The Journals of Parliaments, Journal 26 (1 of 2)
THE JOURNAL OF THE House of COMMONS.
A Journal of the Passages of the House of Commons in the Parliament holden at Westminster, Anno 43 Reginae Eliz. Anno Domini 1601. which began there on Tuesday the 27th Day of October, and then and there continued until the Dissolution thereof, on Saturday the 19th Day of December ensuing, Anno 44 Reginae ejusdem.
THIS large and copious Journal containeth in it not only a number of excellent Passages concerning the Orders and Priviledge of the House of Commons, which are usually found in other Journals of the same House; but also much matter touching the publick State, and that great grievance of the Realm by reason of Patents of Priviledge or Monopolies, in the abdication or censure of which her Majesty most graciously concurr'd with her Subjects: In which also a great number of Speeches and other Passages which were not found in the Original Journal-Book of the said House, are supplied out of a Journal of the same House taken at this Parliament by one of the Members thereof. But yet to avoid confusion, whatsoever is here inserted out of the said private Journal, is particularly distinguished from that which is taken out of the above-mentioned Original Journal-Book of the House of Commons, by some Animadversion or expression thereof both before and after the inserting of it.
The tenth Parliament of our Sovereign Lady Elizabeth by the Grace of God of England, France and Ireland Queen, Defender of the Faith, &c. begun at Westminster upon Tuesday being the 27th day of October in the forty third year of her Majesties Reign, upon which day many of the Knights for the Shires, Citizens for Cities, Burgesses for Boroughs, and Barons for Ports returned into the same Parliament did make their appearance at Westminster aforesaid before the Right Honourable the Earl of Nottingham Lord Admiral and Lord Steward of her Highnesses most Honourable Houshold, and did then and there take the Oath according to the Statute in that behalf made and provided, tendred by the said Earl, or by his Deputies, who were Sir William Knolls Comptroller of her Majesties Houshold, Sir John Stanhop her Highness Vice-Chamberlain, Sir Robert Cecill Principal Secretary, and John Herbert Esq second Secretary. After which all the said Lord Steward's Deputies and some others of the House of Commons having gotten into the Upper House, and her Majesty with divers of the Lords Spiritual and Temporal being set, the greatest part of the residue of the Members of the said House of Commons had notice thereof about four of the Clock in the Afternoon, being at that time still suting in the said House and expecting her Majesties Pleasure to be sent for up unto the said Upper House according to the antient usage and custom of former Parliaments; And thereupon the said residue repaired immediately unto the Door of the said House, but could not be let in, the Door being still kept shut, and so returned back again unto their own House much discontented. Shortly after which time the Right Honourable Sir William Knolls, one of the Deputies aforesaid, came down into the said House of Commons, and so being there set with the said residue for some little space of time, Mr Richard Lieffe, one of the Barons returned into this present Parliament for the Port of Hastings in the County of Sussex, stood up, and shewing unto the said Comptroller the wrong done unto the greatest part of the Members of this House, in their not being suffered to come into the said Upper House to hear her Majesties Pleasure signified by the Mouth of the Lord Keeper of the Great Seal of England, humbly desired the said Comptroller to be a means, that the effect thereof might be imparted unto some of the Members of this House for their better satisfactions. Which as his Honour did think very reasonable and meet to be done at convenient time, so did he impute the said fault wholly to the Gentleman-Usher of the said Upper House. Which done, and the residue of the said Deputies being shortly after come into the said House of Commons, and there sitting, the said Mr Comptroller after some pause stood up, and shewing unto this House that his place was to break the silence of this House for that time, and putting the House in mind to make Choice of a Speaker according to her Majesties Pleasure given unto them in that behalf, shewed that in his opinion he thinketh Mr John Crooke, Recorder of London, returned one of the Knights for the City of London into this present Parliament, to be a very fit, able and sufficient Man to supply the whole Charge of the said Office of Speaker, being a Gentleman very Religious, very Judicious, of a good Conscience, and well furnished with all other good parts; yet leaveth nevertheless the further consideration thereof to this House; and so did sit again. Which done, and no one contrary Voice at all being delivered, the said Mr Crooke after some large Pause first taken stood up, and very Learnedly and Eloquently endeavoured to disable himself at large, for the burthen of that charge, alledging his great defects both of Nature and of Art fit to supply that place, and shewing all full Complements for the same to abound in many other Learned and grave Members of this House; in the end prayed most humbly that they would accept of his due excuse, and be pleased to proceed to a new Election; and did then sit down again. Whereupon the said Mr Comptroller did stand up, and said, that hearing no negative Voice he took it for a due Election, and demanding the further opinion of this House therein, they all Answered Yea, and gave their Assents. Whereupon the said Mr Comptroller and the Right Honourable Sir John Stanhop her Majesties Vice-Chamberlain immediately went to the said Mr John Crooke, and did set him in the Chair; which done, the said Mr Crooke after some little pause did stand up, and yielding unto this whole House most humble thanks for their great good opinion of him and loving favour towards him; and praying them to accept of his willing mind and readiness, and to bear with his unableness and wants in the service of this House, referr'd himself to their good favours. And then the said Mr Comptroller signified further unto this House, that her Majesties Pleasure was, that the Members of this House having made choice of their Speaker should present him unto her Highness upon Friday next following in the Afternoon. And so then every man departed and went his way.
On Friday the 30th day of October about one of the Clock in the Afternoon the Knights, Citizens and Burgesses of the House of Commons with John Crooke Esq Recorder of London, their Speaker Elect, Assembled together in their own House, and having stayed there a good while silent, and attending her Majesties Pleasure to be sent for to the Upper House, and hearing nothing thereof, they did at length depart out of their own House and went of themselves towards the said Upper House there to be more near and ready to come before her Highness at such time as she should be pleased to send for them, which she did accordingly after they had waited at the said Upper House Door about half an hour; where the Speaker aforesaid being presented unto her Majesty, was, notwithstanding his excuse made according to the usual form to the contrary, approved and allowed by her. And upon her said Majesties granting of such Petitions of course as the said Speaker did lastly make in the name of the House of Commons, touching liberty of Speech, free access to her Majesty, and freedom from Arrests and Suits, he with the rest of the said Commons House returned back to their own House, the Serjeant of the said House carrying the Mace before the said Speaker into the said House.
Where the said Speaker after some good pause of time did signify unto the Members of the said House (being most of them set in their several places) that her Majesties pleasure delivered by the Lord Keeper was, that this Parliament should be a short Parliament; And therefore she willed that the Members of this House should not spend the time in frivolous, vain and unnecessary Motions and Arguments, but only should bend all their best endeavours and travails wholly in the devising and making of the most necessary and wholsome Laws for the good and benefit of the Common-Wealth and the Realm. And further shewed, that her Highness did purpose that the Members of this House should have convenient scope of time to repair home into their Countries before Christmas for her Majesties better Service in their Countries; And declared withal, that in regard of some matters of great importance her Highness had Adjourned this Court till Thursday next at nine of the Clock in the Forenoon. Which done, the Members of this House did forthwith rise and depart without reading any Bill at all, by reason of the Adjournment, taking the same to extend as well to this House as to the said Upper House; but were mistaken, as upon the next Morning further afterwards appeared upon advertisement of the said Lord Keeper to Mr. Speaker, that the said Adjournment did only tend to the said Upper House, and not to this House.
Nota, that in the last foregoing Parliament de Anno 39 & 40. Reginae Eliz. Anno Domini 1597. The House of Commons upon a like mistake, which happened chiefly through the negligence of Christopher Yelverton Serjeant at Law their Speaker at that time, was Adjourned, upon Thursday the 27th day of October unto Saturday following being the 5th day of November in Anno praedicto, where this said matter was fully handled by a large Animadversion upon it, ut vide ibidem.
Nota also, That the passages of these two foregoing days are more orderly and copiously set down in the Original Journal-Book of the House of Commons than usual, and are therefore wholly inserted out of it, with the addition and alteration only of some few matters of course.
On Saturday the 31th day of October Mr Francis Bacon, returned into this present Parliament one of the Burgesses for the Borough of Ipswich in the County of Suffolk, and also for the Borough of St. Albans in the County of Hartford, shewed unto this House that he maketh choice to stand for the said Borough of Ipswich. Whereupon it was Ordered by this House, that a Warrant be made to the Clerk of the Crown-Office in the Chancery for the awarding of a new Writ for returning of another Burgess for the said Borough of St Albans in lieu and stead of the said Mr Francis Bacon.
Mr George Goring, one of the Burgesses for the Borough of Lewes in the County of Sussex, shewed on the behalf of Mr Goddard Pemberton returned into this present Parliament a Burgess for the sasd Borough of Lewes, and also for the Borough of Peterborough in the County of Northampton, that the said Mr. Pemberton maketh choice to stand for the said Borough of Peterborough: It is thereupon Ordered by this House that a Warrant be made to the Clerk of the Crown-Office in the Chancery for the awarding of a new Writ for the Chusing and returning of another Burgess for the said Borough of Lewes in lieu and stead of the said Mr Goddard Pemberton.
A Committee was appointed to travel in the Examination of such Returns and matters of priviledge as shall happen questionable in this House during this present Sessions of Parliament, and to report their Proceedings therein unto this House from time to time for the further resolution of this House to be had in the same accordingly, viz. All the Privy-Council being Members of this House, Mr Thomas Knivet, Mr Attornies of the Dutchy and Court of Wards, Sir Francis Hastings, Sir Robert Wroth, Mr Michael Stanhop, Mr Francis Bacon, Sir Edward Hobbie, Mr Sollicitor, Mr George Moore, Mr Peake, Mr Serjeant Heyle, Mr Leife, Mr Jerom Horsey, Mr Henry Hubberd, Sir Walter Raleigh, Sir Robert Knolls, Sir Edward Stafford, Mr Henry Maynard, Mr Snigg, Mr Oldworth, Mr Boyse, Mr Wiseman, Mr Lake, Mr John Hare, Mr Serjeant Harris, Sir Richard Knightley, Mr Francis Fortescue, Mr. Robert Wingfield and Mr. William Coke, who were appointed to meet upon Thursday next in the Afternoon in the Court of Wards; And the Note of the Committees names was delivered to Sir Edward Hobbie.
The Bill for the strengthening of certain Grants made for the maintenance and Government of certain Hospitals in London, was read the first time.
The Bill also against excessive and common Drunkenness had its first reading.
On Monday the second day of November, Two Bills had each of them one reading; of which the second being the Bill to preserve the Breed of Horses, and to avoid the common stealing of them, was read the first time. After which divers Speeches were made, which are transcribed out of the abovesaid private Journal.
Sir Edward Hobbie made a Speech for the abridging of Penal Laws, which he said were like Thorns that did prick, but did yield no Fruit; And that they being not looked unto, it bred in us an alteration in manners: And therefore the Proverb must needs be fulfilled Morum mutatio mutationem legum requirit. Times are not as they have been, and therefore the necessity of time makes a necessity of alteration of Laws, with many other circumstances touching the shortness of Statutes, and commending the proceeding of former ages, he concluded with a desire of a Committee.
Which Speech was seconded by Mr Serjeant Harris, who said that in the 27th year of the Queen the like Motion had been made, and that then by reason of the shortness of the time and suddain ending of the Parliament, nothing was done therein: Notwithstanding he said, that now this motion being so happily made, and that then by reason of the shortness of the time nothing was done, he thought it fit for a Committee.
He was seconded again by Mr Wiseman of Lincolns-Inn, who was of the same mind, and said, That divers particular Laws of his knowledge were now both needless to be performed, as also dangerous to the Subject by reason of the Penalties. Whereupon the House agreed that the said Bill should be committed, and Committees were nominated (which are inserted out of the Orinal Journal-Book it self) viz. All the Privy Council being Members of this House, Mr Dr Caesar, Master of Requests, Sir Edward Hobbie, Mr Wiseman, Mr Dr Crompton, Mr Dr Perkins, Mr Dr Dunn, the Knights and Citizens for London, the Knights and Citizens for Norwich, Sir Walter Raleigh, Mr Tanfield, Mr Francis Bacon, Mr Robert Wingfield, Sir Robert Wroth, Sir George Moore, Sir Moile Finch, Sir John Harrington, Sir Thomas Leighton, Mr Snigg, Mr Phillipps, Mr Winch, Mr. Tho. Culpepper, Mr. Hide, Mr. Oldsworth, Mr. Maynard, the Lord Howard, Sir Richard Knightley, Sir Robert Carey, the Lord Clinton, Mr. Dale, Mr. William Lane, Mr. Michael Stanhop, Mr. Warcop, Sir Henry Nevil, Sir Arthur George, Sir Edward Hungerford, Sir William Strowde, Sir William Courtney, Mr. John Egerton, Mr. Dr. James, Sir Crew Rawleigh, Mr. Boyse, Sir Henry Brunker and Sir Thomas Gerrard, who were appointed to meet in the Exchequer Chamber upon Friday next in the Afternoon.
The Bill for the explanation of such Statutes as touch Leases to be made by Archbishops and Bishops, was read the first time.
Monition was this day given by Mr. Speaker unto the Members of this House; that they would forbear from henceforth to come into this House with their Spurs on, in regard it is very offensive to many others of the residue of them. Thus far out of the Original Book it self.
Others also (although nothing were done therein) moved to have Boots and Rapiers taken away, as is set down in the above mentioned private Journal.
On Tuesday the 3d day of November, Upon a Motion made by Mr. Speaker on the behalf of Mr. Fulk Onslow the Clerk of this House, for that it hath pleased God to visit him with an Ague, That it would please this House to vouchsafe their allowance unto Cadwallader Tydder his Servant to execute the place in his absence as Deputy unto the said Mr. Onslow, until it shall please God to restore him to health. Which was willingly assented unto by the whole House, and by Order of the whole House the said Tydder took the Oath of Supremacy.
Nota, That there was a like precedent in the second meeting of the Parliament (after an Adjournment thereof) in Anno 28 & 29. Regin. Eliz. An. Dom. 1586. when upon the like Motion of the Speaker on Wednesday the 15th day of February, William Onslow kinsman of the said Mr. Fulk Onslow, being at that time a Member of the House of Commons, was during his sickness allowed by the said House to exercise and supply the place of Clerk thereof as at this present time Cadwallader Tydder servant to the said Mr. Fulk Onslow was licensed to supply the same.
Six Bills of no great moment had each of them one reading; of which the last being the Bill for the better preserving the breed of Horses, and to avoid the common stealing of them, was upon the second reading committed unto Sir Edward Hobbie, Sir Robert Wroth, Mr. Walter Cope, Mr. Fulk Grevil, Mr. Hide and others, who were appointed to meet on Monday next in the Exchequer Chamber at two of the Clock in the Afternoon; And the Bill and Committees names were delivered to Sir Robert Wroth.
The Bill to reform the Abuses in Inns, Victualling-Houses, &c. was read the second time, and being put to the question for committing, was upon the question refused to be committed.
Upon a Motion made by Mr. Leife, that whereas many Members of this House, which could not come to the Upper House upon the first day of this Parliament (the Door being kept shut) to hear her Majesties pleasure signified by the Mouth of the Lord Keeper, of the Causes of her Majesties calling of this Parliament, they might in some sort be satisfied of the same, He putteth Mr. Comptroller in mind of his Honours promise to relate the same unto them. Who thereupon desired Mr. Secretary Cecil (because he the said Mr. Comptroller was not there himself) to make the same relation; which the said Mr. Secretary doing at large, The chief intent and scope thereof appeared to aim at the setting forth of two things especially, the First the Danger the Kingdom stood in, in respect of the power and malice of the Spaniard: the Second that timely provision of Treasure might be made for the prevention. Thus far out of the Original Journal-Book it self. Mr Secretary Cecil's Speech, which followeth, being spoken after that he had repeated the Lord Keepers Speech, is inserted out of the beforecited private Journal of the House, in manner and form following.
For my own advice touching the particular Counsels of this House, I wish that we would not trouble our selves with any fantastick speeches or idle Bills, but rather such as be for the general good, both light in conception, and facile in execution. Now seeing it hath pleased you all hitherto with patience to hear me, if with your favour I may particularize and show the grounds of the former delivered Speech touching the State of Ireland, I shall be very glad both for my own discharge and for your satisfaction. The King of Spain having quit himself of France by a base and servile Peace, forgetteth not to follow the Objects of his Fathers Ambition, England and the Low-Countries. He hath made Overtures of Peace, which if they might both be honourable and for the publick good, I hold him neither a wise nor an honest man would impugn them. He hath put an Army into Ireland, the number Four thousand Souldiers, under the conduct of a valiant, expert and hardy Captain; who chooseth rather than return into his own Country without any famous enterprize, to live and dy in this service. These Four thousand are three parts Natural Spaniards, and of his best expert Souldiers, except them of the Low-Countries: Those he could not spare, because of his enterprize of Ostend. And how dangerous the loss of that Town would be to this Land, I think there is no man of experience but can witness with me; For he would easily be Master of all that Coast, so that the Trade betwen England and the Low-Countries would be quite dissolved; Yea he would be so dangerous a Neighbour to us, that we which are now Tenants by discretion are likely shortly to be Tenants by the Courtesy. When he is our Neighbour of the Low-Countries, what Neighbour hath Spain to whom he shall not be troublesome.