February 19th - April 9th
35 Eliz.
A Journal of the Parliamentary Proceedings in the
Lower House, Anno xxxv° Eliz. Annoq;
Dom. 1592. very laboriously collected: Being
chiefly called for Consultation and Preparation
against the ambitious Designes of the King of
Spain; in which some unusual Distastes happened
between her Majesty and the House, by reason
of their intermeddling with her Majesties Successor to the Crown; which she had forbidden.
This Session begun on Munday, February
19. 1592. and ended April 9. 1593.
Munday, Feb. 19.
The Parl. meet.
Munday, Feb. 19. This day the Knights and Burgesses met, and at this day appeared: after that their
Names were declared to the Clerk of the Crown,
and there entred into his book, they entred into
the House.
The Members are sworn.
The House being set, the Earl of Darby, High-Steward for this
Parliament, came into the House to take their Oaths. Sir Thomas
Henage gave him instructions what order he should use: First, that
all should remove into the Court of Requests: There the Lord
High-Steward sitting at the door, called the Knights and Burgesses
of every County, according to the letters of their names in the
Alphabet. Alphabetically every one answered as he was called;
and having answered, departed thence up to the Parliament-housedoor, and there took the Oath of Supremacy given him by one of
the Queens Majesties Privy Counsellors. His Oath taken, then
he entered again and took his place as Knight or Burgess of the
House. The Fee for entering his name into the Serjeants book is
2 s. the Rewards to the Door-keepers being 3 s. and 8 d. the Fee
for returning the Indenture 2 s.
The Qu. comes to the House of Lords.
This done, there was no further proceeding in any matter till
two of the clock in the afternoon; about which time the Nobility
came, and were set in the Upper House; the Queen came privately by water. After her Majesties coming, and the Lords being
all sat, the Lower House had intelligence thereof, and went to attend in the Upper House below the Bar (being well repleated
with those that had gotten in before privately.) The door was shut
upon us until the Lord Keeper had gone a good step in his Oration. The Lower house finding themselves discontented at this,
(because of custome the way ought to have been opened) murmured so loud, that the noise came to her Majesties ears, who presently commanded the doors to be set open; which was done: and
by that time the Lord Keeper was upon these words following.
The former part of his Oration seemed to set forth matter of form
onely, as the manner of Parliaments, their Antiquities, &c.
The Lord Keeper's Speech.
Heads of the Lord Keeper's Speech. Vide Journal of the House of Lords.
Spaniards preparations by Sea.
Plants himself in Britany.
HE set forth the great malice of the King of Spain which he
had towards this Realm; and that he shewed by Sundry instances. His last Invasion intended, his Forces then addressed out
of the Low Countries for that purpose, to have been conducted by
the Duke of Parma. The high and mighty ships that he then prepared and sent for that purpose; which because he found not fit
for our Seas, and such a purpose, he is building ships of a lesser
bulk, after another fashion; some like French ships, some like the
shipping of England; and many he hath gotten out of the Low
Countries. He is now, for the better invading of England, planting himself in Britain, a Country of more facility to offend us than
the Low Countries: there he hath fortisied himself in the most
strong Holds in that Country.
Corrupts the Scots against their King to assist him to invade England:
To which they consent.
In Scotland he hath of late wrought most of the Nobility to conspire against their King to give landing to his Forces there, and to
assist him in his Invasion; and a great part of the Nobility in
Scotland are combined in this Conspiracy, and they have received
great sums of money for their service herein. And to assure the
King of Spain of their Assistance, they have signed and sent their
Promises sealed unto that King.
The King of Scotland informed of their Practices by the Queen.
These Conspiracies the King of Scots was brought hardly to believe, but that her Majesty advertised him thereof, having received
intelligence thereof, as she hath of all things done and intended in
those parts. And that the King might better advise thereupon, her
Majesty hath sent one of her Noblemen into Scotland; and that
King hath assured her Majesty, with all his ability and endeavour,
to prevent the Spaniard, whose purpose is on the North part to assault us by Land, and on the South side to invade us by Sea; which
is the most dangerous practice that could be devised against us.
And now the Rage of the Enemy being such, his Forces joyned
with other Princes, his adherency is great; the charge of her Majesty for the defence of her Realm, both with Forces by Sea, and
Armies by Land, hath been such, that hath both spent the Contribution of her Subjects by Subsidies, and what otherwise they have offered her; and also consumed her Treasure, yea, caused her to sell part
of her Highness Crown-lands: And it is not to be marvelled how
all this is consumed, but rather to be thought how her Majesty could
be able to maintain and defend this her Realm against so many
Realms conspired against us.
Wherefore, we her Majesties Subjects must with all dutiful consideration think what is sit for us to do, and with all willingness yield
part of our own for the desence of others, and assistance of her Majesty: And therefore he wished that care might be had for advancing
of the Subsidies from the wealthier and better sort;and concluded with
a desire that the greatest part of the time might be spent by material short Speeches, in advising and providing for the defence of
the Kingdom against the forraign Enemy.
After which Speech ended, her Majesty calling the Lord Keeper
unto her, by whose commandment he gave the Lower House authority to chuse their Speaker, and to present him on Thursday following, the 22th day of February, unto which day he adjourn'd
the Parliament.
Upon this Adjournment, the Knights, Citizens, and Burgesses
of the House of Commons departed into the Lower House, and
there chose Edward Cooke Esq; the Queen's Sollicitor, to be their
Speaker; who after a discreet and modest excuse of himself, was
notwithstanding called to the Chair, and placed in it. After the
Ceremony ended, the House of Commons likewise departed for
this day.
Thursday, Feb. 22.
On Thursday, Feb. 22. the Knights, Citizens, and Burgesses of
the House of Commons met about one of the clock in the afternoon; and about three the same day, having notice that the
Queens Majesty and the Lords were sat in the Upper House, expecting them and their Speaker, they repaired thither; and as many
as could getting in, the Speaker was placed at the Bar; where having with all humility excused himself, and confessing that in the
said House there were many more experienced Members thereof,
and better enabled for that service.
To which Speech, the Lord Keeper having Instructions from the
Queen, answered, That her Majesty did very well allow of himself to the Place to which he was chosen, and did also commend the
House of Commons for so discreet and sit a Choice.
Upon which Speech, the Speaker accepting of the said Charge,
with all humble acknowledgment of her Majesties grace and favour towards him, did in the conclusion thereof, make these Petitions of course for the House of Commons, and in their Names:
That they might have free liberty of Speech, and freedom from
Suits and Arrests of themselves and their followers; and that they
might have Access to her Majesties Royal Person upon all urgent
and important occasions; petitioning also for himself, that if any
thing were unwittingly miscarried by himself, the same might not
light upon the House, but upon himself, and be pardoned in
him.
To which last Speech of the Speakers, the Lord Keeper also, by
commandment from the Queen, replied, That her Majesty did well
allow thereof; and for his Petitions which concern'd both the
House and himself, her Highness was willing that they should enjoy
all their ancient and lawful Priviledges; but with this caution, That
she did not allow that any man should speak unreverently or
scandalously either of the Church or State. And then the Lord
Keeper, by the Queens commandment, continued the Parliament
until Saturday following, being Feb. 24.
Nota, That the aforesaid Speeches are set down more at large in
the Journal of the Paslages of the Upper House of this Par
liament, to which they do more properly belong. And on
Friday the House met not.
Saturday, Feb. 24.
Saturday, Feb. 24. the Knights, Citizens, and Burgesses of the
House of Commons did meet in the Lower House about nine of
the clock; but by the Clerk of the Parliament it was signified,
that the Speaker had been ill at ease the night past, and could not
without peril of further sickness adventure to come abroad:
wherefore he craved in his name, leave of the House to be absent
that day.
A Petition delivered to the Lord Keeper by Mr. Wentworth, &c. for intailing the Succession to the Crown. The Queen offended at it, causes them to be consined.
This day Mr. Peter Wentworth and Sir Henry Bromley delivered
a Petition unto the Lord Leeper, therein desiring the Lords of the
Upper House to be Suppliants with them of the Lower House, unto
her Majesty, for entailing the Succession to the Crown; whereof a
Bill was ready drawn by them.
Her Majesty was highly displeased therewith, after she knew
thereof, as a matter contrary to her former straight Commandment,
and charged the Council to call the Parties before them. Sir Thomas Henage presently sent for them; and after speech with them,
commanded them to forbear coming to the Parliament, and not to
go out from their several Lodgings.
A Committee appointed for this thing; but few come to it.
About this matter, in the beginning of the Parliament, was a
Committee appointed to be had of many wise, grave, and antient
Parliament-men as were of the House; but at this time few met at
the place appointed, at least such men as were expected.
Their Secrets discovered by some of them to the Privy Council.
It was appointed at this time to Mr. Stevens to peruse the penning of the Petition that should have been delivered to that House,
and to have provided a Speech upon the delivery of it; but this
office, by reason of other occasions, he could not attend. What
other things were done in that Conference, were, as I heard, confessed unto some of the Privy Council, by some of those Parties
that were present at the Conference. All that were, except those
before-named, went free, and were never called in question.
Sunday, Feb. 25.
Wentworth and Bromeley committed.
The day after, being Sunday, and Feb. 25. and the House sat
not; yet the aforesaid Mr. Wentworth, Sir Henry Bromeley, and
some others, were called before the Lord Burleigh Lord Treasurer
of England, the Lord Buckhurst, and Sir Thomas Henage, who intreated them very favourably, and with good Speeches; but so
highly was her Majesty offended, that they must needs commit
them, and so they told them. Whereupon Mr. Peter Wentworth
was sent Prisoner to the Tower, Sir Henry Bromeley, and one Mr.
Richard Stevens (to whom Sir Henry Bromely had imparted the
matter) were sent to the Fleet, as also Mr. Welche the other Knight
for Worcestershire.
Munday, Feb. 26.
On Munday, Feb. 26. after the Letany was read (which is the
first thing done when the Speaker is set in his Chair) was read an
Act, entituled, An Act for continuing her Majesties Subjects in more
due Obedience. This Bill contained all these Particulars following.
A Penal Act.
1. The Party so indicted and convicted, shall forfeit all his Goods
and Chattels which he hath in his own right, or in the right of his
Wise.
2. He shall forfeit two parts of his Lands, Tenements, and Hereditaments, if he be born under her Highness Allegiance, and of the
age of sixteen years.
3. A Feme Covert shall lose her Dowry or Joynture, which she
might have by her Baron.
4. If a man match with an Inheritrix, being a Recusant, he shall
lose two parts of those Lands to the Queen; and neither of them shall
administrate to any man.
5. Such Party being a Recusant, shall be disabled to make any Purchase or Sale of Lands.
6. He shall be disabled to take or make any Lease, either to the use
of himself, or to the use of his Wife.
7. A Recusant shall forfeit for keeping any such Recusant person
in his house, either servant or Stranger, 10 1. every month, being at
one time so long in his house, or at several times in his yard.
8. He shall be barred to bear any Office in the Land, or to practise as
Counsellor, Doctor, Sollicitor, Proctor, Atturney, or Advocate to the Law.
9. He shall have his Children taken from him, if they be above
the age of seven years, and to be disposed of by the Lords of the
Council, or the Ordinary, or the Judges of Assizes; and their
maintenance to be raised out of the third part of such Recusants
Livings.
10. He shall be disenabled to make any sale of any of his Goods
or Chattels.
11. If he be a Copyholder, he shall forfeit his Copyhold during
his life; whereof two parts is to go to the Queen, and the third to
the Lord of the Mannor.
12. If any person be indicted for Recusancy, of malice, he shall
have the remedy against the party at the Common Law.
13. If any person, having been a Recusant, shall at any time recant, he shall make his submission in the Parish-Church where he dwelleth, acknowledging the Queens proceedings to be just, and detest the
Church of Rome; which he shall also do in open Court before the
Judges of Assize.
14. If any such person, after his Recantation, fall into relapse,
he shall lose the benefit of the former Recantation for ever.
15. Lastly, there is a Proviso, That those that have already bought
any Lands of any that now are or shall be indicted for a Recusant,
the Bargain shall be as good, and stand in effect, as if this had never
been made.
This Bill upon a Committee, received all these Alterations
following; whereupon it came as a new Bill again.
The Penal Bill amended.
The first Article omitted altogether, being thought too hard.
The third. That the women are to lose but two parts of Dowry
or Joynture after her Husbands death: The Husband not being a
Recusant, to forfeit no part of his Land for his Wives Recusancy.
The fifth. All Sales made by Recusants since 2° Eliz. of Lands,
whereof he taketh the profits, or which Conveyance is to his use,
or upon any Trust or confidence, to be void as to the Queen, as for
two parts of the Profits to be answered her; and so all Sales hereafter to be made by any Recusant convicted, the Sale being bona
side.
The sixth. They shall be disabled to be Justices of the Peace,
Mayors, or Sheriffs.
The ninth. Children being ten years, until they be sixteen, to be
disposed at the appointment of four Privy Counsellors, the Justices
of Assize, the Bishop of the Diocess, Justice of the Peace. And if
the third part of the Land suffice not for maintenance, the rest to be
levied of the Parents Goods.
The eleventh. Recusants that be Copyholders, to forfeit two
parts to the Lord of the Mannor, if the Lord be no Recusant; and
if he be, then to the Queen.
The thirteenth. Protesting that he doth not come to Church under colour of any Dispensation or other allowance from the Pope,
but for Conscience and Religion.
Sir Robert Cecill.
Cecill's Speech.
As I remember, I have been of this House these five Parliaments,
and I have not determined to say any thing in these Assemblies
further than my Cogitations should concur with my Conscience, in saying bare I and No. Give me leave, I pray you, to rehearse an old Saying, and it is in Latine: Nec te Collaudes, nec te Vituperes ipse:
For me to do the one, were exceeding Arrogancy; and to do the other, I confess, I hope you will pardon me.
The occasion of this Parliament, which I take to be by that which
we received from the honourable and learned Speech of the Lord
Keeper, as of and from her Majesty to us, in the Higher House, is for
the cause of Religion, and the maintenance thereof amongst us; the
preservation of her Majesties most Royal Person, and the good of this
Realm our Country.
All which, because they be things of most dear and nearest price,
and at this present in exceeding great and eminent danger, it is behoveful to consult of most speedy remedies, which in parcels should
proceed from the most wise heads.
The Enemy to these, is the King of Spain, whose malice and ambition is such, that together with the Pope, that Antichrist of Rome;
for I may well couple them together, the one being always accompanied
with Envy and Prosperity, the other with unsatiable desire, makes
them by all means seek the subversion of this State.
But concerning the first, the Cause of God and his Religion, which
her Majesty professed before she came on this Royal Seat, which she
hath defended and maintained, and for which cause God hath so
blessed her Government ever since her coming to the Crown: yea,
while the Crown was scarce warm on her head, she abolished the Authority of Rome, and did set up God's Truth amongst us, and, to her
great Renown, made this little Land to be a Sanctuary for all the persecuted Saints of God; whereby the People perceived her Magnanimity, Zeal, and Judgment.
Magnanimity, in understanding so great an Enterprize; Zeal,
in professing the same, not of shew, but in sincerity; Judgment, in
defending it, and preventing all the Popes designes: He set forth his
Bulls and Missives against her Majesty, thereby most unnaturally depriving her of her most natural Right, Duty, and Loyalty, which her
Subjects should owe unto her, &c.
Here he touched the many dangers which her Majesty had been
in; which, as it caused him to fear to think, so it did cause him
to tremble to speak, concerning the danger of our Country; and
so the loss of our Lives, Liberties, Wives, Children, and all other
Priviledges.
Let me not trouble you with things passed so long, and perhaps
beyond my reach; but of things passed of late years, and since 88:
when as we were so secure, and never thought the King of Spain
would have set up his Rest for England, then sent he his Navy, termed Invincible, and had almost been upon the backs of us, before
we were aware; yea, we were so slack in Provision, that it was too
late to make resistance, had not God preserved us; his attempt against us, by seeking to win the Low Countries, and to obtain Ireland; which being but trifles, and partly devices, (which I mean
not to trouble you with.) He hath now of late gone about to win
France, wherein he hath greatly prevailed, as in Lorain and in other
parts, as you have heard; but especially in Britain, having most part
of the Port-towns in his possession; whither he still sends Supplies
dayly, and re-enforceth them every four or five months, which Port is
always open, and his men and forces never wanting.
This Province he especially desireth, for it lieth most fitly to annoy
us; whither he may send Forces continually, and there have his
Navy ready to annoy us: the which he could not otherwise so easily
do, unless he had the Wind in a bag. Besides, having this Province,
he will keep us from Traffique to Rochel and Bourdeaux, as he doth
in the Streights from Tripoly and St. Jean de luze; and so binder us from carrying forth or bringing in into this Land any Commodities whereby this Realm might be inriched, and her Majesties
Impost ever increased, being one of the greatest Revenues of her
Crown. He hath also gone about with them of Stode, and the
King of Poland, one of his own Faction, and who, by reason he cannot do in that Kingdom what he listeth, he may easily command
him to impede or hinder our Traffique in those Eastern parts; which
if he could bring to pass, you see how hurtful it would be to this
Land.
But, to descend yet more lower, and into these latter Actions, he
hath seen it is but a folly to endeavour to make a wooden-bridge to
pass into England; therefore he hath found out a more sure way,
and stronger passage unto it by Land, and that by Scotland; which
though it be not talked of at the Exchange, nor preached of at Paul's
Cross, yet it is most true, and in Scotland, as common as the Highway, that he hath procured to him many of the Nobility there. It is
true, he hath sent thither no Navy; and if he had endeavoured it,
her Majesty would not have suffered him: yet do she what she can,
some paltry Fly-boat may escape her Majesties good Ships, and carry
Gold enough in her to make them Traytors, and stir them to Sedition.
These things her Majesty understood before, and advertised' that
King thereof; but he not so well conceiving thereof, hath by the effect
proved the other true. And unless I be deceived, the last Letter
that came from thence the other night, sheweth, that King is gone to
make a Road into the North, and to bring Back the Lord Bothwell
and the Lord Huntley.
The King of Spain's malice thus dayly increaseth against us, and
seeketh also to stir up Sedition amongst us by his Instruments; the
number also of Papists dayly increaseth, or at leastwise be more manifested.
My advice is, That you would consult which ways to withstand
such eminent dangers, which the greater they be, the sooner they
would be looked into and remembred. Wherefore, Mr. Speaker, I
desire some Committees should be appointed of the sufficientest and
wisest men in the House, to consider thereupon.
Sir John Wooley, to the like effect.
Sir John Wooley's Speech.
First saying, That upon the cause of the danger the Realm was
now in, and of the remedy, his Speech should consist; which
he likened to a natural Body, which the more the principal Member was in danger, the greater means should be used for the prefervation thereof. Roan being now made Admiral of France by the
League, should say he was a poor Admiral now, but that he doubted
not but shortly he should be able to bring such a Navy to Sea, as
should terrifie the Queen of England. Also he shewed how the
Princes of the Holy League had conspired the Overthrow of this
Realm, the Extirpation of Religion, and the Confusion of her
Majesty and her Royal Subjects. And he exhorted the House,
now the season of the year grows on, which called many of the
Knights and Burgesses to be in their Countries, besides the Sickness
being in the Town, so that many of that House knew not whether
he lodged in a house infected or not, that they would seek to
dispatch and end the Parliament so soon as might be. He also
shewed how the Dunkirkers troubled our Fisher-men in small
Barques upon the Sea-coasts; and so moved that this matter might
be committed to some of the sufficientest in the House.
He also exhorted the House to a speedy agreeing of a Subsidy;
which, considering the dangers we were in, and that it was for our
own good, as also for her Majesties, he hoped no good Subject but
would most willingly agree to it.
Also he shewed, that the Wars which the King of Spain
brought upon this Nation, had cost her Majesty a Million of money; but this he avouched, that where it cost her Majesty one, it
cost the King of Spain three.
Sir John Fortescue.
They that spake before me, spake sufficiently of the Authors
of ours Troubles, and of the great danger which is now
eminent upon us, insomuch, that it is come to this point now, Non
utrum imperare, sed utrum vivere: I will speak of nothing but
that which concerns my Calling. Her Majesty not onely being careful for the preservation of her own Realm, but of her Neighbours
also; she hath not onely defended her own Subjects from being invaded, but also hath aided Strangers which wanted money, with
whom otherwise it would have gone very ill by this time, and also
with our selves; insomuch that the burthen of four Kingdoms hath
rested upon her Majesty, and maintained with her Purse, England,
France, Ireland, and Scotland. For how could the French King at
his first coming to the Crown, have held out against those Leaguers,
had not her Majesty assisted him with her men and money? which
hath cost her Majesty above 100000 l.: for tis well known the
French King had not been able to withstand the Duke of Parma's
coming into France, had it not been for our English men and money.
As for the Low Countries, it stood her Majesty yearly, ever since she
undertook the defence of them, in 150000 l. all which her Majesty
bestowed, for the good of this Realm, to free us from War at home.
Besides, when her Majesty came to the Crown, she found it four
Millions indebted; her Navy, when she came to view it, she found it
greatly decayed: Yet all this she hath discharged, and thanks be to
God she is nothing indebted. And now she is able to match any
Prince in Europe; which the Spaniards found, when they came to
invade us; yea, she hath with her Ships compassed the whole world,
whereby this Land is made famous through all Nations.
She did finde her Navy furnished onely with Iron Pieces, but she
hath furnished it with Artillery of Brass; so that one of her Ships
is not a Subjects, but rather a petty Princes wealth.
As for her own private Expences, they have been little; in Building, she hath consumed little or nothing; and for her Apparel, it
is Royal and Princely, becoming her Calling, but not sumptuous or
excessive; the Charges of her house small, yea never less in any
Kings time; and shortly, by Gods grace, she will free her Subjects
from that trouble which hath come by the means of Purveyors.
Wherefore she trusteth that every good Subject will assist her Majesty with his Purse, seeing it concerns his own good, and the preservation of his estate: for before any of us would lose the least
member of his body, we would bestow a great deal, and stick for no
cost or charges, how much more ought we in this politick body,
whereof not onely a member, but the whole body is in jeopardy, if
we do not make haste to the preservation of it? And for these Sub
sidies which are granted to her Majesty now-a-days, they are less by
half than they were in the time of Henry the Eighth.
Now, although her Majesty hath borrowed some money of her
Subjects, besides her Subsidies, yet hath she truely repaid every one
fully. He desired the matter might be put to a Committee to
consider of.
Mr. Francis Bacon.
Mr. Speaker.
Sir Francies Bacon's Speech.
"That which these honourable Personages have spoken of
"their Experience, may it please you to give me leave likewise to deliver of my common knowledge.
"The cause of assembling all Parliaments, hath been hitherto for
"Laws or Moneys; the one being the sinews of Peace, the other
of War: To the one I am not privy, but the other I should
know.
"I did take great contentment in her Majesties Speech the
other day, delivered by the Lord Keeper; how that it was a
thing not to be done suddenly, or at one Parliament, nor scarce
a year would suffice to purge the Statute-book, nor lessen it, the
Volume of Laws being so many in number, that neither common
people can half practise them, nor the Lawyers sufficiently understand them, than the which nothing would tend more to the
praise of her Majesty. The Romans, they appointed ten men
who were to correct or recall all former Laws, and to set forth
those twelve Tables so much of all men commended. The Athenians likewise appointed six to that purpose. And Lewis the
the ninth King of France, did the like in reforming his Laws.
Tuesday, Feb. 27.
On Tuesday, Feb. 27. a Bill was read, for transporting of Cloath,
the first time.
Mr. Morris, Atturney of the Court of Wards.
Mr. Morris's Speech.
MY Religion towards God, my Allegiance to her Majesty, the
many Oaths that I have taken for the maintaining of her
Supremacy, causeth me to offer to your considerations, matters concerning the sacred Majesty of God, the Prerogative and Supremacy
of her Majesty, the Priviledges of the Laws, and the Liberties of us
all.
After some touch upon the usage of Ecclesiastical Discipline
by the Prelates, he laid down these three things: Lawless Inquisition, injurious Subscription, and binding Absolution; to which he
spake severally, shewing the abuses of the Bishops in every one of
them. He delivering the Bill, made this his request, That if the
House thought good to receive it, that then they might be Suitors
unto her Majesty to have it allowed. The Bill being delivered by
Mr. Morris his hand unto Mr. Speaker.
Mr. Dalton of Lincolns-Inne, stood up and spake with
much earnestness against it, saying,
IT is hard for me upon a sudden to answer a long premeditated
speech, but as I am able, I will say and shew what I think of
the Bill exhibited: It pretends great things in shew, things tending to the hindrance of God's Service, to the derogation of her
Majesties Prerogative, to the overthrowing of our Laws, and violating of our Liberties; things great in shew, but no such things to be
found in matter spoke against.
It is easie to make of a Mole-hill a Mountain in words; so by a
well-compiled speech, to make a great and dangerous thing of nothing; nay, indeed a thing needless: for that the State hitherto hath
always stood upon this Government. And so shewed how the Ecclesiastical Government was distinct from the Temporal. The
Reasons he gave were few or none; onely his great mislike was,
that having received straight Commandment from her Majesty not
to meddle with things concerning the Church and State of this
Realm, therefore in his opinion the Bill ought to be suppressed.
Mr. Speaker.
IN favour and in free love, above my merits and deserts, you
have elected me to do all my best service, and to be faithful to
you. This Bill delivered to me, is long, and containeth important
matters of great weight, and such matters as cannot be expressed in
few words. It hath many parts; and if you put me presently to
open it, I cannot do it as I should: for indeed it is a matter far above my ordinary practice, and so I cannot so readily understand it;
and to deliver a thing before I conceive it, I cannot.
Wherefore, if it would please you to give me leave to consider of
it, I do prosess I will be faithful, and will keep it with all secrecy.
Hereupon it was put to the question, Whether it should be committed to the Speaker onely, or to the Privy Council and him?
But it was held to be against the Order of the House, that a Bill
should be committed before it was read. Therefore upon a
Motion made by Mr. Wroth, it was agreed that Mr. Speaker should
keep it.
This afternoon at two of the clock, Mr. Speaker was sent for
unto Court; where the Queens Majesty her self gave him commandment what to deliver unto the House.
Wednesday, Feb. 28.
On Wednesday, Feb. 28. after Prayers, the Bill for Recusants was
read. This morning Mr. Morris was sent for to Court, and from
thence he was committed unto Sir John Fortescue's keeping. This
Bill against Recusants was opened and read by Mr. Speaker, who
made fourteen divided parts of the same.
Mr. Speaker.
YEsterday a great Member of this House, after a speech used,
and his Reasons laid forth, delivered two Bills unto me;
which Bills, though not being read, yet were diversly spoken of. They
being long, and the matters grave and of great importance, and the
day being almost spent, I desired further time to consider of the parts
of the Bill: I humbly thank this honourable House, time was granted me freely, it being almost twelve of the clock.
I have perused and read both of the Bills; I have them about me,
and they have been continually with me ever since they were delivered
to me; never any man saw them, nor ever any mans eye more than
my own ever saw one word of them.
A little after I had perused the Bills, I was sent for by a special
Messenger from her Majesty: Coming in her Royal presence, I was
commanded to deliver these words from her most excellent Majesty
unto the body of the Realm (for so she termed this House:) The
matter I have to speak is great, yea it is the greatest matter I ever
had to deal in; wherefore I pray God direct mentem & linguam
hanc. I must be short, for her Majesties words were not many; and
I may perhaps fail in the delivery of them: for though my Auditors be great, yet who is so impudent that the presence of such a
Majesty would not appale him? and it did greatly fear me, when
I did see none of these honourable persons in her presence who were
present at the holding of the matter in this House; yet so God in his
providence had appointed it, that even in this while came in some
of the persons here present, who, if I fail in delivering what was
given me in charge, can report it unto you: and I glad am that there
are witnesses with me in this action what was my faithful service for
the House.
I protest a greater comfort never befel me, than that this my Integrity and faithful Promise to this House, is not violated; for her
Majesty, in her most gracious wisdom, before my coming determined
not to press me in this, neither indeed did she require the Bill of
me; for this onely she required of me: What were the things spoken
of by the House? which points I onely delivered, as they that heard
me can tell.
The Speaker delivers the Queen's Message to the Commons.
The Message delivered me from her Majesty, consisteth of three
things: First, the end for which the Parliament was called. Secondly,
the speech which her Majesty used by my Lord Keeper. Thirdly,
what her Pleasure and Commandment now is.
For the first, it is in me and my power (I speak now in her Majesties person) to call Parliaments, and it is in my power to end
and determine the same; it is in my power to assent or dissent to
any thing done in Parliament.
The calling of this Parliament was onely that the Majesty of God
might be more religiously served, and those that neglect this service
might be compelled by some sharper means to a more due obedience,
and more true service of God, than there hath been hitherto used.
And further, that the safety of her Majesties Person, and of this
Realm, might be by all means provided for against our great Enemies the Pope and the King of Spain.
Her Majesties most excellent Pleasure being then delivered unto
us by the Lord Keeper, it was not meant we should meddle with matters of State, or in Causes Ecclesiastical; (for so her Majesty termed them.) She wondered that any would be of so high commandment to attempt (I use her own words) a thing contrary to that
which she had so expresly forbidden; wherefore with this she was
highly displeased. And because the words then spoken by my Lord
Keeper, are not now perhaps well remembred, or some be now here
that were not there, her Majesties present Charge and express Commandment is, That no Bills touching matters of State, or Reformation in Causes Ecclesiastical, be exhibited: And upon my Allegiance,
I am commanded, if any such Bill be exhibited, not to read it.
Thursday, March 1.
On Thursday, March 1. after Prayers read, an Act was read against Strangers born to sell forreign Wares by retail; no Stranger
born to do it, except he hath served seven years with an Englishman in the same Trade.
Serjeant Yelverton.
Yelverton.
HE spake concerning the Priviledges of this House. The Burgess of Misteard in Cornwall being elected, the Town refused
to deliver up their Indenture to the Sheriff; but the Party elected
made his Indenture, and delivered it to the Clerk of the Crown,
who filed it with the rest of the Indentures returned by the Sheriff,
the Sheriff having indorsed it upon his Writ: but this Indenture
was never executed by the Sheriff, nor return'd; and yet this Return
was held (as it should seem by the Committees) to be good.
Sir Edward Hobby.
Sir Edward Hobby.
The Party outlawed, is not out of his wits, therefore capable;
and then he is a man able to be chosen, and Idoneus to be a
Burgess; onely a difference may be made, where the Outlawry is for
a Cause Criminal, and a Cause Personal, as in this Cause. Is this
disability greater? then a man outlawed may not be a Burgess as
well as an Atturney to a man, or as an Executor. And I think it
will stand with the Priviledge of the House to deliver him, though
be were outlawed.
Mr. Finch.
Mr. Finch.
HE said, he could not tell which to hold, or on which side to
speak. The book of 20 Hen. 7. doth prove, that there
were elected such as were attainted, and that disability was taken
against them. The Writ to chuse a Burgess is not legalem homi
nem, as in all places, but Idoneum; therefore we ought not to be
so strict, as if he were to be challenged upon a Jury. At the Common Law, Outlawries was onely for Causes Criminal, as for Treason or Felony; but these Outlawries in Personal Causes, onely by
the Statute 11 Hen. 4. not so great a difficulty as that at the Common Law. On the other side, utlegatus ne villen. cannot be a
Champion, which is as a Judge to decide; then à Fortiori he can
be no Judge in this House. Outlawry is an Attainder, therefore
the Party so stained, is no competent Judge. The great Charter
is, all Tryals ought to be per legales homines, & parum suorum;
the outlawed man is not of the number of Parium, and so not to be
a Judge. Vide 8 Ed. 3. utlegatus ne puit estre, &c.
Friday, March 2.
On Friday, March 2. the old Question touching an outlawed
man to be a Burgess, was again spoken unto.
Mr. Tanfield.
Mr. Tanfield.
He held, that a Person outlawed might be a Burgess. He made
an Exception where the difference of a Burgess grew upon
matter before the Election, and where after. If the Exception
grew after, then a Burgess elected must not be out of the House. If
Exception be taken to this Election, and this Outlawry now alleadged to disenable him, the Statute of 23 Hen 6. cap. 15. will disenable most of this House; for they ought to be Burgesses resident.
Now if this be a good Election, then it follows, that the Party elected is to have his Priviledge. And although the Common Law
doth disenable the Party, yet the Priviledge of the House being
urged, that prevaileth over the Law.
Sir William Moore.
Sir Will. Moore
First, he shewed, that her Majesty had more cause to have Subsidies, than had Hen. 8. Edw. 6. or Queen Mary: for Hen. 8.
Wars continued not, though they were violent: In his time the
Wars were impulsive, not defensive; he had the suppression of all
the Abbeys, a matter of great Riches unto him; he had a Benevolence, and then a Subsidy, paid within three months to Sir Geo.
Peckham. Edw. 6. had Chauntries, and all the Church-plate for
relief, paid him. Queen Mary had a Relief paid her, which she
never repaid. But her Majesty that now is, hath been a continual
Defence of her own Realms, and her Neighbours France and the
Low Countries; yet hath she repaid the Loans, and hath had no
such helps.
Sir George Carey.
Sir Geo. Carey.
I Speak for the Subsidy; first answering one that hath said we
must regard them and their Estates for whom we be here; saying,
he regarded and came for them, as was meet: and they will more
thank us for taking something from them, than if we should abandon them, and leave them and all that they have, to the spoil of the
Enemy; which will be, if with Forces we provide not to withstand
them: for eminent dangers hangs over our heads, and are intended
to us this Summer.
The Spaniards already have sent 7000 Pistols of gold into Scotland, to corrupt the Nobility; and to the King 20000 Crowns now
lately were dispatched out of France into Scotland, for the levying
of 3000 men, which the Scotish Lords have promised; and the
King of Spain will levy 30000 men, and give them all Pay. Her
Majesty is resolved to send Sir Francis Drake to Sea to encounter
them with a great Navy; wherefore this our Danger is to be prevented, and these her Majesties infinite Charges supplied by us.
Sir Walter Rawleigh.
Sir Walter Rawleigh.
HE spake of the Subsidy, not onely, as he protested, to please
the Queen, to whom he is infinitely bound above his desert, but for the necessity he both saw and knew: He very well
discovered the great strength of the King of Spain; and to shew
his mightiness, he told how he possessed all the world, and also that his malice and ill purpose was evident to this Realm. He
shewed how on every side he had beleaguered us.
In Denmark, that King being young, he hath corrupted the
Council and Nobility so, as it was very likely he would speed himself of Shipping from thence; in the Marine-Towns of the Low
Countries, and in Norway, he hath laid in great store of Shipping;
in France, he hath the Parliament-Towns at his command; in
Britain, he hath all the best Havens; and in Scotland, he hath so
corrupted the Nobility, that he had promised them Forces to assist the Papists; that they were ready to joyn with any forreign
Forces that would make them strong, to be by themselves, and to
resist others: for as he thought, there were not six Gentlemen of
that Country to be of one Religion. In his own Country, there
is all possible preparing, and he is coming with sixty Gallies besides other Shipping, with purpose, if he goes forward and hath
good success, we must then have no Ships, if he invade us riding at
Anchor; but all will be little enough to withstand him. At his
coming, he fully resolveth to get Plimouth, or at least to possess
some of the Havens this Summer within our Land, and Plimouth is
in most danger; for no Ordnance can be carried thither to remove
him, the passages will not give leave.
Now the way to defeat him, was this: To send a Royal Army
and supplant him in Britany, and to possess our selves there; and
to send a strong Navy to Sea, and to lie with it upon the Cape and
at Lambuck, to which places comes all his Ships with Riches from
all places; and then they may set upon all that comes.
Saturday, March 3.
Saturday, March 3. there ensued some discouse touching the Priviledges of the House.
Sunday, March 4.
Munday, March 5.
Mr. Beale.
Mr. Beale.
HE desired to satisfie the House, by reason it was conceived by
the Lords the other day, that upon his Motion, and by the
President he shewed, the House was led to deny a Conference with
the Lords: he acknowledged he mistook the Question appointed;
for there being but a Conference desired by the Lords, and no
confirming of what they had done, he thought we might, and
thought fit we should conser: And to this end, he onely shewed
the President, That in the ninth year of Hen. 4. the Commons having granted a Subsidy, which the Lords thought too little, and
they agreed to a greater; and would have had the Commons to
confirm that they had done. This the Commons thought they
could not do, without prejudice to their honour: Wherefore he
acknowledged himself mistaken in the Question, and desired if any
were led by him, to be satisfied, for that he would have been of
another opinion, if he had conceived the matter as it was meant.
Sir Robert Cecill.
Sir Rob. Cecill.
I Desire now I may be somewhat long, because I must include an
Answer to three Speeches. Those two honourable persons which
sit above, the one of them declared the true state of the Question, the
other, what was sit we should do; but my Answer shall tend onely to
the other Tales that followed.
The first was a kind of satisfaction for a former mistaking, but
in the same satisfaction a new mistaking was also; which was by
way of information, casting it into the House, that the Queen should
seem to demand three Subsidies. Now the Queen never demanded
three, nor one: so here is a new mistaking added to the former satisfaction. The second mans Motion thus far I allow, that the
Councels of this House be secretly kept, and that nothing be reported
in Malam partem; but if his meaning be, that we may not impart
any thing that is done here unto the Queen, but that all things must
be kept secret from her, I am altogether against it. This onely I
should desire, what ought to be observed, that nothing ought to be reported unto her in Malam partem. The third mans Motion consisted upon three points: The first, was News; the second, History;
the third and last, a Motion. His News was, that mens Names
were given up to the Queen; this was News, for I heard it not before. The History was, a large Report of the whole progress of this
matter. His Motion was, that we should confer with the Lords
about a subsidy, but not conclude a Subsidy with them. His Motion seems contrary to his meaning, or else is more than ever was
meant; for it was never desired of us by the Lords, that we should
confer with them about a Subsidy.
Sir Walter Rawleigh.
Sir Walter Rawleigh.
HE informed the House, that he thought the Division of the
House the last day, to grow upon the mistaking of the Question; and that some had since reported to him, That had the matter been resolved, that onely a general Conference was desired, most
of them that sat would not have been against it: Wherefore he
desired Mr. Speaker to put it to the question, Whether they should
confer with the Lords generally or no, without naming a Subsidy.
This Motion being well liked, Sir Walter Rawleigh was desired
by the House to repeat it again, that so it might be the better heard
of them all.
And thereupon he said, That touching the aforesaid Question,
which had receiv'd a No upon Saturday last, he would not make
it a Question again; for by the Order of the House he could not,
but propound this for a new Question, in these or the like words.
Whether the House would be pleased to have a general Conference with the Lords, touching the great and eminent dangers
of the Realm and State, and the present necessary supply of Treasure to be provided speedily for the same, according to the proportion of the necessity? Which Question being propounded, it
was assented unto by all, without any negative voice.
Tuesday, March 6.
On Tuesday, March 6. two Bills had each of them one reading;
of which, the second being a Bill for confirming Letters-Patents
granted to the Mayor, Sheriffs, Citizens, and Commonalty of the
City of Lincoln, was read the second time.
Sir Edward Hobby, one of the Committees for Returns and Priviledges, shewed, that for the Burrough of Calmesford in the
County of Cornwall, one Richard Leech was returned to the Sheriff
for a Burgess by a false Return; and that afterwards Sir George
Carew Knight, was returned Burgess by the true Return: and alleadging that the said Richard Leech offer'd to yield the place to
the said Sir George Carew, he moved for the Order of this House
therein.
And thereupon Mr. Speaker was appointed to move the Lord
Keeper in the said Case for his Order, either for his allowance of
the said Sir George Carew in the place of the said Richard Leech,
or else in awarding a new Writ for chusing another, at his Lordships
pleasure. And so for his Lordships Order in the Case of the Burgess returned for the Burrough of Southwark, in the allowance of
Richard Hutton already returned, or else in awarding a new Writ
for chusing another, at his Lordships pleasure. And so also for his
Lordships altering the name of John Dudley to the name of Thomas
Dudley, in the return of one of the Burgesses of Newtown in the
County of Southampton, or else to award a new Writ, at his Lordships pleasure.
Divers other Bills were read on this day.
Wednesday, March 7.
On Wednesday, March 7. Sir Edward Hobby moved the Case of
Mr. Fitz-Herbert his bringing up unto this House by a Hab. Cor.
cum causa, from the Lord Keeper, sheweth, that he hath moved the
Lord Keeper touching the said Writ; and that his Lordship thinketh best, in regard of the ancient priviledges of this House, that
a Serjeant at Arms be sent by order of this House for the said
Mr. Fitz-herbert, at his own charge, by reason whereof he may be
brought hither to this House without peril of being further arrested by the way, and the state of his Cause consider'd of and examined, when he shall come hither; which was thereupon well
liked and allowed of by this House.
Three Bills had each of them one reading; of which, the second concerning the lawful deprivation of Edward Bonner late Bishop of London, was read the second time.
Thursday, March 8.
On Thursday, March 8. Mr. Speaker shewed unto this House,
that according unto the appointment of this House, he hath attended the Lord Keeper touching his Lordships pleasure for the directing of a new Writ for the chusing of another Burgess for the
Burrough of southwark in the County of Surrey, instead of Richard Hutton Gentleman, supposed to have been unduly and indirectly elected: And also for the allowing of Sir George Carew Kt.
to be Burgess for the Burrough of Camelsford in the County of
Cornwall, as truely returned Burgess of the said Burrough of Camelsford in the said County of Cornwall, instead of Richard Leech
alleadged to have been returned by the said Sheriff, by a false Return made before the said other Return of the said Sir George Carew.
And also for changing the name of John Dudley Esq; returned for
the Burrough of Newtown in the County of southampton, into the
name of Thomas Dudley Esq; alleadged to be the same person, in
very deed, that should have been returned, and that his name was
mistaken, and none living known by the name of John Dudley.
His Lordships answer and resolution in the said Case was, That the
said Returns by the said Burgesses of southwark and Camelsford
should stand and continue according to the Return of the same,
without taking notice of any fact therein, or in the Election at all.
And that his Lordship would direct another Writ for chusing of
another Burgess for the Burrough of Newtown instead of the said
John Dudley, and that his Lordship would insert the said Cause of
misnomer so as is before alleadged.
Four Bills had each of them one reading; of which, the last being a Bill for confirmation of the assurance unto certain Purchasers
of Lands sold by Sir Richard Knightly Kt. Valentine Knightly and
Edward Knightly Esquires, was upon the reading the second time,
committed to Mr. Serjeant Yelverton, Sir Henry Umpton, Mr. Cradock, and others; who were appointed to meet to morrow at two
of the clock in the afternoon, in the Exchequer-chamber.
Friday, March 9.
On Friday, March 9. the Bill concerning Woollen-cloaths, called Vesses, & c. was upon the second reading committed unto Sir
William Knowls, Sir John Hart, Mr. Recorder of London, and others; who were appointed to meet on Tuesday next in the afternoon, in the Exchequer-chamber.
Sir John Harrington and Sir Thomas Wilks were added to the
former Committees in the Bill for confirmation of certain assurances
unto certain Purchasers of Land sold by Sir Richard Knightly Kt.
Valentine Knightly and Edward Knightly Esquires, appointed yesterday.
The Committees in the Bill touching Recusants, nominated upon
Wednesday the 28 of February before-going, are appointed to meet
in this House at two of the clock this afternoon.
The Committees also in the Bill for the naturalizing Samuel Saltingston, and others nominated on the sixth of this instant March,
are appointed to meet tomorrow at two of the clock in the afternoon, in the Middle-Temple-hall.
Divers Bills were this day read.
Saturday, March 10.
On Saturday, March 10. Mr. Wroth, one of the Committees in
the Bill against stealing Oxen, Sheep, and Lambs, shewed, that he
and the rest of the Committees in the same Bill, have met together
and added some Amendments to the same Bill, and offered both
the Bill and Amendments to the House; which Amendments being inserted into the Bill by the Clerk of this House, and the same
Amendments then also twice read, the Bill upon the Question was
ordered to be ingrossed.
Bill for relief of Jurors upon Tryals.
The Bill for relief of Jurors, upon Tryals between Party and
Party, was upon the second reading committed unto Mr. Tasborough, Mr. Recorder of London, Mr. Wroth, and others; and the
Bill was delivered to Mr. Tasborough, who with the rest were appointed to meet this day at two of the clock in the afternoon, at
Middle-Temple-hall.
Divers other Bills were this day also read.
March 11. Sunday.
Munday, March 12.
On Munday, March 12. Mr. Lewis, one of the Committees in
the Bill concerning salted Fish and salted Herrings, shewed, That
he and the rest of the Committee had taken pains in consideration
of the said Bill, and have added a Proviso, and prayed the twice
reading of the said Proviso, and that the same Bill and Proviso may
be ordered to be ingrossed. Whereupon the said Proviso being
twice read, the said Bill and Proviso, after some Speeches both against the said Bill and with it, was upon the Question referred to
the former Committees; who were appointed on Munday the fifth
of this instant March, to be considered of in this afternoon of this
present day, in the Exchequer-chamber.
The Bill committed for the confirmation of Letters-Patents to
the Mayor, Sheriffs, Citizens, and Commonalty of Lincoln, and
concerning the lawful deprivation of Edward Bonner late Bishop
of London, are delivered to Sir Edward Dimmocke one of the
Committees; and also the Committees names in both the said Bills:
And divers Bills read.
Tuesday, March 13.
On Tuesday, March 13. the Bill for reducing disloyal Subjects to
their obedience, had its second reading.
Mr. Chancellor of the Exchequer brought in a Preamble agreed
by the major part of the Committees, to be set down in the Bill for
the Subsidies, if this House shall think well to like of it; which
Preamble being read by the Clerk of this House, the same was after some Speeches had pro & con. committed upon the Question
unto Mr. Vicechamberlain, Mr. Chancellor of the Exchequer,
Mr. Broughton, Mr. Brown, and others, to be presently further considered of in the Committee-chamber of this House.
Mr. Atturney-General and Dr. Ford brought from the Lords a
Bill concerning the Lands of Henry late Lord of Abergaveny deceased, with a Message also from their Lordships, to desire that a Committee of selected Members of this House may be appointed to
have Conference with a Committee of the Lords, touching the
continuance of the Statute. It was resolved by the House to assent to such a Committee; and that assent was also delivered in
answer to the said Mr. Atturney and Dr. Ford, and to attend their
Lordships therein, at such time and place as their Lordships should
please to signifie unto this House, and appoint for that purpose.
Divers Bills were this day read.
Wednesday, March 14.
On Wednesday, March 14. Sir Edward Hobby, one of the Committees in the Bill touching Mr. Stafford, brought in the Bill with
some Amendments; and opening the Effect of the said Amendments to the House, the same Amendments being then also read by
the Clerk, it was ordered by the House that the same Amendments
should be inserted into the Bill.
The Bill for Mr. Anthony Coke had its first reading; Mr. Richard
Lukenor, one of the Committees in the Bill concerning the lawful
deprivation of Edward Bonner late Bishop of London, brought
in the Bill with some Amendments; and opening the contents of
the same Amendments unto the House, the same Amendments being then also read to the House by the Clerk, it was ordered by this
House, that the said Amendments should be inserted in the said
Bill; which was done accordingly.
Divers other Bills were this day also read.
Thursday, March 15.
On Thursday, March 15. Sir Edward Dimmocke, one of the
Committees in the Bill for confirmation of Letters-Patents to the
Mayor, Sheriffs, Citizens, and Commonalty of the City of Lincoln, appointed on Saturday the 10th of this instant March,
brought in the Bill with some Amendments; and opening the
same, the said Amendments were afterwards read by the Clerk, and
then upon the Question agreed to be inserted into the said Bill accordingly.
Two other Bills had each of them one reading; of which, the
latter being a Bill for the better execution of Process, was upon
the second reading committed unto Mr. Lewis, Sir Edward Dimmocke, the Recorder and Citizens of Tork, Mr. Recorder of Lon
don, and others; who were appointed to meet to morrow in the
afternoon in this House.
Divers other Bills were the same day read.
Friday, March 16.
On Friday, March 16. the Bill for Mr. Anthony Coke was upon
the second reading committed to Mr. Wroth, Mr. Dalton, Mr. Francis Bacon, and others; who were appointed to meet this afternoon
at two of the clock, in the Exchequer-chamber. And the Bill
was delivered unto Mr. Francis Hastings one of the Committees.
Four other Bills had each of them one reading; of which, the
last being the Bill for speedy punishment of Felony called petty
Larceny, was upon the second reading committed unto Sir William
Moore, Mr. Hobard, Mr. Sands, and others; and the Bill was delivered unto Mr. Hobard, who with the rest were appointed to
meet upon Tuesday next in the afternoon in the Exchequerchamber.
Divers other Bills were this day also read.
Saturday, March 17.
On Saturday, March 17. Richard Topcliffe and William Basset
Esquires, Sheriffs of the County of Darby, and Mr. Moore being
of Counsel with Mr. Basset, were heard at large at the bar in this
House, in the Case of Tho. Fitz-herbert Esq; returned a Member
into this House, and now a Prisoner in the custody and charge of
the said Sheriffs; and after long hearing of the said Parties, it was
in the end resolved by this House, That this House being a House
of Record, would take no notice of any matter of Fact at all in the
said Case, but onely matter of Record : And that Mr. Speaker, on
the behalf of this House, shall move the Lord Keeper of the great
Seal of England, for return to be made into Chancery of the Writ
of Hab. Corpus cum Causa, in that Case lately awarded by his
Lordship unto the said Sheriff, upon motion to his Lordship from
this House in that behalf, according to the purport of the same
Writ, with such due expedition as they ought to have done, being
Indilate, his Lordship will then at the request of this House, assess
a good round Fine upon the Sheriff for his Contempt.
Vide concerning this matter on Thursday 1. and Friday 2. of this
instant March; and also on March 30. and on April 3. and
April 5. following.
Mr. Thomas, Posthumus, Hobby, shewed, That according to the
appointment of this House, he hath moved his brother Sir Edward
Hobby for the two Bills that were in his hands; viz. the Bill concerning Perpetuities, and the Bill concerning the execution of Process: And that Sir Edward Hobby saith, he is a Committee amongst
others in both the said Bills, by appointment of this House; and
that the same Bills were in that respect delivered unto him by the
Clerk of this House; and that albeit he thinketh it reasonable he
should be acquainted with the proceedings in the said Bills in the
same Committee, as one of the same Committees, yet in regard of the
dutiful good will he beareth to the Members of this House, and
being loath to offend any of the same, he delivered the same Bills
to the said Mr. Tho. Posthumus Hobby to be brought into this House
accordingly; and so the said Mr. Thomas Posthumus Hobby delivered the said Bills.
Divers Bills were this day read.
March 18. Sunday.
Munday, March 19.
On Munday, March 19. two Bills had each of them one reading; of which, the first being the Bill concerning Iron-wyer and
Iron-wyer-works, was read the first time.
Sir Francis Hastings, one of the Committees in the Bill concerning the breadth of Plunkets, Azures, Blues, and other colour'd
Cloaths, appointed on Friday the 16th of this instant March,
shewed, That he and the rest of the Committees in the same Bill
have met together, and have thought good to make some addition
to the said Bill; and opening the Contents thereof to the House,
and after praying that the same might be read, it was after the reading thereof, ordered to be inserted into the said Bill.
Divers other Bills were this day read.
A Bill for selling the Gray-fryars in Cambridge. Sidney-Colledge built by vertue of the said Bill.
Tuesday, March 20.
On Tuesday, March 20. three Bills had each of them one reading; of which, the last being touching the sale of the Gray-fryers
in the Town of Cambridge, was twice read, and ordered to be ingrossed : by virtue of which said Bill, the Colledge, now called
Sidney-Colledge, was built in the said University.
Mr. Cradock, one of the Committees in the Bill for the better
execution of Process, and against Rescues, committed on Thursday
March 15. shewed, That he and the rest of the Committees have
met together, and upon good considerations have thought good to
amend sundry things in the said Bill; and opening to the House
the Effects of the same Amendments, the same being read to the
House, it was ordered upon the Question, they should be inserted
into the said Bill; which was done accordingly.
Divers other Bills were this day likewise read.
The Subsidy passed with great difficulty, by reason of the great sum.
Thursday, March 22.
On Thursday, March 22. the Bill for the grant of three entire
Subsidies, and six Fifteenths and Tenths, was read the third time,
and passed upon the Question, That this Bill of the Subsidy, in
respect of the greatness of the sum, passed the House with very great
difficulties, as it may appear by those several days on which it was
agitated; viz. Feb. 26. March 2, 3. 6, 7.9, 10. 12. 16. and 19.
Charitable Collection.
This day the House was called over, and those Members of this
House which were then present, did pay into the hands of Mr.
Robert Wroth and Mr. Warren, their charitable Contributions to
the relief of the Poor, in such proportion as had been agreed upon
March 19. viz. every Privy Counsellor of the House 30 s. every
Knight in degree, and every one returned a Knight of a Shire,
though not of that degree, and every Serjeant at Law or Doctor
of Law (because I suppose they are in some respects accounted
equal to Knights) 20 s. every Baron of the Ginque-Ports and
every Burgess 5 s.
Divers other Bills were also this day read.
Friday, March 23.
On Friday, March 23. two Bills had each of them one reading;
of which, the last being concerning Woollen-cloaths and Kersies
made in the County of Devon, out of Cities, Towns Corporate, and
Market-towns, was upon the second reading committed to Sir
William Moore, all the Knights and Burgesses of Norfolk, York,
Surrey, Kent, Somerset, Devon, and Cornwall, Mr. Serjeant Harris,
and others; and the Bill delivered to Sir William Moore, who with
the rest were appointed to meet to morrow at two of the clock in
the afternoon, in this House.
Mr. Atturney of the Dutchie, one of the Committees in the
Bill for Mr. Anthony Cooke, shewed, That he and the residue of
the Committee in that Bill, have met and had conference together;
and that in sundry respects, then open'd by him to the House, they
thought good to frame a new Bill ; and so offer'd the same new
Bill, and pray'd it might be read.
Divers other Bills were this day read.
Saturday, March 24.
On Saturday, March 24. the Bill touching Clap-boards and
Casks was twice read, and committed to Mr. Treasurer, Mr. Wroth,
Mr. Francis Bacon, Mr. Finch, and others; and the Bill was deliver'd unto Mr. Treasurer, who with the rest were appointed to
meet this afternoon at two of the clock, in the Exchequer-chamber.
Mr. Thomas Fane return'd into this Parliament one of the Barons of the Port of Dover, and Mr. Henry Fane also return'd into
the same Parliament one of the Barons for the Port of Hyeth, are
licens'd by Mr. Speaker, for their necessary business, to depart.
Divers other Bills were this day read.
March 25. Sunday.
Munday, March 26.
On Munday, March 26. two Bills had each of them one reading;
of which, the last concerning Spinners and Weavers, was upon
the second reading committed unto Mr. Chancellor of the Exchequer, Sir William Knowls, Sir Moyle Finch, Sir Francis Hastings,
and others; and the Bill was delivered to Sir William Knowls,
who with the rest were appointed to meet to morrow in the afternoon, in the Exchequer.
Mr. Speaker shewed, That he had received a Bill signed by her
Majesty for the restitution in bloud of Sir Thomas Parrott Knight,
son and heir of Sir John Parrott Knight, deceased, lately attainted
of High-Treason; whereupon the Bill of restitution of bloud of
Sir Thomas Parrott Knight, son and heir of the said Sir John Parrott attainted of High Treason, was twice read.
Tuesday, March 27.
On Tuesday, March 27. Mr. Fuller, one of the Committees in the
Bill for repealing of a branch of a Statute made 4 & 5 Philip. &
Mariæ, entituled, An Act for making of Woollen-cloaths, sheweth
the travel of the Committees: whereupon then, after some other
Speeches, then moving the House, the said Bill was recommitted
to the former Committees; who had been appointed on Wednesday the 14th of this instant March to meet again this afternoon.
The Bill touching the true and lawful affizing of Bread was read
the second time; and upon the doubtfulness of the Voices, whether it should be ingrossed or no, was upon the Question, upon
the division of the House, rejected with the difference of twenty
seven Voices, viz. with the Yeas sixty five, and with the Noes
ninety two.
Divers other Bills were this day read.
March 28. being Wednesday.
The Bill for renewing, continuing, explanation, perfecting, and
enabling of certain Statutes, was twice read, and committed to the
former Committees, and unto Mr. William Hiningham, Mr. Doughty,
Mr. Rotherham, Mr. Finch, Mr. Atturney of the Dutchie, the Barons
of the Cinque-Ports, Mr. John Hare, Mr. Penrudeck, and Dr. Cesar;
and the Bill was delivered unto Mr. Wroth, one of the former Committees, who with the rest were appointed to meet in this place at
two of the clock in the afternoon.
Sir Robert Cecill, one of the Committees in the Bill for the relief
of poor maimed Souldiers, shewed, That the Committees had met
together, but in the effect, upon sundry reasons shewed unto them
by divers of them in the said Committee to contrary effects, they
could come to no conclusion, but rather to a confusion upon the
points of the matter. For his own private part, he said in the end,
That as this House had committed the Bill unto him, and the residue of the said Committees, so had he thought good to commit the
same Bill to Prison, rather than to return the same to this House in
the same form or no better state than they did before receive it.
Divers other Bills were this day read.
Thursday, March 29.
On Thursday, March 29. Mr. Broughton, Mr. Atturney of the
Dutchie, Sir Thomas Dennis, Sir Francis Godolphine, were added
to the former Committees in the Bill for the Haven of Plimouth;
and appointed to meet at two of the clock in the afternoon this
present day.
The Bill concerning the Haven at Colchester, and the paving of
the said Town, was upon the second reading committed to Mr.
Vicechamberlain, the Burgesses of Colchester, Mr. Grimston, and
others; and the Bill was delivered unto Mr. Wroth one of the said
Committees, who with the rest were appointed to meet at two of
the clock this afternoon, in the Exchequer-chamber.
Divers other Bills were this day read.
Friday, March 30.
On Friday, March 30. Mr. Broughton and Mr. Dier were appointed to attend the Lord Keeper touching the return of the
Hab. Cor. cum Cansa, for the bringing up of the body of Thomas
Fitz-herbert Esquire.
Vide concerning this matter on the first day, the second day, and
the 17th day of this instant March; and also on April 3.
and 15. following.
The Amendments in the Bill for the continuation, explanation,
and confirmation of the Queens Majesties Title to the Lands and
Tenements late of Sir Francis Englefield Knight, being twice read
to the House, and the Bill it self and the Amendments read the
third time also, passed upon the Question.
Divers Bills more were this day read.
The Clergies Subsidy confirmed.
Saturday, March 31.
On Saturday, March 31. the Bill for confirmation of Subsidies
granted by the Clergy, was read the first time, and passed upon the
Question.
The Bill touching Gasks, brought in with more Amendments by
Mr. Wroth one of the Committees; and the same Amendments being twice read, the Bill upon the Question was ordered to be ingrossed.
Divers other Bills were this day read.
April 1. Sunday.
Munday, April 2.
On Munday, April 2. the Bill concerning Woollen-cloaths called Devonshire Kersies, was upon the second reading committed
to the Knights and Burgesses of Devon, Mr. Serjeant Harries,
Mr. George Moore, and others; and the Bill was delivered to Sir
Thomas Denny one of the same Committees, who with the rest were
appointed to meet at two of the clock this afternoon, in the Exchequer-chamber.
Six Bills were sent up to the Lords by Mr. Treasurer and others;
of which, the first was the Act for confirmation of the Subsidies
granted by the Clergy, and another touching the Lands of Sir
Francis Englefield Knight.
Divers other Bills were this day read.
Tuesday, April 3.
On Tuesday, April 3. the Bill concerning Spinners and Weavers
was twice read, and committed to the former Committee; and
Mr. Wroth and the Burgesses of York and Norwich were added to
them.
Sir Thomas Dennis, one of the Committees for Devonshire Kersies, shewed the meeting of the Committees, and that they had in
some few things amended the Bill, praying the reading of the Amendments; which being twice read, the Bill upon the Question
was ordered to be ingrossed.
Divers other Bills were this day read.
Wednesday, April 4.
On Wednesday, April 4. Mr. Barker, one of the Committees in
the Bill concerning Spinners and Weavers, shewed the meeting and
travels of the Committees, and their Amendments of the Bill, praying the reading of the same; which being read, and ordered to
be inserted by the House into the Bill, the same Amendments were
twice read, and the Bill upon the Question was ordered to be ingrossed.
Mr. Wroth, one of the Committees in the Bill concerning Brewers, shewed the meeting and travel of the Committees, and their
Amendments of the said Bill, and prayed the reading of the said
Amendments; which being read, and ordered by the House to
be inserted into the said Bill, and also twice read, upon the Question the Bill was ordered to be ingrossed.
The Bill for explanation of a branch of a Statute made in the
23 year of her Majesties Reign, entituled, An Act to retain the
Queens Majesties Subjects in their due Obedience, with some Amendments to the same, was read the second time; upon which
divers Speeches in the House passed before the said Bill was committed, some of them being of very good moment; which because they are omitted in the original Journal-book it self, is therefore supplied out of the Anonymon-Journal, mentioned at the beginning of this present Journal, in manner and form following.
Sir Thomas Cecill, Dr. Lewyn, Mr. Sands, Sir Thomas Henage,
Sir Edward Dymmocke, and some others, spake diversly to this Bill
touching the explanation of a branch of the Statute made Anno
23 Reginæ, for reducing disloyal Subjects to their Obedience, as is
aforesaid.
Sir Walter Rawleigh.
Sir Walter Rawleigh said, In his conceit the Brownists are worthy
to be rooted out of a Common-wealth; but what danger may grow
unto our selves, if this Law passes, it were fit to be considered:
For it is to be feared, that men not guilty will be included in it;
and that Law is hard that taketh Life, or sendeth into Banishment,
where mens intentions shall be judged by a Jury, and they shall be
Judges what another man meant: But that Law that is against a
Fact, that is just; and punish the Fact as Severely as you will.
If two or three thousand Brownists meet at the Sea-side, at whose
charge shall they be transported? or whither will you send them?
I am sorry for it; I am afraid there is neer twenty thousand of
them in England; and when they are gone, who shall maintain their
Wives and Children?
Divers other Bills were this day read.
Thursday, April 5.
On Thursday, April 5. the Bill for the true assizing and marking of
Timber, was read the second time, and committed to Mr. George
Moore, Mr. Dalton, Mr. Wroth, Sir John Hart, and others; and the
Bill was delivered unto Sir John Hart, who with the rest were
appointed to meet to morrow at two of the clock in the afternoon,
in the Exchequer-chamber.
Mr. Serjeant Owen and Mr. Powle brought in from the Lords an
Act for explanation of the Statute made 34 Hen. 8. as well touching
Grants made to his Majesty, as for confirmation of the speedy Letters. Patents made by his Highness to others; and did pray from
their Lordships the speedy execution of the same.
Mr. Vicechamberlain, one of the Committees with the Committees of the Lords in the Bill for reviving, continuing, explanation,
and perfecting of certain Statutes, sheweth the meeting and conference with the Committees of the Lords; and that their Lordships have thought good to adde some small Amendments to the
said Bill, and a Proviso also for her Majesties Prerogative in point
of transportation of Corn, as the like whereof was in the Statute of
the 13 of her Reign.
Nota, That the business so much before agitated touching Mr.
Fitz-herbert, received this day the final resolution of this
House, as is plainly set down in the often-before-cited Anonymon-Journal more particularly mentioned in the beginning
of this present Journal, although it be wholly omitted in the
original Journal-book; which said Case was singly thus:
Thomas Fitz-herbert being elected a Burgess of the Parliament,
two hours after his election, and before the return of the Writ to
the Sheriff with an Indenture of his Election, the said Sheriff arresteth him upon a Capias utlegatum, after Judgment, at the Queens
suit, (as may be collected out of the reasons given of their said resolution;) and then his Indenture was returned unto the Sheriff.
Upon all which matters, there grew two Questions: First, whether the said Mr. Herbert were a Member of the House? and secondly, admitting he was, Whether he ought to have priviledge?
Which said matter having been much formerly debated on the
1, 2, 17. and 30. days of March last, as also on the 3. instant, received now at last the Judgment of the House; which is inserted
out of the aforesaid Anonymon-Journal-book.
Divers Bills were this day read.
Friday, April 6.
On Friday, April 6. two Bills had each of them one reading;
of which, the second being the Bill for restraint of new buildings,
converting of great houses into several Tenements, and for restraint
of Inmates and Inclosures in and neer unto the Cities of London
and Westminster, was upon the second reading committed unto all
the Privy Counsellors of this House, the Knights and Burgesses of
London, Mr. Francis Bacon, and others; and the Bill was delivered
unto Mr. Wroth one of the said Committees, who with the rest were
appointed to meet this afternoon at two of the clock, in the Exchequer-chamber.
The Bill concerning Devonshire Kersies was read the third time,
and passed upon the Question.
Divers other Bills were this day read.
Saturday, April 7.
On Saturday, April 7. the Bill concerning Coopers was upon
the second reading committed unto Mr. Serjeant Harries, Mr. Dalton, Mr. Wroth, and others; and the Bill was delivered unto Sir
John Hart one of the said Committees, who with the rest were appointed to meet at two of the clock this afternoon, in the Exchequer-chamber.
The Bill for naturalizing of Justice Dormer and George sheppie,
was upon the second reading ordered to be ingrossed.
Mr. Finch, one of the Committees in the Bill for the avoiding
of deceits used in the making and selling of the twice-laid Cordage,
and for the better preserving of the Navy of this Realm, shewed
the meeting of the Committees, and some few Amendments to the
Bill; which being read and allowed by the House, the said Amendments were twice read; and the Bill and the said Amendments also
read the third time, passed upon the Question.
Divers other Bills were likewise this day read.
April 8. Sunday.
Munday, April 9.
On Munday, April 9. Westlen Webben Beer-brewer, and John
Lightbonne Serjeant at Mace, Prisoners at the bar, after admonition given them by Mr. Speaker, were discharged of their Imprisonment, paying their Fees.
Mr. Chancellor of the Exchequer, one of the Committees in the
Bill for explanation of a Statute made 34 Hen. 8. as well touching
Grants made to his Majesty, as for confirmation of Letters-Patents
made by his Majesty to others, shewed the meeting of the Committees, and that they had considered of some small Amendments:
and shewed further, that four several Provisoes were offered to
them; one by Mr. Adams, one by Tipper, one by — and one
by Daws: and so offered in both the Bills the Amendments, and
the said four Provisoes, leaving the same to the further consideration
of the House.
Divers other Bills were read this day.
April 9. Sir John Hart, one of the Committees in the Bill concerning Coopers, brought in the Bill again as not dealt in by the
Committee, for lack of convenient time.
The Bill for restraint of new buildings, converting of great houses
into several Tenements, and for restraint of Inmates and Inclosures
neer unto the Cities of London and Westminster, with one Amendment to the said Bill, was sent up to the Lords by Mr. Treasurer,
Sir John Woolley, and others; with a Remembrance to move their
Lordships for sending down of the Bill for grant of three entire
Subsidies, and six Fifteenths and Tenths, granted by the Temporalty; to the end Mr. Speaker may this afternoon present the same
unto her Majesty according to the former accustomed usage of this
House.
Mr. Serjeant Owen, Mr. Atturney-General, and Mr. Powle, brought
down from the Lords an Act, entituled, An Act for the Queens most
gracious general and free Pardon.
Divers other Bills were this day read.
This Afternoon the Parliament was dissolved.