The Journals of Parliaments, Journal 22

The Journals of Parliaments · Journal 22

p. 468THE JOURNAL OF THE House of COMMONS.

A Journal of the daily Passages of the House of Commons in the Parliament holden at Westminster, Anno 35 Reginae Eliz. Anno Domini 1592. which began there on Monday the 19^th Day of February, and then and there continued until the Dissolution thereof on Tuesday the 10^th Day of April, Anno Domini 1593.

THIS Journal of the House of Commons is fully replenished with many Excellent Passages; both touching the publick State of the Realm, and also concerning Priviledges, Elections, Returns and such like private Affairs of the House it self: So that not only the dangers of the Realm were discussed and the Ecclesiastical Government touched, but also consultation was had for a seasonable and timely preparation to be made against the ambitious and proud designs of the Spanish King. Neither is it unworthy the Observation, that some unusual distast was occasioned from her Majesty towards some Members of the House by reason of their intermedling with the Succession of the Crown, which she had expresly forbidden. Which Passage, as also divers other particular Speeches, being not found in the Original Journal-Book of the House of Commons, are supplied out of another Journal of the same House very exactly and elaborately taken by an Anonymus, being a Member of the same at this Parliament: but yet with this Caution, to avoid confusion, that whatsoever is inserted out of the saidAnonymous Journal hath a particular Animadversion annexed unto it for discovery thereof.

The eighth Parliament of our Soveraign Lady Elizabeth by the Grace of God Queen of England, France and Ireland, Defender of the Faith, begun at Westminster upon Monday being the 19^th day of February in the thirty fifth year of her Majesties Reign. And thereupon many of the Knights, Citizens, Burgesses and Barons returned into the same Parliament, then made their Appearances at Westminster before the Right Honourable the Earl of Darby, Lord Steward of her Majesties most Honourable Houshold, and did take the Oath before the said Lord Steward or his Deputies, according to the Statute in that behalf lately made and provided.

The manner of the administring of the said Oath to the said Knights, Citizens and Burgesses, was as followeth. The said Lord Steward removed into the Court of Requests, and having called over the said Knights and others that were returned by their names, M^r Vice-Chamberlain and others of her Majesties Privy-Council took the said Oath before his Honour; and then having appointed them his Deputies to swear the residue of the House of Commons who had then appeared according to their several returns, he departed. And thereupon, his Lordships said Deputies proceeded to the further administrating of the aforesaid Oath to other Members of the said House; who after they had taken the same, entred into it and placed themselves. The Fee for entring the name into the Serjeants Book, is two shillings. The reward to the Door-Keeper three shillings eight pence. The Fee for returning the Indenture two shillings.

About two of the Clock in the Afternoon this p. 469present Monday her Highness with divers of the Lords Spiritual and Temporal, and such others as had place there, being let into the Upper House, and the Knights, Citizens and Burgesses of the House of Commons, as many as conveniently could, being (at length) let in; The Right Honourable Sir John Puckering Knight, Lord Keeper of the Great Seal of England, declared the said Parliament to be called by her Highness only for Consultation and Preparation of Aid to be had and made against the mighty and great Forces of the King of Spain, bent and intended against this Realm, as well by some practices attempted by him in the Realm of France, and with some of the Nobility of Scotland, as by many other ways and means to that end and purpose. And did in the end advise the said Commons to employ the time of this present Session of Parliament in the aforesaid Consultation; and not to go about the making of any new Laws for the Common-Wealth at this time, as well for that there are very many good Laws already in force; more (he said) than are well executed; as for that also such new Laws (if they be needful) may be treated of and dealt in at some other time hereafter. And so willed them to repair to their accustomed place, and make Choice of their Speaker. Which done, the said Parliament was Adjourned until Thursday next following.

After which the said Knights, Citizens and Burgesses of the House of Commons being Assembled in the same House, the Right Honourable Sir Francis Knowles Knight, one of her Majesties most Honourable Privy-Council, and Treasurer of her Highness most Honourable Houshold, stood up, and putting the House in remembrance of the said Charge of the said Lord Keeper given unto them for chusing of their Speaker; and very gravely and amply setting out sundry the good parts and commendable qualities and abilities of the Right Worshipful M^r Edward Cooke Esquire Learned in the Laws of this Realm, Sollicitor General to her Majesty, and being a Member of this House returned into the same one of the Knights for the County of Norfolk doth in the end for his part and opinion nominate the said M^r Edward Cooke to be chosen for their Speaker in this present Parliament, if the residue of this House shall so think good. Unto which Motion as many of the said House assented with their Voices, so the said M^r Edward Cooke thereupon stood up, and very gravely and discreetly behaving himself as well in all due thankfulness unto this House for their said good opinion conceived of him, as also in disabling himself in divers respects for the discharge due and requisite for that place, humbly prayeth them to proceed to a new Election. Which done, the Right Honourable Sir Thomas Heneage Knight, Vice-Chamberlain to her Majesty, and one other of her Highness's most Honourable Privy-Council, stood up, and not only approving but also very much amplifying the said former sundry commendable gifts and abilities of the said M^r Edward Cooke exceeding many others, and comparable in his opinion and judgment with any others for that place and charge, (gathering also the same partly from his own late former Speech of excuses) doth in the end resolutely deliver his opinion to make choice of the said M^r Cooke to be their Speaker. And also thereupon moving the question to the House, the said M^r Cooke was with one full consent and voice of the whole House, nominated and chosen to be their Speaker for this present Parliament. And so was thereupon presently brought by the said M^r Treasurer and M^r Vice-Chamberlain, and set in the Chair. And immediately after the House did rise and were appointed to repair thither again upon Thursday next following.

On Thursday the 22^th day of February, to which day the Parliament that begun on Monday foregoing, being the 19^th day of the same Month, had been continued by Sir John Puckering Knight Lord Keeper of the Great Seal, by her Majesties Commandment, the Queens Majesty and divers of the Lords Spiritual and Temporal being set in the Upper House, the Knights, Citizens and Burgesses of the House of Commons had notice thereof, and thereupon they repaired thither with Edward Cooke Esquire, her Majesties Sollicitor, their lately Elected Speaker; who being led up to the Rail or Bar at the lower end of the said House by two of the most-eminent Personages of the aforesaid House of Commons, after humble reverence made, declared unto her Majesty his Election to the said place of Prolocutor; and then alledging (according to the usual course) his own insufficiency did desire her Majesty to enable him to that Charge; and to consider that howsoever he were the meanest that ever went before him in that place in respect of Experience, yet in respect of his faithfulness he thought himself inferlour to none.

After which Speech her Majesty by the Mouth of the Lord Keeper, having allowed and approved his Election, the said Speaker having in a second Speech shortly touched her Highness happy and victorious Reign, and somewhat largely proved the antientSupremacy of the Kings of England in Ecclesiastical matters, did in the end of his said Speech make certain Petitions of course in the name of the House of Commons; First, For liberty of Speech; Secondly, For freedom from Arrests; And thirdly, For Access unto her Majesty. And lastly, For Pardon for himself if he should in any thing unwittingly be mistaken.

To which Speech the Lord Keeper, having received new Instructions from her Majesty, made a reply in particular to the several branches of the said Speakers Speech. And to his three demands he Answered, that liberty of Speech was granted in respect of the I and No, but not that every one should speak what he listed. And touching freedom from Arrests, and Access to her Majesty, p. 470he advised, that they might be cautiously made use of.

Nota, That none of these Particulars touching the Presentment of the Speaker, are set down in the Original Journal-Book of the House of Commons, but are abstracted out of another Journal of the same House taken by an Anonymous Member of the same during the Parliament, mentioned at the beginning of this present Journal, yet it appeareth plainly by the very Original Journal-Book it self, Fol. 262. l. that the Prosocutor was this day presented to her Majesty, where the words are as followeth, viz.

Jovis xxii^do Febr. 92.

This Day M^r Speaker was presented unto her Majesty.

Which said words (being only here a little otherwise placed for Order sake than there) have a large Blank left at the end of them of somewhat above half a page, with intention no doubt at the first to have inserted the whole manner of the proceeding both of this presentment and admission.

After the Return also of the Speaker (now compleatly invested in that place) with the rest of the House of Commons, one Bill was read according to the usual form in that Case accustomed, which is set down in the said Journal-Book in these words following, viz.

The Bill, that a Bar at large may be pleaded in any Action of Ejectione firmae was read the first time.

M^r Speaker immediately after the reading of this Bill, and his opening of the contents of the same to this House, shewed unto them from her Majesty, that her Highness had Adjourned (mistaken for continued) the Higher House till Saturday next; And also that her Majesties pleasure likewise was, that this House should therefore be Adjourned till the same time; which being so done accordingly, this House did then rise, and every man went away.

On Saturday the 24^th day of February the House being set, and a great number of the Members of the same assembled; M^r Speaker not then as yet being come to the House, some of the House said one to another, they heard he was sick: And one affirmed it to be so indeed, shewing that he had been with him this Morning himself; and left him sick in his Bed, and his Physician and his Wife with him; and some others supposing that he would shortly signify unto this House, the Cause of that his absence, moved that the Clerk might in the mean time proceed to saying of the Litany and Prayers. Which being so done accordingly, the Serjeant of this House presently after the said Prayers finished, brought word from M^r Speaker unto the Right Honourable Sir John Woolley Knight one of her Majesties most Honourable Privy Council, and a Member of this House and then present in the same House, that he had been this last Night and also was this present Forenoon so extreamly pained with a wind in his Stomach and Loosness of Body, that he could not as yet without his further great peril and danger adventure into the Air at this time, which otherwise most willingly he would have done. And willed that the Clerk of this House might signify unto the House the said estate of his Case, and in his name to desire their good favourable considerations of the same, not doubting their gentle and courteous acceptance of that his so reasonable excuse, as by this House hath also been in former time used in like Case towards some other his Predecessors in the place he now serveth; And to shew them, he trusteth in God he shall be able to attend them in this House upon the next day of sitting, which will be Monday next. The Effect of which Message being then signified unto this House by the said Clerk of the House, all the said Members of this House being very sorry for M^r Speaker his sickness, rested well satisfied. And so the House did rise, and every man departed away.

Nota, That this is all which is found in the Original Journal-Book of the House of Commons touching this days business, and therefore that which followeth is supplied out of that Anonymous Journal mentioned at the beginning of this present Journal, touching the residue of this days passages.

This day M^r Peter Wentworth and Sir Henry Bromley delivered a Petition unto the Lord Keeper, therein desiring the Lords of the Upper House to be suppliants with them of the lower House unto her Majesty for Entailing the Succession of the Crown, whereof a Bill was readily drawn by them.

Her Majesty was highly displeased therewith after she knew therof, as a matter contrary to her former strait Commandment; and charged the Council to call the parties before them. Sir Thomas Heneage presently sent for them, and after Speeches had with them, commanded them to forbear the Parliament, and not to go out from their several Lodgings.

The day after being Sunday and the 25^th of Febr. though the House sate not, yet they were called before the Lord Treasurer, the Lord Buckhurst and Sir Thomas Heneage. The Lords intreated them favourably and with good Speeches; But so highly was her Majesty offended that they must needs commit them, and so they told them. Whereupon M^r Peter Wentworth was sent Prisoner unto the Tower; Sir Henry Bromley and one M^r Richard Stevens, to whom Sir Henry Bromley had imparted the matter, were sent to the Fleet, as also M^r Welch the other Knight for Worcestershire. Vide Mar. 10.

About this matter in the beginning of the Parliament was appointed a Committee to be had of many grave, wise and ancient Parliament men, which were of the House, but at this time few p. 471met at the place appointed, at least not such as were expected.

It was appointed also at this time to M^r 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 or spoken in that Conference, were, as I heard, confessed to some of the Privy-Council by some of those Parties that were present at that Conference. All that were there, except those beforenamed, went free and were never called in question that I heard of. And thus far it is inserted out of the aforesaid Anonymous Journal.

On Monday the 26^th day of February, the Bill for reducing disloyal Subjects to their due Obedience, had its first reading.

Upon a Motion made by M^r George Moore touching some questions for the manner of Election of one Richard Hutton returned into this House one of the Burgesses for the Borough of Southwark in the County of Surrey, and supposed to have been indirectly made; and so prayed to be further Examined by some Committee of this House, and then to be reported over to this House for the further Order of this House in the same: And upon another Motion thereupon also made by M^r Wroth for a Committee for the Liberties and Priviledges of the Members of this House and their Servants, it is upon the question Ordered, that all the Members of this House being of her Majesties Privy-Council, Sir William Moore, M^r Serjeant Yelverton, M^r Robert Wroth, M^r Recorder of London, M^r Heyle, M^r Conisby, M^r Miles Sands, M^r Attorney of the Wards, M^r Attorney of the Dutchy, M^r William Howard, Sir Henry Cooke, Sir Francis Godolphin, Sir George Moore, Sir Walter Raleigh, Sir Francis Drake, M^r Tanfield, M^r Francis Bacon, M^r Lewkenor, Sir John Harrington, M^r Emersam, Sir Edward Hobby, M^r Lawrence Stourton, M^r Beale, M^r Doctor James, Sir Henry Duton, M^r Doctor Caesar, M^r Tasborough, Sir Moyle Finch, Sir Thomas Cecill and Sir Francis Hastings shall, during all this present Sessions of Parliament, examine and make report of all such Cases touching the Elections and Returns of any the Knights, Citizens, Burgesses and Barons of this House, and also all such Cases for priviledge as in any wise may occur or fall out during all the same Sessions of Parliament; to the end this House upon the Reports of the same Examinations may proceed to such further course in every the same Cases as to this House shall be thought meet. And it is further Ordered, that the said Committees do meet upon Wednesday next in the Exchequer Chamber at three of the Clock in the Afternoon to examine the manner of the said Election of the said Richard Hutton, and also any other case of Elections, Returns or Priviledges whatsoever in question, which shall be moved unto them by any Member of this House at their Pleasure. And notice was then also given in the House to all the Members of the same, that in all these Cases they might from time to time repair to the said Committees as occasion shall serve accordingly.

The Bill touching salted Fish and salted Herrings had its first reading.

Sir Robert Cecill, Sir John Wolley, Sir John Fortescue, Sir Edward Stafford and M^r Francis Bacon, having severally delivered most manifest and apparent reasons of the inevitable necessity both of present consultation and also of present Provision of Treasure to prevent and withstand the great imminent perils and dangers of this Realm, intended against the same by the King of Spain, the Pope and other Confederates of the Holy League; The said Sir Robert Cecill, Sir John Fortescue, Sir John Wolley, and M^r Francis Bacon, laying open the sundry particular practices of the King of Spain against the State of this Realm; attempted both in Ireland, the Low Countries, France and Scotland, do each of them in the end conclude and move, That a grave Committee of this House be presently selected to have Conference touching some fit course to be taken for the said consultation and provision of Treasure. And thereupon it was upon the Question Ordered and Assented to by the whole House.

Nota, That this is all that is found in the Original Journal-Book of the House of Commons touching these Speeches; which because they contain many Excellent Passages concerning the History of these times of her Majesty, I have therefore supplied at large, Sir Edward Staffords Speech only excepted (which was wanting there also) out of a very Elaborate Journal of the same House, taken by some Anonymous Member thereof at this Parliament, which is mentioned more at large in the beginning of this present Journal. Sir Robert Cecill spake first and said.

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, or No. Give me leave, I pray you, to rehearse an old saying, and it is in Latin, Nec te collaudes, nec te vituperes ipse; for me to do the one were exceeding arrogancy, and to do the other, I do confess, I hope, you will pardon me.

The occasion of this Parliament, as I take it by that which we received from the Honourable, and Learned Speech of the Lord Keeper of and from her Majesty to us in the Higher House, is for the cause of Religion and maintenance thereof amongst us, the preservation of her Majesties most Royal Person, and the good of this Realm of our Country. All which because they be things of most dear and greatest price, and at this present in exceeding great and imminent danger, it is most behoofful to consult of speedy remedies, which should proceed from the wisest Heads. The Enemy to these is the King of Spain, whose malice and ambition is such, as together with the Pope, that Antichrist of Rome, (for I p. 472may well couple them together, the one being always accompanied with envy at our Prosperity, the other with unsatiable desire) makes them by all means to seek the Subversion of the State. But concerning the first the cause of God and his Religion, which her Majesty professed before she came to sit in this Royal Seat, which she hath defended and maintained, and for which cause God hath so blessed her Government 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 Gods 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 undertaking so great an Enterprize; Zeal in professing the same not for the shew, but of sincerity; Judgment in defending it and preventing all his designs. He sent forth his Bulls and Missives against her Majesty, thereby most unnaturally depriving her of her most natural right, the Duty and Loyalty which her Subjects should owe unto her, &c. He touched the many dangers her Majesty had been in, which as it caused him to fear to think, so did he tremble to speak concerning the danger of her Country, and so the loss of our Lives, Liberties, Wives, Children, and all other Priviledges. Let me not trouble you with things past so long and perhaps beyond my reach, but with things past of late years and since Eighty eight. When we were so secure and never thought that the King of Spain would have set up his Rest for England; Then sent he his Navy termed Invincible, and was almost upon the Banks 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, 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 Lorrain and in other parts, as you have heard, but specially in Britany, having most part of the Port Towns in his Possession, whither he still sendeth supply daily, and reinforces them every four or five Months, which part is always open and his men and forces never wanting. This Province he especially desireth, for it lyeth most fitly to annoy us, whither he may send forces continually, and there have his Navy in a readiness; the which he could not so easily, unless he had the wind in a bag. Besides having this Province, he might keep us from Traffick to Rochell and Burdeaux, as he doth in the Straights from Tripoly and S^t Jean de Lucc: And so hinder us from carrying forth and bringing into this Land any Commodities from those parts, whereby the Realm might be inriched and her Majesties Impost ever eased, being one of the greatest Revenues of her Crown. He hath also gone about with them of Stade 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 not so easily command him to impeach, or hinder our Traffick 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 lower into these latter Actions. He hath seen it is but a folly to make Woodden Bridges to pass into Ireland, therefore he hath found out a safer way and stronger passage into it by Land, and that by Scotland, which though it be not talked of on the Exchange, nor Preached at Paul's Cross; yet it is most true, and in Scotland as common as the high-way, That he hath procured unto him many of the Nobility. It may be he hath sent thither no great Navy, and that her Majesty would not suffer him to do; yet do what she can, some one Paltry Fly-Boat may escape her Majesties Ships, and carry gold enough in her to make them Traytors, and stir them to Sedition. These things her Majesty understood before, and Advertized the King thereof; which the effect hath proved to be true. For unless I be deceived, the last Letter that came from thence might shew that the King is gone to make a Rode into the North, and to bring back the Lord Bothwell and the Lord Huntley. The King of Spain's malice thus daily increaseth against us, and seeketh also to stir up Sedition amongst us by his Instruments. The number also of Papists daily increaseth, or at least wise becomes more manifest. My advice is, that you would consult how to withstand such imminent dangers, which the greater they be, the sooner they would be looked into and remembred. Wherefore I would desire M^r Speaker that he would appoint some Committees of the sufficientest and wisest men in the House to consider thereon.

Sir John Wolley spake to the like Effect, 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, in which the more danger the principal Member was in, the greater means there should be used for the preservation thereof. Roan being made now Admiral of France by the League, should say, that he was a poor Admiral now, but yet he doubted not 'but that shortly he should be able to bring such a Navy as should terrify the Queen of England. Also he shewed how the Princes of the Holy League had conspired the overthrow of the Realm, the extirpation of Religion, and the confusion of her Majesty and her Loyal Subjects. And exhorted the House, now because the season of the year groweth on, which calleth many of the Knights and Burgesses to be in their Countries, besides the Sickness being in the Town, so that many of that House he thought knew not whether they lodged in Houses infected or not, that they would seek to dispatch and end the Parliament so soon as might be. He also shewed how the Dunkirkers trouled p. 473our Fishermen in small Barks upon the Seacoasts. And so 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 Majesty's, he hoped that no good Subject but would willingly agree to it. Also he shewed that the Wars with the King of Spain 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.

Then Sir John Fortescue spake and said: They that spake before me, spake sufficiently of the Authors of our trouble, of the great danger which is now imminent, insomuch that as it is come to that point now, Non utrùm imperare, sed utrùm vivere. I will speak of nothing but that which concerns my Calling. Her Majesty not being only careful for the preservation of Her own Realm, but of her Neighbours also; she hath not only defended her own Subjects from being invaded, but also hath aided Strangers which wanted Money, with whom otherwise it would have gone ill by this time both with them and ourselves. Insomuch that the burthen of four Kingdoms hath rested upon her Majesty, which she hath 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 about a hundred thonsand pound? For 'tis well known that the French King had not been able to withstand the Duke of Parma's coming into France, had it not been for our Englishmen and Money. As for the Low Countries, they have stood her Majesty in yearly, since she undertook the defence of them, one hundred and fifty thousand pound. All which her Majesty bestowed for the good of the 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 greatly decayed: Yet all this hath discharged, and (thanks be to God) is nothing indebted; and now she is able to match any Prince in Europe, which the Spaniards found when they came to invade as. Yea she hath with her Ships compassed the whole world, whereby this Land is made famous throughout all places. She did find in her Navy all Iron Pieces, but she hath furnished it with Artillery of Brass, so that one of her Ships is not a Subject's, but a petty King's wealth. As for her own private Expences, they have been little in building; she hath consumed little or nothing in her pleasures. As for her Apparel, it is Royal and Princely, beseeming her Calling, but not sumptuous nor 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 that any of us would lose the least member of his body, we would bestow a great deal, and stick for no Cost nor Charges: How much more ought we in this political Body, whereof not only a member but the whole is in jeopardy, if we do not once hast to the preservation thereof? And for these Subsidies which are granted now adays to her Majesty, they are less by half than they were in King Henry the 8^th^'^s time. Now although her Majesty had borrowed some Money of her Subjests besides her Subsidies, yet she had truly repaid and answered every one fully. He desired the matter might be put to a Committee.

Sir Edward Stafford spake next to the like effect; but what his said Speech was, is not at all set down in the aforesaid Anonymous Journal mentioned more fully at the beginning of this Journal present.

M^r Francis Bacon spake last, whose Speech was to the effect following, viz.

M^r Speaker, That which these Honourable Personages have spoken of their Experiences, May it please you to give me leave likewise to deliver of my common knowledge. The Cause of Assembling all Parliaments hath been hitherto for Laws or Moneys: The one being the Sinews of Peace, the other of War. To the one I am not privy, but the other I should know. I did take great contentment in her Majesties Speeches the other day delivered by the Lord Keeper, how that it was a thing not to be done suddenly nor at one Parliament, nor scarce a whole year would suffice to purge the Statute-Book and lessen the Volume of Laws, being so many in number, that neither Common People can practise them, nor the Lawyer sufficiently understand them: Than the which nothing should tend more to the praise of her Majesty.

The Romans appointed ten men, who were to correct and recal all former Laws, and to set forth those Twelve Tables so much of all men to be commended. The Athenians likewise appointed six for that purpose. And Lewes the 9^th King of France did the like in reforming his Laws ..... But what should here follow is wholly omitted in that Anonymous Journal mentioned in the beginning of these Speeches, out of which they are all taken; yet it should seem that the main end and scope of the ensuing particulars of this Speech, which are omitted, were for the appointing of a select and grave Committee, both to consider of the dangers of the Realm, and of speedy supply and aid to be given to her Majesty.

And thereupon after the Conclusion of this Speech of M^r Francis Bacon's, the House did accordingly nominate the said Committee, to deliberate and consult in what proportion they p. 474might now to relieve her Majesty with Subsidies, in respect of those many and great Enemies against whose power and malice she was to provide and prepare for necessary defence and preservation of her Realms and Dominions. The names of which said Committees are set down in the Original Journal-Book of the House of Commons (though omitted in that other before-mentioned taken by the said Anonymus) in manner and form following, viz.

All those of this House which are of her Majesties Privy-Council, all the Members of this House which are returned Knights for the Counties, Sir Walter Raleigh, Sir Thomas Cecill, M^r George Moore, Sir Henry Unton, M^r Wroth, Sir Thomas Wilkes, M^r Francis Bacon, M^r Nathanael Bacon, M^r George Cary, M^r Beale, M^r Fulk Grevill, M^r Attorney of the Wards, M^r Attorney of the Dutchy, Sir John Paton, M^r Robert Sackvill; Sir Francis Hastings, all the Serjeants at Law which were Members of this House, Sir John Hare, M^r Doctor Caesar, M^r Doctor James, M^r William Haward, M^r Sands, Sir Robert Sidney, M^r Fanshaw, Sir Thomas West, Sir John Warrington, Sir Thomas Read, Sir Francis Drake, M^r Thomas Fane, M^r Vincent Skinner, Sir William Moor, M^r Fuller, M^r Heyle, M^r John Hare, M^r Shinne, M^r Christopher Blount, M^r Edward Lewkenor, Sir William Bowes, Sir John Wingfield, M^r Tasborough, Sir Edward Stàfford, M^r Lawrence Fanshaw, M^r Nicholas Saunders, M^r Doctor Lewen, Sir Thomas Flodd, Sir Francis Gudolphin, Sir Francis Vere, M^r Edward Dyer, M^r Conisby, M^r Boyse, M^r Apselie and M^r Emersam should be nominated and appointed to have Conference in the said Cause; and to meet for that purpose in this House to Morrow next at two of the Clock in the Afternoon.

On Tuesday the 27^th day of February, Two Bills of no great moment had each of them one reading; of which the first being the Bill touching Woollen Cloaths called Vesses, Rayes, &c. was read the first time.

M^r Morrice Attorney of the Court of Wards, moveth the House touching the hard Courses of the Bishops and Ordinaries and other Ecclesiastical Judges in their Courts, used towards sundry learned and godly Ministers and Preachers of this Realm by way of Inquisition, subscription and binding absolution, contrary (he said) to the honour of God, the Regality of her Majesty, the Laws of this Realm, and the liberty of the Subjects of the same; compelling them upon their own Oaths to accuse themselves in their own private actions, words and thoughts, if they shall take such Oaths, because they know not to what questions they shall answer till after the time they be sworn; And also after such Examination proceed against them by deprivation, degradation or suppression, upon such their own Accusations of themselves. And if they refuse to take such Oath, then they commit them to Prison, and there keep and detain them at their own pleasure, not absolving or releasing them until they shall first have taken a Corporal Oath of their Canonical Obedience to their Ordinaries. And shewing further at large the great inconvenience thereby grown unto the free Subjects of this Realm, doth in the end pray a Consultation to be had therein by this House for redress of the said Enormities; and offereth unto M^r Speaker two Bills, the one concerning the said Inquisitions, subscriptions and offering of Oaths, and the other concerning the Imprisonments upon their refusal to the said Oaths, praying that the said latter Bill which concerneth the said Imprisonments might be read, and the other to be offered to this House at some other more convenient time.

Nota, That there is no other Speech touching this business particularly and fully set down in the Original Journal-Book of the House of Commons, and therefore those Speeches which follow are supplied out of that Anonymous Journal of the same House, of which there is more particular mention made in the very beginning of this present Journal.

M^r Dalton stood up and spake with much earnestness against it, saying, It is hard upon a sudden for me 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, tending to the hindrance of Gods service and the derogation of her Majesties Prerogative, to the overthrow of our Laws and violating of our Liberties; Things I say great in shew, but no such things to be found in the matter spoke against. It is easy 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 a thing indeed needless; for that the State hath hitherto always stood upon this Government. And so shewed how Ecclesiastical Government was distinct from the Temporal. The Reasons he gave were few or none; only his great dislike was, that having received strait Commandment from her Majesty not to meddle with things concerning the Reformation of the Church and State of this Realm, therefore in his opinion the Bill ought to be suppressed.

Sir John Woolley spake also against the Bill disallowing the matters in it: And taking it as too busy a medling in such a thing so forbidden by her Majesty, so he thought it not fit that it should be read.

Then spake Sir Francis Knowles, allowing the Bill, and Answered, That whereas it was condemned as seeking the overthrow of a Member of the State, and so against the Law, it tended in his opinion but to the reforming of abuses and restraining of the Prelates: That if they meddle against the Laws, they shall incur a praemunire. So that he thought the Bill to be good and fit to be read.

p. 475Then spake Doctor Lewen, driving his Speech to a full Answer of M^r Morris his Speech. And first he shewed, that as the natural Body was delighted in Change, so was it also in the politick Body, greedy of alteration. That this Eversion of Bishops had long been sought for; and in shooting at their Jurisdiction their aim was at their places; as being no more able to stand the one without the other, than a House without a Foundation. Then he entred into a Discourse of Government, as Monarchies, Aristocracies and Democracies. He allowed the Monarchies; and in the most famous Monarchies in the World shewed this Government now exercised by the Bishops to have been used. He endeavoured to prove the Bishops to be such a part of the Body politick, as without them it could be no Body. And in comparing it with the state of the Natural Body, he termed the Prince and the Counsellors of State to be as the Senses, and as the Head; The Bishops and Ministers as the Shoulders and Arms; the common people the Legs. Now to take away the Shoulders from the Body were as great a blemish and prejudice as to have the Fingers tied unto the Shoulders. Then came he to three parts of M^r Morris his Speech, Inquisition, Subscription and binding absolution. Inquisition he proved lawful; First because it had been so long used, and in the greatest Monarchies allowed. For before Inquisition came in, the manner of Tryal was by Accusation, and then the party accusing was to suffer the penalty that the Law inflicted upon the party accused, if he failed in his accusation. Then it might be that the party accused, if the Accuser failed in his accusation, might sollicite two Witnesses to Answer for him, which was sufficient to acquit him: So the guilty escaped and the guiltless accuser was punished. This seeming grievous, they changed their Tryals into Inquisitions. And whosoever reads Demosthenes and Tully, shall see how unwillingly they were hired to accuse. And if we look into the Laws of this Realm, it is altogether by Inquisitions in Courts Baron, Leets, and in the Kings Courts, and in the Star-Chamber. So that this course is as lawful in the Ecclesiastical as in the Temporal Law. Subscription was a thing we were bound unto by Statute. The like was used in our Churches as at Geneva, so as allowable here. Absolution, termed binding, is no other than in the Common Law; for in the Writ de Excommunicato capiendo, the party absolved is to be sworn ad servandum jus, and his Oath to perform the Law in this absolution is not grievous: Whereas otherwise the party accused was to find pledges for the same. Nay it is a liberty to him, when upon his Oath he may be freed. And so as to the Bill, he thought it fittest that it should be first considered of by the Bishops and Judges of the Realm before it were read.

After this Mr. Henry Finch (as may be conjectured out of the Original Journal-Book of the House of Commons, where though his Speech be omitted, yet he is set down and nominated to have spoken next after Doctor Lewen) spake also against the Bill much to that effect which the said Doctor Lewen had spoken: But neither was his name expressed in the aforesaid Anonymous Journal, out of which these several Speeches are transcribed, nor yet any more particulars of that which he spake.

Then stood up Mr. Oliver S^t John, as may be collected out of the aforesaid Original Journal-Book of the House of Commons, where he is said to have spoken next after Mr. Henry Finch, although his Speech be wholly omitted (as is his name in the said Anonymous Journal, out of which the said Speech and the rest are inserted) and speaking for the Bill said; it is and hath been the manner of this House to allow a mixture in speaking, and after the Grave, Honourable and Wisest, then to hear the meanest also. For my self, I am but young, yet will I shew unto you matter which is old. In Answer to them that spake last, the Ancient Charter of this Realm says, Nullus liber homo, &c. which is flatly violated by Bishops Jurisdiction. You know what things Thomas Becket stood upon against the King, which things are now also crept in. And for more full Answer of one that spake before, his Antiquity and prescription cannot be allowed in this Government for any reason; for so were the Official prestitute to take and exact Fees, because time out of mind they had done so; And set it down that it was Answered in the Parliament House, That Thieves may prescribe to take Purses on Shooters-Hill, because time out of mind they had done so.

For that of Inquisition, it seems to him (specially) that spake last, to be allowed before that tryal by accusation; First by reason of the Antiquity of the tryal. But it cannot be proved so ancient as the manner of tryals by accusations. For in John, the Adulterous Woman being brought to Christ, he asked who were her Accusers? And for that manner of Accusation, the Lawyers themselves speak against it; for one saith of it, Ut libere fatear quod sentiam, nunquam mihi placebat. For Subscription, the Statute alledged is meant but a Subscription to certain Articles in Religion, and not a Subscription in this form. And because it is allowed in Geneva, so to allow it here, that is no reason. For in Geneva there be many things allowed, which the party speaking would (I dare say) be loth to have used here. As to Absolution, there is no such Oath to be required therein in our Writ de Excommunicato capiendo, as was said. So I think the Bill very worthy and fit to be read.

Then Sir Robert Cecill Spake and said: I am unwilling to speak, yea I speak against my Will; and to answer Speeches well studied and premeditated upon the sudden, it is hard for me. What the Bill containeth, I am ignorant of; and whether to allow of it or not, I will suspend my opinion. p. 476To say the truth, the man that offered it was learned and wise, and one whom I love; yet a Bill to be offered and inforced in this sort, being of such effect, I know not how to allow of it. For her Majesty had straitly forbidden to meddle in such Cases; yet not forgetting the Cause, she had in her Excellent wisdom cared and pretended that a redress should be had of things that are amiss. To which end her Majesty before the Parliament summoned, had directed her Letters to the Archbishops to certifie her.

Now her Highness Care for our good shall be prevented by our hasty speaking of these things before our time. Sure it is not fit, and her Majesty cannot but be offended at it. For the Bill I protest I know it not; but it seemed to contain things needful. Wherefore it were fittest it should be commended to her Majesty, and so recommended unto us. And if I may do this Office and Service for the House, I will in all dutiful Loves and Service do it. But if the other course be taken, I fear the things sought will be denied for the violence used in it.

Then M^r Speaker said, In favour and free love, above my merits or desert, you have Elected me, which should bind me to do all my best Service, and to be faithful toward you. This Bill delivered me is long and containeth important matters of great weight, and such matters as cannot be expressed in four words. It hath many parts, and if you put me presently to open it, I cannot so readily understand it, and do it as I should; For indeed it is a matter far above my ordinary practice: and to deliver a thing before I conceive it, I could not. Wherefore if it would please you to give me leave to consider of it, I protest I will be faithful and keep it with all Secrecy.

Hereupon the House was in question, whether it should be committed to the Speaker only, or to the Privy-Council and him: but it was holden to be against the Order of the House that any Bill should be committed before it was read. Therefore upon a Motion made by M^r Wroth, it was agreed, that M^r Speaker should have it.

This Afternoon at two of the Clock M^r Speaker was sent for to the Court, where the Queen her self gave him Commandment to deliver unto the House ..... and so the matter abruptly breaks off in the said Anonymous Journal, mentioned more particularly in the beginning of this present Journal, out of which all these aforesaid Speeches are inserted: But that which should here follow can be no more but only, that her Majesty did Command him to deliver a certain Message to the House the day following, which he did then perform accordingly: Vt vide postea in fine diei sequentis.

Finally, the last business of this Forenoon was the reading and committing of an ordinary Bill, which is inserted out of the Original Journal-Book it self.

The Bill lastly, that a Bar at large may be pleaded in an Ejectione firmae, was upon the second reading committed unto M^r Edgecombe, Sir Henry Knivet, and the Serjeants at Law that are Members of the House, Mr. Attorney of the Wards and others, who were appointed to meet upon Thursday next at two of the Clock in the Afternoon at Serjeants-Inn in Flectstreet.

On Wednesday the 28^th day of February, the Bill for reducing of disloyal Subjects to their due Obedience, was read the second time.

Nota, That before this Bill was committed, divers spake unto it, which being omitted in the Original Journal-Book after the mentioning of the second reading thereof, I thought good to supply the said Speeches out of that Anonymous Journal so often before-mentioned; and the rather, because this Bill being against Popish Recusants, the said Speeches do contain matter of much weight in them.

Mr. Cradock (after the said Bill against Recusants had been opened by Mr. Speaker upon the second reading thereof) spake as followeth.

There is no man as I think so irreligious towards God, so unloyal towards her Majesty, so careless of the common Statutes, but thinks the Bill to be good, and the Law very necessary before it be Enacted: Yet it were fit every part of it were considered of and reformed. The thing to be reformed is this: The words of the Act being Every person that shall receive a Recusant, &c. And thus the Purvey being General, the good Subject may be grieved by this Law; and he that shall have but a Recusant in his Custody, shall be within the letter of the Law for receiving a Recusant into his House. Things to be considered are first, Whether it be good to deprive them of all their goods, for so we shall leave them no means of living. Secondly, Whether the Parties that be now Recusants being reconciled, if they fall into relapse and afterwards be newly reconciled again, shall be enabled to take benefit of their Lands and goods: for'tis hard, if after their repenting they be not restored.

Then Mr. Philips Answering all Objections against the Bill, affirmed it sufficient in all points, and that neither the sence nor the letter could be prejudicial to the good Subject. Only he could have wisht it were provided that the Recusant should not use this Law to his benefit, by procuring Commons to be their Friends, and take Leases of their own Lands answering the Queens Title.

Mr. Finch made this Question, Whether those that came not to Church by reason of the mislike they had of the Church Government, shall be in like Case as a Recusant Papist.

Mr. Tichburn said he could have provided that the Father should not disinherit the Son, nor have p. 477power so to do for being made conformable by him that should have the bringing of him up.

Then Mr. Nathanael Bacon spake and said, The Children might not be committed to the Bishop of the Diocess, because their Chancellors are so much affected to the Canon Law, that some are infected with Popish Religion. Besides, the office of Bishops is to preach, and this duty in the one calling would not be hindred by other affairs committed to their care. Wherefore fitter it is, that the Justices of Assize should have the appointment of them.

Then said Sir Edward Stafford, it may be the Party is Enemy to him to whom the Child is committed, therefore the Commitment is to be by two or three.

Then Mr. Wroth spake as followeth. The Law hath no Proviso for Leases, no remedy is appointed, as by the distress or otherwise, how the Guardian is to come by the money appointed to him for the Custody of the Child of a Recusant. And it were fit to make a Proviso that no Party being next Heir to the Child should be his Guardian. And the Recusant not to forfeit ten pound a Month for the keeping of his Wife; otherwise for keeping of Servants Recusants.

After all these Speeches they agreed to have the Bill committed. But the Committees names are all omitted in the said Anonymous Journal, out of which these foresaid Speeches are inserted, and are therefore to be supplied out of the Original Journal-Book of the House of Commons, where they are set down in manner and form following, viz.

All the Privy Council, Sir Thomas Cecil, Sir Walter Raleigh, Sir William Moore, M^r Feele, M^r Finch, M^r Wroth, M^r Greenfield, M^r Fulke Grevill, M^r Sands, M^r Cradock, Sir Francis Hastings, Sir Edward Stafford, M^r Morrice, M^r George Cary, M^r Peejam, M^r Tasborough, Sir Henry Unton, Sir William Bowes, Sir Moyle Finch, M^r Attorney of the Dutchy, M^r Alice, Sir Francis Vere, Sir Edward Dimock, Mr. Warren, M^r Lewes, Mr. Tanseild, Mr. Edw. Barker, Mr. Beale, Mr. Philips, Mr. Stephenson, M^r Lewkenor M^r Nat. Bacon, M^r Grimston, Mr. Fuller, all the Serjeants at Law, Mr. George Moore, Sir Thomas Wast, Mr. Doctor Caesar, Mr. Doctor Lewen, Sir Henry Cock, Sir Edward Cock, Sir Edward Hobby, Mr. Dier, Mr. John Cary, Mr. Emerson, Sir Thomas Shirley, Mr. Fanshaw, Sir John Harrington, Sir Henry Knivett, Sir Charles Candish, and Sir Francis Drake. And the Bill was delivered to Mr. Serjeant Telverton, who with the rest was appointed to meet upon to Morrow next at two of the Clock in the Afternoon at Serjeants-Inn in Fleetstreet.

Mr. Chancellor of the Exchequer, one of the Committees in the great Cause for Consultation and provision of Treasure (appointed on Monday the 26^th day of this instant February foregoing) shewed, that he and the residue of the Committees in that Case met yesterday in the Afternoon according to the Commission of this House, and upon Conference had amongst them for some convenient proportion of Treasure to be provided, did in the end agree, that two intire Subsidies and four Fifteenths and Tenths should be granted unto her Majesty, if this present House shall so think good. Upon which Report by him made, it was upon the question agreed unto by the whole House, that the same two intire Subsidies and four Fifteenths and Tenths should be granted unto her said Highness accordingly. Which done Mr. Nathanael Bacon, one also of the said Committees, put the House in remembrance, that at their said Conference in the said Committee it was moved by some of them, that the present necessity of the Causes now moving them to offer the said double Subsidy and double Fifteenths and Tenths, should be set down and inserted in the Bill for the granting thereof.

After this Speech of Mr. Bacons there is no particular mention of any other Speech which was spoken at this time touching this business in the Original Journal-Book of the House of Commons, and therefore these Speeches which follow are supplyed out of another Anonymous Journal of the passages of this Parliament more particularly mentioned at the beginning of this present Journal.

Sir Henry Knivett spake, allowing the Subsidies, but withal desired these things: First, that it might be lawful for every Subject to annoy the King of Spain that would, that weak Forces might not be spent against him, but a Royal Army. That we should not wrastle with him on our own ground but abroad. Further, that all her Majesties debtors might be called in, and her Majesty to have power to sell all the Debtors Lands, of what State soever they were seized of. No Steward or Commissioner but to answer her Majesty the Royal Fines and Sums they received. All her Woods to be viewed, and the great Timber to be for sale, the Copy wood to be sold to encrease the Revenues. Licences granted to any to have benefit of penal Statutes, to be taken in; and the whole benefit of Inns and Alehouses to come to the Queen. A great benefit to come to the Queen by this new Statute against Recusants. Their Children to be committed to persons of sound Religion. The whole benefit of their relief and living to come to the Queen, deducting only charges for Education of Children.

Serjeant Harris agreed on the Subsidy because Parliaments were seldom, whereas by the Statute of 4 Edw. 3. they may be called every year. The Subsidies to be granted to maintain Wars; but whether it be War or no War, as yet we know not: And the things which we take from the Spaniard, is doubted by many not to be lawful prize. Therefore desires in the Subsidies to have it set down, that those Subsidies be to p. 478maintain a War impulsive and defensive against the Spaniard.

Sir Walter Raleigh seconded his Speech, agreeing in all things with the Serjeant, and said, he knew many that held it not lawful in Conscience, as the time is, to take from the Spaniards: And he knew, that if it might be lawful and open War, there would be more voluntary hands to fight against the Spaniard, than the Queen should stand in need of to send to Sea.

Nota, That these aforesaid Speeches are all that are found in the forementioned Anonymous Journal, and therefore that which follows is made perfect out of the Original Journal-Book it self, in manner and form following, viz.

After the former and other like Speeches, in which also some had moved, that to make the Wars against the King of Spain and his Subjects lawful and warrantable, it should be inserted into the preamble of the said Bill [that so great and extraordinary supply was at this time given for the resisting of his power and preventing of his malice] it was Ordered by the House upon the question, that all the Serjeants at Law which are Members of this House, Mr. Heile, Mr. Philips, Sir Walter Raleigh, Sir Francis Drake, Sir George Carey, Mr. Doctor Caesar, Mr. Doctor Awberry, Mr. Francis Bacon, Sir Francis Gudolphin, Mr. John Hare, Sir Thomas Conisby, Mr. Attorney of the Wards, Mr. Attorney of the Dutchy, Mr. John Trevor; Mr. Sands, Mr. Doctor Lewen, Mr. Beale, Sir Henry Unton and Mr. Ridisden should meet upon Saturday next at two of the Clock in the Afternoon in the Exchequer; for drawing the Articles and Preamble of the said Bill accordingly; to the end the same Articles and Preamble being considered of afterwards by this House, the same may be delivered by Mr. Speaker to her Majesties Learned Council for the framing and drawing of the said Bill.

Now in the next place there ensueth the Relation of her Majesties sending for the Speaker yesterday, and of the Message which she gave him in Command to deliver to the House; all which he declared at large this day, as it is very elaborately and fully set down in the Anonymous Journal mentioned more particularly at the beginning of this present Journal, and therefore it is wholly inserted out of it; and the rather, because it is almost wholly wanting in the Original Journal-Book it self, there being one whole blank Page and a good part of another Page left unwritten, with intention doubtless at first to have inserted it, although it was afterwards very negligently omitted by Mr. Fulk Onslow Clerk of the said House of Commons. It is therefore (as is aforesaid) very fitly supplied out of the Anonymous Journal in manner and form following, viz.

After these Speeches (before set down) touching the Subsidy, M^r Speaker stood up and said, That he had a Message to deliver from her Majesty to the said House.

Yesterday a great number of this House (after many Speeches used) delivered two Bills to me. Which Bills though not read, yet were diversly spoken of. They being long, the matters grave and of great importance, and the day being almost spent, I desired further time to consider of the parts of the Bills. I humbly thank this Honourable House, time was freely granted me. It being almost twelve of the Clock, I had perused and read both the Bills; I have them about me, and they have been continually with me ever since they were delivered unto me. Never 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 that ever I had to deal in. Wherefore I pray God to 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 whom the presence of such a Majesty could not appal? And it did greatly fear me when I saw none of these honourable persons in her presence, who were present at the holding of the matter in this House. Yet 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 is given me in Charge, can report it unto you. And I am glad there are Witnesses with me in this Action, what was my faithful service for this 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 only she required of me, what were the things in the Bill spoken of by the House; which points I only delivered, as they that heard me can tell.

The Message delivered me from her Majesty consisteth in three things; First, The end for which the Parliament was called; Secondly, The Speech which the Lord Keeper used from her Majesty; 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, 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 Parliaments. The calling of this Parliament was only, that the Majesty of God might be more religiously served, and those that neglect this service might be compelled by some sharp 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 possible provided for, p. 479against our great Enemies the Pope and the King of Spain. Her Majesties Pleasure being then delivered unto us by the Lord Keeper, it was not meant we should meddle with matters of State, or Causes Ecclesiastical; for so her Majesty termed them. She wondred, that any could be of so high commandment to attempt (I use her own words) a thing so expresly contrary to that which she had forbidden. Wherefore with this she was highly offended. And because the words then spoken by my Lord Keeper are not now perhaps well remembred, or some be now here that were not then present, her Majesties present charge and express Commandment is, that no Bill touching the said matters of State or reformation in Causes Ecclesiastical be exhibited. And upon my Allegeance I am Commanded, if any such Bill be exhibited, not to read it, &c.

Thus far out of the said Anonymous Journal.

On Thursday the first day of March, Four Bills of no great moment had each of them one reading; of which the first being the Bill against Strangers born to sell by way of retail Foreign Wares brought into this Realm, was read the first time.

Mr. Serjeant Yelverton, one of the Committees for the examination of the Election and Return of the Members of this House, and also of the Cases for Priviledge, appointed on Monday the 26^th day of February last past, happening to fall out during this present Sessions of Parliament shewed, that he and the residue of the Committees for those Causes did meet yesterday in the Afternoon (according to the Commission of this House to them in that behalf) and that having then some Cases brought unto them both touching Elections and Returns in sundry sorts, and also one Case of Priviledge touching one Mr. Fitzherbert, Elected a Member into this House, and alledged to be Outlawed upon Judgment, shewed, that the greater number of the said Committees having travelled in these Cases, did impose upon him the Charge of making the Report thereof unto this House. Which because he would gladly do in such wise, as the more part of the said Committees had assented unto, he had set down the same (he said) in a Note for his better remembrance in writing. And so particularly recited theState of the saidCases treated of amongst the said Committees, and to be so reported over unto this House for the further resolution and order of this House to be had in the same. After which words, although there follow some four lines more in the Original Journal-Book of the House of Commons, (in which it is generally related, that the rest of this Forenoon was spent in the agitation of this and such like business;) yet because neither any particular relation of the Speeches in this business of M^r Fitzherbert, or of those other aforesaid Passages handled in the said Committee touching Elections is there set down (although all the said matter be of very great weight and consequence) I have therefore supplied a great part of the same out of the aforesaid Anonymous Journal, more particularly mentioned at the beginning of this present Journal.

Where although all that part of Mr. Serjeant Yelvertons Speech touching Mr. Fitzherberts Election be omitted (and which is before very happily supplied out of the Original Journal-Book it self) yet the rest or at least the greater part of his Relations before mentioned is set down, and is here inserted out of the same, with divers other Speeches used and uttered chiefly touching that Question. All which, (some alterations only excepted for order and explanation sake) are herein inserted out of the said Anonymous Journal in manner and form following, viz.

Serjeant Yelverton spake further also, (after he had finished the Relation of the Committees proceeding touching M^r Fitzherberts Election) concerning the priviledges of the House. In which he declared the Case of the Burgess of Miscread in Cornwall, after whose Election 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 Sheriffs, the Sheriff having Indorsed it upon the Writ. But this Indenture was never executed by the Sheriff, and yet the Return was holden (by the Committees as it should seem) to be good.

Mr. Heile, who had been another also of the Committees spake next, and shewed the state of this and some other questions handled in that said Committee, which were as followeth, viz.

John, &c. is returned in the Indenture by the name of Richard, and whether this may not be amended by the House.

Mr. Audeley is returned Burgess for two Towns, he having elected for which he will be, a New Writ is to be directed to the other Town to chuse another.

Two Burgesses are returned for one Town: One of the Burgesses being mistaken is willing to resign unto the other. Whether by the assent of the Sheriff and party this is to be done.

The Bailiff of Southwark electeth himself by the name of Richard Hutton Gentleman, and the Indenture returned by the Sheriff is Richard Hutton Bailiff, if this be good.

Thomas Fitzherbert of Staffordshire being Outlawed upon Vide Holinghs. pag. 955. & 956. An excellent Case, of one George Finers a Burgess of Plimouth in Devonshire in the Parliament An. 33 H. 8. Anno Dom. 1541. arrested and taken in Execution by the means of one White, and afterward had his priviledge; as also of the Temple-Cook, who was Servant to Sir Thomas Audley once Speaker of Parliament and after Lord Chancellor, who being arrested was freed. Which case was cited by King H. 8. himself.a Capias utlagatum after Judgment, is Elected Burgess of this Parliament. Two hours after his Election, before the Indenture returned, The Sheriff arrested him upon this Capias utlagatum. The party is in Execution. Now he sendeth this Supplication to this House to have a Writ from the same to p. 480be enlarged to have the Priviledge in this Case to be grantable.

He argued thus. That he was not Electable, because in the calling, and in the electing of parties called, there must be chosen Viri idonci **Statute de 23 H. 6. Cap. 15. & 1 H. 5. Cap. 1. enact it.. But a man Outlawed is not idoneus, therefore not Electable. Considering this disability holds in all other Causes of Law, therefore in this that is the greatest. He urged the Authority of 19 H. 7. four parties attainted moved to have their Attainders redressed before they can sit. There 'tis said a man Outlawed for sorging false Deeds is not eligible to be of the Parliament.

Then Sir Edward Hobby spake as followeth. The party Outlawed is not out of his wits, therefore capable; and then is a man able to be chosen and idoneus to be a Burgess. Only a differrence may be made where the Outlawry is for a Cause Criminal and for a Case personal, as in this Cause. Is this disability greater? that a man Outlawed may not be a Burgess, as well as an Attorney to a man, or an Executor? I think it will stand with the priviledge of this House to deliver him, though he were Outlawed.

Mr. Lewes said, that a man Outlawed cannot have priviledge, being an Execution upon a Capias, Quia frustra Legis auxilium implorat, qui in Legem peccat. Cardinal Pool would not come into the Parliament House, till the Attainder against him was reversed.

Ignotus quidam. Multa sunt quae fieri non debent, quae tamen facta, tenentur bona. It had been a good exception against his Election to say he was Outlawed, but 'tis no disability to him being Elected.

Serjeant Yelverton said, he could not have the priviledge being in Execution upon a Capias utlagatum after Judgment. The Book of 2 Edw. 4. 8. cited to be expresly so. And that a Judge reported unto him, that in 34 Hen. 8. a Burgess being arrested and in Execution upon a Statute, could not have priviledge of the House.

Whereupon Mr. Finch said, he could not tell which to hold or which side to take. 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 hominem, but Idoneum: Therefore we ought not to be so strict as if he were to be challenged upon a Jury.

At the Common Law, Outlawry was only for Causes Criminal, as for Treason or Felony; but this Outlawry in Personal Causes is only by the Statute of 11 Hen. 4. which makes not so great a disability as that at the Common Law.

On the other side Utlagatus ne Villein cannot be a Champion, which is as a Judge to decide: then à fortiori, he can be no Judge in this House.

Outlawry is as an Attainder, therefore the party so stained is no competent Judge.

The great Charter is, all Tryals ought to be per legales homines & parium sitorum. The Outlawed man is not of the number of Parium, so not to be a Judge. Vide 8 Edw. 3. Utlagatus ne poiet estre.

Mr. Broughton held, that a man Outlawed may be a Burgess. For in no case is Outlawry disability where a man is en auter droit, as to be Executor or Attorney, it is no Exception to the party. The Case in 38 Hen. 8 Dyer. 62. was cited.

Mr. Hall's man was delivered out of Execution the last Parliament by a Mittimus from the House.

And though the party be in Execution, if not at the Queens suit, he is to have the priviledge; and yet the party not to lose his debt, nor the Sheriff to be charged. Vide postea April 5^th Thursday.

Nota, That these Speeches are all transcribed out of the said Anonymous Journal, more particularly mentioned at the beginning of this present Journal. After which, by occasion of a Message sent down from the Lords, it should seem this business brake off abruptly at this time. And therefore see more concerning it on Friday the 2^d day, and on Saturday the 17^th day of this Instant March ensuing; and on Monday the 19^th day of the same.

The said Message is set down very exactly as it was sent from their Lordships (some things only being added for Order and Explanation in the transcribing of it) in the Original Journal-Book of the House of Commons in Manner and Form following.

Mr. Egerton, Attorney General, and Mr. Doctor Carey coming to the House with a Message from the Lords, were sent for in, and were brought up by the Serjeant making three low curtesies before they approached to the Speaker, and delivered their Message to him, which he afterwards propounded to the House. The Message which they brought from their Lordships unto the House was, that their Lordships did desire to put this House in remembrance of the Speeches delivered by the Lord Keeper upon the first day of this Parliament, for Consultation and provision of Treasure to be had against the great and eminent dangers and perils of this Realm, by the mighty adversaries and enemies of the same. And thereupon their Lordships did look to have heard something from this House touching those Causes before this time. And therefore had to that end hitherto omitted to do any thing therein themselves. And thereupon their said Lordships do desire, that according to the former laudable usages between both Houses, to wit, the Lords House and this House in such Cases, a Committee of some grave and setled Members of this House may be appointed to have Conference with a Committee of their Lordships touching the Causes aforesaid. Which done, the said Mr. Attorney and Mr. Doctor Carey being sequestred the House, Mr. Speaker making Report of the said Message to this House, it was presently resolved by the whole House, p. 481that such a Committee of this House should be selected thereupon for that purpose accordingly; with this request also from the House, That the said M^r Attorney General and Mr. Carey might both signify unto their Lordships the willing and ready assent of this House unto their Lordships said request, and also move their Lordships touching their pleasure for the number of the Committees to be appointed for their Lordships, and for the times and place of meeting, to be signified from their Lordships to this House; to the end thereupon this House may proceed to the selecting of a convenient number of this House for the said Conference accordingly. And then the said Mr. Attorney General and the said Mr. Doctor Carey being returned into this House again, Mr. Speaker delivered unto them their Answer and the request of this House unto their Lordships in manner aforesaid accordingly.

Mr. Attorney General and Mr. Doctor Carey do bring word from the Lords, that their Lordships do make choice of the number of twenty for their Committee, and that their Lordships do appoint two of the Clock this Afternoon for the time, and the Chamber next unto the Upper House of Parliament for the place. Which done, the said Master Attorney General and the said Mr. Doctor Carey being sequestred, and the said Message delivered unto this House by Mr. Speaker, it was agreed, that a convenient number of this House should be appointed to meet with the Committees of their Lordships at the said time and place accordingly. And then immediately the said Mr. Attorney General and Mr. Doctor Carey being called into this House again, the said Answer was delivered unto them by Mr. Speaker accordingly. Whereupon these Committees following were appointed to attend upon the Committees of the Lords in the said Conference at two of the Clock in the Afternoon of this present day in the Chamber next to the Upper House of Parliament, viz.

All the Privy-Council of this House being in number four, Serjeant Yelverton, M^r Dyer, M^r Sandes, Sir Henry Unton, M^r Wroth; Sir Henry Cocke, Sir Francis Hastings, M^r Fulk Grevill, Sir Henry Knivet, Sir William Moore, M^r Recorder of London, M^r Heyle, M^r Doctor Awbery, M^r Lewes, M^r Anthony Cooke, Sir Moyle Finch, M^r George Moore, Sir Francis Gudolphin, M^r Francis Bacon, M^r Doctor Awbery, Sir Thomas Shirley, Sir Thomas Stafford, Sir Thomas Conisby, Sir Edward Dymock, M^r John Hare, M^r Barker, M^r Trevor, Sir George Carey, Sir Thomas Cecill, Sir Walter Raleigh, Sir Francis Drake, Sir William Knowles, Sir Thomas Dennys, Sir Henry Poole, Sir Thomas West, Sir Robert Sidney, M^r Tasborough, M^r Flowre, Sir John Payton, M^r William Haymond, Sir Edward Hobby, Sir John Harrington, Sir Thomas Read, Sir William Brunker, M^r Doctor Caesar, M^r Lewkenor, Mr. Atty, Mr. Robert Sackvile, Sir Charles Candish, Mr. Nathanael Bacon, Mr. Doctor Herbert, Mr. Serjeant Harvey, Mr. Serjeant Haman, Sir George Savil, Mr. Henry Finch, Mr. Philips, Sir Thomas Flemming, Sir Nicholas Saunders, Mr. Humphrey Conisby, Sir Edward Grevill, Sir Christopher Blunt, Mr. Cradock and Mr. Grimston.

The Committees in the Bill for reducing of disloyal Subjects to their due Obedience, whose names see before on Wednesday the 28^th day of February last past, which should have met this present day in the Afternoon in this House, are appointed over to meet to Morrow next in the Afternoon at the said place.

On Friday the second day of March there was no other business entred upon but that of Mr. Fitzherberts, which being but shortly and imperfectly set down in the Original Journal-Book of the House of Commons, I thought good to transcribe the relation of the dispute therein had out of that often before-mentioned Anonymous Journal of the same House, in which some small things only being altered (for order sake) it is set down on this present Friday being the second day of March in manner and form following, viz.

After Prayers there was no Bill read, but presently Mr. George Moore spoke to the question of M^r Fitzherberts Election being an Outlawed Person, and of his Arrest upon the Capias utlagatum, after he had been so Elected a Burgess of the House, and before the Indenture in that Case made had been returned unto the Sheriff. Upon all which matters considered of, his opinion was, that he ought not to have priviledge, nor to serve as a Member of this House.

Sir Henry Knivet spake next, and as it should seem spake for Mr. Fitzherbert, that he ought to have the priviledge of the House: But had never a new reason, only he took Exceptions that the priviledges of the House and the ancient Customs thereof were not observed; and that men gave not Audience to them that spake, and pleased them not, but were ready to interrupt them.

Mr. Tasborough, Mr. Stephenson, Mr. Bronker, and Mr. Sandes spake severally also touching the same matter, disputing and arguing it pro and con, as well for his being as not being a Member of this House, as also for his having and not having the priviledge of this House; but they gave no other new reasons touching the said Case more than had been already delivered in a former dispute of the same, the day last immediately foregoing.

Mr. Tanfeild speaking next held, that a person Outlawed might be a Burgess of the House. Wherein he made a difference, where exception to the Burgess grew upon matter before the Election, and where after. If the exception grew after, then a Burgess Elected must not be one of the House. If exception be taken to this Election, and this Outlawry alledged to disable him, the Statute of 23 Hen. 6. cap. 15. will disable most of this House; for they ought not to be Burgesses p. 482now, if this be not a good Election. Thence it follows, that the party Elected is to have his priviledge. And though the Common Law doth disable the party, yet the priviledge of the House being urged, that prevaileth over the Law.

Then said Mr. Speaker, I desire that I may be heard a word, not that I have any Voice or assent to give, though I am of the House, but because I am a Servant to the House, and have somewhat to speak. It appertaineth to my duty and place, which I desire to have leave to utter, for my Speech shall not tend to meddle to decide the Question, but only to inform the House of my knowledge, and to do that duty which I think belongeth to my self.

The Questions delivered by the Committees were these two. First, Whether Mr. Fitzherbert were any Member of the House; And, secondly, If he were, whether to have the priviledge? It hath been my manner ever since my first practice to observe strange learning, especially such as appertaineth to the Law, as in this of the priviledge of this House, therefore I will inform what I have learned. First this Writ of priviledge must go from the Body of this House, made by me, and I to send it into the Chancery, and the Lord Keeper is to direct it. Now before we make such a Writ, let us know whether by Law we may make it, or whether it will be good for the Cause or no. For my own part my hand shall not sign it, unless my heart may assent unto it. And though we make such a Writ, if it be not warrantable by Law and the proceeding of this House, the Lord Keeper will and must refuse it. No man shall stand more for the priviledge of this House than I will, and what is the priviledge of this House is meet should be observed. To the matter, first there hath been inforc't her Majesties Commandment. I obey any Commandment of her Majesties, knowing them to be Great and Reverend, as far as any body. But I do not take it, that we have received any such Commandment; for her Majesties Commandment by the Lord Steward was to every man that stood Outlawed. We have no such Command.

Now whether a Man Outlawed may be a Burgess, I hold it no question, but that a Man Outlawed, Attainted or Excommunicated, or not lawfully Elected, if he be returned, out of all doubt is a lawful Burgess.

This is proved by Book Authority, and express Statutes, as that of 11 H. 4. Cap. 1. a. a Knight untryed returned shall lose his Wages, therefore allowed by the Statute to be a Knight, though untruly returned, and the penalty is only to lose his Wages. Another Authority is in 8 H. 8. Cap. 10. And if we go to examine persons Elected to Parliament, we shall then dissolve all Parliaments, and call in question all former Laws made, by reason there were not lawful and able Law-Makers. If it appeareth once unto us by Record, that such a Man is Burgess, we must believe the Record and make no question of it. For if such matters shall be examinable by us, then must we try it by witness from the place where the fact was, and so shall those a great way hence be driven by witness to prove whether we be lawful Burgesses or no; which will be very inconvenient. But matters of Record, such as appear unto us to be recorded, these are to be examined by us, for the Record is to be seen. So that for priviledge I would grant it, if it were Sedente Parliamento, & eundo, redeundo, or manendo, to every Member of this House. But the Cause with Mr. Fitzherbert being, that after his Election and before his Return he is Arrested and in Execution by a Capias after Judgment, whether this Man be to be priviledged or no. I will but speak what I think, and what I have learned, and I have good precedents for. In this Cause he is not to have priviledge. For the question is, whether the Sheriff be to take notice of this Nomination, or not before he is returned unto him Elected: And I think not, for it appeareth not unto the Sheriff before he is returned, whether he be Elected or not. So this Nomination is not a thing whereof he is tyed to take notice.

In Ferris and Tenures Case, in 38 H. 8. fol. 60. You may see this Case. Thomas Thorp 31 H. 6. was chosen Speaker of the Parliament, and after his Election and before the Parliament, upon a Suit betwixt the Duke of York and him, Thorp was taken in Arrest and put in Execution. Hereupon he put up his Petition to the House of Parliament to have the priviledge. Upon the resolution of both Houses it was yielded he could not have the priviledge of the House.

This was also in H. 6. time, and in 2 Ed. 4. fol. 8. I think; the opinion there of Danby is referred to this Cause. And because Mr. Fitzherbert stood Outlawed upon Judgment, a matter that is recorded, it were meet the whole cause were brought before us, that we might the better judge upon it. And I think this course best standing with the gravity of this House, before that we made out any Writ, to grant a Habeas Corpus cum causa returnable in Chancery, and the Sheriff to appear, the whole matter being transmitted out of the Chancery hither, we to judge upon the whole Record as it shall appear. And upon this Writ granted, the Sheriff bringing up the party, it shall be no escape in the Sheriff, nor the party shall not lose his Action of Debt though he be delivered.

This Course was well liked and the Motion agreed unto by the greater part of the House. Vide Mar. 1. antea & Mar. 17. post, & Apr. 5.

Thus far out of the before-mentioned Anonymous Journal touching the aforesaid Question, how far an Outlawed Man might be a Member of the House. The which and the further proceeding therein being by the Speaker interposing himself for this time reconciled, and upon the matter agreed upon, there followed the agitation p. 483of the great business touching the danger of the Realm, and supply to be given to her Majesty, which had been before treated of by two select Committees of either House, as may fully appear by the Report of that which was done at the said Committee made this day unto the House by Sir Robert Cecill who had been one of them. Which being very exactly set down in the Original Journal-Book it self of the said House; is inserted out of it in manner and form following, viz.

Sir Robert Cecill one of the Committees appointed by this House for Conference with the Committees of the Lords shewed, that he and the residue of the Committees of this House did yesterday in the Afternoon repair unto the said Committees of the Lords at the place appointed, where the Lord Treasurer of England in the name of the residue of the said Committees of the Lords shewed unto the Committees of this House the great and present need of provision of Treasure to be imployed for the defence of the Realm against the Invasion of the great and mighty Enemies unto this Realm and State; and shewing further, that the double Subsidy and Fifteenths and Tenths lastly granted unto her Majesty, amounting but unto two hundred and fourscore thousand pounds, her Majesty hath nevertheless in these defensive Wars expended of her own Treasure alone ten hundred and thirty thousand pounds since the time of the granting of the said double Subsidy and of the said Fifteenths and Tenths. And that therefore their Lordships weighing the great present necessity of greater and more speedy supply of Treasure to be had than two intire Subsidies and four Fifteenths, do negatively affirm, That their Lordships will not give in any wise their assents to pass any Act in their House of less than three intire Subsidies to be paid in the three next years at two payments in every of the same years, the first to begin soon after the next Easter, and the second soon after the next Michaelmas, and so yearly after Easter and Michaelmas during the said three years. And that to what proportion of benevolence or unto how much their Lordships would give their assents in that behalf, they would not as then shew unto the said Committees of this House. But insisting for Conference again to be had he further urged, that this House might be moved to yield a greater supply. To which end he alledged, that the usual late Subsidies were very small, and were also imposed for the most part upon the meaner sort of her Majesties Subjects; declaring, that he knew one Shire of this Realm wherein there were many men of good living and countenance, but none of them in the said last Subsidies assessed at above four-score pound Lands per Annum. And that in the City of London also, where the greatest part of the riches of the Realm are, there was no one assessed at above two hundred pound goods a man, and that not yet past above four or five such. Which Speech in effect being ended, and in far better sort delivered than he had reported it, he in Conclusion referred the further consideration thereof to the gravity of the House.

Nota, That that which follows touching the Conclusion of this Forenoons business, as also touching the agitation of the aforesaid great matters, of the danger of the Realm, and of a proportionable supply to be given, which ensued in the House at the Committee in the Afternoon, are either very imperfectly set down or wholly omitted in the Original Journal-Book it self, and are therefore supplied out of the said Anonymous Journal more particularly mentioned at the beginning of this present Journal.

M^r Francis Bacon as soon as Sir Robert Cecill had made an end of the former report of the business handled at the said Committee, of which himself also had been one, spake next, and yielded to the Subsidy, but misliked that this House should join with the Upper House in the granting of it. For the Custom and Priviledge of this House hath always been, first to make offer of the Subsidies from hence, then to the Upper House, except it were that they present a Bill unto this House, with desire of our assent thereto, and then to send it up again. And reason it is, that we should stand upon our priviledge, seeing the burthen resteth upon us as the greatest number; nor is it reason the thanks should be theirs. And in joining with them in this Motion, we shall derogate from ours; for the thanks will be theirs and the blame ours, they being the first movers.

Wherefore I wish that in this Action we should proceed, as heretofore we have done, apart by our selves, and not join with their Lordships. And to satisfie them who expect an Answer from us to Morrow, some Answer would be made in some obsequious and dutiful manner.

And out of his Bosom he drew an Answer framed by himself to this effect: That they had considered of their Lordships Motion, and thought upon it as was fit, and in all willingness would address themselves to do as so great a Cause deserved. To join with them he said he could not, but with prejudice to the priviledge of the said House. Wherefore he desired as they were wont, so that now they might proceed here in by themselves a part from their Lordships, and that they might do it without discontent. To this purpose he cited a precedent in H. 8. time, where four of the Lords came down into the House of Commons, and informed them what necessity there was of a Subsidy: And that thereupon the House took it to consideration a part by themselves, and at large granted it. By which it should seem that he did infer, that the Lords might indeed give notice unto the said House of Commons, what need or danger there was, but ought not to prescribe them what to give, as at p. 484the meeting of the former Committee the Lord Treasurer had done.

Whereupon the House well approving the said M^r Bacon's Opinion, it was upon the Question Ordered, That the former Committees of this House in the same Cause (whose names see on Thursday the first day of this instant March foregoing) should meet here in this House at two of the Clock in the Afternoon of this present day, for framing of an Answer of this House to be made unto the said Motion of the said Committees of the Lords, and to make Report to Morrow in the Morning to this House of such their Answer so to be framed; to the end the same being agreed on and allowed by this whole House, may presently thereupon be signified unto the said Committee of the said Lords accordingly: for that the said Committees of this House did yesterday shew unto their Lordships, that their Lordships should then receive an Answer of this House unto their Lordships said Motion.

In the Afternoon of this present Friday aforesaid the Committees met in the House according as it had been Ordered in the Forenoon by the said House, and spent all the time in many good Discourses and Disputations for the Subsidy: But a great part thereof was spent in arguing what the matter was which was referred unto them by the House; whether a Subsidy should be yielded and that signified for an Answer from them to the Lords; Or whether the Committees were only to consider of an Answer according to M^r Bacons Motion, That this House would alone by themselves consider of the Subsidy without joining.

These following spake for the Subsidy, especially inforcing the necessity of it.

Sir William Moore shewed, first, That her Majesty had more Cause to have the Subsidy than had H. 8. E. 6. or Queen Mary; for H. 8. his Wars continued not, though they were violent for the time. His Wars were impulsive and not defensive. He had the suppression of all the Abbies, a matter of great riches unto him. He had a Benevolence and then a Subsidy paid within three Months. Edw. 6. had Chantries and all the Church Plate for relief paid him. Queen Mary had a relief paid her, which she never repaid. But her Majesty that now is, hath been a continual defence of her own Realm and her Neighbours Kingdoms, England, Ireland, France and the Low Countries; yet hath she repaid the Loans, and had not such helps.

Sir George Carey said, I speak for the Subsidy, (first answering one that had said, we must regard them and their Estates for whom we be here) saying, he regarded and came for them as was meet; and they will more thank us for taking somewhat from them, than if we should abandon them and leave them and all that they have to the spoil of the Enemy; which will be, if with Forces we provide not to withstand them. For eminent dangers hang over our heads, and are intended to us this Summer. The Spaniard already hath sent seven thousand Pistolets of Gold into Scotland to corrupt the Nobility, and to the King twenty thousand Crowns now lately were dispatched out of France into Scotland for the Levying of three thousand, which the Scottish Lords have promised; and the King of Spain will Levy thirty thousand more, and give them all Pay. Her Majesty is determined to send Sir Francis Drake to Sea to encounter them with a great Navy. Wherefore this our danger is to be prevented, and those her Majesties infinite Charges by us to be supplied.

Sir Walter Raleigh spake for the Subsidy, not only (as he protested) to please the Queen, to whom he was infinitely bound above his deserts, but for the necessity he both saw and knew. He very well discovered the great strength of the King of Spain. And to shew his Mightiness, he told how he possessed all the World. As also that his malice and ill purpose was evident to this Realm, he shewed how on every side he had beleaguered us.

In Denmark the King being young he had corrupted the Council and Nobility so as he was very like to speed himself of shipping from thence. In the Marine Towns of the Low Countries, and in Norway he laid in great store of shipping. In France he had the Parliament Towns at his Command. In Brittany he had all the best Havens. And in Scotland he had so corrupted the Nobility, that he had promised them Forces to re-establish Papistry. That they were ready to joyn with any Foreign Forces that would make them strong, to be by themselves and to resist others. For as he thought there were not six Gentlemen of that Country of one Religion. In his own Country there is all possible repairing, and he is coming with sixty Gallies besides other Shipping with purpose to annoy us. We must then have no Ships (if he invade us) riding at Anchor, all will be little enough to withstand him. At his coming he fully determineth to get Plymouth, or at least to possess some of the Havens this Summer within our Land. And Plymouth is a place of most danger, for no Ordnance can be carried thither to remove him, the passages will not give leave. Now the way to defeat him is this, to send a Royal Army to supplant him in Brittany, and to possess our selves there: And to send a strong Navy to Sea, and to lye with it upon the Cape and such places as his Ships bring his Riches to, that they may set upon all that come. This we are able to do, and undoubtedly with fortunate success if we undertake it.

Thus far out of the aforesaid Anonymous Journal. That which next follows is out of the Original Journal-Book it self.

On Saturday the third day of March, Sir Henry Knivett entred into a discourse touching the priviledge of this House, of ancient time used p. 485and accustomed, for the conventing of any person into this Court; thinking for his Opinion, that M^r Fitzherbert is rather to be called to appear in this House by the Serjeants Mace of this House, than by any Writ of the Chancery. And so entring into a recital of George Ferrers his Case, was put in remembrance by M^r Speaker, that the manner for the bringing in of the said M^r Fitzherbert had received the Order of this House yesterday, and was therefore now neither to be recalled nor further treated of by this House, till the appearance of the said M^r Fitzherbert be first here made in this House according to the said former Order for the same.

Sir Robert Cecill, one of the Committees for the framing of an Answer of this House to be made to the motion of the Lords concerning the Subsidy did meet yesterday in the Afternoon, and having had much speech and many Arguments, did not as then conclude or resolve of any form of Answer at all; for that sundry of the same Committees then seemed diversly to conceive of the substance of the matter delivered to them in Charge by this House, some conceiving it to tend only to the Consideration of the said Note read by the said M^r Francis Bacon and no further; and some again, that their Commission was to treat generally of such a form of Answer unto the said Motion, as the more part of the same Committees should think fittest, and the same afterwards to be reported to this House, and referred further to the consideration of this House, to be liked of or not liked of at their pleasure. And shewed further, that he and the residue of the said Committees, had met together again this Morning, and that the most part of the said Committees had for their parts yielded to grant Conference with the Lords, if this House should so think good, and had appointed him to signify the same unto this House in the name of the said most part of the said Committees, which he said he had now done according to their charge which they had imposed upon him. And so referring his said report to the censure of the residue of the more part of the said Committees he ended his Speech.

M^r Wroth one other of the said Committees, not any way excepting to any part of the said Report made by the said Sir Robert Cecill so as before resolved by the more part of the said Committees for yielding of Conference unto the Lords, shewed, that he for his own part being also one of the said Committees, did not at that time give his assent, neither yet now doth, that any Conference should be had with the Lords in the said Case, for that in his opinion the same would be much prejudicial to the Ancient Liberties and Priviledges of this House, and to the Authority of the same.

M^r Beale likewise shewing himself to be of the same mind with M^r Wroth, and insisting upon the preservation and maintenance, of the former usual and ancient Liberties and Priviledges of this House in treating of Subsidies, Contributions and other like benevolences amongst themselves, without any Conference therein at all had or used with the Lords of the Higher House, doth give an instance of a former precedent in the like Case; and offered to shew forth the same precedent to this House, which (being omitted in the Original Journal-Book it self, is here inserted out of the aforesaid Anonymous Journal more particularly mentioned at the beginning of this present Journal, and) was as followeth. In Anno nono H. 4. the two Houses being divided about the Subsidy, and the Higher House desiring a greater Subsidy than was granted by the Lower House; hereupon twelve that were sent as Committees to the Lords came down, and informed what was desired by the Upper House; namely a greater Subsidy, and to that end Conference to be had with them of the House of Commons. The Commons thought themselves grieved therewith, and so returned their Answer that they would consider what was meet to be done in so general a matter, but thought the Conference a Derogation to the priviledge of the House. Hereupon the King Answered, that he could not, neither was it fit to violate the priviledge of his Commons, but in all things thought it just to prefer them. Which said precedent being thus inserted out of the Anonymous Journal, the rest that followeth is continued out of the Original Journal-Book it self taken in the House and committed to writing by M^r Fulk Ouslow at this time Clerk of the House of Commons. For it should seem, the Speaker and the greater part of the House very well approving, and being satisfied fully with the aforesaid precedent cited by M^r Beale, yet those of her Majesties Privy Council and the Courtiers also at this time of the House were still earnest for admitting of a Conference with the Lords. And thereupon

Sir Robert Cecill spake again, and did put the House in remembrance of the great and urgent necessity for the speedy prevention and avoiding of the great and eminent perils and dangers of this Realm and State, to be effected both by Consultation and also by provision of Treasure; and thinketh good that Conference of this House were had with the Lords as a matter very behoofful: Especially for that their Lordships some of them being of her Majesties Privy-Council do know both the purposes and strength of the Enemies on the one side, and also her Majesties present store of Treasure more or less, on the other side; much better than those of this House do. Resolveth for his own Opinion still to give his consent that Conference be had therein with the Lords, by the Committees of this House; according to their Lordships said former Motion and request for the same.

Sir William Brunker stood up, and reciting the said great present necessity of consultation and p. 486provision, and that it cannot be otherwise, but that the proportion of convenient supply of Treasure answerable to the greatness of the dangers which are imminent, must needs require a greater Mass of Treasure to be had, than hath been as yet treated of in any resolution by this House. And then the Question being urged and by the Order of the House propounded, whether Conference should be had with the Lords, upon the Motion of the Committees of the Lords to the Committees of this House in this Case or no, it was upon the doubtfulness of the Voices, twice given upon the Question thereof twice propounded, resolved upon the division of the House; That no such Conference should be had with the said Committees of the Lords, by the said Committees of this House; for the number of them which were for the said Conference, and said I, went out of the said House, and were found to be in number but a hundred twenty eight, whereas those that were against the said Conference and said No, sate still in the House being in number two hundred and seventeen. So that the matter was over-ruled by eighty nine Voices; with which the Order and Judgment of the whole House went thereupon accordingly.

M^r Serjeant Fleetwood and M^r Doctor Ford do bring from the Lords a Bill Intituled an Act for the better assurance and confirmation of the Jointure of the Lady Margaret Countess of Cumberland.

After the delivery of this Bill thus sent from the Lords the House proceeded in the further agitation of the foregoing great business which by the bringing down of the last mentioned Bill from their Lordships had been a while interrupted. For it having been already over-ruled by the House, that there should be no Conference admitted with the Lords touching the matter of the Subsidy, which their Lordships had desired, it was therefore Ordered upon a Motion made in the House, that some Answer might presently be sent from thence to their Lordships to satisfie them touching their said Motion for Conference; for that in respect the said Conference had been already denied and had been voted to be prejudicial to the Liberties of the House by the Judgment of the same, that a convenient number of this House should be appointed presently in the name of this whole House to give unto their Lordships most humble and dutiful thanks with all due reverence for their said Lordships good, favourable and courteous offer of Conference with this House in the said Cause; and to signify unto their Lordships, that this House cannot in those Cases of Benevolence or Contribution join in Conference with their Lordships without prejudice to the Liberties and Priviledges of this House, and of the infringing of the same: and therefore do in most humble wise request and desire their good Lordships to hold the Members of this House excused in their not assenting unto their Lordships said Motion for Conference; for that so to have assented without a Bill, had been contrary to the Liberties and Priviledges of this House, and contrary also to the former precedents of the same House in like Case had. Which done, all the former Committees of this House were presently appointed to declare the said Answer of this House unto their Lordships, and M^r Chancellor of the Exchequer appointed to declare the same. And for this purpose were nominated and chosen.

All the Privy-Council now in this House being four, Sir Henry Unton, M^r Wroth, M^r Beale, Sir William Brunker, Sir Walter Raleigh, Sir Charles Cavendish, Sir Edward Hobby, Sir Thomas Cecill, Sir George Carey, Sir Robert Sidney, Sir Thomas West, M^r Anthony Cooke, M^r Tasborough, Sir William Moore, M^r George Moore, M^r Serjeant Yelverton, Sir Francis Drake, Sir Francis Hastings, Sir William Knowles, Sir Fulk Griffin, M^r William Haward, Sir Charles Blunt, Sir John Harrington, M^r Herbert Master of Requests, M^r Arthur George, Sir Thomas Conisby, M^r Dyer, M^r Doctor Awbery, M^r Edward Barker, M^r Robert Sackvile, Sir Henry Poole, Sir Edward Stafford, Sir Thomas Read, Sir Henry Cock, M^r Lewkenor, Sir John Points and Sir Edward Carey, who forthwith went up to the Lords of the Upper House with the Message of the said Answer accordingly. And shortly after returning again from thence to this House the said M^r Chancellor of the Exchequer made report of their delivery of the said Answer to the Lords; and shewed, that their Lordships well hoped to have had Conference with this House, according to their former request. And so wished this House to have due care and great consideration touching the speedy provision of a convenient supply of treasure to be had according to the present great necessity of the said Cause. And shewed, that their Lordships desired to see those precedents of this House, by which this House seemeth to refuse the said Conference. And so gave end to his Speech for that time.

One being no Member of this House, and yet found to have sitten in this House, during the greater part of this Forenoon, was brought to the Bar, and being there examined by M^r Speaker of his name and place of abode; answered his name to be John Legg, and that he was Servant to the Earl of Northumberland; and pleading simplicity and ignorance for his excuse, and alledging that he had some business to do with M^r Doctor Herbert Master of the Requests from the said Earl his Master, and that therefore he entred into the said House, not thinking any harm nor knowing the danger thereof. And so humbly praying pardon, was in the end committed to the Custody of the Serjeant of this House, till this House shall upon further Examination of the matter take other Order.

The Bill for Naturalizing of William Sidney and Peregrine Wingfield was twice read, and upon the Question was Ordered to be ingrossed.

Four Bills also had each of them one reading; of which the second being the Bill touching p. 487George Ognell Esquire had its first reading. The substance whereof is taken out of the aforesaid Anonymous Journal (more particularly mentioned at the beginning of this present Journal) in manner and form following, viz.

One Trussell having sold the Mannor of Binsley to Ognell for good consideration, and afterwards of purpose to defeat this Purchase, caused himself to be Indicted of Felony done in Kent before the Seal to Ognell, and was thereof Attainted, and with relation of the Felony defeated Ognells purchase; It was Enacted, that this Attainder should be void only as in respect of this Purchase, and to that end to be as if Trussell had never been Attainted, nor no Lords to have any Escheats or other by reason of this Attainder. Her Majesty understanding this, was pleased to remit her Interest.

M^r Speaker perceiving some men to whisper together, said, that it was not the manner of the House, that any should whisper or talk secretly, for here only publick Speeches are to be used.

Nota, that these two particulars are only supplied out of the aforesaid Anonymous Journal, and that which followeth and also that which went before, is inserted out of the Original Journal-Book it self.

Sir Edward Dymock moved, that a Commit tee of this House may be appointed for a speedy Conference to be had touching the present necessary provision and Supply of Treasure to be had for the defence of this Realm and State. And thereupon the former Committees for the Subsidy (whose names see before on Monday the 26^th day of February last past) were ordered to meet upon Monday next at two of the Clock in the Afternoon in this House, to confer in this Case.

On Monday the 5^th day of March, Two Bills of no great moment had each of them one reading; of which the second being the Bill against the stealing of Oxen, Kine, Sheep and Lambs, was upon the second reading committed unto M^r Wroth, M^r Sands, M^r Recorder of London and others; and the Bill was delivered to M^r Wroth, who with the rest was appointed to meet in this House to Morrow at two of the Clock in the Afternoon.

The Bill concerning salted Fish and salted Herrings was read the second time, and thereupon committed unto Sir Francis Drake, Sir Thomas Sherley, the Burgesses of Yarmouth, Plymouth, Hall and Saltash, the Burgesses of all the Port Towns, Mr. Robert Wroth, Sir Henry Knivet and others; and the Bill was delivered to Mr. Wroth, who with the rest was appointed to meet upon Wednesday next at two of the Clock in the Afternoon in the Exchequer Chamber.

Nota, That after the Commitment of these Bills ensued divers Speeches touching that great business of Conserence, with the Lords which had been very largely debated on Saturday last in the House. All which said Speeches being either very shortly and imperfectly set down in the Original Journal-Book of the House of Commons, or wholly omitted, and for which three intire pages and more are there left Blank to have inserted them (in which are set down the names only of some of those that spake them) therefore they are supplied out of the aforesaid Anonymous Journal very elaborately taken by some Member of the said House during this Parliament, and do here next ensue in manner and form following.

Mr. Beale desired to satisfy the House, by reason it was conceived by the Lords the other day, that upon his Motion, and by his precedent shewed, the House was led to deny a Conference with the Lords, he acknowledged he had mistaken the question propounded. For there being but a Conference desired by the Lords, and no confirming of any thing they had done, he thought we might, and it was sit we should confer. And to this end only he shewed the Precedent, That in the 9^th year of H. 4. the Commons having granted a Subsidy, which the Lords thought too little, and they agreed to a greater and would have the Commons to confirm that which they had done; this the Commons thought they could not do without prejudice to this House. Wherefore he acknowledged himself mistaken in the Question and desired if any were led by him, to be satisfyed, for that he would have been of another opinion if he had conceived the matter as it was meant.

Sir Thomas Heneage propounded the Question anew, and thought that with the priviledge of the House, and by precedents to be shewed, there had been Conference with the Lords used upon the like Motion.

Sir John Wolley thought that the former denyal grew upon mistaking of the Question, and upon better consideration would have the matter reversed, and now to assent to that which was denyed before.

Sir Henry Knivett moved, that for the freedom of the House it might be concluded amongst them a matter answerable at the Bar, for any man to report any thing of any Speech used, or matters done in this House.

Sir Henry Upton spake in defence of the former proceedings of the House, and shewed how it had proceeded; first agreeing to a double Subsidy and four Fifteenths, this being offered, and the Lords thinking it seemed little, and considering the present necessity, the lack of payment of Subsidies, and the true rating of Subsidies, over that they were wont to be, they desired a Conference with the Lower House, giving reasons of great Importance for a greater aid; and they gave us a taste of what was needful, as three Subsidies at the least; and upon those great Causes desired a Conference the next day. This being delivered unto the House by one of the Committees sent to the Lords, the House upon p. 488Consideration thought it not to stand with their Priviledge to confer with their Lordships in matter of Subsidies, because it was the liberty of the House to make Offer themselves to her Majestv. And in regard it stood not with the Priviledge of this House to confer with the Lords, hereupon they advise upon an Answer to be made unto the Lords, wherein they should give them thanks that they had vouchsafed to confer with them of this House; but shewed, that with the Priviledge of the House they could not have Conference with them in matter of Subsidy.

Further he thought the House much injured, that they should be reported to be against the Subsidy; and the Parties injured who speaking the last day against the Subsidy, their names were given up, and were noted for it to the Queen.

And now my Motion is that we must confer with the Lords upon the Subsidy, but not in any fort to be conformed therein unto them. And for that occasion past, he desired that M^r Speaker might be sent and report the truth of the whole matter and manner of our proceedings.

Sir Robert Cecill spake next and said, I desire now I may be somewhat long, because I must include an Answer to three Speeches. Those two Honourable Persons that sit above, the one of them declared the true state of the Question, the other what was fit we should do. But my Answer shall tend only to those 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 there is a new mistaking added to the former satisfaction.

The second Mans Motion thus far I allow, That the Counsel 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 secret from her, I am altogether against it. This only I should desire, what ought to be observed, That nothing ought to be reported unto her in malam partem.

The third Mans Motion consisted of three points. The first was News, the second was History, and 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 Progress of this matter. His Motion was, that we should confer with the Lords about a Subsidy with them, but not conclude a Subsidy with them. His matter 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 Raleigh spake next and moved, that seeing the division of the House the last day grew as he conceived upon the mistaking of the question, and that since some had reported unto him, that had the question been propounded whether they should only yield to a Conference in general with the Lords, they would not have been against it; and therefore he desired M^r Speaker to put it to the Question, whether they should confer with the Lords generally or not, without naming a Subsidy. This Motion being well liked, Sir Walter Raleigh was desired by the House to repeat it again, that so it might be the better heard of them all. And thereupon he said, that touching the aforesaid question which had received a No upon Saturday last foregoing, he would not make it a Question again, for by the Order of the House he could not; but propounded this for a new Question in these or the like words, Whether the House would be pleased to have general Conference with the Lords touching the great imminent 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 said Question being propounded unto the House, it was assented unto accordingly by them all without any negative Voice.

And thereupon the former Committees appointed for Conference with their Lordships (whose names see before on Thursday the first day of this Instant March) were presently sent up from this House unto their Lordships to signify the resolution of this House in yielding to the said general Conference with their Lordships according to their former desire. And that Sir Thomas Heneage her Majesties Vice-Chamberlain should make report thereof from this House unto their said Lordships.

Thus far out of the aforesaid Anonymous Journal; that which followeth is inserted out of the Original Journal-Book it self.

Upon a Motion made by M^r Serjeant Harris for the Order of this House for setting at liberty of John Legg Servant to the Earl of Northumberland, who was found sitting in this House upon Saturday last and is no Member of the same, and was thereupon committed to the Serjeants Ward till further Order should be taken with him by this House; the Serjeant of this House is appointed to have the said John Legg here to Morrow Morning.

The Bill touching the true assizing of Bread had the second reading, and was committed to the former Committees in the Bill concerning salted Fish, and salted Herrings (appointed in the beginning of this present day) and to meet at the same time and place, as for the said Bill touching salted Fish and salted Herrings is appointed; And the Bill was delivered to M^r Wroth one of the said Committees.

The Bill for Naturalizing of Samuel Saltingstall and others born beyond the Seas was upon the second reading committed to M^r Treasurer, p. 489Sir Thomas West, M^r Recorder of London, Sir Henry Knivet and others, and the Bill was delivered to Sir Thomas West, who with the rest was appointed to meet upon Wednesday next at two of the Clock in the Afternoon in the Exchequer Chamber.

M^r Vice-Chamberlain and the residue of the Committees making their return from the Lords, he shewed their Lordships ready good will in accepting the offer of Conference of this House with their Lordships. And their Lordships have appointed for that purpose a Committee of two and twenty of themselves to join in Conference with the Committee of this House, and have appointed the place to be in the Chamber next to the Upper House of Parliament, and the time to be to Morrow at two of the Clock in the Afternoon. And thereupon the Committee of this House appointed to have conferred amongst themselves for the matter of the Subsidy this present Afternoon in this House, are appointed to defer their further consultation therein, until the said other Committees of this House appointed for the said general Conference with the Lords shall have further acquainted this House of their travail and treaty to be first had with the said Committees of the Lords. And also the meeting of the Committees in the Bill for reducing of disloyal Subjects to their due obedience is now signified to the same Committees to be held in the Afternoon of this present day in this place.

On Tuesday the 6^th day of March, Two Bills of no great moment had each of them one reading; of which the second being the Bill for Confirmation of 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 Borough of Camelford 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 alledging that the said Richard Leech offered to yield the place to Sir George Carew, moved the Order of this House therein. And thereupon M^r Speaker was appointed to move the Lord Keeper in the said Case for this Order, either in the allowance of the said Sir George Carew in the place of the said Richard Leech, or else in awarding a new Writ for the chusing another at his Lordships pleasure. And so for his Lordships Order in the Case of the Burgess returned for the Borough of Southwark, in the allowance of Richard Hutton already returned, or else in awarding of a new Writ for chusing of another at his Lordships pleasure. And so also for his Lordships Order in 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.

The Bill against Aliens born to sell by way of retail Foreign Wares brought into this Realm, was upon the second reading committed unto Sir John Wolley, Sir Edward Stafford, Sir Robert Sidney, M^r Recorder of London and others, who were appointed to meet upon Thursday next at two of the Clock in the Afternoon in the Exchequer Chamber.

The Bill touching M^r Read Stafford, &c. was upon the second reading committed unto M^r Heyle, Sir Edward Stafford, Sir Henry Umpton, Sir Thomas West and others, who were appointed to meet upon Monday next at two of the Clock in the Afternoon in the Star Chamber.

M^r Vice-Chamberlain putting the House in remembrance of their resolution yesterday for praying Conference with their Lordships touching the great dangers and necessary remedies to be considered of, and which was then so signified unto their Lordships by the House, which return from their Lordships of the time and place appointed by them for that Conference, being at two of the Clock in the Afternoon this present day, in the Chamber next to the Upper House of Parliament, moved that it may be presently resolved in this House, wherein and how far the said Committees of this House shall have Warrant to treat with the Committees of the Lords. It was after many Speeches of sundry Members of this House very well delivered to divers effects and purposes resolved and agreed by the whole House upon the Question, that the said Committees of the House should have Authority to confer with the said Committees of the Lords generally concerning the said dangers and remedies as occasion should serve: But not in any manner of wise to conclude or resolve of any thing in the said Conference particularly, without the further privity or assent of this whole House to be had in that behalf, upon the report of the said Committees to be first made unto this House of their Proceedings in the said Conference to be had this present day as aforesaid.

Nota, That there is no more found of this days Passages in the Original Journal-Book of the House of Commons, although there be almost two pages left blank by M^r Fulk Onslow at this time Clerk of the said House, with intention doubtless at the first to have inserted them, and therefore they are very largely and fully supplied out of the aforesaid Anonymous Journal very elaborately taken by some Member of the same House during this Parliament, where it appeareth that after the aforesaid Speech of Sir Thomas Heneage her Majesties Vice-Chamberlain, M^r Oliver S^t John spake next in the manner and form following.

M^r Oliver S^t John said, he thought that M^r Vice-Chamberlain did mistake the thing we agreed upon, that we went not to confer with their Lordships in any thing that we had to deliver, but to understand of things from them, p. 490the Conference being offered from them and not from us.

Sir Walter Raleigh Answered M^r S^t John, that he mistook M^r Vice-Chamberlain, and the thing agreed by the House; for we agreed all to a general Conference, but not in particular for the Subsidy, for this we refused. If we confer generally, it must be of our dangers, and of the remedies, which must be by means; if of means, it must be of Money and Aid. So our Conference must needs be of Subsidy, or rather Aid; but to agree upon this with any resolution either in the matter or substance, it is not our meaning.

Sir Robert Cecill answered M^r S^t John, that he mistaking M^r Vice-Chamberlain, did wrong him in saying he delivered the Message insufficiently or untruly, and so would have the priviledge of the House; and that it should be delivered by the Committees whether M^r Vice-Chamberlain did report truly; and if truly, then M^r S^t John to answer it: and so said Sir John Woolley.

The House having cleared Sir Thomas Heneage Vice-Chamberlain, he said he would have no other satisfaction than to be cleared by the House. And protested, he thought no ill of the Gentleman, but allowed him for speaking as he thought.

Sir Henry Umpton agreed to the Conference, and was glad the last days No and this were so well concluded; and moved, that we might not be deprived of thanks, to agree unto a treble Subsidy before we went to confer.

M^r Frowick Grevill said: There are two scruples in the House, which I would gladly satisfy; the one the priviledge of the House, the other the poverty of the people. For Precedents they are but Examples of things past. Now every Example ought to be stronger than the thing we fear: for if the thing be otherwise and our necessity greater, the former doings are no Rules to us. And so Precedents as they are not to be rejected, so they ought not to be Eternal. For the poverty of our Country, we have no reason to think it poor, our sumptuousess in Apparel, in Plate and in all things, argueth our riches. And our dearth of every thing amongst us, sheweth plenty of Money. But it is said, our Countries are poor, and we must respect them that sent us hither. Why, so we must also remember who sent for us hither. This Cause is hard; for there is necessity against necessity, danger against danger, and inward discontent against outward Forces. The poor are grieved by being overcharged; this must be helped by increasing our own Burthen; for otherwise the weak feet will complain of too heavy a body; that is to be feared. If the feet knew their strength as we know their oppression, they would not bear as they do. But to answer them, it sufficeth that the time requireth it. And in a Prince power will command. To satisfy them, they cannot think we overcharge them, when we charge our selves with them and above them: But if nothing will satisfy them, our doings are sufficient to bind them. If the multitudes of Parliaments be remembred heretofore, many Subsidies now in one Parliament cannot seem burthensome. The more Laws we make, the less liberty we have to our selves. And now one word for my self, if my Speech hath offended, excuse me, I will not often trouble you hereafter.

M^r Speaker said, I do not desire to be thought arrogant, for the thing which I will speak shall be out of duty belonging to my place. Because I see many Speeches grow upon mistaking, and one Speech mistaken to cause another mistaking, & sic undam gignere undam, and so a great deal of time lost in words; hereafter I will be bold, if any man mistake in the point of a Bill, to tell him of it before his Speech proceed; for this Question of conferring with the Lords has taken up so much time only by mistaking; for 'tis granted by the House to have a General Conference.

They that should confer had need be authorized and instructed what to confer upon; for he that hath but delegatam Potestatem, will think nothing Promissum that is not Commissum; and 'tis certain non utile est, ubi nulla est curatio morbi. Therefore understand what is needful to confer upon.

The question upon the Return of the Burgess of Southwark and for mending a Return in an Indenture, were referred unto M^r Speaker to inform the Lord Keeper thereof.

No Return can be amended in this House. For the Writ and Return are in Chancery and must be amended there. And in the Chancery this is the Rule, if the Sirname or the proper name of a party be mistaken in the Return, the Lord Keeper will not amend it; for such tender consideration is had of the free Election by the Corporations, as no Information shall be credited against the Return, but the Lord Keeper will first make out a Writ reciting the mistaking in the former Return, and then they by the same Writ shall have Authority to make a new Election. Thus far out of the aforesaid Anonymous Journal.

On Wednesday the 7^th day of March, Sir Edward Hobby moving the Cause of M^r Fitzherbert his bringing up unto this House by a Writ of Habeas Corpus cum Causa from the Lord Keeper, showeth, That he hath moved the Lord Keeper touching the said Writ, and that his Lordship thinketh best in regard of the Ancient Liberties and Priviledges of this House, that a Serjeant at Armes be sent by Order of this House for the said M^r Fitzherbert at his own Charge, by reason whereof he may be brought hither to this House, without peril of further being Arrested by the way, and the state of this Cause to be considered of and examined when he shall be come hither: Which was thereupon well liked and allowed by this House.

p. 491Three Bills had each of them one reading; of which the second concerning the lawful deprivation of Edward Bonner late Bishop of London, was read the second time.

John Legg Prisoner at the Bar Servant to the Earl of Northumberland (as he saith) after a good Exhortation given him by M^r Speaker, and the Oath of Supremacy pronounced by him at the Bar, is upon his humble Submission and craving of Pardon set at liberty of his Imprisonment by the Order of this House, paying his Fees. Vide on Saturday March the third foregoing.

The Bill for Confirmation of the Jointure of the Lady Margaret Countess of Cumberland had its third reading; and thereupon it was moved by some, that it might now pass the House, and be sent up also to their Lordships: but others took Exceptions thereat, because the Bill had not been as yet spoken unto. Whereupon because it could not now be committed after the third reading, it was by the Order of the House agreed, that it should be spoken unto to Morrow, and afterwards pass the House, or be dashed as the Case it self should require.

The Bill for Naturalizing of William Sidney and Peregrine Wingfield, was sent up to the Lords by M^r Treasurer and others.

M^r Serjeant Snagg and M^r Serjeant Fleetwood do bring the Lords two Bills; the one Intituled an Act against Counterfeiting of Councellors or principal Officers hands; and the other Intituled an Act to confirm the sale of the Lands of M^r Raven Gentleman, made unto Lisse Cave, Thomas Andrewes and Edward Hisserigg Esquires, towards the payment of a Debt due unto her Majesty.

M^r Vice-Chamberlain shewed, that he and the rest of the Committees for Conference with the Lords did attend their Lordships yesterday in the Afternoon at the time and place appointed according to the Commission of this House, and having there received from their Lordships further Advertizement of the imminent great dangers of this Realm and State more than their Lordships had imparted unto them in the last former Conference of this House with their said Lordships before, they did thereupon move their Lordships for their good favour in giving time to this House to consult upon the said dangers and the remedies for the same until to Morrow in the Afternoon. Their Lordships thereupon were so pleased to do; albeit they rather desired the same might have been done sooner. And so reciting at large the particularities of the said Advertizement, and whereof some happened since the last former Conference, Moved this House to grow to some resolution of matter to be prepared ready to be offered unto their Lordships to Morrow in the Afternoon, according unto the promise of himself and the residue of the said Committees of this House unto their Lordships yesterday. It was in the end after sundry Speeches of divers grave Members of this House, tending to divers forms of provision of Treasure, some by way of treble Subsidies and like proportionable Fifteenths and …, and some by other sorts of benevolences, resolved upon the question, that the former Committees of this House for consultation to be had for necessary supply of Treasures to be had for the repelling of the said dangers, should meet in this House in the Afternoon of this present day to confer and consult generally touching the said great dangers, as also touching the remedies, that the same being digested may be reported over unto this House into such form as to the same shall be thought good; to the end that afterwards it may in the Afternoon be imparted unto the Lords accordingly.

Nota, That there is no more of this days Passages found in the Original Journal-Book of the House of Commons, although there followed divers Speeches upon the foregoing Motion of Sir Thomas Heneage her Majesties Vice-Chamberlain concerning the great business of supply to be given to her Majesty; all which are therefore inserted out of that foresaid Anonymous Journal taken by some Member of the said House during this Parliament, which are there set down (with very little alteration added to them) in manner and form following.

Sir Thomas Cerill speaking next after Sir Thomas Heneage had ended his former Speech, said, that three Subsidies might be set down to be paid in four years, and to be charged upon men of ten pound and upwards to spare them that were under.

Sir Henry Knivet affirmed the poverty of our Country against the reasons used. The principal reason of our poverty he said was because we brought in more Foreign Wares than we vented Commodities, and so by this means our money was carried out of our Country. Alledging it to be like a Pond fed with a Spring, but having a breach through which more passeth than cometh in, so &c.

He made these two Motions; First, that the Queen should be helped by a survey taken of all mens Lands and Goods in England, and so much to be yearly levyed as to serve the Queen to maintain Wars, the proportion being set a hundred thousand pound yearly; And secondly, if this were misliked, every man upon his word and power to deliver what were the profits of his Lands and worth of his goods, and so a proportion to be had accordingly.

Sir Francis Hastings said, The preparations of the Enemies Forces are both ready and great, and intus they conspire; therefore a great Aid must be yielded: And I could wish three Subsidies to be levyed in this matter; in the first of them those to be charged of five pound Lands and five Marks Goods; in the second those of twelve pound Lands and eight pound Goods, and in the third all to be charged as these have been.

p. 492Sir Walter Raleigh Answered them that spake of the Poverty of the Land, which they argued by the multitude of Beggars, he gave these reasons: That the broken Companies in Normandy and the Low Countries who returned maimed hither, never went back again to the Towns from whence they came. For a multitude of Clothiers take their Looms into their own hands, spinning their Wooll themselves, and except we would work unto them better cheap than they can make themselves, they will set none on work. This grossing of so many Trades into their own hands, beggereth so many as usually lived by the Trade. He thought it inconvenient to have so many mens livings surveyed: For many are now esteemed richer than they are, and if their Land and Wealth were surveyed, they would be found Beggars, and so their credit which is now their Wealth, would be found nothing worth.

He reported of his own knowledge, that the West Country since the Parliament begun, had taken from them the worth of four hundred and forty thousand pound. They of Newcastle lie still for fear, because Burdeaux Fleet was taken this year by the Enemy. For the Enemy approaching us, and being our Neighbour as he is gotten to be, our Trades will decay every day, and so our poverty encreaseth every day more and more. And this is most certain, the longer we defer Aid, the less able shall we be to yield Aid; And in the end the greater Aid will be required of us. And so sparing them now we shall charge them when they shall be less able to bear it. For this is most true, one hundred thousand pound would have done the last year that which three will not now do; and three will do this year that which six will not do hereafter. So in conclusion he agreed to three Subsidies; in them the three pound men to be spared, and the summ which came from them to be levied upon those of ten pound and upwards, and the payment to be speedy.

Sir Henry Umpton agreed that there should be three Subsidies granted, according to the old payment; only that a care should be had of assessing it on them that were best able. And his conclusion was, that it might be soon agreed upon, for so it would be more acceptable, because Tardè velle nolle instar est.

Sir Edward Stafford thought Subsidies were not so fit a remedy for the dangers we were in, but advised rather, there being ten thousand Parishes in England, that it should be imposed on every Parish to find so many men for the Wars; and the richer Parishes to help the poorer. And the allowance for every man yearly to be twelve pound. After this he moved to have the Parliament Prorogued.

Sir Francis Drake described the King of Spains strength and cruelty where he came, and wished a frank Aid to be yielded to withstand him; and he agreed to three Subsidies.

Serjeant Harris moved for three Subsidies, but the ancient custom of payment to be retained; besides, no three pound men to be excused, for then every man will labour by his Friend to be set three pound. And that it was not needful to find men for the Field. For by the Tenures, of which there are three in England, this is provided for. The first Chivalry, that is to do service in the Field; the second Socage, that is to find us victum & vestitum by the Plough; the last Frankal moign, who are to pray for us to God. Now every one by whom fealty is to be done by his Tenure, he is to be forty dayes in the Field with his Lord.

Sir Robert Cevill said, I am glad to see the willingness of the House and readiness to yield Aid; and having a feeling of the necessity requiring it, my desire is, that the Sentence which had had so many Parentheses, might now be brought to a Period, and the Bears Whelp that hath so many times been licked over, might now be made somewhat. For that is always the most Honourable Conclusion, which having received many Contradictions, is in the end concluded. So he desired this matter of Subsidying might be committed to some special Committees in the Afternoon.

Sir John Fortescue thought it liberal to grant three Subsidies, but did assure of his proper knowledge, that three Subsidies would not defray her Majesties Charges, though all other Customs and Revenues were added unto them; And motioned what should be delivered by the House, and what should be delivered to the Lords by the Committees.

Sir Thomas Heneage her Majesties Vice-Chamberlain affirmed, he never saw the House so willing to yield to needful Aids. And that he was one who had now served her Majesty a long time, and knew something her disposition. Wherefore he advised that the wonted course should be followed. For he heard her Majesty speak of it, that she loved not such fineness of device and novel inventions, but liked rather to have the antient usages offered. It is best so to have it paid as it hath been heretofore. Only a greater discretion to be used in the charging of it. To charge the poor men more deeply he thought it not fit; yet they to be grateful to her Majesty he thought it would be accepted. And that the best able men should offer somewhat to her Majesty of their ability. And for the Order of our Proceedings, he thought it fit that we first agree to three Subsidies, and six Fifteenths: this to be considered upon by Committees this Afternoon, and to Morrow to be propounded to the House. And then if it were allowed, we might at our going to the Lords tell them what we have agreed upon.

Hereupon a murmur was in the House whether we should have a Committee for three Subsidies, or a general Committee to confer of all matters of remedies.

The question being propounded it was Answered, that it should be by a general Committee.

p. 493In the Afternoon at the General Committee the Committees met, and it was debated how the Subsidy could be levied in shorter time than heretofore. The poverty of the people and hard Collections of other Subsidies, and the double charge which this would be unto them, with many other reasons were alledged against the Parliaments so speedy Collection. On the other side it was vehemently pressed, that the necessity of the time was such, as it could not carry the accustomed time for payment, her Majesties Purse and Coffers being empty, the danger would be over before the usual payment would come in. Wherefore if the help were not timely, it would be no service. There was much division about this. Some of the Committees would have this propounded, whether the three Subsidies should be paid in four years or three; others dissented from it.

M^r Heale amongst the Committees argued the wealth of the Country to be greater than ever it was, affirming that of his own knowledge from the Mount to London the Country was richer many thousand pounds than heretofore. He also urged the necessity, which being so great, and her Majesty having expended as was said since Eighty eight above ten hundred and thirty four thousand pounds and that only in Normandy, Brittany and in the Low Countries, and upon her Navy and Artillery; besides all her Pensions to Foreign Princes, her Officers Fees, the charges of her Garrison of Barwick, standing her yearly in seventeen thousand pounds; and all this is besides the Expences in her House. These things being considered, he thought more than Subsidies would be yielded; and if Subsidies only, the richer Men must be the more deeply charged, and the Commission so penned, as the Commissioners may have Authority to force men.

M^r Francis Bacon assented to three Subsidies, but not to the payments under six years. And to this propounded three questions, which he desired might be answered. The first, Impossibility or difficulty; the second Danger or discontentment; and thirdly, a better manner of supply than Subsidy.

For Impossibility; the poor mens Rent is such, as they are not able to yield it, nor to pay so much for the present. The Gentlemen must sell their Plate, and Farmers their Brass Pots, ere this will be paid. And for us we are here to search the wounds of the Realm and not to skin them over; therefore not to perswade our selves of their wealth more than it is.

The dangers are these. We shall first breed discontentment in paying these Subsidies, and in the Cause endanger her Majesty's safety, which must consist more in the love of the people than in their wealth; and therefore not to give them discontentment in paying these Subsidies: thus we run into a double peril. In putting two payments into one, we make a double Subsidy. For it maketh four shillings in the pound a double payment. The second is this, that this being granted in this sort, other Princes hereafter will look for the like; So we shall put an evil precedent upon our selves, and our Posterity. And in Histories it is to be observed, that of all Nations the English are not to be subject, base or Taxable.

The manner of supply may be by Levy or Imposition, when need shall most require; so when her Majesties Coffers are empty, they may be filled by this means.

Sir Thomas Heneage her Majesties Vice-Chamberlain said, my Opinion shall not prejudice any mans Judgment, but this my answer to the Gentlemans two reasons that spake last, which were difficulty and discontentment. For the first, it is strange to count that impossible which hath been proved, or that difficulty, which hath been used. For discontentment, a people sound in Religion and faithful to the Queen and State, were never found to love their Prince so little, as to be discontented, &c. The necessity of the time is to be considered, and shall be informed unto them, which is such as has not been at any time these sixty years, nor at any time the like was ever heard of; Yea such dangers, as are not to be read that ever the like was intended to any State. Therefore for this extraordinary time some accustomed help must be had; and from these Subsidies do but take away the benefit of time, and then the payments will yield no help to our necessity; for in two years the dangers will be over. So he desired that in this Case Examples might not lead us, but that the present dangers should move us.

Sir Thomas Cecill moved also, that the Cinque-Ports might be also brought into the Taxes of the Subsidies at this time; for that it hath been the use of men having any Lands in the Cinque-Ports, to take sanctuary there before the Sessing of the Subsidy, by removing themselves, and keeping their Houses there.

Sir Walter Raleigh said, I can see no reason that the suspicion of discontentment should cross the provision for the present danger. The time is now more dangerous than it was in Eighty eight; for then the Spaniard which came from Spain was to pass dangerous Seas, and had no place of retreat or relief if he failed: But now he hath in Brittany great store of Shipping, a Landing place in Scotland, and Men and Horses there as good as we have any. But for the difficulty in getting this Subsidy, I think it seems more difficult by speaking than it would be in gathering.

Now stood up two or three to have spoken, striving who might speak first. Then the Speaker propounds it as an Order in the House in such a Case, for him to ask the parties that would speak, On which side they would speak, whether with him that spake next before, or against him; and the party that speaketh against the last speaker is to be heard first. And so it was ruled. Where it may seem, that the Speaker duplicate page p. 492duplicate page p. 493p. 494did give admonishment sitting in the House as a Member thereof, and not sitting in his Chair as Speaker, which he never doth at any Committee although it be of the whole House.

After which some able Member of the House, whose name is not set down, spake next and said, I could very well agree to the Subsidies, if they were not prejudicial to the Subject in other services. For Subsidies be in the valuation of every mans Lands and Goods by Records called the Queens Books, and according to mens valuation of Subsidies, are they at all other charges, as to the Wars and in time of Muster with Horse and Armour; and this charge maketh men so unwilling to be raised in the Subsidy; but if these Subsidies brought in no other charge with them, they would be yielded willingly. But the tail and appendage of it being so great, and higher than the Subsidy it self, is the reason that men are so unwilling to yield it. Wherefore if a greater Tax or Assessment than heretofore be desired, I would wish a Proviso to be added in the Statute. That by this Subsidy no man should be raised as to the defray of other charges above the rate they were put to before.

Sir Francis Godolphin wished the first payment might be at Midsummer, for after that time the Receivors had the benefit of the money. The next to be at Michaelmas, for at that time men would have it in the benefit of their Corn and Commodities. And so in four years and a quarter the Subsidy would be paid with more ease.

M^r Lewes agreed to the Subsidies, and desired that two things might be granted, whereby the Subject should be inriched and the better inabled to pay the Subsidy: That is, that one liberty may be granted, which is transporting of Corn; and the other is for somewhat to be restrained, viz. bringing in of Wines so abundantly; for the vent of our Cloth amounteth not to the sum of our Vintage, & srugem patrem-familias vendacem non emacem est oportet. And thinks it good that the Statutes made heretofore against excess in Apparel might be put in Execution.

M^r George Moore said, I am grieved to see it, and I speak it with grief, how perilous our Estate is, and how dangerous a cause we be in. We are not sick of one Disease but we labour with a plurality of Diseases. To meet therefore with our threefold Diseases we ought like good Physicians to apply a threefold remedy, a treble Subsidy. And as the Physick is lost which is not taken in time, so we must seek to minister the Medicine in good time. And our Disease being a Pleurisie, it is fit we did so. For a skilful Physician though he see in a Pleurisie there is no remedy without letting Blood, yet he will then chuse the time of letting Blood, when the sign is furthest from the heart. Let us let the people Blood, and so prevent the danger.

M^r Heyle said, If we take care for our Posterity, we had best to settle our Posterity, which will not be, except we prevent dangers now imminent. For precedents of Subsidies they are not to be feared, because before-time greater were required than ever since were granted. Therefore this is no Rule, that what we grant now will hereafter be required. ..... In the sixth year of King John every one holding by a Knights Fee, was bound to find a Knight in the Wars. And for this present Law, it may be Enacted, that this shall be no precedent for Subsidies hereafter, like as it was in the fourteenth of Edward the Third.

Sir Robert Cecill assented to those that had spoken for the Subsidies, but to them that had spoken to the contrary he said, they speak out of time; And to speak to the particular parts, as that our Poverty is not to be skinned over but throughly healed; that discontentment is to be feared; and lastly, that precedents for hereafter would be avoided. For the first, if we be poor, yet at this time it is to be considered we are in great danger, and of two mischiefs we must chuse the lesser. And therefore I would have this question after so much discussing banished the House.

For Precedents, they have never been perpetual, but begun and ended with the Causes; and as the Causes grew, so grew the Precedent. In her Majesties time it is not to be feared that this Precedent will ever do us harm, for her Majesty will never accept any thing that is given her unwillingly of her Subjects: Nay in the Parliament the twenty seventh of her Reign she refused a benevolence offered her, because she had no need of it, and would not charge her people. This being out of fear, we have no reason to give prejudice to the best Queen or King that ever came, for fear of a worse King than ever was. After her Reign I never had so much as one Idea in my Head what would be our Estate then.

Now to end the matter long debated, my desire is, that the question might be made for three Subsidies payable in four years.

This question was made in the House, and at the first they gave an I.

Thus far out of the aforesaid Anonymous Journal, that which follows is out of the Original Journal-Book it self.

On Thursday the 8^th day of March, M^r Speaker shewed unto the House, that according to 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 Borough of Southwark in the County of Surrey, instead of Richard Hutton supposed to have been unduly and undirectly Elected; and also for the allowing of Sir George Carew Knight to be Burgess for the Borough of Camelford in the County of Cornwall, as truly returned Burgess of the said Borough of Camelford to the Sheriff of the said County, in the stead of Richard Leech alledged to have been p. 495returned to the said Sheriff by a false Return; And also for changing of the name of John Dudley Esq returned a Burgess for the Borough of Newtown in the County of Southampton, into the House by the name of Thomas Dudley Esquire, alledged to be the same person in very deed that should have been returned; and that his name was mistaken, and none living known by that name of John Dudley. His Lordships Answer and Resolution in the said Cases was, that the said Returns of the said Burgesses of Southwark and Camelford should stand and continue according to the Returns of the same, without taking notice of any matter of fact therein, or in the Election at all. And that his Lordship would direct a Writ for chusing of another Burgess for the said Borough of Newtown in the stead of the said John Dudley; And that his Lordship would in the said Writ insert the said Cause of misbehaviour so as before alledged.

Four Bills of no great moment had each of them one reading; of which the last being the Bill for Confirmation of the assurance unto certain Purchasers of Lands sold by Sir Richard Knightley Knight, M^r Valentine Knightley, and M^r Edward Knightley Esquires, was upon the second reading committed unto M^r Serjeant Yelverton, Sir Henry Umpton, M^r Cradock and others, who were appointed to meet to Morrow at two of the Clock in the Afternoon in the Exchequer Chamber.

The Bill to take away the benefit of Clergy in some Cases was twice read, and committed unto the former Committees in the last former Bill, and M^r Richard Brown Gentleman was added unto them; who with the rest was appointed to meet at the same time and place, as in the said last former Bill, viz. to Morrow at two of the Clock in the Afternoon in the Exchequer Chamber.

Two other Bills also had each of them one reading; of which the second being the Bill for confirmation of the sale of the Lands of William Raven Gentleman made unto Lisle Cave and others, was twice read, and committed unto M^r Heale, M^r Serjeant Yelverton, Sir Henry Knivet, M^r Recorder of London and others, who were appointed to meet upon Saturday next at two of the Clock in the Afternoon in the Middle-Temple Hall.

M^r Vice-Chamberlain shewed, that he and the residue of the Committees of this House for Conference with the Lords did meet together yesterday in the Afternoon according to the appointment of this House, and that after many Speeches and Arguments gravely 'delivered by sundry of the said Committees, the greater part of them did assent and agree unto the granting of a triple Subsidy and of six Fifteenths and Tenths, to be yielded to her Majesty towards the provision against the great and imminent perils and dangers of this Realm. The same triple Subsidy and six Fifteenths and Tenths to be levyed and paid in four years in a certain form, which they had set down in Articles, that is to say, one intire Subsidy and two Fifteenths and Tenths at one payment in the first year, and one other intire Subsidy and two Fifteenths and Tenths at one other payment in the second year, and one intire Subsidy and two Fifteenths and Tenths at two payments in the third and fourth years. Which done, he moved further to know the resolution of the House, Whether it would please them to give liking to the said travel of the said Committees in the said Cause; or that it might be their pleasures to resolve of any such other course therein, as they may have Warrant to impart unto the Lords this Afternoon according to the promise of this House to the Lords. Whereupon after many long and grave Speeches and Arguments by divers of the said Members of this House, it was agreed by them all without any contradiction, that the proportion should be a treble Subsidy and six Fifteenths and Tenths. And the said Articles for the manner of payment being read by the Clerk of the House, seemed for the most part to be well liked of. Whereupon after some Motions to the Question, M^r Speaker dividing it into two several parts, the one for the number of the said three intire Subsidies and six Fifteenths and Tenths, and the other for the manner and time of levying and payment of the same three intire Subsidies and six Fifteenths and Tenths, it was upon the same several questions severally resolved by the whole House, the proportion to be a treble Subsidy and six Fifteenths and Tenths, and the manner of paying and levying the same to be made in four years according to the said Articles thereof read.

And then were the said Committees appointed and authorized by this House to signify the said resolution of this House unto their Lordships in the Afternoon of this present day accordingly, and to be reported unto their said Lordships by Sir Robert Cecill, for that M^r Vice-Chamberlain was then at that very instant very sharply grieved and pained with his infirmity of the Gout.

On Friday the 9^th day of March the Bill concerning Woollen-Cloths called Vesses, &c. was upon the second reading committed unto Sir William Knolles, Sir John Hart, M^r Recorder of London, M^r Wroth and others, who were appointed to meet upon Tuesday next at two of the Clock in the Afternoon in the Exchequer Chamber.

Sir John Harrington and Sir Thomas Wilkes are added to the former Committees in the Bill for Confirmation of Assurances unto certain Purchasors of Lands sold by Sir Richard Knightley K^r, M^r Valentine Knightley and M^r Edward Knightley Esquires, appointed yesterday.

The Committees in the Bill touching Recusants nominated on Wednesday the 28^th day of February foregoing, are appointed to meet in this House at two of the Clock this Afternoon.

The Committees in the Bill also for Naturalizing p. 496of Samuel Saltingstall and others nominated on Monday the sixth day of this instant March soregoing, are appointed to meet to Morrow at two of the Clock in the Afternoon in the Middle-Temple Hall. The Bill concerning Spinners and Weavers was read the first time.

The Bill for the Confirmation of the Joynture of the Lady Margaret Countess of Cumberland is deferred till to Morrow, to be further dealt in.

Sir Robert Cecill reporteth at large the Message of this House yesterday by him and the residue of the Committees of this House delivered unto their Lordships, and their Lordships good acceptation of the same. Which done, after sundry other speeches of divers Members of this House, it was resolved upon the Question, that the former Committees of this House for the Subsidy (their names being then read by the Clerk of this House) should meet in this House at two of the Clock in the Afternoon of this present day, for the setting down of Articles for the drawing of the Bill for the granting of the Subsidies and six Fifteenths and Tenths to be paid in four years according to the former resolution of this House therein.

The Bill against springing Uses and Perpetuities was upon the second reading committed unto all the Privy Council being of this House, all the Knights of the Shires returned unto this House, M^r Cradock and others, who were appointed to meet in this House, upon Tuesday, at two of the Clock in the Afternoon.

Richard Hutton Gentleman, one of the Burgesses returned for the Borough of Southwark in the County of Surrey, is upon a Motion made by M^r Recorder of London, and also after some Report made by M^r Speaker of the opinion and pleasure of the Lord Keeper in that Case, adjudged upon the question to be a Member of the House; and thereupon the Oath being taken by him before M^r Chancellor of the Exchequer, the said Richard Hutton came into this House, and took his place in the same accordingly.

Sir John Hart; one of the Knights returned for the City of London, putting the House in remembrance once of a Report lately made by some of the Committees of this House touching a Speech lately delivered by some of the Committees of the Lords touching the late Assessment of the late double Subsidy (amongst others) in the City of London, alledging that in London there was none Assessed at above two hundred pounds, and not past four such, nor yet past eight at one hundred pounds, shewed, that the Honorable person that delivered the said Speech to the said Committees of this House had not been rightly informed in that matter. And shewed further, that in very deed at the last Assessment of the Subsidy within the said City of London there were two and thirty persons taxed at two hundred pounds and upwards, whereof some at two hundred and twenty, and some at two hundred and fifty pounds. And one hundred forty and eight persons at one hundred pounds and upward, whereof some at one hundred and ten, some at one hundred and twenty, some at one hundred and forty, some at one hundred and fifty, some at one hundred and sixty, and some at one hundred and eighty pounds. And eighty persons at three hundred pounds, and some at three hundred and fifty pounds, and four persons at four hundred pounds. Besides sive hundred forty and four persons at fifty pounds and upwards, whereof some at sixty, some at seventy, some at eighty, and some at ninety pounds.

The Bill concerning the lawful deprivation of Edward Bonner late Bishop of London, was upon the second reading committed unto M^r Hubbert, M^r Heale, Sir Henry Knivet, M^r Wroth and others, who were appointed to meet in this House upon Monday next at two of the Clock in the Afternoon.

On Saturday the 10^th day of March, M^r Wroth one of the Committees in the Bill against the stealing of Oxen, Sheep and Lambs, shewed, that he and the residue of the Committees in the same Bill have met together, and added some amendments to the same Bill; and offereth 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 M^r Tasborough, M^r Recorder of London, M^r Wroth and others, and the Bill was delivered to M^r Tasborough, who with the rest was appointed to meet this day at two of the Clock in the Afternoon in the Middle-Temple Hall.

Three Bills of no great moment had each of them one reading; of which the last being the Bill for Confirmation of Letters Patents unto the Mayor, Sheriff, Citizens and Commonalty of the City of Lincoln, was upon the second reading committed unto Sir Francis Hastings, M^r Recorder of London and others, who were appointed to meet upon Monday next at two of the Clock in the Afternoon in the Exchequer-Chamber.

Mr. Chancellour of the Exchequer reporteth the travel of himself and the residue of the Committees for setting down of Articles for the Subsidy, and shewed, that they have drawn the said Articles, and offereth the same to the House to be read. Which being then read by the Clerk of the House, and in some part thereof reformed by the assent of the whole House, (to wit in that Article which concerned the priviledge of the Cinque-Ports, and that Article also which concerned such persons as in regard of having several habitations should be Assessed in the said Subsidies in several places) upon the doubtfulness of the voices to the question twice propounded, Whether the strangers resident in the Cinque-Ports shall be charged with the payment of the said Subsidies or not, it was upon the division of the House adjudged, that they p. 497shall not be charged with the said payments, by the difference of thirty persons, viz. with the Yea a hundred and eighteen, and with the No a hundred forty eight, in all two hundred sixty six.

And afterwards it was Ordered, that the said Articles should be delivered to the former Committees for the Preamble to prepare the same: And also the said Rates according to the said Articles to be set down in the Bill.

Nota, That after this business touching the Cinque-Ports there followeth a Motion made by M^r Wroth touching some Members of the House who had been Imprisoned in the beginning of this Parliament, of which see on Sunday the 25^th day of February foregoing, which remaineth very legible in the Original Journal-Book of the House of Commons, although it be crossed out. The reason of which said crossing out is very hard to conjecture, in regard that the said Motion was doubtless made this Morning, as doth plainly appear also by the often before-cited Anonymous Journal more particularly mentioned at the beginning of this present Journal, out of which it is supplied in manner and form following.

M^r Wroth made a Motion, that in respect that some Countries might complain of the Tax of these many Subsidies, their Knights and Burgesses never consenting unto them nor being present at the grant: And because an Instrument, taking away some of its strings, cannot give its pleasant sound: Therefore desired that we might be humble and earnest Suitors to her Majesty, that she would be pleased to set at liberty those Members of the House that were restrained.

To this was Answered by all the Privy Councellors, that her Majesty had Committed them for Causes best known to her self, and for us to press her Majesty with this Suit, we should but hinder them whose good we seek. And it is not to be doubted but her Majesty of her gracious disposition will shortly of her self yield to them that which we would ask for them, and it will like her better to have it left unto her self than sought by us.

Thus far out of the said Anonymous Journal, and the residue of this days Passages do follow out of the Original Journal-Book it self.

Three Bills of no great moment had each of them one reading; of which the last being against Counterfeiting of Councellors or Principal Officers hands was upon the second reading committed unto Sir John Wolley, Sir Walter Raleigh, M^r George Moore and others, who were appointed to meet upon Tuesday next at two of the Clock in the Afternoon in the Middle-Temple Hall.

Sir Walter Harecourt K^t, one of the Knights for the County of Suffolk, in regard of the present extremity of his Wifes Sickness is licensed by M^r Speaker to depart home into his Country.

James Goodwyn Gent', one of the Burgesses returned for the City of Wells in the County of Somerset is for his necessary businesses licensed by Mr. Speaker to depart home.

It should seem by these two words, viz. Non sol. set in the Margent over against the names of these two last mentioned members of the House, that the said Members did not leave any money with the Serjeant of the House to be distributed amongst the poor, at their departure. Which I conceive is here noted, because two others that departed at this time also into the Country upon like occasions, did either of them leave money with the said Serjeant to be so distributed, as now immediately followeth.

Giles Hutchins Gent' returned a Citizen into this present Parliament for the City of New Sar. is licensed by Mr. Speaker to depart upon his necessary occasion by reason of the extream Sickness of Mr. William Blaker; and the said Mr. Hutchins left with the Serjeant of this House two shillings and four pence to be distributed amongst the poor.

John Cotten Esquire, one of the Knights returned into this present Parliament for the County of Cambridge, is in respect of the present Sickness of Sir John Cotten Knight, Father of the said John Cotten Esquire, licensed to depart into his Country for this time. And the said Mr. Cotten left with the said Serjeant twelve pence to be given to the poor.

On Monday the 12^th day of March, Mr. Lewes, one of the Committees in the Bill concerning salted Fish and salted Herrings shewed, that he and the residue of the Committees have taken pains in consideration of the said Bill, and have added a Proviso to the said Bill, and prayeth the twice reading of the same Proviso, and that then the same Proviso and Bill may be Ordered to be ingrossed. Whereupon the same Proviso being twice read, the said Bill and Proviso after some Speeches both against and with them, were upon the question referred to the former Committees, who were appointed on Monday the 5^th day of this instant March foregoing, to be considered of in the Afternoon of this present day in the Exchequer Chamber.

The Bills committed for confirmation of Letters Patents to the Mayors, Sheriffs, Citizens and Commonalty of Lincoln, and concerning the lawful deprivation of Edward Bonner late Bishop of London, are delivered to Sir Edward Dymock one of the Committees in the same.

The Bill for reducing of disloyal Subjects to their due Obedience was brought in by the Committees, and also a new Bill made for that purpose; with prayer that the same Bill may be read.

But what those alterations were upon which the old Bill was rejected and a new Bill framed, are not set down in the Original Journal-Book it self; and therefore because it is a matter of no small consequence, and may also be of some use, I have inserted the particulars thereof out of the aforesaid Anonymous Journal, more particularly p. 498mentioned at the beginning of this present Journal, which are there set down in manner and form following.