Historical Collections: Or, An Exact Account of the Proceedings of the Four Last Parliaments of Q. Elizabeth. Originally published by T. Basset, W. Crooke, and W. Cademan, London, 1680.
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February 19th - April 9th
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.
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 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 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.
Sir Robert Cecill.
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.
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.
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.
"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.
Mr. Morris, Atturney of the Court of Wards.
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.
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.
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.
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.
YEsterday a great Member of this House, after a speech used, and his Reasons laid forth, delivered two Bills unto me; which Bills, though not being read, yet were diversly spoken of. They being long, and the matters grave and of great importance, and the day being almost spent, I desired further time to consider of the parts of the Bill: I humbly thank this honourable House, time was granted me freely, it being almost twelve of the clock.
I have perused and read both of the Bills; I have them about me, and they have been continually with me ever since they were delivered to me; never any man saw them, nor ever any mans eye more than my own ever saw one word of them.
A little after I had perused the Bills, I was sent for by a special Messenger from her Majesty: Coming in her Royal presence, I was commanded to deliver these words from her most excellent Majesty unto the body of the Realm (for so she termed this House:) The matter I have to speak is great, yea it is the greatest matter I ever had to deal in; wherefore I pray God direct mentem & linguam hanc. I must be short, for her Majesties words were not many; and I may perhaps fail in the delivery of them: for though my Auditors be great, yet who is so impudent that the presence of such a Majesty would not appale him? and it did greatly fear me, when I did see none of these honourable persons in her presence who were present at the holding of the matter in this House; yet so God in his providence had appointed it, that even in this while came in some of the persons here present, who, if I fail in delivering what was given me in charge, can report it unto you: and I glad am that there are witnesses with me in this action what was my faithful service for the House.
I protest a greater comfort never befel me, than that this my Integrity and faithful Promise to this House, is not violated; for her Majesty, in her most gracious wisdom, before my coming determined not to press me in this, neither indeed did she require the Bill of me; for this onely she required of me: What were the things spoken of by the House? which points I onely delivered, as they that heard me can tell.
The Message delivered me from her Majesty, 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.
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.
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.
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.
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.
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.
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.
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.
Sunday, March 4.
Munday, March 5.
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.
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.
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.
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.
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.
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 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
March 18. Sunday.
Munday, March 19.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Saturday, March 31.
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.
Tuesday, April 3.
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.
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 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?
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.
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.
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.
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.
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.
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.