons Magistro Rotulorum Servienti Shuttleworth Magistro Attornato Sollicitatori Dominus Cobham Dominus Stafford robis Parliamentariis induti introduxerunt Dominum Talbot eúmque ad locum suum perduxerunt praeeunte Gartiro principali Reg. Armorum qui etiam tunica armorum indutus erat On Saturday the 15 th day of February to which day the Parliament had been last continued three Bills were read whereof two of them the first being a Bill for maintenance of Houses of Husbandry and Tillage and the second being a Bill for Horse-stealing and House-burning were read secunda vice tunc commissae Domino Thesaurario 4 Comitibus 2 Episcopis 8 Baronibus Justiciar ' Gawdie Servienti Puckering Sollicitatori Reginae On Monday the 17 th day of February to which day the Parliament had been last continued four Bills were read of which the first being a Bill for reformation in excess of Apparel was read secunda vice commissa Domino Thesaurario 3 Comitibus 2 Episcopis 6 Baronibus Servienti Shuttleworth Sollicitatori Reginae Quod nota On Tuesday the 18 th day of February to which day the Parliament had been last continued were four Bills read whereof the first being a Bill providing remedy against discontinuance in Writs of Error in the Exchequer and Kings Bench was read tertia vice conclusa and sent to the House of Commons by Serjeant Shuttleworth and Dr. Aubery with three other Bills On Thursday the 20 th day of February to which day the Parliament had been last continued were four Bills read of which the first being a Bill for having Horse-Armour and Weapons was read prima vice On Saturday the 22 th day of February to which day the Parliament had been last continued were three Bills read of which the last being a Bill concerning Captains and Souldiers was read tertia vice conclusa and together with the two Bills aforesaid sent to the House of Commons by Serjeant Puckering and Doctor Ford. Three Bills were also sent from the House of Commons viz. a Bill concerning Informers and two others of no great moment On Monday the 24 th day of February to which day the Parliament had been last continued were four Bills read whereof one of them being a Bill for Writs upon Proclamation upon Exigents to be Currant within the County Palatine of Durham was read secunda vice commissa Justiciario Gawdie Quod nota On Tuesday the 25 th day of February to which day the Parliament had been last continued were two Bills read whereof the first being a Bill concerning Informers was read prima secunda vice conclusa and so expedited And the second being a Bill for the abridgment of Proclamations upon Fines to be levied at the Common Law was read secunda vice wherein the Lords finding some imperfections sent down Serjeant Shuttleworth and D r Clark to the lower House to pray a Conference with some of that House which being yielded the Lords Ordered for Committees the Lord Treasurer the Lord Steward the Bishop of Winton the Lord Cobham the Lord Buckhurst and the Lord Chief Justice of the Common Pleas to attend the Lords Nota That here one of the Judges is particularly nominated to attend upon the Lords Committees which may further prove that in all those former places where the Judges or the Queens Learned Council are named as Committees it is no Error nor mistake of the Clerk So that hence the difference may very well be gathered to be this That where a Committee of the Lords was formerly used to be selected out to meet with another Committee of the House of Commons here neither the Judges being but Assistants nor the Queens Learned Council being but Attendants of and upon that House were ever nominated or appointed as Joint Committees with the Lords because the very Members of either House only are then admitted to partake of such matters of weight and secrecy as they do there commonly confer upon But when the Lords do amongst themselves appoint a Committee to consider only of some ordinary Bill that is to pass their House and especially if the Bill do concern matter of Law here it antiently hath been used and may still without any prejudice to the honour of that House be continued that the Kings Learned Council but especially the Judges may be nominated as Committees alone or as Joint Committees with the Lords for in regard that nothing can be absolutely concluded at a Committee all matters shall still depend upon the resolution of the House and so no inconvenience shall ensue thereupon After the Committees of both Houses had met the Lords Committees proceeded to the Amendment of the Bill and afterwards this present day the Bill and Amendments received their second reading and passed the House and was sent down to the House of Commons to be amended by them by D r Carew and M r Sollicitor It appeareth by the Journal-Book that the House of Commons having yielded to a Conference did presently chuse Committees and sent them up to the Upper House Two other Bills had each of them one reading in the House and one Bill was sent up to the Lords from the House of Commons all being of no great moment On Thursday the 27 th day of February to which day the Parliament had been last continued two Bills of no great moment had each of them one reading of which the first being a Bill for reformation of excess in
to the Lords from the House of Commons of which the first was an Act for confirmation of the Subsidy of the Clergy Four Bills also of no great moment had each of them one reading of which the first being a Bill for the continuance of divers Statutes was read secunda vice No mention is made in the Journal-Book of the continuance or Adjournment of the Parliament which seemeth to have been omitted by the Clerks negligence On Wednesday the 26 th day of March Three Bills were read of which the first being a Bill to avoid secret Outlawries of her Majesties Subjects was read tertia vice and sent to the House of Commons by D r Carew One Bill also of no great moment was sent up to the Lords from the House of Commons On Thursday the 27 th day of March divers of the Lords Spiritual and Temporal met but nothing was done saving the continuance of the Parliament unto the day next following On Friday the 28 th day of March Three Bills were sent up to the Lords from the House of Commons of which the first was a Bill for Explanation or Declaration of the Statute of the eighth year of H. 6. concerning forcible Entries the Inditements thereupon found expedite A Bill for the Naturalizing of Joice the Daughter of Ralph Esking Gentleman and Wife of Richard Lambert Merchant born beyond the Seas was read secunda tertia vice and expedited Dominus Cancellarius continuavit praesens Parliamentum usque in Crastinum dimid horae ante septimam On Saturday the 29 th day of March to which day the Parliament had been last continued one Bill for continuance of divers Statutes was read tertia vice and sent to the House of Commons by D r Stanhope and M r Powle M r Doctor Carew in some other places also written Carie and M r Doctor Stanhop do bring from the Lords two Acts viz. the Act of the Queens most gracious general and free Pardon and also the Act of the two Subsidies and four Fifteenths granted by the Temporalty which they carried down to the House of Commons from whence the Bill of Pardon having there passed it was a little after sent back again unto their Lordships by M r Fortescue and others Nota That the sending of these two Bills is omitted in the Original Journal-Book of the Upper House and is therefore supplied out of that of the House of Commons The presence of such Lords as attended her Majesty who was her self this day at the Dissolving of the Parliament in Person is not much differing from that set down on Saturday the 8 th of February foregoing only the two Earls of Northumberland and Essex then absent attended this day as also the Lord Strange the Lord Morley the Lord Talbot the Lord Wentworth and the Lord de la Ware were at this time also present though not then Whereas the Lords Audeley and Cromwell then present were now absent and for the Spiritual Lords it appeareth not at all who were present These being thus set and the House of Commons with Serjeant Snagg their Speaker being let into the Upper House the said Speaker according to the usual form presenting her Majesty with the Bill of two Subsidies and four Fifteenths granted by the Temporalty desired her Highness graciously to accept thereof as the free testimony of the faithful and loyal respects of their Subjects and withal desiring her Majesty to give her gracious consent to such Acts as had been prepared and expedited by the two Houses After the passing of which Bills the Dissolution of the Parliament is Entred in the Original Journal-Book of the Upper House in manner and form following viz. Dominus Cancellarius ex mandato Dominae Reginae tunc praesentis dissolvit praesens Parliamentum It should seem that her Majesty gave her Royal Assent and that this Parliament was Dissolved this present Saturday the 29 th day of March in the Forenoon contrary to the usual course in such cases accustomed for it appeareth in all other Journals for the most part to have been deferred till the Afternoon and that this present Parliament was so Dissolved as aforesaid it appeareth plainly by the last continuance of it on Friday immediately foregoing to this day in the Forenoon half an hour before seven of the Clock to which early and unusual time of the day I suppose it was continued because all things might be better expedited against her Majesties coming THE JOURNAL OF THE House of COMMONS An Exact and perfect Journal of the Passages of the House of Commons 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. THIS Parliament was Summoned about three Months after Gods miraculous preservation of Religion the Realm and her Majesties Person from the ambitious and bloody Conquest of the Spanish King and therefore the House did not only regard their private business as the passing of Bills discussing Elections preserving their Priviledges and the like with which this Journal is abundantly stored but also the publick safety of her Majesty and her Realms by aiding her Highness with the unusual and extraordinary gift of four Fifteenths and Tenths and two entire Subsidies the Clergy also adding two Subsidies of their own and by desiring her also in the conclusion of this Parliament to denounce open War against the King of Spain who had so lately invaded her whom they concluded to have been the Root and Fountain of all the Conspiracies practised and of all the Rebellions raised against her Majesty Although this Parliament had been summoned to have begun and to have been holden on Tuesday the 12 th day of November last past yet it held not but was upon the said day in the thirtieth year of her Majesties Reign further Prorogued by her Majesties Writ unto Tuesday the 4 th day of February in the thirty first year of the same On which said Tuesday the 4 th day of February it held accordingly and her Majesty came in Person unto the Upper House where Sir Christopher Hatton being now Lord Chancellor in her Highness presence declared unto the Lords Spiritual and Temporal and to the Knights Citizens and Burgesses of the House of Commons then and there Assembled how great happiness they enjoyed under her Majesties peaceful and victorious Reign and that though the Spanish late Wonderful Fleet had been lately defeated yet there wanted not still power and malice in him against this Nation and her Majesty and so much the more implacable it may be conjectured he now remains because of his late defeature and loss before-mentioned And therefore he shewed that the cause of the calling of this Parliament was to provide by common Counsel against all his future attempts And lastly he gave notice to
ingrossing thereof and so the Bill upon the question and division of the House was passed by the yielding of the negative Voices without going through with telling of the whole numbers on both sides and was sent presently up to the Lords by Sir John Parrot and a little after two other Bills the one to avoid Horse-stealing and the other touching forcible Entries were likewise sent up to the Lords by Mr. Treasurer and others The Bill against such as steal and imbezel the Goods Chattels or Treasure of her Majesty being put in trust with the same was read the first time The Bill that Aliens Children shall pay Strangers Customs was read the third time and a Proviso added unto it thrice read the Bill and Proviso upon the question and division of the House dashed with the Yea sixty four and with the No seventy four Mr. Doctor Cary and Mr. Powle do bring from the Lords the Bill for relief of the City of Lincoln with an Addition of this word yearly added to their former Amendments for the explaining of the same Amendments All which Amendments being thrice read were upon the question assented unto by this House Nota That this Bill was brought down from the Lords to the House yesterday and therefore it should seem upon some doubts the House made touching their Lordships Amendments it was carried back again and those Amendments explained by the word above-mentioned and so being brought down again this day the said Amendments were thrice read and passed the House On Saturday the 29 th day of March Mr. Doctor Stanhop and Mr. Powle do bring from the Lords the Bill lately passed this House for continuation and perfecting of certain Statutes with a Schedule unto the same added and annexed by their Lordships and the same Schedule being thrice read passed upon the Question The Bill for the relief of the City of Lincoln being perfected according to the Amendments of the Lords and the Bill also for continuance of Statutes with the Schedule to the same were sent up to the Lords by the Master of the Wardrobe and others The Amendments of the Committees of this House to the Bill against excess of Apparel was denied upon the Question to be opened unto the House The Bill against such as steal or imbezel the Goods Chattels or Treasure of her Majesty was brought in again by Mr. Harris one of the Committees in the same as not to be sufficiently considered of for lack of time the same Bill consisting of many parts Mr. Serjeant Puckering and Mr. Serjeant Shuttleworth did bring word from the Lords that their Lordships do pray present Conference with some twenty or more of this House to meet with their Lordships in the nether room of the Upper House and the rest not to depart until the return of the same Committees Whereupon were appointed for that purpose all the Privy Council of this House Sir William Hatton Mr. Wroth Mr. North Mr. Lieutenant of the Tower Mr. Wade Mr. Mills Mr. Juers Mr. Henry Grey Sir Edward Dymock Mr. Robert Bowes Mr. Harris Mr. Heydon Mr. Francis Moore Sir George Barne Mr. Robert Cecill Mr. Shirley Mr. Dyer Mr. Hare Mr. Ralph Bowes Sir Francis Hinde Mr. Preston Mr. White Mr. Hill Mr. Henry Brooke and the Master of the Jewel-House Mr. Treasurer in the name of the rest of the Committees did bring word from the Lords that their Lordships have had Conference amongst themselves of the great practices and Treasons heretofore intended against her Majesties Person State and Kingdom And therefore ..... What should here follow is wholly omitted by the great negligence of Mr. Fulk Onslow at this time Clerk of the House of Commons as also the Speeches of Mr. Vice-Chamberlain of Mr. Secretary Wolley of Sir John Parrot Mr. Comptroller and of Mr. Fortescue for the inserting of which said Speeches there is left a blank of near upon two whole Pages and yet it may be probably gathered what the scope and end of all the said several and respective Speeches were out of a question following which Mr. Speaker propounded at the end of them viz. That seeing most of all those Treasons which had been practised against her Majesty had been either Plotted in Spain or procured by Spain and all the Rebellions during her Highness Reign raised either in England or Ireland had been countenanced from thence to which as the upshot of all that his late intended ambitious and blood-thirsty Conquest yet fresh in memory may be added That therefore her Majesty would be pleased to denounce open War against him the said King of Spain as against a most dangerous Enemy of her Majesty and her Realms Upon the said Speeches Mr. Speaker maketh the question and thereupon it was resolved by the whole House for joining with their Lordships in request to her Majesty to be delivered by the Mouth of Mr. Speaker for concurring with their Lordships for denouncing of War against the King of Spain at the time of his going up with the Subsidy and after the offer and delivery of the same Subsidy Mr. Doctor Cary and Mr. Doctor Stanhop did bring from the Lords two Bills viz. The Act of the Queens Majesties most gracious and free Pardon and also the Act of four Fifteenths and Tenths and two Subsidies which had before passed this House The Bill of the Queens Majesties most general and free Pardon being once read passed thereupon Which said Bill so passed was presently sent up to the Lords by M r Fortescue and others Nota That this is all which is found in the Original Journal-Book of the House of Commons and therefore the Conclusion and Dissolution of this Parliament next ensuing are supplied out of that of the Upper House Her Majesty being as it should seem this very Forenoon come unto the Upper House and there set the House of Commons having notice thereof with Serjeant Snagg their Speaker repaired thither who after his delivery of the Bill of Subsidy did move her Majesty as may be very probably conjectured according to the former resolution had this day in the said House as aforesaid that her Majesty would be pleased to denounce open War against the Spanish King who had so lately threatned destruction to her Majesty and her Realms by that his not long since open and Hostile Invasion After which her Majesty having given her Royal Assent unto the passing of sixteen publick Acts and eight private Acts being all the Statutes that passed this Parliament Sir Christopher Hatton Knight Lord Chancellor by her Majesties Commandment Dissolved the same THE JOURNAL OF THE House of LORDS An Exact and perfect Journal of the Passages of the House of Lords in the Parliament holden at Westminster Anno 35 Reginae Eliz. Anno Domini 1592. which began there on Monday the 19 th Day of February and then and there continued until the Dissolution thereof on Tuesday the 10 th Day of April Anno Domini 1593. THERE is little extraordinary in
Souldiers as shall be found to have most need thereof The like whereof the Commons Assembled in this Parliament have Ordered For all the Members of that House that are absent and have not paid are to contribute in double manner Which Order is thought very just considering the Lords and others who have been absent and have been at no charge to come up and give their Attendance may very reasonably and with a great saving to their Charges contribute to this Order And if any Lord Spiritual or Temporal shall refuse or forbear thus to do which is hoped in Honour none will do there shall be ordinary means used to levy the same On Friday the 6 th day of April to which day the Parliament had been last continued four Bills of no great moment had each of them one reading of which the second being the Bill for avoiding deceits used in sale of twice laid Cordage for the better preservation of the Navy of this Realm was read tertia vice conclusa Eight Bills were sent up to the Lords from the House of Commons of which the last was the Bill to make void the Spiritual Livings of those that have forsaken the Realm and do cleave to the Pope and his Religion On Saturday the 7 th day of April Two Bills of no great moment had each of them one reading of which the first being the Bill for rating of the Wages of Spinners and Weavers and to reform the falsities of Regrators of Woollen Yarn was read primâ vice On Monday the 9 th day of April to which day the Parliament had been last continued three Bills were each of them read secundà tertiâ vice and so expedited of which the second was the Bill for the bringing of fresh Water to the Town of Stonehouse in the County of Devon Eight Bills also this Morning were sent up to the Lords from the House of Commons of which the first being the Bill for the Naturalizing of Justice Dormer and George Sheppy being born beyond the Seas of English Parents and to put them in the nature of meer English was read primâ secundâ vice But it doth not appear whether this Bill were committed or no which did not only happen in this place by the negligence of M r Anthony Mason at this time Clerk of the Upper House but also through the whole Original Journal Book of the said House this Parliament in all which although divers Bills are said to be read the second time yet it is not at all expressed whether they were thereupon Ordered to be ingrossed or further to be considered of by some select Committees of the House one of which of necessity must be put in Execution upon the said second reading of a Bill both in the Upper House and that of the House of Commons unless the Bill have its third reading also at the same time and pass the House or else be dasht upon the question and so cast out of it This Morning finally Whereas a Bill Intituled An Act touching Power and Liberty to repeal certain uses of a Deed Tripartite herein mentioned of and in certain Lands Mannors and Tenements of Anthony Cooke of Romford in the County of Essex Esquire hath been heretofore three times read and assented unto by the Lords in the which Bill there is no Saving to the Queens Majesty or any other person or persons of their lawful Estates or Titles This day there was a Saving drawn for her Majesty and all others which was offered to this House and some question and ambiguity did grow whether the Saving should be now added to the Bill And in the end it was resolved that the Saving should be added to the Bill for that it is usual and requisite to have some Saving in every Bill and for that there was nothing in the Saving contrary to any matter in the Bill and that her Majesties Right and all other be saved thereby Nevertheless upon weighty considerations the Lords have Ordered that this shall not hereafter be drawn to make any Precedent On Tuesday the 10 th day of April in the Morning were two Bills read of which the second being the Bill for the Queens most gracious and general free Pardon was read primâ vice and so passed upon the question Nota That the Bill or Act for the Queens general Pardon passeth each House upon the first reading Whereas other Bills cannot be expedited without being read three times both by the Lords and the Commons The Queens Majesty came not till the Afternoon and therefore in this place through the negligence of the Clerk the continuing of the Parliament until some hour in the Afternoon is omitted which should have been inserted in these words viz. Dominus Custos magni Sigilli continnavit praesens Parliamentum usque in horam c. à Meridie Between five and six of the Clock in the Afternoon this present Tuesday being the tenth day of April the Queens Majesty accompanied with her Officers and daily Attendants came to the Upper House and as soon as her Majesty with the Lords Spiritual and Temporal and the rest that have place there were set the Knights Citizens and Burgesses of the House of Commons having notice thereof came up with their Speaker bringing with them the Bill of Subsidy The said Speaker being placed at the Bar at the lower end of the Upper House and as many of the House of Commons as could conveniently being let in after Humble Reverence done to her Majesty spake as followeth THE High Court of Parliament most High and Mighty Prince is the greatest and most ancient Court within this your Realm For before the Conquest in the High places of the West-Saxons we read of a Parliament holden and since the Conquest they have been holden by all your Noble Predecessors Kings of England In the time of the West-Saxons a Parliament was holden by the Noble King Ina by these words I Ina King of the West-Saxons have caused all my Fatherhood Aldermen and wisest Commons with the Godly men of my Kingdom to consult of weighty matters c. Which words do plainly shew all the parts of this High Court still observed to this day For by King Ina is your Majesties most Royal Person represented The Fatherhood in Ancient time were these which we call Bishops and still we call them Reverend Fathers an Ancient and chief part of our State By Aldermen were meant your Noblemen For so honourable was the word Alderman in Ancient time that the Nobility only were called Aldermen By Wisest Commons is meant and signified Knights and Burgesses and so is your Majesties Writ de discretioribus magis sufficientibus By Godliest men is meant your Convocation-House It consisteth of such as are devoted to Religion And as Godliest men do consult of weightest matters so is your Highness Writ at this day pro quibusdam arduis urgentibus negotiis nos Statum defensionem Regni nostri
themselves consider of the Subsidy without joining These following spake for the Subsidy especially inforcing the necessity of it Sir William Moore shewed first That her Majesty had more Cause to have the Subsidy than had H. 8. E. 6. or Queen Mary for H. 8. his Wars continued not though they were violent for the time His Wars were impulsive and not defensive He had the suppression of all the Abbies a matter of great riches unto him He had a Benevolence and then a Subsidy paid within three Months Edw. 6. had Chantries and all the Church Plate for relief paid him Queen Mary had a relief paid her which she never repaid But her Majesty that now is hath been a continual defence of her own Realm and her Neighbours Kingdoms England Ireland France and the Low Countries yet hath she repaid the Loans and had not such helps Sir George Carey said I speak for the Subsidy first answering one that had said we must regard them and their Estates for whom we be here saying he regarded and came for them as was meet and they will more thank us for taking somewhat from them than if we should abandon them and leave them and all that they have to the spoil of the Enemy which will be if with Forces we provide not to withstand them For eminent dangers hang over our heads and are intended to us this Summer The Spaniard already hath sent seven thousand Pistolets of Gold into Scotland to corrupt the Nobility and to the King twenty thousand Crowns now lately were dispatched out of France into Scotland for the Levying of three thousand which the Scottish Lords have promised and the King of Spain will Levy thirty thousand more and give them all Pay Her Majesty is determined to send Sir Francis Drake to Sea to encounter them with a great Navy Wherefore this our danger is to be prevented and those her Majesties infinite Charges by us to be supplied Sir Walter Raleigh spake for the Subsidy not only as he protested to please the Queen to whom he was infinitely bound above his deserts but for the necessity he both saw and knew He very well discovered the great strength of the King of Spain And to shew his Mightiness he told how he possessed all the World As also that his malice and ill purpose was evident to this Realm he shewed how on every side he had beleaguered us In Denmark the King being young he had corrupted the Council and Nobility so as he was very like to speed himself of shipping from thence In the Marine Towns of the Low Countries and in Norway he laid in great store of shipping In France he had the Parliament Towns at his Command In Brittany he had all the best Havens And in Scotland he had so corrupted the Nobility that he had promised them Forces to re-establish Papistry That they were ready to joyn with any Foreign Forces that would make them strong to be by themselves and to resist others For as he thought there were not six Gentlemen of that Country of one Religion In his own Country there is all possible repairing and he is coming with sixty Gallies besides other Shipping with purpose to annoy us We must then have no Ships if he invade us riding at Anchor all will be little enough to withstand him At his coming he fully determineth to get Plymouth or at least to possess some of the Havens this Summer within our Land And Plymouth is a place of most danger for no Ordnance can be carried thither to remove him the passages will not give leave Now the way to defeat him is this to send a Royal Army to supplant him in Brittany and to possess our selves there And to send a strong Navy to Sea and to lye with it upon the Cape and such places as his Ships bring his Riches to that they may set upon all that come This we are able to do and undoubtedly with fortunate success if we undertake it Thus far out of the aforesaid Anonymous Journal That which next follows is out of the Original Journal-Book it self On Saturday the third day of March Sir Henry Knivett entred into a discourse touching the priviledge of this House of ancient time used and accustomed for the conventing of any person into this Court thinking for his Opinion that M r Fitzherbert is rather to be called to appear in this House by the Serjeants Mace of this House than by any Writ of the Chancery And so entring into a recital of George Ferrers his Case was put in remembrance by M r Speaker that the manner for the bringing in of the said M r Fitzherbert had received the Order of this House yesterday and was therefore now neither to be recalled nor further treated of by this House till the appearance of the said M r Fitzherbert be first here made in this House according to the said former Order for the same Sir Robert Cecill one of the Committees for the framing of an Answer of this House to be made to the motion of the Lords concerning the Subsidy did meet yesterday in the Afternoon and having had much speech and many Arguments did not as then conclude or resolve of any form of Answer at all for that sundry of the same Committees then seemed diversly to conceive of the substance of the matter delivered to them in Charge by this House some conceiving it to tend only to the Consideration of the said Note read by the said M r Francis Bacon and no further and some again that their Commission was to treat generally of such a form of Answer unto the said Motion as the more part of the same Committees should think fittest and the same afterwards to be reported to this House and referred further to the consideration of this House to be liked of or not liked of at their pleasure And shewed further that he and the residue of the said Committees had met together again this Morning and that the most part of the said Committees had for their parts yielded to grant Conference with the Lords if this House should so think good and had appointed him to signify the same unto this House in the name of the said most part of the said Committees which he said he had now done according to their charge which they had imposed upon him And so referring his said report to the censure of the residue of the more part of the said Committees he ended his Speech M r Wroth one other of the said Committees not any way excepting to any part of the said Report made by the said Sir Robert Cecill so as before resolved by the more part of the said Committees for yielding of Conference unto the Lords shewed that he for his own part being also one of the said Committees did not at that time give his assent neither yet now doth that any Conference should be had with the Lords in the said Case for that in his opinion
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
sent to the House of Commons by M r Attorney and M r D r Carew The Bill for the relief of the poor in times of extream dearth of Corn was read secunda vice and referr'd to these Committees following viz. The Lord Archbishop of Canterbury the Lord Burleigh Lord Treasurer the Earl of Nottingham Lord Admiral of England the Earl of Northumberland the Earl of Shrewsbury the Earl of Worcester the Earl of Southampton the Bishop of Winchester the Bishop of Coventry and Litchfield the Bishop of Hereford the Bishop of Bath and Wells the Bishop of Norwich the Bishop of Chester the Lord Hunsdon Lord Chamberlain the Lord Zouch the Lord De la Ware the Lord Cobham the Lord Mountjoy the Lord Darcy the Lord Windsor the Lord North the Lord Chandois the Lord S t John the Lord Buckhurst The two Chief Justices the Lord Chief Baron M r Justice Gaudy M r Serjeant Drew and M r Attorney General to attend the Lords Vide plus antea November 7 th Monday These Committees to meet at the little Council Chamber at the Court of Whitehall on Saturday next being the 10 th day of this instant December at two of the Clock in the Afternoon The Bill for erecting of Houses of Correction and for punishment of Rogues Vagabonds and Sturdy Beggars was read secunda vice and referr'd to the Committees for the former Bill and the same time and place appointed for meeting And also Authority was given to the said Committees to call such of the House of Commons unto them at this meeting as they should find cause to confer withal for the better perfecting of the Bill Three Bills also of no great moment had each of them one reading of which the last being the Bill for Arthur Hatch her Majesties Ward for the enjoying the Rectory or Parsonage of South Molton according to an Agreement thereof had c. was read secundâ vice Upon which reading it was Ordered that all parties whom this Bill may concern either on the part of M r Hatch or against him shall be heard openly in the House upon Monday next the 12 th day of this instant December by their Councel Learned and all specialties concerning the same to be then produced to the end it may be considered whether it shall be convenient to pass this Bill or no M r Serjeant Drew and M r Attorney being appointed by the Lords to inform themselves against that time whether any thing be contained in the Bill that may prejudice the poor Knights of Windsor and to make Report thereof accordingly on the part of the said poor Knights Vide December 12 th postea The Bill lastly for the establishing of the Possession of Sir Henry Unton Knight lately deceased and for payment of his Debts was read secunda vice A Motion was made by some of the Lords and approved by the House that there should be respite of some days taken before the third reading for any such Party or Parties as the Bill concerneth and namely any of the Wentworths to come to the House and alledge if they find cause why the Bill should not proceed And the next Tuesday was assigned for this purpose 〈◊〉 〈◊〉 the Knight Marshal's Man that arrested John York the Lord Archbishops Servant was brought before the Lords this day by the Serjeant at Armes and being found upon his Examination before the Lords to have wilfully offended therein against the priviledge of the House was committed to the Prison of the Fleet there to remain till their Lordships should give direction for his enlargement Vide concerning this matter on Wednesday the 14 th day of this instant December following On Friday the 9 th day of December Four Bills of no great moment had each of them one reading of which the first being the Bill for establishing of the Hospital of Queen Elizabeth in Bristol and for relief of the Orphans and Poor there was read secundâ vice upon the reading whereof some Amendments were thought sit by the House to be added which were presently drawn and agreed upon by the same House which being twice read the Bill with the said Amendments were Ordered to be ingrossed Seven Bills were brought up to the Lords from the House of Commons of which the first being the Bill that the Lord Mountjoy may dispose of his Lands whereof he is Tenant in Tail by the Laws and Statutes of this Realm as other Tenants in Tail may do a private Statute made 27 Hen. 8. to the contrary notwithstanding was with three other of the said Bills being of no great moment read primâ vice The fifth was the Bill for repairing the Bridges of Newport and Carlioll in the County of Monmouth The sixth was for the establishing the Town Lands of Wanting in the County of Berks which Bill was returned with allowance of the Proviso so added by their Lordships after the same was presented by the House of Commons And the seventh and last was the Bill for the establishment of the new Colledge of the poor at Cobham in the County of Kent which was returned into the House without any Alteration On Saturday the 10 th day of December Three Bills of no great moment were each of them read tertiâ vice of which the first being the Bill for the erecting of Hospitals or abiding and working Houses for the Poor with another Bill of no great consequence which had been formerly sent up from the House of Commons to their Lordships were now with some Amendments sent down again from them to the said Commons by Serjeant Drew and Doctor Stanhop The Bill Entituled An Act against Forestallers Regraters and Engrossers was returned into the House by the Committees who were appointed on Monday the 15 th day of this instant December foregoing although their names and the Commitment of the said Bill upon the second reading be there omitted as a matter of small consequence with some Amendments which were twice read and Ordered to be ingrossed Three Bills of no great moment had each of them one reading of which the first being the Bill that the Lord Mountjoy may dispose of his Lands as other Tenants in Tail by the Laws and Statutes of this Realm may do a private Statute made An. 27 H. 8. to the contrary notwithstanding was secunda vice lect Upon the Motion of the Lord Marquess of Winchester It was Ordered that the Cause should be heard openly in the House upon Monday Morning next by the Learned Councel on both sides Vide Decemb. 12. sequen Three Bills also of no great moment were sent up to the Lords from the House of Commons of which the first was the Bill for the better and safer recording of Fines to be levied in the Court of Common Pleas and was returned and allowed by the said House of Commons without any Alteration On Monday the 12 th day of December to which day the Parliament had been last continued on Saturday foregoing a Motion and request was
Serjeant Harris and Serjeant Heyle were added unto them M r Simnell one of the Committees in the Committee touching the abuses for Licences for Mariages without Banes appointed on Friday the 11. day of this instant November foregoing shewed that the Committees have met together but did not conclude of any thing by reason that it was doubtful whether they were to treat of that matter only or else both of the same and also touching the stealing away of Mens Children without assent of their Parents and touching the abuses in the Probates of Testaments and Processes ex Officio by Ecclesiastical Officers in matters of the same being before several propounded at the Motion of sundry Members of this House Sir John Fortescue Chancellor of the Exchequer shewed that her Majesty did yesterday last call Mr. Secretary and himself unto her and telling them that her Highness had been informed of the horrible and great incestuous Marriages discovered in this House and minding due punishment and redress of the same commanded them to take information of the grievances in particular of the Members of this House that her Highness having certain notice thereof may thereupon give order for the due punishment and redress accordingly Whereupon after sundry other Speeches tending to sundry courses but yet most of them very well liking and approving the said Message delivered to this House therein from her Majesty by the said Mr. Chancellor it was in the end resolved that the former Committees who were appointed on Friday the 11 th day of this instant November foregoing to draw a Bill for reformation of abuses occasioned by Licences granted for Marriages without Banes asking should meet this Afternoon in the Exchequer Court at two of the Clock for that purpose and that Sir Thomas Cecill Sir Francis Hastings Sir Robert Wroth Sir Edward Hobby Mr. Robert Wingfield Mr. Fulk Grevill Mr. Nathaniel Bacon Mr. Symnell Mr. George Moore Mr. Francis Bacon Mr. Francis Goodwyn Sir Edward Hastings Sir Henry Worth Sir Anthony Cope Sir William Moore Mr. Hexte Sir John Sudmore Mr. Finch and Mr. Francis Moore should receive Informations of the grievances touching Ecclesiastical Causes this day moved in the House and should meet to that purpose upon Friday next at two of the Clock in the Afternoon in the Exchequer Chamber Vide Nov. 16. M r Francis Bacon one of the selected Committees concerning Inclosures and Tillage moved for a time to be appointed for the same selected Committees to impart their travels therein to the general Committees who were appointed in the same Cause upon Saturday the 5 th day of this instant November foregoing to the end that thereupon the same may afterwards be reported unto this House accordingly Whereupon it was Ordered that they should for that purpose meet in this House to Morrow next at two of the Clock in the Afternoon M r Francis Moore one of the Committees in the Bill against Forestallers Regrators and Ingrossers c. shewed the meeting of the Committees in that Bill and some Amendments by them made in the same and so delivereth in the same Bill so amended The Bill for repressing of Robberies and touching Huy and Cry was read the second time and upon the question for Commitment was denied to be committed and upon another question for the ingrossing was denied to be ingrossed and so rejected On Tuesday the 15 th day of November Five Bills of no great moment had each of them one reading of which the first being the Bill for extirpation of Beggars was read the first time Sir Robert Wroth one of the Committees in the Bill for Repeal of the Statute of the 23 d year of the Queen Intituled An Act for encrease of Mariners and for maintenance of Navigation who were appointed on Thursday the 10 th day of this instant November foregoing brought in the Bill with some Amendments made by the Committees which Amendments being twice read in the House the Bill was afterwards and after some Speeches against the Bill Ordered to be ingrossed upon the question M r Serjeant Drew and M r D r Stanhop do bring from the Lords the Bill lately passed in this House for the taking away of Clergy from Offendors against the Statute made 3 Henr. 7. concerning the taking away of Women against their Wills unlawfully which Bill their Lordships have also passed with a Proviso thereunto annext The Bill concerning the establishing of the Town-Lands of Wanting in the County of Berks was read the third time and passed upon the question M r Chancellor of the Exchequer putting the House in remembrance of the Speech delivered unto this House by the Lord Keeper upon the first day of this present Parliament by her Majesties direction touching the Causes of her Highnesses calling of this Parliament and shewing at large her Majesties great and excessive Charges sustained for the defence of her Highnesses Realms and Dominions against the force of the King of Spain amounting to more than a treble value of the last three Subsidies and six Fifteenths and Tenths granted unto her in the last Parliament and declaring further the great necessity of some Mass of Treasure to be provided towards the supply of her Highness Charges in the continuation of the maintenance of her Majesties Forces in defence of her Highness Realms Dominions and Subjects against the Forces and Invasions of the said King of Spain and further referring the particularities of the designs and attempts of the said King of Spain since the last Parliament to be reported unto this House by M r Secretary moved for a selected Committee of this House to be nominated to treat and consult concerning that matter M r Secretary Cecill shewed at large the purposes practices and attempts of the said King of Spain against her Majesty and her Realms Dominions and Subjects in divers sorts and at sundry times together with his great overthrows in the same by the mighty hand of God and of her Highnesses Forces to his perpetual ignominy and great dishonour throughout the whole World And so after a large discourse most excellently delivered by him concluded with a Motion for proceeding to the said Committees Whereupon some Speeches being had to that end by Sir Edward Hobby and Mr. Francis Bacon It was agreed that all the Privy-Council being Members of this House all the Knights returned for the Counties into this present Parliament and all Citizens for Cities returned into this House should meet about the said business on Friday next at two of the Clock in the Afternoon in this House and any other of this House then to come to them also at their pleasures that will Vide plus on Wednesday the 7 th day of December following On Wednesday the 16 th day of November Four Bills had each of them one reading of which the last being the Bill for the Town of Northampton was upon the second reading committed unto the Knights for the County of Northampton and the Burgesses for the
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
the Clock in the Afternoon M r Symnell one of the Committees in the Bill touching M r Markham shewed the mind of the Committees to be and also delivered sundry reasons that it is a Bill fit to rest and not to be any further dealt in by this House The Bill that Sir Anthony Mayney Knight and Anthony Mayney his Son may be enabled to dispose of his Lands c. was upon the second reading committed unto Sir Robert Wroth Sir Edward Hobbie Sir George Moore Sir William Wray Sir Moyle Finch Sir Michaell Sandes and others who were appointed to meet to Morrow in the Afternoon in the Middle-Temple Hall at two of the Clock The Bill to reform the abuse of Taintering Cloth was read the second time and upon the question Ordered not to be committed and upon another question rejected The Bill of Monopolies was read to which M r Spicer spake and said M r Speaker I think it were good this Bill were committed I am no Apostate but I stick to the former faith and opinion that I was of that by way of Petition will be our safest course for it is to no purpose to offer to tie her hands by Act of Parliament when she may loosen her self at her pleasure I think it were a Course nec gratum nec tutum And therefore the best way is to have a Committee to consider what course shall be proceeded in for I doubt not but we be all agreed of the reformation though not of the manner M r Davies said God hath given that power to absolute Princes which he attributeth to himself Dixi quod Dii estis And as Attributes unto them he hath given Majesty Justice and Mercy Majesty in respect of the Honour that the Subject sheweth to his Prince Justice in respect he can do no wrong therefore the Law is 1 Hen. 7. that the King cannot commit a disseizin Mercy in respect he giveth leave to Subjects to right themselves by Law And therefore in 43 Assis. an Indictment was brought against Bakers and Brewers for that by colour of Licence they had broken the Assize wherefore according to that Precedent I think it most fit to proceed by Bill not by Petition M r Secretary Cecill said if there had not been some mistaking or some confusion in the Committee I would not now have spoken The question was of the most convenient way to reform these grievances of Monopoly But after disputation of the labour we have not received the expected fruit If every man shall take leave to speak for the common Subject I am afraid in these vast powers of our mind we shall dispute the project and reformation quite out of doors This dispute draws two great things in question First the Princes power Secondly the freedom of Englishmen I am born an Englishman and am a Fellow-Member of this House I would desire to live no day in which I should detract from either I am servant unto the Queen and before I would speak or give consent to a Case that should debase her Prerogative or abridge it I would wish my tongue cut out of my head I am sure there were Law-makers before there were Laws One Gentleman went about to possess us with the Execution of the Law in an Antient Record of 5 o or 7 o Edwardi 3. Likely enough to be true in that time when the King was afraid of the Subject Though this Precedent be a substance yet it is not the whole substance of the Parliament For in former times all sate together as well King as Subject and then it was no prejudice to his Prerogative to have such a Monopoly examined If you stand upon Law and dispute of the Prerogative heark ye what Bracton saith Praerogativam Nostram nemo audeat disputare And for my own part I like not these courses should be taken And you M r Speaker should perform the charge her Majesty gave unto you in the beginning of this Parliament not to receive Bills of this nature for her Majesties ears be open to all grievances and her hand stretcht out to every mans Petitions For the matter of access I like it well so it be first moved and the way prepared I had rather all the Patents were destroyed than her Majesty should lose the hearts of so many Subjects as is pretended I will tell you what I think of these Monopolies I take them to be of three natures some of a free nature and good some void of themselves some both good and void For the first when the Prince dispenses with a penal Law that is left to the alteration of Sovereignty I think it powerful and irrevocable For the second as to grant that which taketh from the Subject his Birthright such men as desire these kind of Patents I account them misdoers and wilful and wicked offenders Of the third sort is the Licence for the matter of Cards c. And therefore I think it were fit to have a new Commitment to consider what her Majesty may grant what not what course we shall take and upon what points M r Doctor Stanhop and D r Hone were sent from the Lords with a Bill intituled An Act for the Uniting of Eye and Dunsden to the Mannor of Sunning M r Mountague said I am loth to speak what I know lest perhaps I should displease The Prerogative Royal is that which is now in question and which the Laws of the Land have ever allowed and maintained Then my motion shall be but this That we may be Suitors unto her Majesty that the Patentees shall have no other remedies than by the Laws of the Realm they may have and that our Act may be accordingly M r Martin said I think the Common grievance and the Queens Prerogative have inspired this Gentleman that last spake whom for reverence sake I must needs name M r Mountague to make that motion which he hath done And because the House seems greatly to applaud it may it please you M r Speaker to put it to the question whether that shall be determined of at the Committee Now the Committees were all the Privy Council being Members of this House and the Queens Learned Councel Members likewise of this House all the Knights of the Shires Sir George Moore M r D r Bennet M r Hide M r Winch Sir Charles Cavendish Sir Percival Hart M r Thinn Mr. Downhalt Mr. Martm and divers others together with the Knights and Citizens for London the Barons of the Ports M r Lieutenant of the Tower and M r Doctor Caesar who were appointed to meet this Afternoon in this House at two of the Clock to have Conference and to agree upon some course to be taken touching Patents of Priviledges and to report unto this House of their resolutions therein accordingly The Bill against Pluralities of Benefices had its first reading All the Bills committed touching Cloths are appointed to be dealt in to Morrow in the Afternoon in the Middle-Temple Hall M
Fretchvill the Knights for Norfolk M r John Hare and others who were appointed to meet in the Exchequer Chamber at two of the Clock in the Afternoon Sir Francis Hastings offered a new Bill touching resorting to the Church on Sunday and prayed the acceptance thereof and the reading The Bill for the more diligent resorting to the Church on Sunday had its first reading Thus far of the Passages of this day out of the Original Journal-Book of the House of Commons the residue is out of the private Journal The Speaker stood up and wisht the House to advise what they would do with the Prisoners that served Sir Edmund Morgan and M r Pemerton with Subpoena's and shewed that they were ready at the Door to attend M r Tate said I will be bold to offer two Precedents to this House touching serving of Subpoena's yet first let us enter into consideration of the force of the Priviledges we now have It is manifest and I think no man doubteth but that heretofore the Houses of Parliament were both one without division and that the United Body of the Parliament had the same Priviledges and Jurisdictions which we now have And though there be Session or separation of the United Body yet the Priviledges do remain still entire For by most antient Records of this Realm it may plainly appear that the same Priviledges serve both Houses The first Precedent is in King Edward the first his dayes when the Templers had certain Tenants of the Parliament House which were behind with their Rents and they made humble Petition to the King that they might either distrain their Bodies or Goods for the same The King as it appeareth Answered Non videtur honestum quòd aliquis de Magno Parliamento nostro distringatur So that it seems we are Priviledged from all kind of distress whatsoever The second is one Pogo de Clare who did presume to serve a Citation upon Edmond Earl of Cornwall within Westminster-Hall as he was going to the Parliament House for which he was sent to the Tower and made to submit himself de alto basso and a Fine of twenty thousand Marks imposed upon him which he truly paid Besides because Westminster-Hall was within the Precinct Liberties of the Abbot of Westminster he was Fined a thousand pound for that contempt But by Mediation of the Bishop it was remitted to a hundred pound which he also truly paid to the Abbot And our use at this day is not warranted by antient course of Precedents for if a man had been Arrested upon a Subpoena upon notice given he should have had a Writ of Priviledge which of course her Majesty must have allowed Then he made a long Speech upon Trewinnard and Skewish's Case 35 Hen. 8. Dyer fol. 55. Pl. 8. 36 H. 8. 59. Pl. 17 c. See the Book at large M r Bretten shewed that a Member of this House M r Philips the Lawyer was served with a Privy-Seal out of the Court of Wards by one Thomas Deane Servant to one M rs Chamberlain a Widow who when he delivered the Process being told it would be taken in evil part by the House said he cared not and that the House would punish him for it and bring him on his Knees he Answered his Mistress would 〈◊〉 him out and she made no doubt but she should find as good Friends there as he had Whereupon the House willed that she and her Servant should be sent for by the Serjeant M r Holcrost shewed the House that many Complaints were made but none punished many sent for but none appeared There was a matter Complained of by one M r Morrice a Gentleman that had his Man Arrested at his Heels by the Sheriffs of Shrewsbury and nothing was done therein M r Morrice said that after the House had given Order to the Serjeant to go he came said he unto me to certifie him of the Parties and of the particulars And what he hath since done therein I know not M r Roger Owen said May it please you M r Speaker my self being chosen for the Shire think it my part to speak something seeing the Burgesses for the Town neglect their duties in not speaking True it is that such Order was given from the House but the Gentleman M r Morrice and some others being willing to let me have the Examination of the matter came before me and upon Examination a wise Examination no doubt quoth M r Secretary I sound that he was no menial Servant but only a Servant that brought him part of the way and was to go no further with him towards the Parliament Whereupon I think the Serjeant having so much notice stayed M r Browne of Grayes-Inn said M r Speaker it seemeth this matter is shufled up I humbly pray the Serjeant may be heard And all the House cryed I I. After three Congies made the Serjeant shewed that he was with M r Morrice and that he offered him to send one of his men but because he was in doubt of finding them he desired some part of his Fees or money for his charges or Horses or else he would find Horses or get one of his fellow Serjeants to go because he could not well be spared from this Service if not he would for his more Expedition procure a Pursevant to go with a Warrant under M r Speaker's hand and some of the Honourable of the Councel in this House for the more speedy Passage All which courses M r Morrice rejected And I hope the House meant not I should go or send on my own Purse or hazard the charge my self And therefore I hope this will be sufficient for my discharge And all the House cryed I I I. So no more was said of that matter for the Speaker seemed to favour the cause and therefore he presently stood up and asked if the House would have the Prisoners in which served Sir Edmund Morgan and M r Pemerton and by this shift the former matter was shufled up Christopher Kennell and William Mackerells were brought to the Bar the one for serving Sir Edmund Morgan with a Subpoena the other with serving Mr. Pemerton with the like Writ Christopher Kennell said M r Speaker and the rest of this Honourable House I am though poor a Gentleman born and known to many in this Assembly This perhaps may be a cause to aggravate my offence I hope there is no man that doth not know me and I am sure there is no man which doth know me but thinketh I would not willfully commit such an offence as this is I have been sometimes though unworthy a Member of this House and I have seen and known the Justice of the House in the like Cases But M r Speaker if there be either honesty or Christianity in me by the same I do protest that I knew not Sir Edmund Morgan was of this House of Parliament which I think he will avouch himself And as soon as I heard it
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
had by the House of Commons and delivered by M r Secretary accompanied with many others for a Conference to be had concerning the Bill intituled An Act concerning Tellors Receivors c. Whereupon the House nominated the Lord Burleigh Lord Treasurer the Earl of Nottingham Lord Admiral and divers other Lords both Earls Bishops and Barons as Committees to confer with such a number of the House of Commons as should confer with the Lords touching the said Bill The Lord Chief Justice of England the Lord Chief Justice of the Common Pleas the Lord Chief Baron M r Serjeant Drew and M r Attorney being appointed to attend the Lords and the meeting to be at the great Councel Table at the Court at Whitehal to Morrow being the 13 th day of this instant December at two of the Clock in the Afternoon Two Bills of no great moment had each of them one reading of which the first concerning Stains Bridge was read tertiâ vice expedit The Councel on both parties viz. for Arthur Hatch on the one part and of the Dean and Chapter of Windsor of the other were admitted to publick hearing in the House And thereupon the Bill of Arthur Hatch was referred to Committees being Peers and Members of the House and the Lord Chief Justice of England and M r Attorney to attend their Lordships Vide concerning this matter on Thursday the 8 th day of this instant December foregoing The Councel on both parts for the Lord Marquess of Minchester on the one part and the Lord Wountjoy of the other were admitted to publick hearing in the House And thereupon no just cause to hinder or stay the proceeding of the Bill appearing the same was commanded to be read the third time and so was expedited Vide touching this business on Saturday the 10 th day of this instant December foregoing The Committees upon the Bill to enable the owners of Gavelkind Lands in the County of Kent to alter the said Custom who were appointed on Saturday the 10 th day of this instant December foregoing although their names and the Commitment of the said Bill upon the second reading be there purposely omitted as matter of small consequence returned the same to the House without alteration On Tuesday the 13 th day of December Three Bills of no great moment had each of them one reading of which the first being the Bill for enabling of Edmund Mollineux Esquire to sell Lands for the payment of his Debts and Legacies was read secunda vice and committed unto the Earl of Shrewsbury and others and M r Justice Gaudie and M r Serjeant Crew to attend their Lordships Which Committees were Ordered to meet at the Earl of Lincolns House in Cannon Row on Thursday next by two of the Clock in the Afternoon Two Bills were sent up to the Lords from the House of Commons of which the second being the Bill for relief of the poor was read primâ vice Four Bills also of no great moment had each of them one reading of which the first being the Bill against Forestallers Regraters and Ingrossers was read tertiâ vice and sent down to the House of Commons by M r Serjeant Drew and M r Doctor Stanhop for their consideration of some Amendments The Bill giving power and liberty to Sir John Spencer Knight Mary his Wife and Robert Spencer Esquire their Son to alienate certain Mannors and Lands in the County of Dorset and Bedford was read secunda vice And thereupon two Letters from the Lady Spencer to the Lord Chamberlain were read in the House signifying her pleasure and consent to the Bill The Bill for explanation of the Statute made in the 5 th year of her Majesties Reign concerning Labourers was read secundâ vice And a motion being made in the House for some Amendent of the Bill the Amendment was presently agreed on in the said House On Wednesday the 14 th day of December Three Bills of no great moment had each of them one reading of which the first being the Bill for explanation of the Statute made in the 5 th year of her Majesties Reign concerning Labourers was read tertiâ vice and thereupon was sent down to the House of Commons from whence it had been formerly brought up to their Lordships with some Amendments added thereunto by M r Attorney and D r Stanhop The Bill for the grant of three Subsidies and six Fifteenths and Tenths was brought up to the Lords from the House of Commons by M r Comptroller and others This day Order was given for the release of M r Wood out of the prison of the Fleet at whose Suit the Lord Chandois his Servant called Edward Barston was arrested so as he make satisfaction unto the said Barston of such charges as he was at by means of that Arrest Vide concerning this matter on Saturday the 26 th day of November foregoing as also on Thursday the first day Saturday the third day and on Monday the 5 th day of this instant December last past The like Order taken for the enlargement of William Cole that arrested John Yorke the Lord Archbishops Servant paying only the Fees of the Fleet. Vide touching this business on Thursday the eighth day of this instant December foregoing Certain Amendments were thought fit by the Committees to be added to the Bill intituled An Act for erecting of Houses of Correction and punishment of Rogues Vagabonds and Sturdy Beggers which Amendments were twice read and upon consideration of the same direction was given to some of the said Committees viz. the Lord North the Lord S t John and the Lord Buckhurst to review the said Amendments for reformation of some defects found therein by the House and the Lord Chief Justice of England appointed to attend them On Thursday the 15 th day of December Three Bills of no great moment had each of them one reading of which the first being the Bill for grant of three Subsidies and six Fiftenths and Tenths was read prima vice Six Bills were brought up to the Lords from the House of Commons of which the first was the Bill for establishing the Hospital of Queen Elizabeth in Bristol for relief of the Orphans and Poor there and was returned with allowance of the Amendments Certain Articles were presented in writing by the House of Commons touching their opinions and objections concerning the Bill of Tellors and Receivors which were delivered to M r Attorney to the end he might confer with the Judges upon the same and make Report to the Lords The Bill for Arthur Hatch her Majesties Ward was returned into the House by the Lord Treasurer first of the Committees who said that there were in the Bill certain Points that could not be well reformed whereupon motion was made to the House upon agreement amongst the Committees that the proceeding in this Bill might cease and that another course might be taken by way of Composition betwixt the Dean and Chapter of Windsor and