The Journals of Parliaments, Journal 8 (1 of 3)

The Journals of Parliaments · Journal 8 (1 of 3)

p. 155THE JOURNAL OF THE House of COMMONS.

A Journal of the Proceedings of the House of Commons, in the Parliament bolden at Westminster, An. 13 Reg. Eliz. A. D. 1571, which began there on Monday the 2^d day of April, and then and there continued until the Dissolution thereof on Tuesday the 29^th day of May ensuing.

THIS present Journal of the House of Commons de an. 13 Regin. Eliz. is not only plentifully stored with all usual Passages touching the Orders and Priviledges of the House, but is most worthy to be had in Eternal Remembrance, in respect of the long agitation and judicious debatement of matters of Religion, and Ecclesiastical Government: for the Reformation of which, the said House did express a great deal of earnest zeal and care, although all in the issue came to nothing, out of that old Principle inculcated into her Majesty by some politick Head, and misapplyed by her; viz. that nothing must be innovated in matters of Religion. All which matters, with those also less extraordinary, are more largely set down in the Original Journal-Book of the House of Commons, than was usual in the former Journals of her Majesties Reign, by reason that Fulk Onslow Esq, did, as may be guessed, succeed in the place of Clerk of the said House, unto ..... Seymour. Esq, somewhat before the beginning of this Parliament. Which said Journal is also much perfected out of an imperfect Journal of the same House I had by me, taken by some Anonymous Member of the said House, at this Parliament; in which, to avoid confusion, whatsoever is here inserted out of the said imperfect Journal, is distinguished by some Animadversion.

The third Parliament of Queen Elizabeth held in the Thirteenth Year of her Majesties most happy and prosperous Reign, begun at the City of Westminster, upon Monday the second day of April, and during the time that her Majesty was at the Sermon at Westminster Church, whither she had repaired about ten of the Clock in the Forenoon of the said Monday, the Lord Clinton High Admiral of England, accompanied with divers of her Majesties most Honourable Privy-Council; that is to say, Sir Francis Knolles K^t, Treasurer of her Highness most Honourable Houshold, Sir James Crofts K^t, Comptroller of the same, Sir Ralph Sadler K^t, Chancellor of her Majesties Dutchy of Lancaster, Sir Walter Mildmay K^t, Chancellor of her Highness Court of Exchequer, and Sir Thomas Smith Knight, repaired into the Lower House of Parliament; And there in the presence and hearing of a great number of the Knights, Citizens and Burgesses of the same Parliament Assembled, the said Lord Clinton signified, that the Queens Majesty had called and appointed him to be the Steward of her Highness most Honourable Houshold, to continue during her Majesties pleasure: which being likewise affirmed and testified by the said other of her Highness most Honourable Privy-Council, the said Lord Steward then further declared, that he did then and there name, Constitute and Authorize the said Sir Francis Knolles, Sir James Crofts, Sir Ralph Sadler, Sir Walter Mildmay, and Sir Thomas Smith Knights, to be his Deputies, for and in the ministring of the Oath, to all and singular the Knights of the Shires, Citizens of Cities, Burgesses of Boroughs, and Barons of the Ports, returned and to be returned for that present Parliament, according to the form of the Statute in that behalf then lately made and provided.

And immediately thereupon, the faid Lord Steward, and his Deputies, did then and there Minister the said Oath, to all such of the said Knights, Citizens, Burgesses and Barons, as were p. 156then present accordingly. Which done, the Sermon ended, and the Queens Majesty sat in her Royal Seat, in the Upper House of Parliament, the Commons standing at the lower end of the Chamber, the Lord Keeper of the Great Seal of England, learnedly and briefly declared the Causes of Calling the said Parliament; and so in the end willed them to repair into their House, and there after their accustomed manner, to chuse of themselves an apt and fit man to be their Speaker, and to present him to the Queens Majesty on the Wednesday next following in the Afternoon. Whereupon the said Commons immediately resorted to their Common House, and being there Assembled, the Right Worshipful M^r Christopher Wray Esq, one of the Queens Majesties Serjeants at Law, was by the first motion and nomination of the said M^r Treasurer, with one voice of the said whole House, Chosen to be Speaker, and placed in the Chair, notwithstanding his Allegations of disabling himself, and humble request for their proceeding to a new Election.

On Wednesday the 4^th day of April in the Afternoon, Christopher Wray Esquire, one of the Queens Majesties Serjeants at Law, the Speaker Elect of the House of Commons, was presented unto her Highness; who sitting in her Royal Seat, and allowing and affirming the Election, after his Oration made, and ordinary Petitions granted, the said Lord Keeper willed him with the residue to repair to the House of Commons, there to deliberate and consult upon the making of such good and wholesome Laws, as might tend to the advancement of Gods Glory, and preservation and safety of the Queens Majesty, and the Common-Wealth of this Realm of England. And thereupon the said M^r Speaker, and the Knights, Citizens and Burgesses of the House of Commons, returned back unto their own House; and being there sat, one Bill (according to the usual Course) had its first reading, which was

The Bill concerning coming to Church, and receiving the Communion.

It was this day finally agreed, upon the Motion of M^r Speaker, that the Letany should be read every day in the House, during this Parliament, as in the last was used; and also a Prayer by M^r Speaker, such as he should think fittest for this time, to be begun every day at half an hour after eight of the Clock in the Morning, and that each one of this House then making default should forfeit every time four pence to the poor Mans Box.

On Thursday the 5^th day of April, Thomas Clark and Anthony Bull of the Inner-Temple London Gentlemen, were by this House committed to the Serjeants Ward, until further order should be taken with them, for that they presumed to enter into this House, and were no Members of the same, as themselves at the Bar confessed.

This day the House was called, and thereupon Edward Lewkenor, John Bullock, Nicholas Plumtree, Edward Goodwyn, and John Garnons, were Commanded to attend the order of this House to Morrow next, for that the House being this day called, they had entred into the House, and had not as them been returned by the Clerk of the Crown except Garnons, whose Case is, for that he is said to be Excommunicate.

On Friday the 6^th day of April, It was Ordered that the Burgesses for Estringsted, shall remain according to the return.

This day M^r Treasurer, M^r Serjeant Manwood, Geffrie and Lovelace, M^r Feltman, M^r Bell, and M^r Mounson, were appointed to confer with M^r Attorney, and M^r Sollicitor, about the return of the Burgesses following; for that the same Towns returned no Burgesses the last Parliament, viz.

And to meet to Morrow in the Afternoon, at three of the Clock in M^r Treasurers Chamber at the Court.

Nota, That these ensuing Speeches are taken out of the before-mentioned Anonymous Journal.

M^r Strickland, a grave and ancient Man of Great Zeal, stood up, and made a long Discourse, tending to the remembrance of Gods Goodness, giving unto us the light of his Word, together with the gracious disposition of her Majesty, by whom as by his Instrument, God hath wrought so great, things, and blaming our slackness and carelesness, in not esteeming and following the time and blessing offered; but still as men not sufficiently instructed what is truth, or so that we think it not convenient to publish and profess it openly, and that all reproachful Speeches of the slanderous might be stopped, the draw-backs brought forward, and the Over-runners, such as over-run, and exceed the rule of the Law, reduced to a certainty, he thought it Operae pretium, to be occupied therein; for which purpose he said, the Professors of the Gospel in other Nations, had writ and published to the World the Confession of their Faith, as did those of Strasburgh and Franckford, &c. for which purpose also great Learned men in this Realm had travelled, as Peter Martyr, Paulus Fagius, and others, whose works hereupon were Extant.

And before this time and offer thereof was made in Parliament, that it might be approved; but either the slackness or somewhat else of some men in that time, was the lett thereof, or what else, he said, he would not say. This Book, he said, rested p. 157in the Custody of M^r Norton, as he guessed, a man neither ill disposed to Religion, nor a negligent Keeper of such matters of Charge, and thereupon requested that M^r Norton might be required to produce the same; he added also, that after so many Years, as now by Gods Providence we had been learning the purity of Gods truth, we should not permit for any cause of Policy, or other pretence, any errors in matters of Doctrine to continue amongst us. And therefore, said he, although the Book of Common-Prayer is (God be praised) drawn very near to the sincerity of the truth, yet are there some things inserted more superstitious, than in so high matters be tolerable; as namely, in the Administration of the Sacrament of Baptism, the sign of the Cross to be made with some Ceremonies, and such other Errors, all which, he said, might well be changed, without note of chopping or changing of Religion, whereby the Enemies might slander us; it being a Reformation not contrariant, but directly pursuant to our Profession, that is, to have all things brought to the purity of the Primitive Church, and institution of Christ. He spake at large of the abuses of the Church of England, and of the Churchmen; as first, that known Papists are admitted to have Ecclesiastical Government, and great Livings; that Godly, honest and Learned Protestants, have little or nothing; That Boyes are dispensed with to have spiritual Promotions; That by Friendship with the Master of the Faculties, either unable men are qualified, or some one man allowed to have too many several Livings; Finally, he concluded with Petition, that by Authority of the House, some convenient number of them might be assigned, to have Conference with the Lords of the Spiritualty, for consideration and reformation of the matters by him remembred. Vide Apr. 26. Tuesday postea.

M^r Norton, a man wise, bold and Eloquent, stood up next, and said, he was not ignorant, but had long since learned what it was to speak on a sudden, or first, before other men in Parliament. Yet being occasioned by M^r Strickland, he said, that truth it was, he had a Book tending to the same effect; but (quoth he) the Book was not drawn by those whom he named, but by vertue of the Act of 32. at the assignation, or by the Advice of eight Bishops, eight Divines, eight Civilians, and eight temporal Lawyers, who having in Charge, to make Ecclesiastical Constitutions, took in hand the same; which was drawn by that Learned man, M^r Doctor Haddon, and penned by that Learned Man M^r Cheeke; whereupon he said, that consideration had been, and some travel bestowed by M^r Fox of late, and that there was a Book newly Printed, to be offered to that House; which he did then and there, presently shew forth. And for the rest of M^r Stricklands Motions, he said he was of his mind, chiefly for the avoiding and suppressing of Simoniacal Ingrossments.

Whereupon were appointed for that purpose for redress of sundry defections in those matters, these following; viz. All the Privy-Council being Members of this House, Sir Henry Nevill, Sir Thomas Thinne, Sir Thomas Lucy, Sir Henry Gate, the Master of the Requests, M^r Heneage, M^r Recorder, M^r Bell, M^r Henry Knolles Sen., M^r Mounson, M^r Norton, M^r Strickland, M^r Godier, M^r William More, and M^r Doctor Berkley.

These names being thus transcribed out of the Original Journal-Book of the House of Commons, as were those two foregoing Speeches of M^r Strickland, and M^r Norton, out of that beforecited Anonymous Journal of the same House, more particularly mentioned at the beginning of this present Journal, now follow other passages of this day out of the same.

The Bill concerning coming to the Church, and receiving the Communion, was read the second time; and thereupon Sir Thomas Smith speaking for the maintenance thereof, argued; and in part wished the Bishops to have consideration thereof.

After whom M^r Fleetwood moved, that the penalty of that Statute should not go to Promoters, and said it was a device but of late brought in, in the time of King Henry the Eighth, the first year of his Reign, and shewed the Evils and inconveniences that did grow by these mens doings; wherein no reformation was sought, but private gain to the most of men. He said also, that matter of going to the Church, or for the service of God, did directly appertain to that Court; and that we all have as well learned this Lesson, that there is a God, who is to be served, as have the Bishops. And thereupon he undertook to prove by the old Laws, vouched from King Edgar, that the Princes in their Parliaments have made Ecclesiastical Constitutions: as these; That if any Servant shall work upon the Sabbath day by the Commandment of his Master, he should be free; if of himself, he should be whipped; if a Freeman should work, he should be bound, or grievously amerced. Then he concluded upon request, that it might be committed to some of the House, without the Bishops, who perhaps would be slow.

Sir Owen Hopton moved very orderly, that the Presentation of such defaults should not only depend upon the relation of the Church Wardens, who being for the most part simple, and mean men, and fearing to offend, would rather incur danger of Perjury, than displease some of their Neighbours; he shewed for proof, Experience.

It may be gathered by these foregoing Speeches transcribed out of that Anonymous Journal, more particularly mentioned at the beginning of this present Journal, that M^r Fleetwood moved to have this Bill referred to Committees; but their names being there omitted, are therefore wholly transcribed out of the Original Journal-Book of the House of Commons, in manner and form following; viz.

Sir Thomas Smith, Sir Owen Hopton, Sir Thomas p. 158Scot, the Masters of the Requests, M^r Serjeant Manwood, M^r Serjeant Geoffry, M^r Fleetwood and M^r Sands, who were appointed to meet in the Star-Chamber, at two of the Clock in the Afternoon.

The Bill for preservation of Woods, was read the first time.

On Saturday the 7^th day of April, the Bill concerning Religion was read, and the first of the said Bills was delivered to the Commissioners, and the residue read, and appointed to remain in the House, and this not to stand for any reading. Vide what Bills these were, on Tuesday May the 17^th ensuing.

It should seem that the first of these Bills here mentioned, is that which is stiled the Bill A, and the other Bills those which were then also offered to the House, and thereupon referred to certain select Committees, to be considered of, before they were suffered to be read in the House; which being admitted of this day, was not allowed by the House for any reading, but only, as may very well be gathered, for the said House it self to consider of them, before they were further entertained.

But there can be no absolute certainty set down hereof, in respect that through the negligence of Fulk Onslow Esq at this time Clerk of the House of Commons, it is so confusedly or briefly set down; although in the general it is very probable, that this proceeding in Ecclesiastical matters with so much caution and deliberation, was because they desired to give no occasion of distaste to her Majesty: who ever, for the most part, shewed her self very averse to their intermedling with any thing concerning Church matters. Now follow other of this days passages, out of the before-cited Anonymous Journal, more particularly mentioned at the beginning of this present Journal; but it is fully discovered what these Bills were, on May the 17^th Thursday ensuing.

M^r Strickland first moved, that M^r Norton might be required to deliver such Books, as he had. M^r Newdigate moved, that where one of the causes for the Calling of the Parliament, and perhaps the chiefest, was for a Subsidy, he thought it not amiss to make offer of a Subsidy, before it should be required, which Speech was not liked of by the House.

Sir Francis Knolles made a long needless discourse concerning the Subsidy.

M^r Bell said, that a Subsidy was by every good Subject to be yielded unto; but for that the People were galled by two means, it would hardly be levied; namely, by Licences and the abuse of Promoters; for which, if remedy were provided, then would the Subsidy be paid willingly; which he proved, for that by Licences a few only were enriched, and the multitude impoverished; and added, that if a burden should be laid on the back of the Commons, and no redress of the common evils, then there might happily ensue, that they would lay down the burden in the midst of the way, and turn to the contrary of their Duty.

M^r Popham affirmed M^r Bells Speech, and added to the former abuses, that of the Treasurers of the Crown; who having in their hands great Masses of Money, with the which either they themselves, or some Friends of theirs, do purchase Lands to their own use, and after become Bankrupts, and so cause or practise an enstalment of their Debts, as of late some one hath installed a Debt of thirty thousand pounds: which occasioned the lack in the Princes Coffers.

M^r Serjeant Lovelace argued, that every Loyal Subject ought to yield to the relief of the Prince, and that without any condition or limitation; notwithstanding he did not dislike of the former motions; and thought it very requisite, that these evils might be provided for, to the ends aforesaid; unto the which he added three abuses more; first, the abuse of Purveyors, wherein he had to desire the Council; and the Masters of the Houshold, to consider of it, and to be willing to yield to Reformation; and, in his Opinion, it should not be amiss to take away the Purveyors, and to limit every Country to a proportionable rate; so should her Majesty be better served, and the Kingdom eased. Secondly, The Reformation of the Exchequer, for the Charge which groweth by respite of Homage; which he wished might be paid on some other sort, in a sum certain. Thirdly, Another Reformation which is upon a great abuse in the Exchequer, by sending out upon every Fine levied, the Writ Quo titulo ingressus est.

M^r Comptroller in few words said, that he being one of the Masters of the Houshold, would do his endeavour for Reformation of all things arising by the Purveyors.

M^r Sampoole sometimes of Lincolns-Inn, liked well of the Motion of the Subsidy, and commended the Motions of the Gentlemen before; affirming, that they were very necessary to be thought of; unto which he was to add one more; viz. the abuse of Collectors. He shewed, that they do retain their Charge sometimes a Year, sometimes more in their own hands. And for that they are but mean men, appointed to that Office, they oft times convert it to their own uses, and are perhaps never able to satisfie the same; whereby the people are unwilling to pay; for if they should understand her Majesty should have it presently, they would more willingly pay it; and therefore wished the better sort of every Country should be assigned to that charge.

M^r Goodier said, that every man ought to yield to the Subsidy, and rather offer it, than to stay till it should be demanded; desiring, that the Subsidy might presently, and only go forward, without the hearing of any more complaints: for that they might be Infinite, and already more were remembred, than in one Parliament could be reformed. Wherein he shewed a great desire he had to win favour.

p. 159In the conclusion of these aforesaid Speeches, transcribed out of that often before-cited Anonymous Journal, more particularly mentioned at the beginning of this present Journal; it should seem that a Committee was appointed to consider of the proportion, and time of yielding some relief unto her Majesty; whose names being set down in the Original Journal-Book of the House of Commons, are thence transcribed at large in manner and form following.

All the Privy-Council Members of this House, the Master of the Rolls, Sir John White, Sir William Dormer, Sir Christopher Heydon, M^r Heneage, Sir Robert Lane, Sir Henry Norrice, Sir George Blunt, Sir Henry Weston, Sir George Bowes, Sir William Pawlet, M^r Edgecomb, M^r Edward Stanhop, M^r John Mersh, M^r Robert Newdigate, M^r Serjeant Lovelace, M^r Saintpool, M^r Thomas Snagge, M^r Hall, M^r Hasset, M^r Grasior, M^r Sands, M^r Alford, M^r Basset, M^r Warncomb, M^r George Forrors, M^r Amise Pawlet, M^r Hatfield, M^r Greithfield, M^r Bounton, M^r Bellingham, to meet in the Star-Chamber on Monday next, at two of the Clock in the Afternoon.

At the same time also another Committee was nominated, to consider of those griefs and Petitions, which had been touched and mentioned in the former dispute; whose names being likewise found in the aforesaid Original Journal-Book of the House of Commons, are thence transcribed in manner and form following.

For Motions of Griefs and Petitions were appointed Sir Owen Hopton, Sir Thomas Scot, Sir William Buts, M^r Manwood, M^r Bell, M^r Popham, M^r Fleetwood, M^r Mounson, M^r Mohun, M^r Grimston, M^r Mersh and M^r Winchcomb, to meet in the Temple Church on Monday next, at two of the Clock in the Afternoon.

Upon a Motion by the Committees for matters of Religion (whose names see on Friday the 6^th day of this instant April foregoing) It was Ordered, that M^r Grimston and M^r Strickland should move the Lords of the Clergy, to know their pleasure concerning the motions, to be to them made to Morrow in the Afternoon, in matters of Religion. Vide Apr. 26. postea & Maii 17.

M^r Mounson brought report, that M^r Attorney General prayed, that meeting may be made to Morrow in the Afternoon, at M^r Treasures Chamber, for Conference touching the validity of Burgesses.

April the 8^th Sunday.

On Monday the 9^th day of April, report was made of the validity of Burgesses, and Ordered by M^r Attorneys Assent, that the Burgesses shall remain according to the returns; for that the validity of the Charters of their Towns, is elsewhere to be Examined, if cause be.

The Bill concerning coming to the Church, and receiving of the Communion, was brought in again by Sir Thomas Smith, one of the said Committees.

The names of the Committees for the Subsidy, and for Motions and Petitions (which see on Saturday immediately foregoing) were read again, and they appointed to keep their former hour of meeting.

For that Sir Henry Perry Knight, being returned Knight for the Shire of Cumberland, and likewise of Northumberland, hath chosen to appear for Northumberland; it was Ordered, that a new Writ shall go out to chuse another Knight for Cumberland.

The Bill touching certain Offences to be made Treasons, was read the first time.

M^r Norton Exhibited an Addition, which was received by the House; and after sundry Arguments, and some Motions touching the severance or uniting of the Bills, it was Ordered, that the Bill be read again upon Thursday next.

The Bill concerning coming to Church, and receiving of the Communion, was read the first time.

Sir John S^t Leger, moved the House for his Mans Priviledge, and it was committed to M^r Recorder, M^r Bedoll, and M^r Dalton, and they to meet this Afternoon at M^r Recorders, and make report to Morrow.

On Tuesday the 10^th day of April, M^r Speaker recited a Commandment from the Queens Majesty, to spend little time in Motions, and to avoid long Speeches. The reason whereof being omitted in the Original Journal-Book of the House of Commons, it is therefore supplied out of that often before-cited elaborate Journal, more particularly mentioned at the beginning of this present Journal, in manner and form following.

That this Advertisement grew of somewhat spoken by M^r Bell the 7^th day of this instant April, concerning Licences granted by her Majesty, to do certain matters contrary to the Statutes, wherein he seemed (as was said) to speak against her Prerogative: but surely so orderly did he utter what he spake, as those who were touched might be angry; but justly to blame him might not be.

This Advertisement being thus transcribed out of the aforesaid Anonymous Journal, now follows the residue of this days passages out of the Original Journal-Book of the House of Commons it self, in form following.

Sir Owen Hopton moved for the Commission of Motions and Petitions, to have the Council added unto them, and also a greater number of others; and delivered a Paper of Notes of the Motions made.

Upon a Motion made for M^r Garnons, who is reported to stand Excommunicate, it is Ordered, that he shall Answer it in the House.

Six Bills of no great moment, had each of them one reading; of which the last being the Bill touching Monasteries, was read the first time.

M^r Treasurer made report of the Committees doings for the Subsidy, whose names see on Saturday the 7^th day of this instant April foregoing, and brought in Articles, which were well liked, and thereupon the same Commissioners were appointed p. 160to proceed with the drawing of the Book.

Two Bills also had each of them their first reading, of which the first was the Bill for the validity of Burgesses not resiant.

Touching matters of Religion, M^r Mounson brought report, that the Bishops pray to have the Lords moved by this House, to assign a Committee to confer with this House. And thereupon it was Ordered presently, that the same Commissioners do immediately go to the Lords, with this Message, to know their pleasure for appointing some to confer about the Book for Doctrine.

M^r Treasurer returned report, that the Lord Keeper hath Answered, he will open it to the Lords.

Four Bills of no great moment, had each of them one reading; of which the second being the Bill for Cloth-workers, was read the first time: And the third being the Bill B. had its first reading. Vide Maii 17. postea, what Bill B. meaneth.

Sir Richard Read and M^r Doctor Yale, did bring an Answer to the Message; viz. that the Lords have appointed twenty of themselves, whereof ten of the Clergy, and ten of the Temporalty, to meet at two of the Clock this Afternoon, in the Star-Chamber. And thereupon were added by the House to the former Commissioners, the Master of the Rolls, Sir Henry Norrice, Sir William Buts, M^r Austley, M^r Serjeant Manwood, M^r Stooks, M^r Fleetwood, M^r Carleton, M^r Eglenby, M^r Yelverton, M^r Dalton, and M^r Robert Snagg, which meeting was about matters of Religion. Vide abunde Maii 17. postea.

On Wednesday the 11^th day of April, the Bill for Lestwithiell was read the first time.

M^r Fleetwood brought in a Bill against Rogues.

The Bill against fraudulent Gifts and Conveyances, was read the second time, and was delivered to certain of the House to amend presently, upon a Motion made by M^r Dalton to have it to extend to the defrauding of Heriots.

Three Bills of no great moment, had each of them one reading; of which the second being the Bill for Sewers, was read the second time, and Ordered to be ingrossed. And the Bill D. had its first reading. Vide Maii 17. post. what Bill D. meaneth.

M^r Seckford Master of the Requests, prayed longer time to consider of the Bill of fraudulent Gifts and Conveyances; and that the Committees may be Sir John White, M^r Seckford Master of the Requests, M^r Serjeant Manwood, Geoffry Loveland, M^r Mounson, M^r Bell, M^r Fleetwood, M^r Thomas Snagg, M^r Barber, and M^r Dalton, to meet to Morrow in the Afternoon in the Temple Church.

The Bill for not returning persons of the Queens Majesties Houshold on Juries, was read the first time.

The Bill for Bristol was read the second time, and Ordered to be ingrossed. Whereupon followed divers longSpeeches and Arguments touching the same Bill; which being omitted in the Original Journal-Book of the House of Commons, are here supplied out of that often before-cited Anonymous Journal of the same House, more particularly mentioned at the beginning of this present Journal, in manner and form following; viz.

M^r Comptroller first moved, that before some Committees were appointed, both parties might be heard, and the Controversy appeased.

M^r Fleetwood argued, that there might appear rashness or indiscretion in them, who should now reverse what of late they had done; but leaving to speak thereof, he entred into a good Discourse of the Prerogative, which might thereby be touched, if they should endeavour to overthrow her Majesties Letters Patents, to whom by Law there is power given to Incorporate any Town, and she is Sworn to preserve her Prerogative; he vouched the Clerk of the Parliaments Book to be, that no man might talk of the Statute of Wills, &c. but that the King first gave Licence; for that his Prerogative in the Wards was hereby touched. He shewed likewise the Statute of Ed. 1. Ed. 3. and H. 4. with a saving of the Prerogative. In King Edward the Sixths time Licence was sued for to the Lord Protector, to talk of matters of Prerogative, he remembred the Book of 2 Edw. 6. for the Parliament of Ireland, called by the Chief Judge, as is for him lawful; where it was questioned, what by Parliament might be done; whether they might depart with any of the Kings Towns, Forts or Piers; it was agreed they might not, and so he concluded, that to talk thereof (for as much as her Majesties Letters Patents, and Prerogative were touched) Rege non consulto, was perillous. He also made mention of the Statute, which authorizeth all Merchants to Traffick by Sea, Nisi publice prohibentur; he saith, others were prohibited.

M^r Young of Bristol, in the behalf of the Commons, reasoned to this effect; First, Shewed the loss to the Queen of her Custom, then the private Monopoly wrought and occasioned by the Merchants, the Controversies which have ensued by this means amongst them, and the subtile means whereby the Statute was procured, without the consent of the Major or Commons, by such as were put in Trust.

M^r Alford said, that he might not speak of the Prerogative aptly, for that he was not Learned in the Law; but made some remembrance of what he had there seen, concerning the Act of Parliament for Southampton; where it appeareth, that without an Act of Parliament, her Majesties Letters Patents were not sufficient; and therefore he prayed convenient consideration might be, and that the same (if it should so seem good to the House) might be conjoined to the former and other Bill, &c.

Then spake M^r Cleere, Sir Francis Knolles, p. 161Sir Nicholas Arnold, Sir Henry Norris, and M^r Christopher Yelverton of Grays-Inn, severally to the said Bill: whose Speeches being somewhat imperfectly and uncertainly set down in the before-mentioned Anonymous Journal, are therefore omitted; although from them, and the residue foregoing, the effect of this Bill may be Collected to have been for the Dissolution of certain Companies of Merchants in Bristol, whom her Majesty had Incorporated by her Letters Patents, and authorized them to Trade to certain places, by which it was pretended that the publick and free trading of others was restrained; and at last upon the Motion of M^r Fleetwood, That the Bill being of great weight, might be further considered of by the House, and the Committees be appointed at some other time, it was thereupon Ordered, that they should be appointed on the day following, which was done accordingly.

Then was read the Bill for coming to Service, but what reading it was appeareth not by the aforesaid Anonymous Journal, nor by the Original Journal Book it self, in which this said Bill is not at all mentioned: but it should seem that it was the second reading, because divers Speeches ensued thereupon; which in respect that they concern a matter of so great moment, are therefore transcribed out of the Anonymous Journal, in manner and form following.

M^r Snagg shewed at large the inconveniencies of the old Law, for coming to Service: for, said he, by the former Law it was Enacted, that the Service shall not be said, or Sacrament ministred, in other sort than in the Book of Common-Prayer is prescribed; he shewed, how differently the same was used in many places, from the prescribed Rule; as where no part of those Prayers were observed, but a Sermon, and some such other Prayers only as the Minister shall think good, in place thereof; whereupon have great divisions, discords and dislikes grown amongst and between great numbers. And since it is Law, that in this sort Service shall be used, and that whosoever shall be at any other form of Service, shall incur the penalty prescribed, and that the Ministers neither do, nor will do herein, as they should, and as is by the Law prescribed and commanded; he thought the proceedings in this kind, should occasion a Dilemma in mischief; for by this Law, if he come not, he shall lose twelve pence; and if he come and be present, and the Service be not said according to the prescribed Rule of the Book, he shall lose a hundred Marks.

M^r Aglionby Burgess of the Town of Warwick, moved the Law might be without exception or priviledge for any Gentlemen in their private Oratories; this did he prove to be fit out of Plato his Laws, and Cicero, both prescribing for the observation of the Law an equality between the Prince and the poor Man, not giving scope to the one above the other. Also he remembred the Authority of Lactantius Firmianus, making this only difference betwixt Man and Beast, that all men do know and acknowledge that there is a God, and in this respect there should be no difference between Man and Man. Withall, he said, the more noble the Man, the more good his Example may do. He therefore concluded, that for so much of the Law, so the same might be general, he was of good liking that it should pass.

But for the other matter, concerning the receiving of the Communion, he argued, that it was not convenient to inforce Consciences. And to that purpose, he shewed the Authority of D^rs; which he vouched without quoting the place, or sentence. He said also, that it was the Opinion of Fathers, and Learned Men of this Land; and therefore wished they might be consulted with. Finally, he concluded, that bonae Leges è malis moribus proveniunt: but no good Laws may make a good man fit to receive that great Ministry of God above. This whole Speech he tempered with such discretion as in such Case was seemly. And whatsoever he spake, he spake the same under Correction.

M^r Strickland standing up, first prayed he might be excused, for that he was to speak on a sudden and unprovided. For the first, He approved what M^r Aglionby had said: For the second, he said, he could not be of that mind; and he vouched out of Esdras, that the Church, yea the Consciences of men, were by the Prophet restrained; withal he said, Conscience might be free, but not to disturb the common quiet. He shewed the practice and doings of the Pope, the banishment of the Arrians, &c. That the word of the Prince, for lack of Law, must not be tied. The Israelites, he said were constrained to eat the Pass-over. And finally he concluded, that it was no straitning of their Consciences, but a Charge or loss of their Goods, if they could not vouchsafe to be, as they should be, good men and true Christians.

M^r Dalton reasoned to this effect, that there could ensue no inconvenience by those two Laws, which were intended to be contrary; his reason was, except the Service be according to the Law, no man is bound to stay there, no more, than if he be bound to come and hear Service, if there be no Service, he is to forfeit his Bond.

For Answer to M^r Aglionby he said, the matters of Conscience did not concern the Law-makers, neither were they to regard the error, curiosity, or stiff-neckedness of the evil, ignorant or froward persons. For be it they did proceed orderly to the discharge of their own Consciences, in making the Law, let them care for the rest whom it behoveth. He was of mind that Gentlemen should not be excepted, for the causes aforesaid; but he wished provision might be made for such as be imprisoned, or cannot come for fear of Arrests. He wished also, that the Law might have continuance but till the end of the next Parliament.

p. 162These foregoing Speeches being thus transcribed out of that often before-cited Anonymous Journal, more particularly mentioned at the beginning of this present Journal, and two other Speeches of M^r Fleetwood, and M^r Popham, of no great moment, being omitted; now follows some part of the next days passages out of the Original Journal-Book of the House of Commons.

On Thursday the 12^th day of April, M^r Comptroller, upon a Motion made by himself, that the Bill touching Bristol might be proceeded in, was appointed a Committee in the same, and with him were nominated Sir Nicholas Points, Sir Nicholas Arnold, Sir John White, M^r Newton, Mr. John Younge, Mr. Popham, Mr. Fleetwood, Mr. Norton, Mr. Alford, Mr. Hall of York, and Mr. Hooker, to whom the hearing of both parties touching the said Bill, was referred; and thereupon to make report thereof to the House, and to meet in the Star-Chamber, on Monday next at three of the Clock in the Afternoon. Vide in die praecedente concerning this business.

It is Ordered, that the House do sit to Morrow till ten of the Clock, and then to go to the Court to hear the Sermon.

Two Bills of no great moment, had each of them one reading; of which the second touching certain offences to be made Treasons, was read the second time.

The Addition to the same Bill was read the first time.

After the reading of which said Bill, and Addition as aforesaid, sundry Motions and Arguments ensued; which being omitted in the Original Journal-Book of the House of Commons, are therefore supplied out of that often beforecited Anonymous Journal, in manner and form following.

Mr. Goodier with some shew of former Care for that Cause, entred into the utterance of a long Speech, and spake to this effect: First, He made a solemn Protestation of his sincerity, truth and Loyalty to her Majesty, to the State, and to the House. Then he shewed many singular and true blessings, which we have by her Highness means, and religiously prayed for her preservation; but his whole discourse stood upon these three points, what he thought of the persons there Assembled, what he disliked in the matter of the Bill propounded, and why he did so.

Of the persons, he said, he heartily believed the whole Company in truth and true meaning to have a care and hearty well-wishing for her Majesties safety, acknowledging and reposing in her the very Anchor of our Safety; but whether all were with a sincere meaning to the state of the Crown, he knew not; but rather thought the clean contrary: but yet of the most and most honourable he thought nothing amiss, but some surely, he said, were doubly disposed, and with a favourable affection bent for some special body.

For the substance of the first Bill, he said he was of clear mind, well liking and approving the whole course thereof; except, quoth he, that the same be not already by former Laws provided for; and hereunto he further added, that if any man should say, that the Papists do not err in saying or speaking so slanderously of her Majesty, the same to be taken also as Treason. For the Additions which concerned the first, which did clearly respect the time past, as to make Treason of a fault already committed, which at the time of the perpetrating of the same offence, was not in the same Degree; it was a President most perilous, which might occasion such and so great Evils, as easily might not be conceived. Of present time, mans wisdom might judge; Future time mans Policy may reach to: but to call again the time past, or to raise what is dead in any kind, Man may not; nor in reason is it to be presumed. The like he said had not been seen; and where he hath read thousands of Laws, yet did he never find such a President. An extremity, rare, and never practised, no not in these the greatest matters of Faith and Religion, that we do now so earnestly treat of.

The Enemy to God and our State (the Papists, I mean) is most hateful. Yet is no man so hardly bent, as to have them punished, much less to suffer Death, for what is past. Whether her Majesty hath pardoned what is past, we do not know, and whether her Highness pleasure be that it should be talked of, no man yet hath made a report. Withal, it may happily occasion dislike between her Majesty and the House, which were odious and hateful; but doubtless, he prophesied, it would occasion peril, such and so great, that the greatest Speakers therein, yea those who should give them most or best words, could give no Warranties. Neither is it that the sequel thereof may be warranted for the right of a Crown, which words may not be strained or straitned.

Thus much considered, and the Prince being herein not as yet determined, he therefore advised, and more than so by words of vehemency urged stay. He farther said, that the penning of the first Article of the Additions was clouded and involved with secret understandings, not to be understood but by such as more curiously could, and more cunningly would, look thereinto than he. For matters of Title of the Crown, he said, he neither knew any, nor durst to intermeddle or take knowledge of any; and concluding, he said, that for obscurity of the sence, he must needs condemn the same, since that Veritas est nuda, simplex & plana.

Sir Thomas Smith her Majesties Principal Secretary, neither condemning nor approving of what had before been spoken by M^r Goodier, made motion, that the Bill might be divided, left the one might be the hindrance of the other.

M^r Norton in his accustomed manner of natural p. 163Eloquence; first shewed that that Assembly should be free of Speech, so that the same did not exceed the Bounds of Loyalty; and as in Speech free, so ought it also to be free of unjust slanders, and undeserved reproaches. For so much as might concern him, he protested that he neither thought, nor meant any other title than the sole preservation of her Majesty, and to this end was he and the whole House (as he supposed) setled and bent; she being of this Realm, not only in respect of our goods and lives the singular stay, but for Truth and Religion, yea of all Christendom not Magna, but in all the world Speciosa. And since that Consultation is no other than Consultare in Commune, he was as well to remove the surmise of Ambiguity, as the slander raised of any doubleness in him; the words (quoth he) are plain, these and no other; that whatsoever person during the life of her Majesty, hath or shall imagine, intend or go about, the deposing, &c. them and their Heirs to be barred of any title.

And, saith he, where Ambition hath once entred, such is the nature of the same, that never it will be satisfied: and the thirst for a Kingdom is unquenchable. Withal in common Experience we see, that between two, for a small matter in Suit, when it shall pass against the one, though by perfect Tryal, yet will he who loseth never acknowledge that he had either offered, or defended an injury. He said, for working of great matters great time is required; and such a mischief, as to overthrow a Crown is not in a day compassed; and therefore what hereafter is thought, or meant to be Executed, is already begun, compassed and devised. Time must therefore be taken, and therefore in time, and at all times it is to be prevented.

Where it is said, the like hath not been seen, and a Miracle made of it, as if there were never former Presidents ever seen of the like, or ever heard of before. It is no longer since than in Queen Maries time, when to the Parliament it was suggested, that the Congregations in the City of London Assembled, did use this kind of Prayer to God, either to convert her, or confound her. Whereupon it was Enacted, that every person who so, and in such sort, had prayed, or who so after should pray, should be taken for a Traytor. The Case of Bennet Smith is not so strange, nor so long since, but it may be remembred; his transgression was not such, nor so to be adjudged at the time of the offence perpetrated, as it was afterwards; yet by Authority of Parliament the offence precedent was from the old nature altered, and he, who before at the time of the offence, until the making of the Law, was not to be priviledged but by his Clergy, was now by an Act made after, by Judgment Executed. And since in the Case of a private man, as was this of Bennet Smith, such consideration, and such good discretion was used, who can imagine it to be odious? Nay, who is it, that would not the like or greater care to be had of a Prince, and especially of so good and virtuous a Prince, as she, for whom our Conference is now? But yet we are charged with partial affection, unsetled minds, and doubleness. Whether this Speech now be an offence to the House, he earnestly craved the Judgment of the House. For that it might seem by the Gentlemans earnestness who spake, that some one his Friend, whom he was bent to serve, would be touched. Whereupon, for his own part he eft-soons protested, he had no certain resolution with himself of any title, but was to be satisfied with the consent of that Assembly; howsoever adding further, if his Motions might so sort, as they were liked, he offered this Proviso to be added; That if any such person, who had made any such claim, shall disclaim and renounce all Title during her Highness Life, the same person, &c. to be then restored to the old Estate.

M^r Comptroller after some Declaration of grief, perceiving the matter grow to heat, as verily the greatest number of the House were more than moved with the vehemency of M^r Goodiers Speech, and that men were disposed to talk at large of matters contrary or repugnant to the Bill, moved that it might be severed; because the first part came in, and was exhibited to that House by her Majesties Learned Councel; the other was but the advice of a private man, which advice, though it justly deserved Commendation, yet was it not, in his fancy, to be joined with that which came in other sort.

M^r Snagg argued to this effect, that in making of Laws, plainness of Speech should be used, all intrapments to be shunned and avoided. And here he moved, why the Statute of Edw. 3. whereby it is Enacted, that all such, who shall endeavour, compass or imagine the Death of the King, &c. should be Traytors, &c. should not be said sufficient, reaching as far, and comprehending as much, as this latter advice. For the regard of the time past, he said, he could have no good liking thereof, and what was practised in Queen Maries time (under Correction) he took to be no Charitable President; concerning the Authority of the Parliament, he did conclude nothing, but said it was a prevention.

Sir Francis Knolles shewed, that he could not utterly dislike the conjoining of the Additions, sith that they rise all of one ground, and that they both are good and charitable; whereof he acknowledged her Highness to have Intelligence, and the cause already to have been in Conference by her Councel. And for the word (hath) he saith it contained no such absurdity, but with good zeal it might be maintained. And therefore such vehemency and sharpness of Speech, he said was more than requisite, yea more than convenient. And as for the obscurity, he said of men that would mean well, it could not be misconstrued; and to stay or prevent devices past, he thought it but honest Policy, which being otherwise used in a Princes case, is not to be disliked. p. 164He remembred her Highness unwillingness to punish such offences, and therefore though the Law be sharp, yet such is her Mildness, that if any have offended for so much as may concern her person, surely he thought it would not be Executed; and her Clemency tempered with Authority, could never grow to Cruelty, wherein what his Conscience was, he thought not fit to make further shew thereof; but simply and plainly he would deal herein, not meaning to treat in such sort, as if he thought to deserve thanks, or any thing of her Majesty; for what he did, he did it also as mindful of his own safety.

Another then spake (whose name is not expressed in the aforesaid Anonymous Journal) shewing the weight of the matter, which was then in hand, to rest as well on the general safety of the Subjects, as on the preservation of her Majesties Person, and therefore he could not but approve the effect of the whole, both in Bill and Addition; albeit for the pains in the Bill he was somewhat variant from that which was there offered, and in the understanding of some words he was doubtful; as for the word compassing, he made some question; of this (bodily hurt) he had no perfect Intelligence, since the hurt of body may grow by grief of mind, and grief of mind perhaps by small cause. He also said, that saving in the Statute of 27 H. 8. he hath not read it. But further, he said, that he that would not allow her for lawful Queen, in his conceit should also be called a Traitor; but for the speaking of those most slanderous words of Heretick, Infidel, Schismatick, he would not any man to be for the first offence taken as a Traytor; for that the not acknowledging of the Supremacy, being a far greater offence, is but the pain of Praemunire. And therefore, except the same offence also might be made Treason, he could not like thereof. But if it should so seem to them good, that it should be as he indeed wished, then was he well pleased to put them both to one Predicament.

And for the word Heretick, he said, that the Papists all, of force must be forced to say, her Majesty is one; or that they themselves must be content to carry the name, and to be noted Nomine, as they are' re & veritate Hereticks, which name they willingly will not bear. He further said, that with the rest of those words of slander, he thought it might do well to insert the name Papist. That if any man should say her Majesty to be an Infidel, Papist, or Heretick, &c. to be a Traytor; for that some say, there are in these days that do not spare to say, her Majesty is of another Religion, than is published; and that it is the sole doing of the Councellors, whereby the Doctrine (in sort as it is) is thus published, and not hers. He also added, that his wish was, that no man might be attainted of these words, except the Speech or Publication might be testified by two Witnesses. For the Additions, he said, assuredly they might not be severed from the first Bill, not only as they are matters material depending on the first, but stretching so far to the maintenance of the first, that without them the first may seem to be nothing. For (said he) there can be no remedy provided, except the cause of the grief be known, and the same cause removed; wherein the Rebels of the North gave clear Experiment: for doubtless, when they pretended Reformation of Religion, they thought to rend up the ground, and to subvert the stay thereof, which was her Majesties Person; and by them he wished us to learn at last, and to wax wiser. He said, the Court of Chancery will straitly Decree for saving and quiet keeping of a quiet possession, often looking to ordering things before past, and shall not the Court of Parliament do the like for the Title of the Crown? And the ancient Laws of the Realm (he said) do … the same, as long before the 35 H. 8. the Stat. 5 E. 3. in such like Cases hath ordained, that the Heir for the Fathers offence shall be punished: consule locum citatum.

M^r Mounson said, it were horrible to say, that the Parliament hath not Authority to determine of the Crown; for then would ensue, not only the annihilating of the Statute 35 H. 8. but that the Statute made in the first year of her Majesties Reign, of Recognition, should also be laid void; a matter containing a greater consequent, than is convenient to be uttered.

M^r Heneage moved the House to this effect, that either the Bill for Addition should be severed, or both to be referred to the Queens Learned Councel, to consider of the conveniency thereof; and then by them to be exhibited, &c. but of his Opinion he yielded no further reason.

M^r Long a young Gentleman, would have proved the word (have) and a regard of the time past, not to be amiss, for that at the time of the offence the malice of the Offendor was as great, as it is at this present.

M^r Fleetwood endeavoured to prove the overcharging of the Bill with larger words than were convenient, and more Provisoes than were to the purpose, to have been the overthrow of that which was truly meant; wherein the cunning Adversary, when he knoweth not how to subvert directly, will by this means easily and subtilly insert more, pretending a face of more forwardness than the rest, when indeed his heart is bent to the hindrance of the whole. For proof and experience hereof, he remembred the cunning Prelats in Henry the Fourths time, and afterwards in Edward the Fourths time, when King Edward required the suppressing of all such Abbies, as King H. 6. had Erected; To hinder this, contrary to the Kings meaning, some would needs add the Colledges in Cambridge, which by him were also Founded; to which when by no means the House could be induced, as well the intent of the first, as of the last, was subverted.

The like he remembred also of the second year of H. 7. in matter of Treason, which all p. 165men would have yielded unto, the Counterfeit Friend heaped in, to give the King free Liberty of Restitution to whom he would, of all both goods and possessions, whereof the inconveniency being seen, stay was made of the whole. So that, what men may not do directly, with face of further Friendship they do covertly. He concluded therefore, it were well and most safe, to make two Bills, and to be referred to the Queens Learned Councel, as M^r Heneage had well divided.

M^r Serjeant Manwood, first Answering the meaning of the words (bodily hurt) said, it must be intended when violence or force is done or offered to the Body, and not otherwise, nor elsewhere. And whether the words of slander should be Treason, he thought that there was great reason they should be; for (quoth he) who so shall affirm her Highness to be an Heretick, doth doubtless wish her the pains of an Heretick, viz. to be burnt, &c. He further would have to be added to these words of the Bill, That who so shall imagine, go about, claim, &c. thus much more, that whosoever shall affirm himself to have Title, &c. to be a Traytor. He was of further Opinion, that it should be no clogging to the Bill, to have matter of the same nature added; being also provided for the same purpose, as good, consequent and necessarily concurring with the effect of the Bill. And for the Authority of the Parliament, he said it could not in reasonable construction be otherwise, for who so should deny that Authority, doth deny the Queen to be Queen, and the Realm to be a Realm.

After which, M^r Alford and M^r Dalton spake severally to the said Bill, touching certain offences to be made Treasons. Whose Speeches containing no new matter at all in them, more than hath been formerly spoken, are omitted in that often before-cited Anonymous Journal, out of which all these foregoing Speeches are transcribed. After all which, the business was at length drawn to this Head, to be referred to a Committee, whose names being there likewise omitted, are therefore all of them supplied out of the Original Journal-Book of the House of Commons it self, in manner and form following.

All the Privy-Council being Members of this House, Sir Christopher Heyden, Sir Henry Nevill, Sir Nicholas Arnold, M^r Serjeant Manwood, M^r Serjeant Jeoffry, M^r Heneage, M^r Stoaks, M^r John Vaughan, M^r Bell, M^r Mounson, M^r Popham, M^r Norton, M^r Dalton, M^r Fleetwood, M^r Telverton, M^r Goodier, M^r Alford, and M^r Long, were appointed to meet to Morrow at two of the Clock in the Afternoon, in the Star-Chamber.

M^r Doctor Lewes, and M^r Doctor Huick, brought from the Lords a Bill touching the untrue demeanors of Tellors, Receivers, Treasurers and Collectors.

On Friday the 13^th day of April, Five Bills had each of them one reading; of which the last being the Bill for suppressing of Simony in Presentations to Benefices, was read the first time; to which, because M^r Snagg spoke upon the first reading, being a thing not altogether usual, his Speech is therefore transcribed out of that often before-cited Anonymous Journal.

M^r Thomas Snagge treated hereupon, viz. after the reading of the said Bill of Simony, saying that the cause of the slanders, which the Papists have against the Church of England, in that they say Coblers, Taylors Tinkers, Millers, &c. are of the Ministry, groweth thereby, that the Livings are detained by the Patrons from the Spiritual, in their own hands, to their own private uses; whereas the first original of the creation of Patronages, being considered, it appeareth that nothing is left to the Patron of right. The manner of their original he shewed at large, and that the same was granted Deo & Ecclesiae, and concluded that the Patron had nothing of worth or value, but a bare nomination, if it be truly used; since that dealing sincerely, he is neither to respect Commodity, Blood, Affection, Friendship, nor any thing else, but the worth and sufficiency of the Man, &c.

The Bill against Vagabonds was read the first time; after which ensued divers Speeches, which is not commonly used, until after the second reading, and therefore they are the rather transcribed out of the aforesaid Anonymous Journal.

M^r St. John moved, that an old Bill before this time exhibited into the Lower House concerning this matter, might be perused.

M^r Sands endeavoured to prove this Law for Beggars, to be over sharp and bloody, standing much on the care which is to be had for the Poor; saying, that it might be possible with some travail had by the Justices, to relieve every man at his own house and to stay them from wandring; this experience he shewed, and what was done in the Country of Worcester. M^r Treasurer talked to this effect, that he would have a Bridcwel in every Town, and every Tipler in the County to yield twelve pence yearly to the maintenance thereof.

M^r Wilson a Master of the requests, argued thus; that poor of necessity we must have, for so Christ hath said, until his latter coming: and as that is true, so said he also, that Beggars by Gods word might not be amongst his People: Ne sit mendicus inter vos. His Experience he shewed through the greatest part of Christendome, concluding that such looseness and lewdness was no where, as here; he said it was no Charity, to give to such a one, as we know not, being a stranger unto us. Thus, said he, did the Locrenses constitute by their Laws. Even as of Thieves did the Grecians judge of them. To the pain of the Constables for their remiss dealings, he wished might be conjoined Imprisonment.

On Saturday the 14^th day of April, the Bill for one William Skevington was read; whereby p. 166was supposed a deceit practised by one Sacheveril, for conveying of Land, contrary to the true meaning, by subtile forging of a false deed, in place of the true deed: which being read it shewed the confession of Sacheveril, and prayed restitution, with discharge of all mean incumbrances during such time as it was in the possession of Sacheveril.

M^r Fleetwood endeavoured to prove, that all such sinister, false, fraudulent or convenous dealings being opened in that place, albeit that the party pray not redress, yet being made apparent to that High Court, ought not to be pretermitted without due consideration and convenient punishment to be by the House assigned, and the party to be brought to the Bar of that House; for proof thereof, he shewed in the time of King Henry the Fourth, that the abusing of one of that House, coming home into his Country, for what he had done or spoken in the House, was afterwards adjudged of in that place, and a Law presently made for what before was not thought upon; the like he shewed to be done in Henry the Eighth his time, concerning an Excommunication had at Serjeants-Inn, &c. He also remembred a President of one John Rue, who for that he meaning to have deceived a Merchant of London in sale of certain sums of money due unto him, to be paid out of the Exchequer, as he pretended, whereas in truth the money was before received by him who sold the Debt; Judgment was given for the subtilty of the loss of his goods, the profit of his Lands, and perpetual Imprisonment: For every Conspiracy, the Judgment is by Law (said he) villanous, even as in the Case of Attaint, to have the Houses turned up, the Meadows Eared, &c. He shewed also, that in the time of Edward the Third, one meaning to cause the price of Wooll to fall, gave out that there was likelihood of Wars to be between the King of England, and the King of Denmark, by which means the Traffick of the Staple was like to be stayed: Whereupon it was presently ordained, that he should be banished, though for that purpose there were no Law before.

After this Speech, as it should seem, Committees were appointed for this Bill; whose names being not found in the aforesaid Anonymous Journal, out of which the preceeding Speeches are transcribed; they are therefore supplied out of the Original Journal-Book it self of the House of Commons, and were as followeth; viz. Sir John Thinne, M^r Stokes, M^r Bell, M^r Fleetwood, M^r Bedell, and M^r Smith, to meet in the Star-Chamber, upon Wednesday next at three of the Clock in the Afternoon.

The Bill for the Free Grammar-School in Southwark, was read the first time.

For the Bill of Treasons and Additions, it was Ordered, that such of the Committees, as are Learned in the Laws, shall have Authority to conser with the Queens Majesties Learned Councel, touching the same Bill and Additions.

The Bill for Reformation of the Book of Common-Prayer, was read the first time, after which (the Bill being preferred by M^r Strickland) ensued divers long Arguments, which being omitted in the Original Journal-Book of the House of Commons, are therefore supplied, with some small alteration, where need required, out of that often before-cited elaborate Anonymous Journal of the same House, in manner and form following.

M^r Treasurer (of her Majesties Houshold) reasoned to this effect, That if the matters mentioned to be reformed were Heretical, then verily they were presently to be condemned; but if they are but matters of Ceremony, then it behoveth us to refer the same to her Majesty, who hath Authority, as Chief of the Church, to deal herein. And for us to meddle with matters of her Prerogative (quoth he) it were not expedient. Withal, he said, what Cause there might be to make her Majesty not to run and join with those who seem to be most earnest. We are not to search, whether it be, for that in time and order she hopeth to bring them with her, or what other secret cause or scruple there may be in the heart of Princes, it is not for all people to know.

M^r Comptroller argued to this effect as afore, commending the Zeal, but that the place and time were not fit. And since we knowledge her to be Supream Head, we are not in these petty matters to run before the Ball, which to do, and therein to offend, were great folly; how forewarned we were herein, he did refer to our consideration, insinuating in some sort, that our heady and hasty proceedings, contrary to and before the Law, did rather hinder than help.

Hereupon one Pistor with a grave and seemly Countenance, and good natural Eloquence, shewed how Conscience enforced him to speak; and rather to hazard his Credit than to the offence of his Conscience be silent. Albeit he would acknowledge willingly, that many hundreds of that Honourable and Worshipful Assembly, were well able to teach him, and he indeed willing to learn of them all: the matter of his grief was, that matters of importance standing us upon for our Souls, stretching higher and further to every one of us than the Monarchy of the whole World, were either not treated of, or so slenderly, that now after more than ten days continual consultation, nothing was thereon concluded. This Cause he shewed to be Gods, the rest are all but Terrene, yea trifles in comparison; call you them never so great, or pretend you, that they import never so much; Subsidies, Crowns, Kingdoms, he knew not, he said, what they were in comparison of this; this he said, I know, whereof he most thanked God, primum quaerite Regnum Dei, & caetera omnia adjicientur vobis. This Rule is the direction, and this desire shall bring us to the light, whereupon we may stay, and then proceed unto the rest; p. 167for in his word, and by him we learn, as saith S^t Paul, to correct, reform, &c. Our true home certainly is not here, Non habemus hîc permanentem Civitatem: and the Justice of God moved Terror unto all, which he seemed to mean concerning the Bill before-mentioned of Strickland's Propositions. And so did set it forth with vehemency, that there lacked no modesty, and with such Eloquence, that it neither seemed studied, nor too much affected, but grave and learned throughout, and no whit too long, but very well approved of.