The Journals of Parliaments
Four Bills were sent up to the Lord's by M r Vice-Chamberlain, of which one was the Bill for the Drapers, Cottoners and Frizers of Shrewsbury; and another for Merchant Adventurers of Bristol.
The Bill with a little Book Printed in the Year 1562. (which was the fourth or fifth Year of her Majesty's Reign) for the sound Christian Religion, was read the first time. Vide May the 17 th Thursday an. 13 Eliz. in the House of Commons Journal.
On Friday the 6 th day of December, Eight Bills of no great moment, had each of them one reading; of which the third being the Bill for the punishment of Offenders, in Swearing, Drunkenness, &c. was read the second time, and (as it should seem) committed to M r Vice-Chamberlain, and others; And divers Bills touching Religion, of which see fully on Thursday May the 17 th in an. 13 Eliz. in the Journal of the House of Commons.
On Saturday the 7 th day of December, Three Bills of no great moment, had each of them one reading; of which the third being the Bill for the finishing of the Port of Hartlond in Devon was read the second time, and Ordered to be engrossed.
The Bill confirming the Corporation of the Kings Heralds at Arms, and the Bill for the Embroiderers of London, were each of them read the second time, and committed (as it should seem) to M r Vice-Chamberlain, and others.
Walter Strickland Esq, Knight for the County of Cumberland, being diseased with the Gout, was Licensed to be absent.
On Monday the 9 th day of December, Three Bills had each of them one reading; of which the second being the Bill to avoid fraudulent Gifts, and also Order for Bankrupts, was read the second time, and (as it should seem) committed unto M r Seckford; and the third for Explanation of the Act of 37 Hen. 8. touching Colleges and Free-Chapels for Leases, with a Proviso for Judgments given, was read the third time, and passed upon the question.
On Tuesday the 10 th day of December, Two Bills had each of them one reading; of which the Bill with a little Book Printed an. 1562. for the sound Christian Religion, was read the second time, and Ordered to be engrossed. Vide May the 17 th Thursday in An. 13 Regin. Eliz. sequen. in the Commons House Journal.
M r Serjeant Carus, and M r Attorney, brought from the Lord's two Bills; one for the Stature of Horses, and another for Allom and Copperas.
The Preamble of the Bill of Subsidy, after long Arguments, was read the first and second time.
On Wednesday the 11 th day of December, Four Bills of no great moment, had each of them one reading; of which the first being the Bill for pulling up of Piles, Weares and Fish-Gates; The second for Records to be kept in Wales, And the third touching Goal-Delivery in the Counties of Wales, and touching Sheriffs and Justices of the Peace, were each of them read the second time, and Ordered to be engrossed.
The Proviso and Amendments of the Bill for Informers, was sent from the Lord's, and read the first time, and (as it should seem) committed to M r Seckford to consider of it.
On Thursday the 12 th day of December, Nine Bills had each of them one reading; of which the seventh being the Bill that John Stafford, born beyond the Seas, may be a free Denizen; and another for the making of Steel in England, were each of them read the third time, and passed upon the Question, and were with two others sent up to the Lord's, by M r Vice-Chamberlain.
M r Serjeant Carus brought from the Lord's, the Subsidy for the Clergy; whereupon the Bill for one Fifteenth and Tenth, and also one Subsidy granted by the Temporalty, was read the third time, and passed upon the Question.
On Friday the 13 th day of December, Six Bills had each of them one reading; of which the fourth being the Bill for bringing in of Tonnage-Wares landed in other Countries, was read the second time, and Ordered to be engrossed. And the Bill for the Articles of Religion, passed upon the third reading; Vide May the 17 th Thursday in Anno 13 Eliz. sequent. in the Journals of the Commons.
On Saturday the 14 th day of December, Five Bills had each of them one reading; of which the third, that several Sheriffs may be in Buckingham and Bedford; and the fourth for Confirmation of Letters Patents since the first Year of the Reign of Queen Eliz. were each of them read the second time, and Ordered to be engrossed.
The Bill for the Articles of Religion, and the Bill for the Port in Hartlond, was sent to the Lord's by M r Vice-Chamberlain, &c.
The Bill for making and wearing of Hats and Caps within the Realm, with the Proviso added thereunto, was read the second time, and Ordered to be engrossed.
The House was appointed to be called on Thursday next, in the Afternoon.
On Monday the 16 th day of December, Three Bills of no great moment, had each of them their third reading; and passed upon the Question: of which the first was the Bill for keeping of the Records in twelve Shires of Wales, with divers Ordinances there.
M r Serjeant Carus brought from the Lord's two Bills, one for graving of Seals, and the other for Merioneth.
The Bill touching the bringing in of Tonnage Wares landed by the way to be forfeit, with a Proviso, was read the third time.
On Tuesday the 17 th day of December, Four Bills of no great moment, had each of them one reading; of which the fourth being the Bill for Adjournment of Assizes at Lancaster and Durham, was read the second time; but no mention is made whether it was Ordered to be engrossed, or refer'd to Committees. Vide consimile December the 19 th Thursday, posteá.
The Bill for the Merchant Adventurers Corporation, for discovery of Russia, and new Trades, with three Provisoes, were each of them read the third time, and with the Bill passed upon the Question.
The Bill of Subsidv, with the three Bills last past, were sent up to the Lord's by M r Chancellor of the Duchy.
Leonard Ireby Burgess for Boston, for his Affairs, is Licensed by M r Speaker to be absent.
On Wednesday the 18 th day of December, Three Bills of no great moment, had each of them their second reading; of which the first was the Bill for the Bowyers of London, the second for Trials of Felony in the County of Merioneth, and the third for the graving of Alneagers Seals by the Graver of the Mint.
Three Bill also were each of them read the third time; of which the first being the Bill for Latitats for Execution out of the Kings-Bench, and the second for paving of Kentish-street, passed upon the Question.
The Bill for Dyers of Woolls, Cloths, or Caps; The Bill for maintaining of Sea-Marks, for the Trinity-House of Deptford, and for Watermen of the Thames; And the Bill for the Cloth-Workers of London, was read each of them the second time, and Ordered to be engrossed.
The new Bill to alter the Statute for the making and breadth of Cloths, was read the first time.
The Bills which last passed in this House, were sent up to the Lord's by M r Vice-Chamberlain, and others.
Two Bills finally had each of them one reading; of which the first being the Proviso added to the Bill for making Steel in England, was read the third time, and with the Bill Ordered to be engrossed.
On Thursday the 19 th day of December, the Bill touching Plumstead-Marsh, for the Inning of it, was read the second time, and Ordered to be engrossed.
Two Bills also had each of them their second reading; of which the first was the Bill that no person shall hold above two Tenements; and the second to repeal a Branch of a Statute for breed of Stone-Horses in divers Shires.
The Addition to the Lord's Bill for Fines with Proclamations, was read the first and second time, and Ordered to be engrossed.
The Additions sent from the Lord's, in the Bill touching Informers, were read, and (as it should seem) referred to M r Lovelace, to consider of them.
The new Bill for Apparel, was brought from the Lord's by Serjeant Carus.
The Bill for Bankrupts and fraudulent Gifts, was dashed upon the question, and division of the House, by the difference of sixteen Voices; viz. with the Bill forty, and against the Bill fifty six.
Two Bills lastly had each of them their first reading; of which the first was the Bill for Reformation of excess in Apparel.
On Friday the 20 th day of December, the Bill for the Subsidy of the Clergy of Cant. was read the second time.
Four Bills also had each of them one reading; of which the first for the Alms-House of Plymouth, The second for the making of Bay-Salt, and White-Salt in England; And the third for preservation of Grain, by killing of Crows and other Vermin, were each of them read the second time, and Ordered to be engrossed.
The Bill for the Jointure of the Lady Warwick; and the Bill amended for Shrewsbury, were brought from the Lord's by M r Attorney.
Two Bills were sent up to the Lord's by M r Attorney; of which one was the Bill for making of Steel in England.
The Proviso in the Bill for Tonnage-Wares, was read the third time, and passed upon the Question.
The Bill for the Inning of Plumstead-Marsh, and the Bill for Confirmation of Letters Patents made since the first year of Queen Elizabeth, were each of them read the third time, and passed upon the Question; and were sent up to the Lord's by M r Chancellor of the Duchy.
The Bill for pulling up of Weares, Fish Gates, and Piles, was read the third time, and upon the Question and Division of the House, dashed, with the difference of three Voices only; viz. with the bill forty two, and against it forty five.
The Bill for preservation of Grain by destruction of Vermin, was read the third time, and passed upon the Question.
The Bill for the Jointure of the Lady Anne Countess of Warwick, was read the first and second time.
The Proviso from the Lord's for the Sessions to be kept at Hereford, added to the Bill for Goal-Deliveries in Wales, was read the first, second and third time, and passed upon the Question.
Francis Thinn came into the House personally, and agreed to such things, concerning his Title to Tythes in Plumstead-Marsh, as Sir John Thynn should say for him.
On Saturday the 21 th day of December, Six Bills were read the third time, and passed upon the question; of which the second was the Bill for Trial of Felonies in Merionethshire in Wales; And another touching Fines with Proclamations, though the Original be imbezelled, to which this House had made an Addition; and a Proviso for the Heir of the Earl of Kent; and were sent up to the Lord's by M r Chancellor of the Duchy.
The Bill also for repairing of Sea-Marks, Mariners and Watermen, was read the third time, and passed upon the question.
The Bill for the Subsidy of the Clergy of Canterbury, was read the third time, and passed upon the question.
The Bill for engraving of Alneagers Seals, by the Graver of the Mint in the Tower of London, was read the third time; and two other Bills had each of them their second and third reading; of which the first was the Bill for the avoiding of excess in Apparel; but no mention is made that they passed the House.
The Bill that Hexamshire shall be of the County of Northumberland, and parcel of the Bishopric of Durham, was read the third time, and passed upon the Question.
Three Bills also had each of them one reading; of which the first being the Bill for buying of Woolls out of Caermarthen, Cardigan and Pembroke; and the third for keeping the Assizes in Lancaster, were each of them read the second time, and dashed upon the question.
The Bill against carrying over Sea of Rams, Lambs, or Sheep alive; The Bill against carrying over of Pelts or Tann'd-Leather, And the Bill for the Market of Battle to be kept at Battle, were each of them read the second time, and Ordered to be engrossed.
The General Bill to avoid Fairs and Markets on Sunday, to the next work-day following, was read the first and second time.
The House being moved with a Commission for Execution of penal Laws, Dated the third day of December last, appointed divers Committees (whose names through the Clerks great negligence are wholly omitted in the Original Journal-Book of the House of Commons) to move the Lord's to be a means for the revoking of the said Commission; to which their Lordships agreed, conceiving with the Commons, that Edmond Matthew, John Elliot, and Robert Reynold, the Commissioners nominated and authorized in the said Commission, were not fit persons for the Execution of the same.
On Monday the 23 th day of December, Four Bills of no great moment, had each of them one reading; of which the third being the Bill against carrying over Sea of Rams, Lambs and Sheep alive, was read the third time, and passed upon the question.
The Bill for the Clothing Town of Wonersh in Surrey, was read the third time, but as yet passed not the House.
The Bill for helping of Havens and Ports of the Sea, was read the second time.
Seven Bills with three others, were sent up to the Lord's by M r Vice-Chamberlain; of which one was the Bill for the making of White and Bay Salt, and another for the Subsidy of the Clergy of Canterbury.
Report being made upon the Bill for Apparel, it was upon the question dashed.
The Bill for continuance of divers Acts of Parliament, with Addition for transporting of Grain, was read the second time.
A Report was made upon the Bill for Cloth-making in the Town of Wonersh in the County of Surrey; and a Proviso being read the first, second and third time, thereunto added by the House, the Bill was upon the question dashed.
The Bill for the Queens Majesty's Pardon, and the Bill for Tonnage-Wares, with some words added unto them, were brought from the Lord's by M r Attorney; which said Bill touching Tonnage-Wares to put out Wines, &c. was read the first time, and dashed upon the Question.
On Tuesday the 24 th day of December, the Bill for the Queens Majesty's general and beneficial Pardon, unto the 26 th day of December, in the eighth year of her Highness Reign, was read the first time, and accepted by the Commons.
The Bill for continuance of divers penal Statutes, was read the third time, and passed upon the question, and was sent up to the Lord's by M r Chancellor of the Duchy.
The Bill for the Alneagers Seals to be graved in the Tower, was read the fourth time (or rather (as it should seem) some Additions or Amendments thereunto annexed) and dashed upon the question.
The Bill touching Sheriffs, Under-Sheriffs and Bailiffs of Liberties to take Oaths, was read the third time, and upon the Question dashed.
The Bill for continuance of Statutes, was brought from the Lord's, to take away all the Provisoes and Articles besides, only the continuance of the Acts, was upon the question and division of the House, dashed; viz. with the Bill sixty one, and against it ninety seven.
M r Attorney, and M r D r Lewis, brought word from the Lord's, that their Lordships had Adjourned their House until Monday next. Whereupon M r Speaker, with the advice of this House, Adjourned the Parliament until Saturday next, and then it was Ordered, that the House should then be called to see and consider the defaults.
On Saturday the 28 th of December, the House was called, and Adjourned until Monday then next following.
On Monday the 30 th day of December, the House was called again, and Adjourned further till Thursday next following, because the Lord's above had so Adjourned their said House.
On Thursday the second day of January, the Defaulters were called, and twelve allowed by the House to make default.
D r Huicke sent in word from the Lord Keeper, that the Lord's had Adjourned their House, until one of the Clock in the Afternoon.
The Alms given this day by the House for relief of the Poor, amounted to the sum of nineteen pound ten shillings, to be paid by M r Henry Knolles Sen., and M r Grimston, two Members of the said House.
Post Meridiem.
In the Afternoon about three of the Clock, the Queens Majesty sitting in the Upper House of Parliament, the Knights, Citizens and Burgesses of the House of Commons, with Richard Onslow their Speaker (having had notice thereof) repaired thither; where the said Speaker made an Excellent Oration, of above one hours length, tending to the expression of the great goodness of Almighty God, shown unto this Realm, by the quiet Government of the Queens Majesty; and shown also the strength of Laws. And after thanks to the Queens Majesty for her Gracious Pardon, offered the Subsidy, and the Pardon. And when the Lord Keeper had made a short Answer to the special points of the Oration of the Speaker, and that the Queens Majesty had given her Royal Assent to thirty four Acts, viz. nineteen public Acts, and fifteen private; immediately it pleased her said Majesty to declare in a most Excellent Phrase of Speech and Sentence, that she seemed not pleased with the doings of the House of Commons, for busying themselves in this Session, with matters which did not appertain at this time unto them (intimating doubtless thereby their too violent, and eager prosecution of those two great businesses touching her Marriage, and Declaration of a Successor, in default of Issue of her own Body) but in the end of her said Speech, she concluded with 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 Majesty's 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 LORD'S.
The Journal of the Proceedings of the House of Lord's, 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 carelessly entered 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 itself 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 Majesty's 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 Majesty's 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 ancient accustomed most honorable 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 Majesty's Attorney General, and Solicitor 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 sat 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 embroidered very richly. Next after her Chariot followed the Earl of Leicester, in respect of his Office of the Master of the Horse, leading her Majesty's spare Horse. And then forty seven Ladies and Women of Honor; 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 Lord's all on foot, in order as afore; and over her Head a rich Canopy was carried all the way. She being entered into the Upper House of Parliament, and there sat 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 Lord's all in their Rooms on each side of the Chamber; that is to say, the Lord's Spiritual on the right hand, and the Lord's Temporal on the left.
Nota, That whereas the presence of these Lord's 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 Lord's 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 Council, 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 Lord's, 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 forever. 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 show the cause of the Parliament, who thereupon spake, as followeth.
THE Queens most Excellent Majesty, our most Dread and Gracious Sovereign, 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 loath 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. The other, so to consider of the Crown and State, as it may be best preserved in time of Peace, and best defended in the time of War, according to the Honor due unto it. And because in all Councils and Conferences first and chiefly there should be sought the Advancement of God's Honor and Glory, as the sure and infallible Foundation, whereupon the Policy of every good Public Weal is to be Erected and built; and as the straight line, whereby it is principally to be directed and governed, and as the chief Pillar and Buttress, wherewith it is continually to be sustained and maintained; Therefore, for the well-performing of the former touching Laws, you are to consider; first, whether the Ecclesiastical Laws concerning the Discipline of the Church, be sufficient or no? and if any want shall be found, to supply the same; and thereof the greatest care ought to depend upon my Lord's the Bishops, to whom the Execution thereof especially pertains, and to whom the imperfections of the same be best known.
And as to the Temporal Laws, you are to Examine whether any of them already made, be too sharp or too sore, or over-burthenous to the Subject; or whether any of them be too loose or too soft, and so over-perilous to the State. For like as the former may put in danger many an Innocent, without cause, particularly; so the second may put in peril both the Nocent and Innocent, and the whole State universally. You are also to examine the want and superfluity of Laws: you are to look whether there be too many Laws for anything, which breedeth so many doubts, that the Subject sometimes is to seek how to observe them, and the Counselor how to give advice concerning them.
Now the second, which concerns a sufficient provision for the Crown and State; herein you are to call to remembrance, how the Crown of this Realm hath been many ways charged extraordinarily of late; not possibly to be born by the ordinary Revenues of the same, and therefore of necessity to be relieved otherwise; as heretofore it hath commonly, and necessarily been. For like as the ordinary charge hath been always born by ordinary Revenues, so the extraordinary charge hath always been sustained by an extraordinary relief. This to those that be of understanding is known, not only to be proper to Kingdoms and Empires, but also is, hath been, and ever will be a necessary peculiar pertaining to all Common-Wealths, and private States of men, from the highest to the lowest; the rules of reason hath ordained it so to be.
But here I rest greatly perplexed, whether I ought to open and remember unto you, such reasons as may be easily produced, to move you thankfully and readily to grant this extraordinary relief or no: I know the Queens Majesty conceiveth so great hope of your prudent foreseeing what is to be done, and of your good wills and readiness to perform that, which by Prudence you foresec, that few or no persuasions at all are needful for the bringing this to pass. Nevertheless, because by the ancient order heretofore used, it is my Office and Duty somewhat to say in this Case, and likewise all men also that be present, neither understand alike, nor remember alike; Therefore I mean, with your favor and patience, to trouble you with a few words, touching this point. True it is, that there be two things that ought vehemently to move us, frankly, bountifully, and readily to deal in this matter. The former is the great benefits, that we have received; the second is the necessity of the Cause. If we should forget the former, we are to be charged as most ungrate and unthankful; and the forgetfulness of the second doth charge us, as uncareful of our own Livings and Liberties, and of our Lives; the former moveth by Reason, and the second urgeth by Necessity. And here, to begin with the former, albeit that the benefits that the Realm hath received by God's Grace, and the Queens Majesty's Goodness, both for the number and greatness, are such as may be more easily marvelled at, than worthily weighed and considered; Yet mean I to remember briefly three of them, whereof the first and chief is restoring and setting at Liberty God's holy Word amongst us; the greatest and most precious Treasure that can be in this World: for that either doth, or should benefit us in the best degree; to wit, our Minds and Souls; and look how much our Souls excel our Bodies, so much must needs the benefits of our Souls excel the benefits of our Bodies; whereby also, as by a necessary consequent, we are delivered, and made free from the Bondage of the Roman Tyranny; therefore this is to be thought of us the most principal benefit.
The second is the inestimable benefit of Peace during the time of ten whole years together, and more; and what is Peace? is it not the richest and most wished for Ornament that pertains to any public Weal? Is not Peace the mark and end that all good Governments direct their actions unto? Nay, is there any benefit, be it never so great, that a man may take the whole Commodity of, without the benefit of Peace? Is there any so little Commodity, but through Peace a man may have the full fruition of it? By this we generally and joyfully possess all; and without this generally and joyfully we possess nothing. A man that would sufficiently consider all the Commodities of Peace, ought to call to remembrance all the miseries of War; for in reason it seems as great a benefit in being delivered of the one, as in the possessing of the other. Yet if there were nothing, the common and lamentable Calamities and Miseries of our Neighbors round about us, for want of Peace, may give us to understand what blessedness we be in that possess it. There be that never acknowledge benefits to their value, whilst they possess them, but when they be taken from them, and so find their want; marry such be not worthy of them. Now is it possible, trow you, that this blessed benefit of Peace could have been from time to time thus long conserved and conferred upon us, had not the mind, affection and love, that our Sovereign bears towards us her Subjects, bred such care over us in her Breast, as for the well bringing of this to pass, she hath for born no care of Mind, no travel of Body, nor expense of her Treasure, nor sale of her Lands; no adventuring of her Credit, either at home or abroad? a plain and manifest Argument, how dear and precious the safety and quiet of us her Subjects be to her Majesty. And can there be a greater persuasion to move us to our power to tender the like?
The third is the great benefit of Clemency and Mercy. I pray you, hath it been seen or read, that any Prince of this Realm, during whole ten years Reign, and more, hath had his hands so clean from Blood? If no offense were, her Majesty's Wisdom in Governing was the more to be wondered at; and if offenses were, then her Majesty's Clemency and Mercy the more to be commended. Misericordia ejus super omnia opera ejus. Besides, like as it hath pleased God ten years and more, by the Ministry of our said Sovereign, to bless this Realm with those two inestimable benefits of Peace and Clemency, so there is no cause but the same might by God's Grace have continued twenty Years longer, without intermission, had not the Raging Romanist Rebels entertained the matter. And here it is to be noted, that this Merciful and Peaceful Reign of ten Years and more, hath happened in the time of Christ's Religion now established. I cannot think that any man can follow me in this, in the time of the Romish Religion since the Conquest. Nay a man might affirm, that this is an Example for times to come, without any like in times past; comparing Singula singulis, what should I say? these be the true Fruits of true Religion. I could further remember you of the Fruits of Justice, the benefit of restoring your Money to Finess; yea, I could put you in mind, but I think it needs not, it happened so late, of a Subsidy granted, whereof the Queens Majesty of her own bountifulness, remitted the one half; was the like here in England ever seen or heard of? But being out of doubt, that these benefits already remembered be sufficient of themselves to move you to be thankful to your Power, I leave any longer to detain you in this point.
And albeit a Subject cannot yield any benefit to his Sovereign in the same nature that he receiveth it; because every benefit is more than Duty, and more than Duty a Subject cannot yield to his Sovereign: Yet can it not be denied, but a Subjects acknowledging of benefits received, joined with good will to yield as far as Liberty will reach, doth sufficiently satisfy for the Subject, for ultra posse non est esse. To your best actions therefore address ye. And thus much concerning benefits.
Now to the second part, concerning urging by Necessity, true it is, that the extraordinary matters of Charge, happened since the last Assembly here, urging to have by necessity a relief granted, amongst many others be these. First, The great Charge in suppressing the late Northern Rebellion, with Charges also in reforming those the Queens Majesty's Enemies in Scotland, that assisted the Rebels, and made Rodes into England. The continual growing Expences, by reason of Ireland, as in subduing the Rebels within that Realm, and withstanding the Scots Northward, and other Foreign Forces, intending Invasion Southward. To these three Charges by Land, you may add a fourth by Sea; as the preparation and setting forth of Ships, partly for the defense against all Foreign Forces, suspected and intended, partly for the safe conducting of the Wares and Merchandises in greater strength and longer cut than heretofore hath been used. These and such like extraordinary Charges, whereof there be sundry, with the remains of old Charges not possible to be born by the ordinary Revenue, and yet of necessity to be expended, do greatly exceed any extraordinary aid therefore commonly granted. Again, the great decay of the Queens Majesty's Customs, by reason of stay and alteration of Traffick (albeit upon just occasion) hath bred no small want; for although in time it is not to be doubted, but that will grow again to his old course, and continue with great Surety; Yet in the mean time, this want must some way be supplied; for you know the Horse must be provided for, whilst the Grass is in growing. At the least let us do so much for ourselves, as we do for our Horses. For ourselves it is that are to be relieved in this Case. This I must needs say, that if the Queens Majesty did use in matters of Expence, to do as commonly Princes heretofore have used to do, then with the more difficulty might such extraordinary aid be assented unto, and yet of necessity to be had, to withstand a greater necessity. It hath been used in times past, that Princes pleasures and delights have been commonly followed in matters of Charge, as things of necessity. And now, because, God be praised, the relieving of the Realms necessity is become the Princes Pleasure and Delight, a noble Conversion (God continue it, and make us as we ought to be, earnestly thankful for it!) A Princely Example shown by a Sovereign for Subjects to follow. To descend in some particulars: What need I to remember unto you, how the gorgeous, sumptuous, superfluous Buildings of time past be for the Realms good, by her Majesty in this time turned into necessary Buildings, and upholdings? The chargeable, glittering, glorious Triumphs, into delectable Pastimes and Shows? Ambassadors of Charge into such as be void of excess, and yet honorable and comely? These and such like are dangerous dams, able to dry up the flowing Fountains of any Treasure; and yet these imperfections have been commonly Princes Peculiars, especially young. One free from these was accounted Rara avis, &c. and yet (God be thanked) a Phoenix, a Blessed Bird of this kind God hath blessed us with. I think it may be affirmed, and that truly, that there hath not been any matter of great Charge taken in hand by her Majesty in this happy Reign of twelve Years and more, that hath not been thought before convenient to be done for the Weal and profit of the Realm; so far her Highness is from spending of Treasure in vain matters, and therefore the rather how can a man make any difficulty to contribute according to his Power? specially, in maintaining of his Sovereign, his Country, his Self, his Wife and Children, and what not? having so long a proof by experience, of such an employment? Here I would put you in mind of extraordinary Charges to come, which in reason seems evident, but so I should be over tedious unto you, and frustra sit per plura quod sieri potest per pauciora. And therefore here I make an end, doubting that I have tarried you longer than I promised or meant, or perchance needed, your wisdoms and good inclinations considered. But you know things are to be done both in form and matter. And my trust is, that if I had stayed, I may be warranted by either, or by both, that you will take it in good part. Thus far out of the Copy of this foregoing Speech.
As soon as the Lord Keepers Speech was ended, then the Clerk of the Upper House, read the names of Receivers and Triers of Petitions in French (whose names are transcribed out of the Original Journal-Book of the Upper House) and were as followeth.
Sir Robert Catlin Knight, Chief Justice of the Kings Bench, Sir William Cordell Knight, Master of the Rolls, Sir John Widden Knight, one of the Justices of Sir Richard Read Knight, and D r Huick, who were Receivers of Petitions for England, Ireland, Wales and Scotland.
Receivers of Petitions for Gascoigne, and the parts beyond the Seas, and the Isles:
Sir James Dyer Knight, Chief Justice of the Common-Pleas, Sir Edward Saunders Knight, Lord Chief Baron, Richard Weston one of the Justices of Welsh one of the Justices of D r Lewis, D r Yale, and D r Vaughan.
Triers of Petitions for England, Ireland, Wales and Scotland, The Archbishop of Canterbury, the Earl of Arundel, the Earl of Sussex, the Earl of Huntingdon, the Earl of Bedford, the Bishop of London, the Bishop of Durham, the Bishop of Salisbury, the Lord Clinton, the Lord Admiral of England, the Lord Cobham, the Lord Wentworth, and the Lord North.
Triers of Petitions for Gascoigne, and for other parts beyond the Seas, and the Isles, The Archbishop of York, the Marquess of Northampton, the Earl of Shrewsbury, the Earl of Leicester, the Bishop of Winchester, the Bishop of Worcester, the Bishop of Lincoln, the Lord Howard of Esfingham, Chamberlain of the Queen, the Lord Windsor, the Lord Hastings of Loughborough, and the Lord Carie of Hùnsdon.
Hodie retornatum breve quo Edwardus Comes Oxford. praesenti huic Parliamento summonitus fuit, qui admissus fuit ad suum in sedendo praeheminentiae locum, salvo cui{que} jure suo.
The like Writs returned for Henry Earl of Pembroke, and William Lord Sands.
Hodie retornatum fuit breve, quo Richardus Episcopus Carliolen. praesenti buic Parliamento summonebatur, qui admissus fuit ad suum in sedendo praeheminentiae locum, salvo jure alieno.
On Wednesday the 4 th day of April in the Afternoon, but at or about what hour appeareth not, although it may probably be guessed, that it was about three of the Clock, her Majesty with divers Lord's Spiritual and Temporal, Assembled in the Upper House, whose names are marked to have been present this day in the Original Journal-Book of the Upper House, being as followeth.
- Regina.
- Archiepiscopus Cantuarien.
- Episcopus London.
- Episcopus Dunelmen.
- Episcopus Winton.
- Episcopus Hereforden.
- Episcopus Wigorn.
- Episcopus Lincolnien.
- Episcopus Sarisburien.
- Episcopus Meneven.
- Episcopus Roffen.
- Episcopus Norwicen.
- Episcopus Carliolen.
- Episcopus Cestren.
- Episcopus Assaven.
- Episcopus Glocestren.
- Episcopus Bangoren.
- Episcopus Landaven.
- Nicolaus Bacon Miles, Dominus Custos Magni Sigilli.
- Marchio Northampton.
- Comes Arundell.
- Comes Oxford.
- Comes Wigorn.
- Comes Sussex.
- Comes Southampton.
- Comes Bedford.
- Comes Pembroke.
- Comes Leicester.
- Vice-Comes Hereford.
- Vice-Comes Montague.
Which are all the Lord's Spiritual and Temporal sitting on the two Upper Forms, noted to be present this day.
Nota, That the Spiritual Lord's are always thus placed in the Original Journal-Book of the Upper House, on the dexter side, not in respect of their precedency, but (as it should seem) because the Archbishop of Canterbury the chief of them is the first Peer of England, and so the residue of the Clergy are placed next after him, in respect of their Ecclesiastical Dignities. The next that follow are the Barons, who are placed in the said Journal-Book in respect of their several places and precedencies, as followeth.
-
Barones.
- Dominus Clinton Admirallus Angliae.
- Dominus Howard Camerarius.
- Dominus Burgavenny.
- Dominus Strainge.
- Dominus Dacres de Souch.
- Dominus Cobham.
- Dominus Stafford.
- Dominus Gray de Wilton.
- Dominus Dudley.
- Dominus Lumley.
- Dominus Darcie.
- Dominus Mountegle.
- Dominus Vauxes.
- Dominus Windesor.
- Dominus Wentworth.
- Dominus Burgh.
- Dominus Crumwell.
- Dominus Evers.
- Dominus Wharton.
- Dominus Rich.
- Dominus Willoughby.
- Dominus Paget.
- Dominus Darcie de Chich.
- Dominus North.
- Dominus Shandois.
- Dominus Haistings de Loughborough.
- Dominus Hunsdon.
- Dominus S t John de Bletsoe.
- Dominus Buckhurst.
- Dominus De la Ware.
Her Majesty and the Lord's being thus set, the Knights, Citizens and Burgesses of the House of Commons, had notice thereof, and thereupon repaired to the Upper House, with Christopher Wray Serjeant at Law, their lately Elected Speaker, whose presentation to her Majesty, and allowance by her, being not mentioned in the Original Journal-Book of the said House, are therefore wholly transcribed out of that before-cited Anonymous Journal, more particularly mentioned at the beginning of this present Journal, the same also in effect being contained in the Original Journal-Book of the House of Commons, fol. 10. a.
The said Speaker being led up to the Rail or Bar, at the lower end of the Upper House, by two of the most Honorable Personages of the House of Commons, did there, after three Reverences made, humbly beseech her Majesty, according to the usual course, that albeit he could not obtain of the Commons (who had Elected him to be their Speaker) for such causes, as he had alleged, to be disbunthened of that place, that so some other more fit and able might be chosen, that yet her Highness would vouchsafe to have consideration of the greatness of the Service, and therefore to require them eftsoons to return to the House, and to make a new Choice. To which his Petition, the Lord Keeper, by her Majesty's Commandment, Answered and said.
That as well for that her Highness had understood of him, as for that the Commons had chosen him, his Request could not be granted.
Whereupon the said Speaker being allowed, he desired to be heard to say somewhat concerning the orderly Government of a Common-Weal, which to be duly done, he said, there were three things requisite, Religion, Authority, and Laws. By Religion, he said, we do not only know God aright, but also how to Obey the King or Queen, whom God shall assign to Reign over us; and that, not in Temporal Causes, but in Spiritual or Ecclesiastical; in which wholly her Majesty's Power is absolute. And leaving all proofs of Divinity to the Bishops, and Fathers (as he said he would) he proved the same by the practice of Princes within this Realm; and first, made remembrance of Lucius the first Christian King, who having written to Elut herius the Pope, 1300. Years past for the Roman Laws, he was Answered, that he had the Holy Scriptures, out of the which he might draw to himself, and for his Subjects, Laws by his own good discretion; for that he was the Vicar of Christ over the People of Britain. The Conqueror (he said) in the Erection of Battle-Abby, granted that the Church should be free from all Episcopal Jurisdiction.
Henry the Third gave to Ranulph Bishop of London, the Archbishopric of Canterbury, by these words, Rex, &c. Sciatis quod dedimus Dilect. nostro Ranulpho Archiepiscop. Cantuarien. quem instituimus Anulo & Baculo. The Ring, he said, was the sign of perfection; The Staff the sign of Pastoral Rule, which he could not do, if these Kings had not had and used the Ecclesiastical Powers. In the Reports of the Law, we find that an Excommunication of a certain person came from the Pope under his Leaden Bull; and was shown in abatement of an Action brought at the Common Law; which, besides that it was of no force, the King and Judges were of Mind, that he who brought it, had deserved Death, so to presume on any Foreign Authority; which Authority being now by God's Grace, and her Highness means, abolished, and the freedom of Consciences, and the truth of God's word established; we therefore ought greatly to thank God and her.
For Authority, or the Sword, whereby the Common-Wealth is stayed, three things he said are requisite; Men, Armor and Money. For Men, their good wills he said were most, being of itself a strong Fortress. For Armor, the necessity he shown in part, and how requisite Treasure was, he a little declared. And concluded, that all three must be conjoined, Men, Armor and Money.
Lastly for Laws, the third stay of the Common-Wealth; he said there must be consideration in making them, and care in Executing of them; in making such, as by the providing for one part of the Common-Wealth, the rest should not be hindered, which were indeed a matter most pernicious; and this he vouched out of Plato de legibus. For Execution, he said, that since the Law of itself is but Mute, set in Paper, not able to do ought, the Magistrate (except he will be also Mute) must be the Doer, and then is a good Law said to be well made, when it is well Executed; for anima legis est executio.
Hereupon he said something in commendation of her Majesty, who had given free course to her Laws, not sending or requiring the stay of Justice, by her Letters or Privy-Seals, as heretofore sometime hath been by her Progenitors used. Neither hath she pardoned any, without the advice of such, before whom the Offendors have been Arraigned, and the Cause heard.
His Oration being ended, he then made four Petitions; the first, that the Persons, Servants and Goods of all coming to that Assembly, might be free from all Arrests. Secondly, That for Cause of Conference, they might have access to her Majesty. Thirdly, If any sent should not truly report, or in part mistake the meaning of the House, that the same should be by her Highness favourably heard. And lastly, That in the House all men might have free Speech.
This Oration being ended, by direction from her Majesty, and instructions given what should be said, The Lord Keeper Answered thus; dividing his Speech into three parts, the first, where he had sometimes inserted commendations of her Majesty, he said, her Highness would not acknowledge so great perfections to be in her; but said, that they should be instructions for her better proceedings in time to come. The second part of his Oration, he said, concerning the Rule, for ordering of the Common-Wealth, she well liked of, and wished, that as he had well conceived of it, and well uttered the same, so he and others would endeavor the Execution thereof.
For his Petitions, he said, her Majesty's Pleasure was, that the first should be granted, with this caution, that no man should under their shadows, untruly protect any others. For the second, he said, at time convenient, her Pleasure was, they should come freely. Touching the third part, he said, she could not imagine that among so many wise men it could happen; but if it should, her Grace would be content to remit it. The fourth was such, that her Majesty having Experience of late of some disorder, and certain Offences, which though they were not punished, yet were they Offences still, and so must be accounted; therefore said, they should do well to meddle with no matters of State, but such as should be propounded unto them, and to occupy themselves in other matters, concerning the Common-Wealth.
The Presentment and Allowance of the Speaker being thus transcribed, out of that often before vouched Anonymous Journal of the House of Commons in this Parliament, Now follow the residue of this days passages, with those also of other days ensuing, out of the Original Journal-Book of the Upper House.
Hodie returnatum est breve, &c. by which the Bishop of Exeter was Summoned to this Parliament, who was thereupon admitted to his accustomed place.
The like Writs were returned, whereby the Lord Paget, and the Lord De la Ware, were Summoned to the said Parliament, who were thereupon admitted.
There is no entrance of the Adjournment, or continuance of this Parliament, which happened doubtless through the great negligence of the Clerk of the Upper House; although it is most casy to conjecture, that the Lord Keeper did continue the same, by her Majesty's Commandment, unto some hour of the Afternoon following, being Thursday the 5 th day of this instant April.
This day finally (but whether before or after the rising of the Lord's of the Upper House, doth not appear) were divers Proxies returned, and delivered in unto the Clerk of the said Upper House, or to some other belonging unto him; of which the unusual or extraordinary Proxies, were only three, and those also all from Spiritual Lord's, which are entered in the Original Journal-Book of the said Upper House, in manner and form following.
4 die April. Introductae sunt Litterae Procuratoriae Hugonis Episcopy Landaven. in quibus Procuratores suos constituit Nicolaum Wigorn. Richard. Meneven. & Nicolaum Bangor. Episcopos, conjunctim & divisim.
Eodem die Introductae sunt Litterae Procuratoriae Thom. Episcopy Coventr. & Litchf. in quibus Procuratores suos constituit Nicol. Wigorn. Johannem Salisburien. & Richardum Meneven. Episcopos, conjunctim & divisim.
Eodem die Introductae sunt Literae Procuratoriae Richardi Episcopy Gloucestr. in quibus Procuratores suos constituit Nicol. Wigorn. Johan. Norwicen. & Willielmum Exonien. Episcopos.
Nota, That I call an extraordinary Proxy, when a Bishop Constitutes one Proctor, or more than two, and when a Temporal Lord Constitutes more than one; for of ten Temporal Lord's, who sent Proxies this Parliament, none appointed more than a single Proctor, and of seven Spiritual Lord's, four Constituted but two Proctors apiece.
Note also, That the Earl of Leicester had this Parliament seven Proxies sent unto him, all Entred in the Original Journal-Book of the Upper House, to have been returned on the said 4 th day of April; viz. from William Marquess of Winchester, Edward Earl of Derby, Henry Lord Berkely, Henry Lord Scroope, George Earl of Shrewsbury, Edward Lord Dudley, and Ambrose Earl of Warwick: Vide a like President on Tuesday the 22 th day of October, An. 8 Reg. Eliz. anteá.
On Thursday the 5 th day of April, to which day the Parliament had been doubtless continued or Adjourned Yesterday, although through the Clerks negligence it be not at all mentioned in the Original Journal-Book of the Upper House,
Two Bills of no great moment, had each of them one reading; of which the second being the Bill for the punishment of Collectors, Receivers, &c. for their fraudulent and unjust deceiving of the Queens Majesty in their Offices, was read primâ vice.
The Bill for the reviving and continuance of certain Statutes, was read the first time, and commissa Vice-Comiti Montague, Episcopo London, Episcopo Hereford, Episcopo Elien. Episcopo Wigorn. Domino Wentworth, Domino Shandois, Domino S t John de Bletsoe, Domino Primario Justiciario Banci Regis, Justiciario Welch, & Justic. Southcot.
Nota, That here a Bill was committed upon the first reading, of which although it be not very usual, yet there want not divers Presidents. Vide April the 20 th Friday postea.
Nota also, That here the Judges, being but Assistants unto the Upper House, are made joint Committees with the Lord's, which is usually found in all these Parliaments of her Majesty's Reign, until the thirty ninth of the same.
Dominus Custos magni Sigilli adjournavit praesens Parliamentum, until to Morrow at eight of the Clock.
On Friday the 6 th day of April, Three Bills of no great moment, had each of them one reading; of which the third touching Receivers, &c. deceiving the Queen of her Treasure, was read secundâ vice, & commissa to the Earl of Hunt. the Earl of Bedford, the Earl of Leicester, the Bishop of Rochester, the Bishop of Salisbury, the Bishop of Lincoln, the Lord Hastings of Loughborough, the Lord North, the Lord Hunsdon, and to the Queens Attorney, and M r Solicitor.
Nota, That here the Queens Attorney and Solicitor, who are but mere Attendants upon the Upper House, are made joint Committees with the Lord's.
Dominus Custos magni Sigilli adjournavit praesens Parliamentum in diem Crastinum hora nona.
On Saturday the 7 th day of April, the Lord's Assembled according to the last Adjournment, and the Lord Keeper being absent, Dominus Clinton vicem gerens Senescalli, ex mandato Dominae Reginae, continuavit praesens Parliamentum us{que} in diem Lunae proximum hora nona.
April the 8 th Sunday.
On Monday the 9 th day of April, Two Bills had each of them one reading; of which the first being the Bill against such as shall bring in any Bulls, &c. was read prima vice, and committed unto the Earl of Sussex, the Earl of Huntingdon, the Earl of Pembroke and others; and to the Chief Justices of the Common-Pleas, Justice Southcot, and Justice Carus.
Nota, That the Judges, who were but mere Assistants unto the Upper House, are here made joint Committees with the Lord's. Vide consimise Apr. 5. Thursday.
And the second touching Receivers, Collectors, &c. was read the second time, & eisdem Dominis quibus primo commissa fuit, denuo committitur.
Nota, That this Bill was read before, the second time, on Friday the 6 th day of this instant April foregoing, and committed, and therefore it should seem that this Bill was not now read again the second time, but only some additions or amendments thereunto annexed by the Committees, and thereupon the Bill was again referred unto them, to be further considered of.
For that Sir Nicholas Bacon Knight, Lord Keeper of the Great Seal of England, was sick, her Majesty's Letters Patents were read, Authorizing Sir Robert Catlin, Chief Justice of England, to supply the place of the said Lord Keeper, at all times, when the Lord Keeper, during this present Parliament, shall be absent: The tenor of which here followeth verbatim.
ELizabeth by the Grace of God, Queen of England, France and Ireland. Defender of the Faith, &c.
To our Trusty and Right Well-beloved Sir Robert Catlin Knight, Chief Justice of our Common-Pleas, before us to be holden, Greeting.
Where our Right Trusty and Right Well-beloved Counselor, Sir Nicholas Bacon Knight, Lord Keeper of our Great Seal of England, is at this time so visited with Sickness, that he is not able to travel to the Upper House of this our present Parliament, holden at Westminster, nor there to supply the room and place in the said Upper House, amongst the Lord Spiritual and Temporal there Assembled, as to the Office of the Lord Chancellor, or Lord Keeper of the Great Seal of England hath been accustomed; We therefore minding the same place and room to be supplied, in all things as appertaineth, for and during every time of his absence, have named and appointed you, and by these Presents, do Constitute, name, appoint and authorize you, from day today, and time to time, when and so often as the said Lord Keeper shall happen at any time or times, during this present Parliament to be absent from his accustomed place in the Upper House, to occupy, use and supply the room and place of the said Lord Keeper, in the said Upper House, amongst the said Lord's Spiritual and Temporal there Assembled, at every such day and time of his absence, and then and there at every such time, to do and execute all such things, as the said Lord Keeper of the Great Seal of England, should or might do, if he were there personally present, using and supplying the same room. Wherefore we will and Command you the said Sir Robert Catlin, to attend to the doing and Execution of the Premises with effect. And these our Letters Patents shall be your sufficient Warrant and discharge for the same, in every behalf. In witness whereof, we have caused these our Letters to be made Patents.
at Westminster, the 9 th day of April, in the Thirteenth Year of our Reign.
Powle.
Nota, That this Commission is in one respect very exotic, and unusual, because it doth not only give Authority to the Lord Chief Justice to supply the Lord Keepers place, until his recovery and return to Parliament, as is ordinary in other Commissions; but it doth further authorize him to supply the said Lord Keepers place, at any time during this Parliament, when he shall be absent, as well as at this present; whence in this ensuing Journal it is frequent, that sometimes the Lord Keeper, and sometimes the Lord Chief Justice, though seldomer, without any new Commission, do in their several turns continue the Parliament.
Robertus Catlin Miles, Dominus Capital. Justiciarius Banci Regis, continuavit praesens Parliamentum us{que} in diem Crastinum hora nona.
On Tuesday the 10 th day of April, Billa de novo reformata per Dominos, quibus pridie committebatur, touching the bringing in of any Bulls, or other Writings from the Bishop of Rome, was read the first time.
The new Bill touching Receivers, Treasurers, Collectors, &c. defrauding the Queens Majesty of her Treasure, was read the first time.
The Bill touching the Confirmation of the Attainder of Charles Earl of Westmorland, Thomas Earl of Northumberland, and others, was read the first time.
The Lord's requested to have Conference with certain of the House of Commons, touching a Bill brought to them, concerning matters of Religion, whereupon Committees were appointed; viz. the Archbishop of Canterbury, the Marquess of Northampton, and others.
The Lord Keeper continued the Parliament, usque in diem Crastinum horâ Octavâ.
On Wednesday the 11 th day of April, it was Ordered by the House, that the Lord's Committees for the Bill of Bankrupts, may call unto them such of the House of Commons, and others, as they shall think good, which may best inform touching any doubt, or other matter, that may rise upon the said Bill.
Two Bills also had each of them their second reading, of which the second being the new Bill against the bringing in of Bulls, was read the second time, & commissa Justiciario Southcot.
Dominus Capitalis Justiciarius, &c. continuavit praesens Parliamentum us{que} in diem Crastinum hora nona.
On Thursday the 12 th day of April, the Bill against Receivers, Treasurers, &c. was read tertiâ vice, & conclusa, and sent to the House of Commons, by D r Lewis, and D r Huick.
Two Bills also had each of them one reading, of which the first being the Bill for the avoiding of frudulent Deeds, and Gifts, &c. was read primâ vice.
Dominus Custos magni Sigilli continuavit praesens Parliamentum in diem Sabbathi hora Octavâ.
On Saturday the 14 th day of April, a Bill concerning the Commission of Sewers, was brought from the House of Commons, and read primâ vice.
Then the Parliament was continued by the Lord Chief Justice, &c. unto Thursday next horâ nonâ.
On Thursday the 19 th day of April, to which day the Parliament had been last continued on Saturday foregoing, Three Bills of no great moment, had each of them one reading; of which the first being the Bill that the consent and Exemplification of Letters Patents, shall be as good and available as the Letters Patents themselves, was read primâ vice, & commissa Domino Dier Justiciario, & Justiciario Southcot.
Then the Parliament was continued in ordinary form by the Lord Keeper of the Great Seal, unto to Morrow horâ nonâ.
On Friday the 20 th day of April, Five Bills had each of them one reading; of which the first being the Bill against bringing in of Bulls from the See of Rome, was read the second time, & commissa ad ingrossandum, it was read secundâ vice antea, and it seems now some Additions were only read.
The Bill against fraudulent Gifts, Alienations, &c. was read the first time, and thereupon committed unto the Earl of Sussex, Viscount Hereford, and other Lord's, and to the Lord Chief Justice Dier, and Justice Southcot. Vide Apr. 5 th antea. Another Bill committed upon the first reading.
The Parliament was continued in ordinary form by the Lord Keeper of the Great Seal, unto to Morrow horâ nonâ.
On Saturday the 21 th day of April, Two Bills of no great moment, had each of them one reading; of which the first being the Bill against the bringing in and putting in Execution of Bulls, Writings, or Instruments, and other superstitious things, from the See of Rome, was read tertiâ vice, & Communi omnium procerum assensu conclusa, and sent to the House of Commons by Sir Richard Read Knight, and D r Yale.
The Bill against fraudulent Gifts, Alienations, &c. was read primâ vice, but it should rather seem, That this Bill was read secundâ vice, in respect that it had its first reading before on Friday the 20 th day of this instant April; and being then committed, was either now upon the bringing in of it again by the Committees, read the second time; or else some Additions or Amendments thereof annexed unto it, by the said Committees, were now read the first time, and not the Bill itself; but whether it were the one or the other, it may easily be conjectured, that this Bill was dashed in the House, upon the said reading this Forenoon; for on Wednesday the 25 th day of this instant April ensuing, a new Bill (as is very probable) with this very Title, had its first reading.
The Bill for Commissions of Sewers, was committed unto the Earl of Bedford, the Bishop of Worcester, the Bishop of Eli, the Lord Admiral, the Lord Burleigh, the Lord Rich, the Lord ..... the Lord Darcie, de Dethick, and unto Justice Southcot.
Nota, That the Bill here committed, is not mentioned to have had any reading at this time, although it were most probable, that this commitment had reference to the second reading of the Bill in the Morning Yesterday, notwithstanding that the second reading thereof be there omitted, as a matter of no great moment, which is a thing both likely and usual; neither do there want Presidents of this nature in the very next Session of Parliament ensuing, in An. 14 Reg. Eliz. where divers Bills are referred to Committees, although there be no mention made of any reading they had: Ut vide on Wednesday the 28 th day of May, on Wednesday the 4 th day, on Tuesday the 9 th day of June, in anno Praedicto.
Dominus Custos magni Sigilli continuavit praesens Parliamentum us{que} in diem Mercurii prox. horâ Octavâ.
On Wednesday the 25 th day of April, Three Bills of no great moment, had each of them one reading; of which the first being the Bill for the Confirmation of the Attainder of Charles Earl of Westmorland, Thomas Earl of Northumberland, and others, was read secundâ vice, & commissa ad ingrossandum.
Dominus Custos magni Sigilli continuavit praesens Parliamentum us{que} in diem Crast. horâ nonâ.
On Thursday the 26 th day of April, Three Bills of no great moment, had each of them one reading; of which the third being the Bill for avoiding of fraudulent Gifts, was read secundà vice, and committed to the Earl of Sussex, Viscount Hereford, and others, and to Serjeant Barham, and the Queens Solicitor.
Dominus Custos magni Sigilli continuavit praesens Parliamentium us{que} in diem Sabbathi prox. horâ nonâ.
On Saturday the 28 th day of April, Five Bills of no great moment, had each of them one reading; of which the fourth being the Bill for the Confirmation of the Attainder of Charles Earl of Westmorland, Thomas Earl of Northumberland, and others, was read tertiâ vice, & conclusa. And the fifth and last, being the Bill for the reviving and continuance of certain Statutes, was read tertiâ vice, & conclusa, and sent to the House of Commons by Serjeant Barham, and the Queens Solicitor.
Dominus Custos magni Sigilli continuavit praesens Parliamentum us{que} in diem Lunae prox. horâ nonâ.
April the 29 th Sunday.
On Monday the 30 th day of April, Four Bills of no great moment, had each of them one reading; of which the second being the Bill against Usury, was read the second time, and committed unto the Archbishop of Canterbury, the Earl of Sussex, the Earl of Huntingdon, the Earl of Leicester, the Bishop of Winchester, the Bishop of Worcester, the Bishop of Chichester, the Bishop of Lincoln, and others; and to Serjeant Barham, and the Solicitor General.
Dominus Custos magni Sigilli continuavit praesens Parliamentum us{que} in diem Crastinum horâ Octavâ.
On Tuesday the first day of May, the Bill to make a free Denizen Peregrine Barty, Son of Richard Barty Esq, and Katherine Dutchess of Suffolk his Wife, was read primâ vice.
Four Bills were brought from the House of Commons, of which one was the Bill against Fugitives over the Sea. Another was the Bill for the Town of Shrewsbury.
Three Bills also had each of them one reading, of which the second being the Bill against fraudulent Deeds, Gifts, Alienations, &c. was read tertiâ vice & conclusa, & commissa Sollicitatori Dominae Reginae, & Doctori Lewis, in Domum Communem deferend.
Dominus Custos magni Sigilli continuavit praesens Parliamentum us{que} in diem Crastinum horâ Octavâ.
On Wednesday the second day of May, Five Bills of no great moment, had each of them one reading; of which the second being the Bill touching William Skeffington, was read primâ vice, and the third against Fugitives over the Seas, was read primâ vice & commissa unto divers Lord's Spiritual and Temporal, of which the Lord Hastings of Loughborough, a Grand Papist, was one.
Dominus Custos magni Sigilli continuavit praesens Parliamentum us{que} in diem proximum horâ nonâ.
On Thursday the 3 d day of May, Five Bills of no great moment, had each of them one reading; of which the fourth being the Bill touching Dilapidations by Ecclesiastical persons, was read primâ vice, and committed unto Viscount Hereford, Viscount Montague, the Bishop of Winchester, the Bishop of Worcester, the Bishop of Eli, the Bishop of Rochester, the Bishop of Carlisle, the Bishop of Lincoln, the Lord Grey, the Lord Cobham, Doctor Louis, and Doctor Yale.
Nota, Though it be very usual in most of the Journals of her Majesty's Reign, for the Judges and sometimes for the Queens Learned Council to be nominated joint Committees with the Lord's, this present commitment foregoing is a very rare and unusual President, in respect that two Doctors only (as I conceive) of the Civil Law, are made joint Committees as aforesaid. But the reasons of this here may well be, in respect that this Bill concerned Dilapidations, properly belonging to the Ecclesiastical Courts, in which they are for the most part best Experienced. And this may be a cause also, that the Spiritual Lord's in this Committee are more than the Temporal, which is very seldom or rarely seen, but in some such like Case.
Two Bills were brought from the House of Commons, of which the second was the Bill for the Ministers of the Church to be of sound Religion.
Dominus Custos magni Sigilli continuavit praesens Parliamentum us{que} in diem Sabbati proximum horâ nonâ.
A Release at large, and ad verbum, by Henry Sacheverill of Risby, in the County of Leicester, Gent., unto William Skeffington, and his Heirs, of all the right, which the said Henry Sacheverill had by Feoffment of William Skessington Esq, and Ralph Sarheverill, and their Cofeoffees, Dated 30 die Januarii, anno 22 Regin. Eliz. in the Manors, Lands, &c. of and in Kersby, Trussington, Thriamoston, Humberston, Silby, Burton super Molez, & in Queenborough in Com. Leicester, which the said William Skeffington and Ralph Sacheverill had from George clemand, and in all other Manors, Lands, &c. lying in the Towns and Fields of Skevington in the County of Leicester, and Stock in the County of Lincoln, or elsewhere in England, cognit. usitat. locat. reputat. seu accept. ut possessiones & haereditamenta praedicti Willielmi Skeffington, Licet tamen re verâ iidem Wilhelmus & Rudolphus nec corum alter eadem maneria, terras, Tenementa & Haereditamenta in illo scripto ultimo nominato mihi praefato Henrico tradere, dimittere, feoffare, concedere, deliberare seu confirmare nimine intenderint, seu voluerint, sed tantummodo idem scriptum taliter continens eadem Maneria, terras, tenementa & haereditamenta, per frandem & deceptionem mei praefati Henrici indebite obtentum suit.
Then the same Deed of Release containeth Warranty of all the Premises unto William Skeffington, and his Heirs, against the said Henry Sacheverill his Heirs and Assigns forever: In cujus rei testimonium huic praesenti scripto meo sigillum meum apposui. Dat. quinto die Martii, Anno Regni illustrissimae Dominae nostrae Elizabethae, Dei Gratia Angliae, Franciae & Hiberniae Reginae, Fidei Defensor. &c. Decimo tertio.
Nota, That Robert Bowyer Esq, who succeeded Sir Thomas Smith Knight, in the place of Clerk of the Upper House, in An. 6 Jacobi Regis, in his Abridgment of the Journal of the Queens time, hath at the end of this business touching Henry Sacheverill, inserted this Note ensuing.
Upon what occasion or how this matter between Skeffington and Sacheverill came in Question in the Parliament, or why other than that a Bill touching William Skeffington was brought from the House of Commons on Tuesday the first day of this instant May preceeding, and had its first reading on Wednesday the 2 d day, and its second reading on Thursday the 3 d day of the same Month foregoing, and was also read the third time and concluded, on this present 5 th day of May, on which the said Release was Entred in the Parliament Book, appeareth not in the Journal so much as by circumstance, which seemeth to have happened through the negligence of the Clerk of the Parliament, who was either M r Spilman, or M r Anthony Mason alias Weeks.
On Saturday the 5 th day of May, to which, it should seem, the preceeding Release is to be referred, Four Bills of no great moment, had each of them one reading; of which the third being the Bill whereby certain offenses be made Treason, was read secundâ vice, and committed unto the Archbishop of Canterbury, and others.
Two Bills also were brought to the Lord's from the House of Commons, of which the first was the Bill for the coming to Church, and receiving the Communion.
Dominus Custos magni Sigilli continuavit praesens Parliamentum us{que} in diem Lunae prox. hora Octavâ.
May the 6 th Sunday.
On Monday the 7 th day of May, Eight Bills of no great moment, had each of them one reading; of which the last being the Bill touching Dilapidations by Ecclesiastical Persons, was read primâ vice, and committed unto the Lord's, that were before in that Bill appointed; whose names see on Thursday the third day of this instant May foregoing; and the Earl of Leicester and the Lord of Loughborough were added unto them.
Dominus Custos magni Sigilli continuavit praesens Parliamentum us{que} in diem Crastinum horâ nonâ.
On Tuesday the 8 th day of May, Four Bills of no great moment, had each of them one reading; of which the last being the Bill for respite of Homage, was read secundâ vice, & commissa Attornato & Sollicitatori Dominae Reginae.
The fourth lastly, being the Bill whereby certain offenses be made Treasons, was read tertiâ vice, & conclusa, with a new Proviso added thereunto by the Lord's, and certain Amendments, and committed to M r Attorney, and M r Solicitor, to be carried to the House of Commons.
Dominus Custos magni Sigilli continuavit praesens Parliamentum us{que} in diem Crastinum horâ Octavâ.
On Wednesday the 9 th day of May, the Bill for coming to Church and receiving the Communion, was read secundâ vice, and committed to the Earl of Sussex, the Earl of Huntingdon, the Earl of Bedford, Viscount Montague, the Bishop of Winchester, the Bishop of Hereford, the Bishop of Salisbury, the Bishop of Lincoln, the Lord Burleigh, the Lord Cobham, the Lord Lumley, the Lord Hastings of Loughborough, and Serjeant Barham.
Dominus Custos magni Sigilli continuavit praesens Parliamentum us{que} in diem Crastinum horâ Octavâ.
On Thursday the 10 th day of May, Four Bills of no great moment, had each of them one reading; of which the second being the Bill for the appointing of two several Sheriffs for the Counties of Cambridge and Huntingdon, was read secundâ vice, & commissa ad ingrossandum.
And the last, that no Purveyors shall take any Corn, Grain or Victuals, within five Miles of Cambridge and Oxford, was read primâ vice.
Nota, That Cambridge is here ranked before Oxford in the title of this Bill.
Nine Bills were brought up to the Lord's from the House of Commons; of which the third being the Bill against the bringing in and putting in Execution of Bulls, &c. from the See of Rome, was returned (as it seemeth) not expedited; for the Journal-Book doth not set it down conclus., as in like Cases is usual.
The Earl of Sussex, the Earl of Bedford, the Earl of Winchester, the Bishop of Eli, the Lord Burleigh, and the Lord Wentworth, were appointed to confer with certain of the House of Commons about the Bill of Tellors, &c.
The Bill for increase of Tillage, and maintenance of the Navy, was referred to Committees; of which two were Viscount Hereford, and Viscount Montague, but no mention is made of the reading of it; of which nature see a like President on Saturday the 21 th day of April foregoing.
Dominus Custos magni Sigilli continuavit praesens Parliamentum us{que} in diem Sabbati horâ Octavâ.
On Saturday the 12 th day of May, the Bill for two Fifteenths and Tenths, and one Subsidy granted by the Laity, was read primâ vice.
Seven Bills were brought up to the Lord's from the House of Commons; of which one was the Bill to restrain the Oppression of Common Promoters; and another for the maintenance of Navigation.
Four Bills also had each of them one reading, of which the third being the Bill for Restitution in Blood of the Children of Sir Thomas Wyatt Knight, was read tertiâ vice, & conclusa.
The Bill lastly, against the bringing in of Bulls, &c. was committed to the Lord's, that were in the Committee for the Bill of Treasons; who were appointed on Saturday the 5 th day of this instant May foregoing, to confer therein in certain points, with certain of the House of Commons.
Dominus Custos magni Sigilli continuavit praesens Parliamentum us{que} in diem Lunae prox. horâ Octavâ.
May the 13 th Sunday.
On Monday the 14 th day of May, Nine Bills of no great moment, had each of them one reading; of which the second being the Bill for one Subsidy and two Fifteenths and Tenths, granted by the Laity, was read secundâ vice. Vide May 16. postea, The reason why no Commitment. And the last for Orders for Bankrupts, was read secundâ vice & commissa ad ingrossandum.
Three Bills which passed this day with the Bill for Restitution in Blood of the Children of Sir Thomas Wyatt Knight, were sent to the House of Commons by M r Solicitor, and Doctor Lewis.
The Bill for respite of Homage, was referred to Committees, but no mention made of the reading of it; of which see a like President on Saturday the 21 th day of April foregoing.
Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in diem Crastinum horâ Octavâ.
On Tuesday the 15 th day of May, Five Bills had each of them one reading; of which the first being the Bill for one Subsidy and two Fifteenths and Tenths, granted by the Laity, was read secundâ vice, & conclusa.
Five Bills were brought to the Lord's from the House of Commons, of which one was for the Confirmation of the Attainder of Charles Earl of Westmorland, and Thomas Earl of Northumberland and others, with a Proviso and Amendments. And another was the Bill for the Town of Lestwithiell in the County of Cornwall.
The Bill lastly against Simony was read secundâ vice, and committed to the Earl of Huntingdon, the Earl of Bedford, the Bishop of Winchester, the Bishop of Eli, the Bishop of Salisbury, the Bishop of Lincoln, the Lord Burleigh, the Lord Shandois, the Lord Hastings, and the Lord Hunsdon: And to the same Committees was likewise committed the Bill against corrupt Presentations.
Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in diem Crastinum horâ Octavâ.
On Wednesday the 16 th day of May, Three Bills of no great moment, had each of them one reading; of which the third being the Bill touching Orders for Bankrupts, was read tertiâ vice, & conclusa, and sent to the House of Commons, by Doctor Yale, and Doctor Huick.
The Proviso and Amendments required by the House of Commons, to be put in the Bill for Confirmation of the Attainder of the Earls of Westmorland and Northumberland, &c. were thrice read, and the Lord's gave their Assent thereunto.
The Amendments likewise in the Bill for Constats and Exemplifications of Letters Patents, being thrice read, the Lord's also gave their Assents.
Dominus Custos magni Sigilli continuavit praesens Parliamentum us{que} in horam secundam post Meridiem.
About which hour the Lord Keeper and divers other Lord's, both Spiritual and Temporal, meeting, thirteen Bills of no great moment, had each of them one reading; of which the third touching Dilapidations, the fifth for Confirmation of a Subsidy granted by the Clergy, and the twelfth that no Hay or Plate shall cross the Seas, were each of them read the second time, and ordered to be engrossed.
And of the said Bills the second being to License the Earl of Leicester to Erect an Hospital, the fourth for the making of the River of Welland Navigable, the eighth for the maintenance of Navigation, and the tenth for the continuance of making of Caps, were each of them read secundâ vice; but no mention is made, that they were either ordered to be engrossed, or referred to Committees, of which there can be but two Reasons; the first, that the Lord's deferred the committing or ingrossing thereof until some other time, as fell out before in the Bill touching the Commission of Sewers; which being read secundâ vice, on Friday the 2 d day of April foregoing, was referred to a Committee the day following (although sometimes it may be omitted likewise through the negligence of the Clerk of the Upper House) or else another reason there may be, that such Bills having passed the House of Commons, and being sent up to the Lord's fairly engrossed in Parchment, can be no more engrossed, neither do the Lord's ordinarily refer such Bills to Committees, unless there be very great Cause, in respect that each House holding correspondency with other, they do not willingly submit that to the agitation of a private Committee, which hath been allowed and approved by the wisdom of a whole House.
There may also lastly a third reason be assigned, in some extraordinary Cases, as this; where Bills of Grace, viz. for the Restitution in Blood of any, and such like, were sent to the House from her Majesty fairly engrossed in Parchment, and Signed with her Hand, which for the most part do pass the House, without any stop or question.
On Thursday the 17 th day of May, to which day the Parliament had been last continued by the Lord Keeper on the day foregoing, Six Bills of no great moment, had each of them one reading; of which the first touching Morrice Rodney Esq, the second for the Town of Lestwithiell in the County of Cornwall, and the last to discharge Sheriffs of the Dyets of the Justices of Assize, were each of them read the second time; but no mention was made, that they were either Ordered to be engrossed, or referred to Committees; of which see the reason at large discussed on the day foregoing, fitly suiting to this present occasion.
Three Bills also of the aforesaid six, had each of them their third reading, and passed the House; of which the first was the Bill for Restitution in Blood of Henry Brercton Esquire, and the second to License the Earl of Leicester to found an Hospital.
Seven Bills of no great moment, were brought from the House of Commons; of which the first being the Bill whereby certain offenses are made Treason, was returned conclusa, with requests that it might be fair written again, which the Lord's performed accordingly on Tuesday the 21 th day of this instant May ensuing.
Three Bills also had each of them one reading; of which the last being the Bill for coming to Church, and receiving the Communion, was read tertiâ vice, & conclusa, dissentientibus Comitibus Wigorn. & Southampton., & Dominis Windsor & Vaux.
Dominus Custos magni Sigilli continuavit praesens Parliamentum us{que} in horam secundam post meridiem.
About which hour the Lord Keeper and divers other Lord's, both Spiritual and Temporal, meeting, six Bills of no great moment, had each of them one reading; of which the first being the Bill for the increase of Tillage, and maintenance of the Navy, was read the second time, and referred to the Committees; of which two were Viscount Hereford, and Viscount Montague.
The Bill also for the Town of Bristol, was read the second time; but there is no mention made, that it was referred to Committees, or ordered to be engrossed, because it had been sent up to the Lord's, from the House of Commons, on Tuesday the first day of this instant May foregoing; of which see a like President on Wednesday the 16 th day of the same Month, immediately preceeding.
Dominus Custos magni Sigilli continuavit praesens Parliamentum us{que} in diem Sabbati hora nona.
On Saturday the 19 th day of May, Eight Bills of no great moment, had each of them one reading; of which the fourth being the Bill for avoiding of delays upon Vouchers in real actions, was read primâ vice, and was thereupon committed to the Lord Dier, Chief Justice of the Common-Pleas, and other the Justices, to consider thereof; and the fifth being the Bill touching the Town of Southampton, was read tertiâ vice, & conclusa, with certain Corrections and Amendments thereunto added by the Lord's.
Two Bills were brought up to the Lord's from the House of Commons; of which the first being the Bill for the preservation of Timber and Wood, was read primâ vice.
The Bill for Southampton, the Bill for the Subsidy of the Clergy, and Fugitives over the Seas, were delivered to Doctor Lewis, and Doctor Yale, to be carried to the House of Commons.
Dominus Custos magni Sigilli continuavit praesens Parliamentum us{que} in horam secundam post Meridiem.
About which hour the Lord Keeper and divers other Lord's meeting, Six Bills of no great moment, had each of them one reading; of which the third being the Bill to restrain the oppression of common Promoters; and the last for the avoiding of Perjury in Clerks Convict, were each of them read secundâ vice; but no mention is made, that they were ordered to be engrossed, or referred to the Committees, because they had been formerly sent unto the Lord's from the House of Commons, on Saturday the 12 th day, and on Tuesday the 15 th day of this instant May foregoing; of which see a like President on Wednesday the 16 th day of the said Month of May preceeding.
Dominus Custos magni Sigilli continuavit praesens Parliamentum us{que} in diem Lunae prox. horâ nonâ.
May the 20 th Sunday.
On Monday the 21 th day of May, Eight Bills had each of them one reading; of which the last being the Bill against Vagabonds, and for relief of the Poor, was read secundâ vice; but no mention is made, that it was either ordered to be engrossed, or referred to Committees, because it had been sent up unto the Lord's from the House of Commons, on Saturday the 19 th day of this instant Month of May preceeding; although it be there omitted.
The second of the said eight Bills, being for the preservation of Wood, was read the second time, and committed unto divers Lord's, and unto the Queens Solicitor.
The Bill for Confirmation of a Subsidy granted by the Clergy, was returned by the Lord's from the House of Commons conclusa.
Dominus Custos magni Sigilli continuavit praesens Parliamentum us{que} in horam secundam post Meridiem.
About which hour the Lord Keeper and divers other Lord's, both Spiritual and Temporal meeting; Three Bills of no great moment, had each of them one reading; of which the second being the Bill for the Commutation of Penance in Clerks Convict, was read secundâ vice, & commissa unto the Earl of Hereford, Viscount Hereford, the Bishop of Winchester, and the Bishop of Worcester.
Dominus Custos magni Sigilli continuavit praesens Parliamentum us{que} in diem proximum horâ Octavâ.
On Tuesday the 22 th day of May, the Bill to make the Lands and Tenements of Tellors, &c. liable to the payment of their Debts, was read tertiâ vice & conclusa & missa in Domum Communem by Doctor Lewis and Doctor Yale, together with the Bill of Treasons, newly written out and examined by six of the Lord's, according to the request of the House of Commons on Thursday the 17 th day of this instant May foregoing; viz. the Earl of Huntingdon, the Earl of Bedford, Viscount Montague, the Bishop of Worcester, the Bishop of Salisbury, and the Bishop of S t David's.
Two Bills also of no great moment, had each of them one reading; of which the second being the Bill to restrain the oppression of common Promoters, was read tertiâ vice, & conclusa, with certain Amendments added thereunto.
Five Bills were brought up to the Lord's from the House of Commons; of which the first was the Bill to make the River of Welland Navigable, the second against Simony; the third for the severance of Sheriffs in the Counties of Bedford and Buckingham; the fourth for the erection of a Grammar-School and writing-School in the Borough of Southwark; and the last for the making of William Watson a free Denizen.
Dominus Custos magni Sigilli continuavit praesens Parliamentum us{que} in horam secundam post Meridiem.
About which hour the Lord Keeper and divers other Lord's both Spiritual and Temporal, meeting, Two Bills of no great moment, had each of them one reading; of which the first being the Bill for the Erection of a Grammar-School and Writing-School in the Borough of Southwark, was read primâ vice.
The Bill to restrain the Oppression of common Promoters, was sent to the House of Commons, by M r Attorney and Doctor Huick.
Dominus Custos magni Sigilli continuavit praesens Parliamentum us{que} in diem proximum horâ Octavâ.
On Wednesday the 23 th day of May, Two Bills of no great moment, had each of them one reading; of which the second being the Bill touching Priests disguising themselves, was read the first time.
Ten Bills were brought from the House of Commons, the first to License the Earl of Leicester to found an Hospital; the second whereby certain offenses be made Treasons; the third against fraudulent gifts to the intent to defeat Dilapidations; the fourth for the paving of the Town of Ipswich; the fifth whereby the Queens Majesty's Servants in Ordinary of her Household and Chamber, shall not be returned on Juries; the sixth against the bringing in of Foreign Wares forbidden; the seventh for the continuance of Sheriffs of sundry Counties; the eighth for the bringing in of Bow-staves into the Realm; the ninth for Ministers of the Church to be sound in Religion; and the tenth for paving of a street without Aldgate.
Dominus Capitalis Justiciarius continuavit praesens Parliamentum us{que} in horam secundam post Meridiem.
Nota, That here the Lord Chief Justice did continue the Parliament unto the Afternoon, by Virtue of that Authority which was given unto him by her Majesty's Commission, under the Great Seal of England, and set down at large on Monday the 9 th day of April foregoing.
On the said 23 th day of May, in the Afternoon, Seven Bills of no great moment, had each of them one reading; of which the third being the Bill for the paving of a Street without Aldgate; the fourth for the bringing in of Bows-staves into the Realm; and the sixth for the paving of the Town of Ipswich; were each of them read the second time; but no mention is made, that they were either referred to the Committees, or ordered to be engrossed, in respect that they had been sent up to the Lord's from the House of Commons, this present Wednesday in the Forenoon; of which see a like President on Wednesday the 16 th day of this instant May foregoing.
The last also of the said seven Bills, touching Priests disguising themselves in strange Apparel, was read the second time, & commissa ad ingrossandum.
Dominus Capitalis Justiciarius continuavit praesens Parliamentum us{que} in diem proximum horâ Octavâ.
On Thursday the 24 th day of May, Five Bills of no great moment, had each of them one reading; of which the first being the Bill for the maintenance of the Navy, and for increase of Tillage; and the second for incorporating and uniting of Weymouth, and Melcomb-Regis in Com. Dorset, were each of them read secundâ vice, & commissae ad ingrossand.
Eight Bills were brought up to the Lord's from the House of Commons; the first being the Bill for coming to Church, and receiving the Communion; the second touching order for Bankrupts; the third for the Commission of Sewers; the fourth for the appointing of two Sheriffs for the two Counties of Huntingdon and Cambridge; the fifth for the restitution in Blood of Sir Thomas Wyat's Children; the sixth, that no Hay or Plate shall cross the Seas; the seventh for speedy Trial to be had upon Issues in the Counties of Salop. and Hereford; and the last was the Bill for the Trial of Felons in the twelve Shires of Wales.
Dominus Custos magni Sigilli continuavit praesens Parliamentum us{que} in horam secundam post Meridiem.
About which hour the Lord Keeper and divers other Lord's, both Spiritual and Temporal, being Assembled, Two Bills of no great moment, had each of them one reading; of which the first being the Bill for the Incorporation of both Universities, and the second for the Trial of Felons in the twelve Counties of Wales, were each of them read primâ vice.
The Bill for coming to Church, and the Bill for severance of Sheriffs in the Counties of Bucks and Bedford, were delivered to Doctor Yale and Doctor Vaughan, to be carried to the House of Commons.
Two Bills also had each of them one reading; of which the first being the Bill for the speedy Trial to be had upon Issues in the Counties of Salop and Hereford, was read prima vice & commissa Justiciario Harper.
Three Bills were brought up to the Lord's from the House of Commons; the first to restrain the oppression of common Promoters; the second for the restitution in Blood of Henry Brereton Esquire; and the third for John Tirrell Esq.
The Bill for the paving of the Town of Ipswich, was read tertiâ vice, & conclusa.
Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in diem Crastinum horâ Octavâ.
On Friday the 25 th day of May, Three Bills had each of them one reading; of which the first was for the Incorporation of both Universities; the second for the Incorporation and uniting of Weymouth and Melcomb-Regis, in Com. Dorset; and the third for increase of Tillage, and maintenance of the Navy; they had each of them their third reading; and passed upon the question. And were sent to the Commons by M r Attorney, and Doctor Vaughan.
Five Bills also of no great moment, had each of them one reading; of which the last being the Bill whereby the Queens Majesty's Ordinary Servants of Household and Chamber, shall not be returned on Juries, was read tertiâ vice & reject.
Two Bills were brought up to the Lord's, from the House of Commons; of which the first being the Bill for coming to Church, and receiving the Communion, was returned conclusa.
Dominus Custos magni Sigilli continuavit praesens Parliamentum us{que} in horam secundam post Meridiem.
About which hour the Lord's met, but nothing was done save only the continuance of the Parliament by the Lord Keeper, us{que} in diem proximum horâ Octavâ.
On Saturday the 26 th day of May, Three Bills were sent up to the Lord's from the House of Commons; of which the first being the Bill that no Purveyor shall take Grain, Corn or Victual, within five Miles of Cambridge and Oxford, was returned with certain Amendments, and so the Bill was concluded.
Two Bill also were brought from the House of Commons; of which the first was the Bill for the Incorporation and uniting of Weymouth, and Melcomb-Regis in Com. Dorset; and the second for the Town of Southampton.
The Bill touching Licences and Dispensations, was committed to the Archbishop of Canterbury, and others, and to Doctor Lewis, and Doctor Huick.
The Bill lastly for limitation of the Fees of Counselors, and others, towards the Law, was read secundâ vice, & commissa ad ingrossandum.
Dominus Custos magni Sigilli continuavit praesens Parliamentum us{que} in horam secundam post Meridiem.
About which hour the Lord Keeper and divers other Lord's Assembling, Three Bills had each of them one reading; of which the second touching the Limitation of Fees of Counselors, and others towards the Law, was read tertiâ vice & conclusa, and sent to the House of Commons, by Doctor Lewis, and Doctor Vaughan.
Four Bills were brought from the House of Commons, of which the first was the Bill against Fugitives over the Seas; the second for Incorporation of both Universities; with a new Proviso added by the House of Commons, and certain Amendments, which were thrice read and assented unto; the third for reviving and continuance of Statutes; and the last touching corrupt Presentations.
The Bill touching severance of Sheriffs of sundry Counties, was read the second time; but no mention is made, that it was either referred to Committees, or ordered to be engrossed, in regard it had been sent up to the Lord's from the House of Commons, on Wednesday the 23 th day of this instant Month of May preceeding: of which see a like President on Wednesday the 16 th day of the same Month foregoing.
The Bill against Fugitives, was sent to the House of Commons by Doctor Lewis and Doctor Yale, with the latter Proviso put out, and all other Amendments.
Three Bills were brought from the House of Commons, the first against Fugitives over the Seas, and the second for the increase of Tillage, and maintenance of the Navy.
Dominus Custos magni Sigilli continuavit praesens Parliamentum us{que} in diem Lunae prox. horâ nonâ.
May the 27 th Sunday.
On Monday the 28 th day of May, Four Bills of no great moment, had each of them their third reading, and passed the House; of which the first was the Bill for John Tirrell Esq; and the second for the increase of Tillage, and maintenance of the Navy.
Two Bills were sent at several times unto the Lord's from the House of Commons, of which the first being for the bringing in of the River of Lee to the North-side of the City of London, was returned with a new Proviso, and certain Amendments added by them of the House of Commons. And the second also for the assurance of certain Lands to the Lord Berkeley, and the Lady Katherine his Wife, was returned with certain Amendments and a Proviso added thereunto.
Dominus Custos magni Sigilli continuavit praesens Parliamentum us{que} in horam secundam post Meridiem.
About which hour the Lord Keeper, and divers Lord's meeting, the Bill for the bringing in of the River of Lee, to the North-side of the City of London, was read tertiâ vice, with certain Provisoes and Amendments added thereunto by the House of Commons, and Assented unto by the Lord's.
Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in diem Crastinum horâ Octavâ.
On Tuesday the 29 th day of May, the Bill touching the Queens Majesty's most Gracious, General and free Pardon, was read primâ vice, & conclusa.
Dominus Custos magni Sigilli continuavit praesens Parliamentum us{que} in horam secundam post Meridiem.
About which hour the Lord Keeper, and divers other Lord's Assembling, Six Bills were brought from the House of Commons; of which the first being for the continuance of the severance of Sheriffs in sundry Counties, and the second to make the Lands, Goods and Chattels of Tellors, &c. liable to the payment of their Debts, were each of them returned conclusae.
The Bill of the Queens Majesty's general and free Pardon, was returned conclusa.
Note that Robert Bowyer Esq, who succeeded Sir Thomas Smith in the place of Clerk of the Upper House, in An. 6 Jacobi Regis, in his Abridgment of the Journals of the said House, during the Queens Reign, hath in this place upon the sending up of the aforesaid Bill of Pardon, left this Animadversion following; viz.
It seemeth the Clerks negligence that the sending of this Bill to the Lower House, is not set down in the Journal-Book: also by entrance of the returning thereof, it seemeth that the same was sent single, alone by special Messengers, and not with the other six Bills.
Nota also, That all the following passages of this Afternoon, excepting the entrance only of the Dissolution of the Parliament, are all transcribed out of the Original Journal-Book of the House of Commons, and the Speech of Sir Nicholas Bacon the Lord Keeper, was transcribed out of a Copy thereof which I had by me; as was also the manner of her Majesty's passing the several Acts supplied by myself, according to the ordinary use of a former President thereof. None of all which passages (excepting that only touching the entrance of the Dissolution of the said Parliament) are at all found in the Original Journal-Book of the Upper House: But do now come to be supplied out of those other abovementioned Manuscript Monuments; and in the first place out of the Original Journal-Book of the House of Commons, in manner and form following.
About four of the Clock in the Afternoon, the Queens Majesty being sat in her Royal Seat, in the Upper House, M r Speaker made his Oration, presented unto her Majesty the Book of the Subsidy, and in the name of the whole House, gave her Majesty most humble thanks for her Highness general and free Pardon, and prayed her Majesty's Royal Assent unto such Acts and Laws, as had passed both the Houses in this Session.
This being thus transcribed out of the Original Journal-Book of the House of Commons, fol. 39. a. now follows the Answer of Sir Nicholas Bacon, Lord Keeper of the Great Seal, at large, which he made unto the Speakers Speech, being transcribed out of a Copy I had by me.
M r Speaker, The Queens Majesty hath heard, and doth very well understand, how discreetly and wisely you have declared the Proceedings of this Session in the Nether House; for Answer whereof, and for the better signification of what her Majesty's opinion is, both of Parliament men and Parliament matters; this is to let you understand, her Majesty hath Commanded me to say unto you, that, like as the greatest number of them of the Lower House, have in the proceedings of this Sessions shown themselves modest, discreet and dutiful, as becomes good and loving Subjects, and meet for the places that they be called unto: So there be certain of them, although not many in number, who in the proceeding of this Session, have shown themselves audacious, arrogant and presumptuous, calling her Majesty's Grants and Prerogatives also in question, contrary to their Duty and place that they be called unto; And contrary to the express Admonition given in her Majesty's name, in the beginning of this Parliament; which it might very well have become them to have had more regard unto. But her Majesty saith, that seeing they will thus willfully forget themselves, they are otherwise to be remembered: and like as her Majesty allows and much commends the former sort, for the respects aforesaid, so doth her Highness utterly disallow, and condemn the second sort, for their audacious, arrogant and presumptuous folly, thus by superfluous Speech spending much time in meddling with matters neither pertaining to them, nor within the capacity of their understanding.
And thus much concerning the Parliament of the Lower House.
And as to the Lord's here of the Upper House, her Majesty hath Commanded me to let you know, that her Highness taketh their diligence, discretion and orderly Proceedings, to be such, as redoundeth much to their Honor and Commendations, and much to her Comfort and Consolation. And here an end touching Parliament men.
Now as to the Parliament matters, her Majesty hath Commanded me to open and declare unto you, her Opinion conceived therein, touching two things; the one is concerning the Subsidy and benevolence, the other is concerning the Execution of the Laws. As to the former, which concerneth the Subsidy and benevolence, her Pleasure is, that I shall say unto you, that in your dealings in that matter, she hath noted three things principally; every of them tending much to the setting forth of your benevolences, and good wills; The first is, who it was that granted, the second the manner of the granting, the third what it was that was granted. As to the first, her Majesty forgetteth not, that it is a grant made proceeding from the earnest affections, and hearty good wills of her good, dutiful and obedient Subjects, for the greatest part. And therefore hath Commanded me to say unto you, that she maketh a greater accompt of the great good wills and benevolent minds of her good and loving Subjects, than she doth of ten Subsidies; which as it ought to bring and breed in us great comfort and delight, so in reason it ought to move us (as I doubt not but it doth) to be and continue such as be worthy such an estimation and accompt. Again, her Majesty forgetteth not, that besides this is not a Grant by good and loving Subjects, that never made like Grant heretofore; but by such as have contributed from time to time, as the necessary Charges of the Realm, and their own Sureties have required; which doth much commend and set forth this benevolence of yours. And thus much concerning the persons that have granted.
And as to the second, which is the manner of granting, her Highness knoweth very well, that before her time these manner of Grants have sundry times past, not without difficulties, with long persuasions, and sometimes not without sharp Speeches, but this contrariwise without any such Speeches or other difficulty hath been freely and frankly offered and presented; and like as the former did much extenuate their benevolence, so is this of yours greatly extended. It is written and very truly, concerning Benevolences, Qui diu distulit diu noluit, and therefore justly concluded, Bis dat qui cito dat; which sayings she cannot but apply to you, in the proceedings of your Grant.
Again, Universality in consent doth greatly commend also your dealings in this matter; for a more universal consent than was in this, will hardly be had in any; and therefore much the more commendable. And thus much touching the manner of the Gift.
And as to the third, which concerneth the thing given, her Majesty saith, that she thinketh it to be as great as any heretofore hath been granted, and therefore you are to receive condign thanks for it. And hath further willed me to say, that if the Service of the Realm and your Sureties would so permit and suffer, her Majesty would as gladly, as readily, and as frankly remit this Grant, as you have freely and liberally granted it. Thus I have remembered unto you the three Princely Observations, that her Majesty hath conceived of this benevolence of yours, much to your Comfort, and greatly to her Majesty's Honor; to your Commendation for granting, and to her Highness for this honorable accepting; for her Majesty shall by this Grant receive no Commodity or benefit, but rather a continual care in dispending and employing of it, about the necessary Affairs and Service of the Realm, and your Sureties; and yet it is a great Comfort to her Majesty, to see you thus frankly and freely join with her Self, the Realm, and You.
Now to the second and last part, which concerneth the Execution of Laws, which I mean to divide into two parts; the first is the Execution of your Grant, the second is the Execution of Laws, now made by you, and of the rest made before of others. As to the former, I am to remember you, that like as it hath pleased the Queens Majesty thus Princely, Honourably and thankfully, to think of and accept this free and liberal Grant of yours; so certainly, if the like diligence and endeavor be not used, by such of you as Choice shall be made of by her Majesty for the due putting in Execution of this Grant, then surely those that shall be thus remiss, or negligent, as by that means her Majesty and the Realm shall be defrauded of any part of that which hath been thus freely granted, shall thereby minister just occasion to her Highness to have their fidelity and truth towards her Majesty, much to be suspected and charged; which would touch them very near. Neither is it an offense that would be pretermitted, but severely punished. Why, if the Case were between common persons, can there be a greater untruth and unthankfulness, than for a man to make a grant in appearance willingly and readily, and then to seek wilily and craftily to defraud the same Grant? This amongst honest persons, is utterly detested, and if so, how then might it be thought of between the Prince and his Subjects? where for divers respects this bond is thrice as great; for as the Subject by the Duty of his Allegiance, is to serve the Prince truly, even so is he by his Oath, and so is he by the great trust, that by the Princes Choice is committed unto him, as a Commissioner in this matter, above others. Plainly to speak, it may be affirmed, and that justly, that such as be in Commission for the Execution of this Grant, and shall deal partially, either for favor, or for fear, or for love to themselves, or their Friends, or negligently or remissly, of purpose whereby her Majesty shall not be Answered of that that is due unto her, such I say, may justly be charged as men forgetting their Duty towards God, and their Sovereign, and to their Country. It cannot be denied, that numbers respect only their private profit, and not the universal profit of the Realm, which is their surety and defense; they respect themselves, as private persons, and not as Members of the Universal Body; but their imperfection would be supplied by the wisdom and persuasion of such, as the Queens Majesty shall commit trust unto by her Commission, to see this Subsidy well and truly levied.
And thus much for the Execution of the Grant; Now to the Execution of Laws, made by you, and the rest made heretofore by others. I am to remember you, that all these labors, travels and pains taken about the Laws now made, and before time taken about the rest heretofore made, and all the Charge sustained by the Realm about the making of them, is all in vain, and labor lost, without the due Execution of them. For, as it hath been said, a Law without Execution, is but a Body without Life, a Cause without an Effect, a Countenance of a thing, and indeed nothing; Pen, Ink, and Paper, are as much towards the Governance of the Common-Wealth, as the Rudder or Helm of a Ship serveth to the Governance of it without a Governor, and as Rods serve for Correction without hands. Were it not a mere madness for a man to provide fair Torches to guide his going by Night, and when he should use them in the dark, to carry them unlight? or for one to provide fair and handsome Tools to prune or reform his Orchard, or Garden, and to lay them up without use? And what thing else is it to make wholesome and provident Laws in fair Books, and to lay them up safe, without seeing them Executed? Surely in reason there is no difference between the Examples, saving that the making of Laws, without Execution, is in much worse Case, than those vain provisions before remembered; for those, albeit they do no good, yet they do no hurt; but the making of Laws without Execution, does very much harm; for that breeds and brings forth contempt of Laws, and Law-makers, and of all Magistrates; which is the very foundation of all misgovernance, and therefore must needs be great and heinous in those, that are the Causers of this; indeed they are the very occasions of all injuries and injustice, and of all disorders and unquietness in the Common-Wealth. For certain and evident it is, that the Queens Majesty, that is Head of the Law doth all meet for her Majesty to do, for the due Execution of them. First, She giveth her Royal Assent to the making of them, the most material of them she Commandeth to be Proclaimed, and published; and yet ceaseth not there, but she granteth out her Commission into every of her Shires, to men which are or should be of greatest consideration within the limits of their Charge, which for the better Executing of them are Sworn to see the Execution of her Laws to them Committed, within the Limits of their Commissions: and yet besides all this, by her Majesty's Commandment, a number of these Justices are Yearly once at the least called into her Highnesses Star-Chamber, and there in her Majesty's Name, Exhorted, Admonished and Commanded, to see the due Execution of their Charges.
And thus you see her Majesty Enacteth, Proclaimeth, Committeth, Exhorteth, Admonisheth and Commandeth from time to time; yea, what can be devised meet for her Majesty to do, for help if this, that is left undone? Surely nothing, to her Majesty's Honor and Renown. Whereupon it followeth necessarily and consequently, that the whole burden of the offense and enormity must light upon us, that are put in trust by her Majesty, to see those Laws Executed; and certainly this offense groweth great or little, as the trust Committed for the Execution of Laws, is great or little; and therefore it standeth us greatly upon, to use our whole Cares and Endeavors, for the help of this hereafter. Were it possible, trow you, that if Justices being dispersed through the whole Realm, as they be, did carefully and diligently endeavor themselves, according to the Trust committed unto them, by their Sovereign, duly and truly to Execute their Charge, as they be bound by their Oath to God, and by their Allegiance to their Sovereign, and by Duty to their natural Country, and rightly considered, by the love they should bear to themselves and their Posterity (for if their Country do not well, they shall fare but illfavouredly) were it possible, I say, if this were so done, that Laws should be thus remissly and negligently Executed? No, doubtless. Is it not (trow you) a monstrous disguising, to have a Justice a Maintainer; to have him that should by his Oath and Duty set forth Justice and Right, against his Oath offer Injury and Wrong; to have him that is specially Chosen amongst a number by a Prince to appease all Brawlings and Controversies, to be a Sower and Maintainer of Strife and Sedition, by swaying and leading of Juries according to his will; acquitting some for gain, Indicting others for Malice, bearing with them, as his Servant or Friend, over-throwing others as his Enemy; procuring the Questmonger to be of his Livery, or otherwise in his danger; that his winks, frownings, and Countenances may direct all Inquests? Surely, surely, these be they that be Subverters of all good Laws and Orders; yea, that make daily the Laws, which of their nature be good, to become Instruments of all Injuries and Mischief; these be they indeed of whom such Examples would be made, as of the Founders and Maintainers of all Enormities; and these be those whom, if you cannot reform for their greatness, you ought to complain of them; and like as this is not said of those that be Good, so is this and much more to be said and done against those that be Evil.
But here it may be said, The mischief appears; what is the remedy? to make all Laws presently Executed? I can hardly hope to make them in better Case, than now they be, and although I had such hopes, I could find no more helps but these.
The first is having great Care in the choice of the Officers. The second by sharp Corrections imposed upon such Offenders. There should be throughout the Realm a Triennial or Biennial Visitation in this nature, made of all Temporal Officers, and Ministers, that by Virtue of their Office have in Charge to see Execution of Laws. By this, I mean, that the Queens Majesty should make choice every second or third year, of certain expert and approved persons, to whom Commission should be granted, to try out and examine by all good means and ways the offenses of all such as have not seen to the due Execution of the Laws, and according to the offenses so found and certified, to be sharply punished without Omission or Redemption.
Of effect like unto this, and to the like end, was the Visitation of the Church first devised, whereof came in the beginning great good doubtless; and reason I see none, but that a like good ought to follow upon a like Visitation made amongst Temporal Officers. Now to find out the faults seemeth not hard, for amongst many other ways, there is one plain, evident and easy; and that is where offenses do abound in any Country, contrary to the Laws, which the Justices should so reform, and there be nothing done by them for the Reformation of those offenses; I do not see but this makes a full charge of their uncarefulness and negligence, whereby they are well worthy, upon Certificate made, as is aforesaid, to be removed of all Governance, to their perpetual ignominy, and to the Commendation of all those that remain as good Officers.
And besides, to set forth other pains upon them, as by Law may be justified; if this were once or twice done, I doubt not but the Examples following of the doing of it would cause greater diligence to be used in the Execution of Laws, than now there is. And the better to understand which be those Justices that do offend, why might there not be order taken, that the name of every Justice that hath not prosecuted any Offender, for any offense committed contrary to any Law, which by the Commission that he is in, he is authorized to see punished, might be entered into some Rolls; and also how often, and how many of those kind of offenses he hath also prosecuted for a declaration of his diligence, whereby it might appear when such Visitation should come, who hath been careful, and who hath been negligent, to the end that the slothful, drowsy Drones, might be severed from the diligent and careful Bees. And like as I could wish this to be done concerning Offices of mean degree; so do I desire that the same course might be taken with the great and greatest; for so it should be Equable. But if there be nothing done therein, but things left as they have been, then must you look to have your Laws Executed as they have been, if not worse; for words will not reform these matters, as I have seen by proof. And this is the sum of what I have to say at this time, concerning the Execution of Laws.
This Speech of the Lord Keepers being thus transcribed out of the before-mentioned Copy thereof, now follows the manner of her Majesty's giving her Royal Assent to such Acts as passed, as it is set down in the end of the Original Journal-Book of the Upper House, in an. 39 Reg. Eliz. although it be omitted in that of this present Parliament.
The Title of the Bill of Subsidy being read after the public and private Acts; the Clerk of the said House standing up, did read the Queens Answer in manner and form following.
La Roigne remercie ses Loyaulx subjects, accept lour benevolence, & ainst 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 Majesty's Pardon, pronounce in these French words following, the thanks of the Lord's and Commons for the same.
Les Prelates, Seigneurs & Communes, en ce present Parliament Assembles, au nom de touts vos autres subjects, remercient tres humblement vostre Majesty, & prient à Dieu qu' il vous done & sante, bone vie & longe.
To everyone of the public Acts allowed by the Queen, the Clerk of the Parliament read these French words following.
La Roigne le veult.
To every private Act that passed, the said Clerk read the Queens Answer, in these French words following:
Soit fait come il est desire.
These two last Answers to the public and private Acts, that passed, are to be written by the said Clerk, at the end of every Act.
To such Acts, as her Majesty doth forbear to allow, the Clerk of the Parliament reads these French words following; viz.
La Roigne s' advisera.
Her Majesty finally having given her Royal Assent to twenty eight public Acts, and thirteen private, Dissolved the Parliament, which is Entred in the Original Journal-Book of the Upper-House, in manner and form following; viz.
Dominus Custos magni Sigilli ex mandato Dominae Reginae Dissolvit praesens Parliamentum.
THE JOURNAL OF THE House of COMMONS.
A Journal of the Proceedings of the House of Commons, in the Parliament bolden 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 present Journal of the House of Commons de an. 13 Regin. Eliz. is not only plentifully stored with all usual Passages touching the Orders and Privileges of the House, but is most worthy to be had in Eternal Remembrance, in respect of the long agitation and judicious debatement of matters of Religion, and Ecclesiastical Government: for the Reformation of which, the said House did express a great deal of earnest zeal and care, although all in the issue came to nothing, out of that old Principle inculcated into her Majesty by some politick Head, and misapplied by her; viz. that nothing must be innovated in matters of Religion. All which matters, with those also less extraordinary, are more largely set down in the Original Journal-Book of the House of Commons, than was usual in the former Journals of her Majesty's Reign, by reason that Fulk Onslow Esq, did, as may be guessed, succeed in the place of Clerk of the said House, unto ..... Seymour. Esq, somewhat before the beginning of this Parliament. Which said Journal is also much perfected out of an imperfect Journal of the same House I had by me, taken by some Anonymous Member of the said House, at this Parliament; in which, to avoid confusion, whatsoever is here inserted out of the said imperfect Journal, is distinguished by some Animadversion.
The third Parliament of Queen Elizabeth held in the Thirteenth Year of her Majesty's most happy and prosperous Reign, begun at the City of Westminster, upon Monday the second day of April, and during the time that her Majesty was at the Sermon at Westminster Church, whither she had repaired about ten of the Clock in the Forenoon of the said Monday, the Lord Clinton High Admiral of England, accompanied with divers of her Majesty's most Honorable Privy-Council; that is to say, Sir Francis Knolles K t , Treasurer of her Highness most Honorable Household, Sir James Crofts K t , Comptroller of the same, Sir Ralph Sadler K t , Chancellor of her Majesty's Duchy of Lancaster, Sir Walter Mildmay K t , Chancellor of her Highness Court of Exchequer, and Sir Thomas Smith Knight, repaired into the Lower House of Parliament; And there in the presence and hearing of a great number of the Knights, Citizens and Burgesses of the same Parliament Assembled, the said Lord Clinton signified, that the Queens Majesty had called and appointed him to be the Steward of her Highness most Honorable Household, to continue during her Majesty's pleasure: which being likewise affirmed and testified by the said other of her Highness most Honorable Privy-Council, the said Lord Steward then further declared, that he did then and there name, Constitute and Authorize the said Sir Francis Knolles, Sir James Crofts, Sir Ralph Sadler, Sir Walter Mildmay, and Sir Thomas Smith Knights, to be his Deputies, for and in the ministering of the Oath, to all and singular the Knights of the Shires, Citizens of Cities, Burgesses of Boroughs, and Barons of the Ports, returned and to be returned for that present Parliament, according to the form of the Statute in that behalf then lately made and provided.
And immediately thereupon, the said Lord Steward, and his Deputies, did then and there Minister the said Oath, to all such of the said Knights, Citizens, Burgesses and Barons, as were then present accordingly. Which done, the Sermon ended, and the Queens Majesty sat in her Royal Seat, in the Upper House of Parliament, the Commons standing at the lower end of the Chamber, the Lord Keeper of the Great Seal of England, learnedly and briefly declared the Causes of Calling the said Parliament; and so in the end willed them to repair into their House, and there after their accustomed manner, to choose of themselves an apt and fit man to be their Speaker, and to present him to the Queens Majesty on the Wednesday next following in the Afternoon. Whereupon the said Commons immediately resorted to their Common House, and being there Assembled, the Right Worshipful M r Christopher Wray Esq, one of the Queens Majesty's Serjeants at Law, was by the first motion and nomination of the said M r Treasurer, with one voice of the said whole House, Chosen to be Speaker, and placed in the Chair, notwithstanding his Allegations of disabling himself, and humble request for their proceeding to a new Election.
On Wednesday the 4 th day of April in the Afternoon, Christopher Wray Esquire, one of the Queens Majesty's Serjeants at Law, the Speaker Elect of the House of Commons, was presented unto her Highness; who sitting in her Royal Seat, and allowing and affirming the Election, after his Oration made, and ordinary Petitions granted, the said Lord Keeper willed him with the residue to repair to the House of Commons, there to deliberate and consult upon the making of such good and wholesome Laws, as might tend to the advancement of God's Glory, and preservation and safety of the Queens Majesty, and the Common-Wealth of this Realm of England. And thereupon the said M r Speaker, and the Knights, Citizens and Burgesses of the House of Commons, returned back unto their own House; and being there sat, one Bill (according to the usual Course) had its first reading, which was
The Bill concerning coming to Church, and receiving the Communion.
It was this day finally agreed, upon the Motion of M r Speaker, that the Litany should be read every day in the House, during this Parliament, as in the last was used; and also a Prayer by M r Speaker, such as he should think fittest for this time, to be begun every day at half an hour after eight of the Clock in the Morning, and that each one of this House then making default should forfeit every time four pence to the poor Mans Box.
On Thursday the 5 th day of April, Thomas Clark and Anthony Bull of the Inner-Temple London Gentlemen, were by this House committed to the Serjeants Ward, until further order should be taken with them, for that they presumed to enter into this House, and were no Members of the same, as themselves at the Bar confessed.
This day the House was called, and thereupon Edward Lewkenor, John Bullock, Nicholas Plumtree, Edward Goodwin, and John Garnons, were Commanded to attend the order of this House to Morrow next, for that the House being this day called, they had entered into the House, and had not as them been returned by the Clerk of the Crown except Garnons, whose Case is, for that he is said to be Excommunicate.
On Friday the 6 th day of April, It was Ordered that the Burgesses for Estringsted, shall remain according to the return.
This day M r Treasurer, M r Serjeant Manwood, Geffrie and Lovelace, M r Feltman, M r Bell, and M r Mounson, were appointed to confer with M r Attorney, and M r Solicitor, about the return of the Burgesses following; for that the same Towns returned no Burgesses the last Parliament, viz.
| Cornwall |
|
| Gloucestershire | the Borough of Chichester. |
| Nottinghamshire | the Borough of Easiretford. |
| Kent | the Borough of Queenborough. |
| Oxfordshire | the Borough of Woodstock. |
| Hampshire | the Borough of Christ-Church. |
| Suffolk |
|
And to meet to Morrow in the Afternoon, at three of the Clock in M r Treasurers Chamber at the Court.
Nota, That these ensuing Speeches are taken out of the before-mentioned Anonymous Journal.
M r Strickland, a grave and ancient Man of Great Zeal, stood up, and made a long Discourse, tending to the remembrance of God's Goodness, giving unto us the light of his Word, together with the gracious disposition of her Majesty, by whom as by his Instrument, God hath wrought so great, things, and blaming our slackness and carelessness, in not esteeming and following the time and blessing offered; but still as men not sufficiently instructed what is truth, or so that we think it not convenient to publish and profess it openly, and that all reproachful Speeches of the slanderous might be stopped, the draw-backs brought forward, and the Over-runners, such as over-run, and exceed the rule of the Law, reduced to a certainty, he thought it Operae pretium, to be occupied therein; for which purpose he said, the Professors of the Gospel in other Nations, had writ and published to the World the Confession of their Faith, as did those of Strasburgh and Franckford, &c. for which purpose also great Learned men in this Realm had travelled, as Peter Martyr, Paulus Fagius, and others, whose works hereupon were Extant.
And before this time and offer thereof was made in Parliament, that it might be approved; but either the slackness or somewhat else of some men in that time, was the lett thereof, or what else, he said, he would not say. This Book, he said, rested in the Custody of M r Norton, as he guessed, a man neither ill disposed to Religion, nor a negligent Keeper of such matters of Charge, and thereupon requested that M r Norton might be required to produce the same; he added also, that after so many Years, as now by God's Providence we had been learning the purity of God's truth, we should not permit for any cause of Policy, or other pretence, any errors in matters of Doctrine to continue amongst us. And therefore, said he, although the Book of Common-Prayer is (God be praised) drawn very near to the sincerity of the truth, yet are there some things inserted more superstitious, than in so high matters be tolerable; as namely, in the Administration of the Sacrament of Baptism, the sign of the Cross to be made with some Ceremonies, and such other Errors, all which, he said, might well be changed, without note of chopping or changing of Religion, whereby the Enemies might slander us; 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 Churchmen; 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 Boys are dispensed with to have spiritual Promotions; That by Friendship with the Master of the Faculties, either unable men are qualified, or someone 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 Lord's of the Spiritualty, for consideration and reformation of the matters by him remembered. 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 virtue 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 show 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 beforecited 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 shown the Evils and inconveniences that did grow by these men's 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 Neighbors; he shown 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 Geoffrey, 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 styled 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 itself 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: whoever, for the most part, shown herself very averse to their intermeddling with anything 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, before it should be required, which Speech was not liked of by the House.
Sir Francis Knolles made a long needless discourse concerning the Subsidy.
M r Bell said, that a Subsidy was by every good Subject to be yielded unto; but for that the People were galled by two means, it would hardly be levied; namely, by Licences and the abuse of Promoters; for which, if remedy were provided, then would the Subsidy be paid willingly; which he proved, for that by Licences a few only were enriched, and the multitude impoverished; and added, that if a burden should be laid on the back of the Commons, and no redress of the common evils, then there might happily ensue, that they would lay down the burden in the midst of the way, and turn to the contrary of their Duty.
M r Popham affirmed M r Bells Speech, and added to the former abuses, that of the Treasurers of the Crown; who having in their hands great Masses of Money, with the which either they themselves, or some Friends of theirs, do purchase Lands to their own use, and after become Bankrupts, and so cause or practice an enstalment of their Debts, as of late someone hath installed a Debt of thirty thousand pounds: which occasioned the lack in the Princes Coffers.
M r Serjeant Lovelace argued, that every Loyal Subject ought to yield to the relief of the Prince, and that without any condition or limitation; notwithstanding he did not dislike of the former motions; and thought it very requisite, that these evils might be provided for, to the ends aforesaid; unto the which he added three abuses more; first, the abuse of Purveyors, wherein he had to desire the Council; and the Masters of the Household, to consider of it, and to be willing to yield to Reformation; and, in his Opinion, it should not be amiss to take away the Purveyors, and to limit every Country to a proportionable rate; so should her Majesty be better served, and the Kingdom eased. Secondly, The Reformation of the Exchequer, for the Charge which groweth by respite of Homage; which he wished might be paid on some other sort, in a sum certain. Thirdly, Another Reformation which is upon a great abuse in the Exchequer, by sending out upon every Fine levied, the Writ Quo titulo ingressus est.
M r Comptroller in few words said, that he being one of the Masters of the Household, would do his endeavor for Reformation of all things arising by the Purveyors.
M r Sampoole sometimes of Lincolns-Inn, liked well of the Motion of the Subsidy, and commended the Motions of the Gentlemen before; affirming, that they were very necessary to be thought of; unto which he was to add one more; viz. the abuse of Collectors. He shown, that they do retain their Charge sometimes a Year, sometimes more in their own hands. And for that they are but mean men, appointed to that Office, they oft times convert it to their own uses, and are perhaps never able to satisfy the same; whereby the people are unwilling to pay; for if they should understand her Majesty should have it presently, they would more willingly pay it; and therefore wished the better sort of every Country should be assigned to that charge.
M r Goodier said, that every man ought to yield to the Subsidy, and rather offer it, than to stay till it should be demanded; desiring, that the Subsidy might presently, and only go forward, without the hearing of anymore complaints: for that they might be Infinite, and already more were remembered, than in one Parliament could be reformed. Wherein he shown a great desire he had to win favor.
In the conclusion of these aforesaid Speeches, transcribed out of that often before-cited Anonymous Journal, more particularly mentioned at the beginning of this present Journal; it should seem that a Committee was appointed to consider of the proportion, and time of yielding some relief unto her Majesty; whose names being set down in the Original Journal-Book of the House of Commons, are thence transcribed at large in manner and form following.
All the Privy-Council Members of this House, the Master of the Rolls, Sir John White, Sir William Dormer, Sir Christopher Heydon, M r Heneage, Sir Robert Lane, Sir Henry Norrice, Sir George Blunt, Sir Henry Weston, Sir George Bows, Sir William Pawlet, M r Edgecomb, M r Edward Stanhop, M r John Mersh, M r Robert Newdigate, M r Serjeant Lovelace, M r Saintpool, M r Thomas Snagge, M r Hall, M r Hasset, M r Grasior, M r Sands, M r Alford, M r Basset, M r Warncomb, M r George Forrors, M r Amise Pawlet, M r Hatfield, M r Greithfield, M r Bounton, M r Bellingham, to meet in the Star-Chamber on Monday next, at two of the Clock in the Afternoon.
At the same time also another Committee was nominated, to consider of those griefs and Petitions, which had been touched and mentioned in the former dispute; whose names being likewise found in the aforesaid Original Journal-Book of the House of Commons, are thence transcribed in manner and form following.
For Motions of Griefs and Petitions were appointed Sir Owen Hopton, Sir Thomas Scot, Sir William Buts, M r Manwood, M r Bell, M r Popham, M r Fleetwood, M r Mounson, M r Mohun, M r Grimston, M r Mersh and M r Winchcomb, to meet in the Temple Church on Monday next, at two of the Clock in the Afternoon.
Upon a Motion by the Committees for matters of Religion (whose names see on Friday the 6 th day of this instant April foregoing) It was Ordered, that M r Grimston and M r Strickland should move the Lord's of the Clergy, to know their pleasure concerning the motions, to be to them made to Morrow in the Afternoon, in matters of Religion. Vide Apr. 26. postea & Maii 17.
M r Mounson brought report, that M r Attorney General prayed, that meeting may be made to Morrow in the Afternoon, at M r Treasures Chamber, for Conference touching the validity of Burgesses.
April the 8 th Sunday.
On Monday the 9 th day of April, report was made of the validity of Burgesses, and Ordered by M r Attorneys Assent, that the Burgesses shall remain according to the returns; for that the validity of the Charters of their Towns, is elsewhere to be Examined, if cause be.
The Bill concerning coming to the Church, and receiving of the Communion, was brought in again by Sir Thomas Smith, one of the said Committees.
The names of the Committees for the Subsidy, and for Motions and Petitions (which see on Saturday immediately foregoing) were read again, and they appointed to keep their former hour of meeting.
For that Sir Henry Perry Knight, being returned Knight for the Shire of Cumberland, and likewise of Northumberland, hath chosen to appear for Northumberland; it was Ordered, that a new Writ shall go out to choose another Knight for Cumberland.
The Bill touching certain Offences to be made Treasons, was read the first time.
M r Norton Exhibited an Addition, which was received by the House; and after sundry Arguments, 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 Privilege, 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 itself, 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 Lord's 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 Lord's, 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 Lord's.
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 Lord's 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 engrossed. 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, Geoffrey 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 Majesty's Household on Juries, was read the first time.
The Bill for Bristol was read the second time, and Ordered to be engrossed. 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 entered into a good Discourse of the Prerogative, which might thereby be touched, if they should endeavor to overthrow her Majesty's 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 shown 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 remembered 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 Majesty's Letters Patents, and Prerogative were touched) Rege non consulto, was perilous. 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, Showed the loss to the Queen of her Custom, then the private Monopoly wrought and occasioned by the Merchants, the Controversies which have ensued by this means amongst them, and the subtle means whereby the Statute was procured, without the consent of the Major or Commons, by such as were put in Trust.
M r Alford said, that he might not speak of the Prerogative aptly, for that he was not Learned in the Law; but made some remembrance of what he had there seen, concerning the Act of Parliament for Southampton; where it appeareth, that without an Act of Parliament, her Majesty's Letters Patents were not sufficient; and therefore he prayed convenient consideration might be, and that the same (if it should so seem good to the House) might be conjoined to the former and other Bill, &c.
Then spake M r Cleere, Sir Francis Knolles, Sir Nicholas Arnold, Sir Henry Norris, and M r Christopher Yelverton of Grays-Inn, severally to the said Bill: whose Speeches being somewhat imperfectly and uncertainly set down in the before-mentioned Anonymous Journal, are therefore omitted; although from them, and the residue foregoing, the effect of this Bill may be Collected to have been for the Dissolution of certain Companies of Merchants in Bristol, whom her Majesty had Incorporated by her Letters Patents, and authorized them to Trade to certain places, by which it was pretended that the public and free trading of others was restrained; and at last upon the Motion of M r Fleetwood, That the Bill being of great weight, might be further considered of by the House, and the Committees be appointed at some other time, it was thereupon Ordered, that they should be appointed on the day following, which was done accordingly.
Then was read the Bill for coming to Service, but what reading it was appeareth not by the aforesaid Anonymous Journal, nor by the Original Journal Book itself, in which this said Bill is not at all mentioned: but it should seem that it was the second reading, because divers Speeches ensued thereupon; which in respect that they concern a matter of so great moment, are therefore transcribed out of the Anonymous Journal, in manner and form following.
M r Snagg shown at large the inconveniencies of the old Law, for coming to Service: for, said he, by the former Law it was Enacted, that the Service shall not be said, or Sacrament ministered, in other sort than in the Book of Common-Prayer is prescribed; he shown, how differently the same was used in many places, from the prescribed Rule; as where no part of those Prayers were observed, but a Sermon, and some such other Prayers only as the Minister shall think good, in place thereof; whereupon have great divisions, discords and dislikes grown amongst and between great numbers. And since it is Law, that in this sort Service shall be used, and that whosoever shall be at any other form of Service, shall incur the penalty prescribed, and that the Ministers neither do, nor will do herein, as they should, and as is by the Law prescribed and commanded; he thought the proceedings in this kind, should occasion a Dilemma in mischief; for by this Law, if he come not, he shall lose twelve pence; and if he come and be present, and the Service be not said according to the prescribed Rule of the Book, he shall lose a hundred Marks.
M r Aglionby Burgess of the Town of Warwick, moved the Law might be without exception or privilege for any Gentlemen in their private Oratories; this did he prove to be fit out of Plato his Laws, and Cicero, both prescribing for the observation of the Law an equality between the Prince and the poor Man, not giving scope to the one above the other. Also he remembered the Authority of Lactantius Firmianus, making this only difference betwixt Man and Beast, that all men do know and acknowledge that there is a God, and in this respect there should be no difference between Man and Man. Withall, he said, the more noble the Man, the more good his Example may do. He therefore concluded, that for so much of the Law, so the same might be general, he was of good liking that it should pass.
But for the other matter, concerning the receiving of the Communion, he argued, that it was not convenient to enforce Consciences. And to that purpose, he shown the Authority of D rs ; which he vouched without quoting the place, or sentence. He said also, that it was the Opinion of Fathers, and Learned Men of this Land; and therefore wished they might be consulted with. Finally, he concluded, that bonae Leges e malis moribus proveniunt: but no good Laws may make a good man fit to receive that great Ministry of God above. This whole Speech he tempered with such discretion as in such Case was seemly. And whatsoever he spake, he spake the same under Correction.
M r Strickland standing up, first prayed he might be excused, for that he was to speak on a sudden and unprovided. For the first, He approved what M r Aglionby had said: For the second, he said, he could not be of that mind; and he vouched out of Esdras, that the Church, yea the Consciences of men, were by the Prophet restrained; withal he said, Conscience might be free, but not to disturb the common quiet. He shown the practice and doings of the Pope, the banishment of the Arians, &c. That the word of the Prince, for lack of Law, must not be tied. The Israelites, he said were constrained to eat the Pass-over. And finally he concluded, that it was no straitening of their Consciences, but a Charge or loss of their Goods, if they could not vouchsafe to be, as they should be, good men and true Christians.
M r Dalton reasoned to this effect, that there could ensue no inconvenience by those two Laws, which were intended to be contrary; his reason was, except the Service be according to the Law, no man is bound to stay there, no more, than if he be bound to come and hear Service, if there be no Service, he is to forfeit his Bond.
For Answer to M r Aglionby he said, the matters of Conscience did not concern the Law-makers, neither were they to regard the error, curiosity, or stiff-neckedness of the evil, ignorant or froward persons. For be it they did proceed orderly to the discharge of their own Consciences, in making the Law, let them care for the rest whom it behooveth. He was of mind that Gentlemen should not be excepted, for the causes aforesaid; but he wished provision might be made for such as be imprisoned, or cannot come for fear of Arrests. He wished also, that the Law might have continuance but till the end of the next Parliament.
These foregoing Speeches being thus transcribed out of that often before-cited Anonymous Journal, more particularly mentioned at the beginning of this present Journal, and two other Speeches of M r Fleetwood, and M r Popham, of no great moment, being omitted; now follows some part of the next days passages out of the Original Journal-Book of the House of Commons.
On Thursday the 12 th day of April, M r Comptroller, upon a Motion made by himself, that the Bill touching Bristol might be proceeded in, was appointed a Committee in the same, and with him were nominated Sir Nicholas Points, Sir Nicholas Arnold, Sir John White, M r Newton, Mr. John Younge, Mr. Popham, Mr. Fleetwood, Mr. Norton, Mr. Alford, Mr. Hall of York, and Mr. Hooker, to whom the hearing of both parties touching the said Bill, was referred; and thereupon to make report thereof to the House, and to meet in the Star-Chamber, on Monday next at three of the Clock in the Afternoon. Vide in die praecedente concerning this business.
It is Ordered, that the House do sit to Morrow till ten of the Clock, and then to go to the Court to hear the Sermon.
Two Bills of no great moment, had each of them one reading; of which the second touching certain offenses to be made Treasons, was read the second time.
The Addition to the same Bill was read the first time.
After the reading of which said Bill, and Addition as aforesaid, sundry Motions and Arguments ensued; which being omitted in the Original Journal-Book of the House of Commons, are therefore supplied out of that often beforecited Anonymous Journal, in manner and form following.
Mr. Goodier with some show of former Care for that Cause, entered into the utterance of a long Speech, and spake to this effect: First, He made a solemn Protestation of his sincerity, truth and Loyalty to her Majesty, to the State, and to the House. Then he shown many singular and true blessings, which we have by her Highness means, and religiously prayed for her preservation; but his whole discourse stood upon these three points, what he thought of the persons there Assembled, what he disliked in the matter of the Bill propounded, and why he did so.
Of the persons, he said, he heartily believed the whole Company in truth and true meaning to have a care and hearty well-wishing for her Majesty's safety, acknowledging and reposing in her the very Anchor of our Safety; but whether all were with a sincere meaning to the state of the Crown, he knew not; but rather thought the clean contrary: but yet of the most and most honorable he thought nothing amiss, but some surely, he said, were doubly disposed, and with a favorable affection bent for some special body.
For the substance of the first Bill, he said he was of clear mind, well liking and approving the whole course thereof; except, quoth he, that the same be not already by former Laws provided for; and hereunto he further added, that if any man should say, that the Papists do not err in saying or speaking so slanderously of her Majesty, the same to be taken also as Treason. For the Additions which concerned the first, which did clearly respect the time past, as to make Treason of a fault already committed, which at the time of the perpetrating of the same offense, was not in the same Degree; it was a President most perilous, which might occasion such and so great Evils, as easily might not be conceived. Of present time, man's wisdom might judge; Future time man's Policy may reach to: but to call again the time past, or to raise what is dead in any kind, Man may not; nor in reason is it to be presumed. The like he said had not been seen; and where he hath read thousands of Laws, yet did he never find such a President. An extremity, rare, and never practiced, no not in these the greatest matters of Faith and Religion, that we do now so earnestly treat of.
The Enemy to God and our State (the Papists, I mean) is most hateful. Yet is no man so hardly bent, as to have them punished, much less to suffer Death, for what is past. Whether her Majesty hath pardoned what is past, we do not know, and whether her Highness pleasure be that it should be talked of, no man yet hath made a report. Withal, it may happily occasion dislike between her Majesty and the House, which were odious and hateful; but doubtless, he prophesied, it would occasion peril, such and so great, that the greatest Speakers therein, yea those who should give them most or best words, could give no Warranties. Neither is it that the sequel thereof may be warranted for the right of a Crown, which words may not be strained or straitened.
Thus much considered, and the Prince being herein not as yet determined, he therefore advised, and more than so by words of vehemency urged stay. He farther said, that the penning of the first Article of the Additions was clouded and involved with secret understandings, not to be understood but by such as more curiously could, and more cunningly would, look thereinto than he. For matters of Title of the Crown, he said, he neither knew any, nor durst to intermeddle or take knowledge of any; and concluding, he said, that for obscurity of the sense, he must needs condemn the same, since that Veritas est nuda, simplex & plana.
Sir Thomas Smith her Majesty's Principal Secretary, neither condemning nor approving of what had before been spoken by M r Goodier, made motion, that the Bill might be divided, left the one might be the hindrance of the other.
M r Norton in his accustomed manner of natural Eloquence; first shown that that Assembly should be free of Speech, so that the same did not exceed the Bounds of Loyalty; and as in Speech free, so ought it also to be free of unjust slanders, and undeserved reproaches. For so much as might concern him, he protested that he neither thought, nor meant any other title than the sole preservation of her Majesty, and to this end was he and the whole House (as he supposed) settled and bent; she being of this Realm, not only in respect of our goods and lives the singular stay, but for Truth and Religion, yea of all Christendom not Magna, but in all the world Speciosa. And since that Consultation is no other than Consultare in Commune, he was as well to remove the surmise of Ambiguity, as the slander raised of any doubleness in him; the words (quoth he) are plain, these and no other; that whatsoever person during the life of her Majesty, hath or shall imagine, intend or go about, the deposing, &c. them and their Heirs to be barred of any title.
And, saith he, where Ambition hath once entered, such is the nature of the same, that never it will be satisfied: and the thirst for a Kingdom is unquenchable. Withal in common Experience we see, that between two, for a small matter in Suit, when it shall pass against the one, though by perfect Trial, yet will he who loseth never acknowledge that he had either offered, or defended an injury. He said, for working of great matters great time is required; and such a mischief, as to overthrow a Crown is not in a day compassed; and therefore what hereafter is thought, or meant to be Executed, is already begun, compassed and devised. Time must therefore be taken, and therefore in time, and at all times it is to be prevented.
Where it is said, the like hath not been seen, and a Miracle made of it, as if there were never former Presidents ever seen of the like, or ever heard of before. It is no longer since than in Queen Mary's time, when to the Parliament it was suggested, that the Congregations in the City of London Assembled, did use this kind of Prayer to God, either to convert her, or confound her. Whereupon it was Enacted, that every person who so, and in such sort, had prayed, or who so after should pray, should be taken for a Traitor. The Case of Bennet Smith is not so strange, nor so long since, but it may be remembered; his transgression was not such, nor so to be adjudged at the time of the offense perpetrated, as it was afterwards; yet by Authority of Parliament the offense precedent was from the old nature altered, and he, who before at the time of the offense, until the making of the Law, was not to be privileged but by his Clergy, was now by an Act made after, by Judgment Executed. And since in the Case of a private man, as was this of Bennet Smith, such consideration, and such good discretion was used, who can imagine it to be odious? Nay, who is it, that would not the like or greater care to be had of a Prince, and especially of so good and virtuous a Prince, as she, for whom our Conference is now? But yet we are charged with partial affection, unsettled minds, and doubleness. Whether this Speech now be an offense to the House, he earnestly craved the Judgment of the House. For that it might seem by the Gentleman's earnestness who spake, that someone his Friend, whom he was bent to serve, would be touched. Whereupon, for his own part he eft-soons protested, he had no certain resolution with himself of any title, but was to be satisfied with the consent of that Assembly; howsoever adding further, if his Motions might so sort, as they were liked, he offered this Proviso to be added; That if any such person, who had made any such claim, shall disclaim and renounce all Title during her Highness Life, the same person, &c. to be then restored to the old Estate.
M r Comptroller after some Declaration of grief, perceiving the matter grow to heat, as verily the greatest number of the House were more than moved with the vehemency of M r Goodiers Speech, and that men were disposed to talk at large of matters contrary or repugnant to the Bill, moved that it might be severed; because the first part came in, and was exhibited to that House by her Majesty's Learned Council; the other was but the advice of a private man, which advice, though it justly deserved Commendation, yet was it not, in his fancy, to be joined with that which came in other sort.
M r Snagg argued to this effect, that in making of Laws, plainness of Speech should be used, all intrapments to be shunned and avoided. And here he moved, why the Statute of Edw. 3. whereby it is Enacted, that all such, who shall endeavor, compass or imagine the Death of the King, &c. should be Traitors, &c. should not be said sufficient, reaching as far, and comprehending as much, as this latter advice. For the regard of the time past, he said, he could have no good liking thereof, and what was practiced in Queen Mary's time (under Correction) he took to be no Charitable President; concerning the Authority of the Parliament, he did conclude nothing, but said it was a prevention.
Sir Francis Knolles shown, that he could not utterly dislike the conjoining of the Additions, since that they rise all of one ground, and that they both are good and charitable; whereof he acknowledged her Highness to have Intelligence, and the cause already to have been in Conference by her Council. And for the word ( hath ) he saith it contained no such absurdity, but with good zeal it might be maintained. And therefore such vehemency and sharpness of Speech, he said was more than requisite, yea more than convenient. And as for the obscurity, he said of men that would mean well, it could not be misconstrued; and to stay or prevent devices past, he thought it but honest Policy, which being otherwise used in a Princes case, is not to be disliked. He remembered her Highness unwillingness to punish such offenses, and therefore though the Law be sharp, yet such is her Mildness, that if any have offended for so much as may concern her person, surely he thought it would not be Executed; and her Clemency tempered with Authority, could never grow to Cruelty, wherein what his Conscience was, he thought not fit to make further show thereof; but simply and plainly he would deal herein, not meaning to treat in such sort, as if he thought to deserve thanks, or anything of her Majesty; for what he did, he did it also as mindful of his own safety.
Another then spake (whose name is not expressed in the aforesaid Anonymous Journal) showing the weight of the matter, which was then in hand, to rest as well on the general safety of the Subjects, as on the preservation of her Majesty's Person, and therefore he could not but approve the effect of the whole, both in Bill and Addition; albeit for the pains in the Bill he was somewhat variant from that which was there offered, and in the understanding of some words he was doubtful; as for the word compassing, he made some question; of this ( bodily hurt ) he had no perfect Intelligence, since the hurt of body may grow by grief of mind, and grief of mind perhaps by small cause. He also said, that saving in the Statute of 27 H. 8. he hath not read it. But further, he said, that he that would not allow her for lawful Queen, in his conceit should also be called a Traitor; but for the speaking of those most slanderous words of Heretic, Infidel, Schismatic, he would not any man to be for the first offense taken as a Traitor; for that the not acknowledging of the Supremacy, being a far greater offense, is but the pain of Praemunire. And therefore, except the same offense also might be made Treason, he could not like thereof. But if it should so seem to them good, that it should be as he indeed wished, then was he well pleased to put them both to one Predicament.
And for the word Heretic, he said, that the Papists all, of force must be forced to say, her Majesty is one; or that they themselves must be content to carry the name, and to be noted Nomine, as they are' re & veritate Heretics, which name they willingly will not bear. He further said, that with the rest of those words of slander, he thought it might do well to insert the name Papist. That if any man should say her Majesty to be an Infidel, Papist, or Heretic, &c. to be a Traitor; for that some say, there are in these days that do not spare to say, her Majesty is of another Religion, than is published; and that it is the sole doing of the Counselors, whereby the Doctrine (in sort as it is) is thus published, and not hers. He also added, that his wish was, that no man might be attainted of these words, except the Speech or Publication might be testified by two Witnesses. For the Additions, he said, assuredly they might not be severed from the first Bill, not only as they are matters material depending on the first, but stretching so far to the maintenance of the first, that without them the first may seem to be nothing. For (said he) there can be no remedy provided, except the cause of the grief be known, and the same cause removed; wherein the Rebels of the North gave clear Experiment: for doubtless, when they pretended Reformation of Religion, they thought to rend up the ground, and to subvert the stay thereof, which was her Majesty's Person; and by them he wished us to learn at last, and to wax wiser. He said, the Court of Chancery will straitly Decree for saving and quiet keeping of a quiet possession, often looking to ordering things before past, and shall not the Court of Parliament do the like for the Title of the Crown? And the ancient Laws of the Realm (he said) do 〈◊〉 the same, as long before the 35 H. 8. the Stat. 5 E. 3. in such like Cases hath ordained, that the Heir for the Fathers offense shall be punished: consule locum citatum.
M r Mounson said, it were horrible to say, that the Parliament hath not Authority to determine of the Crown; for then would ensue, not only the annihilating of the Statute 35 H. 8. but that the Statute made in the first year of her Majesty's Reign, of Recognition, should also be laid void; a matter containing a greater consequent, than is convenient to be uttered.
M r Heneage moved the House to this effect, that either the Bill for Addition should be severed, or both to be referred to the Queens Learned Council, to consider of the conveniency thereof; and then by them to be exhibited, &c. but of his Opinion he yielded no further reason.
M r Long a young Gentleman, would have proved the word ( have ) and a regard of the time past, not to be amiss, for that at the time of the offense the malice of the Offendor was as great, as it is at this present.
M r Fleetwood endeavored to prove the overcharging of the Bill with larger words than were convenient, and more Provisoes than were to the purpose, to have been the overthrow of that which was truly meant; wherein the cunning Adversary, when he knoweth not how to subvert directly, will by this means easily and subtly insert more, pretending a face of more forwardness than the rest, when indeed his heart is bent to the hindrance of the whole. For proof and experience hereof, he remembered the cunning Prelates in Henry the Fourths time, and afterwards in Edward the Fourths time, when King Edward required the suppressing of all such Abbeys, as King H. 6. had Erected; To hinder this, contrary to the Kings meaning, some would needs add the Colleges in Cambridge, which by him were also Founded; to which when by no means the House could be induced, as well the intent of the first, as of the last, was subverted.
The like he remembered also of the second year of H. 7. in matter of Treason, which all men would have yielded unto, the Counterfeit Friend heaped in, to give the King free Liberty of Restitution to whom he would, of all both goods and possessions, whereof the inconveniency being seen, stay was made of the whole. So that, what men may not do directly, with face of further Friendship they do covertly. He concluded therefore, it were well and most safe, to make two Bills, and to be referred to the Queens Learned Council, as M r Heneage had well divided.
M r Serjeant Manwood, first Answering the meaning of the words ( bodily hurt ) said, it must be intended when violence or force is done or offered to the Body, and not otherwise, nor elsewhere. And whether the words of slander should be Treason, he thought that there was great reason they should be; for (quoth he) who so shall affirm her Highness to be an Heretic, doth doubtless wish her the pains of an Heretic, viz. to be burnt, &c. He further would have to be added to these words of the Bill, That who so shall imagine, go about, claim, &c. thus much more, that whosoever shall affirm himself to have Title, &c. to be a Traitor. He was of further Opinion, that it should be no clogging to the Bill, to have matter of the same nature added; being also provided for the same purpose, as good, consequent and necessarily concurring with the effect of the Bill. And for the Authority of the Parliament, he said it could not in reasonable construction be otherwise, for who so should deny that Authority, doth deny the Queen to be Queen, and the Realm to be a Realm.
After which, M r Alford and M r Dalton spake severally to the said Bill, touching certain offenses to be made Treasons. Whose Speeches containing no new matter at all in them, more than hath been formerly spoken, are omitted in that often before-cited Anonymous Journal, out of which all these foregoing Speeches are transcribed. After all which, the business was at length drawn to this Head, to be referred to a Committee, whose names being there likewise omitted, are therefore all of them supplied out of the Original Journal-Book of the House of Commons itself, in manner and form following.
All the Privy-Council being Members of this House, Sir Christopher Heyden, Sir Henry Nevill, Sir Nicholas Arnold, M r Serjeant Manwood, M r Serjeant Jeoffry, M r Heneage, M r Stoaks, M r John Vaughan, M r Bell, M r Mounson, M r Popham, M r Norton, M r Dalton, M r Fleetwood, M r Telverton, M r Goodier, M r Alford, and M r Long, were appointed to meet to Morrow at two of the Clock in the Afternoon, in the Star-Chamber.
M r Doctor Louis, and M r Doctor Huick, brought from the Lord's a Bill touching the untrue demeanors of Tellors, Receivers, Treasurers and Collectors.
On Friday the 13 th day of April, Five Bills had each of them one reading; of which the last being the Bill for suppressing of Simony in Presentations to Benefices, was read the first time; to which, because M r Snagg spoke upon the first reading, being a thing not altogether usual, his Speech is therefore transcribed out of that often before-cited Anonymous Journal.
M r Thomas Snagge treated hereupon, viz. after the reading of the said Bill of Simony, saying that the cause of the slanders, which the Papists have against the Church of England, in that they say Cobblers, Tailors Tinkers, Millers, &c. are of the Ministry, groweth thereby, that the Livings are detained by the Patrons from the Spiritual, in their own hands, to their own private uses; whereas the first original of the creation of Patronages, being considered, it appeareth that nothing is left to the Patron of right. The manner of their original he shown at large, and that the same was granted Deo & Ecclesiae, and concluded that the Patron had nothing of worth or value, but a bare nomination, if it be truly used; since that dealing sincerely, he is neither to respect Commodity, Blood, Affection, Friendship, nor anything else, but the worth and sufficiency of the Man, &c.
The Bill against Vagabonds was read the first time; after which ensued divers Speeches, which is not commonly used, until after the second reading, and therefore they are the rather transcribed out of the aforesaid Anonymous Journal.
M r St. John moved, that an old Bill before this time exhibited into the Lower House concerning this matter, might be perused.
M r Sands endeavored to prove this Law for Beggars, to be over sharp and bloody, standing much on the care which is to be had for the Poor; saying, that it might be possible with some travail had by the Justices, to relieve every man at his own house and to stay them from wandering; this experience he shown, and what was done in the Country of Worcester. M r Treasurer talked to this effect, that he would have a Bridcwel in every Town, and every Tipler in the County to yield twelve pence yearly to the maintenance thereof.
M r Wilson a Master of the requests, argued thus; that poor of necessity we must have, for so Christ hath said, until his latter coming: and as that is true, so said he also, that Beggars by God's word might not be amongst his People: Ne sit mendicus inter vos. His Experience he shown through the greatest part of Christendom, concluding that such looseness and lewdness was nowhere, as here; he said it was no Charity, to give to such a one, as we know not, being a stranger unto us. Thus, said he, did the Locrenses constitute by their Laws. Even as of Thieves did the Grecians judge of them. To the pain of the Constables for their remiss dealings, he wished might be conjoined Imprisonment.
On Saturday the 14 th day of April, the Bill for one William Skevington was read; whereby was supposed a deceit practiced by one Sacheveril, for conveying of Land, contrary to the true meaning, by subtle forging of a false deed, in place of the true deed: which being read it shown the confession of Sacheveril, and prayed restitution, with discharge of all mean incumbrances during such time as it was in the possession of Sacheveril.
M r Fleetwood endeavored to prove, that all such sinister, false, fraudulent or convenous dealings being opened in that place, albeit that the party pray not redress, yet being made apparent to that High Court, ought not to be pretermitted without due consideration and convenient punishment to be by the House assigned, and the party to be brought to the Bar of that House; for proof thereof, he shown in the time of King Henry the Fourth, that the abusing of one of that House, coming home into his Country, for what he had done or spoken in the House, was afterwards adjudged of in that place, and a Law presently made for what before was not thought upon; the like he shown to be done in Henry the Eighth his time, concerning an Excommunication had at Serjeants-Inn, &c. He also remembered a President of one John Rue, who for that he meaning to have deceived a Merchant of London in sale of certain sums of money due unto him, to be paid out of the Exchequer, as he pretended, whereas in truth the money was before received by him who sold the Debt; Judgment was given for the subtlety of the loss of his goods, the profit of his Lands, and perpetual Imprisonment: For every Conspiracy, the Judgment is by Law (said he) villanous, even as in the Case of Attaint, to have the Houses turned up, the Meadows Eared, &c. He shown also, that in the time of Edward the Third, one meaning to cause the price of Wooll to fall, gave out that there was likelihood of Wars to be between the King of England, and the King of Denmark, by which means the Traffick of the Staple was like to be stayed: Whereupon it was presently ordained, that he should be banished, though for that purpose there were no Law before.
After this Speech, as it should seem, Committees were appointed for this Bill; whose names being not found in the aforesaid Anonymous Journal, out of which the preceeding Speeches are transcribed; they are therefore supplied out of the Original Journal-Book itself of the House of Commons, and were as followeth; viz. Sir John Thinne, M r Stokes, M r Bell, M r Fleetwood, M r Bedell, and M r Smith, to meet in the Star-Chamber, upon Wednesday next at three of the Clock in the Afternoon.
The Bill for the Free Grammar-School in Southwark, was read the first time.
For the Bill of Treasons and Additions, it was Ordered, that such of the Committees, as are Learned in the Laws, shall have Authority to conser with the Queens Majesty's Learned Council, touching the same Bill and Additions.
The Bill for Reformation of the Book of Common-Prayer, was read the first time, after which (the Bill being preferred by M r Strickland ) ensued divers long Arguments, which being omitted in the Original Journal-Book of the House of Commons, are therefore supplied, with some small alteration, where need required, out of that often before-cited elaborate Anonymous Journal of the same House, in manner and form following.
M r Treasurer (of her Majesty's Household) reasoned to this effect, That if the matters mentioned to be reformed were Heretical, then verily they were presently to be condemned; but if they are but matters of Ceremony, then it behooveth us to refer the same to her Majesty, who hath Authority, as Chief of the Church, to deal herein. And for us to meddle with matters of her Prerogative (quoth he) it were not expedient. Withal, he said, what Cause there might be to make her Majesty not to run and join with those who seem to be most earnest. We are not to search, whether it be, for that in time and order she hopeth to bring them with her, or what other secret cause or scruple there may be in the heart of Princes, it is not for all people to know.
M r Comptroller argued to this effect as afore, commending the Zeal, but that the place and time were not fit. And since we knowledge her to be Supreme Head, we are not in these petty matters to run before the Ball, which to do, and therein to offend, were great folly; how forewarned we were herein, he did refer to our consideration, insinuating in some sort, that our heady and hasty proceedings, contrary to and before the Law, did rather hinder than help.
Hereupon one Pistor with a grave and seemly Countenance, and good natural Eloquence, shown how Conscience enforced him to speak; and rather to hazard his Credit than to the offense of his Conscience be silent. Albeit he would acknowledge willingly, that many hundreds of that Honorable and Worshipful Assembly, were well able to teach him, and he indeed willing to learn of them all: the matter of his grief was, that matters of importance standing us upon for our Souls, stretching higher and further to everyone of us than the Monarchy of the whole World, were either not treated of, or so slenderly, that now after more than ten days continual consultation, nothing was thereon concluded. This Cause he shown to be God's, the rest are all but Terrene, yea trifles in comparison; call you them never so great, or pretend you, that they import never so much; Subsidies, Crowns, Kingdoms, he knew not, he said, what they were in comparison of this; this he said, I know, whereof he most thanked God, primum quaerite Regnum Dei, & caetera omnia adjicientur vobis. This Rule is the direction, and this desire shall bring us to the light, whereupon we may stay, and then proceed unto the rest; for in his word, and by him we learn, as saith S t Paul, to correct, reform, &c. Our true home certainly is not here, Non habemus hîc permanentem Civitatem: and the Justice of God moved Terror unto all, which he seemed to mean concerning the Bill before-mentioned of Strickland's Propositions. And so did set it forth with vehemency, that there lacked no modesty, and with such Eloquence, that it neither seemed studied, nor too much affected, but grave and learned throughout, and no whit too long, but very well approved of.
And after him M r Snagge, and far after him indeed, either for order, proof, or matter, he entered into the discourse of Strickland's Articles, and seemed to maintain them; this namely, not to kneel at the receiving of the Communion, but rather, if a Law hereof should be made, to lie prostrate, to shun the-old Superstition; or otherwise to set every man at liberty, and in this behalf to do according to his Conscience and Devotion, he judged it to be nothing derogatory or contrary to the Prerogative. And the directions he thought fit to be left out of the Book, which should be a Law, &c.
After which Arguments it was upon the question agreed, That a Petition should be made by this House unto the Queens Majesty, for her Licence and privity to proceed in this Bill, before it be any further dealt in.
The Bill for the Commission of Sewers was read the third time, and after some Arguments passed upon the Question, and was sent unto the Lord's by M r Treasurer and others.
The Bill against Licences and Dispensations, granted by the Archbishop of Canterbury, was put to the question, Whether it should be read or no? It was over-ruled in the affirmative, and had thereupon its first reading. After which M r Alford (although a Bill be not usually spoken unto until after the second reading) spake against the Bill, and endeavored to prove, that Licences for Marriages in some cases might be needful, and that Dispensations also for non-residence might upon some occasion be of great necessity, as if a Minister should be employed upon some Foreign Ambassage, or other matter of great weight.
M r Yelverton much disliked, as it should seem, M r Alford's Speech, and spake very vehemently in maintenance of the Bill, alleging, that, as he thought, no good Christian could be against it; in respect that by the very words of the Bill it appears, that it was only framed for the suppression of such Licences and Dispensations, as were contrary to the Word of God.
M r Dalton spake next against the Bill, and grounded his opinion only upon this vain supposition, That a Bishop can do nothing contrary to the Word of God.
M r Beadle spake next in maintenance of the Bill; but the substance of his Speech is so briefly and imperfectly set down, as it cannot be gathered what his Reasons were.
M r Manwood spake very judiciously and moderately, allowing well the scope and meaning of the Law, but wished, that in respect it mentioneth the redress of many Grievances, those same Grievances might first be particularly made known to the House, before the Bill were any further proceeded in.
M r Fleetwood approved the Bill, yet spake not directly for it; but very covertly guirded at the Ecclesiastical Judges, and the Office of Faculties; showing also in the conclusion of his Speech, that Livings are given to Ministers for the instructing the King and his People, and for the keeping of House, and other deeds of Charity: all which, if they were absent by dispensation, he inferred must of necessity be neglected.
Serjeant Lovelace lastly, as it should seem, concluded further Speech in this business, showing the use and commodity of this Bill in question; but doubted that there was not power enough given therein, nor sufficient remedy provided for redress of the mischiefs thereby supposed to grow, by reason of the Granting the aforesaid Licences and Dispensations. Upon which (it should seem) that some Members of the House were appointed to consider of the said Bill, but their Names are not found in the Original Journal book of the House of Commons, or in that before-cited Anonymous Journal, out of which both the preceding and ensuing Speeches are transcribed.
M r Norton made a Motion by Warrant of this Court, by the wisdom and godly care which in matters of weight was to be employed, That to avoid the shameful and most hateful usage amongst the Ecclesiastical Judges, for delivering of Clerks convict upon their Oaths, and the manifest Perjury there by their Law against the Law committed, some order might be taken. He proved it might not be said a Liberty of the Church, except they will claim a liberty to sin; wherein indeed their principal liberty hath stood, and for the which they have not spared to hazard, nay to give, both their bodies and Souls to become Traitors to God and Man.
Thus did that Rebel Bishop Becket, whose principal quarrel and chief cause of all his stir, was, that the King would have punished one of his Mark, a Priest, for an abominable Incest committed by him; which trifling fault (forsooth) this Holy Saint could not endure to be rebuked by a Temporal Judge.