November 11th - 15th
Wednesday, November the 11th.
On wednesday, November the 11th. A Bill for Avoiding unnecessary Executions upon Judgments, put to the Question, and
ordered to be Ingrossed.
A Bill for Explanation of an Act made 13 Reginæ, touching
Leases of Benefices, and Ecclesiastical Livings with Cure.
A Bill to enable Sir Edmond Markeham to sell his Lands, being Tenant in Tail, as other Tenants in Tail may do; was read
the first time.
A Bill for Reformation of Abuses in making of Cloth, read
the first time.
A Bill for the Inhabitants of the Town of Rappesdale, in the
County of Lancaster, was Committed.
A Bill put in by Mr. Francis Moore, Intituled, An Act for
Confirmation of Grants made to the Queen's Majesty, and of Her
Highness's Grants to others; read the first time.
He said, That forasmuch as it was dangerous to the Queen and
State, that Purchases should be Annulled by Misprision, or the like;
and lest the Queen should be Tenant in Tail, then all Sales made by
her, should be void: Therefore, to avoid this Inconvenience, he
had penned this Law, almost word for word, but altogether to the
Sense of the Statute, made Anno, Hen. 8. cap. which is
even in manner of a Petition: And it being but short, I pray it may
be Read, and Received.
An Act to Restrain Transportation of Money out of this
Realm, and to Restrain certain Abuses in Exchanges. This Bill
was brought in by Mr. John Davis, and read prima vice. Vide
A Bill to abbreviate Michaelmass-Term.
Burgesses of London oppose it.
A Dispute, Whether any of them should be of the Committee?
A Bill for the Abbreviation of Michaelmass-Term. It was put
to the Question, whether it should be Committed, or no? And
the greater Voice were, Yeas. Yet the Burgesses of London were
against it. And therefore, at naming of Committees, they
were exempted; but some would have them in, and others out:
And after many Speeches made, Pro & Contra, it was alledged by
Sir Edward Hobby, That they that had given their Voice against
the Body of the Bill, could not be Committees.
Secretary Cecil speaks to it.
But at length, Mr. Secretary Cecil said, 'I am willing to
speak, in two Respects; the One, touching the Bill it self;
the Other, touching the Controversie in the House, about the
'Touching the Bill, I dare not upon my own Judgment, be
so venturous or bold, to Reject this Bill, unless first it might
have a Commitment. For, the Wisdom of that Time, when
it was first Instituted, was so apt to look into Imperfections,
that doubtless, if any Inconvenience had been but espyed, they
would straight have avoided it.
'Therefore, in my Opinion, it is not fit for us to look into the Actions of former Ages, but upon mature and advised
Deliberation. I do therefore greatly commend the Wisdom
of this House, in Committing of this Bill, and others of the
like Nature and Consequence, before we Reject them.
'For the other Part, Though it be a Rule in the House, That
those against the Bill should be no Committees; yet in a Case of so
great Consequence, and so greatly touching the State of the City
of London, there is no Reason, but they may have their particular
Voices, as Committees, as well as any Member of this House:
Neither have we any Reason to Exclude them, more than any
other; especially they being Chosen for the most Principal
City of this Kingdom; which is the Chamber of Her Majesty: whom we should the rather respect, for Her Majesties
sake; who doth, and will remember their Loyalty and Faithfulness, shewed unto Her in the late dangerous Action, (meaning the Earl of Essex his Rising): For which, if ever Prince
had Cause of Thankfulness to Her Subjects, doubtless Her Majasty is to confess as much.
'In my Opinion therefore, we should do great Wrong, and
purchase them great Blame at their Hands that sent them hither in Trust, if in a Matter of this Consequence, and so particularly touching the State of this City, we should not admit
them as Committees.
Mr. Wiseman replies.
Mr. Wiseman said, 'That by Committing of a Bill, the House
allowed of the Body thereof, though they disallowed of some
Imperfections in the same. And therefore, committed it to
some chosen Men in Trust, to Reform and Amend any thing
therein, which they found Imperfect.
'And it is presumed, That he that will give his No to the
Committing of a Bill, at the Commitment will be wholly against the Bill. And therefore, the House allowing of this
Bill to be Committed, are, in my Opinion, to disallow any
that will be against the Body of the Bill, for being Committees.
Mr. Comptroller starts another Question.
Mr. Comptroller said, He was of Opinion, for the Reasons beforealledged, That they ought to be Committees. But he moved another Question; whether a Committee, speaking against a Bill at
the Commitment, may also Speak at the Ingrossing thereof, in the
House, and have his Free Voice.
Sir Edward Hobby replies.
Sir Edward Hobby said, That may be resolved upon by Precedents: And for my own Opinion, I think, That he that is against
the Body of the Bill, can be no Committee; and he that being a Committee, speaketh against a Bill, may also speak hereafter in the
Mr. Fulke Grevill's Opinion.
Mr. Fulke Grevill said, A Committee was an Artificial Body,
and framed out of Us, who are the General Body: And therefore,
that which is spoken at the Committee, Evanescit, it is gone, when
the Body, which is the Commitment, is dissolved: And then every particular Committee is no more a Part of the Artificial Body, but of
Us the General Body, when he hath his Free Voice, as though he had
never spoken before.
Speaker puts two Questions, about the former Controversy.
Then the Speaker stood up and said, I will propound two Questions, The First, If when a man hath spoken against the Body of a Bill,
he may be a Committee? The Second, If any Committee speak against
a Bill at the Commitment, yet whether he may speak again, and have
his free Voice?
Now (quoth he) I will propound the first Question: All that will
have a man, that hath been against the Body of the Bill to be a Committee, let them shew their Opinions by saying Yea. And not one
said Yea. All that will not, say No. And all said No. So he did
for the second Question; And not one said No, but all Yea.
Then he put it to the Question, whether they of London, notwithstanding this Order, in respect this Commitment so greatly
concerned the State, should be Committees. And the Yeas were
greater than the Noes.
Then he put it to the Question, Whether the Two aforesaid
Rules should be Entred for Orders of Record: And all said Yea.
Thursday Novemb. 12.
On Thursday Novemb. 12. A Bill was Read, for Confirming
of Letters Patents made by King Edward Six, to Sir Edward Seymor, Knight.
A Bill, for the Explanation of the Statutes, made 3, 4, 5, Edv.
6. against Buyers of Butter and Cheese to sell again; and against
Ingrossers and Forestallers.
A Bill, against the unlawful Hunting and Stealing of Deer in
the Night-time, was Read the first time.
A Bill, for the Redressing of certain inconveniencies in a Stat.
21 Hen. 8. Cap. 13. Intituled, An Act against Plurality of Benefices,
for taking of Farmes by Spiritual men, and for Residence. This Bill
was drawn by Robert Eyre of Lincolns-Inn. That the Proviso
of that Statute might be Repealed.
A Bill for avoiding Frivolous Sutes in Court at Westminster.
To which Bill, one Lashbrook an Attorney spake, and shewed
the Inconvenience of Scriveners being Atturnies, and practising
in their Names.
The Bill against Fraudulent Administration of Intestates Goods,
after Ingrosment Read and passed.
The Bill of VVrits of Error also Read, after Ingrosment Passed.
A Rule in the House about Bills.
VVhilst there were divers Disputes of this Bill; Mr. Fleming
the Queen's Solicitor took the Bill to look a word in it; after he
had done and laid it on the Board, One Mr. Brown, Clerk, Comptroller to the Queens Houshold, stood up, and said, Mr. Speaker,
You should, after a Bill is ingrossed, hold it in your Hand, and
let no Man look into it; which was confessed by all. And so
the Speaker took it.
The House was moved, to send these two Bills to the Lords,
and they Chose Mr. Comptroller, and he, accompanied with
divers others, went with them, and returned within half an
Denization of certain Persons.
The Bill for the Denization of certain Persons, viz. will. Millet,
Ann Pope, George Chandlor, Peter Eaton, Nicholas Eaton, Nicholas Taylor,
and others, was Read the second time, and put to the Question
to be Ingrossed. And all said Yea, and there was not one No,
and never Committed.
The Bill for Erecting of a Haven or Key, on the North-part
of Devon, on the River of Severn.
The Officer that Arrested Mr. Cook's man, was brought to the
Bar; and upon his Submission, after a sharp Exhortation, was
dismissed, paying the Serjeant's Fees.
A Bill for Confirmation of Grants made to the Queens Majesty, and of Letters Patents made by Her Majesty to others,
Read Secunda Vice, and then it was Committed.
Friday Novemb. 13.
On Friday Novemb. 13. The Bill against the Covetousness of
Butchers, for Buying, and Ingrossing of Lambskins, out of
Markets and Fairs.
A Bill against Hawkers, &c.
And a Bill against Pedlars, Petty-Chapmen and Hawkers.
And a Bill for Cloath-workers.
And a Bill against wilfull Absence from Church on Sundays;
which Bill, Sir Rob. Wroth preferred. The Effect whereof is, for the
better gathering of One Shilling for every Absence, which is given
by the Stat. of 1 Reginæ, and the Statute is limited to indure
the Queens Reign, (which was greatly whispered at, and Observed in the House).
The Bill for matters concerning Assurance, used amongst Merchants, being moved for a Commitment, and put to the Question, there was not one No.
Sir Hugh Beeston.
Sir Hugh Beeston stood up in the lower end of the House, and
'We that be here, cannot hear you that are above. I would
it would please them that speak there, to speak Louder. Also,
I am to Certify, that I am here for a Town, but not in mine
own Countrey, Denbyshire, or for any part thereof; but if I
should not speak something in behalf of my Country, I dare
not go thither again.
A Motion about a new Writ.
'Therefore I heartily beseech you, Mr. Speaker, that the House
may be Resolved what course is taken, according to the Order
of the House, for the Election of a Knight and Burgess; for
they can not but find themselves greatly grieved for want of
the Election; but what is done I know not.
Secretary Cecil reports.
Mr. Secretary Cecil said, 'Because I am the Reporter of the
Election, as also of the Proceeding, I will now also Certify
you, that there was Order taken for the sending out of a new
Warrant for the Election; but what is done therein, I also
Mr. Speaker gives Account of it.
Mr. Speaker said, 'I gave Warrant to the Clerk of the Crown,
according to the Antient Form, to send forth a new Writ;
who answered me, That the Lord Keeper desired to have the
Warrant directed to him to have a new Writ, and for his
Warrant for Sealing thereof. So that nothing is done there
in, until the Pleasure of the House be known.
Sir Edward Hobby Speaks to it.
Sir Edward Hobby said, 'There is no Court that doth not observe its Rights, and follow its Privileges; Much more this
High Court of Parliament, being the Greatest, and Commander
of all other Courts, doth and ought to Observe the same most
strictly. And all the Precedents that I have seen, touching this
Point, have ever gon to the Clerk of the Crown, and no other; And therefore, I take it, that that Course, cught inviolably to be Observed.
Sir George Moore, &c.
Sir George Moore said, 'I agree with the Gentleman that last
spake, That Precedents ought to be Observed, yet to be altered
upon urgent Occasions, or by necessity of time. Knowing this,
I take it as my duty to Inform you, if any alteration hath
been, it proceeded from imperfection of the Speaker. It was
well Observed by an ancient Member of this House, who is now
with God, that no Conference with the Lords touching a
Subsidy, should be had; yet that Rule hath been altered in late
Parliaments, by reason of special Causes: So I do think it
would be more Honour to this House to direct a Warrant to
the Lord-Keeper, than to an Inferiour Minister of the Chancery.
Sir Francis Hastings.
Sir Francis Hastings said, 'By the Leave of your Honourable
Favours, I will shew you, that I my self was yesterday with
the Lord Keeper, and how honourably I heard him speak of
this House. That he desireth no more, than to shew the Love
and Duty he beareth to this House, as also that himself would
be our immediate Officer, and would be willing and glad to
receive a Warrant from us, so it might be directed to him for
his Discharge, be it in what Terms soever we pleased. And
he said, he doubted not, but if this Honourable House knew
so much, they would rather choose him, than any other Minister. Thus much I thought sit to certify this House of, which
being spoken in private unto me, I now deliver in publick
unto you: For my own Advice, I think nothing can be more
Honourable to this House, than to have a person of so great
Estate, to whom we may direct our Warrant as our Minister.
Mr. Francis Bacon said, 'It is far more Honourable for this
House, in my Opinion, when our Warrant shall move the
Principal Member of Justice, than when it shall command a
base, petty, or inferiour Servant to the Clerk of the Crown, or
the Clerk of the Petty-Bag. It will be said our Warrant emanuit improvide, when we shall direct our Warrant to these base
Officers, when we may move the great Seal of England by it,
even as soon as either Petty-Bag or Petty Officer.
Mr. Speaker said, 'I was ever Zealous and Jealous of the
Privileges and Orders of this House. I was commanded by
you to send forth a Warrant for the Election of a Knight and
Burgesse, I found a Resolution and judgment Agreed and Resolved, That during the time of the Sitting of this House, the
Speaker for any new Election, is to make a Warrant, directed
Secretary Cevil makes a Motion to determine the Controversy about Issuing the Warrants.
to the Clerk of the Crown; so that in my doing thereof, I
hope I have done rightly.
Mr. Secretary Cecil said, 'I shall move unto you a Conclusion,
which will end this Controversy, and in the mean time be a
Saving unto all persons: I mean not to second my former Errour, for which I was excepted to, That is, that Mr. Speaker,
or any Member of this House should attend my Lord Keeper,
but that four of this House, might be Assigned to go unto my
Lord Keeper, to know the cause of the Stay, as also his Lordships request unto this House. And that other six may
be Assigned to call before them the Clerk of the Crown,
the Clerk of the Petty-bag, and the Clerk of this House,
with their Precedents and Books, to see to whom this Warrant hath in former times been directed; and whether the Privileges in former times have daunced a Pavan too and Fro, and
according to the time, have been altered. This to be done this
afternoon, and to certify the House to morrow. And then,
We to make a Determinate Resolution.
To which all said, It was a good Motion.
Mr. Holtcroft a Knight for Cheshire, said, May it please you,
Mr. Speaker, the County-day for Denbyshire is on Thursday
next; and therefore, there had need be speed made, or else there can
be no Election this Parliament.
Mr. Speaker said, wil it please you to name the six Committees? So
the House Named, Sir Edward Hobby, Serjeant Harris, Sir Francis Hastings and three others.
Mr. Speaker also said, wil it please you to Nominate the four to
go to the Lord Keeper? So the House Named Mr. Secretary Hubbart, Sir Edward Stafford, Sir Edward Stanhop, and Mr. Fulk
Saturday Novemb. 14.
On Saturday Novemb. 14. The Bill for the Confirmation of
the Sale of Lands, made by Lewes Lord Mordant Deceased.
The Bill for Amending the Statute made 8 Reginæ, concerning the making of Hats.
A Bill to enable Sir Edward Markham Knight, to sell Lands,
was Read and committed: The Committee to meet on Friday in
the afternoon, in the Court of Wards.
The Bill for the Repealing of certain Statutes, for the Reforming of certain Abuses in Cloathing, in the County of
Mr. Johnson inform that he is Subpœnad.
Mr. Johnson said, Mr. Speaker, I being a Member of this House,
I thought it my Duty to Inform you, That my self and divers others
are served with Subpœnas. I do not this, either that I am loath to
Answer, or desire to delay Justice, but to Inform the House thereof;
left Peradventure it might be a Precedent, or some prejudice to the
Priviledge of this House. Here is one, which is now delivered
into my Hand. The House Cryed, Read it. So the Clerk
Edvardo Mountague & Jacobo Harrington, &c. & indorsatur
Stephanus Riddlesden sequitur hoc.
Another was read, Michaëli Hicks, & Thomæ Lowe, in Cancellaria.
Another, Henrico Jackman, & Jeronimo Horsey, in Scaccaria,
ad sectam Thomæ Cornwallis Armigeri, per Billam Anglicanam.
Another, Michaëli Sames, & Riccardo Sames, in Banco Reginæ,
ad Testificandum inter Reginam & Johannem Stray.
After the Reading of which, he certified the House thus much;
That the Informer came to his Lodging this Morning, as he was
coming out of the Doors, and asked for him; he told him, He was
the Man: Then (quoth the Informer) the Queen Greets you
well. what's this, (quoth I?) A Subpœna, (quoth the Informer)
and I charge you to appear upon it, according to the Contents.
Then I told him, I was of this House, and could not Attend: He
answered me again; There it is, I care not; look you to it at
David Waterhouse shews Reasons for the Allowing it.
Mr. David waterhouse stood up, and shewed, That the Subpœna came out of his Office; and further shewed The Necessity
of Obeying it: For that a Cause for want of a witness, might be
lost. And therefore, if the Hearing be appointed at a Day certain,
the Client might peradventure be undone, if he should not have
this Subpœna ad Testificandum, in due time, both served and appeared unto.
Sir Edward Hobby shews Precedents against it.
Sir Edward Hobby alledged divers Precedents in this Point;
as the 10th. of February, 27 Reginæ Mr. Kerle served one Roger Stepney with a Subpœna, into the Star-Chamber; for which
he was adjudged to the Serjeant at Arms Keeping, for Six Dayes,
and to pay Five Marks Charges. And the 25th. of March, 27 Reginæ, Mr. Crook served a Member of this House with a Subpœna,
into the Chancery; and for so doing, was adjudged to give a Copy of the Bill, and Twenty Shillings for Charges; and was committed to the Serjeant's Keeping.
Seconded by Mr. Wiseman against it.
Mr. Wiseman said; 'That notwithstanding the Allegation and
Excuse of the Gentleman, that spake in Favour of the Subpœna ad Testificandum, I think it deserveth no more Favour
than the other: For if the Necessity of the Cause were such,
that he must needs be served, and spared out of this House,
the Party ought to ask Leave of the House, or at least of the
Speaker; or intreat him to relate the same to the House.
Sir George Moore of the same Opinion.
Sir George Moore said; 'I think, as the Gentleman that last
spake; for the like Subpœna being brought the Last Parliament, it grew a Question, whether it was an Impeachment to
the Privileges of the House. And after some Dispute, an Antient Member of this House shewed divers Precedents, how
that the Minds of the Members of this House ought to be
freed, as well as their Bodies. Whereupon two Members of
this House were sent, to require the Lord-Keeper to Reverse
He also spake of a Quo Warranto, for the Liberties of the
Then it grew to a Question, whether a Burgess of the Parliament may be served with a Subpœna ad Testificandum: and concluded, He could not.
So after this Dispute, it was agreed, That the Serjeant should
be sent to Arrest all those to appear, that had procured the
Subpœna afore-said, to answer their Contempts with all
Sir Francis Hastings stood up, and made a Relation of the
Proceedings, which he, with the other Committees, according
to the Commandment of the House the Day before, had
Sir Francis Hasting's Report.
He said; 'We have called before us the Clerk of the Crown,
the Clerk of the Petty-Bagg, and Our Clerk of the Parliament.
The Clerk of the Crown shewed unto us five Warrants, and one
Order, all in one Course, and one Form, in 27 Reginæ. Three
of the Warrants were directed to the Clerk of the Crown, Two
without Directions: & he shewed unto us Two Writs, without
Warrants. Then we called the Clerk of the Petty-Bagg, who
would shew us no Warrants, but only a Record of a Writ in
his Roll, 39 Reginæ: Only, he said, (but we heard him not)
That Warrants had been granted to the Clerk of the Petty-Bagg.
The Clerk of the Parliament shewed unto us Two Precedents;
one of the Fifth, and the other of the Thirteenth Reginæ; both
without Direction; but-with these, or to the like Effect, as
I take it: It is required, such and such a Thing be done, &c.
Sir Edward Hobby's Report.
Sir Edward Hobby said; 'Because the Truth hereof might be
made more plain, and that it pleased you to command my
unworthy Self, to attend Yesterdayes Service; I will, under
the Favour of the Gentleman that last spake, make a Repetition, ab Origine, a little longer than he did, for the Satisfaction of this House, and our Pains.
'It pleased you, to depute Six for this Service: Five attended the Serjeant at Law, (Mr. Serjeant Harris) of whose Furtherance we best hoped, yet deceived both your, and our Expectations. The Clerk of the Crown, the Clerk of the Petty-Bagg,
and the Clerk of the Parliament, attended us. The Clerk of the
Petty-Bagg, delivered unto us a fair Record, containing a Writ
sent out Sedente Parliamento; for so are the Words: It was
for the Knights in Yorkshire, and Lancashire, &c. This was all
he could shew: Only, he said, An old Officer would be sworn;
There were more, but lost by Mr. Garth's Decease.
'The Clerk of the Crown dealt with us two wayes. The First,
By way of Experimented Officers: The Second, By way of
Precedent. For the First, One Steven Browne was brought before Us; who had been an Officer in the Crown-Office, these
Thirty-Six Years: And being asked, If he knew how Warrants
were directed? He answered, That in the Time of the Lord-Keeper Bacon, when he was Speaker of this House, they were directed to the Clerk of the Crown. Being further asked, If they
were ever impugned? He answered, No. Being asked, where
these Warrants were kept? He answered, On the Labels in the
House. The said Clerk shewed us Five Precedents, and One
Order: The rest were lost, by Mr. Watson's Death; as the other Precedents were, by the Death of Mr. Garth.
'The Clerk of the Parliament produced Warrants indefinite, of
13 Reginæ, when Sir Christopher Wray, Knight, was Speaker:
As also, an Order dated the Eighteenth Day of March, 1580.
die Sabbati; That a Warrant should be directed to the Clerk
of the Crown, to Choose a New Burgess for Norwich, instead of
one Beamont: The Words whereof were; It is required by the
Knights, Citizens, Burgesses, and Barons, &c. And also, another Order, dated die Sabbati, 18 March, Anno 1580. In these
Words; It is further Agreed upon, and Resolved by this House,
That during the Time of the Sitting of this Court, there do not
at any Time, any writ go out, for the Choosing or Returning of
any Knight, Citizen, Burgess, or Baron, without the Warrant of
this House, first directed for the same, to the Clerk of the Crown;
according to the Antient Jurisdiction and Authority of this House,
in that behalf accustomed. And another Warrant subscribed;
Henry Gates, William Fleetwood; who were Committees in Examining of a Cause, touching one Henry Beremaker, and Anthony Wilde. The Effect whereof was; That for as much as they
were Arrested into the King's-Bench, whereas we find them Privileged, as Members of this House; A warrant was directed to
the Clerk of the Crown, for making VVrits of Privilege, as
afore-said. Dated from Westminster, the Sixth Day of December, 1586.
'Therefore, in my own Opinion, and according to these
Precedents, I think, the Warrant ought to be directed to the
Clerk of the Crown.
Sir George Moore of the other Opinion.
Sir George Moore stood up, and shewed a Precedent, Dated on Fryday, the Second Day of March, 35 Reginæ: 'Where a New
Writ was to be awarded out, concerning one Mr. Fitz Herbert; and a Writ of Privilege to come from the Chancery:
And the Speaker made a Warrant to the Lord-Keeper, to make
a New Writ, in the like Case; both touching Southwark, and
Melcombe Regis. So, I think, the Warrant ought to be directed
to the Lord-Keeper.
Mr. Tate's Opinion.
Mr. Tate of the Middle-Temple, shewed; 'That Ratio Legis,
was Anima Legis: And he that presents a Precedent without
a Reason, presents a Soul without a Body. There is a Difference of Writs: There be Brevia ex gratia Speciali, and Brevia Cursoria. The Writs which we speak of, are Brevia Cursoria: And therefore, when the Warrant hath gone from the
Speaker to the Clerk, it hath caused the Writs to be Sealed of
course, by the Lord-Keeper, &c.
Secretary Herbert reports from the Lord-Keeper.
Mr. Secretary Herbert shewed, 'How that He, with the other Three, by their Commandments, had been with the LordKeeper; whom we found most Honourably to Entertain both
me, and the rest: and that his Lordship did greatly respect
the Majesty and Gravity of this House; and said, He would be
loth to derogate any thing from Either: Notwithstanding, he hoped and prayed, That if any former Precedents had improvidently
gone from this House, or contrary to the most Antient Usage,
that we would now Settle our Resolutions, and Establish and Decree that, which might be a sufficient warrant unto him, to put in
Execution our Commandments; and also increase the Majesty and
Honour of this House: Which he most heartily wished, might
ever continue. And for my part, I can assure you, we cannot wish him to be more Honourable, or more Agreeable to
this House, than we found him.
Mr. Doyley of Lincolns-Inn, said: 'Mr. Speaker, As I take it,
there is a Precedent this Parliament, which will decide this
Question. For there is an Honourable Person in this House,
being Chosen with my self, Burgess for Wallingford, and also Knight of the Shire, chose to be Knight: And a Warrant went from You, Mr. Speaker, directed to the Clerk of the
Crown, for Election of a New Burgess; who is Chosen, and
Sworn; and is now a Member of this House: Mr. Thomas Fortescue, by Name.
The House calls to put it to the Question.
Mr. Fleming, the Queen's Sollicitor, said: 'The Clerk of the
Crown is our Immediate Officer; He is to be Attendant between the Two Doors of the Upper-house, and the Lower-house:
When any Warrant-General is required, he is to Subscribe
it, to Certifie it, &c. He is to convey our Minds and Messages to the Upper-house; yea, this Warrant is to be directed
unto him.—Then all the House cryed, to have it put to the
The Speaker divides into Three Questions or Parts.
Then the Speaker stood up, and said: The Question must stand
on Three Parts: First, If the Warrant shall be directed to the Clerk
of the Crown? Secondly, If to the Lord-Keeper? Thirdly, If
without any Direction?
The House Murmurs.
The House, after this Speech, was in a great Murmur, and very Loud.
Then stood up one, and said; Mr. Speaker, Let the First Question stand, and then all will be at an end.
Then said the Speaker, Shall the First Question stand? And all
Then he said, All that will have the warrant directed to the
Clerk of the Crown, say, Yea: And all that will not, cry, No.
And the Yeas got it a little.
Then he asked, If they would have this Order entered of Record?
The Question determined.
And all cryed, Yea, Yea.
Sunday, Novemb. 15.