Proceedings in the Parliaments of Elizabeth 1, Vol. 3 1593-1601

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P R O C E E D I N G S IN THE P A R L I A M E N T S OF E L I Z A B E T H

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Proceedings in the Parliaments of Elizabeth I VOLUME III I 5 9 3 - I 6 O I

Edited by T. E. Hartley

LEICESTER UNIVERSITY PRESS London and New York

LEICESTER UNIVERSITY PRESS A Cassell Imprint

Wellington House, 125 Strand, London WC2R oBB, England 215 Park Avenue South, New York, NY 10003, USA First published in 1995 © T. E. Hartley, 1995 Apart from any fair dealing for the purposes of research or private study, or criticism or review, as permitted under the Copyright, Designs and Patents Act, 1988, this publication may not be reproduced, stored or transmitted, in any form or by any means or process without the prior permission in writing of the copyright holders or their agents. Except for reproduction in accordance with the terms of licences issued by the Copyright Licensing Agency, photocopying of whole or part of this publication without the prior written permission of the copyright holders or their agents in single or multiple copies whether for gain or not is illegal and expressly forbidden. Please direct all enquiries concerning copyright to the Publishers at the address above. T. E. Hartley is hereby identified as the author of this work as provided under Section 77 of the Copyright, Designs and Patents Act 1988.

British Library Cataloguing in Publication Data A CIP catalogue record for this book is available from the British Library ISBN o 7185 2246 X Library of Congress Cataloging-in-Publication Data Catalog card number 81-80390 Typeset by Best-set Typesetter Ltd., Hong Kong Printed and bound in Great Britain by The Bath Press, Avon

Contents Abbreviations Preface Introduction

page vii ix xi

The Eighth Parliament: 19 February-10 April 1593 House of Lords 1. Headings (by Burghley) concerning the assembly of Parliament and the subsidy 2. Speeches by Lord Keeper Puckering at the opening of Parliament, 19 and 22 February 3. Burghley's speech for supply 4. Elizabeth's speech at the close of Parliament, 10 April House of Commons 1. James Morice's account of his speech on 27 February and his justification 2. Speech of James Morice and the debate which followed, 27 February 3. Speeches by Nathaniel Bacon and Henry Finch on the recusants bill, 28 February 4. Report on the Speaker's speech, 28 February 5. Sir Henry Unton's speech on the subsidy, 7 March 6. Anonymous speech for maimed soldiers ? 24 March-5 April Journals: House of Commons 1. Anonymous journal, 19 February—10 April 2. Extracts of speeches on various days

n 14 23 28

30 45 50 52 54 58

61 176

The Ninth Parliament: 24 October 1597-9 February 1598 1. 2. 3. 4. 5.

House of Lords Opening ceremony in Westminster Abbey, 13 October 184 The Lord Keeper's speech at the opening of Parliament, 24 October 185 Speaker's speech on presentation to the Queen, 27 October 188 Bishop Westphaling's speech, 15/16 December 194 Speaker Yelverton's closing speech, 9 February 197

vi

1. 2. 3. 4.

House of Commons Speaker's disabling speech, 24 October Francis Bacon's speech on the subsidy, 15 November Speech against enclosures, 26 November Henry Jackman's speech on the tillage bill, 13 December

Journals: House of Commons Hayward Townshend's journal, 24 October 1597-9 February 1598

208 211 215 222 225

The Tenth Parliament: 2j October-19 December 1601 House of Lords The Speaker's opening speeches before the Queen, 30 October The Speaker's closing speech, 19 December (first version) The Speaker's closing speech, 19 December (second version) Notes for the Lord Keeper's closing speech, 19 December The Attorney General's notes for the Queen's speech, 19 December 6. Queen Elizabeth's last speech, 19 December 1. 2. 3. 4. 5.

House of Commons The procedure in the choice of the Speaker Speaker John Croke's disabling speech, 27 October Proceedings of the subsidy committee, 7 November Speeches by the Speaker and the Queen, 30 November (first version) 5. The Queen's speech, 30 November (second version) 6. The Queen's speech, 30 November (third version)

1. 2. 3. 4.

Journals: House of Commons Hayward Townshend's journal, 27 October-i9 December 1601 Appendix: The audience with the Queen, 30 November 1601 General index Index of bills Index of persons (including principal officers)

257 263 268 273 275 278 282 283 286 288 292 294 298 494 497 499 501

Abbreviations

Add. APC

Additional J. W. Dasent et al. (eds.), Acts of the Privy Council of England A. F. Pollard, 'Hayward Townshend's Journals', BIHR, xiii, xiv, Bulletin of the Institute of Historical Research, xiii, xiv or or xv xv (1935-36-1937-38) Cam Misc Camden Miscellany Camden Society Cam Soc Journal of the House of Commons Q The House of Commons, 1558-1603 (ed. P. W. Hasler, Commons The History of Parliament Trust, 1981) Cotton Cott Calendar of Patent Rolls CPR County Records Office CRO Calendar of State Papers CSP CSPD Calendar of State Papers, Domestic D. M. Dean D. M. Dean, 'Bills and Acts, 1584-1601' (Cambridge University PhD dissertation, 1984) D'Ewes Sir Simonds D'Ewes, The Journals of all the Parliaments during the Reign of Queen Elizabeth, both of the House of Lords and House of Commons (1682) DNB Dictionary of National Biography EETS Early English Text Society EHR English Historical Review El. Ellesmere EP J. E. Neale, Elizabeth I and her Parliaments (2 vols., 1953, 1957) GEC The Complete Peerage, ed. G. E. Cockayne (1910—59) Harg. Hargrave Harl. Harleian Harl Misc Harleian Miscellany HC J. E. Neale, The Elizabethan House of Commons (1949) HMC Historical Manuscripts Commission Hughes and Larkin P. L. Hughes and J. F. Larkin, Tudor Royal Proclamations, (3 vols., 1964, 1969) Hulme E. W. Hulme, 'The History of the Patent System,

viii

Proceedings in the Parliaments of Elizabeth I

Lansd. LJ LP

OED Pollard

PRO Price Procs

SP Dom SR STC Strype, Annals Tilley

TRHS YB

under the Prerogative and at Common Law', Law Quarterly Review, 16 (1900), 44-56 Lansdowne Journal of the House of Lords Letters and Papers, Foreign and Domestic, of the Reign of Henry VIII, ed. J. S. Brewer, J. Gardiner, R. H. Brodie et al. (21 vols. and Addenda; 1862-1932) Oxford English Dictionary A. F. Pollard and Marjorie Blatcher, 'Hayward Townshend's Journal', Bulletin of the Institute of Historical Research, xii (1934-5) Public Record Office W. H. Price, The English Patents of Monopoly (1906) Proceedings in the Parliaments of Elizabeth I, i and ii, ed. T. E. Hartley (Leicester, 1981, 1995) State Papers Domestic Statutes of the Realm, 12 vols. (1810-28) Short Title Catalogue J. Strype, Annals of the Reformation (Oxford, 1824 ed.) M. P. Tilley, A Dictionary of the Proverbs in England in the Sixteenth and Seventeenth Centuries . . . (1950) Transactions of the Royal Historical Society Year Book

Preface

The completion of this third volume of Proceedings in the Parliaments of Elizabeth I must be the occasion for thanking, as before, those whose help has been invaluable in the course of what has been a very long project. So I repeat, in particular, my gratefulness to those mentioned in the preface to the previous volume in this series. The current volume includes what are easily the two longest accounts of Commons' proceedings — for 1593 and 1601 — and the production of texts for these sessions alone has involved much labour. The assistance given by my colleague and friend David Dean in checking transcripts of the substantial anonymous journal for the first parliamentary session included here was, therefore, most welcome: he was able to do this work because of generous financial help from the British Academy. As before however, Dr Dean's kindness in discussing relevant issues with me exceeded his obligations. It is necessary to reiterate only briefly that the format and editorial approach adopted for this final volume remain as they were in the previous sections. Throughout this project I have been conscious of not being able to provide a comprehensive set of answers to all the questions posed by these records of parliamentary proceedings: notably, the sources - and accuracy - of many of the references and allusions which occur were impossible to locate, especially in view of the time already consumed in the preparation of these volumes. In deciding to curtail my own searches, and to draw a line under my frequent trespasses upon colleagues' increasingly precious time, I hoped that the principal end of making source material available in printed form should prevail. I also wish to thank the foDowing for their co-operation, and for their permission to print transcripts of manuscripts in their collections: the British Library; Lambeth Palace Library; the Marquess of Salisbury at Hatfield House; the Public Record Office; Cambridge University Library; the Warden and Fellows of All Souls, and the Bodleian Library, Oxford; the Huntington Library, San Marino, California. The British Academy, as already mentioned, provided financial support; and the Faculty of Arts at Leicester University also gave money which helped my work on the manuscripts. Finally, I am more than happy to say that the debt which I owe to my wife as a result of her support throughout this project remains, and indeed grows.


Introduction

The documents assembled in this volume were selected by Sir John Neale, and many of them were used in his study of the House of Commons and in his two-volume study of Elizabeth's parliaments. They may be divided, as before, into the diaries or journals compiled by individual members, on the one hand, and, on the other, separate accounts of speeches intended for or delivered in Parliament, and of other proceedings relating to single issues. The principles on which this compilation has been presented are consistent with those followed in the first volume, subject to the modifications adopted in the second. The anonymous journal of proceedings in the Commons in the 1593 parliament, together with Hayward Townshend's even more substantial account of Commons business in the last parliament of the reign, form what is by far the largest proportion of this collection. Though Thomas Cromwell and others had earlier devoted much time to recording business at some length, it can be argued that these two journals surpass anything which had as yet survived. Their obvious value is that, because they are journals which record business on a daily basis, they apparently reflect a comprehensive range of parliamentary activity (at least as far as the Commons was concerned). They provide a perspective, therefore, in which to place the concern expressed during these years by Elizabeth's ministers, and doubtless shared by most members too, which arose from the realization that England was still at risk of invasion from Spain. The fact that Elizabeth had reigned for more than 30 years when the first of these sessions opened probably reinforced the existing inclination, especially in those charged with making the great set speeches in Parliament, to enlarge upon the special benefits of the Queen's services to the realm. Peace, justice and light taxation emerge as characteristics of Elizabethan England, though as we know, these parliaments witnessed a sharp increase in the subsidy grants made to a Queen who was always said to be willing to spend her own money before reluctantly agreeing to ask her subjects for theirs. One immediately striking characteristic of these two journals is that they have survived in large numbers of copies,1 and it may be that further copies survive as yet unrecognized, and that there has been some (understandable) loss and destruction. It is also safe to assume that the considerable effort and expense involved in producing these copies, many of them apparently in the earlier half of the seventeenth century, indicates a contemporary or near-contemporary i. See details on their title pages.

xii


fascination with the value of their content. Yet, for the same reason it is hard to understand why the 'originals' of the anonymous journal of 1593, or of Townshend's journals of 1597 and 1601 have apparently disappeared.2 Though the survival of many versions of these texts must be a bonus for historians, it raises important issues when publication is undertaken. The anonymous journal for 1593 is a substantial compilation, second in length, and probably in quality too, only to Townshend's for 1601. Like Townshend's, it survives in a number of manuscript versions, all apparently copies rather than the original text. Of these versions, the Cotton manuscript provides an account of events in the Commons which is significantly fuller than that which appears in other copies: the Stowe 358 version, which is perhaps a later manuscript, appears to be copied from Cotton.3 There is no other instance where an unofficial journal of Commons proceedings in Elizabeth's reign has survived in a number of copies which can be so clearly differentiated into two groups, and where there can be little doubt about which surviving manuscript copy to print. Leaving aside the Additional manuscript in the British Library, and the Ellesmere version in the Huntington - which offer only extracts from the journal rather than full running accounts - all the manuscripts are truncated accounts of what appears in Cotton (and Stowe). Not only are readings of bills sometimes omitted, but short summaries of bill contents become even more abbreviated, and longer accounts of the purposes of bills and perhaps the debates which they prompted may be reduced, or simply left out altogether. Observations made by the compiler of the journal, sometimes apparently on writing up his rough notes after the event, may also be passed over. Without benefit of the fuller Cotton (and Stowe) version, then, we would be deprived of material which not only gives information, but also on occasion encapsulates the observer's reaction to events and transforms the chronicler into a commentator. In the case of the Tanner manuscript, the account is further abbreviated as it stops short of the end of the session in the middle of a speech by Sir Walter Ralegh on 23 March. There is no obvious justification for electing to print one of these shorter manuscripts, because they leave out so much. The existence of a large number of abridged accounts is an interesting phenomenon, not easily explained with any certainty, though its significance is clear. Perhaps the copies of the anonymous journal other than Cotton and Stowe are manifestations of the copyists' reaction to the substantial task of reproducing an account which in its fuller version is very lengthy; and it is true that the 'shortening' of Cotton is more evident towards the end of the session than in the earlier weeks. Broad similarities between these shorter copies may also be an obvious indication that they are to some extent copies of each other. But if we remember that all these copies must ultimately derive from one source, then there may be another explanation for the existence of truncated versions. It is almost as though a different approach has been adopted in these accounts, one which was concerned principally with a drier, factual account of the main bill-reading events of the session. Cotton's format can also be relatively 'unpolished' in its phrasing; and its limited and occasionally problematic punctuation is perhaps an echo of its origins which may have consisted in

Introduction

part of raw notes: the manuscript may ultimately derive from an original which was compiled — to begin with at least — on the spot in the House of Commons, and therefore reflects the need to note speeches as quickly as possible. The shorter versions sometimes offer some embellishment to Cotton's occasional starkness, perhaps in a quest for additional style and clarity. Thus, Cotton renders the Lord Keeper's request that members shun ostentatious verbosity as '. . . the tyme which is precious would not be thus spent. Session cannot be long. . .',4 while other manuscripts smooth out this fragmented prose by punctuation and added words. Elsewhere, Cotton's description of the recusancy bill5 includes the words 'subiectes to their due obedience', which are rendered in other copies as 'subjects and to impose upon them their due obedience'. At another point, the Cotton text is somewhat repetitive in reporting a speech by Beale about the subsidy negotiations with the Lords, mentioning 'a greater subsidie' three times. Other manuscripts amend this section, though not always removing the repetition. Again, despite the stylistic awkwardness Cotton's meaning is in no doubt and we are not confronted with differences of significance.6 But the omission of so much of Cotton's content in other respects means that we are offered accounts of proceedings which look much more like a catalogue of bills, and a rather bare one at that. The long, apparently retrospective, passage on the sectaries bill in Cotton is perhaps the most obvious case where material has been ignored for some reason by most of these versions of the 1593 journal. This is not, however, the only occasion on which Cotton offers fuller information: the details of Cooke's and Englefield's bills are severely limited in other manuscripts7 as are the details of the retailers bill.8 Fuller coverage than elsewhere of Topcliffe's petition9 and of Francis Bacon's report on the conference with the Lords on the continuation of statutes appears in Cotton.10 There are many more instances where the richness of content which characterizes Cotton (and Stowe) has been considerably curtailed in other versions of this journal, though, as we have seen, they occasionally offer a degree of greater stylistic polish. These variations, which range from minor stylistic refinement through to 2. See below, pp. xviii, xxiv. 3. Many of its deviations from Cotton are minor and have not been noted. The same is true of the Cotton copies of Townshend's journals for 1597 and 1601. 4. P.22. 5- F-596. The passage in question here continues as follows in Cotton: '. . . sent for xij of the Lower House, to whom they declared that a greater subsedie then they had graunted was needfull and was desiered. The xij came downe and enformed what was desired by the Higher Howse, namelie a greater subside' (f-43v). Hargrave omits 'sent for' before the 12, and continues 'of the Lower Howse

78. 910.

went upp with the Lords that had said that a greater subsedye then they had graunted was needfull, and ['was desyred' crossed out] the same by them was againe desired to be made greater. The xii came . . .' (continues as Cotton). Harl 1888 (and Harl 5078) is more economical: '. . . 12 that were sent as comittees to the Lordes came downe and informed what was desired by the Higher House, namely a greater subsidie Cotton, fos.59v-6o, 71-2, 7$v-j6. Cotton, f.75. Fos.63-4. F.64V.

xiii

xiv


large-scale omission of sections of the Cotton manuscript's text, present particular editorial problems. Clearly the omission of bills and speeches or decisions by the House must be noted, as would be the case in any other document which has been included in these volumes of proceedings. It is also obvious that omission or variation of single significant words must be noted, because doubt or clear error has occurred in the process of a manuscript's compilation. But the value of noting the many other re-phrasings, abbreviations or condensations of Cotton's text is not so apparent. So where the Cotton manuscript reads 'Wedensday the xiiijth of March', but does not repeat the date in the margin (thereby departing from its common practice), it has not been noted that the Hargrave copy, for instance, does have that marginal date. There are many occasions wrhere the truncated versions of this journal render in two or three lines what appears in Cotton in four or five lines, and these have not been rigorously recorded. Noting all variations would be cumbersome and would record what are often in effect summaries of Cotton's entries which do not distort Cotton's meaning. The guiding principle which has been followed here is that only changes of significance, changes which either 'improve' Cotton's failings, or indeed show its substantial superiority, should be recorded. A further striking characteristic of these manuscripts is their failure to agree consistently with each other in dating the proceedings they record, so making the task of providing a correct chronological framework of events ostensibly more difficult. It is obviously important to ascertain whether dating is correct in itself: that is, what day did, say, 14 March 1592/3 fall on? The Cotton MS gets this wrong on some occasions, for example giving 'Thursday' instead of 'Tuesday' for 27 February, 'Thursday' instead of'Tuesday' for 13 March, and 'Tuesday 26' instead of 'Tuesday 27' March, and 'Tuesday' instead of 'Wednesday' 28 March. The manuscripts can display a perplexing array of dates in fact. So for Thursday 15 March, Cotton has '16', Hargrave '14', Harley 1888 '13', and Finch-Hatton 'Tuesday 13', though Harley 5078 renders it correctly. Thereafter Cotton has (incorrectly) Friday 17 March, while Hargrave has 15, and Harley 1888 14. Proceedings which appear in Cotton under Thursday (properly Tuesday) 13, Friday 17 (properly 16), and Monday 19 March may be found under Saturday 10, Wednesday 14, and Friday 16 March in Harley 1888. By Monday 26 March Hargrave disagrees with Cotton again, calling that day the 25th, while Cotton calls both Monday and Tuesday the 26th. It is clear enough from these few instances that there has been a good deal of unsatisfactory compilation as far as dating is concerned in these manuscripts; but it is not easy to see why this should be so. In a general sense, careless copying must be responsible for mistakes and inconsistencies; and it is easy to see how the use of Roman numerals in Cotton has sometimes led to mistakes. But it is important to put the problem into perspective. The session opened on 19 February, and for some time thereafter the manuscripts generally concur in dating proceedings. It is true that the Hargrave copy, for instance, deviates from the Cotton manuscript on 24 February, dating proceedings instead to 23 February, but this is a temporary

Introduction

aberration, soon rectified, as it agrees with Cotton in noting that the episode concerning Peter Wentworth and others occurred on Sunday 25 February. It also omits 'On Fridaye morning the second day of March'.11 But major confusions over timing only begin around 8 March, or even later, in midMarch. Where Cotton gives 8 March for resumed subsidy committee proceedings, some manuscripts omit the day and the date so that it appears at this point that the deliberations occurred on one day only: it should be noted, however, that the Hargrave manuscript assigns Bacon's contribution to 8 March, thus deviating from Cotton only in dividing proceedings at a different point. And where the journalist returns to business on the floor of the House on the same Thursday morning the compilers or copyists responsible for the Tanner version and that of Harley 5078 have ascribed the bill readings to 9 March, which was clearly Friday, the next day. In this instance then, it seems that the process of recording committee proceedings which occurred while other business was conducted in the House has led to some confusion. Some of the differences which occur hereafter arise from Cotton's inner inconsistencies. So Monday 12 March is followed in the manuscript by Thursday I412 - designated Tuesday 13 March in Hargrave - and then Cotton rectifies itself, giving Wednesday 14 March.13 The manuscript then slips up again, however, by recording the following day, Thursday, as 16, rather than 15, while at this point Hargrave has 14 March and Harley 1888 has 13 March. The apparently careless approach to compilation in these manuscript copies necessarily emphasizes the importance of determining when events occurred, and therefore the accuracy of any of the manuscripts at our disposal. The problem can only be resolved if we can be reasonably certain of a chronology of events from other sources, though clearly in the absence of the original official Commons journals we are thrown back to a reliance on D'Ewes' account, as well as such evidence provided by a number of draft bills which have survived and which bear dates showing when they were engrossed. David Dean has suggested that D'Ewes be judged reliable because he had used the official journals himself; and indeed, comparison with D'Ewes' (printed) account shows the Cotton manuscript printed here to be in broad agreement in the dating of events. The errors in Cotton - because they are relatively few in number - are readily identifiable by consideration of the overall chronological structure of the manuscript itself. Having dated Wednesday 14 March correctly, Cotton (as we have already seen) then moves the date, though not the day, forward so that the events of 15—17 March inclusive occur on 16—18 March. And having correctly dated the events of Saturday 31 March, the manuscript moves on, perhaps miscounting days, to make Monday the 3rd rather than the 2nd of April, logically, though wrongly, misdating the rest of the week thereafter. Under these circumstances the brewers bill, engrossed on Wednesday 4 April according to D'Ewes, appears in Cotton on Wednesday 11. F.39V. 12. F.s8.

13- F.59V.

xv

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5 April, though this is clearly an error for 4 April.14 The problem of days and dates in the Cotton manuscript is therefore easily managed. While it is important to recognize these discrepancies among the manuscript versions of this journal, it is less clear that it is necessary to record them exhaustively. Apart from reflecting some of the specific problems discussed above, footnoting is largely confined instead to noting and correcting Cotton's own inconsistencies and inaccuracies, often with reference to the Hargrave MS. The Cotton version of the 1593 journal itself is part of the two-volume compilation of notes on parliamentary occurrences in Elizabeth's reign which were to be found in Sir Robert Cotton's library, and which D'Ewes himself refers to in his famous preface. The script employed in the manuscript is secretary, though more than one hand has been employed: sometimes the writing is bold, sometimes more restrained. Headings within the text, Latin quotations, and some names, are italic, as are the marginal dates and occasional comments: these latter may have been added later. The fairly regular use of obsolete, or perhaps regional, variant forms of some words is idiosyncratic to this version, and it may indicate that the clerk, or clerks, employed to transcribe the record were old. 'Be', 'me' and 'this' are used respectively for 'by', 'my' and 'these'.15 As already noticed, the manuscript is not as stylistically 'finished' as other versions of the journal, and sometimes the prose is raw enough to suggest that the original from which it derives consisted, in part at least, of notes rather than written-up text. Speeches are also reported in such a way as to make it unclear whether spoken words are being quoted or whether we are being presented with indirect reporting. Sometimes it is reasonable to suppose that the account consists of both elements, for instance Sir Edward Dymock's speech on behalf of foreign retailers16 starts with a section which could easily be a fairly accurate record of the words he used, but the concluding section, starting 'Knowne of his own . . .' could suggest epitomization. At this point, however, other manuscripts represent the remainder of the speech directly, starting 'And of myne own . . .'. Elsewhere, other manuscripts differ from Cotton in commonly detaching a speaker's name from the account of his speech, either by placing his name in the margin or on a separate line — thus giving the impression of direct quotation — "whereas Cotton may read, for instance, 'Then Sir Francis Hastings said that. . ,'.17 Though there may thus be some doubt about the words actually used by Commons speakers in these manuscripts, Cotton's record of the substance of what was said is not materially challenged by the other versions of proceedings. Though the value of his work is apparent, the identity of the journalist remains unknown: D'Ewes did not know it, though Neale (characteristically perhaps) detected enough to describe him as 'our robust Puritan diarist'.18 It is easy to assume that the comprehensive nature of the interest shown in the opening and closing proceedings - including details of formulae used to deal with bills accepted or rejected by the Queen at the end - shows a fascination which reveals the eye of a newcomer, but it could equally be argued that the infrequency of parliamentary sessions guaranteed the survival of an element of

Introduction

novelty on these grand occasions for most men. There is no sign that this unknown member participated in debate himself; and if he did, he was obviously not, unlike Townshend in 1601, keen to include acknowledgement of his contributions. The longer version of this diary in the Cotton manuscript contains some passages which might reveal something of the character of the diarist. The long account of the dealings in the sectaries bill,19 described as 'strange' and 'extraordinary', might be revealing. But it remains largely a narrative, even when the anxieties about the drafting are related. Members' concerns were for the 'best subiectes', and there were subsequent disagreements about whether to confine its operation to those believed to embrace all 12 of the articles of faith said to define a Brownist. The narrator also goes to some trouble to establish that mere recusancy was not to fall foul of the law, and crucially to define the meaning of'conventicles'. Though he believed that the proviso concerning wives in the bill which eventually passed was in reality ineffective, it remains the case that this account reveals concerns on a wider, rather than a narrower, personal, front. Similarly, we look in vain for revelation of personal sympathies when James Morice's fate became clear on 28 February: at this point, our journalist makes the briefest of factual entries.20 Otherwise, the special interests of this member seem unyielding of clues about identity. The rules of the House concerning committees and divisions, and a number of private bills, especially Englefield's, attract a good deal of attention, though these are dry and even technical, rather than immediately personal, matters.21 At the point where the retailers bill was debated, the Cotton manuscript records that Palmer, one of London's members, spoke 'very well' against foreign retailers, though whether this is an objective description or a statement of partisan agreement with Palmer's point of view cannot be determined. Entries which come closest to revealing the journalist's personal views remain tantalizingly unspecific about identity. Commenting on the rapid progress of a bill for maimed soldiers, the diarist writes: 'God send as good speed as here was haste.'22 And he was, he said, anxious to hear Speaker Coke deliver his opinion on the Fitzherbert case: the proposal was willingly assented to, for they desired it, 'at least I did'.23 These personal glimpses, which are not present in all the copies of this journal, nevertheless are not revealing enough: they may be defining, but not sufficiently defining to allow even glimpses of who the individual responsible 14. See D. Dean, p.24, n.66. Cotton's 'wrong' dates are: Thursday 27 February (correctly Tuesday); Thursday 14 March (correctly Tuesday 13); Thursday to Saturday 16-18 March (correctly 15-17); Tuesday 26 March (correctly 27); Tuesday 28 March (correctly Wednesday); Monday to Saturday 3—8 April (correctly 2-7). 15. See OED. 16. F.69.

17. 18. 19. 20. 21. 22. 23.

F.49. EP, 11.272. Fos.92-5. F.34. e.g. fos.54v, 6iv, 64v, 66v, 71-2. F.84. F.86: there are also comments about committee members' tiredness, and animosity to bishops voiced in the debate on the bill concerning sales of Church lands (fos.9O, 9iv-2).

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might have been. Some link with Heneage may be indicated by the way in which Sir Thomas's contributions are noted. Again, a close interest in the Fitzherbert case, and in Coke's performance, may show a legal background, but this does not narrow the possibilities enough. This member after all compiles an account, as we have seen, of a broad range of Commons proceedings, and his intent was clearly to demonstrate the nature and workings of the House, not his own character. Similarly, a number of problems arise when we come to consider the journal composed by Townshend for the 1601 session.24 In the first place, there are at least 12 copies - complete or otherwise - of the journal in existence: at least one other is probably in private custody because we know of sales in the London salerooms over the years.25 The survival of so many copies of Townshend's journal in manuscript form, let alone its publication in Historical Collections in 1680, is itself testimony of its value as an account of Commons proceedings without parallel in the reign of Elizabeth.26 The MSS are not identical through and through, but they may none the less be grouped in various ways. Pollard noted that while all the MSS he had seen had appendices of one sort or another (except Cotton and Stowe 358), some included items which were meant for incorporation into the main body of the account of proceedings itself, whereas in other cases these had been included on the appropriate days. It seems clear that Townshend made notes of what he saw and heard in the Commons, and that these took the form of a journal which spanned the length of the whole session, and which was written up in some form shortly after the closure in December i6oi; 27 but Pollard believed that those MSS which do not incorporate the items and which still have them - together with the instructions for their correct placing - in appendices, are more 'authoritative' because they preserve Townshend's instructions.28 This in itself raises interesting issues, for it prompts a question as to what kind of journal Townshend was trying to compile. We refer, glibly perhaps, to Townshend's journal, yet this must necessarily be a kind of shorthand, for what has survived emphasizes that our knowledge of the evolution of this - or perhaps any - journal is incomplete. The problem begins because we do not know which, or whether any, of the MSS we have is Townshend's autograph journal: we know of no letters or other documents in his own hand with which to make identifications. And the fact that most of the MSS are in a clerical rather than an individual hand may rather indicate that we have the work of scribes. The secretary hand employed in so many of them was in use for a number of decades, and well into the seventeenth century, so that it is impossible to date them with any precision unless we have other knowledge of their origins. Pollard seems to have thought that the incomplete Cotton MS is an early copy29 because it carries the inscription 'R.C.B. 23 July 1607' on folio 202. But this appears on one of the folios (from 200) which come at the end of the volume and appear at some time to have been folded, and which despite the heading on each page (as throughout the MS) reading 'Parliament anno 43 Elizabeth' - deal with land usage in Leicestershire and other counties.

Introduction

These folios may at some time have been a separate item, therefore, which subsequently became bound up with the papers forming the bulk of the volume. Equally, the item may simply be a copy of information which seems to have been gathered at the Earl of Northampton's behest in i6o7.30 The MS is, in any case, made up of papers whose watermarks indicate different times of production and which have been bound up in random order. It could even be that the task of copying out what is a very long journal, though not completed here, was not undertaken as a continual process, but proceeded piecemeal over a period, possibly years. The Cotton journal is, moreover, one of a number of MSS where the secretary hand is 'contaminated' with elements of italic, so that for instance two forms of 'h' - with or without descender - appear in the same document. And if we assume that this denotes a stage of calligraphic development later than 'pure' secretary style itself, then we can at least suggest a rudimentary relative chronological arrangement for the copies.31 This would show that the Petyt, Rawlinson and Stowe 362 MSS appear to be the earliest of the journals since they are written in a 'pure' secretary hand and so pre-date Stowe 363, Cotton Titus F.ii (and Stowe 358), Finch-Hatton, Harley 2283 and Gorhambury which are more 'transitional' because elements of the italic script appear. The Cambridge MS, with apparently the most individualistic of the hands, is probably later than these. It is bound up with a copy, perhaps in the same hand, of the True Relation of 1628/9 and was, therefore, not written earlier. Harley 7203 and Egerton 2222 are certainly to be treated as products of the late seventeenth century at least. It is tempting to assume that some of the earlier of these MSS arose out of the interest of Sir Robert Cotton and his circle in parliamentary affairs of the 24. Cf. A. F. Pollard, 'Hayward Townshend's Journals', Bulletin of the Institute of Historical Research, 14 (1936-7), 149-56: a review of some of the MSS. Pollard appears to have attempted a preliminary classification of the MSS according to their estimated date of composition, but he also indicated some of the problems of trying to locate the 'real' Townshend. 25. A copy of the journal, thought by Pollard to have belonged to a member of Lincoln's Inn was sold for three guineas in March 1936 to the bookseller Charles A. Stonehill. Catalogues for some of Stonehill's sales are in the British Library, though they reveal nothing of the subsequent fate of the manuscript. We also know that a copy of Townshend's journal was bought at Sotheby's in July 1951 by P. Dobell, who paid £6 ros. for it, though the Dobell sales catalogues in the British Library are also unforthcoming about its later history (pp. 150, 162).

26. See J. E. Neale, 'The authorship of Townshend's "Historical Collections"', EHR, 36 (1921), 96-9. 27. Pollard, op. at., pp. 150-1. 28. The manuscripts which include items in their appendices together with instructions for their placement are: Egerton 2222, Harley 7203, and Petyt 537/16. 29. Pollard, op. tit., p. 150. 30. K. Sharpe, Sir Robert Cotton, 1586-1631: History and Politics in Early Modem England (1979), p.117; at f.i98, similarly headed, is a copy of proceedings in the bill of apparel in 1576. And see Catalogue of the Library of Sir Robert Cotton by Thomas Smith (1696), ed. C. G. C. Tite (1984), p.2n for the practice of 'backdating' documents. 31. Giles E. Dawson and Laetitia KennedySkipton, Elizabethan Handwriting 15001650 (1981 edn.), pp.102, no, 112.

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day, either those of 1601 themselves, or perhaps as part of the general antiquarian and political interest which burgeoned in James I's reign. It is ironic, however, that the MS in Cotton's own collection should be incomplete, especially as Townshend himself was involved with the Society of Antiquaries,32 and Ralph Starkey, another collector of books and papers and a copier of manuscripts himself, was closely associated with Cotton too. It has been suggested that Starkey was responsible for the account of proceedings in the parliament of 1610 to be found in Cotton Titus F.iv, but the hand there is certainly not that (or those) which appear in Titus F.ii.33 It is well known that on his death Starkey's books and papers were purchased by D'Ewes and that from his collection they made their way into the Harley collection at the beginning of the eighteenth century. Yet the hand of the Townshend journal of Harley 2283 is not that of Titus F.iv, or indeed that of those items in Harley 354 which are also said to be Starkey's work.34 The pure secretary hand used in the Petyt MS is, however, very similar to that of Harley 354, and it is possible that if the manuscript is Starkey's own autograph it could have been obtained by Petyt from the D'Ewes collection before the latter was sold to Harley, but we do not know much about the D'Ewes' books and papers between his death and Harley's acquisition of them.35 The Petyt Townshend itself follows on in the same volume from an account of proceedings in the Lords in 1621, probably in a different hand, but seems to be an integral part of the volume, and may not therefore pre-date it, and could consequently be Starkey's work. We can begin to categorize the copies in various ways, then, either by the way in which their material is arranged, or by trying to establish when they were compiled. A number of the copies, borrowing Pollard's term, may be called 'authoritative': Egerton 2222, Harley 7203, Petyt, and possibly the incomplete Cotton Titus F.ii (and Stowe 358). These versions share the characteristics of preserving what are apparently Townshend's instructions about the location of items which appear in the appendices (though in the case of the incomplete Cotton and Stowe we have no appendices), namely the morning prayer of 31 October (Pollard calls it the Speaker's prayer) and Townshend's own speech which he delivered in support of the solicitors bill on 9 November. But the appendices in these three MSS also include a version of the audience which the Queen gave a large delegation from the Commons on 30 November, and four other items (five in the case of Petyt).36 These MSS, therefore, have two versions of the meeting with the Queen on 30 November, one presumably compiled by Townshend himself as he stood and listened that afternoon, and one included in the appendices, said to have been obtained from the Speaker himself. The latter provides a fuller, more polished version of Elizabeth's famous speech, and it was clearly seen as the better account by compilers of the less 'authoritative' MSS because it appears there in the body of the text at the expense of Townshend's own account. Three MSS (Cambridge, Gorhambury and Finch-Hatton) have Townshend's account and none other. Another immediately obvious difference between the MSS is to be seen in their opening titles; and interestingly enough the 'authoritative' versions share

Introduction

the characteristic of not revealing the authorship of the journal in a title which simply proclaims it to be 'an abstract of certain observations, notes and other things in the parliament holden at Westminster . . .', and then specifying the opening and closing dates of the session. Pollard seems to have thought that the Egerton MS alone had no express attribution of Townshend's authorship, though he realized that,37 at the point where the solicitors bill was introduced, Townshend clearly announces his authorship, as indeed he does at several points later.38 He was wrong, however, to suppose that Egerton was in a class of its own here, for Harley 7203 and Petyt follow the same pattern in this instance. Perhaps the more interesting point is that the Cotton MS (and Stowe 358) at no point indicates that it is part of a journal of Townshend's, either in the title, or at those points where he spoke on the solicitors bill, and the perjury bill of 17 November, or indeed, at his intervention in the debate on 21 November in the monopolies committee; and, of course, there are no appendices to these incomplete copies where his name might otherwise have been mentioned. Otherwise the more finished versions of the journal, perhaps because they were worked up by others, have titles which clearly announce Townshend's name, either as a member of Lincoln's Inn, or as a burgess, a variation which in itself may have arisen from the circumstances of the process of copying the MS in each individual case: obviously, an account of the proceedings of a legislative assembly would have been of immediate interest to parliamentarians (in the broadest sense) or students of the law, even more particularly to fellow members of Lincoln's Inn. What is the significance of Pollard's notion of authoritativeness? He suggested that Townshend was able to produce such a rich account of parliamentary events because he was, by 1601, employing a form of shorthand notetaking while sitting in the House, though as we have already seen, he was able to rely too on access to other material through his contacts with others, and there are several points at which the note 'quaere' occurs, perhaps indicating that clarification of particular points was to be sought and included at some point in the future. It may therefore be unsafe to assume that even the most 'finished' of the copies we have represents the completion and polish which Townshend himself - at least at some point - envisaged. Equally, to suppose that he left his journal unfinished, because in some cases we apparently have his instructions for the inclusion of items, must not be taken to preclude the possibility that he, or someone acting under his authority, produced a 'finished' 32. Sharpe, op. tit., Ch.i. 33. Sharpe, op. cit., p.251. 34. Andrew G. Watson, The Library of Simonds D'Ewes (1966), p.26; C. E. Wright, Fontes Harleiani (1972), p.314. 35. Watson, op. cit., pp.54-6. 36. They are: a list of members of the Commons; the daily tally of bills read throughout the session; the Lord

Keeper's address to the justices in the Star Chamber; the Spanish general's letter for the Irish Catholics; and (Petyt) the pedigree relating to the bill for Willoughby, which in Stowe 362 and Harley 2283 is incorporated into the text. 37. Pollard, op. cit., p.i5i, n. 38. e.g. on 17 and 21 Nov.

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version as well, now to be seen in those MSS which incorporate the prayer, the solicitors' speech and the Speaker's account of 30 November. We cannot assume, in other words, that the Egerton MS and its like are in some way necessarily superior because they still carry Townshend's instructions. The instructions were, after all, presumably meant to be carried out by someone, and it is unlikely that Townshend would not eventually have included his own speech on 9 November in its rightful place. An interesting point arises from the Cotton copy: at the point where the prayer should appear the text has an instruction to the reader to refer to folio 179, while at the moment of Townshend's solicitors' speech we are enjoined to consult folio 182: these have no relevance to any current or previous foliation in Titus F.ii itself- though the text of the journal runs from folio 149 to folio I96v — and must refer therefore to another MS source, either lost, or not immediately identifiable; but the proximity of the two references one to another may indicate that Townshend was relying at this point on a 'file' of his - which perhaps was a compendium of speeches, including his own - rather than to a fully written-up version of the journal. The other 'authoritative' copies differ from Cotton in that we are not given a folio number where the items can be traced. The blanks which appear instead may perhaps be the result of the scribe's failure to fill in the folio numbers (assuming the folios were numbered at the time) once he got to the end of his arduous task of completing the long copying process involved. Generally, when the items appear in the appendices we are also told that they must be placed at the correct point in the text, again with a blank instead of a folio number. At this point, however, Petyt tells us (f-494) that the prayer has to be placed 'in folio 10 of this booke', though this makes no sense in relation to the current foliation of the MS (and there is no evidence of an earlier one), the point at which the prayer is to be inserted in fact appearing on the sixth folio of the account, currently numbered f.3O4.39 Stowe 363 also has neither of these items, that is the prayer and Townshend's solicitors' speech, in the text: it refers to the location of the prayer at an unspecified folio, but it does not appear among the manuscript's three appendices, while the solicitors' speech is simply said in a marginal note (possibly another hand) to have been omitted.40 Finch-Hatton omits the prayer, though the point at which it should have appeared is at folio lov. Can this mean that the Petyt MS, discussed above, is derived from Finch-Hatton, where there would thus have to be an appendix which had presumably noticed that the text at folio lov does not include the prayer, and therefore gives the instruction for its insertion there? However, Finch-Hatton has only one appendix (the daily tally of bills), and its text is characteristically more elaborate in its wording than other versions, and may therefore be a clerk's 'improvement' of his source, rather than being a source which other MSS simplify. It is also unlikely that the reverse process occurred here, namely that Finch-Hatton derived from Petyt: Petyt's instruction to place the prayer at folio 10 is unlikely to have been achieved to the extent of drafting the text so that the point at which the prayer ought to have appeared was on folio 10, though without

Introduction

inserting the item itself. It is most likely, in fact, that the apparent link between Petyt and Finch-Hatton on this count is purely coincidental, particularly as there seems to be no obvious connection between the two MSS in other respects - the opening titles are different, and Petyt's eight appendices contrast sharply with Finch-Hatton's one. It is difficult to conclude that the arrangement of contents, or the apparent time of composition of the MSS of Townshend's journal give unequivocal guidance in the problem of selecting a copy for printing. The quality of the contents must be the guiding principle, and indeed, if we were fortunate enough to know of a manuscript which was indisputably Townshend's own, it is still conceivable that another MS would be 'better', simply because Townshend's MS could at some points be seriously flawed, or make less sense than another. There is, in other words, a danger of accepting an inferior 'original' simply for the sake of originality, rather than taking into account the nature of the individual manuscripts. The object must be to offer the clearest and fullest account of proceedings in the Commons. This may mean that the quest for the 'original' Townshend has to be relegated to second importance, and that we have to consider printing a copy which, when compared with others, offers the best sense and meaning overall, even though on occasion it has deficiencies when placed alongside other copies. In the light of these considerations, it seemed preferable to print a manuscript which incorporates material within the body of the text at the point Townshend intended, and which also adopts the version of the audience with the Queen on 30 November which Townshend apparently obtained after taking his own notes of the occasion: it is of course interesting to compare this with Townshend's own record of the speeches on that day, and the latter has therefore been reproduced here as an extended endnote. The text selected for printing must also make good omissions and obvious errors which may appear in the other versions, but no individual manuscript is entirely free of these shortcomings itself, just as no single version will always make sense where others do not: we select the 'best' version, though we cannot expect - in this case at least — a perfect version. Clearly then, of our collection of MSS, PRO SP46/i66, BL Cotton Titus F.ii, and Stowe 358 must be excluded because they are incomplete. Stowe 363 omits the prayer and Townshend's solicitors speech; Stowe 362 has many readings which can be improved and corrected from most of the other copies, and therefore seems to be almost uniquely defective; Harley 2283, while being among those versions not suffering from these shortcomings of Stowe 362, has others of its own: significant parts of the text have been omitted, and moreover its rendering of names is often unreliable; the 39. The Camb. MS incorporates the Townshend solicitors' speech in the text, but also carries the instruction that it 'must bee placed in fol. 47' (£35), again, a reference which has no meaning in this MS, so that it looks in fact as

though the copyist in this case has actually written the instruction into the text from the point at which he found it in his source. 40. Fos.Sv, 33.

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Cambridge MS is also sometimes unreliable in naming speakers, and - along with Finch-Hatton - it has the Townshend' version of the audience of 30 November only, and also misses the morning prayer, though as we have seen it was apparently copied from a source which contained the prayer itself; the Gorhambury copy is a disappointing version in that it seems to have been significantly truncated at some points: there are no appendices at all (the only one of the completed copies to fail to give them), and no prayer. The speech on solicitors is not attributed to Townshend. There is only the 'Townshend' version of 30 November. It has also solved the problem (often occurring) of an incomplete list of monopolies and their holders which appeared in the debates simply by omitting several items if any of their details were missing in the source document. If one were forced to rely on the Gorhambury copy alone, therefore, one would have a list of grants, described and with the names of their holders, but it would be a considerably shorter list than is available in other MSS of the journal, albeit with gaps in the information. These are only some of the more obvious drawbacks of these versions: a fuller range of their particular idiosyncracies, errors and omissions will be apparent in the footnotes. This leads to the conclusion that the Rawlinson MS is suitable for adoption here. There is nothing in its appearance which immediately suggests that it is 'original', and it is written in a neat and compact secretarial hand, perhaps in the earliest years of the seventeenth century: it was one of the many bequests which Richard Rawlinson (1690-1755) made to Oxford. It is, of course, not 'perfect': one obvious, though relatively unimportant, omission is the pedigree which other MSS include in the case of the Winchester bill on Saturday 7 November; it does however leave a blank space for it (fos.23V-24), so the copyist clearly knew of its existence, probably had had sight of it, and knew roughly how much paper he would need to incorporate it — his failure to do so may have been simply a slip, or even totally beyond his control. In any event, this omission does not look like the product of a slipshod approach. Pollard wondered if this copy could indeed be Townshend's own, and on the basis of what has already been said, that possibility should not be ruled out: the hand itself, while clerical rather than individualistic, appears to be rather earlier than that in other copies, so that in this respect alone it could be seen as being closer to Townshend himself. The survival of so many copies of the 1593 and 1601 journals may not be surprising. It is perhaps significant that Townshend's much shorter account of the 1597 session does not seem to have generated the same degree of copying activity; though five copies of Townshend's journal for this penultimate Elizabethan parliament are known to have survived.41 The differences between them are slight rather than major, though the Finch-Hatton and Hargrave versions appear to be later copies, and their opening few lines are briefer and more 'matter of fact' than in other manuscripts, giving no indication of the journal's authorship ('. . . being nowe burges for Bushopp's Castle in Shropsheire'): they also omit phrases from time to time which appear in the three other manuscript copies. The Cotton manuscript (and its copy Stowe

Introduction

358) clearly derives from another source as it forms part of the long compilation of Elizabethan parliamentary proceedings which comprise Titus F.i and ii. All in all there is no obvious reason to depart from Pollard's decision to prefer Stowe 362, though this does not mean that it is a flawless version. One obvious case of mistranscription - either by Townshend if the MS is his own, or by the clerk responsible for copying from the untraced, or lost, original - appears on folio 6 where 'there' ('. . . I could not heere there wordes togather') has been written for 'three', a mistake rectified in the other copies.42 It remains possible that the existence of more copies of the longer journals for 1593 and 1601 is simply the result of the way these manuscripts have survived, or failed to survive, until the present day; but, in both these cases, we are considering journals which are, in comparison with other unofficial journals of the earlier part of the reign, unusually full in their coverage of Common's proceedings: even Cromwell's fullest journal does not seem to have excited as much interest. The journalist responsible for the 1593 compilation was, like Townshend in 1601, very keen to produce lengthy accounts of business and debate. Whatever the initial motivation, it is not hard to appreciate that such accounts would be of interest at least to other members of Parliament and students of law, let alone others. The early decades of the seventeenth century - when some of these copies were made - were, after all, the time when D'Ewes produced his own compilation (by 1630), and its publication in 1682 was testimony to a continuing interest in its subject matter.43 Robert Cotton himself was a member of the 1601 parliament, and some members of these last sessions of Elizabeth's parliaments served what was to be their apprenticeships at this time, cutting their parliamentary teeth before continuing service under the early Stuarts. Moreover, part of D'Ewes' achievement depended on being able to combine his reading of the official Commons journal with such other accounts, including the 1593 and 1601 journals, as he could lay his hands on. But before his work appeared in published form in 1682, access to it must have been limited. In any case, as the official Commons journals were lost in all probability by 1660, if not before, then these accounts could have appeared to be all the more valuable as seemingly comprehensive records of Commons proceedings which could not be found elsewhere.44 The multiplicity of copies seems to be an obvious indication of interest in parliamentary matters; yet it is the shorter account of the 1593 journal which has 41. See title page for Townshend's journal 159742. Pollard, pp. 1-2. 43. The secretary hands employed in many of these manuscripts can only indicate a time of composition fairly imprecisely, say, at some time from 1593 until the mid-seventeenth century, though the 16205 or 16305 may be more likely; and the Bodleian and Lincoln's Inn are

probably later seventeenth century at least. Many of them also seem to be the work of more than one scribe. 44. J. E. Neale, 'Commons journals of the Tudor period', TRHS, 4th series, 3 (1920) 151-62; S. Lambert, The clerks and Records of the House of Commons, 1600-40', BIHR, 43 (1970), 215-31.

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survived in so many copies. This is perhaps surprising, and it is impossible to determine the original text from which the shorter versions of the journal were copied, or to suggest why, therefore, it may have commanded more respect than Cotton's fuller version. The explanation may be a straightforward and mundane one, namely that a clerk copying from Cotton reduced the formidable task before him simply by abbreviation of material. But it is probably more likely that the shorter versions are the result of a conscious decision to produce an account of proceedings which concentrated much more on bill readings than on the longer descriptions which Cotton contains, even though they also from time to time 'fleshed out' the more rudimentary format which Cotton sometimes exhibits. We may, therefore, have to recognize that a fuller account of business was not apparently automatically of more interest in the seventeenth century. D'Ewes' description of his sources leaves little doubt that he had access to Cotton's running collection of parliamentary material in Titus F.i and ii, and therefore to Cotton's 1593 journal.45 He obviously found the 1593 journal invaluable; but it is not clear that he made full, or even sole, use of the Cotton version for his section on 1593: he does not make use, for instance, of its analytical passage on the passing of the sectaries bill. His reference to Cotton's manuscripts appears in his preface where he acknowledged his sources for the whole reign, and subsequent references to the anonymous journal were nonspecific: there is, then, no obvious reference which allows easy identification of any particular manuscript he may have had at his disposal, other, that is, than Cotton's. Claims that the Cotton manuscript itself, or the Harley 1888 version, were his source cannot be conclusively proved.46 It may be important in this connection to note that D'Ewes marginal comment citing Holinshed's Chronicle for the Ferrers case47 appears in the Bodleian Library manuscript (Add.CiyS), as well as Harley 1888 in the British Library. D'Ewes also prefaces his account of the 1593 Commons proceedings by reference to the succession issue, that is to the activities of Peter Wentworth and others, and to the statement that this occasioned 'some unusual distaste', words which appear in the title of some of the versions of the journal, namely the Harley (1888), Petyt, Finch-Hatton, Bodleian and Lincoln's Inn manuscripts.48 This does suggest that, in addition to Cotton, D'Ewes had access to at least one manuscript whose title was more fulsome that Cotton's and referred to the succession problem, as well as having a detailed marginal reference to Holinshed's Chronicle. Harley 1888 and the Bodleian manuscript fit the bill on both counts, though the hand used in both cases suggests a time of writing subsequent to that of D'Ewes' own manuscript, so that we would have to imagine that a further untraced manuscript showing these characteristics was his source. The survival of single parliamentary speeches may be another clear and obvious sign of an interest in parliamentary affairs, as with the journals, though a fascination with leading political figures in their own right probably plays some part here: single speeches were reproduced, for obvious reasons in the

Introduction

case of prominent personalities like the Queen herself, or her leading officials. We are, however, not always as fortunate in being able to draw on large numbers of copies for our information. In the case of Lord Keeper Egerton's opening speech to Parliament in 1597, for example, we rely on a version of the official Lords journals in the Stowe MSS, which may have been the source of Simonds D'Ewes' own account of the speech. Other separate copies do not apparently exist. Another source which includes versions of speeches in the three parliaments included in this volume is Sir Roger Wilbraham's journal, which was edited for the Camden Society in 1902.49 The original manuscript appears no longer to exist, and it was probably destroyed in 1929 when Lathom House, where the Bootle-Wilbraham of Lathom papers were kept, was demolished and the contents of the muniment room were said to have been 'fed into the furnaces at Blaguegate Colliery'.50 Our biggest loss, however, may have been another substantial journal for 1601, namely one kept by Sir William Twysden. Its existence is referred to by Twysden's son Roger in his own account of Elizabeth's parliaments, to be found in Stowe 359 in the British Library. The manuscript is a large folio volume written in a small neat hand, with headings along the tops of the page in red ink. Roger Twysden says that 'this booke I collected and writ out of Sir Simonds D'Eux his memorialls' while in prison at Lambeth House in 1645. This should be taken literally, for though Twysden frequently refers to the journal of the Commons and describes the clerk's so-called shortcomings, it is clear that all these references are D'Ewes' own. Twysden's main purpose was to record the orders, privileges and manner of proceeding, and he had been particularly careful, he said, to note private bills from the clerk's journal (via D'Ewes). There is not generally speaking the same inclination to record extensive details of debates in the way Townshend was keen to do: his account of the debates on 20 November, for 45. The Cotton manuscripts had, therefore, been made at the latest by 1630 when D'Ewes' work had been completed. 46. D. M. Dean, p.24, n.65 for references tc the BL catalogue and Commons. D'Ewes' rendering of problematic readings is not conclusive, e.g. on fees for doorkeepers (D'Ewes, p.468/Cotton, f.2o), on 'Ferris and Tenure's' case (D'Ewes, p.4827 Cotton, £41) and Francis Bacon on taxation and the English (D'Ewes, p-493/Cotton, £51). 47. D'Ewes, p.479: i March. 48. The title (from Petyt) is: 'A journall of the parliamentarie proceedinges in the Lower House, anno 35° Elizabeth anno domino 1592, very laboriouslie collected though in divers places somewhat defective, beinge cheiflie called for

consultation and preparation against the ambitious and proud designes of the Spanish kinge; in which alsoe some unusuall distaste happened betweene her Majestic and the House by reason of their intermedlinge with her Majestie's successor to the Crowne, which shee hadd forbidden. This session beganne on Munday the i9th of Februarie 1592 and ended Aprill the 9th 1593.' There is no indication about what is meant by 'somewhat defective'. 49. By Harold Spencer Scott: Camden Miscellany, x (1902). 50. I am indebted to the Liverpool Record Office, Lancashire County Record Office and the Earl of Derby's estate for this information and suggestion.

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instance, on the bill for coming to church and on monopolies only occupies ten lines. Twysden claims to have had access to two additional sources for the session of 1601, namely Townshend's journal and his own father's account, though this is the one which has long since disappeared. These journals, says Twysden, concurred 'many tymes in the very same words', except that his father Sir William Twysden had sometimes omitted the names of speakers; but it was clear, he says, that this similarity was a mark of the reliability of each of them.51 It is apparent from the passages which Twysden draws from Townshend's journal that, although some words have been taken verbatim, the general approach is to summarize and epitomize. There are a few occasions on which he specifically acknowledges his father's journal, but again it looks as though summary is the method rather than direct and extended quotation. Twysden thus provides material which does not appear in Townshend or D'Ewes, but this seems to be by means of paraphrasing and epitomizing his father's work; and Neale's view that the Twysden journal has disappeared seems to be strictly correct: we cannot safely assume that the 'snippets' he referred to are exact and direct quotations from his father's account.52 They have not, therefore, been reproduced as a separate document here, though attention is drawn to them at relevant points in Townshend's text below. Many of the documents included here - or parts of them - have become familiar to more than one generation of student and scholar through the medium of Neale's account of proceedings. He had been responsible for printing some of them years before Elizabeth and her Parliaments made them more accessible: in this volume, Lord Keeper Puckering's opening speeches in 1593 had appeared in the English Historical Review in 1914. But Elizabeth and her Parliaments was avowedly a selective narrative, and though he often cited long passages from the manuscripts to support his unfolding story, other parts were perforce omitted. But there is an enduring freshness about a speech read anew, and in its entirety; and the hope is that this collection of documents informs and enlivens enquiry and understanding, and prompts re-examination of the issues, even where familiarity initially seems to rule out total surprise. There is much here, on the other hand, that Neale did not use. The huge 1593 journal, for instance, was called upon mainly for the stories of the subsidy, and sectaries and recusants. The James Morice episode could be told from other sources to all intents and purposes, and otherwise one or two examples were drawn from its pages to illustrate Neale's belief about tension between Commons and Lords. Arguably, his earlier work, The Elizabethan House of Commons, used the journal in a way which more accurately represents the overall makeup and balance of that journal, in that it reflects its apparent attempt to present a flavour of the daily business of several weeks conducted by prominent men with leading and directing roles, other well-known speakers, and some too obscure to be named, or too distant (literally) to be heard. Some of the uncertainty about the specific rules of functioning as a deliberative body with the extensive tasks of law review emerge in the frequent entries concerning precedent, and the variety of prospective laws is wide and well represented,

Introduction

both by the journal of 1593 and by Townshend's own efforts, especially his 1601 diary. Long ago, Neale was also critical of the anonymous journal of 1593 because in a number of respects he found it defective.53 As we have already seen, there are problems, not only in the Cotton manuscript printed here, about the dating of proceedings, though these can be quite readily resolved. The compiler also appears to get confused about the Speaker's petitions to the Queen at the start of the session by bringing in what would normally have been part of his plea at the end of proceedings that she assent to bills which had passed both Houses. There is also the question of the Lord Keeper's famous response on free speech, for wThich there are two versions in the surviving manuscripts. It is clearly unreasonable to expect any document of this sort to be wholly free of problems: if we speculate correctly about the raw state of the original from which the manuscripts ultimately derive, and about its reliance on note-taking on the spot, then it would be strange if errors - arising from mis-hearing and feverish scribbling - did not occur. The insertion of some material into the body of the text, most obvious in the case of the peroration on the sectaries bill, supposes a conscientiousness not necessarily incompatible with this, for we cannot assume that the Commons member had the opportunity or time to check all his material, or indeed that he even saw the need to question what he had already gathered. Beyond this, it remains abundantly clear that the journal is of immense interest. Whatever its faults, it does for instance yield information on 40 bill readings in 1593 which are unaccounted for in D'Ewes' own record.54 It is particularly interesting that four of these bills (those for Sidney, Cumberland, Knightley and Englefield) relate to personal matters which were of major importance to individuals and which they felt needed to be addressed by means of parliamentary legislation. This is evidence of the balanced account produced by the anonymous journalist, balanced in large measure because of its fulsomeness and the willingness of the journalist, or compiler, to produce much more than a mere sketch of proceedings. Here we have coverage of a wide range of legislative matters and some signs of a sharp eye for recording in the broadest sense how the Commons worked, from collecting for the poor to questions of outlawry and membership. If the journal was not a personal aide-memoire it could easily have served as a kind of manual in this respect - an introduction to the mysteries of Commons proceedings.55 The separates printed in this volume include a number of speeches of varying quality; and the parliament of 1597 offers perhaps the best illustration of how wide the variation could be. The opening and closing proceedings drew forth two strikingly differing contributions. Lord Keeper Egerton was 51. BL Stowe 359, fos.i3, 3oiv. 52. EP, ii.siy. 53. J. E. Neale, 'The lord keeper's speech to the parliament of 1592-3', EHR, xxxi (1916), p.128; J. E. Neale, 'Peter

Wentworth', EHR, xxix (1924), p.i86, 192. 54. D. M. Dean, pp.29-30; Appendix, p.258. 55. See session introduction.

xxix

xxx


businesslike and competent; but Speaker Yelverton's efforts were of a different order, even though he was arguably responding to the need, as was Egerton, to say something conventional on a very formal occasion. There is no reason to dissent from Neale's view that Yelverton's speeches were 'surpassing' and 'delightful exercises', beautifully crafted examples of captivating prose, at least in their surviving form.56 It is also easy to understand why Bishop Westphaling's speech did not have a similar impact: though it was apparently meant for the debate on the subsidy, and though it is stylistically sound enough, it scales no oratorical heights and also fails to deliver a clear message.57 There is also a good deal of variety among the versions of Elizabeth's speeches during these sessions. She appears to be at her most tellingly inspirational when her words are captured by members of her audiences; when we turn to what may have been 'official' versions of what was said on these occasions, that is accounts which the Queen herself may have sanctioned for publication, the story is different and the quality is less immediate, more complex and even impenetrable. It may be that these were difficult times when Elizabeth felt the need to publish a 'correct' record of what had been said.58 In these 'official' texts the Queen appears to have given in to an irresistible desire to revise her words: what may, in some cases at least, have been stirring near-extemporal utterances were polished into dullness and even opacity. The essence of a great speech - simple meaning delivered with memorable, crystal-clear words almost disappears in favour of typically Elizabethan over-complicated clause structures. The problem of trying to find Elizabeth's authentic voice in differing versions of her speeches may, of course, reveal something of the Queen's enduringly enigmatic nature - yet it also reminds us that other documents printed here retain, perhaps unavoidably, elements of mystery of their own. It may never be possible, for example, to identify the anonymous journalist of 1593, or the exact nature of Townshend's own journal for 1601; or, indeed, to determine with certainty why they were compiled in the first place. Looking further afield, the story of the evolution of D'Ewes' own journal and his use of some of the manuscripts included in these present volumes is an intriguing and complex story in its own right.59 It is also clear that when Neale originally thought about publishing accounts of parliamentary proceedings, he did not intend to build a complete collection of parliamentary material - texts of surviving bills, for example, were not included. His main intention appears to have been to demonstrate how the official, and generally stark, accounts of business in the Commons and Lords journals (and D'Ewes' rendition of them) could be richly supplemented, so that the bare bones of their record could, in many cases, be covered with the flesh of debate. On its own, his commitment to producing full versions of the sometimes extensive journals or diaries produced by individual members (used only selectively by D'Ewes) was an evidently sound one, and the true value of these accounts can perhaps now be appreciated by more students of Elizabethan history than has hitherto been the case.

Introduction 56. EP, 11.328, 329. 57. EP, 11.362. 58. Compare the anonymous journal's version of her speech with that which appears in Stowe, and Townshend's account of the 'Golden speech' of 30 November 1601 with what may have

become a printed version sanctioned by Elizabeth. 59. See D. M. Dean, p.27, n.78 for instance on the relationship between D'Ewes' and Robert Bowyer's account of the 1601 parliament.

xxxi


THE EIGHTH

PARLIAMENT!

19 F E B R U A R Y - I O APRIL 1593

Documents HOUSE OF LORDS

1. Headings (by Burghley) concerning the assembly of Parliament and the subsidy 2. Speeches by Lord Keeper Puckering at the opening of Parliament, 19 and 22 February 3. Burghley's speech for supply 4. Elizabeth's speech at the close of Parliament, 10 April HOUSE OF COMMONS

1. James Morice's account of his speech on 27 February and his justification 2. James Morice's speech and the debate which followed, 27 February 3. Speeches by Nathaniel Bacon and Henry Finch on the recusants bill, 28 February 4. Report on the Speaker's speech, 28 February 5. Sir Henry Union's speech on the subsidy, 7 March 6. Anonymous speech for maimed soldiers ? 24 March-5 April JOURNALS HOUSE OF COMMONS 1. Anonymous journal, 19 February-io April 2. Extracts of speeches on various days


Not surprisingly, the Queen's spokesmen in Parliament this session devoted considerable attention to the dangers confronting the realm as a result of the Spanish king's recent activities, especially in France and Scotland (Lords 1-3). Elizabeth's needs, as on previous parliamentary occasions, were most obviously for taxation, though there was particular urgency on this occasion. In Lords i, Lord Treasurer Burghley marshalled material relevant to the situation. The manuscript is not dated, though the references in the second section to ten parliamentary sessions which had met thus far during the 3 5 years of the reign place it at 1593, as does the reference to the Scottish 'blanks' in section u. It remains unclear if the information in this document was specifically intended for Burghley's speech, for while some of this background information, especially that relating to the Scottish episode, was incorporated into his own speech on the subsidy (Lords 3), much of the ground is also common - as Neale realized - to Lord Keeper Puckering's opening oration to the two Houses (Lords 2).1 Sections 13 and 14 in particular are concerned with subsidies, the latter highlighting problems of assessment and collection which Puckering spoke about. Burghley's speech appears in a manuscript, also undated, which bears only a simple heading descriptive of its content. The hand is Burghley's, however, and the text shows that he was writing not only with a parliamentary, but an Upper House, audience in mind. He refers to the occasion as the first since 1588 on which Elizabeth had had the chance to tell the 'states' about the dangers which still confronted them, and to the fact that the Lord Keeper had already spoken to the Houses. If all this is correct, then the document clearly belongs to 1593 - Lord Chancellor Hatton had presided in 1589 - and in any event Burghley's account of Spanish activities in Scotland alone confirms this. Furthermore, it may well be that the speech was made before i March, when the Lords asked for news about the subsidy from the Commons.2 Puckering's oration (Lords 2) placed a heavy stress on the gravity of the circumstances in which this parliament met: this is reflected both in Lords i and in the shorter account of the Lord Keeper's opening speeches which appears in the anonymous journal of Commons proceedings. We may thus be able to assume that Lords 2 is a fairly accurate version of Puckering's delivered words, if perhaps polished in this fully developed account. Much of what is set i. EP, ii.soi.

2. EP, iijoi.

4

The Eighth Parliament: 19 February-10 April 1593

down in its earlier part may be regarded as an orthodox introductory statement: it speaks of the Queen's reluctance to call Parliament, its infrequent assembly, and the subjects' willingness to grant financial aid without compulsion from the Queen. Thus much is omitted by the anonymous journalist, who seems to have epitomized, rather than directly reported, a large section of the oration. But the present occasion was special, said Puckering, because of 'newe and secrett' developments.3 The emphasis that was placed - both in this oration, and in his response to Speaker Coke's request for the customary liberties and privileges - on the need to provide for the safety of the realm and to shun more free-ranging activity and discussion are well known, though no less striking for that. 'Mispend not your good howres upon new and curious invencions', the Queen said through Puckering; and return to 'y°ur severall dwellinges where cache man in his callinge ought to make provision against the enemie.'4 The famous definition of free speech - rendered variously in some versions of the anonymous journal - made it clear that she would not allow full freedom, especially to those who wished to frame new forms of religion or 'a state of goverment'. 'She sayth no king fitt for his state will suffer such absurdities.'5 The note of acerbity which seems to have been communicated in Puckering's message here is present in both versions, though Puckering had also already reiterated one of Elizabeth's favourite themes, namely that although her wisdom may be limited, her love for her subjects was unsurpassable. The anonymous journal (Commons Journals i), though in some respects problematic, remains an invaluable account of proceedings in the Commons, and also includes opening and closing proceedings in the Lords. The journalist apparently tried to produce an account of business by recording the essence of what happened each day. In the version printed here, there is a record of bills, and frequent attempts to describe their intent, often providing fuller accounts than those which appear in other copies of the journal. The contributions of many speakers on a wide range of topics may also appear, recorded at greater or lesser length. A good example of epitomization occurs in the account of Morice's speech on the activities of the clergy, a speech which Dalton described as a 'long premeditated speech': in this instance we have other versions by which to assess the record.6 It cannot be surprising that there was much apparent interest in the Queen's role and her views on Parliament's role as represented by the Lord Keeper at the beginning and end of the session; or indeed in Elizabeth's own speech, though the journalist was not close enough to hear it all. But he did capture her rebuke to those who, she said, had treated Privy Councillors as though they were 'common knightes and burgesses of the House, who are councelors but duringe the parliament'.7 The role of the Speaker was probably another natural area of interest. Not only are Coke's opening and closing orations, as well as Elizabeth's message about prohibited bills, here, but the unknown member was also interested to note Coke's procedural rulings: for example, on the order of speaking if more than one member got up to speak at the same time; on the proper compass of the bill on recusants in relation to its preamble; on the


manner of continuing the committing of bills; on the treatment of bills coming from the Queen and on bills bearing Lords' amendments.8 He also recorded Coke's part in the debate on the Fitzherbert outlawry case at some length.9 It may be a mark of the journalist's own identity that this case exerted such fascination: a legal background may account for an apparent concern to record the arguments about legal precedents in some detail, just as it might explain a keen interest in what the lawyer Coke himself had to say. The contributions of many of Elizabeth's ministers also naturally find their places in this account, perhaps most obviously in the discussions on the subsidy, but sometimes in apparently surprising places as well: Cecil, for instance, seems to have been prominent in promoting the cause of maimed soldiers.10 The subsidy also naturally engaged much attention: the circumstances of its agreement, as well as its nature, were unusual, and lengthy sections of the journal are given over to it.11 The journalist also highlights the tension in members who were sent up by their constituents, but were in Parliament at the behest of the Queen. As Greville said in discussion of the subsidy, 'we must respect them that sent us hither. So must we remember also who sent for us hether.'12 Similarly, Wroth's unease about sequestered members was based on the view that some constituencies might complain that taxation had not been agreed by their own members.13 He was anxious too to note Bacon's thoughts on the nature of Parliament (during the debate on the Cumberland jointure bill): 'in this court representatively all men are present'.14 But the richness of this journal rests not only on its treatment of the obvious 'highlights' of the session and the detail devoted to them. There is much more besides. So, for instance, the entry for Friday 16 March consists of eight bills, some of them in one-line entries only, but in the case of a bill for the speedier punishment of petty larceny the journalist devoted space - as much as he had to reporting James Morice's speech - to explaining the background to the new measure and some of the problems associated with administering justice. This account presumably represents a summary of points raised in debate, though none is specifically noted.15 The following day a Lords bill on outlawry was read, and again the journalist produced a workmanlike summary of its intent and background.16 Later, on 26 March, some of the debate on the soldiers bill is noted, and this provides some of the context for the separate speech which has survived, and which probably belongs to 28 March (Document 6).17 On Monday 2 April, the outline proposals for the new bill were succinctly 3. 4. 5. 6.

BL Harl. 6265, f.iii. BL Harl. 6265, f.H2v. F.II4. See below. It is also interesting that the journalist offered no comment on Morice's arrest, £.34. 7- F.97V. 8. Fos.5iv, 59, yov, 75v, 76. 9. Fos.39v-4i, 86-8v.

10. 11. 12. 1314. 15. 16. 17.

See below. e.g. fos.29-30, 4iv-44, 44V-46. F.47. F-57F.57V. F.62V. F.63. Fos.74v-75.

5

6

The Eighth Parliament: 19 February—10 April 1593

summarized, one of the detailed accounts occurring for four of seven bills listed for this day.18 The status of foreign retailers was another contentious issue during this parliament, and the journalist devoted considerable time to it. On 20 March the proceedings of the committee considering the activities of resident foreign retailers were reported to the House and guidance sought about 'the necessitie of this lawe'. Counsel for the two sides - the City and the 'strangers' - was to be heard before the bar of the House.19 The debate which ensued the following day, and was summarized in the journal, probably augured badly for London's bill, and the Recorder suggested that its provisions apply only to foreigners who arrived henceforth, and that the committee consider the matter again at a later time.20 There is a strong hint in what is said here of the politics of interest groups and a timely reminder, should we need it, that the Commons was by no means a monolithic structure. Whoever he was, whatever his sympathies, the member responsible for the compilation of this long account of proceedings produced a well-rounded account of a wide range of business. His summaries of bills, of debates, individual speeches and rulings from the Speaker's chair probably provides the fullest account of the Commons at work so far in Elizabeth's reign. As we shall see, there were others in the House who were following debate closely enough to be able from time to time to reconstruct various parts of debate. While some wanted fairly full and accurate accounts of whole speeches and responses to them, others were content with collecting mere phrases or sentences. Commons Journals 2 is an example of the latter: its author, and indeed its precise purpose, is unknown. It consists of a few lines, apparently of comments and points made by a number of members. The attributions, where they occur, may be accurate, but the last few lines, perhaps ascribed to Penruddock, seem to be drawn from the Speaker's speech on Fitzherbert on 3 April.21 If this is so, then Coke's words open and close this collection of sayings, and the sequence of recorded contributions may be chronological. Morice's bills, as well as Fitzherbert's case, are among the topics included, as are points made during discussion of the retailers and soldiers bills, but whether all the entries relate to these areas is not certain. The inclusion of words by Penruddock and by Harris (on retailers?) confirm an obvious characteristic of the anonymous journal, namely its selective reporting: neither of these speakers is included within its scope at the relevant points. But then the individual responsible for these briefest hints of Commons debate was unsurpassed for his selectivity. All the other documents included here - with the exception of a speech about maimed soldiers (Document 6) - provide direct amplification, confirmation or modification of the journalist's efforts to record the substance of events. Documents 2-4 are all in the same clerical hand and are to be found among Whitgift's papers. The reporter is unknown, and it is not clear from the manuscripts whether their source (or sources?) was an 'agent' as such of Whitgift's in the Commons, as Neale believed.22 They deal with major incidents which are also included in the journal, however, and differences of

The Eighth Parliament: 19 February-io April 1593 perspective are sometimes evident. In the case of James Morice's speech the journal offers merely the essence of what was to be said about the 'sacred majestie of God, the prerogative and Supremacy of her Majesty, the privilegs of her lawes and the libertie of us all'.23 This is a clear reflection of Morice's opening words as they appear in Document 2, though the latter goes on to give a fuller account of this speech, concentrating on his three main bones of contention about the abuse, as he saw it, of clerical powers. The document highlights, as does the journal, Dalton's view that Morice's justification for his attack - namely to prevent a clerical assault on royal power - was bogus,24 though the document notes additionally that Dalton upbraided puritans for their 'impure opinions' and 'breach of all good order', adding that his speech was received with hostility by other members. This reporter also gave a better idea of what Wolley said, especially drawing attention to his point that Morice was not trained in the civil law, and was therefore unable to speak about it with any competence. The account of Lewin's contribution, while fairly lengthy in the journal, is richer in this other version, especially in its representation of the metaphor of the body politic which Lewin deployed, together, apparently, with that of a tree and its branches and roots. The document offers a good idea of the rebuttal of Morice's assault on the use by the clergy of inquisition, subscription and absolution in their drive against non-conformity. The contributions of Stephens and Finch seem to be those which the journalist has recorded, though without the knowledge to identify the speakers: they appear in his account as 'ignotus et obscums' and another unnamed speaker, and are succeeded immediately, as in this separate report, by a speech from Robert Cecil. While the treatment in the two accounts is broadly similar in these cases, Finch is afforded less sympathy by Whitgift's informant: 'Mr Henry Fynche peremptorilie vouched . . .'. It is also clear here, though not in the journal, that Finch argued that the Lord Keeper's opening speech did not rule out discussion of the kind Morice wished to initiate. Again, the reporter's account of the speeches made by Bacon and Finch (Document 3) the day after, on 28 February, is much fuller than the journal's: it makes it clear that they constituted attacks on two fundamental aspects of the officially inspired recusants bill: whatever the intentions behind this measure at this stage it was clear that the Queen's apparent wish to strengthen the state against disobedient subjects25 would not proceed without question. Bacon was keen to keep prosecution under the bill more closely in the hands of justices and 'others of the laitie', thus leaving the clergy free to concentrate on their proper vocations. Finch's point was just as fundamental, though in a different way, probing the meaning of the word 'recusant' and showing that he was aware that existing laws 'made especially against the recusant papist' have been 'wrested' against honest and godly men. Much of the detail, and therefore the 18. 19. 20. 21.

Fos.82-4. F.65. Fos.65v, 67—yov. Commons journals i, fos.86-8v.

22. 23. 24. 25.

EP, ii.283. F.30V. Commons journals i, £31. EP, ii.28o.

7

8


impact, of these two speeches is not recorded by the anonymous journalist. In the case of the Speaker's report on the same day of the Queen's message about state and religious bills, the contrast between the two accounts is not so clear. The journalist was moved to make a full report as was the compiler of the account sent to Whitgift. Both observers have also made obvious attempts to capture some of the personal aspects of his interview with the Queen which Coke intended to convey: 'I was rather distracted how to behave myself, he says in Document 4. But the journalist provides considerable detail (not present in the report) about how Coke felt when he first came into Elizabeth's presence. It may be that in reporting the substance of Elizabeth's commands the journal assumes a more abrasive tone than is immediately apparent in the other version; there is, for instance, nothing of the (conventional) expression of Elizabeth's love for her subjects which occurs in the report's version of the third part of her message. On the other hand, the report, rather than the journal, contains the explicitly stated notion that Elizabeth had 'power to appoynt unto them upon what causes they were to treat of. In a way, it is not surprising that these differences of treatment exist: no two reporters are likely to have agreed that all these speeches deserved the same attention, or indeed responded to the same emphases and nuances in them. It is reasonable to suppose that the reporter was working to a limited and welldefined brief, moreover, and was therefore able to concentrate his efforts on producing well-rounded reports, rather than the thumbnail summary which is more often the hallmark of the journalist's approach. But that was not always his approach, as his account of Coke's speech (among others on other occasions) shows. And the survival of more than one version of a number of speeches, as in this case, is an obvious bonus for the historian, if only because they provide a broad corroboration of each other's substance. Morice's own account of his speech on 27 February is drawn from a 'remembrance' of his activities in Parliament and their aftermath (Document i). This version of the speech - a much later copy from Thomas Baker's (16561740) collection of transcriptions - is fuller than that which appears either in the journal or the report we have just been considering, naturally perhaps, as it appears to be the author's own. But the speech is part of a much longer document which also deals with the speeches which followed, of Morice's examination by Privy Councillors, subsequent imprisonment, and of his attempts to secure his release. It was composed in this form some time after Morice's eventual release, and there is a possibility at least that he re-worked parts of it. It gives full vent to his complaints about the clergy, and justified drawing his bills to curb their disciplinary activity as a necessary means of preserving regal authority. Both the anonymous journal and the other report quote Dalton as drawing attention to Morice's claim that his intent was to preserve royal power, and the report offers a somewhat diluted version of Morice's notion that the prerogative was under direct attack from the clergy. In Morice's own account, the argument is given more detail and sharper focus. There is the appeal to Magna Carta; there is a concise description of the


English system of government and its merits over others; and there is the claim that his bills did not relate to religion but to the defence of the monarchy itself, and that they were therefore a valid and allowable part of parliamentary business for the session. It is not certain if Unton's speech about the subsidy or that by an unknown member about maimed soldiers are drafts, or reports of what was said. Neither was used by Neale in his account of this session. Unton's speech (Document 5) was perhaps delivered in this form. There is a short account incorporating one of his Latin quotations in the anonymous journal under 7 March; and there is a reminder of the practical difficulties which could confront compilers of journals, for the diarist explains that Unton was 'farr of and makes it plain that other members were consulted about what had been said.26 There are one or two words missing from this separate copy of the speech, and the clarity of meaning in the opening lines in particular suffers as a result. But this is otherwise an apparently full version of Unton's contribution - tags and all - to the complex debate about rates of taxation and speed of levying. Unton was one of those opposed to the Lords' wish for accelerated collection of three subsidies made known on I March. It is interesting that much of the speech is devoted to the need for purposeful discussion and a resolution of the subsidy question, and to Elizabeth's queenly qualities and her stalwart efforts in supporting other princes in their struggles against Spain. Unton made a great deal, too, of the affinity between England and the French king, reinforced as it was by the bond of a common religion. We should not be sleepy and complacent. We must be fearful, as well as hopeful, because hope without fear 'bringeth forth no more then the male without the female'. Unton's analysis of the dangers therefore led him to support the triple subsidy, yet he was equally clear that the poor could not bear the burden of paying them as quickly as was required. Further to this, he wanted to 'leave the same liberities to our posteritie which we have receved'. The anonymous journal offers no evidence that the complaint about the slow progress of the bill for maimed soldiers was actually voiced in the Commons (Document 6). We have no specific external indication, therefore, as to when the speech might have been delivered, or by whom. Its appearance — sometimes almost in the form of notes — might suggest a record compiled on the spot by an observer, though it could equally be the rough working draft of the member responsible for its composition and eventual delivery. In any event, the speaker was passionately in favour of relief for poor maimed soldiers, and fearful that nothing would be done to further the cause. If the delivery fulfilled the promise of the drafting or reporting, then this was a powerful speech, richly embellished with striking metaphor. It was disparaging of those who could speak in favour of a measure, yet would suffer no loss of sleep or appetite should it fail. But, however great the appeal to charity was, the argument was also practically rooted in what had been the main business of the 26. F.49V.

9

io


session from Elizabeth's point of view. Called to provide for the safety of the realm, the author said it was timely for Parliament to deal with those whom war had deprived of the means to support themselves. Unless they were provided for, they would 'curse us ... if we give them no better encoragement, they will hyde themselves herafter when they shalbe pressed.' Cecil was certainly in favour of this measure and on 28 March he told the House of paralysing differences among the committee dealing with it. This is perhaps the stage at which this speech was framed, though there is nothing in it to identify it as Cecil's own effort. The reference to the City of London at the end may be a better indication of its origin. Elizabeth chose to address the Houses herself on the last day after the Lord Keeper had spoken (Lords 4). The diarist's difficulties in hearing all that was said were compensated for to some extent by consulting others to help him produce his summary. Though he was not a member, Wilbraham produced an account of the speech, and it may have been one of the sources the journalist relied on.27 The version which Stowe printed some years later (reprinted here) bears the hallmarks of Elizabeth's complex prose, especially at the beginning, and it could well have derived therefore from a written copy prepared by the Queen herself. Its essential theme was a favourite of Elizabeth's: the great love she bore her subjects was especially evident in these times of danger, during which she was confident of God's special care. More practically, she repeated the Lord Keeper's injunction that gentlemen in Parliament should take care not to spread alarm among her subjects at large, but should ensure that men in the counties were exercised, trained, and armed against the perils. In this sense the Queen ended Parliament as it had begun. The anonymous journal confirms that the substance of Stowe's account was spoken on io April, and though Neale regarded it as characterizing the 'heroic spirit of a great people', he also recognized that the written speech lacked the clarity of the journal's version.

27. EP, ii.32i.

i. [Lords] Headings (by Burghley) concerning the assembly of Parliament and the subsidy Text from BL Lansdowne 73. Printed. Strype, Annals (1731 edn.) iv. 124-6.

Lansd.73, fos.2-31 1. Her Majestie's loathnes to call Parlementes frequentlie as her progenitors have alwaies usuallie donne, almost every yere or second yeare one, or to call anie at all withowt great and urgent cause. 2. And for that purpose yt maie be noted that in her first 13 yeares there have been called but 4, the next 13 but 3, and the rest, being 9, but 3.2 3. The cawses no we are growen greater than anie have been and more necessary to be further considered, and by good counsell to be provided for against the greatnes of the dangers that are growen more manifest and greater than heretofore. 4. The King of Spayne hath since his attempt by invasion by sea in 1588, whearein God fowght for the realme, been occupied thes late yeares in building of great nombers of newe shippes, making manie of them fitt3 to fight with the shippes of England. He hath made also such provisions owt of all partes of the Est for the arming of his navies, as he intendeth to make the strength of this his navie doble to that yt was. 5. Secondlie, he hath begonne a mighty warre in France by so manie waies as withowt Code's goodnes for the justice of the French King's cawse is dowbtfull that he will shortly4 possesse that Crowne to make him self therby

i. The MS is undated, and is headed 'Articles for the Speaker's speech', though this is a later addition, probably Strype's. The main text is in a secretarial hand, the amendments Burghley's. The occasion is clearly the parliament of 1592/3, and to the extent that the contents provide a basis for an opening speech, rather than Burghley's own contribution to the subsidy debate, the heading seems to be wrong in ascribing it to the Speaker. Lord

Keeper Puckering was, of course, Speaker in previous parliaments. 2. The reference must be to sessions of parliament. 3. Burghley's amendment of 'equall'. 4. In this document the underlined words are Burghley's insertions/corrections. The MS occasionally repeats these words in the margin, probably for clarification: they appear to be in a later (Strype's?) hand.

12

v.

f.3


a monarque of all Chrestendom, and a conqueror of all his neighbours.5 6. The meanes of his warre against France are thes that followe: First, he hath already gotten the best part of Britanyie in manner of a conquest by sea, a place as dangerous to be possessed by him for invading of England as if he had conquered the Low Countries. 7. Secondlie, he mainteineth with continuall wages and paie, and great pentions, a nomber of rebellious subiectes in France against the King, reteining also at his devotion the principall townes to rebell and be at his command. / 8. He hath presently so corrupted the rebells although they consist6 but of a fewe noblemen, of great townes and vulgar people. And although he hath7 no prince of the blood or ancient officer of the Crowne holding part with him, yet the rebels presently do8 make a pretence and counterfeit!?] of assemblie of 3 estates at Paris, thearein to make an eleccion of a king, whearein he hopeth by his corrupcion to gaine the multitude of voices for himself, or for his dawgther9 to matche her, wheare he maie commaund that Crowne. 9. Besides this, as he did of late yeares invade France with a mighty armie by10 the Duke of Parma,11 and by an other sent by the Pope, whoe never hearetofore showed his hostility otherwise then by bulle and excommunicacion. So he nowe intendeth to renewe the same againe this yeare, having already begonne to enter into a part of the ffrontiers of France with part of his army which he meaneth to increase. 10. He maketh also invasion into France by the Duke of Savoye12 in Daulphine and Province, and useth also the Duke of Province13 to do the like in Burgoine and Champaigne, and at this present he hath addressed an armie to enter into France by the way of Navarre, so as ther is no part of any frontier of France by which he doth not attempt this invasion, besyde the invadyng of the body of the realm by the rebellion. 11. Besides this his purpose to renewe the invasion of this realme is discovered to be donne from Scotland,14 wheare vearie latelie a treasonable conspiracie is fownd to have been intended by divers noblemen in Scotland being papistes. For assurance wheareof to the King of Spayne theire had sent him divers bandes15 under their handes and scales, which being ready to be shipped and sent into Spayne have been taken. In which conspiracy hath been determined that the King of Spayne should send the conspirators certaine great sommes of monie to wage forces to joine with his forces, which he should send by sea into Scotland, and therewith to enter and make invasion into England and to overule the King theare and to make change of religion within that realme. / I2. 16 At that instant also the King of Spayne promised to make invasion into England by sea, and what maie followe in Scotland to the staie of this conspiracie by the apprehension of the consperators is yet dowbtfull, the conspirators being so great men and fled to remote partes of the realme and thowght to have a secrett party of many more with them not yet knowen. 13. Thes dangers are worthie of consideracion howe to provide remedie for

i. [Lords] Headings concerning assembly of Parliament and the subsidy

them; a matter so neadefull for this parlement as her Majestic thinketh it no waies convenient to treate of any other, but of such as tend to the meanes of some remedies hereof. 14. Finally, hir Majeste cannot overpasse to lett this assembly to17 understand that, thowgh theie have heretofore for lesser dangers than thes are offered sum releif to hir Majestic towardes hir charges, yet the same hath been so abused generally thorough the realme in the taxacion of the men of wealthe that should have geven most aide, as if it should be by som example specefied of som men by name in every contr[ey]18 to this assemblie ho we little the men of greatest livelood in cuntries[?] have yelded, it would seeme an absurd thing for hir Majestic to receive yt with thankes. considering with what good wordes the parlement did graunt the same. And except such abuses maie be remedied, hir Majestic shall account hir guift to be in wordes and not in deades: and so hir self abused in hir expectacions and the realme frustrate in theire intentions and in danger irrecuperable.

5. For general coverage of Philip's activities see, e.g. P. Pierson, Philip II of Spain (!975)> esp- PP-i9I-3; G. Parker, Spain and the Netherlands, 1559-1659 (1979), p.ya; R. B. Wernham, After the Armada, 1588-95 (1984), pp.i83-9i. 6. Burghley inserts 'although they consist' to replace 'consisting'. 7. 'And although he hath' inserted by Burghley to replace 'having'. 8. The word 'to' has been crossed out. 9. Isabella. 10. Burghley's (?) amendment of 'with'. 11. Farnese was Philip's nephew.

12. Charles Emmanuel was Philip's son-in-law. 13. Recte Lorraine. 14. See CSP Scot, 1589-93, p.828 for news of the 'Scottish blanks'. Burghley dealt with it more fully in his speech in the Lords later - see Lords 3 (R. B. Wernham, After the Armada, 1588-95 (1984), pp-457-6o). 15. Sic. 16. Ink-blot obscures number here. 17. Burghley inserts 'assembly to' to replace 'state'. 18. MS damaged.

13

2. Speeches by Lord Keeper Puckering at the opening of Parliament, 19 and 22 February Text from BL Harley 6265. Printed. E.H.R., xxxi (1916), 129-34 (omitting part of the answer to the Speaker's disabling speech).

Harley 6265, fos. 111-14 A speech used by the Lord Keeper in the beginning of the parliament of 3 5 Reginae Elizabethae shewing the causes of calling the parlement. 'My Lords all, and yow the knightes and burgesses of the comminaltie, it hath pleased the Queen's most excellent Majestic to charge me (of my self a most unworthie interpreter of so highe and wise a prince, but yet susteyned with the hope of her Majestie's pardone, and assurance of your Lordships' pacience, readie and obedient to take this heavie burden upon me) and to commaunde me to make yow all knowe the only and proper causes of calling and gathering of this noble and great assemblie; not doubting but that as her Majestie's self, according to her place next under God, carrieth a continuall vigilancie and supreame care, as well for the glorie of God and the preservacion of her realmes, as also for the universall and particuler good of all and everye her good subiectes, so each one of yow also doth for his owne parte retayne some dutifull porcion both of reciproke studie for the preservacion of her Majestie's sacred person, and of mutuall circumspeccion both for the defence of your selves, and of that which yow possesse, and also for the continuance therof in your children and posteritie. 'And albeyt her Majestie hath evermore been most loth to call for the assemblie of her people in Parlement, and hath done the same but rarely, and only upon most iust, weightie, and greate occasions tending directlie to the honour of almightie God, the mayntenance of Christian religion, and the needfull defence therof, against the malicious and potent enemies of the same; so as she hath not eyther yearly as (for 17 years together)1 some of her progenitors, or otherwise not frequently as all or the most of them have done summoned the states of the lande, though (upon turninge the volumes of the lawes and histories) it will easelye appear that the causes occurring in the raygne of her Majestie have been both more generall and of more importance then those of former tymes, wherof a great manye are but particuler and not of the greatest moment. Yet her most excellent Majestie would have yow all to

2. [Lonfc] Speeches by Lord Keeper Puckering, ig and 22 February

knowe that as of her owne disposicion she would yet still forbeare as she hath done to drawe yow often together, so nevertheles consideringe the most weightie and urgent causes of this presente tyme together with the great dangers threatned against her Majestic and her realmes, which do not only continewe, but are since the last parlement in all apparance mightely growen and fearfully increased, her Majestie hath founde it necessarie that yow should both understand of the same and also consider of tyme and fitt remedye for the prevencion and withstanding of them: the which also her Majestie trusteth that yow will verye carefully performe, considering that although her Majestie's good subiectes in tymes of her fomer parlementes have of themselves, and without any speciall intimacion from her Highnes, both scene and considered the great dangers of the realme growing by mightie forreyne enemies, and have also willingly consented to some meanes of withstanding them for the tyme, yet the same have ben farre unable to clear the realme of those dangers, without other continuall supplie of her Majestie's extraordinarye, and most excessive expenses, tending in parte to the diminucion of the verye demeasne of her Crowne. 'Now, albeit her Majestie supposeth that everie of yow her good subiectes doe in that proper care and insight of your owne cleerly discerne some generall vewe of the most wicked practises of these colleagues and most hatfull enemies both of God, and of her sacred Majestie, and of the common wellfare of yow all, yet forasmuch as many particularities therof are both newe and secrett, and therby also the more imminent and dangerous, her Majestie is willing that yow understand what mischevous complottes and practises have been since the last parlement sett on foote againste her Majestie's royall persone, her realmes and dominions, both abroade amongst her good neighbours and federates on everye side, and at home within the belly e and bo wells of her owne kingdome and contrie, to the end that therby yow maye the rather see the extreame danger that is intended against the sacred person and deare lief of her royall Majestie and the common good of all the realme; wherin also are comprehended the particuler honours, preheminences, lyvelodes and lives both of your selves and of all your succession and posteritie. And seing the same, yow maye be moved in your zeale to the glorie of God, your bounden loyaltie to her most gracious Majestie, and in your love to your naturall mother and contrie, to bend all your wittes, and to bestowe your uttermost powers for the preventinge or propelling of the same. / 'The enemie seeing that (by the meanes of that most iust and necessary helpe and resistance which her Majestie enterposed in the Lowe Contreyes) his purpose to assayle her on that parte was wholy impeached, and fynding also that his intended invasion of her Majestie by sea with that huge fleete of all his armadoes (which to keepe other men from our succour he published before hand, and called invincible) was (thanked be God) utterly made frustrate in the i. i.e. since 1572, having previously summoned Parliament in 1571: so

Elizabeth only called Parliament 'yearly' in 1571 and 1572.

15

v. King of Spayne

16


sight of the whole world, to the great honour of her Majestie, and his shame, he was so farre from seinge the hand of God that strake him, and from desistinge in his inveterate course of malyce and cruell hatred against her Majestie, that he was therby more furiouslie enraged then ever before, so as he breathed nothing but bloodie revenge, vowyinge as it hath been here confessed by a Jesuyte, that he would spend his candle to the sockett, but he would be revenged and have his will of her.2 And to make it appear that his word and deed concurre together he hath taken every occasion and advantage to weaken her Majestie and strengthen him self by the neighbours on every syde of her. In Fraunce at the first he fought with his owne money, but with other men's weapons, and at there perill, corrupting with his Indian treasure, and stirring up there against the King sundrie rebellions, both subiectes and townes. And not prevayling with such speed as he desired, he hath of late tyme made the warre more open, sending thither sundrye mightie armies both by foote and horse, as namely into the bodye of that realme twyce under the conduct of the deceased Duke of Parma, and once by a nephew of the Pope himself,3 who before he was incited therto, was contented to fight with bulls and boltes onely; into Province and Dolphyn by the Duke of Savoye; into Burgandye and Champaine by the leadinge of the Duke of Lorrayne, and nowe very lately by the waye of Navarre, wherof he hath alreadye sworne his owne sonne to be prince. So that partlie by the terror of these sundrie forces, partlie by the helpe of the French rebells waged by his money, and the assistance of sundrie principall townes and citties, which if they were not corrupted by his golde, would never have shutt their gates against their naturall Kinge, and partlie by colour of an assemblie of estates, (wher shalbe neyther prince of the bloode, nor great officer of the estate) he attempteth either to beare the rule himself or to procure it to such as he maye overrule; and consequentlye to commaunde all that late most florishing kingdome, and by conquest to adionye it to Portugal! and his Indies for the better creating of that Catholike and wretched monarchic, [to] which he hath so long aspired: a thinge greatly to be doubted if God in favour of the French King, and in regard of the justice of his cause, do not vouchsaffe readye meanes of impeachment. In Brytanie (a contrie of more dangerous facilitie for the invasion of England, then had been the Lowe Contreys, if he had prevayled there) he already possesseth a great parte of the contrie, and commaundeth the cheif portes therin, making herof a double use and profytte: one the more speedely to invade Fraunce, another to become lorde of the sease there, and both purposely intended for the more easye invasion of England, as it may easely appeare by that which followeth. For whilest he is occupied there, and in Fraunce, he is not idle to provyde neerer helpes for the invasion of us both by sea and lande. And therfore fyndinge that in the last fight by sea his shippes were disadvantaged by the bredth of their building and high carriage of their portes and ordinances, he hath now lately both changed the fourme of his olde shippinge, and builte many newe after the moulde and manner of the English navie, besides the which he hath bought sundrye shippes in the east contries, and provyded there great store of apparrell

2. [LWs] Speeches by Lord Keeper Puckering, ig and 22 February

for the one and th'other of them. So as it is thought that he is at this daye twyse so stronge in shippinge as he was when he shewed his great ffleete in our narrow seas. Lastly, in Scotland he hath of late endevoured, by corrupcion of his monye and pensions, to make a partie there readye to receave an armye for overrulinge the Kinge in his owne contrie, and for invadinge England on the backsyde by lande, on the north, and at the self same tyme (of this next springe that he shalbe readye) to assayle it on the face with his shipps by sea on the south. The which last practise was so greedely embraced by some nobles of Scotland,4 that they not onely entertayned it under their handes / and scales, but also dispatched some messengers that were readie to imbarke towardes Spaine to advertise ther forwardnes, with further promise of assistance both there and from hence, which also they would before this tyme have effected indeed had not her Majestic (who 12 moneths since had intelligence therof) by good instrumentes discovered the whole to the King of Scottes; who, as he would not of a longe tyme beleve yt, so it maye yet be doubted how he shalbe able to withstand or suppresse the same (but now verye earnestly is gone about it), and her Majestic for that end hath verye lately sent thither a nobleman5 with advise how to proceed to frustrate all the purpose and intent of that plott and conspiracie. Such nestes of noysome birdes are there in making of every syde of us, of the which her Majestie (of her great wisdome) thinketh some to be too neare fellowshipp to be abidden in regard of their little good meaninge, and of their greate and too too hatefull treacherye. But yet ther be others much nearer, and so much the more dangerous as they lurke intus et in cute.6 For besides all former and notorious attemptes against the precious liffe of her royall Majestie, ther hath beene, not 2 moneths paste, discovered and confessed by a subiect of her owne, a most divelish and bloodie intention, both for the assayling of her most noble and deare person (whome God graunt to live over all our daies) and also for the corrupting and impoysoninge the hartes of her subiectes with persuasion (under a colour of conscience forsooth) that her Majestie, neyther is, nor cann be ther lawfull Queene, but standeth accursed and throwen out of the fayth and therby deprived of all the loyaltie and due obedience of her naturall subiectes.7 Yea, such is the wylie malice of the enemye, that the better to espie a hole or breach to make this speedy intended invasion of her Majestie and her realmes, he hath at this present lodged in our bosomes his secret intelligencers expresslie charged with direccions to advertyse him from tyme to tyme, not onlie of the estate in bodie of her Majestie and her greatest counsellors, but also of the discontentment of the papistes, of the proceedinges of the puritanes, of all the offences (if any should happen) of the 2. See CSPD, 1591-4, pp.257-61 for James Young's letter of confession, August 1592. 3. Parma died in December 1592. Ercole Sfondrato was Pope Gregory XIV's nephew (L. Pastor (ed. R. Keir), History of the Popes (1952), xxii.374).

4. 5. 6. 7.

See Lords 3. See Lords 3. A. Persius Flaccus, 3.30. See R. B. Wernham, After the Armada, 1588-95 (1984), pp.454-5 for plots and intrigue generally.

17

f.ii2

18

v.

The Eighth Parliament: ig February-io April 1593 nobilitie, and greevances of the people, and of manye other his like serviceable articles of treacherous inquisicion. These thinges if yow well ponder with an earnest cogitacion, both of the longe continewance and chargeable mayntenance of these present warres, yow shall fmde much more cause to marvell how the moste parte of these fyve contries could be so defended with the onely revenewes of this little iland, then not to be readye to support with your owne the continewance of your owne, and without any further staye, to frame and offer (as at some tymes it hath been seene) some devise and meane by which her Majestic maye either tymely prevent, or sufficiently withstand, these instant and extreame perills wherwith her realmes be threatned. For •albeyt her Majestic hath not only spent all that was yeilded in the last parlement, emptied the treasure of her owne Crowne, but hath moreover made sale of some parte of her demeasne, and endebted her self by the loanes of her best able and moste readie subiectes.8 Yet her Majestic sayth ther was never prince more loth to have ought at the handes of her subiectes then she is, as being in deed ever more ready to give, then willinge to take; yea and in this respect it offendeth the most noble hart of her Majestic, more then yow would suppose, in that even these helpes which Parlement yow9 seeme to bring to the ayde of her Majestie's charges, be not (a good quantitie therof) trulie performed, to the great disceyt of her Majestic, and to your owne new labour and trouble. For howsoever it seeme a great helpe in wordes, it proveth but little in deedes, promised with full mouth, and payed with more then half emptie handes, a thing not tollerable amongst neighbours and equalls; iudge yow then what it is in so great difference of persons, and in so manifest and common perill of all the realme. And this abuse falleth out most commonlie in the valuacions of them that be of the better sorte who (to ease themselves) are seene to throwe the burden upon inferiour subiectes, whose small rates cannot rayse any great totall, in which doinge as they oppresse their neighbours by abuse of their authoritie. So do they also both frustrate the meaning of the graunte and defraude their native contrey of that helpe wherof it standeth in most notorious and present need. And here / (that with her Majestie's pardon I maye saie thus much of myne) yow maye admire the highe wisdome and pollicie of her Majestic in the conductinge of these warres, as well by providinge that others should fight for us to avoyde the uttermost of the perill, as also by adioyning her forces to others for the sparinge of infinite treasure and effusion of bloude, that must needes have been spent, if the cause had bene undertaken by her alone. 'Her Majestic hath furthermore charged me to notifie unto yow all that her royall intencion in calling of the states at this tyme is onely to conferre upon speedie and effectuall remedies againste these great and fearse dangers, and not to spend the tyme in devising of new lawes and statutes; wherof there is already so great store, both for the ecclesiasticall and civil goverment, that (if the tyme would so permitt) it were more convenient by abridgment and explanacion to make them lesse difficill for the practise of them, then by addicion of newe, to increase the danger of the quiet subiect, and to enrich the contencious, which

2. [Lonfc] Speeches by Lord Keeper Puckering, 19 and 22 February

19

also is her Majestie's full purpose to perfbrme, whensoever agreable tyme shall be graunted for yt. In the meane season, howsoever in former parliamentes your Houses have been filled with vayne discourses and tedious oracions that savour more of ostentacion then that they avayle to the marke wherat they ought to shoote, her Majestic now deemeth that the better and more speedie waye to use lesse verbose and fitter choice of good matter; and withall chargeth each one of yow that yow mispend not your good howres upon new and curious invencions, the which have they never so glorious a shew in the firste openinge, yet be they but werisome in the handlinge, and deceavable in the wynding up. For both the aprochinge tyme of the spring, your owne particuler functions, and the watchfullnes of the enemye, (who sleepeth not, but lyeth in awayte for us), do require your speedie returne to your severall dwellinges, where cache man in his callinge ought to make provision against the enemie, and be readie that at all occasions we maye be able to answeare his malice. 'And thus with most humble suite to her gracious Majestic for pardone, in case where I have misconceaved her princely meaninge (which I would not) or have delivered her moste princelye charge (which to doe I cannot, though I would), I close my speache and ease yow.' / The Lord Keeper's answeare to the Speaker, disabling himself, inhablinge the Speaker. 'Mr Sollicitor, the Queen's most excellent Majestic, having with very gracious attention hard your modest, learned, loyall, and artificiall speache, hath charged me to saye unto yow that, albeyt she was well conceyted of your habilitie and guiftes when she selected yow for her owne service, yet now upon the firste proofe in her owne presence she is thorowly confirmed in her opinion, that she made choice of a very fitte and serviceable person; and doth therfore well commend the discrecion of her knightes and burgesses for this their nominacion of yow to be ther mouth and Speaker. For her Majestic findeth that the more yow have strayned your witte and cunninge to deiect and abase your self by allegacion of weaknesses and unworthines, the more iust cause yow have bewrayed to increase the good opinion of her Majestic concerninge the sufficiencie of your guiftes, both of nature, arte, and industrie, as the experience of yow hath testified giving yow your commendacions, without her praysinge of yow. Her most excellent Majestic therfore is well pleased to approve the eleccion of yow, and that yow remayne no longer corpus opacum: her Highnes vouchsafeth to give yow of her owne light by the influence of her most gracious and royall assent, therby ratifying that choice which her good and loving subiectes have made of yow, trusting that yow wilbe founde as fertile and as mature in fruite as yow agnise your self to be but greene and flourishing in leaf. And therfore, Mr Speaker, thus enlightened with the 8. See CSPD, 1591-4, p.216 for debts in April 1592.

9. Sic.

f.«3

2O


gracious countenance of her princely ratificacion, her Highnes willeth yow to undertake the charge, and therm, carefully to put in ure the authentic given by her Majestic, and belonging to your place, which resteth not only in the goverment and direccion of all the consultacions of your House, to that only marke for which the present assemblie of the states is called hither (as it was the laste daye tolde yow), but also to cutt of all vayne, curious, and impertinent bills, motions, and debates that maye either spend the tyme unprofitablie, or impeache the right proceeding in that course which is appointed.' The Lord Keeper's answear to the Speaker's oracion after his allowance.

v.

'In the second parte of your speach yow have trulie and lernedlye discoursed of the inveterate malice of her Majestie's capitall enemie the Pope, and the lawfull courses that her Highnes hath from tyme to tyme taken for the incounter of his unlawfull and wicked attemptes. And touchinge that which yow have most trulie declared for the praise of her Majestic, albeit I finde that her Majestic hath no delight to heare her owne praises, blazed before her face, yet I trust that with her Majestie's pardone, and without note of flatterye, both yow and I maye speake that which both the truth of the thinges and the dutie of our hartes do drawe out of our mouthe, and without which we cannot but shew our selves both unthankfull and unworthie also. And trulie whilest yow did sett forth the blessed finite of her Majestie's raigne, yow seemed to me to be the mouth and Speaker, not onlie of your owne present assemblie, but generally of so many as doe live under the shadowe of her high and noble palme, the benefites being in deed so many and manifold, so great and surmounting, as neither former tyme cann afforde us example, nor future age will yeild us hope of any the like or comparable with them. In which behalf as we are farre unaHe to commend in wordes the dignitie and honour therof, so yet remaine we most bounden to have them in daylie recordacion with continual! praises to God for her Majestic, and with incessant thankes to him and her / for our selves, labouring to supplie our want of speach with the loyaltie and love of our hartes, allwayes readie and devoted to serve her to the uttermoste of our worthe and last gaspe of our breth. And touching theise good blessinges yow have mencioned her Majestic, that whatsoever blessinges, good fortunes, victories or prosperous eventes have happened in her Majestie's raigne, she attributeth all to the omnipotent and miraculous goodnes of our mercifull God, and so much the more with humblest thankes to be acknowledged, as that he enableth the weakest sex, and makes them to admyre it, that ere now were wonte to doubt their good successe. And for that ingratitude of all synnes is most odious to the highest, and most abhorred of the meanest, least through neglect of a dew yow cause him to straighten his favour and blessinges, she chargeth yow all never to cease to praise his name therfore: and for her parte, she beseecheth the living God never to blesse her longer then she studie with all indeavour to do that maye best please him, and most prosper and preserve yow. And though (see sayth) yow maye have a wiser prince (for I must use her owne wordes), she dare avowe yow shall never have one more

2. [Lords] Speeches by Lord Keeper Puckering, icj and 22 February carefull of your saffeties, nor to give more even stroake amonge her subiectes without regarde of person more then matter. And of such minde she beseecheth God, ever send your Prince. 'And now to your other parte. The most odious and shamelesse treacheries of that man of Rome do so manifestly bewraye themselves, and have been so fully sett forth by yow, as her Majestic thinkes it needlesse to spend further tyme in the amplificacion of them, and her Majestie's pleasure is I shall purposely forbeare that. So her Highnes doubteth not but that your self did moderate your speach in the next pointe, where yow propugned the absolute regalitie of her Majestic and her predecessors against the continewall clayms of the Popes and there churchmen here, by whome (as by waged soldiers) they for a longe tyme kept a forte in England against the lawfull kinge, until her Majestie's most famous father defeated them, raced the place and, triumphing over the Pope ther master, recontinued the auncient rightes of the Crowne and recovered his mere monarchic over his people and contries. For besides that which youe fitlie alledged, it is founde in histories that Edward i refused to be iudged by the Pope in the great question touching his right to Scotland, and his nobles did in playne tearmes write to the Pope that if ther kinge himself would, yet would not they suffer him so to doe.10 The ordinances made at Clarendon by Henry 2 and his nobles did expressly commaund that the clergie should be subiect to the secular and laye iudgment.11 And the same king sollicited Frederick th'Emperour, the Archbishop of Coleyn, and others to combyne with him and to shake of the popish yoke that laye so heavie on ther shoulders.12 Nether would King Henry yeild to the Pope the right of lay men in the investiture of clerkes, which he demanded with vehement thretninge. Fynally, if the bookes of the auncient lawes be sought and turned, a man shall everye where finde that Ina, Alfred, Edward, Athelstan and Canute, auncient kinges of this lande, ordained lawes, as her Majestic hath done, both for ecclesiasticall men and matters, as namely to binde byshops and preistes to the observacion of good liffe and honest manners, to give order touching vowes, for the use of baptisme, for receaving the sacrament of the Lord's supper and sundrie other pointes of relligion, which without the abuse of the present and shorte tyme I maye not stand to repeate, and will therfore discend to your last parte. 'Wherein I noted 3 peticions for your companie, and a fourth for your self. Her gracious Majestic is well pleased to graunte them so farre as they be grantable. She sayeth there be 2 thinges in a man most behoofefull if they be well used, and most deadly if they be ill used; witt, and tongue, they are those: they be most happie possessions and needfull helpes, and all as they be placed. Having therfore especiall care that that maye never hurte yow which she by her graunte doth yeild yow, she willes yow take good heed in what sorte she 10. This was in 1301, and the pope was Boniface VIII (M. Prestwich, Edward I (1988), pp.490-2. 11. See English Historical Documents, ii (ed.

D. C. Douglas and G. W. Greenaway, 1981), pp.766-70. 12. See W. L. Warren, Henry II (1973), esp. pp.492-7.

21

22

£114

The Eighth Parliament: ig February—10 April 1593 permittes it. She would be sorrye that follies past should by new redouble the faltes, and chargeth yow Mr Speaker if anye / shall deliver to yow any bill that passeth the reach of a subiecte's brayne to mencion that same yow receave not, but with purpose to shew it where it best becommeth yow. Next if any speech undecent or matter unfytt for that place be used, remember them of this lesson. Your peticions (I must use a Checker terme) must be ruled, and that thus her Majestic graunteth yow liberall, but not licentious, speech, libertie therfore, but with dew limitacion. For even as ther can be no good consultacion where all freedome of advice is barred, so will ther be no good conclusion where everie mann maye speake what he listeth without fitt observacion of persones, matters, tymes, places, and other needfull circumstances. It shalbe meete therfore that each man of yow conteyne his speach within the boundes of loyaltie and good discrecion, being assured that as the contrary is punishable in all men, so most of all in them that take upon them to be counsellors and procurators of the common welth. For libertie of speech, her Majestic commaundeth me to tell yow that to saye yea or no to bills, God forbid that any man should be restrained, or affrayde to answear according to his best likinge, with some shorte declaracion of his reason therin, and therin to have a free voyce; which is the verye trew libertie of the House, not as some suppose to speake there of all causes as him listeth, and to frame a forme of relligion, or a state of goverment as to their idle braynes shall seeme meetest. She sayth no king fitt for his state will suffer such absurdities. And though she hopeth no man here longeth so much for his ruyne as that he mindeth to make such a perill to his owne safFetye, yet that yow maye better followe what she wisheth, she makes, of her goodnes, yow the partakers of her entent and meaninge. Accesse to her Majestie's most sacred presence, her Highnes ys likewise pleased to vouchsaffe; so that the same be desired onlye in matters of the greatest exigencie and weight, and with due respect of tymes, that her Majestie's more important cogitacions be not interpelled therby. Nether is the mynde of her gracious Majestic to denie yow those other good priviledges of the Court of Parlement, which the commons of the realme hertofore have usually enioyed; howbeit with this cawtion, that the proteccion of your House be not worne by any man for a cloake to defraude others of their debtes and duties. And now, Mr Speaker, that I maye end as I began with your self, her Majestic trusteth that yow will not committe any thinge for which her Highnes should need to graunt yow such a pardon as yow requier; and [in] myne owne opinion, your whole carriage of life hath been such hitherto, that I maye saie unto yow, "Noveris intactum vitio servare vigorem." 'And thus I close my speach with most humble suite to her sacred Majestic for pardon, in case I have either mistaken her princely pleasure, which I would not, or have not sufFiciently interpreted her royall charge and direccion: which, howsoever I would, I am not able to performe in so pithie sorte as I receaved it from the mouth of her most highe and princely wisdome.'

3. [Lords] Burghley's speech for supply Text from BL Lansdowne 104, in Burghley's hand. Printed. Strype, Annals, iv, 149-56.

Lansdowne 104, fos.yS-pv, 8i-2v The causes of the Quene's entry into these defensyve actions. 'To mak declaration of the first cause and original begynning wherby hir Majesty was provoked to arm hir realm with forces, war a labor lost in this place; wher in former tymes the same hath bene often declared, and wher a gret nombre of the nobillite here present have hard many circumstances therof at the procedyng with the late Queen of Scottes, for whom and by whom the quarrells war first made ageynst the Queen's Majestye's person ageynst the religion and quietnes of the realm. 'Therfor, leavyng the repetition of that cause by which hir Majesty was deteyned in a kynd of warr to withstand both the Kinges of France and Spayne who intermedled in that case of the Queen of Scottes ageynst hir Majesty, yet ther hath followed contynually such a deadly malice from the King of Spayne, the Bishops off Roome and ther confederates, as unto this daye wherof no intermission hath bene of attemptes ageynst hir Majesty and the realm, although at some tyme more vehement than at some other, as appeared in the yere '88 by his oppen armyes both by sea and land, beyng of gretar force then ever was known made by his father the Emperor Charles, or by hymself, or by any prince Christian within any memory of man. 'But myndyng to overpass all the attemptes afor that huge enterpriss, which was frustrat by Code's speciall goodnes beyond the expectation of the world, consideryng ther hath bene no assemble of Parlement since that tyme, wherin hir Majesty might publyckly declare to the states of hir realm, [not only] the contynuance of the formar attemptes, but the incress of more daungers than war sene in any tyme befor; therfor as [was] / delyvered by the Lord Kepar of the Gret Scale, hir Majesty hath summarely imparted the same to this assembly, referryng the consideration therof to the whole 3 estates, wherof 2 ar in this place, how the same daungers may be withstand and by what provisions hir Majesty and the realm may be preserved in domestique peace, as yet it is as a centre of happyness wher the circumference is in oppen calamite. 'And because it is all our partes and dutyes, first to God, and to our sovereyn head and our natyve contrey, to apply all our indevors, every of us beyng called to this place by speciall commandment in express wordes uppon consideration

Original! cause.

Queen of Scottes.

Contynuance of the Spanish mallyce.

To overpass all afor '88.

v. Causes of danger delivered by hir Majesty.

Our dutyes to consider of the perill.

24

An old sick man.

Not for counsell.

The daunger. Great, imminent, increased.

f.79 Former warrs for towns not for kyngdoms.

Callyce lost.

To conquer France England Irland. A navy in Britayn. v. English vintag.


of the hardnes of the busynes and the perills imminent, to treat with hir Majesty and with the prelates and great men of the realm and to gyve our counsells: so as it is convenient for us all first to consider the perills, and than to gyve counsell. 'Wherfor in discharg of my duty - with your pacience in suffryng an old man beside his yeres, decayed in his spirittes with sycknes - to declare some part of his knolledg of the daungers and perill imminent; but for advise and counsell how to withstand the same, I shall be constreyned for lack of sufficient understandyng in so great cause to require some furder conference with your Lordships, or with so many as shall appeare more hable than I am, to gyve some good entry therto. 'As to the dangers that they be great and imminent, that they have both lately grown and lykly to increass, these be manifest argumentes. First, the King of Spayn sithence he hath usurped uppon the kyngdom of Portyngal, he hath therby grown mighty by gayning the Est Indias, so as how great soe ever he was afor, he is now therby more manifestly great. But for incress hereof to be gretar, yea gretar than any Christian prince hath ben, he hath lately joyned with his intended purposs newly to injvade] this realm with more might than before he did, the invasion of France by sondry wayes: / not, as in formar tymes, whan the Emperor Charles and the French kinges, the great Francise and the warlyk Henry, made ther gretest warrs, yea whan the present Kyng of Spayn had his great army ageynst King Henry of France. For in those warrs none of them intended any thyng more but to be revenged of supposed iniuryes by burning, or wynning of some frontier towns by besegyng; and after such revenges mutually had to the satisfaction of ther appetites, wherin nether party had any speciall avantage, they fell to truces and in the end to peace, with knottes sometyme of entermariadges. And by these kynd of warrs none of them did increass in greatnes to be daungerooss to ther enemyes. And in these kynd of warrs the kinges of England had ther interest for the most part to expence of men and mony, and never to the loss of any small portion of any ground in England and Wales, nor otherwise; but by yeldyng to the King of Spayn by meanes of the mariadg with Queen Mary to mak war with France, the realm lost the noble town and port of Calliss, with great segnoryes and territoryes therto belongyng. 'But now the case is altered. The King of Spayn maketh these his mighty warrs by the meanes only of his Indies, not purpossly to burn a town in France or England, but to conquer all France, all England and Irland. And for proofF hereof, first for France. He hath invaded Britain, taken the portes, buylded his fortresses, carryed in his armyes, waged a gret nombre of the subiectes, as rebells to France. And ther he kepeth a navy armed to impeach all trade of merchandise from England to Gascoyn and Guyne, which he attempted / this last vintage, and so he had had his purpose if, to the great charges of the merchantes, and by countenance of hir Majestie's navy1 sent to the cost of Brytayn, the shippyng of England had not bene much strongar than his. Beside

j. [Lords] Burghky's speech for supply 25 this his possessyon of a great part of Brytayn towardes Spayn, he hath at his commandment all the best portes of Brytayn towardes England. So as now he is become as a frontyer enemy to all the west part of England, and by his commandment and his waged troops in Newhaven, he hath enlarged his frontyer now ageynst all the south partes of England as Sussex, Hampshire, the He of Wight; yea by meanes of his Interest in St Malos, a port full of shippyng for the war, he is a dangerooss neighbor to the Queen's iles of Jersay and Guernsay, auncient possessions of this Crown, and never conquered in the gretest warrs with France. Of this matter of Brytayn, a man might enlarg the daungers so great to England, as if he had attempted nothyng at all in Normandy and France; yet the daunger hereof might appere so great as ought to induce England to spare no cost to withstand it. But herwith he is not contented to seke this Dukdom, but he destineth all his forces to conquer the kyngdom of France, the principal! kyngdom of Christendom. And to acheve this enterprise, he hath these 2 yers day2 and more corrupted with great somes of mony and larg pensions certen factiouss noble men, not of the bloud of France, nor the gret officers of the Crown; and by them, and with / these rebells, and by wagyng of his soldiers in some of the principal! towns of France, as Pariss, Roan, Orleance, Lyons, Toloze and other, he hath procured a rebellion ageynst the Kyng, ageynst all the prynces of the blood, ageynst all the great officers of the Crown. But fyndyng these rebells not strong ynough of themselves, notwithstandyng they ar well waged by hym, to withstand the Kyng, he hath to his great charges levyed and sent into France, even to Pariss and Roan, armyes collected of Wallons, Lorraynors, Itallyans, Spanyardes, Almayns and Swyzers, wherwith he hath twise entred into France; though God gave hym no good success but great loss and reproch. Besides these forayn armyes sent from the Low Centres, he hath caused his son-in-law the Duke of Savoy to invade France by Provynce and Dolphyne, and the Duke of Lorrayn by Burgundy and Champain. And to envyron France further, he hath sent armyes by sea out of Spayn to invade Languedock. And even now at this present all these forrayn forces ar newly made redy to enter into all partes of France; and by a collorable assemble of the rebells in Pariss to represent the 3 estates, yet without a kyng or a head, he intendeth to be the kyng of that realm, or to make his daughter the Quene, and to apoynt hir a husband to be as his vassal. 'He hath also the Pope so addicted to hym as he that never was wont to send to any partes out of Itally but bulls with lead and parchment, did now levy and send an army into France. And though he colloreth it with matter of defence of Catholick religion, yet both he and the King of Spayn maketh warr ageynst all the princes of the blood and officers of the realm beyng sound Catholyckes; and so they have by ther ambassades lately advertised the Pope, as i. See R. B. Wernham, After the Armada, 1588-95 (1984), pp.435-6 for ships and troops for Brittany.

2. Sic.

Frontyere to the west. Frontyer to the south.

To conquer all France.

f.8i

Rebellion in France.

26

V.

Argument of the Kinge's intention to invade England.

A party in the realm by the seminaries.

£.82

Proves of his intention.

The Eighth Parliament: 19 February—10 April ^593

by the Cardinal Gundy and Marquess Pysany, auncient Counsellor^] of France and Catholickes, so as the pretence of the pope and the King of Spayn in that poynt ar mearly frency.3 'These ar the daungers in Fraunce, and must of consequence draw England to lyk perill, without Code's speciall goodnes and ther spedy support to be gyven to hir Majesty for prevention therof. / 'Now to manifest the King of Spayne's attemptes to invade England, wherof I thynk no good English man is so want of felyng to thynk otherwise, yett I will remembre to yow dyvers manifest argumentes therof, and afterward, to supply the want of any man's felyng only by argumentes or tokens, I will declare to yow the very truth of his determination by manifest proves. 'First, none ought to thynk because he was dissappoynted of his intention for the conquest of England, by his huge navy, therfor he will put that disgrace up and leave with that loss; but it is certayn he hath the twoo last yers buylded a gret nombre of new shippes, of galiasses [and] gallions, and made a nombre of shippes of war as neare as he can to the mold and quantite of the English navy, fyndyng by experience his monstruoss great shippes not mete for our narrow seas. He hath lately armed a nombre of gallyes on the cost of Britayn which he intendeth to send this sommar to Newhaven. He hath also these two yers dayes, both bought and buylt gret shippes in Estland. He hath both from thence, and by corruption of our faynt and covetouss neighbors in Holland and Zelland, recovered with silver hookes both marrynors, shippes, cordage, powder and all provisions. These beyng now on the poynt of redynes to serve on the seas, a good argument may be made that this navy must be for England. For now that he hath all the marytym costes of Brytayn, and that he hath in Normandy Newhaven, ther is no service by sea to enter into any part of France with this navy. 'How he and the Pope ply themselves to wyn a party in England to be redy to second his invasion, I am sorry and loth to relat:4 how far they have prevayled herin, to gayne so great a multitud of vulgar people, yea of some that ar of welth and continance, to adhere to these invaders at ther entry, with vayne hope to attayn to the places, honors and lyveloodes, of such as ar now known trew n[atur]all English men and good subiectes. / 'But to such as these arguments will not suffise to be perswaded that this intention of the King of Spayn to invade this realm is certayn, this that followeth shall fully suffise any man, yea any that useth to beleve nothyng, untill he shall se it. 'Ther ar taken in Scotland and emprisoned certen that came first out of Spayne near afor Christmas from the kyng, who befor had bene sent out of Scotland to the king of Spayn; [and] these messyngers brought assuraunce to certen noble men of the gretest callyng in Scotland, that, if they wold send ther bandes under ther handes and scales to serve the king of Spayn for the invasion of England by land this next sommer, the king wold send an army of xxvm to the west of Scotland; and wold gyve the noble men wages for xm Scottes, to joyn with xxm of his, to invade England; and wold kepe vm of his in Scotland

j. [Lords] Burghley's speech for supply

27

to ayd them to overrule the king of Scottes and to chang the relligion. This accord was perfected by 3 noble men, Erles Arroll, Huntley and Anguss promisyng ther own asistance, besyde assurance in generall wordes of dyverss more not yet discovered.5 And for an ernest penny these erles have receved good somes of mony from the Low Contrey. Now for profF hereof, the messynger that was sent and on ship bord was taken with the bondes of the noble men: some signed and sealed by them all, and of every Erie a part severall bondes in French and Latyne. The messynger hath confessed the hole / to the v. kyng who so carefully preceded therm, as if he had not travelled therin hym self such of his Counsell as war apoynted to examyn the partyes that war taken durst not for feare of the gretnes of the noble men that had offended and war fled, examyn the messyngers of any thyng that might concern these noble men. They ar all fled, and yet the kyng hath gathered of his good subiectes a certen power to pursew them; but it is dowted that they will fle into the West Ilandes, and from thence ether to pass into Spayn, or to have forces sent out of Spayn. But the kyng, the day before he went, caused one Fentry,6 an old practiser with Spayn with the Queen of Scottes, a man of a good houss and great welth, to be executed, beyng a principal! contryver of this conspyracy. To animate the king to follow this action hir Majesty hath sent my Lord of Bourgh.7 'Thus far have I observed my purpose to shew the daungers, and to gyve counsell for the remedy hoc opus hie labor est. And I wold gladly to have some company of whom I might have some light how to fynd out the darknes of the question, wherin when tyme shall serve I will not be silent, but delyver myn opinion and reforme it uppon good ground.'

3. This paragraph is a marginal insertion. 4. The words 'unto som other tyme' follow and have been crossed out. The word 'and' has been added in a later hand, possibly Strype's: it is impossible to tell if Strype was also responsible for the cancellation of the other words.

5. See R. B. Wernham, After the Armada, 1588-95 (1984), pp.45 5-6 for the Scottish earls. 6. i.e. the Laird of Fentry — see CSP Scot, 1589-93, esp. p.804 for Nov. 1592. 7. Thomas Burgh, Lord Burgh.

4. [Lords] Elizabeth's speech at the dose of Parliament, 10 April Text from John Stow, Annales, or a General Chronicle of England (ed. 1601), pp. 1272-3 MS: Oxford, Bodleian Eng. hist. 0.319 (copy, probably later)

John Stow, Annales, or a General Chronicle of England (ed. 1601), pp. 1272-3 Oration of her Maiestie to the Parliament men.

P-I273

'My Lordes, and you my commons of the Lower House, were it not that I know no speeches presented by any other, nor wordes delivered by any substitute, can be so deepely imprinted into your mindes, as1 spoken by her2 selfe, whose order and direction was but followed and delivered by the Lord Keeper, I could be content to spare speech, whom silence better pleaseth then to speake. And because much hath been spoken much lesse shall I nowe neede to speake of mine owne indisposition of nature, and small desire in3 private respect, to be enriched by you present; which wordes shall not witnesse, but deeds by your former experience, having expended what I have received to the preservation and defence of your selves. And thus much I dare assure you, that the care which you have taken for my selfe, your selves, and the common weale, that you do it for a Prince that neither careth for any particular, no nor4 for life, but so to live that you may flourish. For before God and in my conscience I protest, whereunto many that know me can witnesse, that the great5 expence of my time, the labour of my studies, and the travell of my thoughts, chiefly tendeth to God's service, and the government of you to live in a flourishing and happy estate: God forbid you should knowe any change thereof. Many wiser Princes than my selfe you have had, but one only excepted6 (whom / in the duty of a childe I must regard, and to whom I must acknowledge my selfe farre shallow) I may truely say, none whose love and care can be greater, or whose desire can be more to fathome7 deeper for prevention of 8 danger to come, or resisting of dangers if attempted towardes you, shall ever bee found to exceede my selfe: in love I say towardes you, and care over you. You have heard in the beginning of this parliament some doubt of danger, more then I would have you to feare: doubt only should be, if not prevented, and feare, if not provided for. 'For mine owne part, I protest I never feared: and what feare was, my heart never knew. For I knew that my cause was ever iust, and it standeth upon a sure foundation that9 I should not faile, God assisting the quarrell of the rightwise and such as are but to defende. Glad mought that King my greatest

4. [Lords] Elizabeth's speech at the close of Parliament, 10 April

enemy be, to have the like advantage against me, if in truth for his owne actions he might truely so say. 'For in ambition of glorie I have never sought to enlarge the territories of my land, nor thereby to advance you. If I have used my forces to keepe the enemy farre10 from you, I have thereby thought your safetie the greater, and your danger the lesse. If you suppose I have done it in feare of the enemy, or in doubt of his revenge, I know his power is not to prevaile nor his force to feare me, having so mighty a protector on my side. I would not have you returning into the countrey to strike a feare into the mindes of any of my people, as some upon the arrivall of the late navie, dwelling in a maritane shire, fled for feare farther into the middle of the land: but if I had beene by him, surely I would have taught him to have shewed so base and cowardly a courage, for even our enemies hold our nature11 resolute and valiant, which though they will not outwardly shew, they inwardly knowe. And whensoever the malice of our enemies shall cause them to make any ettempt against us, I doubt not but we shall have the greater12 glorie, God fighting for those which truely serve him, with the iustnesse of their quarrell. Only let them know to be wary, and not to be found sleeping, so shall they shew their owne valour and frustrate the hopes of the enemies. And thus farre let me charge you that be lieutenants, and you that in shires have the leading of the most choice and serviceable men under your bands, that you see them sufficiently excercised and trayned so oft as neede shall require; that the wantes of any of them be supplyed by others to be placed in their roomes; and that all decaies of armour bee presently repaired and made sufficient. The enemy finding your care such, and so great to provide for him,13 will with the lesse courage thinke of your disturbance. To conclude, that I may shewe my thankefull minde, in my conscience never having been willing to draw from you but what you should contentedly give, and that for your selves; and having my head by yeeres and experience better staied, whatsoever any shall suppose to the contrarie, then that you may easily beleeve that I will enter into any idle expences.14 Now must I give you all as great thankes as ever prince gave to loving subiects, assuring you that my care for you hath, and shal, exceede all my other cares of worldly causes, whatsoever.' 1. Eng.hist.c.3i9: another hand has corrected the original 'of to 'as' here. 2. Eng.hist.c.3i9: another hand corrects to 'my'. 3. Eng.hist.c.3i9: 'for any'. 4. Eng.hist.c.3i9: 'not'. 5. Eng.hist.c.3i9: 'greatest'. 6. Eng.hist.c.3i9: another hand has inserted 'none more carefull over you'. 7. Eng.hist.c.3i9: 'faddam'. 8. Eng.hist.c.3i9: another hand corrects to this reading from 'from'. 9. Eng.hist.c.3i9: '. . . and that standinge upon a sure foundacion'.

10. Eng.hist.c.3i9: 'warres' rather than 'enemy farre' 11. Eng.hist.c.3i9: 'nation'. 12. Eng.hist.c.3i9: 'greatest'. 13. Eng.hist.c.3i9 omits 'to provide for him'. 14. The overall meaning of this complex sentence seems clear, though its structure is bewildering. Neale made fundamental changes to the punctuation, and he assumed two mistakes in the rendition of the last words, suggesting instead '. . . contrary; then this you may easily believe - that I will [not] enter into any idle expense' (EP, ii-323).

29

i. [Commons] ]ames Morices account of his speech on 27 February and his justification Text from Cambridge University Library, MS Mm.i.5i (Baker 40). Other MS. BL Harley 6846, £108 (Morice's deposition on Peter Wentworth only).

Cambridge University Library MS Mm.i.5i, £08.55-63, 65-6 v A remembrance of certaine matters concerninge the clergye and theire jurisdiccion: Anno Domini 1593, Annoque Domine Reginae Elizabethae 35'"

For that the byshopps and ordinaries of this realme and especiallie the commyssioners for causes ecclesiasticall had of late yeares much practized and putt in ure the lawlesse and condempned proceedinge ex officio mew, whereby upon seacret and oftentymes synister suggestions, fame unproved, and bare suspition they forced both clergye and laiemen to appere before them and to take an indiscreete oath to aunswer such articles as pleased them to propounde, commyttinge to prison the refusers thereof, and some of them without all force of forme of judiciall action, abruptlie extortinge generall oathes, to aunswer unto all such interrogatories and questions as they would ministre, eyther by word or wrightinge. I thought it my dutie, consideringe what the la we of God and this land had determyned concerninge these thinges, by a breefe treatize to admonishe our judges ecclesiasticall of this their errour and abuse, wherein I handled the question of oathes (without touche of any particuler livinge person) in as generall termes as I could, taxinge only the prelates and ordynaryes of former tymes for their cruell and inordinate dealinges ex officio mew, which my wryghtinge, least anye waie it might seeme by publique notice to greeve them I delyvered privatelye but unto twoo, the one an honourable counsellor of estate, th'other a comissioner in causes ecclesiasticall. But findinge neverthelesse the same bad courses to be still continued and noe reguard had of my freindlye admonition, I could not, except I should have whollie forgotten my religion towards God, and my alleagence and love towards my princ and country, but seeke some other way of redresse of these and some other enormyties. The parliament therefore of which I was a membre beinge assembled in the xxxvth years of her Majestie's reigne I spake unto the Lower House the 27 of Februarie, beinge Shrove Tuesdaye, in manner followinge. 'My religion towards God, my alleageance to the Queen's Majestic, the oathe which I have so often taken to assiste and defende the jurisdictions and

i. James Morice's account of his speech, 27 February

authorities / of the Crowne of this realme, and the love of my countrye, move and constrayne me to declare and recomend to the consideracion of this Highe Court of Parliament certaine matters of very great weight and importance, such as concerne the cheefest and most honourable thinges that are amonge us. For is there any thinge more pretious or excellent then these: the sacred name and majestie of allmightie God; the Crowne and regality of our sovereign; the lawes and publique justice of this kingdome, and the liberties of us that are the subjects thereof? God and our Prince by certaine abuses (as I take it) lately crept in amongst us, and that under colour and pretence of lawfull aucthority, are highelie dishonoured, lawe and common justice by lordely and licentious pleasure are violated and perverted; and wee all in our free and lawfull liberties suffer great wronge and injurye. The men that offer these indignities (who would thincke it?) are the persons comonlie called spirituall, exercizinge jurisdiccion amonge us. 'The meanes whereby they cheeflie practize and effect the same, are three: by an ungodlye and intolerable inquisition; by a lawlesse subscription; and by a bindeinge absolution. Their inquisition is in this manner. Eyther upon complaint made of some cryme or offence, by seacret and for the most part malitious enformers, or uppon bare suspition conceyved of their owne phantazies, they cause to be cyted and convented before them hir Majestie's subjects both laie and clergye men: uppon apparaunce, no accuser, lawfull presentment, or matter of accusation appearinge, the partye convented is commaunded and urged to take an oathe to aunswer all such questions and interrogatories as by them shall be propounded, not declaringe unto him, whereof he shall be examined, althoughe he instantlie desier to knowe it. Yf through feare of further treble he accept the oathe, then by captious and searchinge questions concerninge his actions, words, and thoughts, they draw from him some matter whereuppon to frame an accusation, which obteyned, they proceede to their solemne sentence of deprivation, suspention, degradation, imprisonment, or peynes pecuniarie at their licentious / pleasure. Yf the party convented standinge uppon his lawfull libertie refuse to take this indefinite oathe, then as for a heynous contempt ageinst God and hir Majestie he is comytted to hard and miserable imprisonment, there to remayne duringe pleasure without bayle or mayneprise: a course not tollerable in anye well governed estate or comon wealthe. For see you not in these fewe words, ho we many foule abuses are disclosed? The holye and reverent name of God, not to be called to wyttnes, but advisedlie and with judgment, not to be offered to magistrates but with greate discretion and regarde, is by this rashe and ungodlye proceadinge made a meane of lawlesse inquisition, not without perill of most damnable perjury. Hir Majestie hereby is greatlie dishonoured, for that hir regalitie and preheminence royall consistinge cheeflye in the goverment of hir people, accordinge to the auncient lawes and customs of the realme are mightily oppugned. And wee her Majestie's subjects are hereby also many waies greived and oppressed, since by wrested oathes (contrary to all legall proceedings) wee are constrayned to be both accusers and condemners of our

3i V.

£.56

32

v.

The Eighth Parliament: ig February-io April i^gj selfs; and our seacret deeds, words, and thoughts noe waie offensive to the publique peace, are abused as meanes and instruments to deprive us of our pretious libertye, countenances, callings, freeholds and freedomes. 'Wheare is no we become the Create Charter of England, obtayned by many difficulties, confirmed by sondry acts of Parliament, fortified by publique and solemne sentence of execration,1 wherein is conteyned that no freeman shall be apprehended, imprisoned, distreyned, impeached, disseised, or putt from his freehold or franchize, but by the lawe of the lande, which lawe utterlye forbiddeth the imposinge of an oathe uppon him that is accused of anye crime or matter of disgrace? Where is nowe the statute made in the xvith yeare of the reigne of Kinge Edward the Third,2 whereby it is provided that no man be putt to aunswere without presentment before justices, matter of record, due process out, writt orginall, after the auntient lawe of the land? These and many other just and profitable lawes are rejected and cast aside by our ecclesiastical! judges, as antiquate (I use their termes) and worne out of ure. 'Concerninge the second meane, that is subscription, wee all knowe what diversity of opinions and controversye hath risen of late yeares amongest / the clergye men concerninge the Booke of Comon Praier, orderinge of ministers, and the goverment of the Churche, whereof our bishops have framed and propounded certaine articles, politiquelye placinge in the front as a faier shewe an article concerninge hir Majestie's Supremacie (denied by none of them as I suppose), and then induceinge other articles touchinge matters controversed amonge them, without consent and subscription whereunto, none (except some fewe ministers of especiall favour) are admitted to preache, reade, or catechize, minister the sacraments, or to execute anye other ecclesiastical! function. In which their new devise, voyde of skill, what better successe have they, then instead of peace and quietnes, to have blowne upp and hammered all these garboyles and contentions which have trobled the whole realme, that is uncharitable deprivations, disgraceinge degradations, longe and intolerable imprisonment, unlawfull refusalls of presentations, bytter and bitinge invectives, fowle deformations of churches for want of sufficient pastors, lamentable scisme, faction, hartburninge, and such like deformities. Nowe althoughe my meaninge be not to bring in question whither this subscription maie be required, yet desier I to knowe by what lawe the same is compulsarily pressed; by what warrant of justice the refusers are thrust out of their livings, freeholds, and vocations; by what right patrons for such refusall are defrauded of their lawfull presentations, and their sufficient clerks rejected for scismaticks. For any subject of this realme howe great soever, pretend he never so faier a shewe of good order or conformitye, to impose penall lawes and ordinaunces uppon the people of this kingdome I holde to be a great offence and misprision ageinst the sovereigne Majestic of the Prince, sithence to make and ordayne lawes and statuts is a principal! right and prerogative of the Crowne. 'Concerninge the third meane, that is their bindinge absolution, thus it is. Such as are excommunicated (muche what for trifles and matters of noe moment) submitting themselfes to the censures ecclesiastical!, are not absolved,


33

are not dismissed their lingrynge and costlie courts, before they have taken oathe to be obedient to all the lawes ecclesiasticall and the lawfull commandment of the bishop their ordinarie. See yee not what a heavye and intollerable yoke and burthen they impose uppon God's people, ho we they / playe fast and £.57 lose with them at their pleasure, howe, begininge with wrested and extorted oathes of examinations, they conclude with the abuse of God's holye name in their absolutions, byndinge hir Majesite's subjects to performe the lawes they knowe not, and if they were knowne, yet impossible to be performed? 'Yff an oathe were offred unto us to performe or obeye all the lawes and statuts of this realme, were it not most unjust and unreasonable? And shall it be accompted lawfull for our ordinaries to subject us to so greate a bondage? And whoe or what lawe hath gyven power and aucthority to our bishops to exacte of the laie people such a straight oathe of canonicall subjection and obedience? What maie be sayd in defence of these matters I knowe not; but it is nowe highe time for them to declare to the world, by what aucthoritie they doe these thinges, and no longer to hold us in suspence with generall termes of justification. 'In the xxviith yeare of hir Majestie's reigne, this honourable House exhibited certaine petitions to be considered by the Lords spiritual! and temporall, among which was desired that oathes and subscriptions, whereof scruple was made, might bee forborne to be tendred to such as would enter into the ministrie. To the which the Lords spiritual! made this aunswer, that so the ministers should be freed from subscription, which althoughe it were not warranted by statute, yet did it stand in force by lawe, as he that delivered the aunswere said, he had learned of the best lawyers.3 'It was further desired of the reverent fathers the bishops that they would extend their charitable favour to such knowne godlye and learned preachers as had bene suspended or deprived for no publique offence of life, but onlie for refusall to subscribe to such articles, as then latelie had bene tendred. 'The aunswere was a resolute justification. Such of the preachers as are depryved were justlie deprived. That which is done is justlie done, and so would be avowed. 'It was moreover desired of the bishops to forbears th'examinations ex officio mero of godlie and learned preachers not detected for open offence of lief, or apparaunt error in doctrine, and that hir Majestie's commissioners in causes ecclesiasticall would forbeare the like proceedinge. / 'The aunswere hereunto was bytter, sharpe, and offensive to hir Majestie's v. courts of justice, viz. that the dealinge ex officio was necessarie for exercise of bishops' and commissaries' jurisdiction, used in all courts. In the Starr 1. Sic. 2. Cf. SR, 1.345 for 28 Ed. Ill, c.i (1354)? The reference in the text is inaccurate. 3. The reference is to the petitions drawn up in the 1584-5 parliament, and to Whitgift's derogatory response. The words

below about Jesuits, seminary priests and anarchy are a direct echo of Whitgift's own. See Procs, ii.idp for the episode and EP, ii.63—6 for a summary, including Beale's reaction.

34

£58

The Eighth Parliament: 19 February-10 April 1593 Chamber, Chauncerye, and other courts. Misliked by Jesuits and seminarie priests, and from them derived to others that mislike goverment and would bringe the Churche to an anarchic. 'Thus yee see, ho we at this time these abuses were maynteyned by general! termes of justification. The unjust oathes and examinations countenaunced out, by hir Majestie's courts, where no such bad courses are used. The compleynors of this unjust inquisition compared to Jesuitefs], seminaries and such as would bringe the Churche to an anarchic. Subscription and deprivation of godlie and learned preachers for refuseinge the same, then said to be warrented by lawe, but no lawe, reason, or aucthority shewed therefore, onlie wee were posted over to learne the same of the best lawyers, if wee knew who they were. 'I on the contrary saie and affirme unto this honourable House in defence of hir Majestie's rights, and of our lawes and liberties, that these extorted oathes and examinations (for ought I can learne or understand) are ungodlie and unjust, invented and brought in first for none other purpose but to maintayne a Romishe hierarchic; and that the same, together with the aforesaid subscriptions and punishments inflicted for refusall thereof, are injurious to hir royall Majestic and derogatorie to the lawes and liberties of England; the comon order of publick justice requiringe in all judiciall actions an accusor, and accused, and a judge, as the learned Bracton well noteth.4 The Great Charter of England, the statuts before remembred, hir Majestie's writts of prohibicion and attachment forbiddinge such manner of compulsarie oathes as prejudicial! to the Crowne and customs of this kingdome, the declaration and protestation of the whole realme ageinst these examinations in the statute made against heresye, anno vicesimo quinto regni Regis Henrici #"' with diverse reports of our lawe, beinge full and sufficient proofes of this myne assertion.5 But hir Majestie's commyssioners in causes ecclesiasticall (abandoninge as I heare all other pretended matters of justification) flie no we at the last as to their sacred anchor unto the statute made in the first yeare of hir Majestie's reigne, and to their commission framed thereuppon.6 But altogether in vayne, for this statute lawe, / beinge onlie a restoringe acte to the Crowne of the auntient jurisdiction over the state ecclesiasticall, and unitinge onlie such jurisdictions and priviledges spiritual! as heretofore were lawfully used or exercised, can be no warrant unto them of well doinge these so badd actions. 'This is my deliberate opinion concerninge these matters, which I humblye submytt to the grave and wise censure of this honourable House. If I fayle in judgement, I hope my zeale to religion, to the honour of hir Majestic, and good of my country shall easilie procure my pardon. Yf my complaynt be founde juste, then my humble sute is that wee maie all joyne in petition to hir Majestic for reformation of these great abuses and disorders. 'Many reasons there are to stirre us upp to be careful!, earnest, and diligent in this behalfe. Fyrste, the sacred majestic and honour of allmighty God, which all good Christians ought at all times to the uttermost of their power relligiouslie to reguard and mayntaine. Next, the preservation and maintenaunce of our estate and pollicie exquisitelie planted and established in


35

greate wisedome. For amonge all sorts and kindes of goverment, the monarchic is preferred as the best; and worthelie as I thincke. Behold with us the sovereigne aucthoritie of one, an absolute prince, greate in majestic, rulinge and reigninge, yet guyded and directed by principles and precepts of reason, which wee terme the lawe. No Spartane kinge, or Venetian duke, but free from accompt and cohercion of anye, eyther equall or superior; yet firmelie bound to the comon wealth by the faithfull oathe of a Christian prince, bearinge alone the sharpe sworde of justice and correction, yet tempered with mercy and compassion; requiringe taxe and tribute of the people, yet not causelesse, nor without comon assent. 'Wee agayne the subjects of this kingdome are borne and brought upp in due obedience, butt farre from servitude and bondage, subject to lawfull aucthoritye and commaundment, but freed from licentious will and tyrannic; enjoyinge by lymitts of lawe and justice oure liefs, lands, goods and liberties in greate peace and security, this our happy and blessed estate yf wee maie continue the same dearlie pourchased in a greate part not manye yeares paste by our auncestours, yea even with the effusion of their bloud, and loss of their liefes. / And shall wee, as a degenerate offspringe, by negligence and securitie v. suffer the losse of a pretious patrimony, yeild our bodyes to be hurried,7 our consciences to be ransackt, and our inheritaunce to be disposed at the pleasure of our prelates, and not so much as once open our mouthes to the contrarie, forgettinge that the lawes, liberties, and customs of this our countrye are the sinnewes and bindinge bands of our body politique? If the sinnewes be weakned, shall not the whole bodye be enfeabled? Yf the bands be broken, will not dissolution ensue.' If these things move us not, at the least let the regard of our posterity, whom wee suffer to fall into extreame thraldome. Lett the oathe and often promise made in the name of God, to assist and defend the jurisdictions, priviledges, and authorities of this imperiall Crown, stirre and provoke us to be humble and earnest sutors to hir Majestie for redresse of these so greate and greevous abuses and enormities, to whose royall power it apperteyneth to protect and defend the lawes and liberties of England, and to provide remedye for these and such like mischeefs and inconveniences. I for my part to further this good action, what lieth in me, have drawne twoe billes, concerninge these matters, in forme of petition to hir Majestie, humbly praieng that the same maie be receyved in this honourable House, and that the bill concerninge oathes and inquisition maie be presentlie reade, and the other at your good pleasure.' This my speache ended, I delivered my twoe billes unto the Speaker, who then was Mr Edwarde Cooke, hir Majestie's Sollicitour; the true copies whereof doe ensue. 4. Bracton, De Legibus et Consuetudinibus Angliae (ed. S. E. Thorne, 1968), ii.3O2. 5. See SR, 111.454-5 f°r 25 Hen. VIII, 0.14 (1533-4).

6. i.e. section viii of i Eliz., c.i in SR, iv.352. 7. Sic. p. 18.

3-6

£59

v.


An act agenst unlawful! oathes, inquisitions, and subscriptions. In most humble wise lamentablie shewe and complayne unto your most excellent Majestic, your lovinge and obedient subjects, the commons of this your realme of England. That whereas oathes, in which allmightie God, or his most sacred and reverent name is called or taken to record, ought to be ministred by majestrates and such as are in / aucthoritye with greate discretion, to the glorie of God, furtheraunce of justice, and benefytt of the common wealth, accordinge to the lawe; and to be taken by such as depose uppon good advisement, in truth, justice and judgment. And wheare also by the lawes, pollicye, and justice of this your Highnes' realme, no subject of the same ought to make aunswer to any criminall cause or matter, without due presentment, or indictment before justices, matter of record, originall writt, processe by lawe, or bill of complaynt: nor ought or maie be forced uppon his oathe, in any such case, to be his owne accuser. And where also it standeth not with the right order of justice nor good equitye that any person in any case should be convicte, and putt to the losse of his lief, good name, lands, or goods, unlesse it were by due accusacion of wyttnes, or by presentment, verdict, confession, or processe of utlagarie, as the estatute made in the xxvth yeare of the reigne of the late kinge of famous memorie, kinge Henry the Eight, your Majestie's deere father, entitled, 'An acte for the punishment of heresye,' doth well manifest and declare. Yet notwithstandinge so it is, most gratious Sovereigne, that nowe of late yeares certaine commissioners in causes ecclesiastical!, by colour and pretence of their commission and lettres patents undre the Greate Scale of England, and diverse byshops' ordinaries and judges ecclesiastical! of this realme, unlawfullie assuminge aucthoritye to themselfes, and ex officio mew, as they terme it, contrary to the true and lawfull use of an oathe, in prejudice of hir Majestie's crowne and regalitie, and in derogation and subversion of the lawe and publique justice of this land, have practized, putt in ure, and enforced a most hard, unjust, and intolerable kinde and forme of inquisition, in and concerninge causes cryminall, forcinge and constrayninge the people of this your Majestie's realme, as well persons ecclesiasticall as temporal! many times, uppon seacret, malitious, and sinister information, and sometimes agayne upon bare and naked suspition conceyved onlie of their owne phantazies, to be arrested, by their bodies convented before them, and uppon their personal! apparaunce have offred and urged unto them a corporall oathe, to aunswer unto all such questions, / interrogatories, and demaunds as they shall or will sett downe or propounde, no accuser, or matter of accusacion appearinge to the party convented. And denienge to declare or make knowne before oath taken, whereof or to what end or purpose those questions or interrogatories shall be ministred: which manner of oathe beinge once taken, and the deponent thereby straightlye bound and snared, they proceede at their pleasure to minister their troblesome and captious interrogatories, by which they seeke to searche and bringe forthe, not onlie the unknowne deeds and actions of men, but also their very inwarde and seacret thoughts, purposes and entents. Whereby oftentimes it cometh to passe that the party deposed, concealinge the


37

matter whereof he is examined (to the highe offence of allmightie God, and greate perill of his soule) is perjured and forsworne; and sometime[s], agayne discloseinge and revealinge matter of crime or offence, is made thereby his owne accuser; and then uppon that confession, is forthwith grounded and framed an accusation, whereupon these judges ecclesiastical! proceede to judgment and sentence ageinst him, by which they eyther impose some greevous fine, or inflict some payne or punishment corporall, or (if the party bee a person ecclesiasticall) deprive him of his freehold and spirituall livinge, contrary to the Greate Charter and liberties of this your Majestie's realme of England, or suspend or degrade him from his ministerie and function. And if the partie convented (better advised) refuse or denye to take any such rashe or unadvised oathe, or to submitt himselfe to any such unusuall inquisicion, then he is forthwith commytted to prison, there to remayne at their pleasures without baile or maynprise, or else is excommunicate by censures ecclesiasticall, to his greate and intollerable treble, charges, and disgrace. And such persons as they have by censures ecclesiasticall excommunicated, they will not absolve before they take an oathe of them, to be obedient to all the lawes ecclesiasticall of this realme, and to the lawfull commaundment of the bishops their ordinaries. For redresse and reformation of all which greate and heinous abuses, oppressions, wrongs and injuries, and to the entent that your most excellent Majestic in your regalitie, crowne, and prerogative royall, maie suffer no prejudice, and that the right and true course of publique justice within this your realme maie be preserved and mayntayned; maie it please your most / royall Majestic, for f.6o the honour of allmightie God, and the tender love, zeale, and princelie affection that yee beare, and allwaies have borne, to the wealthe of this your realme and subjects of the same, to ordayne, provide, and enacte by the assent of your Lords spirituall and temporall, and the Commons in this present parliament assembled, and by the aucthoritie of the same, that if (after the end of this present session of Parliament) the commissioners in causes ecclesiasticall for the time beinge, or any of them, any archbyshops, bishops, ordinary, or other judge, or person ecclesiasticall, or havinge or executinge ecclesiasticall power or jurisdiction, shall or doe minister or offer any suche or like kinde of generall oathe to any person or persons, or at any time from henceforthe use, exercise, putt in ure, or practise any such manner, kinde, or forme of inquisition, in, for, or concerninge any criminall matter, cause, or offence whatsoever; or shall send, commytt, or commaunde, or cause to be sent, commytted, or commaunded to prison, ward, or custody any person or persons, for denienge or refusinge to sweare, take, or depose any such or like kinde or manner of generall oathe; or shall proceede to give or pronounce any sentence of excommunication ageinst him or them so refusinge, or otherwise greeve or molest him or them for the same, or shall offer or minister to any subject of this your Majestie's realme, in, or for, any cause or matter criminall, any oathe contrary to the lawes, statutes, or liberties of this your realme: that then the said commissioners, and every of them, and every archbyshop, byshopp and ordinarie and every person havinge or exercisinge power or

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The Eighth Parliament: ip February-io April i^gj

jurisdiction ecclesiasticall, offendinge in any of the cases or poynts aforesaid, shall incurr into and suffer the daunger, paynes, forfeyture, and penalties ordayned and provided in, and by, the statute and acte of Provision of Premunire, made in the xvith yeare of Kinge Richard the Second.8 And where also in, and by, the Create Charter of England, amonge other things it is conteyned that no freeman should be disseised of his freehold, liberties, or free customs, or by meanes distressed, or bee proceeded ageinst, but by lawfull judgment of [his peers]9 or by, or accordinge to, the lawe of the v. lande; / and where also by a statute made in the xxvth yeare of Kinge Edward the Third it is enacted, amonge other things, that no man be putt out of his franchizes or freehold, except he be duelie brought to aunswer and forejudged of them by waie of lawe: and if any thing be done to the contrary, that it should be redressed and holden for naught.10 Yet neverthelesse, most gracious Sovereigne, the archbishops and bishops of this your realme, or some of them, little reguardinge the said good and holsome lawes and statutes, have nowe of late yeares framed and devised of their owne heades and imaginacions certaine articles in wrightinge concerninge the Booke of Common Praier, and of orderinge bishopps, priests and deacons, and other matters ecclesiasticall; and without warrant of lawe or aucthoritie of Parliament have urged, inforced, and compelled by vehement perswasions, threats, and menasses, diverse persons ecclesiasticall of this your Majestie's realme to subscribe to the same; and such as upon scruple of conscience have refused so to doe, they by unjust censures, judgments, and sentences have, contrarie to the lawes and statutes aforesaid, eyther suspended them from their ecclesiasticall function and office, or else altogether deprived them of their freeholds and livings spirituall; and some others agayne by lawfull patrons duelie presented unto benefices and promotions spirituall have rejected and refused to admitt and institute, to the greate impoverishment of such persons ecclesiasticall, the defraudinge of sondry patrons of their right of presentation, and the people of this your Majestie's realme of many their good pastors and taachers. For reformation whereof most humblie beseechen your Majestic, your said obedient and faythfull subjects, the Commons of this your present parliament assembled, that it maie please your most royall Majestic (in whose regality it consisteth to preserve the people in peace and tranquillity, and to governe them accordinge to the lawes, usages, and franchizes of the land) to ordayne, provide, and enact, with assent of the Lords spirituall and temporall, and the Commons in this present parliament assembled, and by the aucthoritie of the same, that no such subscription, consent, or approbation be from henceforth urged or enf.6i forced of, or unto, any of hir / Majestie's people; and that it maie be further enacted by the aucthoritie aforesaid, that if at any time hereafter the commissioners in causes ecclesiasticall for the time beinge, or any of them, any archbishop, bishop or ordinarie, or judge ecclesiasticall of this realme shall, or doe, suffer, requier, urge, or enforce any such subscription or consent, to, or upon, any person or persons whatsoever; or shall impose or inflict any payne, fine, losse, or imprisonment upon any subject of this your realme, for not


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subscribinge or consentinge to the said articles, or to any articles whatsoever not warranted or commanded to be subscribed or consented unto by the common lawe or some statute of this realme; that then the said commissioners, archbishops, bishops, ordinaries, and judges ecclesiasticall, and every of them so doinge and offendinge in any of the poynts aforesaid, shall incurr into and suffer the daunger, paynes, forfeytures, and penalties, ordeyned, and provided in and by the said statute and act of Provision and Premunire, made in the said xvith yeare of Kinge Richard and Second. An acte ageinst unlawfull imprisonment and restraynt of libertie. But in stay of readinge of the bill ageinst inquisition, Mr Dalton, a lawyer of Lincolne's Inn stood upp, and recitinge the particular greevances recited by me, denied those thinges practized to be any way unlawfull or prejudiciall to hir Majestie's regalitie, and with vehemency fell to inveighe against Puritans, and the Church of Midleborough in the Lowe Country, which his speache as impertinent, the house seemed to mislike, and therefore by many he was with spittinge and coughinge interrupted. Next unto him spake Mr Wolley, one of hir Majestie's honourable Pryvy Counsell, who bare us in hand that wee were forbydden to deale in any matters of estate, and that these thinges touched ecclesiasticall goverment, saienge that wee went about to make discord and variance, where peace and concord was. And after him Mr Dr Lewyn, a civilian, discoursed at lardge of goverment and justifienge the proceedinge ex officio, said it was devised for that / accusacion was odious and daungerous: and v. as touchinge subscription he affirmed the like to be practized at Geneva. To whome for the matter of inquisition Mr Fynche of Grey's Inne replyed, affirminge the same to be contrary to the lawes of the realme; shewinge withall that it was an article aggreed uppon betwene the Kinge and Thomas Beckett, Archbishop of Canterbury, that no such course of inquisition by oathe should be practized within this realme.11 Sir Fraunces Knowles, Treasurer of hir Majestie's Household, in approbation of my speech, denied that I spake ageinst ecclesiasticall jurisdiction, but ageinst abuses in the clergy, and lokinge upp to Doctor Lewyn said, 'Whatsoever your lawes civill or comon12 bee, if they be contrary or ageinst the lawes of the realme, they must stoope and submytt themselfes.' After this Sir Robert Cecyll, one of hir Majestie's Pryvy Counsell, wished that the readinge of the bill might be stayed tyll the next daie, beinge a matter of weight, and the time well spent. The Speaker also, reckoninge the leafes of the bill, said it was longe, consistinge of many parts, and therefore it would be very hard for him on the suddaine to deliver the contents thereof to the House. Whereupon I desired that the bill concerninge imprisonment might be read: which not obtayned, the conclusion was, the Speaker promised the House to bringe those bills againe the next daie, and in the meane time safelie 8. 9. 10. 11.

See SR, ii.84-6 for 16 Rich. II, 0.5. Gap in MS. See SR, i.32i for 25 Ed. Ill, stat.5, 0.4. See Commons 2 for Finch's reference,

and English Historical Documents, ii. (ed. D. C. Douglas and G. W. Greenaway, 1981) pp.766-70, esp. clauses 6, n. 12. Sic. presumably 'canon'.

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to kepe them from the viewe of any man. But as I have heard, he was in the meane time commaunded to come with the billes to the Court, which accordinglie he did. What became of them after, he best knoweth. It is affirmed that in respect of his promise, he was suffered to retorne them to the House. But most certaine it is they were never read there, nor any determinacion nor order of the House made concerninge them; only a commaundment was delivered from hir Majestic that there should be no dealinge in matters of estate, eyther civill or ecclesiasticall. The next day beinge Ash Wednesdaye, I appered before the Lords of hir Majestie's Pryvie Counsell, in the Counsell Chambre, adjoyninge to the Highe House of Parliament. There were present / the Lord Keper of the Create Scale, the Lord Threasurer, the Lord Admirall,13 th'Erle of Essex, and the Lord Buckhurst, beinge sett uppon a forme at the outsyde of a table. They sent for me. I demaunded at my cominge whither it were their Lordships' pleasure I should kneele? Aunswer was made, 'Yea'. Kneelinge awhile, the Lord Threasurer said, 'My Lords he hath bene latelie sick; yee may doe well to give him leave': which graunted, I arose. Then the Lord Keper said unto me that I was a gentleman whose good fortune he had alwaies wished. But nowe I had greatlie hindred myselfe, incurringe hir Majestie's highe displeaure for that I had dealt contrarie to hir expresse commaundment in matters of estate; and that before hir Majestie's matters determyned, and withall that I had touched ecclesiasticall jurisdiction. 'For which causes', said he, 'hir Majestie's commaundment is, that you should be sharplie chidden, yea and committed also.' At which his last words he loked on the Lord Threasurer, who said, 'Yea, to some Counsellor's house.' The Lord Keper proceedinge yet further, well performed that hir Majestie's commaundment, growinge by length of speeche into some warmenesse ageinst me; justifyenge the oathe that I impugned to be lawfull in so much that the like was used in the Exchequer generally to aunswer all such questions as should be propounded. His speeche ended, the Lord Threasurer said that eyther I had bene very negligent, if I did [not]14 understand hir Majestie's commaundment not to medle with matters of state, or else willfull, if I did understand it. 'Wee have not scene', saith he, 'your billes, but heard of them. Good matter they contayne, your fault is onlie in forme. Yf any things were amisse in the ecclesiasticall goverment, you should have privatly informed the Quene thereof, who hath power and aucthority to reforme all such disorders. Your bill of ecclesiasticall matters toucheth some of us here: but in faythe my Lords you knowe, I deale not in that commission. You doe well in your bill of imprisonment to except the Quene, hir counsell, and the justices, but none of us can (if that were lawe) cornmytt any man to prison, without expresse cause in wrightinge. But in fayth my Lords, for my parte I commytt as fewe / as any man'; and lokinge to my Lord of Buckhurste, 'My Lord', said he, 'commaunded you allso to chide him: but I thinck there is enoughe said.' Then I demaunded of their Lordships whither they would give me leave to aunswer for my self. 'What else', saith the Lord Threasurer, 'yf you will'. 'Then my


Lords', said I, 'I am sory I have any waie offended hir Majestic. I had no entent so to doe: but in the dutie of a good subject, and in discharge of my oathe, I sought onlie to have by hir Majestie's aucthority in Parliament redresse of diverse wronges and injustice ofFred by ecclesiastical! judges. I have often taken the oathe of defendinge and maynteyninge hir Majestie's rights and prerogatives, and nowe of late, even this last Hertford terme, your honours pressed the same upon us. And howe then should I hold my peace, seinge hir Majestie's Crowne and regality touched by this injustice? My Lords, I have discharged my conscience toward God, my Prince, and contrye,' ('Wee thinck', saith one of them, 'y°u did it of conscience.') 'and by such ordinarie meane', said I, 'as heretofore hath bene usuall in all other princes' times. And I hoape, hir Majestic will not denye hir subjects to complayne to hir selfe in Parliament of wronge and oppression ofFred them.' Then one of them said I was not to tell them of presidents. 'As touching that which you, my Lord Threasurer, said, that I was eyther negligent or willfull: my Lord, I was neyther the one nor the other, for I am assured hir Majestic gave no such commaundment of restraynt for dealinge in matters of estate. An old commaundment I remember, which was not to medle with matters of religion.' 'Whye', saith my Lord Threasurer, 'howe can you tell? You were sick; you were not there.' 'True, my Lord', said I, 'I was then sicke, but not so simple, being one of the Parliament House, but I could learne of others there present what was said or done. And you, my Lorde Keper, in your speeche in the House gave no such commaundment from hir Majestic.' To which he aunswered nothinge. 'You stand much uppon the statute of 25 Henry 8 for repeale of the oathe', saith the Lord Threasurer. 'But that statute taketh it awaye onlie in matter of heresye.' To which I aunswered. 'My argument was a majori, viz. that if it were not thought / tollerable in that greate and odious cryme of heresy, much lesse was it to be used in inferiour.' To which the Lord Threasurer makinge some replye, I aunswered, 'My Lords, I come not to dispute with your honours, but to knowe your pleasures.' Then did the Lord Threasurer reiterate agayne that my fault was in forme, not in matter, and howe the Quene would of hir selfe reforme that was amisse. To which I aunswered, 'So hir Majestic do it, and in time. It is all I doe desier. Your Lordships' pleasure is that I shall retorne to my house to dynner, and then understand whither I shall goe.' They said after dynner I should knowe to whome I should be commytted. 'Some little submission, Mr Morice', said the Lord Buckhurst, 'would doe well.' To which I made noe aunswer, and so in my departure the Lord Threasurer agayne said my fault or error was in forme. 'And somewhat in matter', said my Lord Keper. To whose speech I aunswered, 'I knowe not that, my Lord'. And so went to my house at Westminster, and the Lords to the Parliament House. A little before dynner a gentleman of my Lord Keper's, and after him another

13. Lord Howard.

14. Inserted in pencil.

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of my Lord Threasurer's, came and told me that I must in the afternone goe to Sir John Fortescue's house at the Old Wardrobe, and there remaine. Whither accordinglie without any guard I went, and finding Sir John Fortescue in his parlour, I told him that I was come to render myself as hir Majestie's prisoner to his custody; who thereupon very honourably bad me welcome, brought me to my chamber, and told me, he hoaped my restraynt wold be but for some fewe daies; that my friends might have access unto me, that I mighte have a man or two to attend uppon me; and because I was sickly, his steward should make provision of what pryvate dyet I would: or if I liked to be at his table, I should be hartely welcome. For which courtesy, I humbly thancked him, and so for a while contented myself as I might, with my restraynt.15 But not withstandinge these I receyved could comfort, or none at all. On the 17 daye of March, I was sent for to come before some of the Lords of hir Majestie's Pryvy Counsell at Russell House, to be examined concerninge Mr Peter Wentworth's attempt of mocion for establishment of succession, where the Lord Keper, the Lord Buckhurst, and Sir Robert Cecill examined me concerninge that matter. To whom I declared what I knewe; which at their honours' commaundement, I settinge downe in wrightinge, subscribed / with my owne hand, and sent it to the Lords. The next daie, which my declaracion as I was enformed, it pleased hir Majestic to have read unto hir. Att this time I humblie moved their honours to be a meane to hir Majestic for my deliverance. Whereunto my Lord of Buckhurst aunswered, the thinge that I desired had not bene forgotten. The copy of my declaration concerninge Mr Wentworth's cause is as followeth. On Thursday before the full parliament began Mr Peter Wentworth came to my house at Westminster, desireinge to have myne advise and counsell. I demaunded of him wherein. He said in a matter concerninge the parliament. I thinckinge it had bene touchinge the retorne of some knight of a shire or burgesse (for that diverse had bene with me for counsell in such cases), asked of him what matter of parliament it was that he ment. He said the succession, which would be moved. 'Succession', said I, 'what is he that dare medle with it?' 'Mary', saith he, '1 meane to move it my self; and I have drawne a speeche here in wrightinge which I purpose to use in the parliament house. And I praie you let me have your counsell therein, and I will be advised by you.' Whereupon I wished him to leave his wrightinge with me (for that I was then busy) and come to me the next daye in the afternone, and I would tell him more of my mynde. [He left it with me and departed.]16 The next daie about ten or eleven of the clock in the forenone he came againe; to whom I saide he came soner then I loked for. After dynner pryvately betwene him and me, I told him I had perused his longe wrightinge [and that I utterly misliked thereof, bothe for matter and]17 forme. He desired me then I would amend it. I said that passed my skill, and if I could, yet he should pardon me, for I ment not to busye my self therein. Then he praied me to be content that he might bringe an honest gentleman of the Temple to conferr with me about that cause. I


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demaunded, what gentleman that was? He said Mr Stevens.18 I told him I knewe Mr Stevens well, but he should pardon me, I would neyther in this case, or any parliament matter conferr with any man. 'And you, / Mr Wentworth', f.66 said I, 'should beware of conferences, for if you remember, you and others were committed to the Tower for your conference in matters of religion the last parliament.' Perceyvinge by these requests that yet he continued in his former purposes, I asked of him what reason he had to make any such mocion. He aunswered it would be well accepted by a greate nombre in the House. 'Yf that be all', said I, 'I thinck you will be deceyved, for I verelie thinck there is never a wise man in the House will like of your mocion; and if they did, to what purpose were it, for besids the offence of hir Majestic, you should be sure of a present commaundment to surcease. You knowe', said I, 'that in the viiith yeare of hir Majestie's reigne the like mocion sorted to that yssue.' I told him also from that time (havinge had conference then with the19 grave counseller Mr Doctor Wotton) I was for my part fullie satisfied that it was neyther safe for hir Majestic nor good for the realme to deale in the20 succession. 'But of one thinge', said I, 'I mervell muche in your wrightinge I have read. You make mencion of a bill you would deliver into the parliament house concerninge succession; and it passeth my reach and capacitie howe a bill maie be framed.' 'It is a bill', said he, 'with blancks.' 'With blancks?', said I. 'And when', said I, 'shall these blancks be filled up? You heare the Quene's Majestic meaneth this parliament shall be short, and if wee should enter into dealinges with the tytle of the Crowne we had neede, I thinck, hold a parliament a21 yere longe. I demaunded of him, where that bill was. He said it was not there. Then he desired me to reade another wrightinge, saienge it was a draught of a peticion to be exhibited to hir Majestic by the Lords and Commons concerninge succession. I was loth to take so much paynes, seinge22 it was to no purpose. Neverthelesse pressinge me to reade it, I tooke it and reade a fewe lynes, and mislikinge of the termes and phrases, I made a pawse, and said unto him, 'Mr Wentworth, thinck you that if the Lords and Commons will at any time exhibite a peticion to hir Majestic concerninge this matter that they will use your phrases, as thoughe they wanted invention / of theire owne? But shall I v. tell you? When that daie cometh (which I thinck I shall never see) you maie then offer your conceyte unto them.' 'Well', said he, 'then lett it alone.' And

15. There follow copies of letters written by Morice to Burghley on i and 13 March and to Essex on 4 March urging his case again, and complaining (to Burghley) that 'the great things of the lawe and publique justice maie not be touched [in Parliament] without offence', though 'billes of assize of breade, shippinge of fyshe and such like may be offred and recyved' (f.63v). He

16. 17. 18. 19. 20. 21. 22.

also pleaded his ill health through pleurisy. From Harl. From Harl. Richard Stephens. Harl.: 'that'. Harl. adds 'matter of. Harl. adds 'whole'. Harl.: 'saying'.

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The Eighth Parliament: ig February-10 April 1593

so he departed from me, with what minde I knowe not. But as I heard, he was that afternone commytted to the Tower. Before that time nor since had I ever any speache or conference with him, or any other, concerninge any mocion to he made for succession. James Morice.23

23. There follows a copy of a letter to Burghley dealing with the suggestion that he had been involved in discussion about the succession, and another sympathizing with Burghley's goutridden condition and asking for his support. He then gives an account of the circumstances of his release, and the caution he received, namely that if he

had any further complaints, they should not be made known to the 'comon sort', but declared to the Queen: other complainers should be reported. He also comments on Richard Cosin's Apology . . . and its attack on Morice's own treatise referred to at the beginning of the document.

2. [Commons] Speech of ]ames Morice and the debate which followed, 27 February Text from Lambeth Palace Library, MS 2019 Lambeth Palace Library MS 2019 fos.3-4v The effect of Mr Morris his speeche in the Lower Howsse of Parliament, 27° Februarii 1592. After hee had in preface declared that his duetee to God, his alleagiaunce to her Majesty, and love to his contrey had enforced him to speak, hee declared in generall great greevaunces imposed upon the subiectes, to the great dishonour of the majesty of God, the empayring of her Majestie's crowne and dignitie, and the breache of the libertees where untoo wee are borne and whereby wee live. And by whom are theis enormitees committed but by persons of the spiritualtee, etc.'? Who among other thinges have burdened the subiect with three especiall yokes, viz: inquisition, 2° lawlesse subscription, and f a bynding absolution. By inquisition the prelates proceeded against men, contrary to all forme of lawe, onely upon articles preferred against godly men by maliciouse persons and suche as cared neither for God nor religion; and having nobodie to accuse them, they were enforced to take an oath to aunswere to suche matters and interrogatories as should bee devised against them, which tended to the prophanation of Code's most holy name, which should not bee used but in judgement, justice, and veritee. Neither have the prelates any authoritee to ministre any suche oath, yet doo they proceed against the parties, sometymes by deprivation, sometymes by suspension, sometymes by imprisonment, and sometymes by payne pecunarie, according to the licentiouse pleasure of theis bishoppes. Touching subscription, they doo likewise urge learned divines to subscribe to three articles of late devised by them to entangle men's consciences, whereuntoo yf they doo not subscribe, then are they either deprived of their livinges, or not admitted to benefices whereuntoo they are by due course of lawe presented, or beeing men hable to doo God good service in his Churche they may not bee receaved into orders, contrarie to all lawe and religion. And for the more conning and politik conveighaunce of this their devise, to colour their dooinges they have placed in the first place and forefront of the articles the article of the Supremacie, whereuntoo they knowe theis good men will not refuse to subscribe. The other two articles they presse with more eagrenesse,

27 February 1592-

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and for refusal! thereof proceed against them with all extremitee: a great burden to her Majestie's most true and loyall subiectes, and a high misprision against her most excellent Majesty, in that they doo obtrude suche articles as are neither warraunted by lawe nor scripture. Their absolution, though it seeme to bee a benefite and relieffe to the subiect to bee freed from their heavie censures, yet is it in deed worse then the censure it self. For they may not be absolved, forsooth, unlesse they take a prophane oath that they shall bee obedient to their lawe and accomplish the orders and lawes of their Churche whatsoever: which is suche a burden to the subiect and to his conscience as nothing can bee more. What lawe or good order doeth requyre the oath for canonical! obedience, etc}. And here hee entered into a discourse, howe farre wee are in duetee bound to obey the prince, which I did not well conceave, nor hee himself playnely utter. Of theis enormities when redresse hath been sought in tymes past, wee have been posted over to the bishoppes and to their best learned lawyers, where, or who they were, wee knowe not; and so they deale fast and loosse with us by dryving us of and delaying us from tyme to tyme, so that nowe the matters beeing of so great importaunce it is tyme for us to seek furder redresse, etc. In the 27 yere of her Majestie's reigne upon the like occasion the bishops were moved, / first that they would bee content to spare the subscription, because many men's consciences were offended therewith; secondly, that yf that could not bee obteyned, yet that some godly preachers among the rest might upon speciall considerations bee favoured with a kynde of protestation and limitation; and thirdly, that they would thensefourth forbeare to ministre the oath ex offido. Whereuntoo suche aunswere was made as all were concluded schismatikes that refused the same; and thereuppon have all the contentions growen that since have bene raysed in the Churche of England, to the hinderaunce of Code's service and disquieting of the most true and forwardest subiectes. And this was all the aunswere that could bee obteyned at the handes of our prelates. Onely the commissioners for causes ecclesiasticall, for mayntenaunce of their oath ex offido, have flyen as it were to their onely holy anchor, viz: the statute of i" Elizabeth, whereby they say they are warraunted so to doo; and doo likewise affirme that the Court of Starre Chamber, Chauncerie, etc. doo proceed in lyke maner, which is meerely untrue, and well knowen to you all there is no suche matter. 'And therefore forasmuche as to this day no redresse could bee had for theis unlawfull proceedinges, I thought it good to drawe theis two billes', etc. Mr Dalton, rysing next, shewed that although under the gloriouse names of the majesty of God and her Majestie's crowne and dignitee the zealouse man that spake before would shrowde his conceytes, yet in trouth it was not so, nor any thing tending that way, but onely to the maynteyning of puritanes in their impure opinions, and breache of all good orders. And for that her Majesty had signified her good pleasure that no innovation or alteration should bee attempted etc., hee thought it want of duetee to move any suche matter, and therefore in conclusion wished her Majesty might bee acquaynted withall before it were furder proceeded in.

2. James Morice's speech and the debate that followed, 27 February

In the tyme of his speeche, beeing of some length to this effect, it was straunge and shamefull to see howe a nomber of the House without all modestie or discretion coughed and hauked, of purpose to putt him out. Sir Joh[n] W[olley] succeeded, who iumping with Mr Dalton in his speeche of the distinction of the two courtes, the ecclesiasticall and the temporall, and the severall proceedinges of them both, which hath continued many yeres without medling one with the other, thought it was not possible for the gentleman that spake first, beeing a student of the common lawes of the realme, to have any understanding in the civil lawes, which is a long and a whole studie of it self. And as for the obiection of contentions that have arisen about theis questions, it might verie well bee retourned upon himself and suche as hee is, that have bene the speciall occasions of all the late contentions. And concluded with Mr Dalton's motion. Dr Lewyn1 shewed the great danger of chaunging the lawes, which were made and continued for the gouvernement of any state; and by the similitude of a tree and of a man's bodie, howe absurde it were to goe about to cutt of any principal! member thereof, as the state of bishops is, beeing one of the armes of our commonwelth and gouvernement. And aunswering everie parte of Mr Morrice his speeche, hee shewed the antiquitee of proceeding by inquisition, affirming that it was more milde and laudable then proceeding upon accusation, which was verie odiouse; and therefore the one kynde was called nobile officium judicis and the other mercenarium. Besides it was dangerouse for a man to accuse, because if hee fayled in prouff he was subiect to the same penaltee that the partie should have susteyned if hee had been found guiltie, etc. For subscription, that it was a thing most necessarie for uniformitee, and besides it was requyred by statute of 13° nunc Reginae of everie one admitted to a benefice to reade and yeld his consent to the Articles of 1562, upon payne of losse of his living.2 And for the article of the Book of Common Prayer, it was no furder urged then that there was nothing in it contrary to the worde of God. For the bynding absolution, as it hath bene a thing used the space of theis 15 hondred yeres, so was it in deed devised infavorem, in regard of the poore, who beeing not hable to putt in a caution or a pledge according to lawe, the judges were then content in lieu of his caution to take his oath de parendo juri, et stando mandatis ecdesiae, in forma juris: which wordes are likewise used in the common lawe, by vertue whereof none may bee absolved who is taken upon the writt de excommunicato capiendo unlesse hee sweare de parendo juri, etc.; and so in other writtes and causes mentioned in their bookes. And concluded with Sir John W[olley]. / Sir Francis Knollis in breif thought that the gentleman that moved this matter was not to bee reproved for his good zeale and meaning, in that hee sought to reforme some abuses which hee had found, and not to make any innovation. i. The anonymous journal (f-3iv) places this contribution after Knollys' - see EP, ii.27i, n.i.

2. SR, iv.546-7 for 13 Eliz., c.i2.

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The Eighth Parliament: 19 February—10 April i$gj One Mr Stevens, though it seemed hee was somewhat affected to the bill, yet hee wished her Majestie's pleasure were first knowen. But Mr Henry Fynche peremptorilie vouched, upon the speeche of my Lord Keeper, that her Majesty had not prohibited any speeche or medling concerning the renovation (as he termed it) of any thing that had heretofore bene in question. For theis matters, among other thinges, were some of the quarrelles between King Henry 2d and Thomas Beckett, as Mr Fox reporteth in Actes and Monumentes,3 and therefore are no newe matters, but worthie of good consideration and to bee called to remembraunce. And therefore hee took it that it was not in the compasse of his Lordship's speeche, especially when it tended not to any innovation but onely to take away the abuses growen through the corruption of bishoppes and their officers, wherewithal! hee was in particular more acquaynted then hee thought any of the House was besides, and namely in cases of prerogative, extortions, etc., which hee thought might bee taken away aswell and without any blemish to the state ecclesiastical! as a wemme or a wart from a man's bodie without impayring the bewtie or substaunce of the bodie. And whereas the gentleman that spake to the bill was otherwise learned and discreet, yet hee marvelled that hee would preferre the proceeding by inquisition before accusation, for in Code's lawe no man was condemned without accusers, and the accusers were commaunded to lay their handes first upon the convict; and in St John, Christe sayed to the adultresse, 'Where are thy accusers?'4 And therefore the long continuance of their course by inquisition is not to bee allowed, especially when they doo not onely inquyre of men's actions and speeches but even of their verie thoughtes, a thing meerely repugnant to lawe and more odiouse then the proceeding by accusation; and therewith vouched Julius Clarus5 the civilian, who sayeth l haec tamen practica nunquam mihi placuit', etc. And so desiered the bill might bee readd. Sir Robert Cecill rysing, first fynding fault with the disorder committed against Mr Dalton, beganne likewise to dislyke the newe contention (as hee toke it) betwene Dr Lewyn and Mr Fynche, the one defending inquisition, and the other accusation: ffor the House growing into some calme, and resolution to know her Majestie's pleasure, that course was leafte, and the quarrell sett fresh abroache. But in conclusion wished her Majesty might bee made acquaynted withall. Yet the House called for the reading of the bill. But Mr Speaker signified the tyme was short, the matter of great importaunce, so that it requyred his greate care, and also his diligence, to consider of it, to the end hee might bee the better hable to repeat the same, which upon the soddeyn hee could not doo: yet promised upon his fayth to the House so to kepe the same as no man should see it, unlesse it would please the House to appoynt some unto him for conference about it, to see whether it were fitt to bee readd or no. This motion was utterly denyed as beeing against the orders of the House. Mr Hubberd, one of the vj clerkes, moved that the Privey Counseyle who were of the House might conferre with him of it, but it was also denyed as

2. James Morice's speech and the debate that followed, 27 February

49

beeing against the ordres; and thereupon the Speaker agayne protested that hee would keep it secrete. One young gentleman (whom I knowe not) stood up and signified that the Speaker / missetook the matter. For there was no bill as yet putt up, but onely v. a supplication framed to her Majesty in the name of the House to understand her good pleasure whether they might preferre a bill, which in deed the first speaking gentleman had readie to preferre if her Majesty were so pleased. And therefore desiered that the supplication might be readd: which was likewise desiered by a great many others. But the tyme was past, and so it was deferred till to morrow. And this was the effect of the whole action this day touching this matter, as farre as my single memorie could beare it away.6

3. The Acts and Monuments of John Foxe, ed. J. Pratt (1877), ii. esp. 200, 202, 2i6n. See also Doc. i. 4. John 8: 10. 5. Of Alessandria. 6. Whitgift has pencilled a number of comments below this. They are illegible in places, and never easy to decipher, even with the aid of the photographic version supplied by Lambeth Palace Library. Whitgift's characteristic fear of criticism is plain, however, as is the basis of his argument to ensure that Elizabeth supported him. The comments, which are printed here, derive from the transcription originally made for Neale many years ago: there appears to have been some further deterioration since then.

[First 5'/2 lines illegible] '. . . alwayes favoured thjem] rose first and [2'/2 lines illegible] of owre proceadinges against Cartfwright] and his followers who latelie went a bowt to erect a new kind of government, and were therefore censured by my self and others of your Majestie's comissioners for causes ecclesiasticall: some of the judges and others of your Majestie's counsell in matters of lawe were also present. If Mr Morice's motion be grawnted, then myght everie man professe what sect he pleaseth[?] without impedimentf?] and aswell your Majestie's prerogative in the ecclesiasticall jurisdiction so impeached.'

3. [Commons] Speeches by Nathaniel Bacon and Henry finch on the recusants bill, 28 February Text from Lambeth Palace Library MS 2019.

Lambeth Palace Library MS 2019, f.5v To the bill touching recusantes. Mr Nathanael Bacon, touching a clause of the bill for proceeding against recusantes upon certificat made, among others, from the bishopp of the dioocese, the chaunceller, or commissarie, or officiall, or churchewardens, etc., made a motion that that clause should bee amended in that poynt. For bishoppes and their officers beeing men utterly unacquaynted with theis proceedinges, or beeing no parte of their studie or exercise, it were not fitt to use them in this cause, but to leave it to the justices of the peace and others of the laitie. Besides, they ought rather to attend their vocation and calling and to discharge the same as it were to bee wished they would doo, rather then to have suche trouble layed upon them whereby they may pretend colour to bee negligent in dooing their duetee. Mr Henry Fynche lyked verie well of the matter of the bill, but desiered a kynde of explanation to bee inserted in it. 'For (sayeth hee) wee have two kyndes of recusantes, the one quite opposite to us and our religion, denyeng the fundamentall poyntes of our fayth and profession: touching theis, although some gentlemen have spoken for some qualification and consideration of them, yet I for my parte could bee content that the lawe might ronne in all rigorouse sorte against them. Another sorte of recusantes there are that openly pretend to bee of our religion but doo neither frequent our churches nor sermons, nor communicate with us. Theis, although I doo abhorre as greately as I doo the other sort, yet because they carie the name of our brethren and are enemies to the other kynd, I could wish it might bee considered whether the lawe should ronne as heavely against them as against the other. But another thing there is of great moment and consideration. For I knowe diverse godly and zealouse poore men, desierouse to heare the worde preached and to have the sacramentes rightly administred, having in their owne parishes either one that is not hable, or being hable is negligent and doeth it not everie Sabaoth as he ought, or elles is a non-resident and cometh not at them (of all which sortes the Churche of England is too full), are willing and accustomed to resorte to their neighbour parishes where there is some godly preacher, etc. Theis men for

3. Nathaniel Bacon and Henry Finch on the recusants bill, 28 February

this theis1 zeale to the hearing of Code's worde I have knowen cited and excommunicated by the bishoppes' officers and handled in more rigorouse maner then any recusant papist whatsoever. And therefore there would bee some caveat inserted in the bill that it touche not suche honest godly men: least it bee wrested against them, as other statutes have heretofore been, which have been made especially against the recusant papist', etc.

i. Sic.

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4. [Commons] Keport of the Speaker's speech, 28 February Text from Lambeth Palace Library MS 2019.

Lambeth Palace Library MS 2019, £5 Ultimo Februani 1592.

The effect of the Speaker's speache, ultimo Februani 1592. After hee had signified that hee had a message to deliver to the whole House from her Majesty, and the House thereupon geving great attention, hee called to their memorie that the day before a member of the House, together with some speeche then uttered, delivered in two billes; which beeing argued untoo by diverse others of the House, that although the House called upon him to reade the same, yet partely because the tyme was allmost spent, and partely because the bill was verie long, conteyning 8 sheetes of paper ill-written, the matter also verie rare and of great importaunce, hee durst not take upon him in so short warninge to repeate the same, as the maner is. But as hee had promised upon his fayth and duetee to the House to kepe it secrete, so had hee most faythfully and religiousely observed his fayth and promise, ffor never any man's eye had seen the same, beeing still in his bosome, nor should doo. 'You may remember (quoth hee) that yesterday it was full xij of the clock before the House rose, and before two a clock I was sent for by a messenger from her Majesty; and I thank God that my fortune was so good as to have there presente diverse honourable Counsellors that can beare mee witnesse that what I deliver unto you is true. And although I was in trueth abashed at the presence of her most excellent Majesty speaking of so weightie a matter unto mee, so that I was rather distracted how to behave myself before her then attentive to her princely wordes, yet I thank God I gave such eare to the matter which shee delivered that I hope I shall redeliver unto you the full effect of her speeche: which consisted especially upon theis three poyntes. First, shee remembred unto mee the cheif cause of the assembling of this present parlement, which was not to make any newe lawes or to spend any tyme about other matters, but onely to treat and devise of all the good wayes and meanes that might bee invented for the safetee of her person and defense of the realme. And as shee had the authoritee to summon the parliament and to continue the same at her good pleasure and to dissolve it when shee thought good, so had shee likewise power to appoynt unto them upon what causes they were to treate of; and meant, when those causes were dispatched, to dissolve the meeting and send them home to their contreyes, as nowe it was most requisite. Secondly, shee rehersed her commaundement, delivered by the mouth of the Lord Keeper,

4. Report on the Speaker's speech, 28 February

that they should entermeddle neither with making any newe lawes (for nowe there was no tyme for it) nor with any innovation of state or gouvernment, but onely with the mayne cause for which they were specially assembled. And therefore shee marvelled that any of that House would presume, contrary to her expresse pleasure and commaundment so openly delivered, to attempt the contrary. Thirdly, she signified her singular love and good affection to the House, for that shee understood of their willingnesse and readinesse to use their best endeavors for the devise of suche good meanes as should bee for her safetie and defense of her realme, ffor the which shee would in good will aunswere them with all correspondencie. And therefore desiered them that they would continue in their good purposes, and with all expedition to effecte the same; commaunding expressely that they should not entermeddle at all with any other matter of state or touching causes ecclesiastical!, and charging mee upon my allegiaunce that if any bill should bee preferred touching those two poyntes I should not suffer them to bee readd.' And this was the full effect of his speeche.

53

5. [Commons] Sir Henry Union's speech on the subsidy, 7 March Text from PRO SP 12/244/91.

SP 12/244/91 [Endorsed 'Sir Henry1 Unton's speache in the Parlement house'] 'I woulde be loth, Mr Speaker, to dissent from anie; more loth from the most; but moste lothe to dissent from my opinion from the best: but hopeinge none will take offence at me, wherin I differ from them, and hopeinge you will supply the defectes of my spech and of my opinion with your naturall discrecions and sound and favorable iudgementes, I will discover my self cravinge pardon accordinge to my humble [blank] seminge for it, I should greve to be reputed like to the figure of one which added to every even nomber maketh odd, and to every odd nomber maketh even, bringinge every the contrarie. I will onelie speake one word of that honorable gentleman that spake last,2 and then to the matter no we in hande: laudare dignos honesta est actio. Therfore, may I without offence speake this much of him? - that he hath so honorably, faithfully, and trulie delivered such matters to the Lordes as were comitted to his charge by the Howse, as he hath discharged him self very sufficientlie towardes us, satisfied their Lordships fully, and gained no smale honor to him self, both from them and us, both in this reporte to them, and no we in his relacion to us. And I was not a litle glad to finde that their Lordships did deale so respectively towardes us, and he so carefully and providently with a due preservacion of our liberties, for the which he is worthy of his due honor, and thanckes of us, both which I proteste for my parte I owe him and will performe towardes him. This much for him and nowe to the matter. Let us not growe out of our consultacion to a resolucion, for resolucion is the cheifest spurre to victory, and a spedy resolucion is best to cut of the inconveniences that delay bringeth. Let us not therfore longe note in our deliberacions, sithence the tree discovered as well in the braunches as in the roote; and that our enimyes are discovered] by the staine of their owne procedinges, to repeate the extremities of our daungers were to spend more time then honor or leasure can spare us. And they have bene soe well laide open before you by soe grave and honorable personages as I cannot inlarge your knoledge therein, for nothinge hath bin kept backe in silence. Besides the argument therof is at hand to every indifferent iudgment, for the perilles are soe iminent to followe and soe daungerous, if they followe, as unles the remedie

5- Sir Henry Union's speech on the subsidy, 7 March be sodenly provided they cannot in time be prevented, for mischeifes doe ever come sooner then remedies. 'By my imploiment abroade,3 wherin it pleased her Majestic to grace me beyonde my expectacion or merit, I have observed the outward barke of thinges, but not sufficiently understood the inward secretes of home causes, and therfore maie rather geass then precisely knowe our state at home. But foreine causes this much I can say, and may truly say out of my owne poore knoledge and experience, that the pope and kinge of Spaine are so incorporated together in their mallice against us, as nothinge can quench it but our bloud, nay rivers of bloud. And with the name of holly, they thincke to make a transubstanciacion of all their faultes and unnaturall practises, and with their sacrum fedus, as they terme it, they have poysoned and in a manner ruinated all Christendom. Their quarrell is mixte of religion and state, but more of state then religion; their heades doe wax more and more grene to worke our trebles, and their handes doe itch to lay about them. They thretten to swallowe us up in the throte of their lustes, to quench their thirst with the spoile of our goodes, lives, liberties and whatsoever we hould most dere, makinge accompt to reape plus et ultra. 'They prepare mighty forces in many places, thretninge us therewith and doe use all manner of treasons and trecheries to woorke their will; but they trust more to their treasons then to their forces. Their ende is to imprinte a depe marke of the yoke of bondage into our neckes and into our hartes that we shall see nothinge but the markes of bondage, feele nothinge but the printes and [blank] of bondage, and suffer nothinge but never-endinge miseries and calamities. Let us not, therfore, cast our selves into a slepe and runne hedlonge in securitie, but let us call to counsell aswell feare as hope, and put to the handes of helpe: for hope without indevor bringeth forth no more then the male without the female. And though we have kept our selves longe from the flame of their ambition, yet if we looke not about us we may be quickly stifled in the smoke, wherfore ultima sicut [?] tentanda. Her Majestie's care and providence hath hether unto resisted (God be thancked) their pernitious and devilish attemptes; who is the moste noble and gracious princes that ever was, much lesse4 in vertue and wisdome, prudent in woord and deede, and constant in all her actions; iust and true, most kind to all her subiectes, and moste worthely honoured and beloved of them. She hath ever tempered mercie with iustice to all that live under her, and, of all princes the most religious and full of true piety, her eyes have benn ever cleare, vigilant, and carefull to loke about her, to see and forsee, to thincke and bethincke, to repulse and prevent 1. CSPD 1591-4, pp.333-4 has 'William', with suggested date of 24 March. 2. The anonymous journal (f.49v) has Unton speaking directly after Raleigh and Sir Thomas Heneage's report of the conference (f.48 and v). Unton in his earlier speech on 5 March had however

been concerned about the 'libertie of the House to make offer' (f-45), and Bacon had made this point on 2 March (fos.4iv— 42). 3. Unton had been ambassador in France from July 1591 to May 1592 (Commons). 4. Sic. recte 'matchless'?

55

56

The Eighth Parliament: 19 February—10 April 1593 all our daungers, havinge a greater regarde of her subiectes' repose and safety, then of her owne privat good or satisfaction. Wherfore she may be rightly termed the scale of our happines, by whose moste happie goverment our soules doe live, and by whose magnanimitie our bodies, lives, livinges, and liberties are inioyed, mantained, and preserved. She hath nowe most graciously and providently called us together to acquaint us with her state and our care, and so to resolve of the best course and fittest remedie to preserve our selves and annoy our enimyes, that our diseases might have in time a fit remedy applyed: whose sincere gracious and carefull dealinge let us not uncincerely, undutifully, and necligently requite; to whose providence and goodnes we may attribute very much, without robbinge our God of his goodnes. We are not ignorant howe she hath set up kinges, maintaineth and still upholdeth two kinges and their crownes uppon their heades, as alsoe many other estates, which without her had longe since perished. What mightie expences she hath bene charged with for Fraunce, and what more is expected, and must be expended, there of necessity I can well witnes, which is infmit. And howe much the preservacion of that brave and worthie kinge of our religion and therin most zelous, and you knowe the knot of religion is never-endinge, for religio est Hgatio hominutn erga deum, et hominum inter homines. His cause is ours; his enimyes ours; we are both imbarqued in one ship and therfore must nedes runne one fortune together. His countrie is nowe the stage of Christendome wherin all nacions our enimyes seke to play their tragicall partes; which finished, then they wille beginne here, as you may alredie perceave by their intended course into Scotland, where, as you see, they make their preparacion, not for Scotland sake, which is to poore a baight for them, but for the ritch s[po]il of us. You knowe the unsatiable Spaniarde hath left his owne countries to imp [blank] himselfe of Fraunce, and consequentlie of England to make him self absolut monarke of the worlde; howe he hath planted him self in Britony - a moste daungerous neighborhood for us - and now seketh to set foote in Scotlande, where we have had heretofore both daungerous and moste costly ware when the Scotes were but of them selves, and will be a thousand times worse, if they receave such guestes and such forces as are nowe bent thether: soe as whatsoever in misery doth touch them firste will consequently and incidently touch us. These daungers considered and necessities laide before us, can our present mischeifes allowe delaied or weake remedies? No: let us timely resolve and seke to repulse the burthen which our backes must els beare. Yf our publique treasure be woorne, as we perceive it is, our privat welth must supply that want; for the weale publique is but the privat possession of every one, and ad regis potestatem omnia pertinent ad singulas prop[r]ietas. We must doe as the wise merchantes whoe, travellinge the seas onelie for gaine, doe in their retorne in time of daunger thro we into the seas their goodes, compounding as it were with the waves of their safety. We must lerne aswell our layinge downe as our takeinge uppe. I therfore confesse that I allowe of a triple subsidy, but not the spedie paiment required. And I cannot deny but this triple subsidy is but a weake remedie in respect of the gretnes of the daunger and the fitnes of

5. Sir Henry Union's speech on the subsidy, 7 March

the remedie; yet it is as much and more as the countrie may well beare, which we hope her Majestie will graciously accept. And were it not that this paiment might be had in six yeres, I knowe it to be almost impossible to be levied in 3 yeres as is required, for they were better, and I knowe they would more willinglie pay 3 subsidies in 6 yeres then two in two yeres. The quicke paiment is no smale matter for so poore men, upon whome this must be levied; and I wish still as before, that we may have no in[o]vation but leave the same liberties to our posteritie which we have receved, and the same manner, and observe the auncient and usuall customes of England. I can assure you the poore sorte are most pinched in the taxacion of the subsidie, who are specially to be regarded. Therfore this I wish: that the paiment may be usuall, and no increase of taxacion, or rayseinge of men in the subsedies, but that every one may have a good penyworth of his owne, for her Majestie may at all times and otherwise comaunde and imploy the welth of her subiectes with willinge mindes. These thinges considered I allowe of a triple subsedy, and that that which we doe we doe with all willingnes and cherfulnes, for tarde velle nolentes est.5 And I wish that this resolucion may the sooner take place; firste to terify our enimyes that upon knoledge therof he may alter his former [blank] and by this our remedie be discouraged to prosecute his intended invacions; then that he will fully persever, he may by this meanes be the sooner and better resisted to his confucion and our safety.

5. Cf. anonymous journal, f-49v: Seneca, De Benefidis, 2, 5, 4.

57

6. [Commons] Anonymous speech for maimed soldiers, ? 24 March-$ April (28 March?} Text from BL Lansdowne 73.

Lansdowne 73, £130 [Endorsed 'Speache for maymed soldiars'.]1 'May it please yow, Mr Speaker. 'I do not greatlye mervayle (though I am not a litle greived), that the good and Christian mocion which hath bene made for the releif of poore, maymed soldiars, hath not taken such good effect as was both wished and expected. 'For it is commonly seene that the verie best endevors and actions mete with the most difficulties in their procedinges and passages; so that they are either nippt in the hedd in the verie houre of their birth, or smothered in their swadling cloutes and cradell, or vanishe awaye in smoke before they come to any grouthe and perfection. 'This mocion hath bene commended of many, and christned with very honorable titles. This commendacion hath begotten a bill. But this bill hath brought fourth nothing but a fewe faire leaves and blossoms of conceite and speache; and now in the end is become speacheles, lying as it were in a traunce given over of the phisitions as past recovery. 'Notwithstanding, as long as I can imagine that there is any life or breath lefte in the body, though I be not a skillfull phisition to apply any restorative, yett I will be a poore proctor, to pray for it and to beseache yow that yow will do as muche as in yow lyes to. 'Truly Mr Speaker, in my simple opynion there hath not bene a bill offred to [t]his Howse all this parleament - the bill of subsedy only excepted - either more woorthy of good consideracion, or more necessary to be provided for. And if it had had his due examination and proper place, it had come in ranck next after the bill of subsedy. 'For when we heare round about us so great a rumors2 of warrs at home, and are told of so great preparations for warr abroad, can ther be a more seasonable tyme then after a contribution had for levying of menn for the warres, to have a care also to provyde for the mayntenance and releif of such as by the event of the warrs are deprived for meanes to releive them selves?

6. Anonymous speech for maimed soldiers

'Yow have already very readily and dutifully yelded 3 subsides for the mayntenance of the warrs.3 I pray and beseach yow do not forgett, or neglecte, to make some kynd of provision for the poor soldiars that shall returne maymed out of the warrs. 'Considder, I pray yow, that we shall not provide for such as lose the use of their lymes, but for such as shall [have] ventred their lives for their prynce and countrye; for such as shall fare hard, and lye hardly uppon the bordes or bare grownd whilst we, drynkyng wyne in boules, lying uppon beddes of downe, slepe soundly and safely in whole skynnes.' / The 2 pillers of a well-governed commonwealth, pmemium, and poena: to punishe offenders, rewarde well-doing. We have had a bill offred already for the punishing of vyce, the bill for punishing of fornication, etc.4 'There is nothing done in it. I pray yow although we be slack to punishe vice, let us be forward to reward vertu. 'The poore soldiars yow heare, cry uppon us daylie in the stret for releif. Assure your selfes they will cry out uppon us, yea curse us, if we do nothing for them; and upbryd us that we have charity in our mouthes, but none in our handes. 'It is to be feared, if we give them no better encoragement they will hyde them selves herafter when they shalbe pressed: or when they ar pressed, slyp or run away from their captains and leaders. 'What is the cause we do nothing? 'If the means propounded be not liked of, chuse a nother. 'If the taxation be to greate, make it less. 'Lett us do something more then to pity them and pray for themm. Every begger in the strete can and will do so muche. 'Lett us ioyne consideration to our compassion and provision to our pity. 'Many say they would be very sory that some provision should not be made, but I am frayd it is suche a sorrowe as makes them slep neer the wurse, nor eate neer the less.' 'The reason why I am the earnester to have somwhat done though never so litle [is] because I doubt not, but if a foundation were once layd by act of i. This subject, as indicated by the speech which follows, had a difficult history in the House, and Cecil reported on 28 March that no conclusion could be reached about how to proceed with the bill: it was therefore, he said, committed 'to prison' rather than returned to the House. A new bill would be needed (D'Ewes, pp.499, 501, 503, 504, 509, 511). The new bill passed the House on 5 April (D'Ewes, pp.513-14, 516, 518. See also the anonymous journal, fbs.58, 74V-5)-

2. Sic. 3. i.e. on 22 March. This reference helps to place this undated document. 4. On 31 March the anonymous journalist records further debate on a proviso which had been added to the 1576 poor law during consideration of the continuation statute (fos.8ov-8iv; see also D'Ewes, p.513). This may therefore indicate that this speech belongs to the second reading debate (3 April?: D'Ewes, p.516).

59 Yow have declared your love to the prynce. Nowe shew forth and extend your charity to the poore. v.

6o

The Eighth Parliament: 19 February-10 April 1593 Parlement to buyld uppon, many well-disposed and charitable persons of all sortes in all counties of the realm would, in their life tym and in their death beds, give some portion of landes and goods to the[ir] m[a]yntenanc in perpetuity. 'And I make no doubt but the Citty of London will break the ise and give light and example to the rest of the realme, both for places of receipt and matter of releif. 'And if it should prove superfluos, or not convenient, it may be mad to contynew but till the next parleament.'

i. journals: Commons] Anonymous journal ig February—10 April Text from BL Cotton Titus F.ii, copy. Other texts. London: BL Stowe 358 (copy of Cotton) Shorter versions, London: BL Hargrave 324, Harley 1888 (hereafter 'Harl.i'), Harley 5078 (hereafter 'Harl.2'), Add.26634 (extracts only), Inner Temple, Petyt 538/20 (hereafter 'Pet'), Lincoln's Inn 138 (hereafter 'Line'). Oxford: Bodley, Tanner 264 (ending on 23 March), Add.C2y8. Northamptonshire: CRO Finch-Hatton 46 (hereafter 'FH'). Northumberland: Duke of Northumberland, Alnwick 541. USA, California: Huntington Library, Ellesmere 2578 (extracts only).

Cotton Titus F.ii, fos.20-991 Parliament Anno 35 Elizabethae.

1592 Anno 35 Elizabethae

Parlament

Matters propounded in the parliament amongst the assemblie of the Lower Howse which were called the 35th yeare of the raigne of Queene Elizabeth, Februarie 19, Anno Domini 1592.

Februarye 19* 1592.

This morning the knightes and burgesses mett, and all this daie appeared, after view that ther names were declared, to the Clarke of the Crowne; and there entred into his booke they intred into the Howse. The Howse being sett, the Lord of Derbye (High Stuard for this parliament) cam into the House to take the oathes:2 Sir Thomas Hennage3 gave him instructions what order he should use, ffirst that all should remove themselves into the Court of Requestes.

Mondaye 19*

I. The particular qualities of this manuscript (with Stowe 358) have already been discussed in the general introduction to this volume. The ensuing footnotes demonstrate that other copies conform very broadly to a pattern of truncated recording of proceedings. This was established by the time the Alnwick and Lincoln's Inn manuscripts were examined, and their own truncated character is shown here merely by a sample of their variations from Cotton for 635.50-5. No account has been taken of two further

manuscripts — the Ellesmere and Add 26634 - which are not accounts of the whole session, offering instead only very short extracts of parts of proceedings. 2. Harl.i has a marginal note here ('Burgesses' oathes taken by the Lord High Steward, the maner how'), the first of many such notes which signpost the content of the text: they have not been noted hereafter. FH has a similar note (+ C278). 3. Vice-Chamberlain.

62

v.

The Eighth Parliament: 19 February-10 April 1593 There the Lord High Steward sitting at the dore should call the knightes and burgesses of everie shyre according to the lettres in the alphabett allphabeticallie. Everie one aunswered as he was called, and having aunswered departed upp then to the Parliament dore, and then take4 the oath of supremecye given him by one of the Queen's Privie Counsell. His oath taken, then he entred againe and tooke his place as a knight or burgesse in the House. The fee for entring the name into the Sergante's booke is 2s. Reward unto the doore keepers and beinge 30 - i8d.5 The fee for returne of the indenture 2s. This done there was noe further proceeding in anie matter untill twoe of the clooke in the afternone. About that time the nobilitie came and were sett6 the Upper House. The Queene came privatly by water. After her Majestie's comming and the Lordes all sett, the Lower Howse had intelligenc therof and went / to assend into the Upper Howse7 belowe the barr, being well repleated with those that had gotten in before privately; the dore was shutt uppon us untill the Lord Keeper8 had gone a good stepp into his oracion. The Lower House finding themselves discontented here with, because of custome the waie ought to have benn oppen unto us, murmured so loude that the noise came to her Majestie's hearing, who presentlie commaunded the dore to be lett openn, which was done. And by that tyme the Lord Keeper was uppon theise woords followinge (the former parte of his oracion seemed to sett fForth matter of forme onelie, as the manner of Parliaments and the antiquities9 and gravities) which10 we could heare. The Lord Keeper's speaches.

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The great mallice of the King of Spaine sett foorth which he had towards this realme, and that he shewed by sundrie instances. His last invacion intended, his forces then addressed out of the Lowe Countries for that purpose to have bin conducted by the Duke of Parma. The high and mightie shippes that then he prepared and sent for that purpose, which because he found not fitt for our seas and such a purpose he is building shippes of lesse bulke after another fashion, some like French shippes and some like the shipping of England. And manie hath he gotten out of the Lowe Countries. He is no we for the better invading of England planting himselfe in Brittaine, a countrie of more facilitie to offend us then the Lower11 Countries: ther he hath fortified himselfe in the most strong hoaldes of that countrie. / In Scottland he hath of late wrought most of the nobilitie to conspire against there king to geve landing to his forces theire, and to assist him in his invacion hether. A greater part of the nobilitie in Scottland are combyned in this conspiracie, and they have received great somes of money for their service herin, and to assure the King of Spaine of their assistance they have signed and sent ther premisses seald unto the King.12 This conspiracie the King of Scottes was hardlie brought to beleeve, but that her Majestic advertised him therof, haveing intertained intelligence of it as she hath of all things done and intended

Journals: i. Anonymous journal, 19 February-10 April

in those partes. And that the King might the better advise heruppon, her Majestic hath sent one of her noble menn nowe into Scottland. And the King hath assured her Majestic with all his nobilitie13 and indeavour to prevent the Spanniard whose purpose is on the north part to assault us by land and on the south partes to invaide us by14 sea: and this is the most dangerous practise that could be devised against us. And now the rage of this enemie being such and his force ioynes15 with other princes his adherencie is greatee,16 the charge unto her Majestic for defence of her relme, both with forces at sea and armise by land, hath been such as hath both spent the contribucion that her subiectes by subsidies and otherwise have offred her, but allsoe consumed her treasure, yea caused her to sell parte of the revenues of17 her Highnes' Crowne. And it is18 to be marvelled that all this is consumed, / but rather to be thought of19 how her Majestic of her selfe could be able to maintaine and defend this her relme against soe manie relmes conspired against us. Wherefore we her subiectes must with all dutifull consideracion thinke what is fitt for us to doe, and with all willingnes yeald part of our owne for the defence of ourselves20 and assistance of her in soe insupportable a charge. Weer the cause21 betweene frend and frend, how much would wee for the releife one of another. But the case nowe is betwixt our soveraigne and our selves. Seeing then theire is so much difference in the persons, how much more forwarde ought wee to be in this dutie. The aide that formerly hath been graunted unto her Majestic in these like cases is soe aunswered and with such slacknes performed as the third of that which hath not22 ben graunted23 unto her Majestic. A great shewe, a large 4. Sic. Harg: 'tooke'. Other MSS 'correct' Cotton's reading too, though hereafter only one source has been cited for the correction of these obvious slips. 5. Harg.: '. . . keepers beinge 3 - i8 d ' (+ Harl.i, Harl.2, though 'three xviii5', FH); Pet.: 'three5 8 d> ; €278: 'there i8d'; Tanner: '. . . keepers being there is eighteen pence'. 6. Harg. adds 'in' (+ Stowe, Harl.i, FH, Pet., Tanner, C278). 7. Harg. adds 'where'. 8. Sir John Puckering. 9. Harl.2: '. . . their antiquitie etc. The Lord . . . ' ( + Tanner, C278, FH follow). 10. Harg.: 'as' (after deleting 'which'). Stowe also has 'as'; Pet. omits '(the former. . . we could heare.' 11. Sic. Harl.i: 'Lowe' (+ Harl.2, FH, Pet., C278). 12. See above, esp. Lords i. 13. Harg.: 'ability' (+ Harl.i, Harl.2, FH, Pet., Tanner, C278).

14. Harl.i omits 'land. . . by' (+ FH, Pet., C2y8). 15. Harg.: 'ioyned' (+ Harl.i, Harl.2, FH, Pet., Tanner, C2y8). i5a. Sic. 16. Sic. Harg.: 'greate'. 17. Harl.i omits 'the revenues of (+ Harl.2, Pet., Tanner, C278); FH: '. . . part of her Crowne landes'. 18. Harg. adds 'not' (+ Harl.i, Harl.2, FH, Pet., Tanner, C278). 19. Harl.i: 'strange', and then omits 'of her selfe' ( + FH, Pet., C278); Harl.2 also omits 'of her selfe' (+ Tanner). 20. Harl.i: 'others' (+ FH, Pet., C278); Tanner: 'ours', 21. Harg. 'case'. 22. Sic. Harg. omits (+ Harl.i, Harl.2, FH, Pet., Tanner, C278). 23. Harg. adds 'cometh not' (+ Harl.i, Harl.2, FH, Pet., Tanner, C278).

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The Eighth Parliament: 19 February-io April 1593 graunte, and a rich somme seemes to be made. But little is yealded, hardlie it is gotten, and the somme not great which is payed. Her Majestic conceaveth the reason of this to be for that the welthyer and better sort of men tourne this charge uppon the weaker and uppon those of woorst abilitie, soe that the one dischargeth himselfe the other is not able to satisfie that which is charged withall. These thinges would be reformed by such as are commissioners in this service. 'Her Majestic ffurther hath willed me to signifie unto yow the calling of this parliament nowe is not the devising and making of / more newe lawes and statutes, ffor they are allreadie a sufficient number both ecclesiasticall and temporall, and so manie as that rather then to burden the subiece24 with more to three governances.25 It weare fitter an abridgment were made of that26 all redie,27 wherfore it is her Majestie's pleasure that the tyme be not spent herin. But the principal! causes of this parliament is that her Majestic might consult with her subiectes for the better withstanding of these intended invasions which are nowe greater then wer ever hertofore hard of. 'And wher heertofore it hath been used that manie have delighted themselves in long oracions, full of verbacitie and of vaine ostentacions more then in speaking thinges of substance. The tyme which is precious would not be thus spent.28 Session cannot be long, by reason it is fitt thes spring time gentleman29 should repaire to their countries, the justices of asseise are to goe30 their cyrcuites, so the god31 howres would not be lost in idle speeches, but the little tyme wee have should be bestowed whollye uppon such busines as is most needfull to consider of.' After this speech was ended, the Queene's Majestie inclyned herselfe to the speaker [and] seemed to thanke him when she had called him to her.32 That it was her Majestie's pleasure to adiourne the parliament untill the Thursday, and then the Lower Howse to present their Speaker. This done, the noblemen in order the bishoppes, carles, and barrons marshelled together wer called in French. After this her Majestie rose and the House disolved for this dye.33 / Wee mett about one of the clocke in the after none in the Lower Howse, and by three of the clocke the same day the Queen was sett with the nobilitie in the Higher House, we being lett to knowe when her Majestie was sett,34 went upp with our Speaker presenting him at the barre: who used these speeches to her Majestie and made his oracion in manner followinge. Mr Speaker. 'Your Majestie's most loving subiectes, the knightes and burgesses of the Lower Howse, have nominated me your grace's poore servant and subiect to be their Speaker. This their nominacion hath hetherto proceeded that they present me to speake before your Majestie, yet this their nominacion is but onelie a nominacion and noe35 election untill your Majestie gives allowance and probacion; ffor as in the heavens a starre is but opacum corpus untill it hath receaved light of the same,36 so stand I corpus opacum, a mute bodye untill your

Journals:!. Anonymous journal, 19 February-10 April high bright shininge wisedome hath looked on me and allowed me. How great a charge this is to be the mouth of such a bodye as your whole commons doe represent, to utter what is spoken wher is handled37 grandia regne,38 my small experience being a poore professor of the lawe can tell, but how unable I am to doe this office my present speech doth tell, of a number in this Howse the most unfitt. For amongst them are manie grave, manie lerned, manie deepe wise men, and those of ripe judgmentes; but I, an untimelie frute not yet ripe, nay but a budd scarse fullie blossomed, so as I feare me your Majestic will say "Nedecta fruge ligantur39 folia" - amongst soe manie faire frutes ye hav plucked a shaking leafe.40 If I maye be so bold to remember a speech which I cannot forgett used the last parliament in your Majestief's]41 owne mouth, manie come hether ad consulendum qui nesciunt quid sit consulendum\ a iust reprehencion to manie, as42 to myselfe allsoe, / an untimelie frute, my yeares and judgment ill-befittinge the gravitye of this place,43 and I the meanest that ever exercysed the same. But howsoever I knowe myselfe the meanest and inferior to all that ever were before me in this place, yet in faithfullnes of service and dutiefullnes of love I thinke nott myselfe inferior to anie that ever were before mee. And amidst my manie imperfections, yett this is my comfort, I never knewe anie in this place but if your Majestic gave him favour, God who called them to the place gave them allsoe the blessing to discharge it.' The Lord Keeper, havenge receved instruction from the Queene, answered him. 'Mr Soliciter, her Grace's most excellent majestic hath willed me to signifie unto yow that she hath ever well conceaved of you since shee first hard of yow, which will44 appeare when her Highnes selected yow from others to serve her salfe; but be45 these your modest, wise, and well-composed speech you give 24. Sic. 25. Sic. Harg.: 'theire greevance' rather than 'three governances' (+ Harl.i, Harl.2, FH, Pet., Tanner, €278). 26. Harg.: 'those'. 27. Harg. adds 'made' (+ FH). 28. Harg. continues the sentence, adding 'for the'; Harl.i continues the sentence with 'the' (+ Harl.2, FH, €278); Pet. ends the sentence and starts the next with 'The' (+ Tanner). 29. Sic. Stowe: 'gentlemen'. 30. Harl.i: 'also to greete' rather than 'are to goe'. 31. Sic. Stowe: 'good'. 32. Harg. adds 'And hee retiringe himself pronounced as from her' (+ Harl.i, Harl.2, Tanner, FH, Pet., 0278 too, though 'retorninge' rather than 'retiringe'). 33. Sic. Stowe: 'daye'; FH: '. . . dissolved untill Thursdaie next.'

34. Harg. omits 'when her Majestic was sett'. 35. Harg. omits. 36. Harg.: 'sonne' (+ Harl.2, FH, Pet., Tanner, C278). 37. Harl.i omits 'where is handled' (+ Harl.2, FH, Pet., Tanner, €278). 38. Sic. Harg.: 'regni'. 39. Sic. Harg.: 'eligantur. 40. Coke was born in 1552. 41. Sic. Speaker Coke, if this report is correct, is apparently referring to a speech of Elizabeth's, now lost, at the end of the session (EP, ii.238). 42. Stowe: 'all; Harg.: 'and'. 43. Harl. i omits the rest of the sentence (+ FH, Pet., Tanner, C278). 44. Harg. is corrected to 'did'; Harl.i has 'well' and then 'appeared' (+ FH, Pet., C278). 45- Sic.

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The Eighth Parliament: 19 February-10 April 1593 her Majestie farther occation to conceave of yow above that which shee ever thought was in yow. By indeavoring to detect46 and debase your selfe and your deserte yow have discovered and made knowne your worthynes, and sufficient47 to discharg the place yow are elected unto. And whearas yow account48 selfe corpus opacum, her Majestie by the influence of her vertue and wisedome doth enlighten yow and not onelie alloweth and approveth yow, but much thanketh the Lower House and comendeth their distrection49 in making so good a choise and electing so fitt a man. Wherfore newe50 Mr Speaker proceed in the office and goe forward to your51 comendacions as yow have beganne.' The Lord Keeper's speach being ended, the Speaker begann a new speach in this manner. 'Considering the great and wonderfull blessinges, besides the long peace, we have enioyed under / your Grace's most happie and victorious raigne; and remembringe with what wisdome and iustice your Grace hath raignes52 over us, we have cause dailie to praise God that ever yow were geven us. And the hazard that your Majestie hath adventured, and the charge yow have borne for us and our safetie, ought to make us readie to laye downe our lives and all our lively53 att your feete to doe yow service', etc. After this he related the great attemptes of her Majestie's enemies against us, especiallie the Popes and of the King of Spaine adhered unto him; how wonderfull54 wee wer delivered from them in '88, and what a faver God herin manifested unto her Majestie, and55 that he applied the verse written by Beza, 'O dilecta Deo'.56 His speech after this tended wholie to shewe out of the historic of England and the ould statutes57 how the king58 of England59 ever since Henry 3 tyme have maintained themselves to be supreame head in all causes within theire owne dominions.60 And then recyted the lawes that ever61 one in his tyme made for maintaining theire owne supreamicie and excluding the Pope: he drewe downe his proofe by statutes of everie king since Henry 3 tyme to Edward 6. This ended he came to speake of lawes that were so great, and so manie, allreadie that they were fittly to be termed elephantine leges, wherfore to make manie lawes it might seeme superfluous. And to him that might aske, 'Quid causa est in tanta crescunt volumina leges?'62 it may be answered, 'In promptu causa est crescit in orbe deus\M That the mallice of our arch[e]nemye the devell thought64 it hath ben allwaies great, yet never greter then now, and that dolus est6S malus being crept soe farre amongst men, it was requisite that sharpe / ordinaunces should be provided to prevent them, and all care used for her Majestie's most safe preservacion, etc. 'Nowe am I humblie to make unto your Majestie three peticions in the names of your Commons. First, that libertie of speech and the auncient priviledge66 of the parliament may be graunted unto your subiectes. 'That we may have accesse to your royall person to present those things that shalbe [considered]67 of amongst us.

Journals:!. Anonymous journal, 19 Febmary-io April 'That your Majestic will give us your royall assent to the thinges that are agred uppon.68 'And for myselfe I humblie beseech your Majestie if anie speech shall faile69 from me or behaviour found in me not decent and fitt, that it may not be inciputed70, blame unto the Howse, but laid uppon me and pardoned71 in me', etc. To this speach the Lord Keeper having receved new instructions from the Queen replyed. Commended first the Speaker greatlie for it. Added some examples of historic for the kingf's] supremecye72 in Henry 2 and of kinges before the Conquest. As to the deliverance we receaved from our enemies and the peace we enjoyed, the Queen would have the prayse of all these attributed to God onelie. The commendacions geven to her selfe, shee said well might we have a wiser prince, but never should they have one that more regarded them and in justice would came an enner73 stroke without acception74 of persons: and such a prince she wished they might allwaies have. / 'To your three demaunds the Queenes75 aunswereth. Libertie of speech is graunted yow: but howsoever76 that is to be thought of, there be twoe thinges 46. Sic. Harg.: 'delect'; Harl.i: 'deiect' (+ Pet., €278); FH omits 'detect and'. 47. Harg.: 'sufficiency' (+ Harl.i, Harl.2, FH, Pet., Tanner, €278). 48. Harg. adds 'your' (+ Stowe, Harl.i, Harl.2, FH, Pet., Tanner, 0278). 49. Sic:

50. Harg.: 'nowe' (+ Harl.i, Harl.2, FH, Pet., Tanner, 0278). 51. Harg. adds 'further'. 52. Sic. Harg.: 'raigned' (+ Stowe, Harl.i, Harl.2, FH, Pet., Tanner, €278). 53. Harg.: 'livelihood' (+ Harl.2); Harl.i: 'liveinges' (+ FH, Pet., €278). 54. Harg.: 'wonderfullye' (+ Harl.i, Harl.2, FH, Pet., Tanner, €278). 55. Harg. adds 'to'. 56. Harg. adds 'etc'; Harg. omits 'and . . . deo' (+ Harl.i, Harl.2, Tanner, FH, Pet., Tanner, €278). 57. Harl.i: 'states'; Pet.: 'state' (+ 0278). 58. Sic. Harg.: 'Kinges' (+ Harl.i, Harl.2, Pet., Tanner, €278). 59. FH omits 'and the ould . . . England'. 60. Cf. 51 & 52 Hen. Ill, c.i, 2, 3 (1266-7) in SR 1.12-13. 61. Harg.: 'every' (+ Stowe, Harl.i, Harl.2, FH, Pet., Tanner, 0278).

62 Harl.i: 'Quid causa ut erscunt [?] est magna volumina legum (+ FH, though 'crescunf and 'legum , Pet., though 'legis cresunt').

63 Harg. corrected to 'dolus'; Harl.i: 'malum (+ Harl.2, FH, Pet., Tanner, C278). 64. Sic. 65. Sic. 66. Harl.i: 'customes' (+ FH, Pet., C278). 67. As in Harg. 68. Cf. D'Ewes, p.460 and J. E. Neale, 'The Lord Keeper's Speech to the Parliament of 1592/3', EHR, xxxi (1916), 128 and n.3 for this apparent conflation of elements in the Speaker's opening and closing requests. 69. Harg.: 'fall' ( + Harl.i, Harl.2, FH, Pet., Tanner, C278). 70. Sic. Harg.: 'imputed' (+ Harl.i, Harl.2, FH, Pet., Tanner, €278). 71. Harl.i: 'proved'. 72. FH omits 'for the king's supremecye'. 73. Reading doubtful here; Stowe: 'evener' (+ Harg., Harl.i, Harl.2, FH, Pet., Tanner, 0278). 74. Sic. Harg.: 'excepcion'. 75. Sic.

76. Harg.: 'how farr' (+ FH, Pet., Tanner, €278).

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of most necessitie, and those twoe doe most harme, which are witt and speech; the one exercised in invencion, the other in uttringe thinges invented. Priveledge of speech is graunted, but yow must know what priviledge yow have, not to speake everie one what he listeth or whatsoever cometh in his braine to utter that. But your priviledge is "I" and "No".77 Wherfore Mr Speaker, her Majestie's pleasure is that if yow perceave anie idle heads which will not sticke to hassard theire one78 estates, and will meddle in reforminge the Church, and transforming the Church,79 and transforminge the common welth do exhibit anie bills to such purpose, that yow receave them,80 untill they be viewed and considered by those whom it is fitter shold consider of such thinges and can better judge them. 'To the persons all priviledge is graunted with this caveat: that under coller of this priviledge no man's ill doinges, or not performinge of duties, be couvered and protected. 'To the last, free accesse is graunted to her Majestie's persons81 so that it be uppon urgent and waightie causes and att tymes convenient, and when her Majestic be at leisure from other important causes of the relme', etc. We mett all in the Lower House by ix of the clocke in the fower noone, but by the Clarke of the Parliament it was signified unto us that the Speaker had bin ill at ease that night past, and could not without perill of further sicknes come abroade; wherfore he craved in his name leave of the Howse to be absent that daie. / This daie Mr Peter Wentworth and Sir Henrye Bromley delivered a peticion unto the Lord Keeper therin desiring the Lords of the Upper Howse to be suppliantes with them of the Lower Howse unto her Majestic for intayling the succession, wherof a bill was readie drawne by them. Her Majestic being lett knowe of this82 hightlie displeased therwithall as a matter contrarie to her former strate commaundement. Charged the common83 to call the parties before them. Sir Thomas Hennage presentlie sent for them, and after speaches had with them commaunded them to forbeare the parliament, and not to goe oute from ther severall lodgingefs]. The daie after, they were called before the Lord Threasurer, Lord Buckhurst and Sir Thomas Hennage. The Lordes intreated them favorablie and with good speeche, but so hightlie was our84 Majestic offended that they must needes committ them and so they tould them. Mr Peter Wentworth85 was sent prisoner to the Tower. Sir Richard86 Bromley and one Mr Richard Steevens, to [w]hom Sir Henry Bromley had imparted the matter, weer sent to the Fleet, as allso Mr Wealch,87 the other knight for Woster shyre. About this matter, in the begining of the parliament a conference was appointed to be had amongst manie grave wise and auncient Parliament men as was said, but at this time fewe mett theire, at least not such men as were expected. It was appointed at this time to Mr Stevens to peruse the penning of

Journals: i. Anonymous journal, ig February-10 April

the peticion that shall88 / have bin delivered to the Howse, and to have provided a speech uppon the deliverie of it. But this office by reason of other occasions he could not intend.89 What other thinges were done, or spoken, in that conference weer (as I hard) confessed unto some of the Privie Counsell by some of these parties that were present at that conference. All that were, except those before named, went free and never called in question that I hard of. After the letanye read - which is the first thinge done when the Speaker is sett - a bill was read intituled 'An act for the conteyning of he[r] Majestie's subiectes in more due obedience'. This bill conteyned all these particulars following. The particulars of the first bill exhibited against recusants. 1. First, the partie soe indicted and convicted shall forfeit all his goods and chatties which he hath in his owne right, or in the right of weife. 2. Item, he shall forfeit 2 partes of the profittes of his land, tenementes, and hereditamentes to the Queen if he be borne under her Majestie's allegeance, and of the age of xvj yeares. 3. Item, a femme couvert shall loose her dower or joynture which she might have by her husband.90 4. Item, if a man match with an inheretrix being a recusant be shall lose twoe partes of those lands to the Queene, and neither of them shall administer to anie person. 5. Item, such a person being recusante shalbe disinabled to make anie purchase or sale of landes. 6. Item, he shalbe disenabled to make or take anie lease, ether to the use of himselfe or of his wife. 7. Item, a recusant91 shall forfeit for keeping anie such recusant person in his howse, either servaunt or stranger, / xh everie moneth being at one tyme soe long in his howse or at severall tymes in the yeare. 8. Item, he shalbe barred to beare an office in the land, or to practise a[s] councellor, docter, soliciter, procter, atturney, or advocate to the law. 77. Harl.i: '. . . priviledge is for such speech as shalbe used with judgement and sobriety' (+ FH, Pet., 0278). 78. Sic. Harg.: 'owne' (4- Stowe, Harl.i, Harl.2, FH, Pet., Tanner, 0278). 79. Harg. omits 'and transforming the Church' (+ Tanner, FH, Pet., Tanner, €278). 80. Tanner adds 'not' (+ FH, Pet., €278). 81. Sic.

82. Harg. adds 'was' (+ FH, Pet., Tanner). 83. Sic. Harg.: 'counsell' (4- Harl.i, Harl.2, FH, Pet., Tanner, 0278).

84. Harg.: 'her' (4- Stowe, Harl.i, Harl.2, FH, Pet., Tanner, €278). 85. FH: 'Mr Speaker went who' (+ 0278). 86. Sic (+ Harg., Tanner); recte 'Henry'. 87. Commons sub Walsh, Thomas. 88. Harg.: 'should' (+ FH, Pet., Tanner, C278). 89. Sic (+ Harg, Tanner); Harl.i: 'attend' (+ Harl.2, FH, Pet., €278). 90. Harl.i: 'baron' (+ Harl.2, FH, Pet., Tanner, C278). 91. The brief of the bill in Hatfield 170/52 does not confine the penalty to recusant offenders, and cf. EP, ii.28i.

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9. Item, he shall have his children taken from him if they be above the age of 7 yeares and to be disposed to be92 the Lordes of the Counsell, or the ordinarie, or the judges of the assises for the tyme being. And theire maintennaunce to be raised out of the 3d parte of such a recusan's livinge. 10. Item, he shalbe disenabled to make anie bargaine or sale of anie of his goodes and chatties. 11. Item, if he be a coppie holder he shall forfeit his coppiehould during his life, wherof twoe partes is to goe to the Queene and the third to the lord. 12. Item, yf anie person [be] indicted for a recusant of mallice93 to have his remedie against the partie at the common lawe. [13.] Item, yf such a person havenge been recusant shall at anie tyme recant, he shall make his submission in the parish church where he dwelleth, acknowledging the Queene's proceedings to be iust and lawfull, and denonching94 and detesting the authoritie of the Church of Roome, which he shall likewise doe in oppen courte before the justices of assisse. [14.] Item, yf anie such person after such recantacion fall into a relaps he shall loose the benefitt of the former reca[n]tacion for ever. [15.] Lastlie, there is a promise95 [that] those that have allreadie bought land of anie that nowe are, or shalbe, indicted for a recusant shall, and may, stand good and in effect as if [this] lawe had bin never made. / This bill uppon a committee receaved all these alteracions foliowinge, where uppon it came in againe96 as a new bill after the committinge. i. The first article altogither omitted being to hard.97 3. The 3d are the wooman to loose but twoe partes of jointure or dower after the death of her husband. 4. The 4, the husband not being a recusant to forfett noe parte of his land for his wife['s] recusancye. 5. All sales made by anie recusant since Elizabeth 2°98 of landes wherof he taketh the profitt, or which conveyance is to his use, or upon anie trust or confidence, to be voide" as to the Queene for twoe partes of the profittes to be aunswered her. And soe all sales heareafter to be made by anie recusant convicted, the sale being bone100 fide. 8. The 8 that they shalbe disenabled to the101 justice of peace, mayors, sheriffes, etc. 9. The 9, childring being tenne102 yeareas ould untill they be [of full age]103 is104 to be disposed by the appointment of 4 Privie Counsellors, the justice of assisse, the bishopp of the dioces and 3 justices of peace. Yf the third part of the land suffice not for maintennance of the children, the rest to be levied of the parentes' goodes. [n.] The n, coppye houlden105 recusantes to forfeit twoe partes to the lord of the manner yf the lord be noe recusante; if he be, then to the Queene. 12. The party to have his [remedy att the Common lawe.]106 13. The 13, protesting that he doth nott com to Churche by coller of anie dispensacion or other allowance from the Pope but of conscience and religion.

Journals:!. Anonymous journal, ig February-io April desunt I [Sir Robert CiceLL] 'As I remember, I have bin of this Howse these five parliamentes107 and I have not determined to saie anie thing in those assembles108 further then my cogitacions should concure with my conscience in saing bare I or no. Geve me leave, I pray yow, to reherse an old sayinge and it is in Lattin: Nee te collaudes nee te vituperes ipse. For me to doe the one weare exceedinge arogancie, and for the other, I doe confesse I hope yow will pardon me. The occasion of this parliament, as I take it be109 that which we receved from the honnorable and lerned speech of the Lord Keeper of and from her Majesties110 to us in the Higher Howse, is for the cause of religion and the maintenance therof amongst us, the preservacion of her Majestie's royall person and the good of this relme, and of our countrie: all which because they be thinges most deare and of greatest price, and at this present in exceedinge great imminent danger, it is behovefull to consulte of speedie remedie, within perell111 should proceed from the wisest heades. The enemie of these be the King of Spaine, whose malice and ambition is such as together with the Pope, that Antechrist of Roome (for I may well coople them together), the one being allwaies accompanied with envie and112 prosperitie, the other with insatiable desire, make them by all meanes to seeke the revercion113 of this state. But concerning the first: the cause of God and of this114 religion which her Majestic professed before she cam to sitt in this royall seate, and which he hath hetherto defend115 and mainteined, and for which causes she thinketh God hath soe blessed her goverment since her comming to the crowne; yea, while the crowne was scarse warme on her head, she abolished that Antechrist116 of Roome, and did / sett upp good117 92. Harg. has 'of by' rather than 'to be' (+ Harl.i, FH, Pet., Tanner, C2y8). 93. Harg. adds 'then hee's'; Harl.i: '. . . mallice he shall have' (+ Harl.2, FH, Pet., Tanner, €278). 94. Sic. Harg.: 'denouncinge'; FH omits 'and denonching' (+ Pet., Tanner, C278). 95. Harg.: 'proviso' (+ Harl.i, Harl.2, FH, Pet., Tanner, C2y8). 96. i.e. on 12 March (f.57v). 97. Cf. D'Ewes, p.498, where the first two articles are said to have been omitted. 98. Sic. Harg.: '1° Elizabeth'. 99. Harg.: 'payde'. 100. Sic. 101. Sic. Hargave: 'be'. 102. Sic (+ Harg. Pet., C278, Tanner): correctly 8 (EP, 11.284). 103. From Harg.: Harl.i: '. . . untill they be sixteene yeares to be' '(+ FH, Pet., C278; Harl.2, Tanner follow). 104. Harg.: 'are'.

105. Sic. Harg.: 'houlder'; Harl.i: 'recusantes that be coppi holders to forfeite . . . ' ( + Harl.2, FH, Pet., Tanner, C278). 106. From Harg.: Harl.i omits this entry (+ Harl.2, FH, Pet., Tanner, €278). 107. Cecil was first returned in 1584-5. 108. Sic. 109. Sic. no. Sic. H I . Sic. Harg. has 'which in parte' rather than 'within perell'; Tanner: 'which in percell' (+ Harl.i, Harl.2, FH, Pet., C278). 112. Sic. 113. Harg.: 'subvercion' (+ Harl.i, Harl.2, FH, Pet., Tanner, €278). 114- Harg.: 'his' (+ Harl.i, Harl.2, FH, Pet. Tanner, 0278). 115. Sic. 116. Harl.i: 'authoritye' (+ FH, Pet., C278). 117- Harl.i: 'Code's' (+ Harl.2, FH, Pet., Tanner, C278).

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The Eighth Parliament: ig February—10 April 1593

trueth amongst us; and to her great renowne made this little land to be a santuarie for all the persecuted saintes of God; wherby the Pope perceiving her magnanimitie, zeale, and judgment, (magnanirnitie in undertaking such an interprise;118 zeale and119 professing the same, not for shewe, but of sinceritie, judgment in defending it, and in preventing all his dessignes,) sent foorth his bulls and missives against her Majestic, therby most unaturallie depriving her of her most naturall right dutye and loyaltie, which her subiectes should owe unto her', etc. Heere he touched the manie dangers her Majestic had beene in, which as it is120 caused him to feare to thinke, soe he did tremble [to] speake. 'Concerning the daunger of our countrie, and soe the losse of our lives, livings, liberties, wife, children and all other priviledges, lett me not troble you with things long past and perhappe beyond my reach, but with thinges past of late yeares and sence '88 when as we were so secure, and newe121 thought that the king of Spaine would have sett upp his rest for England: then sent he his navie122 (termed invincible) and had all most [beene]123 uppon the backes of us before we were aware, yea wee were soe slacke in provision that it was to late to make resistance, had not God preserved us. 'His attempt against us by seaking to winne the Lowe Countries and to obtaine Ireland (which being but trifles and prettie124 devises) I meane not to trouble you which,125 he had no we of late gone about to obtaine Fraunce wherin he hath greatlie prevaled as in Lorreyne, and other partes as yow have hard but speciallie in Brittayne, having most part of the port townes in his possession whether he still sendeth supply daylie and renforces them everie 4 or 5126 monethes, to which / parte his purse is allwaies oppen and his menn and force never wanting. This province he especiallie desireth, for it lieth most fittlie to annoy us whether he may send forces continuallie, and there have his navie in a redinesse to annoy us with the which he could not eselie, unlesse he had the winde in a bage. Besides, having this province he might keepe us from trafique to Rochel and Burdeaux as he doth in the straightes from Trepoly and St Jean de Luce, and soe hindereth us from carrying forth or bringing unto this land anie commodities from those places wherby the relme might be inriched and her Majestie's impost increased, being one of the greatest revenues of her Crowne. He hath allsoe gone about with them of Steade127 and the king of Poland, one of his owne faction, and who by reason he cannot doe in that kingdome what he list, he may not so easelie commaund him to impeach or hinder o[u]r128 trafequing in those east partes, which if he could bring to passe yow so129 how hurtfull it would be to this land. 'But to descend yet more lower and into these later accions, he hath seene it is but a follie to make a woodden bridge to passe into England.130 Therfore he hath now found out a surer and a more strong passage into England, namelie by land and by Scottland, which though it be not talked of in the exchange nor preached at Powle's Crosse, yet it is most true, and in Scotland it is as common as the highe waie that he hath procured unto himselfe of the nobilitie. It may be he hath sent thither noe great navie and that her Majestic


would not suffer him [to] doe; yet do what she can, some one paltrie flyboate may escape her Majestie's shippfs] and carie gould enough to make them / traitors and stirr them to sedicion. These thinges her Majesties131 understood of before, and advertised the King therof, but not soe well conceyving of them hath by the effect proovefd] them true. And unlesse I be deceved, the last lettre that came from thence the other night shewe how that the King is gone to make a rode unto the north and to bring in the Lord Bothwell and the Lords Harrold and Hunley.132 The King of Spaine133 mallice thus dailie encreasinge against us, and seeking to stirr sedicion amongst us by this134 instrumentes, the number allsoe of Papistes dailie increasing or least wise being more manifested, my advice is that yow would consult with warres to withstand imminent daungers with135 the greater they be, the sooner they would be looked unto and remembered; wherfore I desire Mr Speaker that he would appoint some committees of the sufficientest and wisest men in the Howse to consider theron.' Sir John Wollye.136 To the like effect, first saying that uppon the cause of the danger this relme was nowe in and of the remedie his speech should consist: which he likened to a naturall boddie which the more the principall member was in danger, the greater meanes there should be used for the preservacion therof. Roan137 being nowe made Admirall of France by the League, should saye he was but a poore admirall now, yet he doubted not but that shortlie he should be able to bring such a navie as should terrific the Queene of England. Alsoe he shewed how the princes of the Holie League had conspired the overthrowe of this relme, / the exterpacion of religion and the confusion of her Majestic and her loyall subiectes. And exhorted the House because nowe the session138 of the yeare growes on which called manie of the knightes and burgesses to be in their countries, besides the sicknes being in the towne, so 118. Harl.i: '. . . people perceived her magnanimity in understandinge so great an enterprise'; FH has 'people' rather than 'Pope' (+ Pet., 0278). 119. Sic. Harg.: 'in' (+ Harl.i, FH, Pet., Tanner, 0278). 120. Sic. Harg. deletes 'is' (Harl.i, FH, Pet., Tanner, C278 follow). 121. Harg.: 'never' (+ Stowe, Harl.i, FH, Pet., Tanner, 0278); Harl.2: 'neare'. 122. FH: 'armie'. 123. From Harg. (+ FH, Pet., Tanner, C278); Stowe: 'come'. 124. Harl.i: 'partly' (+ FH, Pet.). 125. Sic (+ Harg.); Tanner: 'with' (+ Harl.i, Harl.2, FH, Pet., €278). 126. Harl.i: 'three of ffower'; Pet.: 'three or 4' (+ FH, €278).

127. i.e. Stade; Harg.: 'Stoad' (+ FH, Pet., Tanner, C278). 128. FH: 'or' as MS. 129. Sic. Harg.: 'see' (+ FH, Pet., Tanner, 0278). 130. Harl.i: 'Ireland' (+ FH, Pet., C278). 131. Sic. 132. i.e. Errol and Huntly - see D. H. Willson, King James VI and I (1956), chap. vii. 133. Sic. 134. Sic. Harg.: 'his' (+ FH, Pet., Tanner, C278). 135. Sic. Stowe: 'which'. 136. Latin Secretary. 137. De Rosne. 138. Harg.: 'seasson' (+ Harl.i, FH, Pet., Tanner, C278).

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26 Februarie 1592 £30


that manie he thought that were of that House knewe not whether he139 lodged in howses that were inflected or not, that they would seeke to dispatch and end the parliament so soone as might be. He allsoe shewed how the Dunkarkars trubled o[u]r fishermen and small barkes uppon the sea costes, and soe that this matter might be [committed]140 to some of the sufficientest in the Howses.141 He allsoe exhorted the Howse to a speedie agreeinge uppon a subsidie, which considering the tyme and142 dangers we weer in, and that it was for our owne good as for her Majestic, he hoped no good subiect but most unwillinglie143 would agree thereunto. Alsoe he shewed how that the warres with the king o'Spaine had cost her Majestic a million of money. But this he advouched, that where it cost here144 one, it had cost the king of Spaine tenn millions.145 Then Sir John Fatescue146 said, 'They that have spoken before me have spoken sufricientlie of the authors of our trouble, of the great danger which is now imminent, in so much as it is come to this pointe nowe; utrum imperare utrum vivere.^1 I will speake of nothing but that which concernes my calling. Her Majestic being not onelie carefull for the preservacion of her owne / relme but of her neighbours', hath not onelie defended her owne subiectes from being invaded but alsoe hath aided strangers with menn and money,148 whereas otherwise it would have gone ill before this time, both with them and with ourselves. Insomuch that the burden of 4 kingdomes hath rested uppon her Majestic and to be maintained with her purse: Fraunce, England, Ireland, and Scotland. For how could the French king at his first comming to the crowne have hold149 out against theise Leaguers had not her Majestic assisted him with her men and money which hath cost her about150 ioo,oooh; ffor it is well knowen that the French king had not bin able to withstand the Duke [of] Parmar's coming into Fraunce had it not bin for our English men and money. As for the Lowe Countries, it hath stood her Majestic in yearely since shee undertooke the defence of them 150,000''. All which her Majestic bestowed for the good of this relme to free us from warr at home. Besides, when her Majestic came to the crowne she found it 4 millions endebted.151 Her navie when she came to the crowne she found greatlie152 decaied. Yet all this hath shee discharged and, thankes be to God, is nothing endebted. And nowe shee is able to match on sea anie prince in Europe, which the Spaniardes found when they came to invaide us, yea, shee hath with her shippes compassed the world wherby this land is made famous throughout all places. Shee found all iron peeces in her navie: nowe hath shee furnished them with artillerie of brasse so that one of her shippes is not a subiect['s] but rather a pettie kinge's, welth. 'As for her owne private expences they have bin little. In building shee hath consumed little or nothing. In her pleasures not much. As for her apparell / it is royall and prince-like, beseeming her caulinge but not sumptuous, nor excessive. The charges of her howse smal, yea never lesse in anie kinge's tyme which she meaneth to looke better unto,153 and shortlie by God's grace shee will free her subiectes from that trouble which hath come by the meanes of

Journals:!. Anonymous journal, ig February-10 April purveiors, wherefore he trusted that everie good subiect would assist her Majestic with his purse seeing it concerned his owne good and the preservacion of his estate, ffor before anie of us would loose the least member of this bodie, we will bestowe a great deale and sticke for noe costes nor charges: how much more then ought wee in this political! boddie whereof not onelie a number but the whole is jopardied if we doe not our best to the preservacion thereof. And as for theis subsidies which are graunted no we a daies to her Majestic they are lesse by halfe they were in the tyme of her father, King Henry the Eight. And althought154 her Majestic had borrowed money of her subiectes besides her subsidies, yet had shee truelie repayed it and aunswered everie one fully.' And so he desired the matter to be put to committees. Then stood upp Mr Frauncis Bacon and said: 'Mr Speaker, that which these honnorable personages have spoken of their experience, may it please yow to give me leave to deliver of my common knowledge. The cause of the assembling of all parliamentes hath bin heretofore for lawes and money, the one being the synnowes of peace, the other of warr. To the one I am not privie, to the other I should knowe. I did take great contentment in her Majestie's speeches the other daie delivered by the Lord Keeper how that it was a thing not to be done suddainlie, nor at one parliament, nor scrarcelie155 a yeare would suffice to purge / the statute bookes, nor lessen the volume of lawes being soe manie in number that neither the common people can halfe practize them, nor the lawyer sufficientlie understand them; then the which nothing should tend more to the eternall practice156 of her Majestic. 'The Romanes they appointed tenn men whoe were to correct and recall all former lawes, and sett foorth these xii tables so much of all men to be commended. The Atheniences like wise appointed six to that purpose. And 139. Sic. FH: 'they' (+ Pet., 0278). 140. From Harg. (+ Harl.i, Harl.2, FH, Pet., Tanner, €278). 141. Sic (+ Harg., Tanner). 142. Harl.i omits 'tyme and' (+ FH, Pet., Tanner, C2y8). 143. Sic. Harg.: 'willinglie' (+ Stowe, Harl.i, FH, Pet., Tanner, €278). 144. Sic. 'Majestic' has been deleted after this word; Harg. has 'her Highnes' (FH: 'Majestic' (+ Pet., Tanner, C278)). 145. Harg.: '. . . Spaine manye.'; Tanner '. . . Spaine three.' (+ FH, Pet., €278). 146. Sir John Fortescue, Chancellor of the Exchequer. 147. Harg. adds 'not' before the first utrum, and 'secT before the second (+ Harl.i, Harl.2); FH: 'non and 'sed' (+ Pet., Tanner, C278).

148. Harl.i: '. . . with wanted money'; Pet.: 'which wanted money' (+ FH, C278). 149. Sic. 150. Harg.: 'above' (+ FH). 151. Cf. P. Williams, The Tudor Regime (i979)> p-?o; F. C. Dietz, English Public Finance (1964), ii.7. 152. Harl.i: '. . . came to viewe it she founde it greatly' (+ FH; Pet., €278 follow). 153. Harl.i omits 'which she . . . unto' ( + Harl.2, FH, Pet., Tanner, 0278). For purveyance see EP, ii.2i5154. Sic. 155. Sic. FH: 'scare'; Pet.: 'scarce' (+ Tanner, 0278). 156. Sic. Harg.: 'prayes' (+ Harl.i, Harl.2, FH, Pet., Tanner, 0278).

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Lewis the Nynth, King of Fraunce did the like in reforming of the lawes', etc. [27 February] i. On Thursday157 the 27 daie of Februarie Ther was first a bill redd for transporting of cloth, recyting three statutes formerly made in that behalfe 3 Henry 8, 5 Henry 8, 27 Henry 8:158 Nowe to be made lawfull to carie anie cloath white of 5U price, or under, or of six1' price collored. Then was there another bill read for the assizeing of bread and that noe M bread should be mad above ijd syze etc. Afterwardes Mr Morris, Atturney of the Court of Wards, stood upp and said:159 'My religion towards God, my allegeance to her majestic, the manie oathes I have taken for the maintenaunce of her supremecie, doe cause me to offer to your consideracions matters touchinge the sacred majestic of God, the prerogative and supremacie of her Majestic, the priviledge of her lawes, and the libertie of us all.' Then, after some touch of the usage of eclesiasticall discipline by the prelates, he layde downe these three things - lawless inquisition, iniurious subscription, and binding absolucion - to which he spoke severallie, shewinge the abuses used by the bishoppes in everie one of them. And theruppon he delivered a bill against the bushoppes' jurisdiction, and at the deliveringe / thereof made this his request that if the House thought good to receave it, that f-3i then they might be sutors unto her Majestic by supplicacion to have it allowed. The bill being thus delivered by Mr Morice160 his hand unto Mr Speaker, presentlie Mr Dalton of Lincoln's Inne stood upp and spake with much ernestnes against it, saying 'It is hard for me uppon a suddeine to aunswer a long premeditated speach, but as I am able, I will shewe and saie what I thinke of the bill exhibited. It pretended161 great thinges in shewe, thinges162 tending to the hinderance of Code's service, to the derogacion of her Majestief's] prerogative and supremacie,163 to the overthrowe of our lawes and violating of all our liberties, thinges great in shewe, but no such thing to be founde in the matter spoken against. [It] is easie of a molehill to make a mountaine in woordes, so by well-compyled speech to make a great and dangerous thing of that which is nothing, nay a thing indeed needlesse, ffor that the state hath allwaies hetherto stood uppon this goverment.' And soe shewed how ecclesiasticall goverment was allwais distinct from the temporall. The reason[s] which he gave were fewe or none, onelie his great mislike was, that having receved so strayte commaundement from her Majestic not to medle with thinges concerning reformacion in the Church and state of this relme, therefore in his opinion the bill ought to be suppressed. After this speech stood upp Sir John Woollye and spake allsoe against the bill, disallowing the matters in it and taking it as to busie a medling in such a thing so forbidden by her Majestie. Therfore he thought it not fitt it should be redd. / Then stood upp Sir Francis Knowllis and spake allowing the bill; and v. answerd that where it was condempned as seeking the overthrowe of a member of the statute164 and so against the lawe, it tendeth in his opinion but to the reforming of abuses and a restrayning of the prelates in that wherin yf

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they meddle against the lawe they should incurre a premunire. And therefore we165 thought the bill to be good and fitt to be read. Then stood upp Doctor Lewen and spake. Drivinge his speach to a full aunswer to Mr Morice his speech, ffirst he shewed how the naturall bodie was delighted in change: so the like humour in the politique166 bodye gredye or167 alteracion. That this eversion of bishoppes had long byn sought for, and in shooting at theire iurisdicion theire aime was at there places, the one no more able to stand without the other then a house can be uppholden without a fondacion. Then he entered168 discorse of the manner of govermentes as monarchies, aristocracies, and democracies; and allowed the monarchic and in the most famous monarchies of the world, shewed this goverment nowe exercised by the bishoppes to have bene used. He affected to prove the bishoppes to be one such part of the boddie as without them could be noe boddie; for in comparing the state of the naturall boddie, he termed them169 the prince the hand,170 the counsellors of state as the sences next the head,171 the bishoppes and ministers are172 the shoulders and armes, the common people the legges.'73 Nowe to take awaie the shoulders from the boddie weer as great a defamitie174 as to have the fingers fastned to the shoulders. Then came he to the three peales175 of Mr Morice speach: inquisition, subscription, and binding [absolucion].176 Inquisition he proved lawfull / ffirst because it hath ben so long used, and in the greatest monarchies allowed £32 ffor before inquisition came in, the manner of triall was by occasion.177 And then the partie accusing was to suffer the penaltie that the lawe inflicted uppon 157. Recte Tuesday; Tanner has the correct day (+ Harl.i, FH, C2y8). This is one example of apparent confusion over Tuesday and Thursday. Some manuscripts have the correct day and date, though Harg. simply gives the date, but no day, and Pet. has neither day or date. 158. See SR, iii.29, 93-4, 545-6. 159. FH omits this sentence, simply noting 'Mr Morris' in the margin (+ Tanner). 160. FH omits: blank (+ Pet., C2y8). 161. Sic. other manuscripts, e.g. Harg. and FH, have 'pretendeth', though this appears to illustrate the lack of certainty about direct and indirect speech in these MSS. 162. Tanner omits; Harl.i: '. . . in the shewe of thinges' (+ FH, Pet., €278). 163. FH omits 'and supremacie' (+ Harl.i, Harl.2, Pet., Tanner, 0278). 164. Sic. Harg.: 'state' (+ Harl.i, Harl.2, FH, Pet., Tanner, 0278). 165. Tanner: 'he' (+ FH, Pet., 0278).

166. Harl.i: '. . . soe was it also in the political!' (+ FH, Pet., Tanner, 0278). 167. Sic. Harg.: 'of (+ FH, Pet., Tanner, 0278). 168. Tanner adds 'into a' (+ FH, Pet., €278). 169. Sic. deleted in Harg. (+ Harl.2). 170. Recte 'head'? Harg. omits 'the hand' (+ Harl.i, Harl.2). 171. Harg.: '. . . the sences not the head'. 172. Tanner: '. . . he tearmed the prince and the councellors of state to be as the sences, and as the head, the bishops and ministers as . . .' (+ Harl.i, FH, Pet., C278). 173. Harl.i: '. . . people as the fingers and legges' (+ FH, Pet, C278). 174. Sic. Harg.: 'difference' (+ Tanner, Harl.i, Harl.2, FH, Pet., C278). 175. Harg.: 'partes' (+ Harl.i, Harl.2, Tanner, FH, Pet., 0278). 176. From Harg. 177. Harg.: 'accusacion' (+ Harl.i, Harl.2, FH, Pet., Tanner, C278).

78

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The Eighth Parliament: 19 February-10 April 1593 the partie accused if he failed in hes acusacion; and then it might be that one accusing, the partie accused solicited twoe wittnesses to sware for him, which was sufficient to acquite him. So the guiltie escaped and the guiltlesse accuser was punished. This seeming greevous, they changed their trialls into inquisitions. And whosoever reades Demosthenes and Tullie shall see how unwillingely they were hiered to accuse. Yf we looke into the lawes in this relme it is altogether by inquisitions: in court barrens, leetes, in the kinge's courtes, and in the Star Chamber, so that this course is lawfull aswell in the eclesiasticall as in the temporall lawe, etc. Subscription was a thing we were bound unto by a statut: the like is used in other Churches as at Geneva, therfore as allowable here as there. Absolution termed bindinge is no other then in the common lawe. For in the writt de excomunicato capiendo™ the partie is solved179 is to be sworne ad servandum ius, and this othe to performe the lawe in this absolucion is not greevous when as otherwise the partie accused were to find pledges for the same, nay, it is a libertie to him when uppon his othe he may be freed. And so as to the bill he thought fittest it should be first considered of by the bishoppes and the judges of the relme before it wer reade. After this speech another ignotus et obscurusm from the upper end of the Howse did speake alsoe / against the bill to the effect before spoken of, whoe had noe sooner ended his speech but [there]181 stood uppe182 and said: 'It is and hath bene allwaies the manner of this House to allowe a mixture in speaking, and after the grave, honnorable, and wisest to heare the meanest alsoe. For my selfe I am but yonge, yet will shewe unto yow matter which is ould in aunswere to them that did speake last. The auncient charter of this realme saith "Nullus liber homo imprisonetur",183 etc, which is flattly violated by the bishopps' jurisdiction. Yow know what thinges Thomas Berket184 stood uppon with185 the kinge, which thinges are nowe alsoe creapt in. And for more full answer of one that spoke before, his antiquitie and prescripsion in this goverment can be allowed for noe reason. For so when, at a committee of a bill against the exaction of flees by the ordinaries for probate of testament in a parliament holden 21 Henry 8, the bishops stranglie persisted to maintaine and iustifie the taking of their ffees for probates of testamentes to be lawfull because the same paimentes had bin of long tyme used, it was answered by a gentleman of the Lower Howse that theeves on Shooters Hill used to take purses ther, ergo yt was lawfull.186 'For that of inquisition it seemed (especiallie by him that spoke last) to be allowed before that tryall of accusacion, by reason of the antiquitie of that manner of triall. But it cannot be proved so auncient as that manner of triall of accusacion, ffor in John cap. 8 verse to188 the adulterous woman being brought to Christ he asked who were her accusers. And for that manner of inquisition so spoken off the lawyers themselves189 doe dissallow, ffor one sayeth of inquisition ut libere fatere190 quod sentiam nunquam mihi placebit ilia predica. For subscription the statute alleaged / required but subscription to certaine articles of religion, and not a subscription in this forme.191 Because it is allowed in Geneva therfore we to allowe it, that is noe reason: for in Geneva there are

Journals:!. Anonymous journal, ig February-10 April

manie thinges allowells192 which (the partye speaking) would I dare saie be loath to have them used here. 'In absolution there is noe such oath required in our writt de excomunicato capiendo as was said, but onelie an oathe is geven de cautione ad comittenda.^ And therfore I thinke the bill verie worthy and fitt to be read.' Sir Robert Cecill. Then said Sir Robert Cecill, 'I am unwilling to speake, yea I speake against my will; and to aunswer unto speaches well studied and premeditated uppon the suddaine yt is hard for me. What the bill conteyneth I am ignorant, and whether to be allowed or no I will suspend my opinion. To saie the truth: the man whoe offred it was learned and wise, and one whome I love, yet a bill of this effect to be offred and inforced194 in this sort I knowe not how to allowe it, ffor her Majestic had streightlie forbidden anie medling in such causes. Yet not forgetting nor neglecting the cause, shee had in her excellent wisedome cared and195 pretended that a redresse should have bin had in the things that are sought. To which end her Majestic before the parliament summoned had dyrected her lettres to the Archbishoppes to certifie her of divers matters concerning the same.196 178 Sic. 179 Sic. Harg.: 'absolved' (4- Harl.i, Harl.2, 180.

181. 182.

183.

184. 185. 186.

FH, Pet., 0278); Tanner: '. . . party as solved'. FH omits let. . . Howse' (+ Pet., Tanner, 0278); D'Ewes, p.475 conjectures that this was Henry Finch. Cf. EP, ii.272 where Neale suggests Richard Stephens on the basis of Document 2. From Harg. FH adds 'another', Tanner 'another ignotus', Harl.i 'another ignotus quidem (+ Pet., €278); Harg. has a blank. D'Ewes, p.475 suggests Oliver St John. EP, ^.272 identifies the speaker as Henry Finch on the basis of Document 2. FH omits (+ Pet., Tanner, €278). See SR, 1.7, ii and 117 for 25 Ed. I, 29 (1297). Sic (+ Harg.); Tanner: 'Becket' (+ FH, Pet., C278). Harl.i: 'against' (+ FH, Pet., €278; Harl.2 omits). Harg.: 'For so where the officialles prescribe to exact fees because tyme out of mynde they have done so, they may do so: or to sett it downe that it was answered in the Parliament House aswell theeves may prescribe

187. 188.

189. 190. 191. 192. 193. 194. 195. 196.

to take purses uppon Shooters Hill because tyme out of mynde they have done so.' Harl.i: '. . . and prescription cannot be allowed in this government noe reason soe were the officiall prestitate to take and exacte ffees because tyme out of minde they had done soe, for sett it downe that was . . .' (follows Harg.: Harl.2, Pet., Tanner, 0278 follow Harl.i, as does FH (though 'prescripte' rather than 'prestitate'). See Hall, Chronicle (1809 edn.), p-767Sic. Harg. omits and has a blank space; Tanner omits (+ FH); the story is from verse 10. Pet.: '. . . ffor in John the adulterous' (+ 0278). Harg.: '. . . inquisition the lawyers themselves spoken of (+ Tanner). Sic. Harg.: 'fateor (+ Tanner). i.e. 13 Eliz. c.i2 (1571) in SR, iv.546-7. Sic ('allowed' in Stowe). Harg.: 'admittenda (+ Tanner, Harl.i, Harl.2, FH, Pet., €278). Harg.: 'informed' (+ Tanner, Harl.2). Harg. omits 'cared and'. Harl.i omits 'of divers . . . same' (+ Harl.2, FH, Pet., 0278).

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'Nowe [that] her Highnes care for our good, and yealdinge to our desire shalbe prevented by our hastie seeking of these thinges before theire197 tyme, surelie it is not fitt. And her Majestie cannot but be offended / at it. For the bill, I protest I knowe it not; it seemeth to conteyne thinges needfull, wherfore it were fittest it should be first commended to her Majestie and so recomended to us; and if I doe this office for the House, I protest I will in all dutifull love and service doe it. But if the other course be taken I feare the thinges sought wilbe denied for the violence used in it.' Then said Mr Speaker, 'In favour and in free love above my meritts or desert yow have elected me, which should bind me to do all my best service and to be faithfull towardes yow. This bill delivered me was long, and conteyned important matters and of great weight and such matter as could not be expressed in fewer woords. It had manie partes and if yow putt me presentlie to oppen it I cannot doe it as I should. For indeed yt is matter above my ordinarie practise and therfor [I] could not so redilie understand it; and to deliver a thing before I conceive it I could not. Wherfore if yow wilbe pleased to geve my198 leave to consider of it, I protest I wilbe faithfull and will keepe it with all secrecy'. Hereuppon the Howse was in question whither yt should be committed to the Speaker onelie, or to the Privie Counsellors and him. But it was holden against the order of the House that a bill should be committed before it was redd. Therefore uppon a motion made by Mr Wroth it was agreed that Mr Speaker onelie should keepe it. This afternone at twoe of the clocke the Speaker was sent for to the courte wher the Queene her selfe gave him a speciall199 commaundement to deliver unto the House. / On Wednesdaye the 28 of Februarie in the morning imediatlie after praiers the bill against recusantes was redd. This morning was Mr Morice sent for to the court, and from thence he was committed unto Sir John Fotescue's keepinge. After, the bill of recusantes was redd and opened by Mr Speaker who made I4200 devided partes of the bill. Then stood up Mr Cradocke and spake saying, 'There is noe man as I thinke soe irreligious towards God, so unloyall to her Majestie, soe carelesse of the common state,201 but thinketh the bill good and the lawe verie necessarie; yet before it were enacted it is in myne opinion [fitt]202 that everie parte of it should be considered of, and some reformed. 'The thing to be reformed is this, the woordes of the act being "everie parson" that shall receve anie recusant, etc: And this the purvey203 being generall, the good subiect maye be greeved by this lawe. And he that shall have but a recusant in his custodie shalbe within the lettre of the lawe for receving a recusant into his house. 'Things to be considered off are first whether it be good to deprive them of all theire goodes, ffor soe we shall leave them no meanes of livinge. 'Whether the parties that be nowe recusantes being reconciled yf they fall into a relaps, and afterwardes be newlie reconciled againe, shalbe ennabled to

Journals:!. Anonymous journal, 19 February—10 April

take benefitt of their lands and goods, ffor it is hard if after there repenting they be not restored,204 though it be after their second falling awaye.205 'Alsoe where the forfeiture of the recusant is great, and yet there lands are by commission found or returned to be little206 in vallowe, the profitt to the Queene is not much, wherfore this would be alsoe reformed.' / Then stood up Mr John Hole207 and said, 'There are theis fewer things in the bill touching the best subiectes'. The proviso for them that had purchased anie landes, or have statutes, bandes, and recognizaunces uppon the landes of recusantes is too short and not liberall enoughe. The twoe partes of the recusantes' landes shalbe forfeited to the Queen. This will prove a benefitt to some recusantes for [nowe theire landes beinge subiect to statutes which they have]208 acknowledged, they shall have a thirde parte discharged of all their owne charges. Though the recusant be disabled to purchase, and soe anie purchase made by him voide for want of capacitie to purchase, yet as to him that shall purchas of a recusant, and drawe anie estate from him, his capacitie to be good to that end. A man marryinge a recusant onelie to forfeitt the goods that he hath properlie by her, and not those she hath as executor to anie person. Then stood up Mr Phellips and aunswered to all the obiections against the bill made before by Mr Cradocke and Mr Hele, affirming the bill sufficient in all the pointes spoken to, and that neither the sence nor the letter could be preiudiciall to the good subiect. Onelie that he would have provided that the recusant should not use this lawe to his benefitt as they doe the former, procuring commissions to their freindes and take leases of their owne landes answeringe the Queen little.209 Then Mr French210 mad this question whether those that came not to church, by reason of the misslike they had of the211 Church, shalbe in like case 197. Harl.i: 'our' (+ FH, Pet., €278). 198. Sic. Harg.: 'me'. 199. Harg. omits (+ Harl.i, Harl.2, FH, Pet., Tanner, 0278). 200. Sic (+ Harg., FH, Pet., 0278, Tanner). 201. Harl.i: 'statutes' (+ FH, Pet., €278). 202. From Harg. 203. Harg. alters to 'purview', and has 'thus' rather than 'this'; Harl.i: 'thus the provisoe' (+ FH, Pet., €278); Harl.2: 'thus the purvey' (+ Tanner). 204. Tanner stops at this point and resumes at Phellips' speech (+ FH, Pet., 0278). 205. Harg.: '. . . thoughe not after theire second fallinge awaye'; Harl.i (+ Harl.2) omits a section of what follows, i.e. 'falling awaye' through to (and including) 'to anie person'. There are many instances from now on where the other MS copies truncate Cotton

206. 207. 208. 209. 210.

211.

(and Stowe), though the footnotes here are mainly concerned with showing where lengthier passages have been omitted, and also concentrate on noting how what does appear varies from Cotton's account. Harg.: 'lost'. Harg.: 'Hele'. From Harg. Tanner: '. . . Queene's title' (+ Harl.i, Harl.2, FH, Pet., C278). Harg.: 'Fynche' (+ Tanner, Pet., C278); FH: 'Phillips', though 'Finch' in margin. French is wrong: see Commons, sub Finch, Henry (assumed to be the speaker here), or Finch, Moyle. Harg. adds 'government of the' (+ Harl.i, Harl.2, FH, Pet., Tanner, C278).

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as recusant papistes, and therfore thought fitt a proviso to be added212 that the minister of a parish not being a precher the parties not comming to that church within a month to be out of the penaltie of that law. / Mr Tichborne it213 would have provided that the ffather should not have power to dissinherit his child for beeinge conformed unto our religion. And that our religion should [be] professe[d] by him that should have the bringing of him upp.214 Then Mr Nathaniel Bacon moved that the children might not be committed to be bishoppes of the dioces bycause theire chauncellors are so much affected to the cannon215 lawe that some are infected with Popish religion. Besides, the office of bishoppes is to preach and this dutie in their calling would not be hindred by other affaires committed to their care, wherfore it were fitter the justices of asseise should appoint to whom they might be committed. Wherunto Sir Edward [Stafford]216 said, 'It may be the partie is enemie to him to whome his childe is committed, therfore the committment were fitter to be to twoe or three.' Then said Mr Wroth,217 'The lawe hath noe proviso for leases, no remedie appointed as by distresse or other wise how the gardian is to come by the monie appointed to him for the custodie of the child of a recusant. Besides it is fitt to adde218 a proviso that noe partie being next heire to the child should be his gardian. Also that a recusant shall not forfeit tenn poundes a moneth for keeping of his wife because he is bound to keepe her, yet it is necessarie a forfeiture should be made for his servauntes.'219 After all this220 speeches they agreed to have the bill committed, but the House was devided uppon the place of committment. So the Speaker made it a question whether in the Exchequer Chamber or in the Parliament House. They for the Exchequer to saye T, and they for the Parliament Howse to saye 'No', and the 'No' carried it. This being done the committes by Mr Fotescue signified their agreement unto to subsidies and 4 fifeteenes. / Wheruppon Sir Henrie Knovett221 spake allowinge the subsidies, but withall desired these 3 thinges. First, that it might be lawfull for everie subiect to annoy the King of Spain that would. Secondlie, that weake forces might not be sent to encounter him, but a royall armie. Thirdlie, that we should not wrestle with him uppon our owne ground but abroade; ffurther that all her Majestie's debtes might be called in and her Majestic to have power to sell all the debtors' landes what estate soever they wer seised of. Alsoe that there should be noe steward nor commissioner but should aunswer her Majestic the royall fines and sommes that they receved. And that all her woodes be veywed, the greater timber to be preserved for sales, the copie wood222 sould to encrease her revenue. And that licence shall not be graunted223 to anie to have benefitt of penall statutes, but that the whole benefitt of them might come to the Queene. Also he declared the great benefitt to come to the Queen by this newe statut224 against recusantes. And wished that the recusantes' children might [be] committed to


persons of sound religion. The whole benefitt of theire living to come to the Queene, deducting onelie charges for educacion of their children. Then spake Sergeant Harreis and agreed to the subsidie because parliament[s] were seldome, whereas by statute 4 Edward 3 they may be called everie yeare.225 'But one thing', said he, 'is needfull to be spoken of, and nowe is the tyme to speake of it, which is this. The subsidies are graunted to maintaine the warrs, but whether it be warre or no warre yet we knowe not. And the thinges which wee take from the Spaniardes is doubted by manie not to be lawfull prize; and therfore it is fitt in the subsidie226 to have it sett downe: theis subsidies be graunted to maintaine a warr repulsive227 and defensive against the Spaniardes, and the same to be a lawfull warre.' / Then Sir Walter Rauleigh seconded this speech agreeinge in all thinges with Seriante Haris, and said he knewe manie that held it228 in conscience as the time is to take from the Spaniards; and he knewe, if it might be lawfull and open warr, ther would be more voluntarie handes redie to fight against the Spaniardes then that the Queene should need to send to sea, etc. After theis speeches there was a staye made, and then stod upp Mr Speaker and said he had a message to deliver unto the said House from her Majestie, which is this: 'Yesterdaye a grave229 member of this House after a speech used and his reasons laid foorth did deliver upp twoe bills unto me, which bills though not being read yet were diverslie spoken of. They beinge longe, the 212. Tanner omits 'a proviso to be added' (+ Harl.i, Harl.2, FH, Pet., C2y8); Harg.: '. . . papistes. A proviso added'. 213. Harg.: 'he'. 214. Harg.: '. . . conformed and made of our religion by him that should have the bringinge of him upp' (Tanner, Harl.2, though '. . . being conformed to our religion . . .'). Harl.i, omitting 'have power to' and reading 'sonne' rather than 'childe', has '. . . sonne, nor have power soe to do, for beinge conformed by him that . . . ' ( + FH, Pet., C2y8). 215. Harg.: 'common' (+ FH, Tanner). 216. From Harg. 217. Pet.: 'Worthe' (+ C2y8). 218. Harg. omits 'Besides it is fitt to adde' (+ Harl.i, Harl.2, Pet., Tanner, C278). 219. Harl.i: '. . . to keepe his wife otherwise for keepinge of servants recusantes.' ( + Harl.2, Pet., Tanner, €278); Harg.: '. . . keep his wyfe otherwyse, forfeit to be . . .'; FH: 'for the not coming to Church' rather than 'for keeping . . . servauntes'. 220. Sic.

221. SlC.

222. Sic. Harg.: 'coppice' (+ Harl.i, FH, Tanner, 0278). 223. Harg.: 'Licences graunted' rather than 'And that. . . graunted' (+ Harl.i, Harl.2, FH, Tanner, 0278. Pet. follows). 224. Harl.i: '. . . statutes to be looked into, and the whole benefit of innes and alehouses to come to the Queene, a greate benefitt to turne to the Queene by the new statute' (+ Harl.2; FH, Pet., C278 follow; also Tanner, though (?) 'called in' rather than 'looked into'). 225. 4 Ed. Ill, c.i4 in SR, 1.265. 226. Harg.: '. . . therefore in the subsedye' (+ Harl.i, Harl.2, Pet., Tanner, C2y8); FH: '. . . therfore I desire it may be sett downe in the subsidie that the subsidie be . . .'; Stowe: '. . . it is fitting the subsidy'. 227. Harg.: 'impulsive' ( + Harl.i, Harl.2, FH, Pet., Tanner, €278). 228. Harl.i adds 'not lawfull' (+ FH, Pet., C278). 229. Harl.i: 'great' (+ FH and Pet., €278 followed by 'number', rather than 'member').

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matters grave and of great importaunce, and the dale being then almost spent, I desired further tyme to consider of the partes of the bill and I humblie thanke this honnorable House tyme was freelie graunted me, it being almost xij of the clocke ere I had read and perused over both the bills: I have them about me, and they have bin continuallie with me ever since they were delivered me, never anie man sawe them, nor no eye more then my owne ever sawe one worde of them. A little after I had perused the bills I was sent for by a speciall messenger from her Majestic, and comming to her royall presence I was commaunded to deliver theis woordes from her most excellent Majestic unto the boddie of the relme, for soe she termed this House. The matter I have to speake is great, yea, it is the greatest matter that ever I had to deale in, wherefore I pray God to direct mentem meam et Hnguam.230 I must be short for her Majestie's woordes were not manie. And I may perhaps faile in the deliverie of them, for though my audyterie be great, yet who is so impudent whome the presence of such a Majestic would not appeale.231 And it did greatlie feare me when I sawe none of theis honnorable persons in her presence who wer present at the holding232 of the matter / in this House, yet so God and his providence had appointed yt that even in this while came in summe of the persons here present, whoe if I faile in delivering what is geven me in charge can report it unto yow. And I am glad they were wittnesses with me in this occation233 what was me234 faithfull service for this House. It was a thinge I greatlie feared, and I protest a greater comfort never befell me then this me integeritie and faithfull promise made unto this House. It is not violated, for her Majestie in her most gracious wisdome before me comming determined not to presse me in this, neither235 did shee require the bill of me. But when I humblie signified what my vowe and promise was unto this House mercyfullie she allowed of it and thought not ill of mee, for it onelie shee required to knowe of me what were the thinges in the bill spoken to by the House, which pointes I onelie delivered as they that have heard me can tell. The message delivered and committed to me from her Majestie consisted in three thinges; ffirst, the end why the parliament was called; secondlie, the speech which her Majestie used by the Lord Keeper; thirdly, what her pleasure and commaundement now is. 'For the first, yt is myne and in my onelie power236 (I speake nowe in her Majestie's person) to call and summon parliamentes.237 And her Majestie's Highnes further said that the calling of this parliament was onelie that the majestie of God might be more religiouslie served; and those that neglect this service might be compelled by some sharper meanes to a more due obedience and true service of God as238 there hathe bene hertofore used. And further, that the safetie of her Majestie's person and of this relme might be239 all meanes possible be provided for against our great enemie the Pope and the King of Spaine. / 'Secondlie, her Majestie declared that her excellent pleasure being delivered unto us by the Lord Keeper, it was not ment we should medle in matters of


state or in causes ecclesiastical!; for so her Majestic termed them, and shee wondred that anie could be soe forgettfull of her commaundement to attempte (I use her owne woorde) a thing soe expresslie contrarie to that which she had forbidden, wherfore with this shee was hightlie offended. 'Thirdlie, because the woordes then spoken by the Lord Keeper are not nowe perhappes well remembred, or some be nowe heere that were not then present, her Majestic's present charge and expresse commaundement is that no bill touching the said matters of state or reformacion in causes ecclesiasticall be exhibited. And uppon me240 allegeance I am commaunded if anie such bill be exhibited not to read it. On Thursday the first daie of March imediatlie after praiers in the morning there was first an act read to prohibit strangers borne to sell forren wares by waye of retaile, except he hath served seven yeares with an Englishman in the same trade, etc. Alsoe an act touching the breadthe of plunkettes, azures, and blowes241 and other coloured cloathes made within the county of Somersett and elswhere of like making. Alsoe an act concerning the assurance of certaine landes and tennementes to Read Stafford, esquire and Mabell his wife and to the heires of the said Reade.242 Alsoe an act to take awaie the benefitt of clergie from such as steale sheepe, oxen, calves, and lambes, etc. After this bill read, Mr Seriante Yelverton did speake concerning the priviledges of the House.243 / That the burgesse of Leskard244 in Cornewall 230. Harg. adds 'hanc (+ Harl.i, FH, Pet., Tanner, C2y8). 231. Sic. Harg.: 'apale' (+ Harl.i, Harl.2, FH, Pet., Tanner, €278). 232. Harg.: 'handlinge'. 233. Harg.: 'accion' (+ Harl.i, Harl.2, FH, Pet., Tanner, €278). 234. Sic (and below). 235. Harl.i adds 'indeed' (+ Harl.2, FH, Pet., Tanner, 0278). 236. Harg.: '. . . in me and my onely power'; Harl.i: 'in me and my power' (+ Harl.2, FH, Pet., Tanner, €278). 237. The words 'It is in me power to end and determine the same; it is' follow, but have been deleted. Harg. has: 'It is in my power to end and determyne the same; it is in my power to assent or disassent to any thinge done in parliamentes' (+ Tanner, and Harl.i, Harl.2, FH, Pet., €278 follow). 238. Sic (+ Harg., Tanner). 239. Sic.

240. Sic. 241. Sic. Harg.: 'blewes'; Harl.i adds '35 Elizabeth, c.g' to this entry (+ FH, Pet., C278). 242. Harg.: '. . . assurance of the mannor of Rynfilde in Berkeshire, Read Stafford to have an absolute estate in fee dischargd of a perpetuity whereby it is nowe tyed. All the parties in remainder uppon consideracion are agreed'. (Harl.i, Harl.2, FH, Tanner follow, and Pet., 0278, though 'parliament' rather than 'perpetuity'). 243. Cf. D'Ewes, pp.479-80. Yelverton was a committee for examination of returns and for privileges. The committees had met on the previous afternoon. The Liskard burgesses were Jonathan Trelawny and George Wray (Commons). 244. FH: 'Misteard' (?) (+ Pet., 0278); Tanner: 'Miscard' (+ Harg., Harl.i).

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The Eighth Parliament: 19 February-10 April 1593 beinge elected, the towne refused to deliver their indenture to the shreife; but the partie elected made this245 indenture and delivered it here to the Clarke of the Crowne who filed it to the rest of the indentures returned by the shreife, the sherife having endorced uppon this writt. But this indenture was never annexed246 by the shreife, nor returned. Notwithstanding by the House this returne was hade247 good. Then said Mr Hele:248 John S is retourned in the indenture by the name of Richard S - whether this may be amended by the Howse. Also that Mr Audley249 is returned burgess for twoe townes. To which it was aunswered that, he haveing elected for which he wilbe, a new writt is to be directed to the other towne to these250 a nother burgesse. Also if two burgesses are returned for one towne, one of the burgessess being mistaken is willing to resigne unto the other — whether by the assent of the sherife and partie this is to be done. Alsoe the Bailife of Southwarke electeth himselfe by the name of Richard Hutton,251 gentleman, and the indenture returned by the sheriffe is Richard Hutton, BailifFe - whether is this good. Thomas Fit[z]harberte of Stafford Shire beinge outelawed uppon a capias ad satisfaciendum, after judgment is elected a burgess of the parliament. Twoe houres after this election befor this indenture returned, the sherife arrested him uppon this capias utlagem2^ - the partie is in excecucion. Nowe he sendeth this supplicacion to this House to have a writt from this House to be enlarged, and to have the254 priviledge / in this case to be graunted unto him. To which it was aunswered that it was thought he was not eligible because in the calling of parliamentes and in the electing of the parties called there must [be] chosen magis idonii et ex discretionibus255 viris. The knightes to be gladiis cinctos.256 But a man out lawed is not idoneus, therefore not eligible, considering his disabilitie in all other cases of lawe, and therfore in this (that is the greatest) not able. And theruppon was urged the authoritie of it.257 Henry 7: partyes attainted, first to have theire attenders reversed before they sitt. Alsoe ig258 of Henry 6: a man outlawed for forginge false deedes not eligible to be of the parliament. Then spake Sir Edward Hobby and said, 'The partie out lawed is not out of wittes, therfore capable; and then is he a man able to be chosen, and idoneus to be a burgesse, onelie a difference may be made where the outlarie is for a cause criminall and259 for a cause personall, as in this case is the disabilitie greater, that a man outlawed may [not]260 be a burgesse as well as an atturney to a man, or an executor. And I thinke it doth stand with the priviledge of the Howse to deliver him though he were out lawed.' Then said Mr Lewis that a man outlawed could not have priviledge being in execucion uppon a capias, quia frustra legis auxilium impetrat qui in legem261 peccat. And Cardinall Pole would not come into the Howse of Parliament untill the attaynder against him was reversed. / Then said another ignotus262 'Multa sunt que fieri non debent quod tamen facta


tenentur.263 And though264 it is a good exception against his election to saye he was out lawed, but no disabilitie unto him being elected.' Then Sargeant Yelverton left the thesis and did speake onlie to the present case of Fitzharbert, and thought that he could not have priviledge being in execution uppon a capias utlagem265 after iudgment, and cited the booke of 2 Edward 4266/o/. 8 to be expresslie so. And said alsoe a iudge267 reported unto him that in 34 of Henry 8 a burgess being arested and in execution uppon a statute could not have priviledge of the Howse.268 Mr French269 said he could not tell what to hold, or which side to take. The booke of 2°270 Henry y271 cyted to prove they were elected that weer attainted and that272 no disabilitie to them. The writt to choose a burgess is not legatem273 hominem, as in all pleas, but idoneum; therfore ought not to be so strict as if he were to be challenged upon a jurie. At the common lawe uttlawrye was onelie for causes criminall, as treason or fellonye. And this in personall causes geven onelie by stattute 11 Henry 4,274 therfore not so great a difficultie as that at the common lawe. On the other syde utlagatus, ne villein cannot be a champion, which is as a judge to decyde; then a fortiori he can be no judge in this Howse. The Great Charter,275 is: all triall ought to be per legates homines et parium suorum, the utlawed man not of the number of parium, therfor not to be a judge. 245. Harg.: 'his' (+ Harl.i, FH, Pet, Tanner, C2y8). 246. Harl.i: 'executed' (+ FH, Pet., €278). 247. Sic. Harg.: 'holden' (+ Harl.i, FH, Tanner); Pet.: 'holding' (+ 0278). 248. John Hele was another committee (D'Ewes, p.479; Commons sub Hele, John I). 249. See Commons sub Audley, John II. 250. Sic. Harg.: 'chuse'. 251. FH: 'Sutton' (+ Tanner). See Commons sub Hutton, Richard. 252. Sic. correctly V, as later (f^Sv). 253. Sic. Harg.: 'utlagatum. 254. Harl.i: 'whether the' rather than 'and to have the' (+ FH, Pet., €278). 255. Harl.i: '. . . matters Adorn et ex discretionibus'. 256. Harg.: 'sagdntis etc'; Harl.i: 'gladio succincto' (+ FH, 0278); Harl.2: 'gladio sicincti' (+ Pet., Tanner). Cf. D'Ewes, p.37 for the election writ to sheriffs. 257. Sic. Harg.: 'i°' ( + Tanner); Harl.i: '19' (+ FH, Pet., C278). See YB i Hen. VII, 4. 258. Harl.2: '10'; FH: 'There tis said' rather than 'Alsoe . . . 6' (+ Pet., 0278). Parliament met in 18 Hen. VI (1439). 259. Stowe: 'or'; Pet. adds 'not' (+ FH, C278).

260. From Harg. (+ Harl.i, FH, Pet., Tanner, 0278). 261. Harg.: 'lege'; FH: 'imploraf rather than 'impetrat' (+ Tanner, 0278); Pet. has 'legis implomt' rather than 'impetrat'. 262. FH identifies this speaker as Mr Wroth (in the margin). 263. Tanner adds 'bona (+ Harl.i, FH, Pet., €278). 264. Harg.: 'thought' (+ Harl.i). 265. Sic. Harg.: 'utlagatum. 266. FH: '3'; see YB 2 Ed. IV, 8 (and see £41 below). 267. Harg. adds 'to have'. 268. i.e. Ferrers, reported in Hall, Chronicle (1809 edn.), p.843. 269. Harg.: 'Finche' (+ Harl.i, Harl.2, FH, Pet., 0278, Tanner). 270. Harl.i (+ FH, Pet., 0278, Tanner): '20'; Cf. YB i Hen. VII, 4. 271. Pet.: '3'; FH: 'Edward 3' rather than 'Henry 7'. 272. Harg. adds 'it has'; Harl.i: '. . . that disability was taken against them' (+ FH, Pet., Tanner, 0278, and Harl.2 (though 'the' rather than 'that')). 273. Sic. 274. FH: 'Edward 3' rather than 'Henry 4'. 275. See SR, 1.7, n.

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v. 2 March 1592

Fridaye 2

The Eighth Parliament: 19 February-10 April 1593 Utlawrie is an attaynder, therfore the partie so stayned no competent judge: 8 Edward276 3. Fitzharberte utlegatus ne poit estre vaur,211 ergo in law judged to278 no man in being.279 / Then stood up Mr Braughton and said that a man utlawed may be a burgesse, ffor in no cause utlawrie is disabilitie where a man is in [dwter]281 droit. As to be executor or atturney yt is noe exception, and wee are heere in loco of them for whome we be chosen, so in auter droit [ergo]2*2 utlarie is no exception to the partie. And theruppon was cited the cause of try ell in 38 of Henry, 8 Dyer 62,283 Mr Hall's284 man the last parliament delivered out of execution by writt from the House, and though the partie be in execution yf not att the Queene's sute, he is to have priviledge and yet not the partie to loose his debt, nor the shrive to be charged. This daye came downe Mr Egerton, being the Queen's Atturney Generall, with [Doctor]285 Carewe, and brought a message from the Higher House. The manner is the Speaker being lett to know this, tould to the House that they were at the dore with a message from the Higher Howse. They wer sent for by the Howse to come in; the Sargeant brought them upp, and with three lawe286 curtesies before they approched to the Speaker the[y] came upp. Then Mr Atturney did deliver unto the Speaker that the Lordes[?] of the Upper Howse, for causes of great importance considered amongst them but not yett resolved, desired as the manner was in such cases to have conference with us of the Lower House.287 The Speaker propounded their message to the House: the Howse desired to knowe with what number of the Lords they should meet, what place and what time their lordshipps would appoint. The Atturney Generall staiing at the dore was sent for to receve this aunswer which was delivered from us by the Speaker. After that the Atturney came againe to us and signified that the lords would be 20, the place the Upper Chamber next the Higher House, and at 2 of the clocke in the afternone. So the Atturney departed and our Speaker delivered to us what this last answere was. / Then we did choose committees in number xla, for soe the order is to double the number of the Lords.288 Those committees from the Lower Howse are to agree to nothing, but onelie to report to the whole Howse afterwarde what is done and sayed. On Friedaye morning the second day of March after prayers there were no bills289 read. But presentlie Mr Moone290 did speake to the question of Fitzharbert handled so much291 before, whereof he gave not one speech but292 was not spoken of the daie before, and he was against Fitzharbert. After him spake Sir Henrie Knewell293 to the same question but had never a new reason; he onelie tooke exceptions that the priviledges and auncient grauntes of the House weer not observed, and that men wer not patient to heare men that did speake and pleased them not. Mr Tasbroug,294 Mr Stevenson, Mr Bowser,295 Mr Sandes,296 Mr Dalton did speake all to the same matter but not a woord297 more then was spoken before.

Journals:!. Anonymous journal, 19 February-10 April Then Mr Tanfolde298 did speake after all this and hould299 that a person outlawed might be a burgess. He made a difference wher the exception to the burgesses grewe uppon matter before this election and where after; yf the exception grew after then a burgess elected might not be out300 of the House. And further said that, if exception be taken to this election and that this utlarie no we be alleaged to disablie301 him, the state302 of i Henry 5303 will disable most of this House, for they ought to be de Burgensis. If this be a good election then it folio we th that the partie elected is to have his priviledge. And thoughe the common lawe be304 disable the partie, yet the priviledge of this House being urged, that prevaleth over the lawe. Then said Mr Speaker, 'I desire that I may be heard a woord, not that I have anie voice or assent to geve, though I am of the House, but because I am a servant to the House and have som what to speake that appertainethe to my dutie and / place, which I desire to have leave to utter. For my speech shall not tend to meddle in decyding of the question, but onelie to enforme the Howse my knowledge and to doe that dutie which I thinke belongeth unto my selfe. 276. Tanner: 'Henry'. 277. .Sic. Harg.: '. . . ne poet estre dit liber, though 'dit liber' has been crossed out. 278. Harg.: 'as'. 279. FH omits 'Utlawrie . . . being'; Pet. truncates the passage from 'The Great Charter . . .' and re-arranges the sentence order (+ Tanner, C278). 280. Sic. 281. From Harg. 282. From Harg. 283. See below, f.88. Pet. omits this sentence. 284. FH: 'Hollis' (+ Pet., 0278). See Commons for Hall and 1576. 285. From Harg. 286. Sic. Harl.i omits; Harg.: 'lowe' (+ Stowe, Harl.2, FH, Pet., Tanner, C278). 287- Harg. adds: 'This sayde, they departed out of the Howse' (+ FH, Pet., Tanner, 0278). 288. The MS has been amended by a contemporary hand from 'be' and 'treble', which readings Harg. retains; Harl.i: 'threescore' (+ Harl.2, also FH, Pet., Tanner, €278 ('60'); Stowe: 'treble' (+ Harl.i, Harl.2, FH, Pet., Tanner, 0278). CF D'Ewes, p.481. 289. FH: '. . . there was one bill' (+ Pet.). 290. Sic (+ Harg.); Tanner: 'Mann' (+ Pet., 0278); FH: 'Munne'. See Commons sub More, George and Man, Edward.

291. Harl.i: '. . . Fitzherbert altogether as was spoken' (+ FH, Pet., Tanner, C278). 292. Harg.: 'that'. 293. Harg.: 'Knivett' (+ Harl.2, Tanner); Harl.i: 'Emerett' (+ FH, Pet., €278). 294. i.e. Thomas Tasburgh (Commons). 295. Sic (+ Harg., Harl.i, Tanner, FH, Pet., C278); Commons identifies this member as Henry Bourchier, though Edmund Bowyer, Robert Bower, Talbot Bowes (and Sir William Bowes) are possible candidates too. 296. Commons identifies this member as Miles, rather than Edwin, Sandys. 297. Harl.i: 'reason' (+ Harl.2, FH, Pet., Tanner, 0278). 298. Commons sub Tanfield (as Harg.). 299. Sic. Harg.: 'heald'. 300. Sic (+ Harg., Harl.i, Tanner, FH, Pet., C278). 301. Harg.: 'disinable' (+ Harl.i, FH, Pet., Tanner, C278); Harl.2: 'dissemble'. 302. Sic. Harg.: 'statut'. 303. Harl.i: '23 Henry 6, i, 15' rather than 'i Henry 5' (+ Pet., 0278); FH: '23 Henry 6'. See I Hen. V, c.i (1413) in SR, ii.iyo. 304. Sic. Harg.: 'do' (+ Harl.i, FH; and Pet., Tanner, 0278 ('doth')); Harl.2 follows with 'dissemble' rather than 'disable'.

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£.40

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2 March 1592

v.

The Eighth Parliament: 19 February-io April 1593 'The questions delivered by the committees were theis twoe: whither Mr Fithbert305 were anie member of the House; and yf hee weere, whether to have the priviledge. 'It hath bin my manner since my first practise to observe strange learninges, especiallie such way as appertained! to the lawe, as this of the priviledge of this Howse. Therfore I will informe what I have lerned for I will speake nothing of my owne but what I have learned. First this writt of priviledge must goe from the boddie of this Howse made by me, and I to send it into the Chauncerie, and the Lord Keeper is to direct out the writt of priviledge. Nowe before we make such a writt let us knowe whether by lawe wee may make a writt, and whether it wilbe good in the cause or no. For my owne parte, my hand shall not signe it unlesse my hart assent unto it, and though we do make such a writt, yf it be not warrantable by lawe and the proceeding of this House the Lord Keeper will and must refuse to allowe it: no man shall stand more with the priviledge of this House then I will, and what hath been the use306 of the House is meet should be observed. 'To the matter, frirst there hath been enferred307 her Majestie's commandment. I obey unto anie commaundement of her Majestie's (knowinge them to be great and reverent) as fair as any bodye. But I doe not take that, that we have receaved any such comandment, ffor her Majestie's comandment by the Lord Steward was to every privat man that stood utlawed that he should forbeare the House untill he had compounded with his creditors; but her Majestic sent no such commaundement to the House that they should not receave anie unto the House that was utlawed:308 we have noe such commaundement. Nowe whither / a man utlawed may be a burgesse. I hould it noe question but that a man utlawed, attainted or excommunicated, or not lawfullie elected, as by the fewer309 voyces, yf this man be returned, out of all doubt this man is a lawfull burgess. This I prove by booke authoritie and expresse statutes, as that of n Henry 4 cap. i:310 a knight untruelie returned shall lose his wages, therfore allowed to be a knight thoughe undewlie returned, and the penaltie onelie is to loose his wages. 'Another authoritie is 8 Henry 6 cap. y,311 ffor yf wee shall examine elections we shall then dissolve all parliamentes, and call in question all former lawes made be312 reason there were not lawfull lawmakers. Yf it appeareth once unto us of record that such a man is burgess we must beleeve the record and must make noe question against the record, ffor yf matters in fact shalbe examinable by us, then must wee trye it by withnes,313 ffrom the place where the fact was, and so shall314 a great waie hence be driven by wittnes to prove whether we are lawfull burgessess or no, which were verie unconvenient. But matters of record such as appeare to us recorded this:315 are to be examined by us for the record is to be scene. 'So that for priviledge I would graunt if it were sedente Parlimento or eundo, or redeundo or moeando^6 everie member of this Howse is to be priviledged. 'But the case with Mr Fitzbert317 being thus, that after his election and before the returne he is arrested and in execution by a capias utlagatum after

Journals:!. Anonymous journal, 19 February-10 April

judgment, whether this man be to be priviledged or no, I will but speake as I thinke and what I have learned, and I have good president for it. In this case he is not to have priviledge. For the question is whether the shreife is to take notice of his nominacion or not before he is returned unto him elected. And I thinke / not; for it appeares not to the shreife before the returne whether he be elected or not. So this nominacion is not a thing wherof he is tyed to take notice. 'Forris318 and Trewnirde's319 case in 38 Henry 8 and in 33 Henry 8 yow may see the case.320 'Thomas Thorpe in 31 Henry 6321 was chosen Speaker of the parliament and,322 after his election and before the parliament uppon a suit betwixt the Duke of Yorke and him Thorpe, was taken in arrest and putt in execution. Hereuppon he putt upp his peticion to the Howse of Parliament to have priviledge. But uppon resolucion of both the Houses it was yealded he could not have priviledge of the House: this was in Henry 6 time, and in 2 Edward 4 fol. 8 I thinke the opinion of Darbye there referrethe to this case.323 And because Mr Fitzbert324 stood utlawed uppon judgment, a matter in record, it was meete the whole cause were brought before us so that we might the better judge uppon it. And I thinke this corse best as standing with the gravitie of the House: before wee make anie writt of priviledge, to graunt out an habeas corpus cum causa returnable in the Chancerie, the shreife to appeare and the whole matter beinge transmitted out of the Chancerie hither, we to judge uppon the whole record as it shall appeare and by this writt graunted, the shreife bringing upp the partie. It shalbe no escape in the shreife nor the partie shall not loose his accion of debt though he be delivered,' etc. 305. Sic. 306. Harl.i: 'priviledge' (+ Harl.2, FH, Pet., Tanner, C2y8). 307. Tanner: 'inforced' (+ Harl.2); FH 'infected'; Harl.i: 'inserted'; Pet.: 'enacted by'; C2y8: (?) 'enserted'. 308. Harl.i omits 'that he should . . . utlawed' (+ FH, Pet., C2y8); Harl.2 omits 'they should . . . the House'. 309. Stowe: 'foure' (+ Harl.i, Harl.2, FH, Pet., €278); Tanner: (?) 'that'. 310. ii Hen. VI, c.i (1409-10) in SR, ii.i62. 311. Harg.: '10' (+ Harl.i, Harl.2, FH); Tanner: 'Henry 8 cap 10' (+ Pet., C278). See SR, 11.243-4 for 8 Hen. VI, c.y (1429)312. Sic. Harg.: 'by'. 313. Sic. 314. Tanner adds 'those' (+ Harl.i, Harl.2, FH, Pet., 0278). 315. Sic. Harg.: 'these'.

316. Sic. Stowe: 'morando'; Harg.: 'movendo' (+ Tanner): 'monendo' (+ Harl.i, Harl.2) FH: 'mananedo'; Pet.: 'manendo (+ C278). 317. Sic. 318. Sic. 319. Harg.: '[blank] and TrewmanY; Harl.i: 'TuindeY; Harl.2: Trewnirdio'; FH: 'Tunnerd's' (+ Pet., ?C278); Tanner: 'TrewnirdY. 320. For Trewynnard, see Commons, ed. Bindoff sub Trewynnard, William. 321. FH: '8' (+ Tanner). 322. 'nequaquam yt was after an adiournement' appears in the margin at this point (in another hand). 323. See J. S. Roskell, The Commons and their Speakers in English Parliaments, 1376-1523 (1962), pp.252-4, and YB 2 Ed. IV, 8 where 'Danby' is given; Harg. has 'Danbye' (+ Harl.i, Harl.2, Pet., 0278, Tanner). 324. Sic.

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£42 2 Marche 1592


This course was liked and the motion agreed unto by the greater parte of the House, etc. Then they brake of from the matter of Fitzharbert and Sir Roberte Cicill, a committee named to conferre with the Higher Howse, stood upp and delivered unto us what had bin delivered unto them by the Lord Treasurer of England in name of all the lords of the Higher House. The speeche consisted in three pointes. First, the cause that moved the conference and meeting; secondlie a particuler taste of a thing fallen in their cogitacions but not yet resolved of; lastlie a motion what was fitt for the substantiall proceeding one House with the other. The cause of the meetinge was to consider of our dangers and to consult of remedies. In the second poynte was sett downe what they ment not to doe but nominated not what they ment to doe: this deniall was flat they might not, nor they would not, geve theire consentes to lesse then a treble subsidie and not a treble, nor to a quadriple, unlesse the same were the better qualified, both in substance and circumstance of time. Lastlie, the motion was that the subsidies graunted might come freelie and be offred, and the leavie of them to be more substantiall and with more indifferencie then hertofore, ffor it was well knowne the best man in some wealthie325 shire not taxed about326 So11 lande, and in London none above 200'' goodes, and but 8 in all London above iooh goodes. So uppon the accomptes it appeareth that all the subsidies her Majestic hath had hath come but to 280 thowsand pounds, and her Majestic hath spent in deffence of her realme and in the warres i,O4O,oooh.327 Insomuch that for want of better supplie by the subsidie her Majestic was driven to sell some of her landes. After this speech Mr Francis Bacon stood up and spake: his motion was as yeelding to the subsidies. But disliked that we should ioyne with the lords of the Higher House in the graunting of it, for the custome and priviledge of this Howse had allwaies beene first to make offer of the subsidie from hence unto the Higher House, except it were that they sent us a bill, then we used to geve but our consentes to the bill and sent it upp againe. But reason yt is that we should stand uppon this our priviledge seeing the burthen rested uppon us as the greater nomber, / nor reason the thankes should be theis.328 And in joyning with them in this motion we shall derogate from ourselves, for the thankes wilbe theires and329 blame ours, they being the first movers. Wherfore he wished that in this action we should proceed as hertofore we had done, apart by ourselves and not joyning with them, and to satisfie the Lords who expect an aunswer from us to morrowe, some aunswere would be made in all obsequious and dutifull manner. Then owte of his bosome he drewe an answere framed by himselfe to this effect, in breife: that we hath330 considered of their Lordships' motion, thought uppon it as was fitt, and in all willingnes would adresse our selves to doe as soe great a cause deserved; but to ioyne with theire Lordships in this business we could not but with priviledge331 to the priviledges of the Howse. Wherfore we desired as we were wont, so


93

alsoe nowe, that we might proceed heerin by ourselves a part from theire Lordships. 'Thus I thinke wee may devide ourselves from theire Lordships and yet without dissention, for this is but an honnorable emulation and devision.' To this he cyted a presidente in Henry 8 time when fower of the lords came downe into the Lower Howse and enformed them what necessitie there was of a subsidie. Hereuppon the Howse considered of it and graunted a subsidie. This motion was well liked, and hereuppon the committees were appointed to consider uppon an aunswer to be drawne and delivered unto the Lords. In the after none the committees mett at the Howse and spent all the time in manie good discourses and disputacions for the subsidie, but a great time was spent what the matter was which was referred unto them by the House, whether what subsidie should be yealded and that signified for an aunswer from us [to] the Lords, or whither the committees were onelye to consider uppon an aunswere accordinge to Mr Bacon's motion, that wee might deale with the subsidie our selves without joyning with the Lords.332 Amongst others theis following did speake for the subsidie, speciallie enforcing the necessitie of it. / First spake Sir William More and shewed that her Majestic had nowe more v. cause to have the subsidie then had Henry 8, Edward 6, or Queene Marie, for Henrie 6333 his warres continued not though they were violent, for the tyme his warres were impulsive not defensive. He had the suppression of all the abies, a matter of great riches to him. He had a benevolence and then a subsidie payed within three monethes.334 Edward the 6 had chantries, and all the church plate, and a releife payed him. Queene Marie had a releife and a lone,335 which she never repayed. Her Majestic hath been at continuall defence of her owne realme and her neighbours' kingdomes theis tenn yeres, and is nowe driven to maintaine fower kingdomes, England, Ireland, Fraunce and the Lowe Countries, yet hath she repayed the loanes and had no such helpes, etc. Then stood upp Sir George Carye and did speake for the subsidie. First aunswering one, vizt Sir Henrie Unton,336 that did saie we must regard them and their estates for whome we be heere, saying he regarded and came for 325. Harl.i omits (+ FH, Pet., C2y8). 326. Harg.: 'above' (+ Harl.i, Harl.2, FH, Pet., Tanner, C2y8). 327. Harg.: 'xc and xl mli ', Tanner: 'a 100 and 40 thousand pounds' (+ FH, Pet., €278). 328. Harg.: 'theires' (+ FH, Pet., Tanner, 0278). 329. Harg. adds 'the' (+ FH, Pet., Tanner, C278). 330. Sic. 331. Sic. Stowe: '[blank]'; Harg.: 'preiudice' (+ Harl.2); Harl.i: 'breach', and 'of rather than 'to' (+ FH, Pet., €278).

332. Harl.i: '. . . might deliver ourselves with the subsidies without ioyning.' (+ FH, Pet., 0278, and Tanner, though '. . . ours with ioyninge'). 333. Sic. Harg.: '8' (+ Harl.i, Harl.2, FH, Pet., Tanner, 0278). Harg. also omits 'Edward 6'. 334. Harg. adds 'to Sir George Peckam' (+ Harl.i, Harl.2, FH, Pet., 0278, Tanner). See LP, 17, 86 for Sir Edmund Packham (cofferer) and loans. 335. Harl.i: 'payed her' rather than 'and a lone' (+ FH, Pet., 0278). 336. Harg. omits this identification (+ Harl.i, Harl.2, FH, Pet., C278).

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them as was meet and thought they would moe thanke us for taking somewhat from them, then if wee should abandon them and leave them and all that they have to the spoile of the enemie, which wilbe yf with forces we provide not to withstand them. For iminent337 daungers hanging338 over us and are intended to us this sommer. The Spaniards allreadie have sent 70,000 pistolles of faire gould into England339 to corrupt the nobilitie and to the King of Scottes twentie thousand crownes, nowe latelie dispatced out of Fraunce into Scottland for the levying [of] 3000 men which the Scotish lordes have promised, and the King of Spaine will levye thirtye thowsand340 more and geve them all paye. Her Majestic is determined to send Sir Francis Drake to sea to encounter them ther with a great manie341 wherfore this our daunger is to be prevented, and those her Majestie's infmitt charges are to be suplied by us. Then Sir Walter Rauleigh spake of the subsidie, not onlie as he protested to please the Queene to whome hee was infmittlie bound above his desert, but for the / necessitie of that he sawe and knew; he verie well and exactlie discovered f-43 2 Marche 1592 the great strenght of the King of Spaine and to shew his mightines he tould he possessed all the rich portes342 of the world; as alsoe that his malice and ill purpose was evident to this realme, he declared how on everie side he had beleaguered us. In Denmarke, the king being yong, he had corrupted the chancellor343 and nobilitie there, so as it was like he would speed himselfe of shipping from thence. In the maritime townes of the Lowe Contries and in Norvaye he laid in great store of shipping. In France he hath the Parliament344 townes att his commaundement. In Brittaine he hath all the best havens. In Scottland he hath so corrupted the nobilitie that they had promised him forces there, as was said by Sir George Carye. 'In Ireland I speake upon in knowledge the people are so addicted to345 papistrie that they are readie to ioyne with anie forreine forces that could make them stronge to be by them selves and to resist others; ffor as I thinke there are not six gentlemen of that countrie of one346 religion. In this347 owne countrie there is all possible preparacion made and hee is coming with 60 gallies besides other shipping, which purpose (yf he goe forwarde in) and have good successe we must then have no shippes riding at ancre, but all wilbe little enoughe to withstand him. Att his comminge he fullie determineth the getting of Plimouth or at least to possesse some of our havens this summer within our land. And Plimouth is a place of most danger, for no ordinance can be caried thether to remove him: the passages will not geve leave. And the waie to defeate him were this — to send a royall armie and supplant him in Brittaine and possesse ourselves there. Alsoe to send a strong navie to sea, and to lye with it uppon the cape and at Lambeche, to which places cometh all his shippes with riches from all places, and then they may sett uppon all that commeth.' 'This we are able to doe royallie and undoubtedlye without ffortune348 if 2 March 1592 wee will undertake it,' etc. On Saturdaie the third daie of March after prayers in the morninge Sir 3 Marche 1592 Henrie Knevet offered to speake to a matter which be349 a question the daie before was decyded. The order of the House was pronunced that a question having receved an T or 'N[o]' was not afterward to be spoken in.350


Sir Roberte Cecill as committee delivered what was agreed uppon by the committees the daie before, which was that they thought it fitt and were verie willinge to have conference with the lords of the Higher House acording as they hade desyred; and this answer in substaunce to be delivered unto their Lordships. To this divers spake, some according as had bin spoken the daie before: that it was fitt an aunswer wer made / unto the Lords because they did expect it; others that it stoode not with the priviledge of the House to adrnitt a conference. Then Mr Beale shewed a president in the time of Henry 4 about the 9 of his raigne; that the twoe Howses being devided about the subsidie, the Higher House desiring a greater subsedie then was graunted by the Lower House heruppon sent for xij of the Lower Howse, to whom they declared that a greater subsedie then they had graunted was needfull and was desiered. The xij cam downe and enformed what was desired by the Higher Howse, namelie a greater subsidie,351 and to that end conference to be had with them of the Lower House. The Commons thought themselves greeved heer with and soe returned their aunswere — that they would consider what was meet to be done in so great a matter, but thought the conference [a] derogation of the liberties of this House. Hereunto the King aunswered he would not, neither was it fitt to, violate the priviledge of his Commons, but in all thinges thought it iust352 to preserve them. The Speaker was much satisfied by this president, but the Privie Counsellors of the Lower House and the courtiers were verie earnest to have conferred, wheruppon the House beinge devided Mr Speaker made it a question thus whether they thought it fitt to have conference with [the] Lords or no. As manie as would have it to saie T, the other to say 'No'. The T or the 'No' could not be discerned whether was greater uppon the first asking, and the question beinge put the second time353 the greater voice could not be discerned. Then to decyde the matter all that said T went out, and they that said 'No' sat still in the Howse. The number going oute was 124; they that satt still 337. Harl.i: 'eminent' (+ Harl.2, FH, Pet., C278). 338. Sic (+ Harg.); Tanner: 'hange' (+ Harl.i, FH, Pet., 0278). 339. Harl.i: 'Scotland' ( + Harl.2, FH, Pet., Tanner, 0278). 340. FH: '3000' (+ Pet., €278). 341. Harg.: 'navy' (+ Stowe, Harl.i, Harl.2, FH, Pet., Tanner, €278). 342. Harg. 'partes' (+ Tanner); Harl.i omits 'rich portes of the' (+ FH, Pet., €278). 343. Harl.i: 'CouncelT (+ FH, Pet., C278). 344. FH omits. Pet.: 'port' (+ 0278). 345. Harl.i: '. . . nobilitye that he had

346. 347. 348.

349. 350. 351. 352. 353.

promised them forces to' (+ FH, Pet. C278). Sic (+ Harg., Tanner). Sic. Harg.: 'his' (+ Harl.i, FH, Pet., Tanner, 0278). Sic (+ Stowe, Harg., Harl.i, Harl.2, Tanner, FH, Pet., 0278, Line.). D'Ewes, p.484: '. . . with fortunate success'. Sic. Harg.: 'by'. Presumably the reference is to the Fitzherbert case. See above, pp.92-3. Stowe: 'good'. Harg. adds 'and yet' (Stowe, Harl.i, Harl.2, FH follow).

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were 310. The whole number of the House is [434].354 So the 'No' did carie it. Then committees to the number of 30 were appointed to goe upp to the Lords and to saie that wee the commons of the Lower House humblie thanked their Lordshipes for imparting to us [uppon]355 our last meeting with them matters of great consideracion and needfull for the state, which wee would thinke uppon accordinglie as to such causes appertained. But where they desired a conference with us about an aide356 and subsidies to be yealded to the Queene we would doe therein amongst ourselves [our] best indeavours, because without breache of priviledge to our owne House wee could not have conference with their Lordships, and for the maintenance of this priviledge some presidentes have bin shewed us in the like case. / This aunswer Sir John Fortescue delivered to the Lords from the Lower Howse speaking for the committees. The Lords havinge receved it and considered of it apart after the deliverie of it, and then357 came againe and tould the committees358 that they thought verie well of it and tooke it in kinde parte that the House did soe well accepte of their last meaning and considered so throughly uppon the thinges delivered; and desired us to goe on our course with our best indeavours in these great causes. But where wee denied a conference with them about the subsidye, they thought that pointe of honnour a nycenes more then needed to be stood uppon. For they and wee make but one House, wherefore noe such scrupples ought to be observed that we should not conferre togeather. It was for aide for the realme wherein they had as great an interest and did beare as great a burthen as we, and therfore it weare fittest wee should and359 joyne. As for the president alleaged, they desire it maye be sent them. This being putt to the question whether the president should be sent, yt was clearely aunswered 'No'. After this theis bills following "were read. An act for naturalizing and making free of William Sidney, eldest sonne of Sir Robert Sidney, knight, governor of Vlushing and Dame Barbarye his wyfe,360 and of Peregrine Wingfield, sonne and heire of Sir John Wingfield, knight and Dame Susan, Countesse of Kent his wife.361 This bill362 allowed: all the House, pleased to further yt, caused yt to be read twice in one daye and presentlie to be ingrosed. Then was read an act for naturalizing of certaine Englishmen's children borne beyond the seas.363 Alsoe an act for Ognell against Trussell. The substance whereof was that Trussell haveinge sould the manner of Bynsly364 to Ognett365 for good consideracion, after wardes of purpose to defeate this purchase caused himselfe to be indicted of felonie don here in Kent before the sale made to Ognall, as366 was therof attainted; and with relation of the felonie defeated Ognelle's purchase. Therfore this attainder to be voide onelie as in respect of this purchase, and to that end to be as if Trussell had never been atttaynted; nor no lord to have bennefitt of any escheete or other forfiture by reason of this attainder. Her Majestic understandinge367 this was pleased to remitt her interest. Also an act for speedy punishment of pety [larcines, efc.]368 /

Journals:!. Anonymous journal, 19 February-10 April Also a bill sent from the Higher Howse engrossed entituled, 'An act for the better assurance and confirmation of the jointer of the Lady Marg[ar]ett the Countiss of Cumberlande'; which joynture [was] of lands in Westmerland and in the Low Countries; and the bill had this forme: 'Most humblie prayeth your most excellent Majestic with the Lords spiritual! and temporall and the Commons that by authoritye of the saem369 it may be enacted', etc. Mr Speaker, perceavinge some men to use private speeches together, said it was not the manner of the Howse that any should whisper or talke secrettly, for herfe] only publique speeches are to be used. This day also ther was perceived on John Legge, servaunt to the Earle of Nothumberland, in the Howse: the Speaker beinge enformed that he was none of the Howse, caused him to be called for to the barre, and he kneeled. Mr Speaker examined him wher he dwelt, and what he came for. He answered he came only to speak with Doctor Herbert, ignarrantly happninge into the Howse, and had no other purpose then to see if he were ther. But the partie was committed to the Seriants to keepe until the Howse should take farther order. The reason of this strictnes is because no man may be admitted to heare counsells of this Howse but they that be of the Howse: bycause free libertye of speech is heer to be used, and men ar to speak heer the thoughtes of ther hertes. On Sunday the ffowrth day of March the Howse did not sitt.370 On Monday the ffift day of March ymediatlie after prayers was read the third tyme: an act for naturalizing and making ffree of William Sidney, eldest sonne of Sir Roberte Sidney, knight, Governour of Vlishinge and Dame Barbara his wife, and of Peeregrine Wingfield, sonn and heire of Sir John Wingfield, knight and Dame Susey, Countesse of Kint, his wife.371 Then was read the second time the act to take awaye the benefitt of clargie from such as stoole372 354. From Harg. (+ Harl.i, FH, Pet., Tanner, C2y8); Harl.2: '334'. 355. From Harg. 356. Harl.i: '. . . desired a conference and our ayde' (+ FH, Pet., €278). 357. Harg. omits 'and then' (+ Tanner). 358. Harl.i omits 'speaking for . . . committees' (+ FH, Pet.); 0278 also omits, though has 'speaking for the committees'. 359. Harg. omits (+ Harl.i, Harl.2, Pet., Tanner, 0278); Stowe: 'all'. 360. Harg.: 'William Sydney, sonne of Sir Robert Sydney, and Dame Barbara his wyfe beinge borne att Vlishinge'. 361. Harg. adds 'borne att Bargayne upp Soane'; Harl.2 adds 'his son was borne at Burgoine' (Tanner follows). 362. Harg.: 'beinge' (+ FH, Pet., Tanner, €278).

363. Harg. (numbering these bills 1-5): '2. Another act to make free denisens, etc'; Harl.i omits this entry (+ FH, Pet., Tanner, 0278). 364. Tanner: 'Bringsly'. 365. Sic. Harg.: 'OgnelT (+ Stowe, Harl.i, FH, Pet., Tanner, 0278). 366. Harg.: 'and' (+ Stowe, Harl.i, FH, Pet., Tanner, C278). 367. Harl.i: hearing'. 368. From Harg. ( + Harl.i, FH, Pet., Tanner, 0278). 369. Sic. 370. Harg. omits this entry (+ Harl.i, Harl.2, FH, Pet., Tanner, 0278). 371. Harg.: 'i. After prayers, Sir Robert Sidney's bil was readd the third tyme and passed to be sent upp to the Higher House' (Harl.i, FH, Pet., Tanner, 0278 follow). 372. Sic.

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sheepe, oxen, calves, lambs, etc.373 Then was read a bill desiring a repeate374 of a branch of a stattute of 23 Elizabeth intituled 'An acte for the increasing of marriners and maintenaunce of navigation', which bill being read was committed to the burgesses of all the portes.375 Then Mr Beale stood up and desired to satisfie the Howse, by reason yt was conceived by the Lords the other daye376 that uppon his motion and by his president shewed the House was was377 led to denie a conference with the lords of the Higher House. He acknowledge[d] that he mistooke the question propounded,378 / ffor there being but a conference required by ther Lordships and noe confirminge of anie thing they had done, he thought it379 we might and it was fitt we should conferre, and to this end onelie he shewed the president. That in 9 Henry 4 the Commons haveing offred a subsidie which the Lords thought too little, they agreed unto a greater and would have had the Commons to confirme that with380 which they have done. This the Commons thought they could not doe without preiudize to their House, wherfore he acknowledgeth himselfe mistaken in the question and deseyred if anie were missledd by him to be satisfied, for that he would have bin of theire opinion yf he had conceived the matter right as it was ment. Then Sir Thomas Hennage propounded the question anewe and thought that, with the priviledge of the House and by presidentes to be shewed, there had beene conferences used with the Lords uppon the like motion. Then Sir John Wolley said he thought that the former denyall grewe uppon mistaking the question, and therfore uppon better consideracion would have the matter reversed and nowe to381 assent to that whiche wee denyed before, etc. Then Sir Henrie Knevett moved for the freedome of the Howse, that it might be concluded amongst us a matter aunswerable at the barre for anie man to reporte anie thing of men's speeches or matter done in this House. Then Sir Henrye Unton did speake in defence382 of the former proceedings of the Howse and shewed how it had proceeded. First, agreeing in committee to a double subsedye and fower frifteenes this being ofFred the Lords seemed to thinke it too little, considering the presidente383 necessitye, the slacke payment384 of subsedyes, and the lawe385 rating of subsidyes over that they were wont to be. Wherfore the Lords desiring a conference with the Lower Howse gave reason of great importaunce for a greater ayde, and gave us a tast what was needfull, as three subsedies at the least: and uppon theis great causes desired a conference the next daye. This being delivered to the Howse by one of the committees sent to the Lords, the Howse uppon consideracion thought it not to stand with theyre auncient priviledges to conferre with their Lordships in the matter of the subsedie because it was the libertie of the House to make offer of it themselves to her Majestic. And in regard it stood not with our privilege to conferre with them, herin advised uppon an aunswere made to the Lords wherin we gave them thankes that they vouchsafed to conferre with us, but shewed that with priviledge of our House we could not have conference with them in this makeng of subsidie. / Further he thought the Howse much inured,386 that they should be reported

Journals:!. Anonymous journal, 19 February-10 April 99

to be against the subsidie, and the partyes inured who did speake387 the last daie against the subsedie, their names being geven upp388 and were noted for that [to]389 the Queene. 'Nowe therfore', said he, 'my motion is that we might conferre with their Lordships uppon the subsedies, but not in anie sort to be conformed therin unto them.' And for that action past he desired that Mr Speaker may be sent unto the Queene and report the trueth and state of this whole matter and manner of our proceedinges. Then said Sir Roberte Cecill, 'I desire now to be somewhat long because I must mould390 an aunswer to three speeches: to the twoe honnorable [persons]391 that sitt above, the one declaringe the true state of the question, the other [what]392 was fitt wee should doe; but my aunswer shall tend onelie to theire other393 tales that followed. 'The first was a kind of satisfaction for a former mistaking but in the same satisfaction a newe mistaking is alsoe added, which was by waie of insinuation casting it into the Howse that the Queene should seeme to demaund three subsedies. Nowe the Queene never demaunded three nor yet one soe heere is a newe mistakinge added to his former satisfaction. 373. Harg.: '2. The bill of stealers of sheepe and oxen readd the second tyme' (+ Harl.i, FH, Pet., C2y8 follow); Tanner: 'The bill for stealing of sheep . . .'. The entries for this bill (and Sidney's above) in these other MSS are typical of the minor truncations of the Cotton text which appear more commonly from this point. 374. Harg.: 'repeall' (+ Harl.i, Harl.2, FH, Pet., Tanner, 0278). 375. Harg.: '3. A bill desyringe a repeall of a braunch of a statut of 23 Elizabeth intituled 'For the maintenance of navigacion'. This bill was committed to the burgesses of all the portes' (+ Pet., Tanner, 0278 follow, and FH, though 'Howse' rather than 'portes'); Harl.i etc. follow Harg., sometimes condensing further. See 23 Eliz., c.y (1580-1) in SR, iv.668-9. 376. i.e. 3 March (£43v). 377- Sic. 378. Harl.i: 'appoynted' (+ C278); FH: 'acknowledged'; Pet., omits 'of the Higher . . . ther lordships'. 379. Sic. Harg. omits (+ Harl.i, FH, Pet., Tanner, C278). 380. Sic. Harg. omits (+ Harl.i, FH, Pet., Tanner, 0278); Stowe: '. . . that with them which they have don . . .'.

381. Stowe: '. . . and not wee to'. 382. Harg.: 'Sir Henry Unton cum aliis (desunt alique) spake in defence'; Harl.i adds 'cum aliis after 'Unton' (+ Harl.2); C278: 'cum aliis desunt' (+ Tanner). FH has 'Umpton' (+ Pet., 0278). 383. Harg.: 'present' (+ Stowe, Harl.i, Harl.2, FH, Pet., Tanner, €278). 384. Harg.: '. . . the lack of payment' (+ Harl.i, Harl.2, FH, Pet., Tanner, 0278). 385. Sic. Harg.: 'lowe' (+ Stowe, FH, Pet., Tanner, C278). 386. Sic (and below); Harl.i: 'iniured' (and below, + Tanner, Pet., 0278); Harg.: (?) 'murmured': FH: 'wronged' and 'iniuried' below. 387. Harl.2: '. . . who sitting the'. 388. Harg.: 'who sittinge the last daye against the subsedye had theire names geven upp' (+ Harl.i; + Tanner, Pet. for 'who . . . subsedye'). 389. From Harg. (+ Harl.i, Pet.). 390. Tanner: 'include' (+ Harl.i, FH, Pet., C278). 391. From Tanner (+ Harl.i, Harl 2, FH, Pet., €278). 392. From Tanner (+ Harl.i, Harl.2, FH, Pet, C278). 393. Harg. omits; Tanner deletes.

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The Eighth Parliament: 19 February—10 April 1593 'To the seconde man's motion I say that I allowe that the counsells of this House be secrettlie kept and that nothing be reported in malam partem. But if his meaninge be that wee maye not imparte anye thing that is done here unto the Queene, but that all things must be kept secrett from her I am altogether against that. This onelie I hould394 which ought to be observed: that nothing ought to be reported unto her in malam partem. 'The third man's motion consisted uppon three pointes. The first was newes, the second a historic, and the last a motion. Newes was this, that men's names were geven upp to the Queene. Newes yt was indeed to me for I hard it not before.' The historic was a large reporte of the whole progresse of this matter, etc. His motion was that wee should conferre with theire lordships about subsedies, but not conclude of395 subsedie with them. His motion seemes contrarie to his meaninge, or ells is more then ever was meant, for it was never desired of us by the Lords that we should conferr with them about a subsidie. / Then spake Sir Walter Rawleighe and enformed Mr Speaker396 breiflie that he thought the devision of the Howse the last daye to growe uppon mistaking of the question, and some hath since reported me that, had the matter byn conceived397 that onelie a generall conference was desiered, most of them that satt would not have byn against yt. Wherefore he desiered Mr Speaker to put it to a question whether they should conferre with their lordships generallie or noe, without naming a subsidie. The motion was well liked and Mr Speaker,398 because it might be the better heard which Sir Walter Rauleighe spake, repeated it againe and said for that one question whiche hath receaved a newe399 before he would not againe make it a question, for by order he could not but propounded this for the question, whether they should have a generall conference with the Lords or no. And it was aunswered by all, T. Whereuppon the former committees went up to the Lords and signified this unto them. In the meane tyme the bill touching the assizing of bread and that noe bread should be made above ijd size and400 was the second time read and the[n] committed.401 Then the act for naturalizing of certaine Englishmen's children borne beyond the seas was alsoe the second time read and then alsoe committed.402 Then the committees send403 upp to the Lords retourned and by Sir Thomas Henage the Lords aunswered that they accepted of our offer and were glad that wee had discended into consideracion of so deepe causes as required conference, and that theye were verie willinge to meet us with the number of 22tie in the outward chamber of the Upper House at twoe of the clocke the next daie in the afternoone. On Tuesdaie morninge the sixt daie of March ymediatlie after praiers the act for the better assurance and confirmation of the joynture of the Ladie Margarett, Countess of Cumberland, was read the second tyme. This bill passed by vices404 without a committment, a question onelie being made whether it should be committed or no.405

Journals: i. Anonymous journal, 19 February—10 April

Then was read an act for the confirmacion of letters pattentes to the maior, shreifes, citizens, and communaltie of the courte of Lincolne.406 Then was read the second tyme the act prohibitinge straungers borne to sell forreine wares by waie of retaile, / except they had served 7 yeares with an Englishman in the same trade, etc.407 Then, was alsoe read the second tyme the act concerninge the assurance of certaine landes and tennementes to Reade Stafford, esquire and Mabell his wife, and to the heires of the said Read.408 Then Sir Thomas Henage did speake moveinge the House that, where the other daie he was desiered to signifie unto the Lords that wee were willing to conferre with their Lordships, nowe he desiered it might be considered what wee should conferre uppon, for either we must conforme ourselves to some what that they will saie, or ells wee must deliver them some what what we will saie; ffor we desiering theire conference and to come with nothinge to saie to them wilbe unfitt for us. Wherfore before wee went unto them to conferre he wished that wee might consult what thinges to conferre uppon, but yett to leave all resolucion untill it were brought to this Howse againe. Then said Mr Oliver St John, 'I thinking409 that Mr Vicechamberlaine did mistake the thing we agreed uppon, ffor we goe not to conferre with their lordships in anie thinge wee have to deliver unto them but to understand of things from them, the conference being differed410 from them and not from us.' Then Sir Walter Rawleigh aunswered Mr St Johns and said that he mistooke Mr Vicechamberlaine and the thing agreed unto by the Howse, for we agreed 394. Harl.i: 'shewed' (+ Pet., C2y8). 395. Harg.: 'a' (+ Stowe, Harl.i, Harl.2, FH, Pet., Tanner, €278). 396. FH omits 'Mr Speaker' (+ Pet., 0278). 397. Harl.i: 'resolved' (+ Harl.2, FH, Pet., Tanner, CayS). 398. FH omits 'Mr Speaker', continuing 'and becawse it might be well understood what Sir Walter Rawleigh said he repeated . . .' (Harl.i, Pet., Tanner, C278 follow). 399. Harg.: 'no' (+ Harl.i, Harl.2, FH, Pet., Tanner, C2y8). 400. Sic. 401. Harg.: 'In the meane tyme these bills were readd. The bill for assizinge of bread; committed.' (+ Harl.i, Tanner, FH, Pet., €278). 402. Harg.: 'The bill for marchantes' children, the mothers beinge aliens; also committed.' (Harl.i, FH, Pet., Tanner, follow Harg., as does 0278, though '. . . Mr Chants children').

403. Sic. Harg.: 'The committies came downe and by Sir . . . ' ( + Tanner, FH, Pet., C278). 404. Sic. Harg.: Voyces' (+ Stowe). 405. Harl.i omits this sentence (+ Harl.2, FH, Pet., Tanner, €278). 406. Harg.: '2. An act for the cittie of Lincolne, intituled a confirmacion of lettres patentes made by King Henry 8' (Harl.i, Harl.2, Tanner, FH, Pet., 0278 follow). 407. Harg. omits 'except. . . etc' (+ Harl.i, Harl.2, FH, Pet., Tanner, 0278). 408. Harg.: '4. Mr Read Stafforde's bill for cutting off of a perpetuitye, the second tyme readd.' (+ Harl.i, FH, Pet., Tanner, 0278). 409. Harg.: 'Mr Oliver St Johns spake thinkinge'. 410. Harl.i: 'offered' (+ Harl.2, Tanner, FH, Pet., C278); Harg.: 'deferred'.

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all to a generall conference, but in the particuler for the subsedie we refused; if we conferre generallie it must be of our daungers, and of the remedies yt411 must be by meanes; yf of meanes, it must be of money and aide: so our conference must neades be of subsedie or other aide, but to agree uppon this with anie resolucion either in the matter or substance is not our meaninge. Then Sir Roberte Cecill alsoe aunswered Mr St Johns that he mistaking Sir Thomas Henage did wrong him in saying the message is delivered either insufFicientlie or untrulie, and therfore would have the priviledge of the Howse that Mr Vicechamberlaine should be delivered by the committee whether he reported truelie; and if trewlie then Mr St Johns to aunswere it. Then the Howse cleared Sir Thomas Hennage, Mr Vicechamberlaine. / Then stood up Sir John Woollye and alsoe would have had Mr St Johns to aunswere yt. But Sir Thomas Henage said he would have noe other satisfaction then to be cleared by the Howse, and protested he thought not ill of the gentleman but allowed him for speaking as he thought. Then Sir Henrie Unton did speake of the former proceedinges agreed to the conference, and said he was glad that the last daie's 'No' and this daie's T were so well reconciled; with this motion, that we might not be deprived of thankes to agree unto a treble subsedye before we went to conferr. Then said Sir Fulke Grevill, 'Theare are twoe scruples in the House which I would gladlie satisfye. The one the priviledge of the Howse proved by presidencie,412 the other was the povertie of the people. For the presidentes they are but examples of thinges past. Now everie example is stronger then the thing, wherfore if our cause be otherwise, or necessitie greater, former doings is no rule unto us, and so presidentes as they are not to be reiected, so they ought not to be eternall. For the povertie of our countrie we have noe reason to thinke it poore. Our sumptuousnes in apparell, plate, and all thinges ells argueth our riches, and the dearthe of everie thing amongst us sheweth plentie of money. But yt is said our countries are poore, and we must respect them that sent us hither. So must we remember alsoe who sent for us hether. This case is hard, for there is necessitie against necessitie, danger against danger, and inward discontentment against inward413 forces. The poore are greeved be414 being overcharged: this must be helped by increasing of our owne burthen, for otherwise the weake feet will complaine of too heavie [a] boddie. It is to be feared if the feet knewe their strenght as we doe theire highnes415 they would not beare as they doe. But to aunswere them it sufFiceth the tyme required416 yt. And in a parliament417 yf he be violent, power will commaund where the authoritie doth not give leave.418 And to satisfie them, they cannot thinke we charge them, when we charge ourselves with them and above them; but if nothing will satisfie them our doinges are of authoritie to bind them. Yf the multitude of parliamentes heretofore be remembred, manie subsedies no we in one parliament cannot seeme burthensome. And as for lawes419 Parliament since the Queene is not bound by our actes, the more lawes we make the lesse libertye we leave ourselves. And nowe one woord for me420

Journals:!. Anonymous journal, 19 February-10 April selfe, yf / my speach hath offended, excuse me. I will not often treble yow herafter.' Then said Mr Speaker, 'I desire not to be thought arrogant, for the thing that I will speake shalbe but of dutie belonging to me421 place. Because I see manie speeches growe uppon mistaking, and one speech mistaken to cause another mistaking, et sic unda gignere undam and so a great deale of time lost in woordes, herafter I wilbe bould if anie man mistake the pointe of a bill, that he would422 tell him of it before his speech proceede. For soe was it that this question of conferring with the Lords grewe unto the double,423 even onelie by mistaking. For it is graunted by the Howse to have a general! conference. They that shall conferre had need by424 authorised and instructed what to conferre uppon. For he that hath but delegatam potestatem will thinke nothinge promissum that is not commissum, and this is certaine: non intellect! nulla est cutantio425 morbi. Therfore understand what is needfull to conferre uppon ells it is in vaine to conferre.' Then the questions uppon the returnes of the burgesses of Southwarke and for amending a returne in an indenture were referred unto Mr Speaker to enforme the Lord Keeper thereof. Then said Mr Speaker,426 'No returne can be amended in this Howse, for the writt and returne is in the Chancerie and there it must be amended. And in the Chancerie this is the rule: yf the surname or proper name of a partye be mistaken in the returne, the Lord Keeper will not amend it, for such tender consideracion is had of free election by the corporacions as noe informacion shalbe credyted against the returne. But the Lord Keeper will in such cases first make out a writt, writing the mistaking in the former retururne427, and then they by the same writt shall have authoritie to make a newe election.' On Wednesdaie morning being the seaventh daye of Marche ymediatlie after praiers was read an act to conforme428 the sale of certaine manners, lands, and tenements made by Sir Richard Knightly, knight, Valentine Knightly and 411. Harg.: 'that' (+ Harl.i, FH, CzyS). 412. Harg.: 'presidentes'; Harl.i: '. . . one the presidentes of the House, the other . . .' (+ FH, Pet., C2y8); Harl.2: '. . . one the priviledge of the House, the other . . .' (+ Tanner). 413. Harl.i: 'outward' (+ FH, C2y8). 414. Sic. 415. Hargave omits 'theire highnes'. 416. Harg.: 'requireth'. 417. Sic. Harg.: 'prince' (+ Harl.i, Harl.2, FH, Pet., Tanner, C278); FH also omits 'yf he be violent' (+ Pet., €278). This passage is obscure: cf D'Ewes, p.490. 418. FH: 'lawe' (+ Pet., C278). 419. Harg. adds 'in' (+ Harl.2); Harl.i: 'And for parliamentes' (+ FH, Pet., C278); Tanner: 'And for lawes we make the lesse libertie . . .'.

420. Sic. Harg: 'my'. 421. Sic. Harg: 'my'. 422. Sic. Tanner has 'to' rather than 'that he would' (+ Harl.2, FH, Pet., €278); Harl.i: '. . . mistake to tell him . . .'. 423. Harg.: 'doubte' (+ Stowe, Harl.i, Harl.2, Pet., Tanner, 0278). 424. Sic. Stowe: 'be' (+ Harl.i, FH, Pet., 0278); Harg.: 'to be' (+ Harl.2, Tanner). 425. Sic (+ PStowe); Harg.: 'curatio (+ Harl.i, Harl.2, Tanner, FH, Pet., C278). 426. Harl.i omits 'Then said Mr Speaker' (+ FH, Pet., €278). 427. Sic. 428. Sic.

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Edward Knightly, esquiers unto Charles Hales, esquire, Thomas Brickett and John Lamberd, gentleman and others.429 Also then was read a bill concerning the lawfull deprivacion of Bonner, sometyme Bishopp of London, etc. / £48 7 March 1592 Alsoe there was read an act for the bringing in of freshe water to the towne of Stonehowse430 in the county of Devon. Alsoe twoe bills were sent us downe from the Higher House by Sargeant Snagg and Sargeant Fleetwoode, the one431 a bill against counterfitting Councilors' or principall officers' hands. The other was an act to conforme432 the sale of the lands of William Raven, gentleman made unto Lisle Cave, Thomas Andrewes, and Edward Haselrigg, esquires towards the payment of a debt due to her Maiestie.433 Then Sir Robert Sidneye's bill having byn read three times as aforesaid was sent upp to the Lords haveing passed our Howse: the messengers were Sir Francis Knollys, Sir Francis Hastinges, Sir John Harington, Doctor Awberye, and Doctor Harbert.434 It was moved alsoe that the bill for the better assurance and confirmacion of the ioynture of the Ladye Margrett, Countess of Cumberland, might be read the third tyme and now sent up alsoe. Whereuppon the said bill was read now the third tyme. But some did take exce[p]tion at the sending of yt upp so suddenlie against the judicial! proceeding of the Howse, and therfore would have it committed; but it was concluded that after the third reeding it could not be committed, yet by the order of the Howse it was to be deferred a tyme after the third reading, and men to speake to yt another daie whether the bill were fitt to passe or no: and soe the bill was stayed untill Thursdaie. Then John Legg, whoe before had pressed in the House and was committed to the custodie of the Sargeants, this daie was called to the Barre when the oath of supremacie was geven him, and soe he was discharged.435 Then said Sir Thomas Hennage, 'That which I shall nowe reporte was conteyned in our conference yesterdaie with the Lords; and yow shall understand first what wee did, secondlie what we receaved, and lastlie what wee preferred. This was that which wee did. Wee humblie thanked their lordships that they pleased to conferr with us. Yf they desiered to enter into the speach of the great cause wee weare readie to heare them; but if they would have us discend436 into the consideracion of yt amongst ourselves, we desiered a little respiett and by Thursdaie we would bring them our resolute determinacion. / v. 'We receved knowledge of divers daungers not before heard of delivered unto us from theire lordships, and especiallie by one whoe was a noble, wise, grave Counsellor as annie was in Europe. Wee were tould that, besides the shippinge which [the] Spaniard prepared in everie quarter where he commaunded or had freinds, he had afresh437 sent into Scotland 30 thowsand crownes, and the Scottish king had lefte Edenbroughe and was come into the north and feared that, either wittinglie or willinglie, he should be taken by those lords that had combyned against him.


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'Our prefer was more to bring resolucion from the Howse, not such as should bind us or them, but to shewe a correspondence of our duties to the dangers wee stood in. 'This was our conference. Now this is my admonition: that that which we doe should be done quicklie, and the more hartilie we goe to worke that which we doe wilbe the more acceptable.' After this speach all that everie man spake tendeth to the subsedie, [every]438 one shewing his conceipt how muche and in what manner it should be yealded.439 Then stood up Sir Thomas440 Cecill and said that three subsedies might be sett downe to be paied in fower yeares, and to be charged uppon men of xh and uppwardes and to spaire them that were under. Then Sir Henrie Knevett affermed the povertie of our countrie against the reasons used the other daie. His principall reason of our povertie was bycause we brought in more fforren wares then we vented commodities; and soe by this our meanes was carried out441 of our countrie, alleaging it was like to a ponnd fedd with a spring, but yet it had a breach where out more passed then commeth in. Then he made this two motions, ffirst that the Queene should be helped by a survey taken of all men's lands and a view taken of all men's goods in England; and so muche to be yearlie levied as will serve the Queene to maintaine the warres, the proportion being sett ioo,oooh yearelie. His second motion: that if surveis were disliked, everie man uppon his woord and honnour442 to deliver what was the verie profittes of his landes and / woorth of his goods, and soe a proportion to be had accordinglie. f.49 Then Sir Francis Hastinges said that the preparations of the enemie's forces are both reddie and great,443 and therfore great aide must be yealded. 'And I 429. Harg.: 'i. An act for the purchases from Sir Richard Knightley, Valentine and Edward Knightley of five manors, etc.' (+ Harl.i, FH, Pet., C2y8, and Tanner follows). 430. Harg.: 'Stourhurst'; FH: (?)'Stenihurst'; Pet.: 'Stonehurst'; C2y8: 'Steenehurst'; Tanner: (?)'Stuehurst' See below, f.Sov where 'Stonehurst' is given. The act is for Stonehouse, listed in SR, iv.84i. 431. Harl. i omits 'in the . . . the one' at this point. It gives the same information about two bills after 'officers' handes' (though the counterfeiting bill has been replaced and Raven's bill is omitted) (+ FH, Pet., Tanner, 0278). 432. Sic. 433. Harg.: 'An act for assuringe of Raven's landes.'

434. i.e. William Aubrey and John Herbert, Masters of Requests (Commons). 435. See above, f.44v. 436. Harl.i 'enter' (+ FH, Pet., C2y8). 437. Harg.: 'a fresh charge' (+ Harl.2, Tanner); Harl.i: 'fresh charge' (+ FH, Pet., C278). 438. From Harg. 439. Harl.i omits this paragraph (+ Harl.2, FH, Pet., Tanner, €278). 440. FH identifies this speaker as Robert in a marginal note, the text reading 'Sir Cecill'. 441. Harg.: '. . . by this meanes our money was carryed out' (+ Harl.i, Harl.2, FH, Pet., Tanner, 0278). 442. Harl.i: 'power' (+ FH, Pet., C2y8). 443. Harg. adds 'without and intus they conspire' (+ Harl.i, Harl.2 and Tanner, though omitting 'without', 0278).

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The Eighth Parliament: ig February-io April 1593 could wish three subsedies to be levied in this manner. In the first, to stoare444 them of445 five po[u]nds land446 and five markes goodes. In the second, those of I2 U lands and eight pound goods. And in the third all to be charged as they have beene.' Then Sir Walter Rawleigh aunswered them that spake of the povertie of the land, which they argued by the multitude of beggers. Hee yealded theis reasons. That the broken companies in Normandye and of the Lowe Countries whoe returned maimed hether never went backe againe to the townes whence they came. For the number of clothiers, amongst the clothiers this is the reason. The rich and greater sort of clothiers take their loomes into their owne hands, spinne theire woolle themselves, and, except wee would woorke447 unto them better cheape then they would make themselves, they would sett none a woorke; and soe this ingrossinge of soe manie trades into their owne hands beggereth so manie as used [to live]448 by that trade. He thought it convenient449 to have men's livinges surveyed, ffor manie were no we esteemed richer then they were. And if their lands and welth were surveied they would be found beggers, and so the credit wich is nowe their welth would be nothing woorth. He reported of his knowledge that the west countrie since the parliament began,450 had taken from them the woorth of fower and fortie thowsand pounds. They of Newe Castell lye still, and durst bring noe coles451 for feare because Sir452 Burdeux Fleet was this yeare taken by the enemie. For the enemie approching us as he doth, and being nowe our neighbour as he is gotten to be, our trades will decaie everie daie, and so our povertie increase nowe more and more. And this is certaine: the longer we desiere453 aid the lesse able we shalbe to yeald aide; and in / the end the greater aid wilbe required of us, soe for fearing454 them nowe we shall charge them when they shalbe lesse able to beare it. For this is true, one hundred thowsand would have done the last yeare that which three will not doe nowe, and three will doe that this yeare which six will not doe hearafter. So in his conclusion agreed unto 3 subsedyes, and in them the 3 U men to be spared, and the somme which should come from them to be levied uppon those of xh and uppward, and the payment to be speedie. Then Sir Henrie Unton spake, but his speach was fair of and tended, as such said as could heare him, to the455 subsedies onelie agreeing that ther should be three graunted according to the ould paymentes onelie, and that a care should be had in the assessing of yt uppon them most that were best able. And his conclusion was that it might be soone agreed uppon, for so yt would be the more acceptable by cause tarde velle nolutis est.4S6 Sir Edward Stafford said he thought that subsedie was not so fitt a remedie for the dangers wee were in, but advised rather that there being ten thowsand parishes in England, there should be imposed uppon everie457 parish to helpe the weaker and the allowance for everie man yearelie to be xij'1.458 After this he moved to have the parliament preroged.

Journals:!. Anonymous journal, 19 February-io April Then said Doctor James that three subsedies might be graunted, and withall he would have an offer to be mad that if invasion should hapen wee would serve the Queen with our bodyes and att our own proper charge to bringe men into the feild and keep them for a month. Then Sir Francis Drak described the Kinge of Spayn's strength and his cruelty wherby he came, and therfor wished a francke ayd to be yealded to withstand him; and agreed also to three subsedies. Then Sargeant Harris also moved also moved459 for three subsedies, but the owld custome of payinge to be retayned; besiedes no iij1' men to be excused for then every man will labor his frinds to be sett under iijh. He also aleadged that it was not needfull to fmde men in the feild, for by the tenures which are three principall in England this is provided for. The first chevalrey, that is to doe service in the feild; the second soccag, that is to fmde us victum et vestitum by the plowghe; and the last / franksalmone whoe are to praie for us to God. Nowe everie tenant by whom feealtye is to be done by his tenure is to be x460 daies in the field with his lord. Then said Sir Robert Cecill, 'I am glad to see the willingnes of the Howse and redynesse to yeeld aide as having a feelinge of the necessitie requiringe yt. And my desire is that the sentence461 what462 hath had so manie parenthesis might nowe be brought to a period, and the beare's whelpe that had bin so manie times licked over might nowe be made some what. For that is allwaies the most honnorable conclusion which haveing receved manie contradictions is in the end concluded,' etc. And soe he desiered this matter of subsedie might be committed to some speciall committees in the after noone. Sir John Fortescue thought it liberall to graunte three subsedies, but withall did assure us of his proper knowlege that three subsidies would not defraye her Majestie's charges although all other customes and revenues wer added unto them. And further said that men of iij1'463 goods were the halfe of them that 444. Sic (+ Harg.). 445. Harg.: 'with'. 446. Tanner: '. . . In the first them to be charged of 5'' landes'; Harl.i follows Tanner, though 'with' rather than 'of (+ FH, Pet., C278). 447. FH: '. . . wulde the poore [blot] spinne' rather than 'except wee would woorke'. 448. From Harg. (+ Harl.2, Tanner); Stowe: '. . . as lived by that. . .' (FH follows); Harl.i: '. . . as usually lived by . . .' (+ Pet., C2y8). 449. Sic. Harg.: 'inconvenient' (+Harl.i, Harl.2, FH, Pet., Tanner, 0278). 450. Harg. adds 'have'. 451. FH omits 'and durst . . . coles' (+ Pet., Tanner, 0278).

452. Sic. Harg. deletes; Harl.2: 'their'. 453. FH: 'deferr' (+ Pet., C278). 454. Sic. Harg.: 'spairinge' rather than 'for fearing' (+ Harl.i, Harl.2, FH, Pet., Tanner, 0278). 455. Sic (+ Harg.). 456. Seneca, De Beneficiis, 2, 5, 4. 457. Harg. adds (by insertion) 'better' (+ Stowe, Harl.i, Harl.2). 458. Harl.i: 'i2 d ' (+ FH, Pet., C278). 459. Sic. 460. Harl.i: '40' (+ FH, Pet., Tanner, C278). 461. Harl.i: 'question'. 462. Sic.

463. Harl.i: 'that if rather than 'further . . . iij1'' (+ FH, Pet.); €278; 'that of; Tanner omits 'men of.

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yealded the subsedie, wherfore if that were substracted, the subsedie would be deminished and not encreased, and therfore motioned to have it articled by the Howse what should be delivered unto the Lords by the committees. Then Sir Thomas Heneage stood up and affirmed that he never sawe the Howse so willinglie to yeald all needfull aide as nowe it did, and he (as one whoe had served her Majestic long) knewe something her disposition, wherfore he advised that the wonted course should be followed. For he heard her Majestic speake it that she loved not such finenesse of devise and novell invencions, but liked rather to have the auncient usages offred. It is best therfore to have it payed as it hath bin hertofore, onlie greater discretion to be used in the charging of it. To charge the pece men464 more deeply he thought it not fitt, yet if they465 be greatefull unto her Majestic he thought it would be well accepted, and that the best able men would offer some what to her Majestie of their abilities. And as for the order of our proceedinges he thought it good that wee first agreed uppon 3 subsedyes and 6 fifteenes: this to be considered uppon by committee, and to morrowe to be propounded to the House, and then if it were allowed we might at our goinge to the Lords tell them what wee had agreed upon. Hereuppon a murmure was in the Howse whether we shold have a committee for the three subsedyes, or a generall / committee to conferre of all matters of remedie. The question being propounded, it was aunswered that yt should be by a generall committee. This after none the committees mett. The matter receaved great debate how the subsedies could possibly be livied in shorter tyme then here before it hath beene. The povertie and necessitie of the people, the hard collection of other subsedyes, and the double charge that this would be unto them, with manie other reasons were alleaged against the payment of the subsedie in soe short a tyme.466 On the other side yt was pressed vehementlie that the necessitie of the tyme was such as yt could nott tarie the accustomed paymentes, of other subsedyes her Majestie's purse and coffers were emptye. The daungers would be over467 before the usuall payment would come in, wherfore if the helpe were not tymelie yt would be of no service. The committees were so devided in opinions contrarie that all the after none untill seaven of the clocke at night was spent and nothing concluded. The question with468 some of the committees would have propounded was this: Whether the three subsedies should be payed in fower yeares or in three469 yeares. The most would not agree this to be the question but would have sixe yeares, so they dissolved their meetinge for that night and appointed the next morninge to meet againe [in] the Exchequer Chamber.470


On Thursdaie morninge being the eight daie of March the committees according to their appointment mett togeather in the Exchequer Chamber where the necessitie of the subsedyes being debated Mr Hele first argued the wealth of the countrie to be greater then ever yt was, affirming of his owne knowledge that from the Mounte to London the countries were richer by manie tenn472 thowsand pounds then hertofore. And theruppon urged that the necessitie being so great, and her Majestic haveing expended (as was saide by that grave and wise councellor473 of all Europe) since '88 above 1,034,000 pounds;474 and this onelie in Normandye, Brittaine, the Lowe Countries, and uppon her navie and artillerie, besides all the pentions to forreine princes, and her officers' fees, the charges of her garisons in Barwicke standing her yeerelie in 17 thowsand pounds - and all this besides the expences in her howse. Theis thinges / being considered he thought more then475 subsedyes was fitt to be yealded, and if476 subsedies onelie, then the richer men must be more deeplie charged, and the commission so penned as the commissioners for that purpose may have authoritie to force men [to] pay. Then Mr Francis Bacon assented to three subsedies but not to the payments under six yeares, and to this propounded three persons477 which he desiered might be aunswered: 1. Imposibilitie or difficultie 2. Danger and discontentment 3. A better manner of supply then subsedye. For impossibilitie the poore man's rent is such as they as they478 are not able to yeald yt, and the generall commonalty479 is not able to paie so much uppon the present. The gentlemen they must sell their plate and the farmers their 464. Sic. Tanner: 'pore man'; Harg.: 'poore men' (+ Harl.i, FH, Pet., €278, Line.). 465. Tanner: '. . . yet they to . . .' (+ Harl.i, FH, Pet., C2y8, Line.). 466. Harl.i: '. . . against the parliamente's desire of soe speedy payment' (+ FH, Pet., C278, Alnwick, Line.). 467. Harl.i: 'accrew' rather than 'be over' (+ FH, Pet., 0278, Alnwick, Line.). 468. Sic. 469. Harl.i continues 'others discented from it. Mr Hele . . .' (Harl.2, FH, Pet., Tanner, 0278, Alnwick, Line, follow). The information about the meeting's resumption on 8 March is thus omitted. D'Ewes (p.493) follows these MSS. 470. Harg. follows 'Chamber' with 'and some of theire speeches folioweth. Mr Heale . . .' 'Thursdaye the 8th of March 1592 amongst the committees' appears after Hele's speech. This date also appears in Tanner.

471. Sic. 472. Harl.i omits (+ Harl.2, FH, Pet., Tanner, 0278, Alnwick, Line.). 473. i.e. Cecil (f.4iv); and see f.48v for Heneage's description of him in this way. 474. Harg.: '. . . above tenn hundred and fowere and thirtie thowsand poundes' (Harl.i, FH, Pet., Tanner, 0278, Line, follow). 475. Harg. adds (by insertion) '3'. 476. Harg. adds (by insertion) '3'. 477. Harg.: 'reasons'; Harl.i: 'questions' (+ Harl.2, FH, Pet., Tanner, €278, Alnwick, Line.). 478. Sic. 479. MS abbreviates to 'com' here (as Stowe), but Harg. has this reading too; Harl.i: '. . . it, nor to pay soe much on the present' (+ Harl.2, FH, Pet., Tanner, C278, Alnwick, Line.).

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The Eighth Parliament: 19 February-10 April ^593 brasse pottes before this wilbe payed. And for us we are here to search the wounds of the realme and not to skynne480 them over, wherfore wee are not to perswade our selves of their wealth more then it is. The daunger is this. Wee breed discontentment in the people and in a cause of jopardie her Majestie's saftie must consist more in the love of her people then in their welth, and therfore not to geve them discontentment in paying theis subsedyes. Thus wee runne into perills; the first, in putting twoe paymentes into one we make it a dubell subsedie, for it maketh 4s in the pound a payment; the second is that this being graunted in this sort other princes herafter will looke for the like, so we shall putt an ill president uppon our selves and to our posteritie. And in histories yt is to be observed that of all nations the English are noted481 to be subiect, base, and taxeable. The manner of supplie may be levie or imposition when need shall most require, so when her Majestie's coffers and pursse shalbe emptie they may be embassed482 by this meanes. Then said Sir Thomas Heneage, 'My opinion shall not preiudice anie man's judgment, but this is my aunswere to the gentleman's twoe reasons that spake last, which was difHcultie and discontentment. For the first, it is strange to counte483 that impossible which hath not484 beene proved, or that difficultie485 which hath been used. For a486 discontentment, a people sound / in religion and faithfull487 to the state were never yet found to love her Majestic so little as to be discontented. 'The necessitye of the tyme is to be considered and shalbe enformed unto them; which is such as in my tyme theis 6o488 yeares nor at anie [tyme]489 the like was read or490 knowen, yea such danger as is not to be read that ever the like was intended to anie state. Therefore for this extraordinarie tyme some unaccustomed helpe must be had, and from theis subsedies take awaie but the benefitt of the tyme and then the paymentes will yealde noe helpe to our necessitie, ffor in twoe yeares our dangers wilbe over.' So desiered he therfore that in this case past examples might not lead us, but that the present danger should move us. Then Sir Thomas Cecill moved that the Cinque Fortes might be likewise brought into the taxe of the subsedies at this time, ffor that it hath beene the use of menn haveinge anie lands in the Cinque Fortes to take sanctuarie ther fore491 the assessinge of the subsedie and492 to remove themselves and keepe their howses there. Then spake Sir Walter Rauleigh and said, 'I can see no reason that the suspition of discontentment shold crosse the provision for present danger. The tyme no we is more dangerous then it was in anno '88, for then the Spaniards which came from Spaine were to passe dangerous seas [and] had no place of releife or retreate yf he failed. But now he hath in Brittaine great store of shipping there, a landing place in Scotland, and men and horses there as good as wee have anie. For the difficultie in getting in this subsedye I thinke it seeme more difficulte in the speaking, then it would be in the gathering.'


Now stood up twoe or three together to speake, each striving who might speake first. Then the Speaker propounded it as an order of the Howse in such a case for him to aske the partyes that would speake on which side they would speake, whether with him that did speake next before, or against him, and the partye who speakes against the last speaker is to be heard first; and so yt was ruled. / Then said another (ignotus), 'I could verie well agree to the subsedies if they might not be preiudiciall to the subiect in493 other services, for the subsedie is in the valuacion of everie man's lande and goodes by reccords called the Queene's bookes, and according to a man's valuacion in subsedye are they att all other charges as to the warres and in tyme of muster with horse and armour, and this charge maketh men unwillinge to be raised in the subsedye. But if theis subsedyes brought noe other charge with them but subsedye they would be yealded willinglie, but the taile and apendencye494 of yt beeing great and higher then the subsedye yt selfe is the reason that men are soe unwillinge to yeald it. Wherfore, if a greater taxx and assessment495 then hath bene hertofore be desiered, I would thinke it convenient a provision to be added in the statute that by the subsedye noe man should be charged (as to the defraye of other charges) above the rates they were wont to stand at.'496 Then Sir Francis Godolphyne wished the first payment to be att Midsommer, for after that tyme the receiver had the benefitt of the money; the next to be at Michaelmas, for by that tyme the menn would have it in the benefitt of their come497 and commodities: and soe in fower yeare and a quarter the whole subsedye would be payed with more ease. Then Mr Lewis spake and agreed to the subsedyes in matter and manner, and desiered that twoe thinges might be graunted wherby the subiectes should be enriched and made able to paye the subsedye the better. The first is libertie 480. Harl.2: 'stake'. 481. Harg.: 'care not'; Harl.i: 'are not' (+ Harl.2, Tanner, FH, Pet., C2y8, Alnwick, Line.). 482. Harg.: 'embursed'; Harl.i: 'filled' (+ Harl.2, Tanner, FH, Pet., C2y8, Alnwick, Line.); Harl.i also has 'forces' rather than 'coffers' (+ FH, Pet., C2y8, Alnwick, Line.). 483. Harl.i: 'committ'. 484. Harl.i omits (+ Harl.2, FH, Pet., Tanner, C2y8, Alnwick, Line.). 485. Sic. Harl.i: 'difficult' (+ Harl.2, Tanner, FH, Alnwick, Line.). 486. Sic (+ Harg.); Harl.i omits ( + Tanner, FH, Pet., C2y8, Line.). 48y. Harg. omits. 488. Harl.i: '. . . is such as not any time this 6' (+ FH, Pet., C2y8, Alnwick, Line.).

489. From Harg. 490. Harg. has 'never' rather than 'read or'; Harl.i: 'ever heard of (+ FH, Pet., Tanner, C2y8, Line.); Harl.2: 'heard of. 491. Sic. Harg.: 'before' (+ Harl.i, Harl.2, FH, Pet., Tanner, C2y8, Line.). 492. Harg. omits (+ FH, Pet., Tanner, C2y8, Line.); Harl.i: '. . . subsedies remove'. 493. Harg.: 'no'. 494. Stowe: 'pendencye'. 495. Stowe: 'assesse'. 496. Harl.i: '. . . should defray other charges be above the rate they were put to stand at' (FH, Pet., C2y8, Alnwick, Line, follow). 49y. Harl.i omits.

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8 March I59I 514

The Eighth Parliament: 19 February-10 April 1593 of transporting of corne, the other is our libertie to be restrained from bringing in our498 wynes in that499 aboundance. For the vent of our cloth amounteth not to the somme of our ventage,500 etfruge[m] patrem familias decet magis vendacem esse quam emacem.501 And for502 our purses thought it good the statutes made heretofore for reformacion503 [of] excess in apparell should be putt in execucion. Then said Mr Gorge,504 'I am greeved to see it, and I speake it with greife, how505 perillous our state is and how dangerous a case wee bee in. We are not sicke of one disease, but we labour of a pluresey of diseases. To meet therfore with our threefold diseases like good phisitians we ought to applie a three-fould remedie, a treble subsedye. And as the phisicke is lost which is not taken in tyme, soe we should seeke the minister or medicyne506 in good tyme; and our disease being pluresey it is meet / wee imitate the507 skillfull phisition, for though hee [see]508 that in pluresey ther is noe remedie but by letting blood, yet he will make choise of his time of letting blood when the signe is farthest from the hart. And I praie before the signe comes to the hart, and before we be under the danger, lett us lett the people blood509 and soe prevent the danger.' Then said Mr Hele, 'If we have care of our posteritie wee were best settle510 our posteritie, which will not be except we prevent the dangers imminent. For presidentes of subsedyes they are not to be feared, because before tyme greater have bin required then ever since were exacted. Therfore this is no rule that what we graunt no we will heareafter likewise511 be required. In 14 Edward 3 the ninth sheafe512 and the ninth part of everie thing els was required for a subsedye. In the vj yeare of King John everie one holding by a knighte's fee was bound to fmde a knight in the warre;513 and the present lawe maye enact it that this shalbe no president for subsedye hearafter, like as is in 14 Edward 3.' Then spake Sir Roberte Cecill and assented to all those that had spoken for the subsedye, but to them that had spoken the contrarie he said they did speake out of time. 'Yet I will speake to the particular partes, vizt. our povertie is not to be skinned but to be throughly healed; discontentment is to be feared; presidentes hearafter cannot be avoyded. 'For the first, if we be poore yet at this time it must be considered we are in great danger, and then of twoe misscheifs we must choose the lesser. And therfore I would have this question after soe much discussinge banished the House. 'The supposition of discontentment is without sence for it hath bin never hertofore, nor is it liklie that now it wilbe.515 'For presidentes they never have bin perpetuall but beganne and ended with the causes, and as the cause grewe soe grewe the president. 'In her Majestic's tyme yt is not to be feared that this president will ever doe us harme, for her Majestic will never accept anie thing but516 that is geven her unwillinglie of her subiectes. Nay in the Parliament 27 of her raigne shee refused a benevolence offred her because shee haveinge no need of yt would not charge the people.517 Thus518 beinge out of feare we have noe reason to


preiudice the best queene or king that ever came, for feare of a worse king then ever was. After her raigne I never had / so much as an idea in my head what would be our state then. Therfore to conclud the matter so long debated my desire is that the question might be made for the three subsedies payable in fower yeares as by the committees is sett downe.' Whereuppon the question was made, and at the first th[e]y all said T and therappon the committment was dissolved, and they returned to the Lower Howse there to declare theire proceedings to the whole Howse. In the meane time, whilest the committees were soe busied in the Exchecquer Chamber, on the same Thursdaie morning520 imediatelie after praiers theis bills were read. 498. Harg.: '. . . the better. That is that our libertie may be graunted which is transportinge of corne; another libertye to be restrayned, that is bringinge in of; Harl.i: '. . . the subsedie. That is that one libertye may be granted which is transportinge of corne; and an other restrained, that is bringing in of (FH, Pet., C2y8, Alnwick, Line, follow). Harl.2 (+ Tanner) follows Harl.i, except 'reteyned' rather than 'restrained'. 499. Harl.2: 'without' rather than 'in that'. 500. Sic. Harg.: 'vintage' (+ FH, Pet., Tanner, C278, Line.).

510. 511. 512.

501. Cf. Cato, De Re Rustica, 2.

502. Harg. adds 'to save' (Harl.2, Tanner follow); Harl.i adds 'to assure' (+ Pet., C2y8, Line.); FH adds 'the assurance of. 503. Harg. omits (+ Harl.i, Harl.2, FH, Pet., Tanner, C2y8, Line.). 504. Harg. alters to 'George'; Harl.i: 'George' (+ Harl.2, FH, Pet., C2y8, Tanner, Line.). See Commons sub Arthur Gorges. Cf. D'Ewes, p.494: 'Mr George Moore'. 505. Harl.i: 'our'. 506. Sic. Tanner: '. . . to minister the medicyne' (+ FH, Pet., C2y8, Alnwick, Line.). 507. Harg.: 'did so for a' rather than 'imitate the' (+ Harl.i, FH, Tanner, €278, Alnwick, Line.); Pet. follows, though 'see' rather than 'so'. 508. From Harg. 509. Harl.i: '. . . signe cometh to neere the hart let us lett the people blood'; Harl.2: '. . . signe come to the hart lett the people bloud (Alnwick follows);

513. 514. 515. 516. 517. 518. 519. 520.

FH: '. . . signe come to the hart lett us lett the people bloud' (+ Pet., Tanner, C278, Line.). Sic (+ Harg., FH, Pet., 0278, Tanner, Alnwick, Line.). Harl.i omits (+ Harl.2, FH, Pet., Tanner, 0278, Line.). Harl.i: 'stuffe sheweth' rather than 'sheafe'; Harl.2: 'of staffe sheafes' rather than 'sheafe' (+ Tanner); FH omits 'sheafe and the ninth part' (+ Alnwick); Pet. omits 'and the ninth parte'; C2y8: '. . . ninth of sta. sheweth and of every thing was required . . .'; Line.: '. . . 9th of staffe sheweth and of every thing was required . . .'. See SR, i.288-9 for H Ed. Ill, stat. i, c.2O (1340). See S. K. Mitchell, Taxation in Medieval England (ed. S. Painter, 1951), p. 189. Sic. Stowe: '1592'. Harl.i adds (new line) 'Amongest the committees', then continues as MS (new line) (+ Pet., C278, Line.). Harg. omits (+ Harl.2, FH, Pet., Tanner, C278, Line.). The reference seeMS to be to the parliament of 1586-7 (EP, ii.i83). Harg.: This' (+ FH, Pet., Tanner, €278, Line.). Sic. Stowe: '1592'. Harg. renders the passage 'Whereuppon . . . Thursdaie morning' thus: "The question was made in the Howse, and att the first they gave an "I"' (Harl.i, Harl.2, FH, Pet., Tanner, C278, Line, follow). Tanner gives Friday 9 March for the following proceedings (+ Harl.2). Cf. D'Ewes, p.495 (8 March).

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8 March I59I 534

9 March I59I 536

The Eighth Parliament: 19 February-10 April 1593 1. A bill that all out lawries which uppon proclamacion are not made by the shreiffe acording to the statute 3i 521 Elizabeth to be void, and the shreife to forfeitt xxh, etc. 2. A bill that whosoever dissobeye an arrest shalbe imprisoned and forfeitt xx1', etc.522 3. A bill for perfecting of assurances mad and to be made against the523 springing uses or524 perpetuytyes, etc. 4. A bill for the repeale of a branch of the statute made 4 et 5 Philippi et Mariae525 for making of cloth in markett townes.526 5. Alsoe an act to confirme the sale of certaine manners, lands, and tenementes made by Sir Richard Knightley, knight, Valentine Knightley and Edward Knightley, esquiers unto Charles Hales, esquire, Thomas Brickett and John Lamberd, gentlemen, and others was this daie read.527 [6.] Alsoe a bill to take awaie the benefitt of cleargie from such as shall steale awaie woemen as maides, widdowes, or wifes against their wills. [7.] Alsoe a bill conterfeiting councellors' and principall officers' handes was read the first time: the bill sent from the Lords on Wednesdaye f Martii. [8.] Alsoe the act to confirme the sale of the lands of William Raven, gentleman made unto Lisle Cave, Thomas Andrewes, and Edward Haslerigg, esquier towardes the payment of a debt dew unto her Majestic. This was the case. Raven haveing received 7500'' of the Queen's money, his lands for payment herof was sould to Mr Wende528 of Cambrige shire and Mr Ludgen.529 They have sould theis lands to the parties above named. And so the Queen's debt is satisfied. The parties whoe purchased the same,530 fearing some secrett conveyances before their purchase, desire to have it confirmed531 and made good against / Raven and all that can clame from him uppon anie secrett trust and confidence, saving notwithstandinge532 to all that clame anie estate uppon conveyance from533 bona fide for good consideracion. And all charges made before 26 Julii 31 Elizabeth to be good. On Wednesdaye 7 Martii this bill came from the Lords and was twice read this daie and committed. All theis bills being thus read, the committees whoe were this morninge assembled in the Exchequer Chamber came from thence into the Howse where Sir Thomas Henage reported that after great paines taken amongst themselves theye wer agreed as followeth. For the matter, yt was resolved gladlie and cherefullie to [offer]535 a treble subsedye and six fifteenes. For the manner, the first yeare to be payed, that is in Februarie next one entire subsedye all at one payment and twoe fifteenes. The second yeare the like payment in Februarie after. The third yeare to followe the accustomable order at the same daies, and the paymentes to be made in twoe yeare as heartofore. So this is the substance, the same subsedyes and fifteenes to be payed in fower yeares. On Fridaie the ninth daie of March in the morning after praiers stood up Sir John Hart, Alderman, one of the knightes for London and said:

Journals: i. Anonymous journal, ig February—10 April

'Because the other daie yt was reported and spoken by some of this Howse that in the Cittie of London there were not above eight537 passed538 at a ch in the subsedie, I shall enforme yow that since that time I have resorted to our subsedie booke and their I found theis assessmentes, which for the satisfieing of the Howse I thinke good to deliver. At a cu and uppwarde there are 148 persons. At cc1' and uppwarde there are 32 persons. h At ccc and uppwarde there are 17 persons. At cccc'1 and uppward there are 4 persons. At P39 and uppwarde there are 544 persons. What other good services we have done to her Majestic the state knoweth, and we have receved most gratious thankes from her Majestic. All that we are able is noe lesse then wee are bound to doe, yet the ould saying is trewe: virtus laudata crescit. So we desire our services may be thought of as they are.' / Then stood up Sir Robert Cecill and said, 'When I spake herin I did speake but uppon informacion, but nowe doe I give credit to this gentleman's reporte.'540 521. Harl.i: '13' (+ FH, Pet., €278, Line.)See SR, iv.Soo for 31 Eliz., 0.3 (1588-9). 522. Harl.i omits this entry. 523. Harg. omits (+ Harl.i, Harl.2, FH, Pet., Tanner, C2y8, Alnwick, Line.). 524. Harl.i: '. . . use and' (+ FH, Pet., C2y8, Line.). 525. Harl.2 omits 'et 5'; Harl.i (?) '45 Edward 3' rather than '4 ... Mariae; FH: '48° Edward 3' (+ Pet., C2y8, (?) Line.). See SR, iv.323-6 for 4 & 5 Philip and Mary, 0.5 (1557-8). 526. Harg. adds 'that in Devonshire it maye be lawfull to make wooles and woollen cloth' (Harl.i, Harl.2, Tanner, FH (a separate bill), Pet., and Line. (a separate line), 0278, Alnwick follow). 527. Harg.: '5. Knightley's bill the second tyme read and committed' (Harl.i, Harl.2, FH, Pet., Tanner, 0278, Alnwick, Line, follow). 528. Harl.i: 'Went' (+ 0278, Line.); Harl.2: 'Weme' (+ FH, Pet., Tanner, Alnwick). 529. Harl.2: 'Lugden' (+ Tanner, FH, Alnwick); Harg.: 'Sugden'. 530. Harg. omits 'whoe purchased the same' (+ Harl.i, Harl.2, Tanner, FH, Pet., 0278, Alnwick, Line.).

531. Harl.2: 'constituted'. 532. Harg. omits (+ Harl.i, Harl.2, FH, Pet., 0278, Line.). 533. Stowe omits; Harg.: 'made' and omits 'uppori anie . . . that clame' and the following 'uppon conveyance from'; Harl.i omits 'uppon conveyance from' (+ Harl.2. FH, Pet., C278, Line.); Tanner omits 'secrett trust. . . clame anie' and the following 'uppon conveyance from'. 534. Sic. Stowe: '1592'. Harg. omits 'On Wednesdaye 7 Marti? . . . comitted' (+ Harl.i, Harl.2, Tanner, FH, Pet., 0278, Alnwick, Line.). 535. From Harg. (+ Harl.i, Harl.2, Tanner, FH, Pet., C278, Alnwick, Line.). 536. Sic. Stowe: '1592' (+ Harg.). Harl.i omits the following day and date (+ Harl.2, FH, Pet., €278, Tanner, Alnwick, Line.). 537. Harg.: '2'; Harl.2: '[blank]'. 538. Sic. Harg.: 'sessed' (+ Harl.i, FH, Pet., Tanner, Line.); C278: 'seised'. 539. Stowe appears to read '8'1'. FH: '500''' (+ Pet., C278, Line.). 540. Harg. attributes this speech to Sir Edward Hoby (+ Harl.2, Tanner); Harl.i gives both names.

1J5

Friday 9

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9 March I59I544

v.

The Eighth Parliament: 19 February-io April 1593 Then was read the second time the bill desiring a repeale of the branch of a statut of 23 Elizabeth entituled 'An act for the encrease of mariners and maintenance of navigation.'541 Alsoe an act against cheppers542 and webbers of yarne. Allsoe an act for the cuttinge of perpetuities, etc.543 Alsoe the bill concerning the lawfull deprivacion of Banner,545 sometime Bishopp of London, was this daie read the second time and committed.546 Then Sir Robert Cecill related what the committees for the subsedye had delivered unto the Lords. 'First, we acknowledged to the Lords a prioritie as they were counsellors and peers of the kingdome, yet to ourselves we reserved our priviledge as being the boddie of the realme. Then I went forward and signified our resolucion, which I delivered to be this: three subsedies and six fifteenes with the tenthes payable in this manner. 'The first yeare, one subsedye at one entyre payment and twoe fifteenes and tenthes. 'The second yeare the like. 'The third subsedye to be paied in twoe yeares as heretofore by former actes it was wonte. 'Nowe we desiered theire Lordships' correspondencie with us in this our cause. 'Another promise547 alsoe wee added unto that, ffor we offered so farre to incorporate ourselves with theire Lordships that in tyme of danger and necessitie548 to offer and prostrate ourselves, our goods, and lands, and lives, before549 her Majestic. 'Now lett me tell yow what proceeded from their Lordships by550 one of them appointed to speake for the rest. (This House admitteth noe partiallitie, and therfore not to take knowledge of father or brother).551 The lords there delivered unto us how glad there Lordships were to see the fervencie of zeale, and respective regard this Howse bare unto theires; and of our boddie and priviledge they would be as carefull and regardfull as wee should be. This they collected. That before we ended a cause of so great weight as we would omitt nothing needfull to be considered of, so we would leese nothing that might give / honnour to our deed. They said further that they would commend nothing unto us because they did perceive it needlesse, but commended much our care and zealous loves towardes her Majestic, acknowledging552 that this our officers553 came from us as feeling and understandinge of the dangers we are in and necessyties that are uppon us. None554 of them doubted but this course and this end would nowe crowne all our doinges. Like wise none doubted but her Majestic would accept gratiouslie of yt comming so freelye and in such good time. 'One thing more555 from us: we tould theire Lordshippes in some other thinges which we had not yet resolved on we meant to be sutors to theire Lordshippes. In which thinges we hoped their lordshippes would joyne with us and recommend the matters unto her Majestic.


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'This as neere as [I] remember was that which we delivered and receved from theire Lordships. 'Now this is my motion: that we ridd our handes of this great cause and then hast to dispatch of some other matters wherfore for this matter yf it please the House that the Queene's lerned counsell may attend some committees appointed for that purpose and the bill be556 them to be drawne.' The rule of the Howse was that committees in the after noone should agree uppon articles for the drawing of the bill and the forme of the preamble. Then Mr Tasborough offred a bill which he thought wold comfort557 the subiect against theis subsedyes which was in the behalfe of freeholderfs] called hither uppon juries. Then stood up Mr Stevenson and said, 'I protest I no more meant to speake in this matter then I did to bidd yow all to breakefast.' At this was there a generall laughing. Then he propounded theise good ground[s] in the question: the nature of mann, the benefitt of repose. But he followed neither of them.558 Then the bill for cuttinge559 of perpetu[i]tyes was red the second tyme.560 Then stood up Sargeant Harris and spake for the bill saying, 'I count theis kind of assurances a nurserie to treason ffor the partie offendinge will never forfett by meanes of this, though561 the la we / is made as well to punish menn

f.55

541. Harg.: 'i. The act for sea vesselles committed'; FH omits this entry ( + Pet., Tanner, C2y8, Alnwick, Line.). 542. Sic. Harg.: 'choppers'; Harl.i: '. . . weavers and choppers' (+ Harl.2, FH, Pet., €278, Alnwick, Line.); Tanner omits this entry. 543. Harg.: '3. An act for confirmacion of assurances made and hereafter to be made against perpetuityes, etc' (Harl.i, Harl.2, FH, Pet., C2y8, Tanner, Line, follow). 544. Sic. 545- Sic. 546. Harg.: '4. Bonner's deprivacion the second tyme redd and committed' (Harl.i, Harl.2, FH, Pet., €278, Tanner, Alnwick, Line, follow). 547. Harl.i: 'provisoe' (+ FH, Pet., 0278, Alnwick, Line.). 548. Harl.i adds 'as' (+ Harl.2, FH, Pet., Tanner, 0278, Alnwick, Line.). 549. Harl.2: '. . . goodes and lives for' (+ Tanner); FH omits 'and lands' (+ Pet., €278, Line.).

550. Harg. omits (+ Harl.i, Harl.2, FH, Pet., 0278, Tanner, Line.). 551. FH omits '(This. . . brother)' (+ Pet., Tanner, 0278, Line, and Harl.i, Harl.2, Alnwick follow). 552. Harl.i: '. . . towardes them acknowledginge' (+ Harl.2, Tanner, Pet., 0278, Line.); FH: '. . . towardes them alledging' (+ Alnwick). 553. Sic. Harg.: 'offers' (+ Harl.2, Tanner); Harl.i: 'offices' (+ FH, Pet., 0278, Alnwick, Line.). 554. Harl.2: 'Nyne'. 555. Harg.: 'nowe' (+ Harl.i, Harl.2, FH, Pet., C2y8, Tanner, Line.). 556. Sic. Stowe: 'by'. 557. FH: '. . . which he comforted' (+ Pet., C278, Line.). 558. Tanner omits this line. 559. Harl.i: 'committinge' (+ FH, Pet., €278, Alnwick, Line.). 560. Harg. omits 'the second tyme' (+ Harl.i, Harl.2, Tanner, FH, Pet., 0278, Alnwick, Line.). 561. Harl.i: 'and' (+ Harl.2, Tanner, FH, Pet., €278, Line.).

118


in losse of theire landes as of theire lives, because562 that^i/w5 ante diem patrios563 inquirit in annos.'SM It was against the nature and gravitie of our lande to skipp by waie of transubstantiation, as these uses make it. Theis uses cause men's actions to abate, for a man haveing right to the land of the565 partie in possession covenanteth that if an action be brought against him that then it shalbe to another man's use. Then Sir Edward Dymocke spake for perpetuityes and said the bill was dangerous to gentilitie566 and generallye for the overthrowe of their howses,567 and that it had noe other respect but to benefitt the purchaser568 in [the kinde of assurance];569 and noe reason to provide for a wrong that is not.570 If the assurance be made uppon fraude then is there a lawe alreadie to avoid it. Alsoe, in 27 of Elizabeth it was desiered that entayled landes might be lyable571 to the payment of debtes, which was intended onelie to the overthrowe of intayles, and soe this bill to the overthrowe of572 gentilitye. Then said Sargeant Hammond573 that there was a mischeife to purchassers by this assurance because574 in finding of offices575 their perpetuityes are never found but onelie an576 intayle. Then spake Mr North against the bill. His reasons were uppon the lawes of most577 in Leviticus and Numbers: the land to remaine in the trybe, and in jubile the land sould to be redeemed. So care of the famelie is to be had and the same to be provided for.578 Some cryed away with the bill, others cryed committ it. It went to the question, and upon the question the voyces for the committment of it prevayled. Sergeant Drue579 moved to have the Bayly of Sothwarke sworne. Mr Speaker reported againe my Lorde Keeper's resolution to the question, he being sent from the House to the Lorde Keeper about it and other questions upon retornes, ffor the retorne delivered580 the lawe [is] cleere. If there be a misnomer581 of the party this cannot be amended, but a new election must be had. But if any imperfection be in the retorne, or it insufficient, novum breve v. exeat. But for582 matters in fact upon / the retorne they are not examinable here except we will overthrowe our Parliament. For there are xj thinges requisite to a lawfull election, as the party must be resident in the place at the tyme, every party electing a knight [must] have xls freehold, the election [must] be by vij583 of the clock in the fornoone. Moe he did not name. And for all these faultes the sheriff is punishable584 and the party, but the election good,585 as appeareth by the statut of 8 Henry 6 cap. I,586 and II Henry 4.587 The Speaker found himself greived and thought his place abused that having bene with the Lord Keeper as he was sent by the House, and the Lorde Keeper resolved as before he had shewed his opinion, that now any private man should crosse this and stay the burgesse from being sworne. For now he sayd my Lorde Keeper had answered the party that he would respitt the matter further till he spake with the judges. This was supposed a delay procured only by a Counceler (the Lord Admirall) to hinder the man elected. For the truth was my Lorde Admirall had written for the place and they denyed him.588 The Speaker very


stoutly sayd he and the House were abused in it, and presently propounded it a question whether the burges should be sworne or no. The House sayd T and he was sworne presently and came into the House. Upon Saturday the xth of March after prayers the bill for the oxen and sheepe stealers taking clergie from such,589 was brought in by the comittees and appointed to be ingrossed. Acte for the ease of jurours in the courtes of Westminster. The demaundant or plaintif to pay unto the jurors that appeare heare such costes as the judges in what courte the pie is hanginge shall appointe, and so for every / day the tryall is adiorned and not by writt during their being here. Uppon a speciall verdict the plaintiff and defendant to geve indifferently to the jury. If anie person refuse to pay the costes appointed, the justices to have power to committ him if present, graunt proces if absent.590 This act to indure till the end of the next parliament. It was twise read in one day. Acte for ease of the charges in suites commenced in the Starre Chamber. No bill of costes to be sett downe but in presence of the atturneys on both sydes. 562. Harg.: 'causeth'; Harl.r. 'and it causeth' (Harl.2, FH, Pet., C2y8, Tanner, Line.); Harl.i omits [films (+ FH, Pet., C278, Line.). 563. Tanner: 'patris'. 564. Ovid, Metamorphoses, i, 148. 565. Stowe omits 'land of the'. 566. Harl.i: 'gentrie' (+ FH, Pet., €278, Tanner, Alnwick, Line.); Harl.2: 'gentrie and gentillitie for the . . .'. 567. Harl.i: '. . . the howse' (+ FH, Pet., C278, Alnwick, Line.). 568. Harl.i omits the rest of this paragraph (+ Harl.2, FH, Pet., Tanner, C278, Alnwick, Line.). 569. From Harg. 570. Harg. omits, and continues the sentence with 'if it' rather than 'If the assurance'. 571. Harl.i omits (+ Harl.2, Tanner, FH, Pet., C278, Alnwick, Line.). 572. Harl.i omits 'intayles . . . of (+ Pet., 0278, Line.). 573. See Commons sub Hannam, Thomas. 574. Harl.i omits. 575. Harl.i: 'officers' (+ Pet., 0278). 576. Harl.i: 'in' (+ Pet, 278, Line.); FH: 'only in tayle'. 577. Sic. Harg.: 'Moses' (Harl.i, Harl.2, Tanner, FH, Pet., C278, Alnwick, Line, follow).

578. See Lev.25, esp. 10 and 11-34, 39~54; Num.36, 9. 579. FH: (?)'Dunn' (+ Pet., C278, Line.). See Commons sub Drew, Edward. 580. Harl.i omits; Harl.2: '. . . hee delivered' (+ FH, Pet., C278, Tanner, Line.). 581. Harg.: 'mistakinge' (+ Harl.i, Harl.2, FH, Pet., C278, Tanner, Alnwick, Line.). 582. Harl.i: '. . . retourne briefe yssera [?]. But for' (+ Harl.2, FH, Pet., 0278, Line.; Tanner follows). 583. Sic. Harl.i: V. 584. Harl.i: '. . . is only punishable' (+ Harl.2, FH, Pet., Tanner, 0278). 585. Harl.i omits 'and the . . . good' (+ Harl.2, FH, Pet., Tanner, 0278). 586. Harl.i: '12' (+ FH); Pet.: 'n' (+ €278). The statute is 8 Hen. VI, c.7 (1429) in SR, ii.243-4. 587. ii Hen. IV, c.i (1409-10) in SR, ii.i62. 588. See Commons sub Southwark, Surrey for Charles Howard (Lord Howard of Effingham) and the member, Richard Hutton. 589. Harg. omits 'taking clergie from such' (+ Harl.i, Harl.2, FH, Pet., Tanner, €278). 590. Harg. omits 'The demaundant . . . absent' (+ Harl.i, Harl.2, FH, Pet., Tanner, 0278).

119

ioth of March

2.

f. S 6

3-

I2O

v.

4.

5. 6.

7.

8.

£57


No cause of hearing to be sett downe but upon the day graunted, a breif of the cause and the continuance thereof to be delivered to the Lord Keeper. No examination uppon inter[o]gatories but unto the same a councelor's hand to be had. The examiner's fee to be viijd the sheete, iijd for himself and iiijd his clarke. The principal! clarke to take no greater fees then Marsh was wonte to take. And to be examined hereof uppon his othe; and till he take this othe to doe all thinges in the office with out fees. If he take above the fees Marsh591 was wonte to take, to loose his office for the first offence by the space of one yeare. For the second offence to forfett his office. In every court day that is dies iuridicus to sitt in some open place that the suters may have free accesse unto him. If any matter be committed to him his fee of the defendant to be xs, of the plaintiff vs and noe more. An indifferent man appointed by the Lord Keeper to be examiner of depositions in courte. / The secundary clarkes which be the atturneys to have but iijs iiijd for a tearme if the defendantes sever not in their answers. The Lord Keeper to appointe the atturneyes. All thinges done in one tearme to be entered in the same tearme under the handes of the atturneyes on both sydes. Any officer takinge greater fee then is abovesayde to leese his office for a yeare, and the second offence to be a forfeture of his office. The penalty half to the Quene, half to the informer.592 Act against the overlength of broad clothes specially made in Worcester and Coventry. Not to be hereafter above ji 593 yardes the longest.594 The bill for Lincolne impropriations the second tyme read. Act for expedition of suters595 in reall actions. Noe adiornement of essoynes, delayes by vowchers, viewes and sommons. Noe essoyne above xv dayes inclusive. Noe sommons or view graunted after an action reall abated by death, defalte, pie or otherwise.596 Act for Cranbrooke in Kent, the clothinge there decayed by iron mills that spendeth all the woodes wherwith they should dy. Prayeth that no new iron mill or glasse house may be erected.597 Act for counterfeting Councelors' and principal! officers' handes, second tyme read.598 In the bill of subsidy a question made whether the strainger in the Cinque Fortes should be exempted or charged. / The House was devided, the parte599 for discharginge straingers was the greater. Mr Wrath600 made a motion that, in respect some contryes might complayne with the taxe of these many subsidies, and their knightes nor601 burgeses were never assentinge to it, nor were not602 present at the graunt of them, and


because as an instrument wantinge some stringes cannot geve his perfect603 sounde, therfore desired that we might be all humble and earnest suters to her Majestic that she would be pleased to sett at liberty those members of the House that were restrayned.604 To this was answered by all the Privy Councelors that her Majestic had committed them for causes best knowen to her self, and for us to presse her Majestic with this sute we should but hinder them whose good we seeke,605 and it is not to be doubted but her Majestic of her gratious disposition will shortly of her self yeeld that to them which we would aske for them, and will like the better to have it left to her self then sought by us. Hereuppon the motion cessed from further speach.606 Uppon Monday the xijth of March after prayers Mr Lewes, a committee in the bill for saltfish and herring, made reporte of it. The bill allowed by the committee,607 only one proviso more was added to the bill which was that the English men should bring in fish only in English bottomes. And the law to endure but to the end of the first session the next parliament. The proviso was twise read as the bill had bene. Raven's bill brought in agayne by the committees: Mr Lewkner made reporte of it. And to the last proviso thereof (which saveth all other men's actions, or titles, or rightes and secureth purchasers for any act done by Raven) it was thought by committees / that iudgementes and statutes uppon the land were not saved by the word 'actes' in the proviso; wherfore the worde judgementes' was added. And this worde with some other in that proviso being added, they were written in a paper annexed to the bill ingrossed, and so sent upp againe to the Lordes: ffor it was holden we could not amende any worde of the bill ingrossed. 591. Stowe omits. 592. Harg. omits all details of this bill after 'Chamber' in the opening line (+ Harl.i, Harl.2, FH, Pet., Tanner, C278). 593. Harg.: 'xiij' (+ Harl.2, FH, Pet., Tanner, C2y8). 35 Eliz., c.io specified 27 yards for Somerset clothes, while c.i i specified 15 or 16 yards for Devon kersies (SR, iv.Ssy-S, 858-60). 594. Stowe omits this entry. 595. Harg.: 'suites' (+ FH, Pet., Tanner, €278). 596. Harg. omits details of this bill (+ Harl.i, Harl.2, FH, Pet., Tanner, 0278). 597. Harl.i omits this bill (+ FH, Pet., Tanner, 0278). 598. Harl.i omits 'second tyme read' (+ Harl.2, FH, Pet., Tanner, €278). 599. Harg.: 'partye' (+ Harl.i, Harl.2).

600. Sic. Harl.i: 'Woorth' (+ FH, Pet., 0278). Commons assumes this is Robert, though John Wroth was also a member. 601. Stowe: 'nowe'. 602. Harg. crosses out; Harl.i omits (+ Harl.2, FH, Pet., Tanner, €278). 603. Harl.i: 'pleasant' (+ FH, Pet., C278). 604. See £25—v for Wentworth, Stephens, Bromley and Walsh, and fos.3ov-3i, 36-7 for Morice's speech and the Speaker's message from Elizabeth. Morice claimed (on 13 March) that some members had offered to press for his release (EP, ii.276). 605. Stowe: 'weeke'. 606. Harg. omits this sentence (+ Harl.i, Harl.2, FH, Pet., Tanner, 0278). 607. Harg. omits further details (+ Harl.i, Harl.2, FH, Pet., Tanner, €278).

121

March i2th i.

2.

V.

122 3.


The Countesse of Comberlande's bill for assuringe of her ioynture was moved, and being put to the question passed freely. For satisfying the House that Mr. Frances Clifford was contented, Sir Thomas Henage would have shewed his letter, and to Sir Thomas he had acknowledged as much. Mr Francis Bacon in this pointe shewed there was difference betwixt this Courte where we are all judges appointed of recorde and other inferiour courtes where there are judges appointed of record: for there they are not to credit report or information, but the party to be bound must be brought coram and be present. But in this Court representatively all men are present,608 wherfore this scruple needes not that the party to be bound should be here scene, for all men are here present representatively. So this bill passed currant.609 4. The bill of recusantes being altred in every or most partes thereof was brought in new drawen: and because it was so much altered it was receaved as a new bill and read this day the first tyme as a new bill. 5. A bill from the lordes of the Higher House was sent downe by Sergeant Fleetwood accompanyed with Mr Pole.610 The bill was intituled 'An act for restrayninge Popishe recusantes to some certaine place of aboad.' £.58 6. Act for reformation of errors [in]611 fynes or / recoveries. The bill intituled, 'For the certification of fines and recoveries'. Where by the statut of 23 Elizabeth612 all fynes and recoveries are to be inrolled, this act requireth the due performance of that statut. And further, that the exemplifications of fines and recoveries subscribed by one of the puisne judges of the courte where they are acknowledged, to be as good and of as much force as the inrollment it self. The reason of this lawe is that every person maye have the keepinge of his owne evidence, and so the imbeselinge of the record cannot preiudise him.613 The bill was well allowed and therfore twise read this day, and committed uppon Wedensday. Sir Robert Cecill made a motion that before the end of the parliament prevented us, we might have consideration for the releefe of these three sortes of people: maymed soldiers; poore beggers old sick and impotent; and the stoute and vagabond roages.614 He delivered no bill for this purpose, but it was appointed a committee to be named for the contynuance of some former statutes that were to be expired, if they were not now continued; amongst which were some such statutes as these, ffor provisions for poore and the orderinge of roages. At this comittee articles of provision for these people to be brought in by some men, and some good releife for these people to be added to the former statutes.615 March 14 Uppon Thursday the xiiijth of March,616 after prayers the bill of recusantes i. was read the second tyme. This read Mr Fortescu delivered in the draught of the preamble for the bill v. of / subsidy. It was read and some thinges in it dislyked, as this: the prostratinge our selves, our lyves, and landes at her Majestie's feete. Broughton. Secondly these wordes: 'perswaded no remedy how extraordinary so ever can be proportionable to the dangers that are imminent'. Henage.

Journals:!. Anonymous journal, 19 February-io April Thirdly this: her Majestie's store of treasure spent, landes of the Crowne solde to maintaine the warrs. Godolphine. Fourthly supportes in Fraunce and Flaunders tolerable in the respect of the leages and confederacy with them. Dr James: 'We have no leage with these contryes, but this our ayde is voluntary.' Sir John Wolley sayd we had a late leage and were confederate with the Kinge of Frannce.617 608. Stowe omits 'But. . . present'. 609. Harg.: '3. The countesse of Cumberlande's bill for assuringe of joincture was moved, and beinge put to the question passed freelye. Sir Thomas Heneage shewed Mr Francis Clifforde's consent unto this bill which he had acknowledged unto him both by speech and lettre. Mr Francis Cauner shewed howe this was sufficient without his personal presence because there was a difference betwixt the court where wee are all judges, and other inferior courtes where they are judges appointed uppon record, for there they are not to creditt reporte on informacion, but the partyes to be brought coram and be present, but in this court represent[at]ively all men are present, and no man absent.' Harl.i, Harl.2, FH, Pet., Tanner, C2y8 follow Harg., though Harl.i (4- FH, Pet., C2y8) only begins at 'Sir Thomas Henage', thus not noting that Cumberland's bill is now being considered. (Harl.i, FH, Pet., €278) omit 'and other . . . are judges'. Confusion over Bacon's (here rendered 'Cauner') participation abounds: Harl.i: 'Canener' (+ FH); Harl.2: 'Sauer'; Pet.: 'Cavener' (+ C278); Tanner: 'Cavner'. 610. Harg. omits 'accomanyed . . . Pole'. Harl.i omits 'by Sergeant. . . Pole' (+ Harl.2, FH, Pet., Tanner, C278). 6n. Deleted in MS; Harg.: '. . . reformacion of fynes and recoveryes' (+ Harl.i, Harl.2, FH, Pet., C278, Tanner). 612. See SR, iv.66i-3 for 23 Eliz., c.3 (1580-1). 613. Harg. omits details after the title (+ Harl.i, Harl.2, FH, Pet., Tanner, C278). 614. Harg.: 'and the stattute for vacabondes and rogues'; Tanner: 'the statute for

vacabonds and roagues to be executed' (FH, Pet. follow). Harl.i also has 'rogues to be executed' (+ C278, Harl.2). 615. Harg. omits 'amongst which . . . statutes' (+ Harl.i, Harl.2, FH, Pet., Tanner, C278). 616. Sic. see f-59v for resumption of correct dating. This is an example where other MSS disagree with Cotton's general chronology: while Harg. has 'Tuesdaye the 13* of Marche 1592' ( + Tanner), FH has 'Saturdaie 10° Marcij' (+ Harl.i, Pet., C278). 617. Harg.: '. . . tyme. Sir John Fortescue. Delivered that some thinges were disliked in the draught of the preamble for the bill of subsedye, as these: the prostratinge of our selves, our lives and landed att her Majestie's feete. Mr Broughton. That he was perswaded no remedy howe extraordinarie soever can be proporcionable to the daungers nowe imminent. Sir Thomas Henage. That her Majestie's store of treasure beinge spent, landes of the Crowne were sould and all to mayntaine the warres. Mr Godolphyne. Support ought to be in Fraunce and Flaunders in respect of the leagues and confederacie with them. Doctor James. We have no league with these countryes, and therefore our ayd is voluntarye. Sir John Wolley. That wee had a late league and were confederate with the kinge of Fraunce' (Harl.i, Harl.2, FH, Pet., C278, Tanner follow).

123

124

£59

v.

1.

2.

The Eighth Parliament: 19 February-10 April 1593 This preamble618 being in this and some partes ells dislyked was desired to be committed, but the Councell desiring to expedite the bill, Sir Thomas Henage sayd it was the use in such a case for amendment of a thinge a committee to be appointed, and they to goe upp into the Upper Chamber and there to amend it and bringe it back againe. The House was619 desirous to have had a longer committee for it, but beguyled with the question propounded by the Speaker this was done presently.620 And after it came downe was read agayne, corrected in some thinges, and then it passed. Mr Sandes621 spake to the bill of recusancy. The effect was that the bill might be as it went first, recusantes generally, and not restrayned to popish recusantes only. So under this bill he thought it iustice to include the Brownistes and Baroestes. Note622 this in his his623 speach. In the xij tables this was written: privilegia ne irrogunto. Priviledges in old tyme were understoode privatae leges, whether good or evell, / but now are restrayned only unto immunities.624 Mr Lewes aunswered his speach. Not to be to the purpose of this bill in625 include626 any other then only popish recusantes. Mr Speaker to satisfy the question shewed that627 the preamble of the bill conferred with the body of the bill, other recusantes then popish recusantes could not be comprised. For the title of the bill and the preamble of the bill ran only against such as were the enemyes opposed to our state, adherentes to the Pope. So an other bill to be framed for these persons, but could not be comprised in this bill. Mr Dalton would have recusant Brownestes comprised in this bill, as well as popish recusantes. To that end he would have the preamble altered, and where it was to reduce628 disloyall subiectes to their due obedience, he would have it disobedient subiectes, to their due obedience;629 and so630 goe to the act, 'Be it enacted', leaving out all the preamble. For he cited some good bills overthrowne as he sayd only for superfluous wordes in the preamble. Doctor Lewen made a longe speach to little purpose.631 His end was to have Brownest and Baroest632 as well provyded for as the papist: but whether both in this bill, or they in some other bill, he left it to the wisdome of the House. This bill was committed againe to the former633 committees. Mr Atturney Generall accompanyed with Doctor Forde came of a message from the Lordes, brought a bill, and desired a conference for the continuance of some lawes that were continued but till this Parliament and others that were made to continue but to the end of this Parliament, the nomber of both xxj.634 Thursday in the after noone at the usuall place / we agreed to meete their Lordshipps with a convenient nomber, they beinge xvj. We had a comittee for this purpose before, the same committees appointed for conference.635 Uppon Wedensday the xiiijth of March after prayers, Read Stafforde's bill was reported from the committees by Sir Edward Hobbey, additions and substractions made by the comittees agreed to be added to the bill. The act concerning Bonner's deprivation and assurance of Ridley's leases reported from the committees by Mr Lewkner.


Knightley's bill reported from the committees by Mr Harris.636 Mr Valentine Knightley was put out throughout the bill, and the maner of Byfeld put out of the bill. The scruples that cause the purchasers to seeke this assurance rise all out of the indenture made uppon the mariage of Valentine Knightley by Sir Richard Knightley, dated the xvij Elizabeth. An act of revocation of an assurance made by Mr Anthony Cooke.637 To the end he might assure and tye all his landes in that conveance to them of his house and blood, he levyed a fyne and declared uses of that fyne by indenture betwixt him and the Lord Treasorer of England, Sir William Walgrave, and Sir Thomas Mildmay; intendinge notwithstanding this assurance to leave power in himself to make leases for xxj yeares and to rayse sommes of money out of the land for his daughter's portions and for his owne rannsom if neede were, and to have a power of revocation in himself with the assent of the former named parties and one other who is dead. He that was to make this conveyance made it in this sorte: that Mr Cooke did covenant to stand seised / to the use of himself for lyfe being tenant in fee-simple, and after to the use of his eldest sonne in tayle, to his heirs males, and so to divers sonns. And after these limitations came in the provisoes to the purposes before recyted. Now the covenantes havinge setled the uses, these provisoes cominge after are merely voyd, because it was not by way of transmutation of possession: so as Mr Cooke hath not the power he intended to reserve. Also one of the partyes that should have consented to the revocation is dead, so it is become impossible to revoke. He prayeth that this assurance may be made utterly voyde, saving that all estates formerly made out of it to remayne good. Mr Cooke is entred into 20,000'' to the Lord Treasorer to lay the estates agayne as they were, and only the assurance to be made as it was first intended by him. 618. Harg.: 'bill'; Harl.i: 'thinke'; Harl.2: 'thinge' (+ FH, Pet., Tanner, CzyS). 619. Harg.: 'seemed' (+ Harl.i, Harl.2, FH, Pet., Tanner, C2y8). 620. Harg.: 'soddenlie' (+ Harl.i, Harl.2, FH, Pet., Tanner, C2y8). 621. Tanner: 'Sanders'; Commons sub Sandys, Miles. 622. Stowe: 'Not'. 623. Sic. 624. Harg. omits 'Note . . . immunities' (+ FH, Pet., Tanner, C2y8). 625. Sic. 626. Stowe: 'including'; Harg.: 'Mr Lewis aunswered the former speach and shewed that it was not fitt that the bill should include' (Harl.i, Harl.2, FH, Pet., Tanner, C2y8 follow). 62y. Harl.i omits 'to satisfy . . . that' (+ Harl.2, FH, Pet., Tanner, C278). 628. FH: 'redresse' (+ Pet., C2y8). 629. Harg. omits 'he would have

630. 631.

632. 633. 634. 635. 636.

637.

i t . . . obedience' (+ Harl.i, Harl.2); Pet.: '. . . disloyall subjects and to impose uppon them more due obedience' (+ FH, Tanner, C2y8). Harg. adds 'directlie to' (+ Harl.i, Harl.2, FH, Pet., Tanner, C2y8). Harg. omits 'to little purpose' (+ Harl.i, Harl.2, FH, Pet., Tanner, C278). Harl.i omits 'and Baroist' (+ Harl.2, FH, Pet., C2y8). Harl.2: 'fbwer' (+ Tanner). Harl.2: '12' (+ FH, Pet., C2y8). Harg. omits this sentence (+ Harl.i, Harl.2, FH, Pet., Tanner, €278). Harg. ends the entry here and has 'Knighte's' rather than 'Knightley's' (+ Harl.i, Harl.2, FH, Pet., Tanner, C278). Harg. ends the entry here (+ Harl.i, Harl.2, FH, Pet., Tanner, €278).

125 3-

4-

f.6o

126 5. 6.

7.

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The Eighth Parliament: 19 February—10 April 1593 The bill for saltfish and herring reported and amended638 by Mr Lewes. Act for exemplification of fines reported by Sergeant Yelverton: the subiect left at libertie to inrolle his fine by this act and not compellable as by 23 Elizabeth to enroll it. A proviso to pay but the same fees appointed 23 Elizabeth. Act for the length and waight of cloth read the second tyme and comitted.639 It was desired by this act to have the subiect at liberty to take his exemplification either out of the roll or out of the record at his choice. The charge of the recorde sayd to be lesse by half, therfore the choice to be at large. Huberd.640 Sergeant Harris. Fitter out of the roll then out of the record, because the clarkes committ many errors / which the judges in the roll do amende. These thinges noted uppon recordes by reason of the bill.641 If a record be raysed in a lyne or letter, or if a title be put out, none can amend it except the party that did it can be found, and the record is of no force. In a case betwixt the Earle of Oxford and one Tame, an T was scraped out of the record, and for this cause the record holden of no force.642 Against643 an exemplification except it be under the Great Seale of England a man may plead nul tiel record, for an exemplification under any scale of office as Exchequer, Kinge's Bench, or Common Plees, is but an evidence and no record. Quere the exemplification of a recovery if null tiel record may be pleaded.644 Against an exemplification under the Great Seale nul tiel record cannot be pleaded, ffor if an act of Parliament be exemplified under the Great Seale though there be no such act a man cannot say now but that there is, and this concludeth, and no man can say against it. But after all this speach the question being made whether the bill should be ingrossed or no, it was sayd no. So reiected. The bill sent from the Higher House for reducing recusantes to some certaine place of aboad was read.645 The effect followeth. Every popish recusant duly convicted being of sixteene yeares old, out of prison, within the land, and a denison shall repayre to the place of his most resiency, or where he was borne, or where his father or mother dwelleth within 40 dayes after this parliament ended; or if he retorne from beyond the sea or out of prison, then within 20 dayes after his retorne. All popish recusantes allredy convicted, or / that shall be convicted, having any place of aboad within 40 dayes after the end of this parliament to repayre to their place of most aboade and not to remove thence above fyve miles, uppon payne of forfeture of all their goodes and twoe partes646 of the profites of their landes. All popish recusantes convicted having no place of aboade within 40 dayes after this parliament to repaire to the place where they were borne, or where their father or mother dwelleth. If the popish recusant be a copie holder, to forfett twoe partes647 of his copiehold to the lord if he be not a recusant, if he be then to the Quene. The recusantes in the place of their aboad, or where they shall be, shall geve upp their names to the minister of that parish where they are, and he shall certify the same to the justices in their sessions. Every popish recusant not having 20 markes freehold to his owne use, or in the possession of others to his


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use, or 4O1 goodes offending against this act shall be abiured as in case of felony, his abiuration to be before the coroner or a justice of peace. Any suspect Jesuite or seminary refusing to answer being examyned shall be committed to prison till he answere. It is provided that if any popish recusant as aforesayd shall be licenced by warrant of twoe justices of the peace with the assent of the Lieutenant of the shyre or the bishopp of the diocesse, or be arested to appeare this processe not being uppon coven, or if he be otherwise commaunded to appeare, then it shall be lawfull for him to travaile above v miles from / the place of his resyency, v. and not ells or otherwise, uppon payre of forfetinge all his goodes. If any popish recusant before his conviction shall make such submission as is in the bill sett, then not to forfeit any thinge. Every partie's submission to be made in the parish first and there to be entred in the church booke, afterward to be made in open assises. After submission if any fall into a relaps then to forfett all, as from the first. Raven's bill, with additions in a paper annexed to the bill, ingrossed sent from the Lordes, passed and sent agayne to the Lordes. Act for taking clergy from sheepe and oxe stealers above xls valew, being putt to question for engrossinge was dashed to Mr Wrath's greif. Uppon Thursday the xvjth of March648 / an act for the due execution of pro- i. cesse and against the rescuinge of parties arested read the second tyme and committed, against many men's wills. Here a doubt was made whether he649 that speaketh against the body of a bill may be a committee in the bill: the Speaker thought it cleere he might, and had an order to she we made in the Upper House uppon the lyke doubte. These bills following were graunted by the House to be ingrossed: 1. Act concerning Boner's deprivation. 2. Act for assurance of Knighteley's land sold. 3. Act for reversing Read Stafforde's perpetuity. 4. Act for saltfish and herringe. 638. Harg. omits 'and amended'; Harl.i omits 'and amended by Mr Lewes' (+ Harl.2, FH, Pet., Tanner, C2y8). 639. Harg. omits this entry (+ Harl.i, Harl.2, FH, C2y8, Pet., Tanner). 640. Harg.: 'Mr Hubbert. Desired this act to have the subiect att libertye to take exemplificacion eyther out of the roull or out of the record att his choyce' (+ Harl.2, and FH, Pet., Tanner, C2y8 ('Herbert' rather than 'Huberd')); Harl.i omits 'It was . . . Huberd'. 641. Harg. omits this sentence (+ Harl.i, Harl.2, FH, Pet., Tanner, C2y8). It may therefore appear that Harris' contribution extends to '. . . against it'.

642. Harg omits 'In a case . . . force' (+ Harl.i, Harl.2, FH, Pet., Tanner, C278). 643. Harl.i: 'Without' (+ FH, Pet., €278). 644. Harg. omits this sentence (+ Harl.i, Harl.2, FH, Pet., Tanner, €278). 645. Harg. continues 'deesf and has no further entry for the day (Harl.i, Harl.2, FH, Pet., Tanner, 0278 have no more). 646. Sic. see 35 Eliz., c.2 in SR, iv.843—6, esp. 843-4. 647. See n.646. 648. Sic. recte 15 March (as Harl.2); Tanner omits the day's proceedings. 649. Harl.2: 'two'.

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5. Act for naturalisinge divers children borne / beyonde the seas; these two being added to the bill: Daniel Scalerd and Elizabeth Knoles. A question was made whether the bill of recusantes should have these wordes 'popish recusantes' and so to passe against them only: or be generally recusantes. After many wordes the voice of the House was to have popish recusantes only. The bill was committed Friday, twoe of the clocke to the comittees before. The Lordes' bill for recusantes was read the second tyme and committed to the former comittee for our bill of recusantes. The bill for plunkettes and such clothes of Somersett shyre and Coventry makinge was read the second tyme and committed. Act that no citizen of London, nor inhabitant in the suburbes of London, shall goe with wares to any fayre in any towne, corporate borough or markett towne 20 miles from London, except Sturbridge fayre. This bill being read the House cryed 'Away with it'. The question being made the bill was cast oute.650 Uppon Fryday the xvijth651 of March Mr Cooke's652 bill for reversall of his i. assurance read the second tyme. Mr NevelTs653 bill for assuring a ioynture to mistres Mary Sackvile,654 2. daughter to the Lorde Buckhurst.655 The question for the Barony of Burgavenye is left at large notwithstandinge this act betwixt the Lady Vane and Mr Nevell, but composition is had betwixt them for the land. Act for Devonshyre carcyes, none to be made but of xv1 waight and xvj 3yardes length. All clothes to be marked by serchers in incorporate townes. Act intituled 'For expedition of justice in pleas / reall to take away the many v- [4-] retornes and essoynes, and to make the lyke only that is in personall actions.' This bill was reiected the House. _656 Act for speedier punishinge of pety larcenies, the second reading, committed. In the tyme of the lawe when stealinge above xij[d] was made pety larceny, the value of xijd silver then was as much as iijs iiijd now.657 So much difference is in the ownce. Wherfore it was desired that the value of xijd then might be now pety larceny and not under. And though the justice now in commiseration of the party stealinge litle above xijd value as vs or thereabouts will counsell the jury to value it under xijd, yet the jurye cannot in conscience safely doe this knowinge it of more worthe. A mischeif noted in this lawe that the justice of peace hath no auctority safely to value a thinge that is neere pety larceny excepte he doe undervalue the thinge.658 The bill was committed. Ognell and Trussell's bill committed. 5The subsidy bill read the first tyme. 6. An act sent from the Lordes intituled 'Against outlawes and such as will not 7pay their debtes and duties.'659 Uppon Saturday the xviij*661 of March, the bill for saltfish and herringe i8 660 i. passed. Knightley's bill passed. 2. The bill for Lincoln impropriations ingrossed. 3A bill was delivered in, inhibitinge the transportinge of iron ordinance: but 4

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The Eighth Parliament: ig February—10 April ^593


presently Sir John Fortescu shewed to the Speaker a letter from the Quene forbidding any such bill to be read. Mr / Speaker acquaynted the party delivering in the bill herewithall.662 The bill from the Lordes against outlawes was read. The effect was, whosoever shall remayne one whole yeare outlawed, or departe his house or the realme of purpose to defraude the creditors, and shall not within sixe moneths after the end of the last session of this parliament satisfye his debts, his landes shall be subiect to the penaltye of a statut made in the 23 yeare of her Majestie's raigne: the statute is the statute of bancroutes.663 This statute is to loke backe to outlaryes past, and it doth auctorise any subsidy man to have power to arest any persone outlawed, but then he must presently bringe him to the sherif. It disableth any person outlawed to be a sherif, or to be a knight or burges of the Parliament House upon payne of forfetinge x1 or imprisonment. The act goeth not to outlaryes for performance of covenantes but only to due debtes. It alloweth noe penalty to be taken but only the due charges.664 The petition delivered by Mr Topliff665 the other day was now read. Mr Bassett the sherif of Darbyshyre and Mr ToplifF were called in to the House: they handled the matter of Fitzharbert's arest at the barr. Mr Bassett praying councell it was allowed him, Mr Frances Moore and Mr Temple. Mr Topliff would have delivered to the House the manner of Mr Fitzharberte's arest and how he was drawen within the bayliwick of Mr Bassett to come under his arest, what auncient cause of malice was betwixt Mr Fitzharbert and Bassett, what feare was to be had that Basset would / worke some ill end unto Fitzharbert, if he continued prisoner in his house as now he was, what tray tors and badd people resorted now of late to Bassette's house. But of these thinges the Speaker would not geve him hearinge, only called to have the obiections of contempt, alledged against Bassett, proved. The obiections were, that Bassett hearing the Parliament House had made out a writt for removinge of Fitzharbert, absented himself of purpose and sayed he would rather be fyned then remove him uppon the writt, had arested Fitzharbert after such tyme as he was elected, refused to make any returne of the writt sent him. To these he answered, denying that he absented himself because he would not serve the 650. Harg. omits the entry for this bill (+ Harl.i, Harl.2, FH, Pet., €278). 651. Sic. recte 16*. 652. Harg.: 'Crooke's' (+ Tanner). Commons sub Cooke, Anthony. 653. FH: 'Knowles'. 654. FH: 'Scatwell' (+ Pet., €278). 655. FH omits; Pet.: 'Buke' (+ €278). Harg. ends the entry at this point (+ FH, Pet., Tanner, €278). 656. Sic. 657. See 33 Hen. VIII, c.i2 (1541-2) in SR, iii.848. 658. Harg. omits 'In the . . . thinge' (+ Harl.i, Harl.2, FH, Pet., Tanner 0278).

659. Harg. omits 'and duties' (+ Harl.i, FH, Pet., Tanner, €278). 660. Sic. recte ijth. 661. Sic. 662. Harg. omits the entry for this bill (+ Harl.i, Harl.2, FH, Pet., Tanner, C278). 663. The statute is 13 Eliz., c.j (1571) in SR, iv.539-41. 664. Harg. omits 'The effect. . . charges' (+ Harl.i, Harl.2, FH, Pet., Tanner, 0278). 665. See Commons, sub Topcliffe, Richard.

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The Eighth Parliament: ig February-10 April 1593 writt, but hearinge such a writt should come repayred to London to have advise what he might safely doe for his discharge. Answered unto all these matters obiected by Mr Topliff, and shewed a testimonie under the seale of the borough of Newhaven upon Tyne666 whence Mr Fitzharbert was elected burges, that the election was after he was arested. For the arest was at seaven of the clock in the morninge and the election was not till tenn of the clock the same day. The order of the House was this: because we as iudges would doe nothinge uppon information nor creditt any thinge whereof ther was no record appearing, that the Speaker should attend my Lorde Keeper, that he should under a great payne geve a day to Bassett the sheriff / by which day he should make his retorne of the writt, and when the writt was retorned, then to have the matter newly heard heere. The Speaker made a great doubt if the corte of Chauncery at the suite of the House of Parliament having graunted a writt of corpus cum causa and that retorned there, whether the Lord Keeper can send the body hether, or whether it must be that comittees must goe from hence to examine the matter in the Chauncery.667 The two bills of recusantes reported by Mr Finch, and agreed the additions and substractions to be putt to the bills. Uppon Monday the xixth of March. Act for maintenance of Tinterne668 wyerworkes preferred by the company. No iron wyer nor cardes of wyer to be brought from beyond the seas, nor none but osmond iron to be used hereabout. The iron wyer to be sold no dearer then it hath bene for x yeares last past. A custome to be payed to the Quene as much as her Majestic used to receave for such foren comodities.669 The bill for the length of clothe reported by Sir Frances Hastinges, agreed the amendmentes to be added. The bill for assisinge of bread read de novo,670 the amendmentes were so many that it came in as a new bill. Boner's bill read and a proviso added that this act should not touch or make good any lease heretofore avoyded by verdict or iudgement, whereof noe attainte or writt of error was depending. The bill passed with this proviso added. / Articles for a bill thereuppon to be drawen for releeving of poore soldiers and maymed mariners, delivered by Sir Robert Cecil. Mr Francis Bacon made reporte of the conference had with the Lords for continuinge of former statutes. The nomber of statutes to be continued was 26, wherof the most of them having bene longe probationers and not mislyked it was thought good to have them continued, and some alterations to be geven to some of them. The statut of 21 Henry 8 for making of kabells, the liberty being geven only to one towne, it was thought by a noble man best acquainted with sea causes to have it free for all maritime townes to make them. The statut 5 Elizabeth for maintenance of tillage was thought an obscure and doubtfull statut, and not much needfull. The motion for all men to transport corne was mislyked. The statut 5 Elizabeth for soing hempe and fflaxe to be restrayned to


some contryes only that are fittest. The statut 5 Elizabeth for restrayning handy craftes men to bringe in any foren workes allowed. The statut 13 Elizabeth that no purveor for the Queen's Houshold to take within v myles of the universities to be repealed for such as they shall not sell to the universitie. The statut 14 Elizabeth, vagabondes to be only whipped and not gayled, and the old statut Henry 8 to be revived with some additions. The statut 18 Elizabeth for repressing of idlenesse: a branch therein for releevinge of bastardes thought rather to cherish the vice then of use, wherfore left, whether this should be continued or no. The statut of 21 Elizabeth for transporting of caske: it was thought we cary away much more caske then we bringe in; to be prohibited.671 Twoe private bills were found not to be in our register which were in theirs; it was therefore desired to have them added, the one for the towne of Linn, the other for Lincolne. The committee for these statutes continued. Read Stafforde's bill passed.672 / Uppon Tuisday the xxth of March. Act that all milles hereafter to be erected upon the river brought to Plimouthe to673 be plucked downe, excepte the partyes havinge milles allredy there be compounded with. Act that Thomas Paynton674 may inn and winn from the sea a marsh called Plumpton marsh tyme out of mynde drowned under water, the dreninge whereof would be very beneficiall to Plimouth haven. All former grauntes from the Quene saved. Act that the Gray Fryers in Cambridge, conteyninge by estimation three acres more or lesse with the walles thereof, may be converted to a colledge. That therefore Trinity Colledge in Cambridge, notwithstandinge the locall statutes of the house or any statutes of the realme, might have power to sell the same to the executors of the Lady Sussex her will and testament. The bill was twise read in one day and being currantly allowed it was graunted to be ingrossed the same day.675 666. Sic. Commons sub Fitzherbert, Thomas for Newcastle-under-Lyme. 667. Harg. omits 'Mr Bassett praying councell . . . Chauncery' (+ Harl.i, Harl.2, FH, Pet., Tanner, CzyS). 668. Harg. omits (+ Harl.i, Harl.2, FH, Pet., Tanner, €278); FH also has 'ironworkes' rather than 'wyerworkes'. 669. Harg. omits 'No iron . . . comodities' (+ Harl.i, Harl.2, FH, Pet., Tanner, C278). 670. Harg. omits 'read de novo (+ Harl.i, Harl.2, FH, Pet., Tanner, 0278). 671. The statutes are: 21 Hen. VIII, c.i2 (1529), 5 Eliz., cc.2, 5 (sect. 19), 7 (1562-3), 13 Eliz., c.2i (1571), 14 Eliz., c.5 (1572), 22 Hen. VIII, c.i2 (1530-

672.

673. 674.

675.

i), 18 Eliz., c.3 (1575-6) in SR, iii.29i—2, iv.4o6—10, 425—6, 428—9, 556-7, 590-8, iii.328-32, iv.610-13. The last reference is incorrect, but see 35 Eliz., c.ii in SR, iv.86o for the act passed this session for the preservation of caskwood. Harg. omits 'The nomber of. . . passed' (+ Harl.i, Harl.2, FH, Pet., Tanner, C278). Harg.: '. . . river of Plymoth, or Plumeth, should'. Harg.: 'Payton' (+ Harl.i, Harl.2, Pet., Tanner); FH: 'Poynton'; 0278: 'Poyton'. Harg. omits 'That therefore . . . day' (+ Harl.i, Harl.2, FH, Pet., Tanner, C278).

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The Eighth Parliament: 19 February-10 April 1593 Act for due execution of proces and disobeying arestes reported by Mr Cradock, with divers amendmentes added by the committees. Act for counterfeting of Councelors' handes and principal! officers reported by Sir John Wolley, thought by the committees a lawe needlesse, and in some sorte dangerous. Therefore the bill retorned as it was and lefte676 to the consideration of the House. Mr Nevell's bill for assuringe a ioynture to mistres Mary Sackvile read the second tyme and committed. The bill against the retayling of strangers reported by Sergeant Drue.677 The comittees mett at p:678 five were with the bill and foure against the bill. A proviso desired to be added that strangers may be taken to be prenteses contrary to an act made in the Citie by the Maior and Common Councell in the 18 Elizabeth.679 He desired the House that for better satisfaction to them because many rested doubtful! of the necessitie of this lawe, that the citizens of their partes and the strangers for them likewise might be admitted to have680 their councell at the barr, and lay open all that can be sayd of ether party for the better information of the House. Mr681 Francis Bacon thought it against the orders of the House that in a publique bill any advocates or councell should be allowed on either syde to use682 perswasive or contrary speaches, but in a private bill the courtesy of the House is to permitt councell. The Speaker sayd if in a private bill councell may be had, greater / reason in a publique cause. And so is the order of the House. Upon a question moved to the House it was agreed, the next day both parties should bring their councell to the barr. These bills were sent upp to the Lordes. 1. Raven's bill.683 2. Read Stafforde's bill. 3. Knightley's bill. 4. The bill of saltfish and herringe.684 The bill for Lincolne impropriations passed.685 The bill for the Starr Chamber read the second tyme.686 Mr Frances Bacon. 'Nether profit nor perill shall move me to speake against my conscience in this place. I am a party interessed in this office which the bill aymes at, and so may seeme to speake with feelinge; my self also thinking it not fitt that being here a judge, I should speake also as a partye.687 Yet I beseche you as the maner is in places iudiciall if the iudge be a party, though he sitt not, then as iudge yet he may descend and speake as a party at the barr in his owne cause. So I beseach you because I may perhapps yeeld reason to the satisfyinge of any that yet may stand for the bill, lett me be heard speake at the barre.' He offered to goe to the barr but the House in favour would needes have him speake in his place where he satt. He sett out first the cunninge of the bill which to affect my Lord Keeper withall688 seemed to geve him the bestowinge of the Clarke's place. To insinuate with practisinge lawiers [it]689 gave them a fee, for no inter[o]gatoryes should be ministred whereto their hand was not

Journals:!. Anonymous journal, 19 February-io April under. It offered also some kindenesse unto him for it gave a present forfeture of the office uppon sunder misfesances.690 To the subiect generally it pretended a great releif, so it caried a very plausible shewe. But indeed the bill was in it self preiudiciall to her Majestic, iniurious to the judges of that courte, and burdensome to the subiect: preiudiciall to her Majestic, for it made a diminution of her inheritance, for the Clarke's place hath alwayes bene in her Majestie's gifte, and this bill would cary it unto the Lorde Keeper who never before had it; an indignitie offered to the judges of that courte that their Clarke must be ordered by an acte of Parliament, as if their wisdomes and care were not [sufficient]691 to releeve any abuse they should fynde in their officer to the grievance of the subiect. Great iniury is hereby offered to the partyes interessed. For first692 an office incident unto the Clarke should be geven from him / he should not have the appointinge of his owne examiners. The auncient fee hath allwayes been xijd the sheete, and as much is in others693 courtes, therfore this not intolerable. And considering the place of his attendance, his fee is to be as great as in any other courte, for his service is in the highest courte, wherfore in reason his fee is to have some proportion with the place of his attendance. Now where releif and ease of charge in694 suites is pretended to the subiect, no such thinge will come by this bill, but rather a greater charge, for it geves a fee for iuditiall actes, as for makinge reportes, for which no fee is due. It appointes that a councelor's hand must be to all interrogatories, so there the clyent must pay a fee more then he used. Also whereas usually uppon commission the parties talking with their deponentes have cause presently to draw interrogatories they thought not uppon before, now they cannot minister any such interrogatories, nay to every commission sitting they must bringe their councell which will be an exceeding charge. Besydes the commissioners are bound under a payne not to accept interrogatories that are not signed under a 676. Harl.i: 'and it was left', rather than 'as it was and lefte' ( + Pet., C2y8; FH follows, though omitting 'bill'). 677. Harg.: '. . . by Sir Drewe Drewrye' (+ Harl.i, Harl.2, FH, Pet., €278, Tanner). 678. Sic. 679. Harg. omits 'The comittees . . . Elizabeth' (+ Harl.i, Harl.2, FH, Pet., Tanner, €278). 680. Harl.i: 'heare' (+ FH, Pet., 0278). 681. Harl.i: 'Sir' (+ FH, Pet., 0278). 682. Harl.i: 'the' (+ FH, Pet.); 0278 also, following with 'preservacion' rather than 'perswasive'. 683. Harg.: 'Bonner's Bill', altered from 'Bacone's bill', which Tanner gives (+ FH, Pet., €278). 684. Harl.i omits this entry. 685. Harl.i omits (+ Harl.2, FH, Tanner).

686. FH includes these last two bills amon£ those sent to the Lords (+ Pet., (?) Tanner, 0278). 687. Bacon held the reversion of the clerkship of the Star Chamber (Commons sub Bacon, Francis). 688. Harg.: '. . . bill and for that the Lord Keeper might be affected unto it, it' (+ Harl.i, Harl.2, FH, Pet., Tanner, C278). 689. From Harg. 690. Harg.: 'causes'; Harl.i: 'defaultes' (+ FH, Pet., €278); Harl.2 omits (+ Tanner). 691. From Harg. (+ Harl.i, Harl.2, FH, Pet., Tanner). 692. Harg. adds 'yf' (+ Harl.i, Harl.2). 693. Sic. 694. Harg.: 'and'.

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The Eighth Parliament: 19 February-10 April 1593 councelor's hand. So the commissioners must take notice at their perills who be the councelors admitted to practese and695 who not. These and some other reasons696 were obiected against the bill. Sir Thomas Henage, Mr Brograve and Sir Robert Cecil spake all against the bill. The bill as it was found few patrons now, but there were many that called earnestly for the recordinge697 of it. The Speaker hereuppon propounded a question, whether the bill should be / receaved or no. He made the question thus. 'As many as will have this bill reiected say "I". As many as will not have [the] bill reiected say "No".' The House was devided hereuppon, because the voice was so indifferent as it could not be decyded. The question then grew whether parte should goe out. But the Speaker sayd the order of the House was the T, being against the bill was to sitt, and the 'No' being for the bill was to goe out. The reason in these cases is, the innovators698 which will have a newe lawe must allwayes goe out and bringe it in. And they that are for the law in possession must keepe the House, for they sitt to continue that which is. The subtilty in propounding the question thus gayned the castinge away of the bill, for not half those went out who sayd 'No', and so the bill was cast out. And in my conceite699 the bill having bene once read before and now read the second tyme, the question to the House should have bene whether they would have it committed or no. If that had bene the question cleere the House would have had it committed.700 Uppon Wedensday the xxj of March Sir Francis Englefeelde's701 bill was read the first tyme. Vide the contentes thereof uppon the second readinge. The bill for Sussex Colledge to be erected uppon the Fryers in Cambridge passed this day. Act for repayring Colchester haven702 and paving the streetes there: towardes this every shipp, hoy, vessell, or crey discharged there or in any creeke thereof to pay ijd in the tonn. The towne is one of the auncientest boroughes of / England and payeth a great feefarme to the Queen. The bill for plunketts,703 asures, and blues to be ingrossed. The bill for execution of processe and arestes to be ingrossed.704 The councell for the City of London and the strangers' councell called in and heard at the barr about the question of retayling, as was appointed the day before. Mr Francis Moore de Medio Templo was for London. Mr Hill and Mr Proud de Lincoln's In for the stranger. Mr Moore moved to knowe705 whether they against the bill or he that was for the bill should speak first. And it was ordered that he who should have the new lawe to beginne. Mr Moore first sett forth the mischeif that grew to our nation and tradesmen by suffering the strangers to retayle. Secondly, he answered v obiections made for them at the comittee.706 The first mischeif was an opinion that the strangers' wares were better then our owne, which caused that our owne retaylers had no sale of their wares. The second,707 they sell cheaper though their wares be as good, and this by reason their factours beyond seas are their frendes and kinsfolkes, and so save that charge. The third,708 a thinge to be noted: wheresoever they are, our owne native retaylers are beggers. The


fourth,709 they receyve gentlemen and yeomen's sonns to be their prenteses, them self being retaylers: this is no trade for them afterward to lyve uppon. So many beggers made by consuming their tyme under them. The fiveth,710 their retayling beggering our owne retaylers makes a diminution of the Queen's / subsidy. The sixt711 their ritches and multitudes makes our state poorer and weaker, for they suck upp our wealth and cary it away into foren contryes. In the statut i Richard 3 cap. 9 there it appeareth the lyke complaint that this now is, was then made unto the kinge, as712 was there remedied as appeareth by the statut.713 The obiections made at the committee for strangers were these. First, against charitie that strangers flying hether for religion and releif should714 be restrayned from their means of lyving. Secondly, their retayling lessneth the prises of our wares and increaseth the nomber of buyers. Thirdly, it were a violatinge of the priviledge we gave them by their denization. Fourthly, a deminution of the Queen's subsidy, for it is double uppon the strangers. Fyvethly715 the priviledge of St. Martyn's hath allwayes bene allowed, therefore not now to be denyed. To these fyve obiections he answered in order. First, charity must be mixt with policie, for to geve of charity to our owne beggering were prodigality. And charity we716 use, for we will allowe them all trades that they have bene brought upp in, but retayling is a thinge they never used in their 695. Harg.: '. . . to the partyes who' ( + Harl.i, Harl.2, FH, Pet., Tanner, C2y8). 696. Harg. ends the sentence with 'reasons', adding 'etc' (+ Harl.i, Harl.2, FH, Pet., Tanner, C278). 697. Sic. Harg.: '. . . that it might be recorded'. 698. Harg.: 'inventors' (+ Harl.i, FH, Pet., Tanner, C2y8); Harl.2: 'inventories'. Harl.i (+ Harl.2, FH, Pet., Tanner, CzyS) has bill supporters going out and those opposing it staying in: still, the theory that novelty had been brought in remains. 699. Stowe omits. Harg.: 'as it was afterwards murmured amongest the most parte' rather than 'in my conceite'. 700. Harl.i omits 'The subtilty . . . committed' (+ Harl.2, FH, Pet., Tanner, C278). 701. 0278: 'English'. 702. Harg. omits the rest of this entry (+ Harl.i, Harl.2, FH, Pet., Tanner, 0278). 703. FH: 'blanketts'; Pet., 'blunketts' (+ Tanner, 0278). 704. Harl.i omits this entry (+ FH, Pet., 0278).

705. Harg.: 'It was moved' rather than 'Mr Moore moved to knowe'. 706. Harg. omits this sentence (+ Harl.i, Harl.2, FH, Pet., Tanner, €278). 707. Harl.omits 'The second' (+ Harl.2, FH, Pet., Tanner, 0278). 708. Harg. omits 'The third', running this sentence together with the one before. (+ Harl.i, Harl.2, FH, Pet., Tanner, €278). 709. Harg. omits 'The fourth', and has '3 They . . . ' ( + Harl.i, Harl.2 and FH, Pet., Tanner, 0278 (omitting '3')). 710. Harg. omits, and has '4 Theire . . .' (+ Harl.i, Harl.2, and FH, Pet., Tanner, 0278 (omitting '4')). 711. Harg. omits, and has '5 Theire . . .' (+ Harl.i, Harl.2, and FH, Pet., Tanner, €278 (omitting '5')). 712. Sic. Harg.: 'and' (+ Harl.i, Harl.2, FH, Pet., Tanner, 0278). 713. I Rich. Ill, 0.9 (1483-4) in SR, 11.489-93. 714. Harl.i adds 'not' (+ FH, 0278). 715. Harl.i omits 'Fourthly . . . Fyvethly' (+ Pet., €278), FH omitting 'we gave . . . Fyvethly'. 716. Harg.: 'no'.

135

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owne contryes, therfore no reason to allowe it them here. To the second, they buy of us and sell it as brought from beyond seas, and uppon this opinion sell our owne wares deerer then we can doe. To the third, the priviledge of denization is not to be allowed above the priviledge of birth, and our owne natives are not allowed both to merchandise / and retayle as they do. And it may appeare by former statutes that notwithstanding their denization they have bene barred. Vide717 the statut 32718 Henry 8. To the fourth, though strangers merchantes pay double subsidies, yet strangers retaylers doe not, but are taxed by the pole719 and that under value, because their goodes and wealth is secret. But debarr retayling and they will mo720 of them be merchantes, and so the subsidie shall be doubled. To the fiveth, St Martyn's was first allowed for a sanctuary and therfore had this priviledge, and not to be so ill a neighbour to the City as to robb the City of London as it doth. That by former statutes St Martyn's hath bene barred, it may appeare by the statut of 21 Henry 8 and 32 Henry 8,721 only the statut of 14 of Henry 8 exempteth it, but havinge two auctorities against one the more is to binde them.722 And thus he ended his speach. Mr Proud for the strangers made particular answers to Mr Moore in refutinge723 his answers to the fyve obiections. He offered if the liberty of native borne might be graunted unto strangers they would seeke no more. For if it might be free for them to trade in all partes of the realme they would aske no more, but now they are restrayned only to incorporate townes.724 Hill for strangers. Make it law they shall not retayle and the marchant hereafter will requyre a lawe that they may not use merchandise, and so the shoemaker, the tayler, and others that they may not use their trade, so deny them one and you shall take away all. The Speaker uppon this instant shewed a bill requyring they might be debarred such trades as / to be shoemakers and such lyke, but this bill was thought to be putt in by the strangers themselves of policie. Besydes725 these retaylers be not aliens but foreners such as have forsaken their owne contrye and liberties to live here under ours. So deny them means of lyving and take away their lyves, for home they cannot resorte.726 Besydes, of the thinges they retayle we have no company nor trade here in England. Wherfore to tye727 them to be prentises728 and have no such mistery amongst us wherto they should be prentises were very unreasonable. Sir John Wolley for strangers. The bill is ill for London, for the ritches and renowne of the Citie come by intertayning strangers and geving liberty unto them. Antwerpe, Venice and Padoa would never have bene so ritch or famous but by well entertayning strangers and geving liberty unto them,729 and so gayned all the entercorse in the world. Mr Fuller against strangers. The exclamation of the Citie is pitifull and exceeding great against these strangers, nay such as had not these later quiet tymes in their owne contryes and our trebles made many of them repair home, the Citie would have bene in uprore against them, which if the goverment of the Citie represse not they will be apt enough to yet, if no law redresse it.730 Their wealth is growen such by beggering of us that731 it is no charity to have


this pity on them to our owne undoing. For of them there ought none to be sworne a denisen but he that should first sweare he is not worth above v1.732 It is to be noted in the stranger they will not commerce733 with us. They mary not into our nation. They / will not buy734 any thinge of our contry men. Their retayling is the cause that all thinges are of that price with us. For they make lawnes, they make tafFtafatyes, they make velvettes, rashes735 and linnen cloth, and all this they sell also to us. Now whersoever736 he that makes the thinge sells the same thinge, he rayseth the price of that thinge. Of the retaylers strangers there are in nomber 60 in London, and all ritch; and of merchantes but 30, and those almost all bancrouts. The retayling stranger buyes nothinge of our contrye commodities, but all the money he takes737 he ventes over beyond sea. The serchers738 have sometimes taken yoo1,739 sometymes 500',74° of theirs in coyne.741 Of strangers in London there are 1200 housholdes. 717. 'Harg.: '. . . bene bound under' (+ Harl.i, Harl.2, FH, Pet. (though 'bold'? rather than 'bound'), C278, Tanner). 718. Harg.: '34' (+ Harl.i, Harl.2, FH, Pet., 0278, Tanner). See SR, ^.765-6 for 32 Hen. VIII, c.i6. 719. Harg.: 'place' (+ Harl.i, Harl.2, FH, Pet., 0278, Tanner). 720. Harg.: 'none'; Harl.i: '. . . wilbe all merchantes' (FH follows); Harl.2: '. . . all of them will bee . . . ' ( + Pet., Tanner, 0278 follow). 721. Harg. omits 'and 32 Henry 8' (+ FH, Pet., 0278, Tanner). Harl.i also omits and has '21' rather than '14' (+ Harl.2). 722. 21 Hen. VIII, c.i6 (1529), 32 Hen. VIII, c.i6 (1540), 14 & 15 Hen. VIII, c.2 (1523) in SR, iii. 209, 300-1, 766. 723. Harg.: 'resistinge' (+ Harl.2, FH, Tanner); Harl.i: 'drawinge'; Pet.: 'directinge'; 0278: 'reysing'. Harg. also adds 'for straungers' after 'Moore' (+ Harl.i, FH, Pet., €278). 724. Harg. omits 'but . . . townes' (+ Harl.i, Harl.2, FH, Pet., Tanner, €278). 725. Harg.: 'This I thought. And b e s y d e s . . . ' ( + Harl.i, Harl.2, FH, Pet., €278). 726. Harg. omits this sentence; Harl.i adds 'and home they dare not resort' after '. . . under ours', thus omitting the rest of this sentence (+ Harl.2, FH, Pet., Tanner, C278). 727. Harl.i: 'trye' (+ Pet., C278); FH omits this sentence.

728. Harl.i: 'presently' rather than 'to be premises' (+ Pet., 0278). 729. Harg. omits 'and geving . . . them' (+ Harl.i, Harl.2, FH, Pet., Tanner, 0278). 730. Harg.: '. . . wilbe yet apt ynoughe to do' (Harl.i, Harl.2, FH, Pet., 0278 follow). 731. Harg. omits 'Their wealth . . . that' (+ Harl.i, Harl.2, FH, Pet., Tanner, C278). 732. Harg.: 'sixeto>. 733. Harg.: 'converse' (+ Harl.i, Harl.2, FH, Pet., C278, Tanner). 734. Harl.i omits (+ Harl.2, FH, Pet., C278). 735. Harg.: 'velvett rashes' (+ Harl.i, Harl.2, FH). 736. Harg.: 'whosoever', and adds 'be' after 'he'; Harl.i: 'therefore' (+ FH, Pet., 0278); Harl.2: 'whensoever' (+ Tanner). 737. Harl.i: 'layeth out' (+ FH, Pet., Tanner, C278); Harl.2: 'layeth'. Harl.i then also has 'even' rather than 'over' (+ Pet., €278). 738. Harl.i: 'strangers'. 739. FH: '7000' (+ Pet., Tanner, €278). 740. Harg. omits 'sometymes 500'' (+ Harl.i, FH, Pet., Tanner, €278). 741. Harg. adds 'att a tyme'; Harl.i has 'at a tyme' rather than 'in coyne' (+ FH, Pet., Tanner, 0278). These MSS also omit the next sentence.

137

£.69

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£70

The Eighth Parliament: 19 February-io April 1593 Sir Edward Dimock for strangers. The beggery of our home retaylers groweth not by the strangers retaylinge but by our home engrossers. So as if our retayles742 might be at the first hand they might sell as good cheape as the strangers can doe. But this bill is thrust into the House by the home ingrossers of policie that their beggering of our retaylers might be imputed to strangers retayling. The strangers here purchase deare their denisation:743 beyond the sea for 50s a man may be made a burger744 to trade any thinge.745 In Venice any stranger may buy, sell, purchase house or land, and dispose by his will or otherwise at his pleasure as freely as any citisen, and this may we doe there, therfore in some sorte the like to be aforded them here.746 The strangers are not they that transports our / coyne but it is our owne marchant: for it is to be seene in all the Low Contryes where her Majestic utters much treasure there is not so much English coyne to be had as in the Hanse747 townes where the marchantes trades.748 Knowne of his owne experience that in a Hanse towne a contract of 20,000' hath bene made with an English merchant and agreed to be all payed in English angells.749 So it is the merchant English and not the stranger that ventes our coyne; if they doe it is forfeted, the sercher findinge it.750 Dalton against strangers. He used some cases before alleged. Yeelded the reason of ingrossing to be suffered among marchantes because otherwise the commodities lying to be sold in parcell would be consumed in expenses before the shipp751 were discharged; therfore, for merchandise sake which ells would be stopped, this is suffered that they may have speedy defray of that they bringe and goe to sea againe.752 He imputed the beggery of this City to strangers and sayd that in some one parish there were uoo753 that lyved by begging. Finch for strangers. He used the argument of charitie, but yet sayd the rule in that was charitas incipit a se. We must not so releive them as by it [to] begger our selves. But their ritches grew cheifly by their parsimony, and where they dwelt he saw not that our nation was much greived at them except754 here in London.755 For they contribute to all scott and lott as we doe, though they be of a Church to themselves. Their example is profitable amongst us, for not a begger of them is found in our streetes.756 Their children / are no sooner able to goe but are taught to serve God and fly idlenesse, for the least of them earns his meate by his labour. This nation sure is the more blessed for their sakes, wherfore as the scripture sayth, 'Lett us not greive the soule of the stranger'.757 If the stranger be both a marchant and a retayler there is a statute against them 16 Richard 2:758 vide also 5 Elizabeth.759 But as he was for the strangers of the Church, so not against760 law that should be made against such strangers as are not of the Church, but live here fore merchandise only, or those who having bene here for their conscience sake may now retorne agayne safely, the fyer being quenched in their contreyes. In 6 Richard 2 an act is made what wares strangers761 shall retayle and what not.762 But what is understood by this word 'retaylinge' or how farr it is stretched he knewe not. If retayling stretch to selling of that which they make here, as well as that which is brought from beyond sea, that were too hard construction. He concluded with this, that in Quene Marye's tyme when our case was as theirs now, those contryes did

Journals:!. Anonymous journal, ig February-10 April allow us all those liberties which now we seeke to deny them. They are strangers now. We may be strangers hereafter, therefore let us doe as we would be done to. Mr Sergeant Drue, Recorder of London, finding the House so inclyned that if the question had bene made this day it would have gone ill with the bill, moved this not without respect of charity to the strangers and yet with a feeling of our / owne men's greifes.763 He thought it not fit that the lawe should looke back, for to have old men long inhabiting here now to become premises a newe were not reasonable:764 yet that all should be att libertie to strangers as it is, it were not fit. Wherfore he wished that the law should be for those to come only, and that these strangers765 might be restrayned to the retayling of some wares especially. He moved that the House would continue the committee of the bill till a further day that it might receave further consideration. The Speaker made it the question to have the comittee continued. Some of the House stood against it as no order to committ a bill twise. But the Speaker ruled it might be continued, though not recommitted.766 Uppon Thursday the xxijth of March the bill of subsidy was read and passed. After this the House was called by the Clarke's booke and according to the 742. Sic. Harg.: 'retaylors' (+ Harl.i, Harl.2, FH, €278, Tanner). 743. Harg.: 'deniall' (+ Harl.i, Harl.2, Pet., Tanner, C278). 744. Harg.: 'burges' (+ Harl.2, Tanner); Harl.i: 'borrowes' (+ Pet., C278). 745. FH omits this sentence. 746. Harg. omits 'therfore' and 'the like . . . here' (+ Harl.i, Harl.2, FH, Pet., Tanner, €278). 747. Harg.: 'same' (+ Harl.i, Harl.2, FH, Pet., Tanner); C278: 'some' rather than 'the Hanse'. 748. Sic. 749. Harg. rephrases omitting 'in a Hanse' (+ Harl.i, Harl.2, FH, Pet., Tanner, C278 substituting 'a towne in the Lowe Countries'). Harl.i also has '2ou> (+ Harl.2, FH, Pet., Tanner, €278). 750. Harg. omits this sentence (+ Harl.i, Harl.2, FH, Pet., Tanner, €278). 751. Harl.i: 'shopp' (+ Harl.2, FH, Pet., Tanner, 0278). 752. Harg. omits 'which ells... stopped' and 'that they . . . againe' (+ Harl.i, Harl.2, FH, Pet., Tanner, €278). 753. Harl.i: '1000' (+ Harl.2, FH, Pet., Tanner, 0278). 754. Harl.i: 'as' (+ FH, €278). 755. Pet. omits 'and where . . . London'.

756. Harg. omits 'for not. . . streetes' (+ Harl.i, Harl.2, FH, Pet., Tanner, C278). 757. Cf. Ex. 22.21; Lev. 19.33. 758. Harl.i omits '16 Richard 2' (+ FH, €278; Pet. follows); 16 Rich. II, c.i (1392-3) in SR, ii.82-3. 759. Tanner unclear here because of binding. 5 Eliz., c.y (1562-3) in SR, iv. 428-9. 760. Harg. adds 'any' (+ Harl.i, Harl.2, FH, Pet., Tanner, C278). 761. Harg.: 'that forraine straungers' rather than 'what wares strangers'. 762. Rich. II, stat I, c.io (1382) in SR, ii.28. 763. Harg.: 'Serjeant Drewe. There is no reason we shoulde be without respect to the straungers and yett our charity to be done with feelinge our owne country men's greif (Harl.i, Harl.2, FH (though 'Seriant Crewe'), Pet., 0278, Tanner follow). 764. Harg. omits 'a newe were not reasonable' (+ Harl.i, Harl.2, FH, Pet., Tanner, 0278). 765. Harl.i adds 'that bee' (+ Harl.2, FH, Pet., Tanner, C278). 766. FH: 'committed' (Pet., 0278); Harl.2 omits this paragraph.

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140


order moved before by Sir Thomas Henage,767 every knight of the Privy Councell payd xxxs, every knight of [the] shyre, knight by calling, sergeant768 at law and doctor of law payed xs, every burges vs. And to the Sergeant for his attendance and for a clock sett upp in the Parliament House every man gave xijd.769 The iust nomber of all knightes and burgeses that are of the Lower House are 462. One Querke770 a poore burges refused to pay his vs assest by the House, but would only pay ijVjd. The Speaker would have committed him to the Sergeant £71 for disobeying the order of the House, / but most of the House were against it. So he was not.771 This was all we did this day.772 March 23 Uppon Fryday the xxiijth of March the bill for releeving the poore soldiers and 1. maymed mariners was read the first tyme. 2. A bill for repealing a bra[n]ch of the statut of 4 and 5 Mariae773 restrayning the making and working of yarne to incorporat townes, Devonshyre desireth to be excepted,774 so did Norfolk and Essex. The bill was committed, and all the burgeses and knightes of clothing shyres committees. 3. Mr Anthony Cooke's bill reported by Mr Brograve; the preamble thereof was dislyked by the committees. Also the feoffees in the former conveance liked not that a libertee to dispose of all the landes formerly conveyed should be lefte to Mr Anthony Cooke, but some partes of the landes conveyed to be allotted unto Mr Cooke, wherein to have an estate in fee that he may alien them, if cause be, to discharge his debts; and in the rest to be restreyned as before, only a power geven him to make leases, ioyntures, and raise a certaine somme of money for his daughter's portions, and for the bandes whereinto he is entred for making good of some leases which are now to be avoyded consideration to be had of them.775 4. The bill concerning the explanation and confirmation of her Majestie's title to Sir Francis Englefeelde's landes attainted of high treason, recyteth that at the first he went beyond the seas by licence, but taryed after his licence expired: that he had a privy scale sent him for his recall, but he refused to retorne. At Rome he did make conveance of all his landes here in England to the use of himself for lyfe, the remaynder to Francis Englefeeld his nephew and to the heirs males of v. his body lawfully / begotten, and for default of such heires to the use of his right heirs. Provided that if hereafter the sayd Sir Frances should deliver a gold ring unto his nephew Frances, then that conveance to be utterly voyd. Since this conveance Sir Francis hath practised divers treasons against this state. He was a cheif setter on of the Spanish invasion in '88. Of these treasons he standeth attainted by the statut of 28 Elizabeth.776 By the statut of 28 Elizabeth all conveances made by fugitives to be inroled in the Exchequer. Francis Engefeeld the nephew in termino Michaelis anno 29 Elizabeth enroled rotulo shewed the effect of a conveance made by Sir Francis Englefeeld to Sir Edward Fitton and others, covenanting to stand seised of all his landes in England to the use of himself for lyfe; after his decease to the use of Francis his nephew and the heirs males of his body with the remaynder over to him in ffee: provided if Sir Francis should have issue male of his body then the former estates to cease and be voyde. Frances the nephew delivering this uppon his othe shewed not the date of those conveances,

Journals:!. Anonymous journal, 19 February-10 April nor the proviso, nor the tender of a ringe. The Queen being intituled to these landes and to the condition conteyned in the conveance by vertue of the statut of 28 made comission to Mr Broughton and Mr Bowser, and they be vertu therof have tendred a gold ring to Mr Englefeeld the nephew. So by this tender and the statut of 28 the estate is in the Quene. This act now prayeth that the attainder of Sir Francis Englefeeld may be affirmed; that the Queen may be lawfully intituled to the condition; that the land may be in the Queen without further office; that this conveance made to Francis may be voyd. Savinges: that all estates made from the Queen's Majestie since the tender of the ringe / or before to be good notwithstanding any misrecytall, non recytall, or other imperfection whatsoever; saving also to the Queen all such title as her Highnes might or should have had before the treasons committed. A saving to all others that have any assurances made before the treason committed by Sir Francis Englefeeld. Provisoes: that this act shall not extend to avoyde any conveance of landes made to Francis the nephew by any conveance made before primo of her Majestie's raigne. Provided also not to extend to impeach any lease made by the Queen since his attainder of treason, but they to remayne and be to all intentes as if this act had never bene. Provided also not to extend to impeach any estate or use that Francis the nephew and by vertue of a conveance made to him by a deed dated the 4 of May 1° Elizabeth, enroled termino Michaelis 348 Anno Elizabeth 30. Mr Brograve spake in the bill. He found divers misrecytalls of statutes, as that which in the printed booke is 28 Elizabeth 29 Octobris. The statut was 29 Elizabeth 15 Octobris. Quere: for I thinke the statut called 28 Elizabeth was continued to 29, and then begone in it to be handled the Queen of Scottes' cause. An other misrecytall the statut '18', where it should be '28'.777 The bill was committed and allowed, Mr Englefeeld or his councell for him to be there.778

767. Harg. omits 'moved by Sir Thomas Henage' (+ Harl.i, Harl.2, FH, Pet., Tanner, 0278). 768. Harl.i: '. . . shire and every one that was called serieant' (+ Harl.2, FH, Pet., Tanner, €278). 769. Harl.i: 'iod' (+ FH, Pet., 0278). 770. Harl.i: 'One quare was here made: a poore burgesse refused to paie (Harl.2, FH, Pet., 0278, Tanner follow); see Commons, sub Quirke, James. 771. Harg.: 'escaped' rather than 'was not' (+ Harl.i, Harl.2, FH, Pet., Tanner, C278). 772. Harg. omits this line (+ FH, Pet., Tanner, 0278). 773. Harg.: '4 Elizabeth' (+ Harl.i, Harl.2, FH, Pet., C278, Tanner). See SR,

774. 775.

776. 777. 778.

iv.323—6 for 4 & 5 Ph and Mary, c.5 (1557-8), as at £53. Harl.2: 'examined'. Harg. omits all of this entry after 'Brograve' (+ Harl.i, Harl.2, FH, Pet., Tanner, 0278); Harl.i: 'Brondcowe' (+ ?FH, €278); Pet.: 'Brondrowe'. [28 &] 29 Eliz., c.i (1586-7) in SR, iv.766-7See SR, iv.j6s'. the parliament was originally summoned for 15 October. Harg. merely notes 'The bill for confermacion of her Majestie's title to Sir Francis Englefeilde's landes committed', followed by this decision about counsel: the description of the bill and Brograve's contribution are not included (+ Harl.i, Harl.2, FH, Pet., Tanner, 0278).

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v.

£73

The Eighth Parliament: 19 February-i o April 1593 NevelTs bill reported by Mr Finch. This added by the committees that the act should not stretch to any the landes allotted to the Lady Vane by the articles of agreement.779 Paulmer, a burges for London, delivered in the bill for retaylinge, signified the committees could not agree upon it; so to be considered by the House what was fitt and their pleasures to be done. / The Speaker hereuppon was redy to put it to the question whether the bill should be ingrossed, but the House would not so suddenly have it come to the question. Paulmer spake in it very well. He shewed unto what nomber the strangers are lately growne; that they being780 but 40 open retaylers have undone since the last Parliament 60 of our English retaylers, for so many are now beggers who were 40' subsidy in the Queen's bookes. That their retayling had enhansed the price of all such wares as they retayle he thus proved: for when they retayled not, but only our English used the sale, launs,781 fyne hollandes, and cambrickes were better cheep by xv1 and xvj1782 in a C1. That the retaylers here are but factors to such as are marchantes beyond the seas, so they be both marchantes and factors, a thinge which if we should use beyond the seas the law would be fiery unto us, or fyer should be our law. If we at Stoad and those places where we trade our clothe should retayle it also, we should so inhaunse the price that they would be weary783 of our trafFique. But the lyke mischeif we suffer amongst us by the Dutch. It will be proved that of the retaylers in London there be 20 that gayne784 tenn or twelve hundred poundes a yeare: so as all that wealth, 20,000' a yeare at least, they 20 cary out of the realme. For of our commodities they transporte785 nothinge. Where the other day it was sayd that the786 marchant did cary the coyne out of the realme, it is restrayned that none shall: but it is to be shewed that the merchantes doo weekly bring in 1200, 1500, sometymes 2000, waight of strange coyne. Now where it is so much urged to be against / charity commended to us by Moses towardes the stranger, lett Moses tell us who is that stranger787: he that is as788 the fatherlesse and wydow. Wherfore from them we must not reap too cleane, but cast out some handfulls for them to gather upp. When we gather our vintage or plucke our corne, we must not gather too cleane. But shall we putt our selves789 to gleninge and give our feildes to them? That were beyonde charitie. Wherfore let Moses be expounded by the same spirit. The Apostle sayeth he that provideth not for his family is worse then an infidell.790 Lett us therefore have an eye to our contrye and poore contrymen. 'You are here patres patriae, you be here as amongst the Romans patres conscripti. I beseech you have respect to the honor of this citie upon whose florishing the estate of the791 whole realme dependeth.' Sir Walter Raleigh made answers to the pretenses made for the stranger, as against charity, against honor, against our profit to expell them. He thought it not matter792 of charity to releeve them, for such as fled hether had first forsaken their owne Kinge. 'Religion is no pretence for them, for we have no


Dutch men here but such as came from those provinces793 where the ghospell is preached, and here they live dislyking of our Church. For honor it is honor to use strangers as we be used amongst strangers, and it is lightnes in a common wealth, yea basenesse in a nation, to geve that liberty to strangers that we cannot receave againe. In Antwerpe when our / intercourse was most there we were never suffered to have a tayler, shoemaker, or other artisan794 dwell there; nay, in Melvyn795 where there are 300 Englishmen they cannot have so much as a barber allowed them. One there was and him they murdred amongst them.796 For profit, they are all of the house of Anion797 Dutchmen,798 who pay no subsidy, that eat out our profit and supplant our nation. Custume indeed799 they pay xvd where we pay xijd, but such as have intercourse with us are discharged of the subsidy. The nature of this Dutchman is to fly to no man but for his profitt, and to none they will obey longe; now under Spayne, now they will have Mounser,800 now the prince of Oringe, but no801 governer longe. The Dutchman by his policy hath gott the trade of all the world into his hand; he is now entred into the trade of Scarborough fishinge and the fishing at the New Found Lande which is the stay of all the West Contry. They are the people that maynteine the Kinge of Spayne in his greatnes. Were it not for them, he were never able to make out such navies by sea nor such armyes as he sends abroad. It costes her Majestic 6o,ooo1802 a yeare the mayntenance of803 those contryes, and yet thus they arme her enemyes against her. I see no 779. Harg. omits this sentence (+ Harl.i, Harl.2, FH, Pet., Tanner, €278). 780. Harg. rephrases this opening, omitting the attribution to Palmer. 781. Harl.i omits. 782. Harg. omits 'and xvj1' (+ Harl.i, Harl.2, FH, Pet., Tanner, 0278). 783. Harg.: 'very glad' (+ Harl.i, Harl.2, and FH, Pet., Tanner, 0278 - though adding 'not' after 'would'). 784. Harg.: 'passed', and 'apeece' rather than 'poundes'; C278 has 'passed' and adds 'apeece' (+ Pet.); FH also has 'passed'. 785. Harg.: 'apusterd'; Harl.i: 'offer to buye'; Harl.2: 'offer'; FH: 'buy' (+ Pet., C278); Tanner: 'utter'. 786. Harl.i: 'our' (+ Harl.2, FH, Pet., Tanner, 0278). 787.

e.g. Ex. 22.21-22.

788. Harg. omits (+ Harl.2, Tanner); Harl.i: '. . . stranger, even the fatherlesse' (+ FH, Pet., C278). 789. Harl.i: 'out' rather than 'our selves' (+ FH, Pet., 0278); Tanner: (?) 'our'. 790. i Tim. 5.8. 791. Harg.: 'fflorishinge estate the' (+ Harl.i, Harl.2, FH, Pet., Tanner, C278).

792. Harl.2: 'manner'. 793. Harg.: 'princes' (+ Harl.i, Harl.2, FH, Pet., Tanner, €278). 794. Harl.i omits 'or other artisan' (+ FH, Pet., 0278); Harl.2: 'our other cittizens' rather than 'or other artisan'; Tanner: '. . . or other citizen'. 795. Harg.: 'Melanye'; Harl.i: 'Millian'; FH: 'Millen' (+ Pet.); 0278: 'Millaine'; Tanner: 'Mylan'. 796. Harl.i omits this sentence (+ Harl.2, Pet., Tanner, C278); FH: '. . . as a barber amongst them', then omitting the rest of Raleigh's speech and part of Cecil's, resuming at 'for it is therfore counted . . .'. Folio 97 of the MS appears to be missing. 797. Harg.: 'Amoine' (+ Harl.2, Tanner); Harl.i: 'Almayne'; €278: 'Almoigne'. 798. Harl.i omits (+ Pet., C278). 799. Harg.: 'ended'. 800. i.e. Alencon (Monsieur). 801. Harg. omits. 802. Harl.i: 'sixteen thowsand' (+ Pet., C278). 803. Tanner ends here.

143

v.

144

£74

v. March 24 i.

2.

The Eighth Parliament: 19 February-io April 1593 respect nether to be had of the denison, for he is but such a one as hath formerly forsaken his owne kinge, and is now fledd to us. So in the whole cause I see no charity, no matter of honor, no profitt in releeving these strangers.'804 Sir Robert Cecil sayd when he first heard this / bill read he promised himself silence, for it spake of trades wherein he had no skill. But uppon so great debate as it hath receaved on both sydes, and that very thoroughly and wisely, his understanding was more cleered, and saw that now, he discerned not before. What the word 'retayling' meant he understood not, but now it is brought to a matter of charity (a thinge that concernes us all), to a pointe of honor which toucheth most of us, a matter of profitt a thinge we must regard. It is great charity805 to releeve strangers, specially being such as doe not greive our eyes. This hath brought brought806 great honour to our kingdome for it is therefore counted the refuge for all distressed nations.807 But yet our charity to them must not iniury our selves, so these must be reconcyled. We must have a charitable regard of them, but yet so as we be not too iniurious to our selves. Now as this bill is, it is not sufficient to this purpose; and if it be put to a question now, it must ether be dasht or put to engrossinge. 'And for my owne conscience if the question be now made, I am not resolved how808 to geve my voice. It were not809 for the gravitie of the House nor for the credit of the committee to have reiected it uppon this sodayne. And as it is, it were not fitt to passe in my conceyte. And I am much lead to thinke the citizens themselves will be well assentinge to the reforming of it, for their Recorder yesterday speaking in zeale for the City and yet with good regard of the cause thought the bill might receave a great moderation.' Uppon this motion the House was well pleased; men seeminge very diversly distracted in opinion touching the cause, so the old committee was contynued and / moe names added to them. Uppon Saturday the xxiiij* of March. An act to restrayne the carying of caske beyond the seas pretended for saving of tymber. Everyman carying over beere, for every 6 tonn to bring in 200 clapwood bordes. No wyne cask to be transported except it be for vitaylinge the Queen's shipps or to the Queen's garrisons. Twise read and committed this day.810 The soldiers bill read. Sir Thomas Cecil's motion. In England there are 60,000 alehouses and inns, which will come to 60,000 angells; accompting it but a noble a peece every yeare it will come to 20,000'. This proportion will erect 5 gest houses wherin shall be 20 soldiers a peece, and to every soldier shalbe allowed x1 a yeare, and over every gest house shall be a governour who may have xx1 per annum.811 This he thought would be a very good provision for the common wealth, wherfore he desired it might have a longer continuance and at the least endure x years. Sir Walter Raleigh spake against the charging of these the most beggerly people in the land with this honorable provision. Hubberd reconed there were 39 sheres in England besydes Wales. There were parishes in all 8449.812 In every parish allow813 twoe alehouses then the


145

proportion wilbe 2000'814: if fbure then 4000'. The mayntenance of 400 maymed soldyers allowing x1 a man came to 40O01 a yeare. He thought there were not 4OO815 maymed soldyers such as indeed had bene soldiers, in England. / Wherfore he thought the proportion too great, and it would cause that some £.75 would begg the farming of it. The opinion of the judges was that inkeepers were to be bound in recognisance by the justice of peace as well as the alehouse keeper.816 A bill sent from the Lordes for to geve liberty to the Lord Haroden,817 Lord 3. Vaux to sell certayne landes for payment of his818 debtes. The bill from the Lordes for confyning819 of recusantes passed. 4. A new proviso was brought in to be added unto the retaylers bill, which was 5. that all retaylers come since the last parliament to be debarred retaylinge, except they have since bene made denisons, then to be restrayned retayling all silkes, linnen cloth and ten other stuffes such as should be named. So the bill in generall debarrs all strangers, after it saves to such as were denisate before the last parliament that they are not at all within this lawe. Such as are denisate since the last parliament they are restrayned not to retayle any sylkes or stuffe that hath silke in it, no linnen cloth, and ten other stuffes such as are usually sold in mercers' shopps, as grograms, fustians, rashes, bumbastes, etc. The proviso was not yet thought perfect, so committed once againe.820 Uppon Monday the xxvjth of March. Mr Fuller brought in againe the bill of March 26 retaylers, signifyed that the committees the last day had referred the drawing of the proviso, whereuppon the House dissented unto those that most favored the strangers. The proviso being drawen according in all points as they would 804. Harl.i: (omitting 'no charity') no matter of charitie, noe charitie in releeving them' (+ Pet., though 'noe profitt in releivinge them' (+ C278)). 805. Harl.i omits '(a thinge . . . charity' (+ Pet., €278). 806. Sic. 807. Harg. adds 'Our armes have byn open for them to caste themselves into our boosomes', and then omits 'so these must. . . iniurious to our selves' (+ Harl.i, Harl.2, FH, Pet., C278). 808. Harl.i omits (+ FH, Pet., €278). 809. Harg. omits. 810. Harg. omits 'Everyman . . . day' (+ Harl.i, Harl.2, FH, Pet., €278). 811. Harg. omits 'and over . . . annum' (+ Harl.i, Harl.2, FH, Pet., 0278). 812. Harg.: '8440' (+ Harl.i, Harl.2, FH, Pet., 0278). 813. Harg.: 'above' (+ Harl.i, Harl.2, FH, Pet., €278); Harl.i has 'which

814.

815. 816.

817. 818.

819. 820.

some wilbee the allowance for more then' rather than 'then the . . . mayntenance of (+ Harl.2, FH, Pet., C278). Harg.: '200''' and continues 'yf more the sume shalbe the greater the allowance' rather than '. . . mayntenaunce'. Harg.: 'att the least so manye' rather than 'not 400'. Harg. omits 'Wherfore . . . keeper' (+ Harl.i, Harl.2, FH); Pet. ends the entry at 'x1 a man' (+ C278). Harl.i: 'Harrington' (+ FH, Pet., €278). Harg.: 'theire' (+ Harl.i, Harl.2, Pet., C278); FH omits. See GEC, Complete Peerage sub Vaux of Harrowden. Harl.2: 'conferminge'. Harg.: 'The bill for retaylores committed' rather than this paragraph (+ Harl.i, Harl.2, FH, Pet., €278).

146 v.

The Eighth Parliament: 19 February-io April 1593

have it, desire that / it might be added to the bill to be ingrossed, which was graunted.821 2. Mr Anthony Cooke's bill twise read this day and graunted to be ingrossed. 3. The bill for spinners, wevers etc, read and committed. 4. A bill ingrossed sent from the Queen delivered with these wordes from Mr Speaker. 'Her grace's most excellent Majestic respecting the sonn according to his good service, and looking uppon him with the eye of mercy and not with the eye of justice as his father's fact deserved, is gratiously pleased to restore in blood Sir Thomas Parrot. To which end she hath sent her pleasure signified in a bill superscribed with her owne royall hand, expectinge that none will speake against this bill. The bill is to restore him only in blood, and inhableth him to inherite whatsoever shall hereafter descend unto him from any auncester other then his father Sir John.' A proviso that Sir Thomas shall not have any thinge whereto the Queen is intituled by the attainder of Sir John.822 The bill was twise read; some of the House desired to geve it a third reading. But uppon that the Speaker signified thus, that a bill coming sent from the Queen was allwayes ingrossed, for her Majestic never geveth her royall assent to any thinge in paper. Also the bill is allways superscribed with her Majestie's hand and subscribed under [with]823 her Atturney's hand. Now no such bill cann be committed. Nor by the order of this House no bill whatsoever can be thrise read in one day. So the bill rested uppon the second reading.824 5. Sir Thomas Henage reported the bill concerning Mr Englefeelde's landes. £76 How that he and his councell had bene called and heard say what / they would, there was nothing they could more desire then was added in the bill before. For before the Lordes passed the bill he and his councell were there thrise called, and what he would or could reasonablely desire was added by the Lordes so as greater favour or lesse preiudice no man could receave. But in the bill these misprisions were thought fitt to be amended: 'and' for 'or'; 'they' for 'their'; 'manor' for 'manors'. A statut recyted to be 18 where it is 28. Also by the Parliament roll it appereth that the statut which in the printed booke is 29 Elizabeth 15 February was sommoned 28 Elizabeth 15 Octobris and from thence adiorned to 27 Octobris, from thence to 29 Octobris, and then it began.825 For amendment of these thinges in the Lordes bill they desired conference with the Lordes. But Mr Speaker thought if the bill were amended in these thinges by the Lordes and so came downe amended by them, then it must be read agayne in the House as a new bill. Wherfore he advised to observe the old course of amendinge the faultes here, in a peece of paper annexed to the bill. But Sir Thomas Henage seemed desirous to have conference with the Lordes about it, and so it was graunted. 5.826 A bill for amending the statut of 7 Edward 6 cap. 7827 that assesseth sises of billettes and coles: the penalty being uppon him only by ill-penning of the statut who doth make and sell. So except the same party making do also sell, no penalty. So this word 'and' to be made 'or'. 828 TI^ bin f or tne Lord Haroden sent from the Lordes read. That where the 6 Lorde Vaux uppon naturall considerations only hath conveyed all his landes to


his sonns George and Ambrose and so is tyed to his cradell that he can sell nor dispose of no parte of his landes. He prayeth that for satisfaction of his debts some part of his landes may be sold, namly such parte of his landes in Nottinghamshyre, Essex and in Cranford in the county of Northampton as with / the assent of Lewes Lord Mordant, William Lord Compton, Sir Edward Montague, Sir George Farmer, Edward Watson, and Thomas Malsho or some three of them, whereof one of the barons to be one shall be agreed to be solde. The twoe sonns of the Lorde Vaux have bene called before the Lordes in the Higher House and are assenting hereunto. The landes in Northampton shyre are Archeston, Cranford, Islip, and Woodford; in Essex White Knotley; in Notingham shyre Lowdam and Twisonn: all or any part hereof. To make estates in fee simple, fee taile, for life or yeares. The estate to be good against the Lord Vaux, George and Ambrose Vaux, and that George Vaux and Elizabeth his wife shall enioy the landes convayed from Ambrose, whereof also a fyne is levied by Ambrose. Proviso: nothinge herein to be preiudiciall to the Lord Vaux or Mary his wife in any the other landes, nor to debarr him of any priviledge to be dispunishable of waste. A saving to all strangers their rightes, titles, interestes, iudgmentes, executions, or demaundes whatsoever. The preamble of the bill supposeth that his children have so impugned one the other's estate that the land is so incombred as he cannot dispose of it. Committed to Sir John Harington and Sir Edward Dimocke, etc.829 Uppon Tuisday the xxvjth of March.830 The bill for Devonshyre wever[s] not to be tyed to incorporate townes (desired by many other contryes that they might be exempted too) was comitted. The bill for assising of bread was read the second tyme and spoken against by Sir Edward Dymock. The House devided uppon the question whether it should be ingrossed or no. The bill was dasht. The bill for retayling of strangers read the third tyme: much spoken in pro et contra by divers / men this day. Sir Robert Cecill desired that this might be added, denizens' wydoes to be exempted. He desired to be satisryed in this whether by the generall name of linnen, the florishing workes upon linnen were not included. But resolved that such thinges831 were not included within the act. He desired this proviso because this law passing it is to be feared our citisens will enhaunse prices excessively uppon us, therefore a proviso to be added, 'This law to continue only till the end of the next parliament'. This 821. Harg.: 'Mundaye 25. After prayers the bill for strangers retaylors brought in by Mr Fuller and ingrossed' rather than this parargaph (+ Harl.i, Harl.2, FH, Pet., C2y8 follow, though date and day vary). 822. Harg. omits 'The bill. . .John' (+ Harl.i, Harl.2, FH, Pet., €278). 823. From Harg. (+ Harl.i, Harl.2, FH, €278): Pet., 'underneath'. 824. Harg. omits this sentence (+ Harl.i, Harl.2, FH, Pet., €278).

825. 826. 827. 828. 829.

See above, £72. Sic. Stowe: '6'. 7 Ed. VI, c.7 (1552-3) in SR, iv.i7i. Sic. Stowe: '7'. Harg. omits the whole section from '5 Sir Thomas Henage . . .' to this point (+ Harl.i, Harl.2, FH, Pet., €278). 830. Sic. recte 27 March. 831. Stowe omits 'were not included. But resolved that such thinges'.

H7

V.

March 26 I. 2.

3f.77

148

v.

March 28 i. [2.]

£78

The Eighth Parliament: 19 February-10 April 1593 proviso was thought needfull, and being made a question by voices it was agreed it should be added. The bill was much pressed this day, for to deferr this day and to deny it was thought all one, wherfore the proviso was added presently. Then the question was made whether the bill should passe or no. The House seemed indifferently devided in voices; but when it came to a going out there was great oddes, they that satt against the bill being but 42, they that went out were 82. So the bill passed.832 Mr Anthony Cooke's bill uppon speciall request made by Sir Robert Cecil was read (the House being redy to departe) and it passed. The bill geves him liberty only to sell such landes as the Lord Treasorer, Sir Robert Cecill, Sir William Walgrave, and Sir Thomas Mildmay shall by their deed inroled assent to the sale of. The bill lookes back, and saves and makes good all former leases made by Mr Anthony Cooke as if he at the making therof had bene tenant in feesimple. Likewise, it restraynes that those lessees shall not therfore take benefit of any bondes made by Mr Anthony Cooke and broken in respect he was not tenant in feesimple. / Likewise at that tyme. It hath a generall savinge of all strangers' rightes and titles.833 In conference this day had with the Lordes of the Upper House about amending Sir Francis Englefeelde's bill it was found that the printed booke doth misrecite the statut or the act intituled, 'To avoyd fraundulent assurances made by traytors'. It is recyted to be 29 Februarii 29 Elizabeth, where the Parliament role is 15 Octobris 28 Elizabeth. For further examination of this with the role a conference is prayed by them uppon Thursday. But it appeared the order of the Parliament is the Clarke of the Parliament should certify a copie of the Parliament role into the Chauncery that thither men might resorte to see the role, but the private gaine of the Clarke causeth that he deteyneth the copying and certifyinge of the actes a longe tyme after many parliamentes to the end men shall come to him for the searche. Also it appeared that the yeare and day is not now indorsed uppon the back of the role as heretofore it hath bene used, which thinge was mislyked in the Clarke. Englefeelde's bill not having bene thrise read, notwithstanding the many faultes that were committed in writing of it, yet the Lower House could not deliver it upp to their amendment but must still deteyne it with them till it have passed them, els it must come to them as a new bill.834 Uppon Tuisday835 the 28 of March. A bill for continuing of former statutes was read twise and committed. The bill for transportinge of caske reported, wherunto was added by the committees that no man should transport any pilchers, but to bringe [in] a certaine nomber of caske: but this addition was much mislyked in the House, for that pilchers is a great commodity in the West Contryes, such as fraughtes them / with money to pay all subsidies and be men of ability to any service, the restrayning of which commoditie were their undoing. Now these pilchers are most sent into Italy where no caske are, therefore very iniurious to tye them to bringe back caske from thence. The bill hereuppon was recommitted, Sir Francis Drake being earnest for it, and it should seeme the addition was of his putting in.836


The bill for naturalising of children borne beyond the seas come of English parentes passed. Sir Thomas Parrot's petition for his restitution in blood only, passed. Uppon the topp of the bill wide of her Majestie's hand we indorsed these wordes, 'Soit baile as837 Signiors'. Noted to be the first peticion that ever came signed to the Lower House first.838 The Lord Vaux his bill read the second tyme and committed.839 The bill for Tinterne wyer workes read the second tyme.840 These bills sent upp to the Lordes: Sir Thomas Parrotte's petition. Mr Nevell['s] bill. Mr Anthony Cooke's bill.841 The bill for naturalising Englishmen's children. Uppon Thursday the xxix of March. An act for repayring and mending of Cholchester haven and river the second tyme read and committed. The Lorde Vaux his bill passed.842 The bill for continuinge of the statutes reported by Mr Finch. The statut for repayring of Dover843 haven made in 23844 Elizabeth was much spoken in pro and contra: whether the contribution towardes it should continue / out, which was yet to indure three yeeres;845 or whether now to cease, the cost and charge to the portes being thought great and the worke never the better. The question being made whether it should be continued or no, the voyces of the House were so indifferent as not to be discerned whether T or 'No' were the greater. Hereuppon the Speaker admitted further speach to the bill. Some thought that after a question made the House could not debate the matter longer but the iudgment of the House must determyne it. But the Speaker affirmed it upon some presidents in the point that after a confused T or 'No', further debate might be had and the question be propounded a new any tyme that day.846 832. Harg. omits 'Sir Robert Cecill. . . bill passed.' (+ Harl.i, Harl.2, FH, Pet., C278). 833. Harg. omits this paragraph (+ Harl.i, Harl.2, FH, Pet., 0278). 834. Harg. omits 'Englefeelde's bill n o t . . . new bill' (+ Harl.i, Harl.2, FH, Pet., €278). 835. Sic. recte Wednesday; cf. fos.76v, 78. 836. Harg. omits all details about the casks bill, simply noting that it was committed (+ Harl.i, Harl.2, FH, Pet., C278). 837. Sic. Harg.: 'aux' (+ FH, Pet., €278). 838. Harg. omits this sentence (+ Harl.i, Harl.2, FH, Pet., C278). 839. Harl.2 omits this entry.

840. Harg. omits this entry and follows it with 'The moste parte of these billes were sente upp to the Lordes', then moving directly to the next day's business (Harl.i, Harl.2, FH, Pet., €278 follow). 841. Stowe omits this line. 842. Harl.i omits this entry (+ FH, Pet., C278). 843. FH: 'Devon'. 844. Harl.i: '33'. 845. Harg. omits the rest of this sentence (+ Harl.i, Harl.2, FH, Pet., 0278). 846. Harg. continues 'multa desuni1 and has nothing more for this day (Harl.i, Harl.2, FH, Pet., C278 follow).

149 3-

4-

56.

March 29 i. 2.

3-

v.

150


The Burges of Sandwich847 shewed that the tonage did amounte unto 1200' yearly that was gathered for Dover haven, whereof 600' yerely was bestowed on officers. To Mr Gary xxs a day. To auditor Hill xs, his clarke iijs iiijd, the purveor ijs, a clarke xijd. Besydes this tonage payd yearly there was in Henry 8 tyme 5OOO1 bestowed uppon the haven. Mr Maynard affirmed that these men that were to have these pensions had them not payed, for they were yet petitioners for them. And thought that the tonage came not to half so much per annum. Sir Edward Dimock affirmed that betwixt Dover and Plimothe there was never a harbor to put into but this. Conesby.848 When this act for repayring Dover was first made the harbor drue at a common full water 17 foote, at a springe tyde 26. No shipp the Queen hath draweth above 14 foote water as the Lord Admirall sayed. So the f.79 greatest shippes may come into this harbor, but by reason they can / not lye softe the sande being movable, they never lye there. Hare. In 23 the House made the statut to continue but for 5 yeares, but at the earnest request of Sir Walter Mildmay it was yeelded for 7 years.849 Olde Grimston850 tolde an old tale. When Henry 8 bestowed his money there, the towne of Dover, 80 of them ioyning, had a shipp amongst them but could never agree about setting her forth, so there the shipp lay at sea and never went voyage. The question being propounded agayne twise, because the voyces were not discerned, the House devided. The resolution was the statut to be continued, and further to endure untill the end of the next Parliament. The partes uppon Severne after the three yeare exempted. March 30 Uppon Fryday the xxxth of March the bill for continuance of statutes read. The maintenance of the Cobb of Lime851 stood on, but at last allowed. It was sayd to be therefore called the Cobb of Lime because 300 yeares since it was built by one Cobbam, the auncester of this Lorde Cobham. The statut for punishment of bastard getters enlarged,852 that it should be lawfull for the justices of peace to stock them, whipp them, or imprison them at their discretions. Hereuppon a doubt was moved whether the party punishable being comitted untill further punishment may be geven them, whether this be not such an imprisonment as is a satisfying of the penalty of this lawe; but it was graunted that this might be in the justices' discretion to whipp them v. after his committinge, this committing being but to have them / forth cominge for further punishment to be geven them. Sir Thomas Henage reported what had bene delivered853 in the conference with the Lordes touching Sir Francis Englefeelde's bill: all our amendmentes allowed and agreed to add a saving at the last which should be as generall to all strangers as all the former savinges were for the Queen. This bill passed.854 Doctor Carew accompanyed with Mr Pole brought downe the clergie's contribution. Dr Carew brought the bill intituled 'An act for confirmation of the subsidy graunted by the clergy.' Mr Pole brought the instrument it self under the scale of Canterbury.


151

In the relation of the conference had with the Lords this was reported farther: that in the bill of recusantes sent us from the Lordes and passed our House with this exception that feme covertes855 should not be compelled to abiure, the writer of this our exception made the excepting of feme covert referring to the first name of feme covert in the bill, so in all places after in the bill shee not included as the Lordes conceaved. And it was our meaninges also that feme covertes should be bound in all places of the bill save in that point only of abiuration. So our meaninges agreed. But to manifest the law the Lordes thought it safest to add a proviso by these wordes, 'Provided that feme covertes shall not be compelled to abiure.856 Provided also that in all other partes of this act, feme covertes be bound, this only of abiuration excepted.' This proviso being added in a paper857 by the Lordes, the question was the bill having passed both the Houses and sent from us with an exception how this proviso now could be inserted. It was holden cleerly that our exception could not be altered, / nor the[y] could not add now unto the bill. It was agreed that f.8o a" bill sent from the Lordes and passed us without any alteration or amendment could never now be delt in agayne. But the Lordes' bill retorned from us with exceptions or alterations might be retor[n]ed againe to us with new additions or858 other provisoes from them. But in this case it comes as a new bill never read. For our correction cannot be revisited by us, nor nothinge in the bill can be amended by them, and yet the bill remayne as at first. The resolution uppon the present case for adding the Lordes proviso was this: in respect it was only explanatory of that which was in the bill the proviso might be receaved. An other question arose uppon Sir Thomas Henage his reporte. In the conference the Lord Treasorer had sayd he heard saye that a bill concerning recusantes, the first bill that was read in our House, had noe proceedinge: the Lordes amongst them had thought uppon a generall bill to that purpose, including generally all such as refused to come to church or would perswade 847. Either Peter Manwood or Edward Peake. 848. This is one of three possible members: see Commons sub Coningsby, Sir Thomas, Humphrey II, and Richard. 849. 23 Eliz., c.6 (1580-1) in SR, iv.668. 850. Edward Grimston was born £.1508 (Commons). 851. Harg.: '. . . for contynewance [blank] of Lynge'. The following sentence is then omitted (Harl.2 follows); Harl.i omits the Lyme bill completely (+ FH, Pet., C2y8). 852. Harg. continues 'multa desunt' and continues 'Sir Thomas. . .' as below (Harl.i, Harl.2, FH, Pet., €278 follow). For bastard getters, see 18 Eliz., c.3 (1575-6) in SR, iv.6io.

853. Harg.: 'done' (+ Harl.i, Harl.2, FH, Pet., €278). 854. Harg. omits 'all our . . . passed' (+ Harl.i, Harl.2, FH, Pet., 0278). 855. Harl.i: 'some courtes' rather than 'feme covertes' (+ FH, Pet., 0278); Harl.2: 'some convert'. Similar confusions appear in the next few lines. 856. Harg. omits 'Provided . . . abiure' (+ FH, Pet., C278). See SR, iv.846 for 35 Eliz., c.2. The provision was also added to the other bill for obedience: see SR, iv.843. 857. A marginal note in a different hand reads: 'Yt shoulde have ben in parchement'. 858. Harg.: 'and' (+ Harl.i, Harl.2, FH, Pet., C278).

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2. 3. 4.

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The Eighth Parliament: 19 February—10 April 1593 men not to come to church.859 So this bill should take hould of all such, save that it should be lawfull for the father to keepe his sonns or their wyves in his house, or if the sonns were more able then the fathers that the sonn might keep his father or mother or brethren without danger of the law. This they did not offer as a thinge they had agreed uppon in any bill but proiected it as a matter they would fynde our mindes in, how we would accept it if it came downe to us. Sir Thomas Henage desired to have some answer from the House that they might retorne to the Lordes in these matters. But the House thought / it not fitt to have their censure preoccupated, or to returne an answer of allowance to a bill before the bill came into the House. Some did contradict it as not standing with the priviledge of the House.860 Sir Robert Cecil did urge it, but the House against him would not retorne any other answer but this: if their Lordships sent the bill into the House they would consider of it accordingly. Uppon Saturday the xxxjth of March the clergy subsidy read. Their bill cometh ingrosed in English in forme as all other bills, and also the same is sent in Latine under of the scale of Caunterbury: for York diocesse is not assessed by Parliament. This bill passeth allwayes uppon once reading. The graunt was twoe subsidies at 4s in the pounde, the valuation of every living according to the rate in the Queen's booke. All colledges and livinges belonging to colledges excepted. Also Winchester, Eaton, and Westminster colledges excepted.861 The bill for plunkettes, asures, and blues passed. The bill for Stonehurst862 river passed. The bill for continuance of statutes passed. A proviso was ingrossed in the bill for geving larger power to justices of peace uppon the statut of 18 Elizabeth for punishinge of bastard getters.863 This day the proviso was agayne mislyked. Many thought too liberall to leave it to the discretion of a justice of peace to have power to whipp one that should offend that law. The cheif reasons against it were: first, the punishment thought slavish and not to be inflicted uppon a liberall man. Sir John Unton sayd, 'Natura me mitem fecit, respublica severum neuter crudelem , but this he thought too cruell. Est et miserdordia puniens et iustitia parcens. I Secondly, the malice of a justice of peace feared, that uppon ill-will might geve this correction to one not offendinge if he were accused by a whore. Thirdly, the case might chance uppon gentlemen or men of quality, whom it were not fitt to putt to such a shame. On the contrary syde many good reasons were yeelded to inforce the punishment by whipping, and those reasons answered as was easy to doe. Uppon many contradictorye voyces and speaches the motion was made by the Speaker to have a proviso added, which he drew then presently. The proviso was that noe person offendinge in that pointe of the lawe should be whipped by the discretion of the justice if the sayd party who begatt the bastard would keepe and maintaine it at his owne charges, and not leave it to the charge and almes of the parish. This provision he added because it was cleerly delivered by Sergeant Harris to be the resolution of the judges, and their practise too, that a man offendinge that statut might by the


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discretion of the justice be whipped, but playnly he that would keepe the childe could not be whipped. This proviso of Mr Speaker was not lyked nether, but many would needes have the clause of whipping cleane left out of our new act, and that point in the statut of 18 to be explaned not to extend to whipping. Uppon dissention it was agreed that a committee should goe upp presently to the chamber and agree how to have it. They dissented lykewise and could not agree, but some would now have the olde la we of 18 to stand wholly as it was without addition or864 alteration. Mr Wrath shewed good cunning to reduce it to this otherwise I feare the act would have passed / shamefully. Others would have the old law stand, but with this explanation that v. it should not extend to whipping. Much a doe was made how a question should be made of this, for the question could not be in the disiunctive, without explanation or with explanation, ffor sayd Mr Speaker, 'Oportet orationes esse simplices'. So these twoe questions were made. 'First as many as would have the new proviso, added to the new bill, put out, say "I".' And it was affirmed T. So the ingrossed bill for this proviso was rased. The second question, 'As many as will have the old law to be explaned say "I", as many as will not have it explaned say "No".' The House was devided uppon this question, but we of the 'No' gott it 28 voyces. In this matter there rise865 a doubt because the House uppon a question the day before had agreed this proviso should be added to the bill, whether now a new question could be made of it. But agreed cleerly that a proviso or any other thing being uppon one day by a question to be annexed to the bill, the same thinge the next day must have a question for the passinge, and uppon this question it may be reiected; for the former question was for allowance only to have it added and not passed. Mr Broughton moved matters for the antiquitye866 and priviledge of the House uppon Fitzharberte's case. Mr Arthur Hall in his parliament867 sett forth, had infamously sayd that our parliamentes were but of yesterday; they were assembled for graunting of subsidyes only: fFor these and worse speaches of our Parliamentes by act concluded in the House is perpetually excluded for ever being of the House agayne.868 859. Stowe omits 'or would . . . church'. Harg. adds 'and whereas in the former bill there was a penalty that yf any man did reteyne such in his howse as came not to church att all'. 860. Harg. omits this sentence (+ FH, Pet., C278). 861. Harg. omits 'Their bill. . . excepted' (+ Harl.i, Harl.2, FH, Pet., €278). 862. See above, £.48. 863. Harg. adds 'Of this there was much debate' and omits the following account of it; Harl. i has neither the additional sentence, nor the account of the debate (+ Harl.2, FH, Pet., C2y8).

864. Stowe omits 'addition or'. 865. Sic. form of past tense. 866. Harg.: 'authoritye' (+ Harl.i, Harl.2, Pet., C2y8); FH omits 'antiquitye . . . and'. 867. Sic. 868. Harg.: 'Mr Arthur Hall was excluded for ever to be of the Parliament Howse for saieinge that our parliamentes wer never assembled but for grauntinge of su[b]sedies with other such speeches'. The entry is placed before the first mention of Broughton (+ Harl.i, Harl.2, FH, Pet., 0278).

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Mr Broughton shewed record of Parliamentes holden some before the Conquest, one in anno 969. Shewed a president for priviledge graunted in f.82 Parliament / holden anno 11 Edward 3 where were so many dukes and so many barons.869 The name of dukes the rather noted for that before this tyme no dukes were created, the kinges of England holding that dignitie incident unto themselves. Matters were cyted out of a booke intituled Ordo Parliament for Mr Fitzharberte's case, he being arested and elected all in one day, whether this might make any doubt for distinction of the tyme, and how the whole day shall be included in the act, where not: cyted some auctorities.870 Two bills were this day sent from the Lordes, one an addition to the statut of 23 Elizabeth intituled 'An act to containe871 her Majestie's subiectes in their due obedience', the other against buildinges about London, converting of great houses into tenements, inmates, and against inclosures about London. Aprill 3 Uppon Monday the third872 of Aprill 1. The bill of Devonshyre carsyes read the second tyme and committed. 2. The amendment of wevers' wages to be referred to the statut of 5 of this Quene.873 3. The bill against recusantes explaning the statut of 23 Elizabeth intituled 'An act for the contayning874 of her Majestie's subiectes in more due obedience' with some additions to that act. Seducers of men to [be] adiudged traytors. To extend to seditious sectaries that meete in conventicles and refuse to come to church. He that by printing, writing, or otherwise by open speaking shall deface our devine service, or shall be taken assembled in conventicles, shall be imprisoned three moneths. If after three moneths such person shall not conforme himself then to be abiured as in case of felony. If he be conformed then to make submission. For keeping any offender aforesayd after notice geven of the party x1 a moneth to be forfeted, except the party be committed to him, v. or be father, / mother, brother, sister, or sonn to him that keepeth him. Mr Speaker in opening this bill craved attention, for the bill was waighty and the matters craved good attention to be well conceived. This bill was an explanation of the former law of 23 Elizabeth and an addition in some thinges. Two thinges are in the law which were in the statut of 23 Elizabeth:875 such as should seduce, and such as should perswade men in opinion. Two thinges ells here not punishable by the statut of 23: every obstinat recusant such a one as will refuse of obstinacy to come to our church; every one that by printing, writing, or otherwise by expresse wordes perswades men to forbeare from our church. This man was not punishable by 23 Elizabeth but the876 that is a recusant and shall perswade men, this man is to be taken within 23. He that perswadeth men to come to conventicles, this man to be punishable by three moneths imprisonment. If he conforme himself then he is to goe free. Within the three moneths he must be requested; if he be not requested he may offer his owne conformity. The party refusing to be conformed is abiured. After abiuration and before departinge if he conforme himself he is to be receaved. But uppon a relapps no redemption. The second branch of the statut is, no


man after notice geven him of a recusant to kepe him in his house, uppon payne to forfett for every moneth so keeping one xx1;877 except the recusant be committed to him or be father, mother, brother, or sister to the party keepinge him.878 Act against inmates and buildinges about London,879 to be the880 hinderance unto the lawfull recreation of the citisens, a pesteringe of the City with poore, and a dispeopling of the contry, drawing so many / to inhabit thereabout. It enacteth no person hereafter to erect any house within London or Westminster, or within three miles of any of the gates of London, except it be the enlarging of some old house that was, or except it be building for one that is v1 [goods] in the subsidy booke or 3' landes. No person to inhabit that house except he be v1 goodes or 3' landes in the subsidy booke. If he be not, to forfett for every moneth's inhabiting in such house v1. If the party inhabiting such house be no fitt subsidy man then the house to be removed and reunited to the old house. This for brevitie referreth to the proclamation in that behalf.882 If the owner of any such house suffer a party not fitt as aforesayd to inhabite the house, he to forfett v1 a moneth. No person to take into house any inmate or undersitter uppon forfeture of v1 a moneth, except the sayd persons be v1 goodes or 3' landes in the subsidy. No feildes nere London or Westminster or within three miles of any of the gates of London to be inclosed, or impaled, or otherwise severed from the open common where stakes have stoode and archers have used to shoote. The forfeture for inclosing v1. Proviso: this act not to take away the punishment for any the offences abovesayd by any law former, or by amercement in the leete or courte of any lorde. Provided also this act not to extend to any maryner's house that shall be certefied by the Lord Admirall to be a mariner building uppon the wharf a house of a certaine bigness 869. C. Wittke, The History of English Parliamentary Privilege (1921), p.23, citing Elsynge, refers to claims for freedom of speech temp. Edward III. H. Elsynge, The Manner. . . (1768), p.177 simply refers to the Commons' frequent discussion of, and uninterrupted petitioning 'directly against,' the King's prerogative. 870. Harg. omits 'where were so ... auctorities' (+ Harl.i, Harl.2, FH, Pet., €278). Harl.i has 'n Elizabeth' rather than '11 Edward 3' (+ FH, Pet., C278). Hooker's (Vowell's), The Order and Usage of the Keeping of a Parlement in England (1572) does not seem to have been published under a Latin title. 871. Harg.: 'contynew'; Pet.: '. . . act concerninge . . . ' ( + FH, 0278). 872. Recte 2 April; Harg.: ':'.

873. Harl.i omits this entry ( + Harl.2, FH, Pet., 0278). See SR, ^.414-22 for 5 Eliz., c.4 (1562—3). 874. Harg.: 'contynuinge'. 875. Stowe omits 'and an ... Elizabeth'. 876. Sic. 877. Sic. see above, where 'x' is given. EP, ii.28i, 287, 293 has £10. 878. Harg. omits this long account of the bill from 'Seducers of. . .'. Harl.i does not note the bill at all (+ Harl.2, FH, Pet., C278). 879. Harg. adds 'the preamble supposeth the number of buildinges aboute London' (+ FH, though 'citizens' rather than 'preamble', and Pet., C278, though 'priviledge' rather than 'preamble'). 880. Harg.: V (+ FH, Pet., €278). 881. Sic. 882. See Tudor Proclamations, ii-466—8 for 1580.

155

s881 £.83

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appointed him, which house also shall not be used for typpeling or other trade. Provided also this act not to extend to any hospital built about or neere London. This act to continue for 7 yeares and thence to the end of the next parliament.883 / 884 v. 6 The act against counterfeting of Privie Councelers' handes. Whosoever shall counterfeit any Privie Councelor's hand, or any great officer's as the Lord Chaunceler, Lord Treasorer, Lord Admirall, Lord Chamberlayne, Lord Deputy of Irland or Warden of any of the Cinque Portes or marches, if the party were apprehended and could not yeeld sufficient proofe for the hand, the same party should be sett on the pillory and suffer any other corporall punishment whatsoever (not being unto death) that should be inflicted by the Queen's Privy Councell. This bill was now read the third tyme and uppon the question it was dasht with a flatt no. The bin against rescuing of partyes arested and for better execution of 7 sss processe, being now putt to the question was lykwise dasht with a no. For Mr Dalton's pleasure it had two noes before it would yeelde.886 887 8. A new bill for maymed soldiers came in this day. sss The justices of peace in every shyre to assesse all parishes in England and 9 Wales at a certaine somme of money to be payed weekely. No parish to pay above viijd and none under ijd; and this somme to be levyed uppon subsidy men such as are charged v1 goodes or 40* landes. Whosoever shall refuse to pay, the justices of peace to have auctority to distrayne him. In every county twoe to be appointed treasorers by the justices of the shyre. Every soldier maymed to repayre into the county whence he was pressed, and to bring with him a certificate of his hurtes and services, and every of these certificates to be first £.84 allowed by the generall mustermaster of England. / To every such soldior the treasorer of every county shall allow x1 a soldier by the yeare. To every lieutenant xv1 yearly. These treasorers to continue but one yeare, and then to accompt unto the justices. Now where some lesser shyres are pestered with more soldiers then the greater counties are, it shall be in the auctority of foure Privy Councelors to appoint what countyes shall contribute to the mayntenance of the soldiers in an other county. Aprill 4 Uppon Tuisday the 4* 889 day of Aprill a bill concerning bruers. The act recyteth the statut of 23 Henry 8890 shewing that uppon that law there cometh little good, wherfore prayeth to have enacted that now no ale nor beare to be brued but of two kyndes: stronge ale and smale ale. Of everye quarter of make three barrells of stronge to be brued and no moe. Of smale sixe and no moe. To brue at one tyme a whole gyve of stronge ale or stronge beere and not to brue stronge ale and smale ale together. That to remayne of worte that shall be lefte in a every bruing, the bruer to put as much more make to it if he rebrue it. For execution of this law the officers in every towne to enter any house and search. The offender in this statut to be committed to prison without baile or mainprise. Every person offending thrise in this law to forfeit xx1 for every offence.


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After this bill read Mr Bacon reported the bill for releif of poore soldiers, which was twise read the day before and committed that day in the afternoone, and this day graunted to be ingrossed. God send as good speed as here was haste. The committees abated the proportion to jd and vjd so provided that every towne in England one with the other payes or is helped by an other to pay / ijd a yeare. Countyes wherein there are not above 50 parishes to be v. charged by discretion of the justices and not by parishes.891 The House was informed that the Lord Keeper had sent the record of Fitzharbert's execution hether to the House. The Chauncery man who brought it was called into the barr and appointed to read the record, but he read not ut dericus and so the House appointed the Clark of the Parliament to read the record. The writt sent out of the Chauncery was annexed to the record. The wordes of the writt,892 were according as every habeas corpus is: 'Tibi praedpimus', etc, 'quod habeas corpus Thomas Fitzharbert quocunque nomine censeatur et datum apud Westmonasterium f die Martii anno 35 Elizabethae. The sherife's retorne: 'Deliberatum fuit hoc breve 15 die Martii anno supradicto, sed ante adventum istius brevis scilicet 3° jfebruarii Anno 35 captus fuit Thomas ffitzharbert et in prisona detentus virtute brevis', etc. And so the record recyted all the writtes of execution that were out against him, and the capias utlagatum. There were in nomber 22 against him. Dalton to the retorne of the writt. 'The retorne of the writt being made into an other corte and the record it self being in an other court, we cannot be judges of the matter nor enlarge the party. And as to the retorne me thinkes it therfore insufficient, because it was not into this courte. But yet I see not how we could be judges of the retorne, for the nomber of voyces in this case is not to adiudge the law, if it be a good retorne or not, but that which is law will notwithstanding rest for law notwithstanding893 our voyces.' Therfore he thought that priviedge of894 privatio legis in this case could not be graunted. 883. Harg. omits 'It enacteth . . . parliament' (+ Harl.i, Harl.2, FH, Pet., C2y8). 884. Sic. Harg. omits the bill's details, noting only that it was 'redd and dasht' (+ Harl.i, Harl.2, FH, Pet., €278). 885. Sic. 886. Harg. omits this sentence (+ FH, Pet., €278). 887. Sic. 888. Sic. Harg. omits the paragraph 'The justices . . . county' (+ Harl.i, Harl.2, FH, Pet., €278). 889. Sic. recte 3 April. 890. 23 Hen. VIII, c.4 (1531-2) in SR, iii.366-8. 891. Harg. omits details of these two bills:

'A bill concerninge brewers red. The bill for releife of poore souldiers reported by Mr Bacon. The House was informed . . .' (+ Harl.i, Harl.2, FH, Pet., €278). 892. Harg.: '. . . appointed to read it ut dericus, and the Howse appointed; the writt sent out of the Chauncerye annexed unto the record; the wordes of the writt. . .' (then follows MS; Harl.i, Harl.2, FH, Pet., 0278 follow); FH omits 'And so ... against him' (+ Pet., €278). 893. Harg.: 'for all' (+ Harl.i, Harl.2, FH, Pet., C278). 894. Harg.: 'que esf (+ FH, Pet., €278).

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The Eighth Parliament: 19 February—10 April 1593 Brograve. The retorne of most of the writtes shewed are generall, not mentioning the day or yeare. Only one that sheweth the day, yeare, and / tyme of the day when he was taken and put in execution, that was the third day of February anno 3 5 Elizabeth about 7 of the clock in the morning. Therfore by this the certaine tyme of his being in execution appeareth.895 'As to the matter of priviledge the case to me is very doubtfull, for the presidentes896 in these cases are very rare and so the matter restes more in doubte. This court for the dignity and highnes of it hath priviledges as all other courtes have, and as it is above all other courtes so hath it priviledges above any courte. And as it hath priviledg and iurisdiction, so hath it also coertion and compulsion, otherwise the iurisdiction in a courte is nothinge if it have not coertion.' Therfore it seemed to him that the retorne of the writt ought to have bene retorned into the Court of Parliament. But whether the retorne is to be made into the Upper House or into this House, that is an other matter. For in many cases we have devided iurisdictions, and the Upper House hath iurisdiction by it self. Therefore if any servant of a noble man were arested they might make their writt of priviledge retornable before themselves and geve him priviledge: and here in this House if one that is a member of this House and hath sitten here be arested sedente parliament we are to geve him priviledge. But if he be taken before his comminge hether now it is not in our power to deliver him, but we must have the assistance of other courtes. As in such lyke cases the use is in other courtes. As if the action be a mayme, whether this be a mayme or not the court will not iudge till those that have science of such thinges affirme it to be so. And so where a matter grammaticall, or belonging to ecclesiasticall knowledge, is in question the opinion of civilians and gramarians is first known / before iudgment be given. So here in this case897 we are not to resorte to the Lorde Keeper898 as judge, for as he is speaker in the Higher House899 he is noe person that hath a voyce to geve, so can he be no iudge in these cases. But we ought900 to desire instruction from the judges of the realme whether in these cases by lawe we can graunt priviledge or no. For of priviledge there be twoe writtes issuing out of this House. One is a generall corpus cum causa. This is graunted uppon an apparant cause of priviledge, as if a member of the House be taken sedente Parliamento. The other writt is called a writt of Parliament. This is graunted when the cause is to be iudged by the parliament. But whether priviledge is grauntable to the901 party or no, it is not apparant. And in this case the Lord Keeper nether cannot be iudge. But here the whole record is to remayne and we, with the advise and opinions of the judges, are to consult if the party be to have priviledge. Therfore seinge this courte hath coertion in it self, let us with the advise of the judges proceede as we have power, for if we geve away our coertion, we graunt away our iurisdiction. Sergeant Harris. The record remayning in Chauncery this House is sufficiently possessed of it, even as in case of all the retornes of knightes and burgesses. Frances Bacon. The retorne is well made, for the retorne is a relative to the issuinge of the writt that must be made under a scale; but we have no scale,902


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and consequently can make no writt, and so have no retorne of any writt. Now for the coming hether of the writt as by a note from the Speaker it is made in Chauncery, so from thence / it is transmitted hether. For taking assistance of f.86 the judges he lyked the course well, for though we sitt here to make lawes, yet till a new law made the old is in force. And our conference with them geveth away no resolution from us but taketh advise only from them. Winch thought the retorne should have bene into this House. He cyted these cases, how and and903 in what sorte uppon a writt of error sued here the writt used to be retorned: 22 Edward 3 fol. 3, 17 Edward 3, i Henry 7 Flowerdue and Pyne's case fol. 22.904 It should seeme by Trewmand's905 case, 38 Henry 8, the writt of priviledge is never retorned but the party appering the court proceedeth.906 He thought also that this record came not in by due course because it was only sent by a Chauncery man and not transmitted hether by any writt as the court doth allwayes that removeth a writt out of it.907 Mr Speaker after all these had spoken desired to knowe of the House if for their better information sake they would geve him leave to speake, which the House willingly graunted, for they desired it, at least I did.908 'For the better discharge of my owne duty and informinge of your iudgementes who I knowe will iudge wisely and iustly, I will deliver to you what I have learned and what I have observed. For ever since the beginninge909 of this parliament I thought uppon and searched after this question, not particularly this case, but this point of the priviledges of the House, for I iudged it would come in question uppon many occasions. This question is drawen to twoe heades, one about the writt, the other for the retorne. First whether / the writt might have gon out of this v. House; secondly whether the writt ought to have bene retornable into this House.910 I will tell you playnly my opinion, and I beseech you lett me not be 895. Harl.i omits 'Brograve . . . appeareth' (+ Harl.2, though including 'Brograve', FH, Pet., C278). 896. Harl.i: 'priviledges' ( + FH, Pet., C278). 897. Harg.: 'courte' (+ Harl.i, Harl.2, FH, Pet., €278). 898. Harg.: 'to his Speaker' rather than 'to the Lorde Keeper'. 899. Harg. adds 'he is no speaker in the Higher House'. 900. Harl. i omits 'not to resorte . . . ought' (+ Harl.2, FH, Pet., 0278). 901. Harg. alters to 'this'; FH: 'this' (+ Pet., C278). 902. Harg. omits 'but we have no scale'; FH omits 'but we ... any writt' ( + Pet., 0278). 903. Sic. 904. Harg. omits '22' and 'Flowerdue . . . 22' (+ Harl.i, Harl.2, FH, Pet., €278);

905. 906.

907. 908.

909. 910.

Harl.i: 'Edward 3. 3 and 27 Edward 3 and i Henry 7' (+ Harl.2, though '17 Edward 3', FH, Pet., 0278, though? 'Elizabeth' rather than 'Edward'). See YB 22 Ed. Ill, 3; Flowerdew and Find appear in YB Hen. VII, 20, where 22 Ed. Ill is cited. Sic. see below (f.88) for the case. Harg. adds: 'To this in this matter did many others speake much and diverslye'. Harg. omits 'He t h o u g h t . . . it' (+ Harl.i, Harl.2, FH, Pet., C2y8). Harg. omits 'for they . . . did' (+ 0278); Pet. omits the whole sentence after 'Mr Speaker'; FH omits 'for they . . . Conquest) this' because f. 108 has been removed. Harg.: 'lodginge' (+ Harl.2). Harg. omits 'secondly . . . House' (+ Harl.i, Harl.2, Pet., €278).

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The Eighth Parliament: ig February—10 April 1593 ill thought of if I be round in that I say. For it is my fault I cannot speake so mildly as some, but my manner is that [which]911 I speake is sharply and somewhat roundly, but allways with this tacite condition, submittinge my self to any better reason that shall be shewed me. Though any courte of recorde hath this iurisdiction to make out proces, yet this courte cannot. But this may seeme strange why every courte in Westminster, every courte that hath counsans of plee,912 every leete and every courte baron hath this power that they may make out processe, and yet this courte being the highest courte of all courtes, yt cannot make out processe! How can that be? The nature of this House must be considered, for this House is not a courte alone; and yet there be some thinges wherein this House is a courte within it self, and other thinges wherein it is no courte913 of it self. To knowe then how we were one House and how now we come to be devided Houses, this would be scene, and this will geve great light to the question. At the first we were all one House and all satt together: by a president which I have of a parliament holden before the Conquest by Edward the sonn of Etheldred (for there were parliamentes before the Conquest) this appeareth. A grave member of this House delivered me a booke which is intituled Modus Tenendi Parliamentum.9™ Out of that booke I learne this, and if any man desire to see it I will shewe / it him. That shewes me how we satt altogether.915 But the commons sittinge in presence of the Kinge and amongst the nobles dislyked it and found fault that they had not free liberty of speech. Uppon this reason, because they might speake more freely being out of the royall sight of the kinge and not amongst the great lordes so farr their betters, the Howses were devided and came to sitt a sender. A bolde and worthy knight at that tyme when this was sought, the kinge desiring a reason of this their request and why they would remove themselves from their betters, answered stoutly916 that his Majestic and the lordes there every one being great persons represented but themselves, but his commons though they were inferiour men yet every one of them represented a thowsand men; whose answer was well allowed of. But now though we be removed in seat are we therefore devided in courtes?917 No. For if any writt of error be brought, as you shall see a notable case in 22 Edward 3,918 this writt must be retorned in Parliament, that is the whole House, cheifly then to the Higher House.919 Now when a record is removed uppon a writt of error geven in an other courte, the manner is the cheif justice of that courte bringes the recorde in his hand to the House, but humbly sheweth unto the House that the record being removed out of the courte no execution can goe forth though the iudgement be affirmed. The courte of Parliament thereuppon makes a transcript of the whole record / and remaundes the record it self to the court againe; but if the iudgement be reversed then the record it self [is] canceled or rased. This I read in my booke, for in this case whatsoever any man tells me I beleive not except I see it written. Quod non lego non credo in these cases. In the 23 of this Queen I was of counsell with one in the case where we tryed all means to reverse a iudgement and brought a writt of error in the parliament, and the writt was issuing out of the parliament. Uppon the scire facias was "teste920 Regina" and


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under the great scale of England, and the writt was retorned in Parliamento. So this is playne that the writt is allways retornable in Parliamento, but if in Parliamento, then into the Higher House, for of that House we are but a limme. This writt then I have scene thus retorned, but never any man saw a writt retornable in communi™ dome Parliamenti. So for this I hold the writt can not be retorned into the House. But now to the auctority we have: for though this be true, I say yet I speake it not to take any priviledge from this House. And some thinges there are wherein we alone have922 auctority. But this is very certaine: whatsoever we doe sedente Parliamento it is the act of the whole courte. The Lordes without the Commons nor the Commons without the Lordes can doe nothinge. Now then at the first before the devision of the Howses all writtes were retornable proximo Parliamento, but since the devision of the Howses, it hath bene airwayes used and playnly it must be so retorned in the923 Chauncery. And / to say we cannot have notice of it nor cannot iudge uppon f.88 the record being in the Chauncery and not before our selves in this Courte,924 playnly we may: even as well as we doe uppon the retorne of every burges, which is made into the Chauncery, and the case is all one. And the Chauncery in making the writt will not alter from that their warrant made from this House, which must be according to the auncient forme. For waighting uppon my Lord Keeper by your commaundement for the making of this writt, I desired to have a recytall added in these wordes "Quod cum Thomas Fitzharbert existens de Parliamento", etc, "captus sit"925 etc, with a recytall of the cause of priviledge. My Lord Keeper conferring with the judges uppon it would not allow it, but thought better the usuall forme of a generall habeas corpus should be kept, and noe supposall of priviledge untill there appeared cause of priviledge for the party. As for the booke of 33 Henry 8 for so is the roll, 911. Harg. adds 'which' as an insertion. 912. Harg. has 'causes in plee' (+ Harl.2); Harl.i: 'cognizance . . .' (+ Pet., C2y8). 913. Stowe omits 'within i t . . . courte'. 914. See Vernon F. Snow, Parliament in Elizabethan England: John Hooker's 'Order and Usage' (1977), p.89 and n.33 for this passage. For the Modus, see N. Pronay and J. Taylor, Parliamentary Texts of the Later Middle Ages (1980), ch.II, esp. pp.56-8. Hooker's Order, including the Modus, was evidently circulating in MS and privately published form, quite apart from the published edition of 1572 (Snow, pp.26, 33). 915. There is a marginal note in the hand of earlier marginal comments: 'ehu!'. 916. Harg.: 'shortly' (+ Harl.i, Harl.2, Pet.); FH: 'bouldly' (+ 0278).

917. Harg.: 'howses' rather than 'in courtes' (+ Harl.i, Harl.2, FH, Pet., C278). 918. YB 22 Ed. Ill, 3. 919. Harg. adds 'for wee be but a lymme of that Howse' (Harl.i, Harl.2, FH, Pet., €278 follow). 920. Harg.: 'com'; Harl.i: 'domino1 (+ Harl.2, FH, Pet., C278). 921. Harg.: (?) 'Lymmni'; FH: 'into the Lower House' rather than 'in communi domo Parliamento' (+ Pet., 0278). 922. Harg.: 'allowe' rather than 'alone have'; Harl.2: '. . . we have all' (+ Harl.i, FH, C278). 923. There is a marginal comment in the hand of earlier marginal comments: 'Mirum'. 924. Harg. omits 'and not. . . Courte' (+ FH, Pet., C278). 925. Harg.: Juit' (+ Harl.i, Harl.2, FH, Pet., C278). '

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Trewinarde's926 case recyted in my Lord Dyer, I have heard great men of learning say that case is no lawe, and the House did more there then was warrantable. Now for the motion of conference with the judges in the case of Thorpe 31 Henry 6, a notable case whereof I have the record. Thorpe was Speaker in that Parliament, being sommoned to be in June it was proroged till September. In the meane tyme Thorpe was taken in execution by the Duke of Yorke, he thought no withstanding this to have the priviledge of the Parliament at the next session. Uppon the matters being waighty, and gravely927 considered whether he could have the priviledge or noe, a conference / in the case was desired with the judges. The judges being required in humble sorte refused, excepte it were so that the House did commaund them, for in the House of Parliament were the cheife judges, and their judgmentes controlable by that courte: but if the House did commaund them they would willingly informe what in their opinions they knew and thought. This they did in the great case of Thorpe, and I thinke we shall doe well in doeing the lyke.' 'Now an other thinge lett me tell you, the tyme is to be considered. For judids officium est ut res ita tempora rerum. This consideration of tyme must accompany a judge's office. The parliament draweth to an end and this would be done with expedition.' So the party was appointed to have his councell here too morow and they heard were to have advise of the judges. Uppon Wedensday the 5928 of Aprill. The bruers bill with the additions to be ingrossed. The Lordes' bill for explanation uppon the statut of 23 redd, and in this bill only all the day was spent. Divers spake in it as Sir Thomas Cecil, Sands, Fuller, Lewen,929 Sir Thomas Henage, Sir Robert Cecil, Sir Edward Dimock, and Finch.930 Fuller. The law is dangerous to good subiectes and needlesse for them it should punish. The statut of 23 is not truly explaned by this law, for this explanation makes scismes931 to be equall with seditions and treasons, which is against the equity of the former law. Once932 refusall to come to church is an obstinat refusall within this law. Whosoever writeth or speaketh in these matters of controversy is within the danger of this law, for if he write or speake against any thinge that / is auctorised by law though he write not with a malitious intent against the Quene, yet uppon the statut of 23 it is taken playnly if he write or speake, it shall be intended malitiously. And therfore of late the juror that would not fmde the thinge written to be written malitiously against the Queen, for in his conscience he thought the party had no such meaninge, yet933 he was fyned a hundred markes for refusing to fynde it malitiously. Sir Walter Raleigh counted the Brownestes in his conscience worthy to be rooted out of any common wealth: but what danger may grow to our selves if this law passe, it were fitt we considered. It is to be feared that men not guilty might be included in it. The law is very hard that taketh life or sendeth into banishment, where men's intentions shall be iudged by a jury, and they shall be iudges what an other meant. But that a law be against a fact that is but iust, and punish the fact as severely as you will. If 2000 or 3000 Brownestes


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meete at the sea, at whose charge shall they be transported, or whether will you send them? 'I am sory for it, I am afrayd there be 10,000 or I2,ooo934 of them in England: when they be gone who shall may[n]taine their wife and children.' Finch. There be great faultes in the preamble and in the body of the bill. It pretendeth a punishment only of Brownestes and such sectaries, but throughout the whole bill not one thinge that concerneth only the Brownestes.935 If we make a lawe against Baroestes and Brownestes let us sett downe some note of them who they are. But / as this bill is not to come to church or to speake v. against the goverrnent established, this is not the opinion of the Brownestes. This law that is intituled an explanation is nothing lesse then936 that it hath a name of [yt],937 ffor lawes explanatory are no new lawes of themselves, but parte of the old. So there ought nothinge to be in the declaratory law that was not in the former. As appereth in the case of Souch938 and Stowell, the statut of 32 being but an explanation of the 4 Henry 7, infancy needed not there to be pleaded.939 The case of Unpton940 and Hyde uppon the statut of wills cyted for explanation.941 This law beinge allowed to be an explanation of 23 that makes all the offenders in that statut to be traytors. This law excepts no persones, so all are in the former penalty. And that law of 23 is for such only of the Romish religion, and now to make it include all other opinions is to make addition to it, but no explanation. The clause of speaking against any of the lawes established is very dangerous, for who can be safe from this: non hospes ab hospite tutus?42 To a man'[s] neerest frend it is not safe to speake; ffor though a men943 speake but944 against nonresidency, excommunication as it is used, or any other abuse in the Church, he incurrs the danger of this lawe. The clause against conventicles is very dangerous, for the conference of any persons together being any nomber, the prayers and holy exercises in any place not 926. Harg.: Trewman'; Harl.i: TrewynmanceY ( + FH, ? Pet., C2y8); Harl.2: Trewynman's. Harg. omits 'for so is the roll' (+ Pet., Harl.i, Harl.2, FH, C2y8). The case, for 36 and 37 Henry VIII, is printed in English Reports, 73, pp. 131-5 (see also pp. 122-3). 927. Harg.: 'greatly' (+ Harl.i, Harl.2, FH, Pet., 0278). 928. Recte 4 April. 929. Stowe: 'Lewis'. 930. Harg. omits 'and in ... Finch' (+ Harl.i, and FH, Pet., €278 also omitting 'Fuller' which follows, Harl.2) at this point, though the note comes below, after 'malitiously' (omitting Fuller and Finch). 931. Harg.: 'felonies'; FH: 'chismes'. 932. Sic (+ Harg., Pet., 0278). 933. Harg. omits (+ FH, Pet., €278).

934. Harg.: 'neere twenty thowsand' (+ Harl.i, Harl.2, FH, Pet., 0278). 935. Harg. alters to 'that concerneth a Barowiste'. 936. Harg.: 'save' (+ FH); Pet.: 'els' (+ €278). 937. From Harg. 938. Harg. alters to 'Sutton'; Harl.i: (?) 'Sournand' (+ FH, 0278); Harl.2: 'Suchand'; Pet.: 'Sourand'. 939. See 32 Hen. VIII, c.36 (1540) in SR, iii.789-90 for 4 Hen. VII, c.24. 940. Sic. 941. Harg. omits 'infancy needed . . . explanation' (+ Harl.i, Harl.2, FH, Pet., €278). See 34 & 35 Hen. VIII, c.5 (1542-3) in SR, iii.904 for wills and Unton. 942. Ovid, Metamorphoses, i, 144. 943- Sic. 944. Harg. omits 'ffor . . . but'.

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The Eighth Parliament: 19 February-10 April 1593 allowable allredy by the lawes is an assembling against the law. For the word is very straight:945 whoso / ever doth any otherwise and not only contrary, so the maner being altered though not contrary to the law, the offence is all one. These are faults in the preamble. Now in the body of the law. The worde[s] lawes ecclesiastical!' be not such as are meant in anno primo Elizabethae in that statut;946 but such947 are intended in this statut. And the annexing of the wordes that he must be an obstinat recusant and also write, or speake, etc, this is very suspitious, for obscuris vera involucre94* is never good. Whosoever repareth not to his owne proper parish is a recusant within this,949 for that is an950 otherwise then the law appointeth. This bill was much in debate and so longe till we were wery of it, some desiringe a committee of it, some rather wishing a deferring till further speach, others doubting if it should be putt to question for committing it might be dasht; ffor this was allowed cleere: if a bill be denyed committing uppon the question askt, it is dasht.951 At last this bill was committed. Uppon Thursday the yjth952 of Aprill. The bill for buying of yarne and selling it agayn passed. This day Fitzharbert was heard and the matter receaved iudgement. Fitzharbert's dett to the Queen was 1400', to others 4000'. The iudgement of the House was that he was not to have priviledge, i. being in execution before his election though the same day of his election, 2. in execution at the Queen's suite, 3. and taken in execution nether sedendo in Parliamento, I nor eundo, nor redeundo.9^ Brograve thought that in cases of felony a man could not have priviledge though954 sedente Parliamento. Sergeant Harris: 15 dayes before the parliament or 15 dayes after, priviledge is grauntable and no other tyme. The bill for transportinge of cask passed. The bill for maymed soldiers passed. Uppon Fryday the vij955 of Aprill. A bill for confirmation of the Queen's lettres patentes explaning the statut of 34 Henry 8.956 The bill for Devonshyre carsyes passed. An act to avoyd the spirituall livinges of those that have forsaken this realme and adhered to the Romish religion.957 The bill for rating of spinners' and wevers' wages passed.958 The act for outlawes to be within the statut of bancroutes dasht. Sent upp to the Lordes this day viij bills. The soldiers bill Devonshyre carsies Popish recusantes Continuance of statutes Avoydance of spirituall livinges Lord Vaux his bill Spinners and wevers. Clapbord bill.959 After these bills redd and sent upp Sir Thomas Henage of himself tolde the House what he found by the lordes of the Upper House. They thought we cared little for them in that we seemed to reiect their bill and had so mangled

Journals:!. Anonymous journal, 19 February-10 April it cutting of the hedd, mayming960 the body and leving it / no legges. Wherfore he moved the House as thinking it a thinge safest for us and fittest to conferre with their Lordshipps about it before we proceeded further with it. But by divers in the House it was thought we could not conferr with the Lordes about it untill the comittees had made some reporte to the House; and it seemed the committees had rather overthrowen961 the bill then allowed962 it to be brought in againe.963 A president was shewed by Mr Wroth that the last parliament the Lordes sent downe a bill which being dislyked in our House they demaunded for a conference with us, but this House utterly dislyking of the bill would not agree thereunto. But for answer to the Lordes made a collection of all their obiections against the bill and sent it upp by the handes of twoe knightes, who had only auctority to deliver those obiections drawne against it and not to reply with any defence for the reason of our so doing. Uppon diversity of opinions there grew a question whether we should conferr with the Lordes about this bill of recusantes or no; and agreed to a conference.964 After this, one Weston Wellin a Dutchman and John Leytborne a sergeant were called to the barr to answer a contempt offered to the House for aresting Mr Auditor Nele,965 a member of the House during this Parliament. By censure of the House they were both committed to the Tower till Monday morning. 945. Harg.: 'strict' (+ Harl.i, Harl.2, FH, Pet., €278). 946. See SR, ^.350-5. The words 'laws ecclesiastical' do not appear as such in the 1593 act (SR, ^.841-3). 947. Harg. adds 'as' (+ FH, Pet., €278). 948. Harg.: 'm volumine; FH omits ( + Pet., C278). 949. Harg. adds 'etc', omitting the rest of the sentence (FH, Pet., 0278 follow). 950. Sic. 951. Harg. omits 'and so long . . . dasht' (+ Harl.i, Harl.2, FH, Pet., 0278). 952. Recte 5 April. 953. Harg. omits 'The iudgement. . . redeundo (+ Harl.i, Harl.2, FH, Pet., 0278); Harl.2 has '400' rather than '4000'. Harg. (Harl.i, Harl.2, FH Pet., 0278 follow) includes the passage after Brograve's contribution, and also omits 'Hams'. 954. Harg.: '. . . priviledge as in followeing [?] though yt were that hee was utlaghed. . .' (Harl.i, Harl.2, FH, Pet., 0278 follow). 955. Recte 6 April; FH has 'Wednesdaie 4° Aprilis' after the re-positioned 'redeundo above, and then notes the casks and

kerseys bills, omitting the soldiers bill and the others noted here under 7 April, continuing with 'After these bills. . .' and Heneage's speech (thus placing it under Wednesday 4 April); Pet. also has 4 April (though setting out the events as in MS), omitting one of the five bills, as well as the eight bills, though noting that they (unnamed) were sent up (4- 0278). 956. 34 & 35 Hen. VIII, c.2i (1542-3) in SR, iii.920-2. 957. Harg. adds 'passed'. 958. Harg. omits this entry (+ Harl.i, Harl.2, Pet., €278). 959. Harg. omits this list (+ Harl.i, Harl.2, Pet., 0278). 960. Harg.: 'mooveinge'; Harl.i: 'mangling' (+ Harl.2, FH, Pet., 0278). 961. Sic. 962. Sic. 963. FH omits 'and i t . . . againe'. 964. FH ends here, resuming at the bill concerning 34 Henry VIII on Monday 9 April, though placing it under 'Thursdaie 5° Aprilis'. 965. Commons sub Neale, Francis.

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The imprisonment was appointed no longer uppon doubt the / parliament would end that day.966 Uppon Saturday the viijth 967 of Aprill Mr Anthony Cooke's bill sent back from the Lordes with a saving that is usuall in all men's bills, a generall savinge of the Queen's right, which saving we had omitted: passed. The bill for soldiors sent back from the Lordes with a proviso that it should be for the releif of all soldiers maymed since '88, and that hereafter should be maymed, for our act was only in the present tence, for soldiers maymed passed. The bill against bruers passed. The bill for suppressing of iron mills neere Cranbrooke968 committed till the next parliament.969 A bill for naturalising of Doctor Humfrey's children.970 Act for avoydinge of twise layd cordage that no cabells used to be new tarred over and so solde for new to the great distruction of the navye.971 The act for explanation of the statut of 34 Henry 8 confirming all lettres patentes. This statut lookes back to all purchases made of any landes belonging to any abbey or church living since 27 Henry 8.972 It concerns only church landes purchased from the Queen or her progenitors. It confirmeth also the endowment of all deane and chapters with any of these landes. And these be the two speciall branches of it. The end of the bill is to make the Kinge lawfully in possession of all abbey and church landes whereof there is any charge in any auditor's booke; notwithstanding no record of the dissolution of the house, / relinquishment of it, certificat, comission, or other record do appeare of it. It was doubted that this bill went in affirmation of bishopps, therefore suspected by some what purpose it had. The bill was committed.973 The bill of recusantes meant for Brownestes brought in question agayne this day.974 The proceeding of this bill was in a strange course, and I thinke extraordinary, therfore I will note it. Before it came downe into the House the Lord Treasorer in a conference about other matters proiected some generall partes of the bill, seeking thereby to finde the inclynation of the House. Sir Thomas Henage hereuppon seemed the next day to taske975 the opinions of men and would have had an answer geven to their lordshipps, who desired to know how our likinges would be of such a bill if it came. We refused to make any answer, but if the bill came downe we would thinke of it as should appertaine. Uppon Saturday the bill was read the first tyme. Uppon Monday very late in the day and after xj of the clock the bill was offered to be read. Mr Wrath976 sayd the day was spent, it was a bill of great importance and would require much speaking too, and therfore wished to have it deferred till better leasure and longer tyme might be spent in it. The bill was pressed much to be read, many of the House rose and would not heare it read. The Privie Councell and many others satt. So a question was made if it should be read, and it was denyed by a 'No'. Uppon Tuisday it was read: divers excepted against many thinges in it. It was committed to be sitten / uppon, Wedensday in the afternoone. Uppon Wedensday in the afternoone a great comittee mett by 3 of the clock. But Sir John Fortescue had the bill, so as we satt there till


167

nygh fyve of the clocke doing nothinge, for till fyve he and Sir Robert Cecill came not with the bill, they having bene at the Court with the Queen. After they came we fell to the bill presently. Uppon a motion of Mr Fuller's the whole committee assented to the stryking out of the title and the whole preamble. No man spake for it. So of went the hedd of it at one blowe. When we came to the bill many faultes were found in the penning of it and divers mischeifes in the law which might intrapp the best subiectes. The title and preamble being stricken out, we went about a great while to make the law. After a while it was thought we went preposterously to worke to make a law and not to understand first for what person. So because Brownestes and Baroest were thought the men meant by this bill we would have had some description of them, that they only and such as held their opinions should have bene meant by that bill. A booke was offered shewing all the Brownestes' opinions, they being xij speciall articles. It went currant a great while to have these xij articles sett downe, and whosoever should holde all them, the lawe to remayne as it was wholly in force against such. The name of xij articles was thought would be odious, and whether he that held all or the most part of them should be within the lawe, that was diversly holden. In end we agreed that whosoever / being an obstinat recusant should holde that we had no Church, that we had £93 no true sacramentes, nor no true ministry, and should write, printe, or speake, etc, and should perswade any men to these opinions or be at any conventicles where these opinions should be maintened, this man soly to be within the law. And the penalty to be for the first offence 3 moneth imprisonment; for the second to leese one of his eares; for the third to be abiured or to be felony, that was lefte undecided whether. Thus the committees having sitten till viij of the clock ended, and Mr Brograve was appointed to draw a bill according to these amendmentes. Sir Thomas Henage the next day it should seeme having understanding that the Lordes dislyked this alteration of their bill reported how that the committees could not agree uppon the bill but rather had reiected it, whereuppon he signified the Lordes were offended their bill was so reiected. Hereuppon he moved to have conference with their Lordshipps about it. This was stood uppon but at last yeelded. In conference, which was that afternoone being Fryday, the Lordes used us very honorably and respectively 966. Harg. omits this paragraph (+ Harl.i, Harl.2, Pet., C2y8). 967. Recte 7 April. 968. Harg.: 'Scanbroke' (+ Harl.i, Pet., 0278); Harl.2: 'Stanbroke'. 969. Harg. omits 'till. . . parliament' (+ Harl.i, Harl.2, Pet., €278). 970. Harg. omits this entry (+ Harl.i, Harl.2, Pet., 0278). 971. Harg.: 'An acte for cables' for the entire entry (+ Harl.i, Harl.2, Pet., €278). 972. 34 & 35 Hen. VIII, c.2i in SR, iii.920-2.

973. Harg. omits 'confirming a l l . . . committed' (+ Harl.i, Harl.2, Pet., C278). 974. Harg. has 'The bill for explanancion upon the statute of 23 Elizabeth committed and passed', and then continues with Monday 9 April's entry, so that the whole section on the 'strange course' of this bill in Cotton, to f.95, is omitted (+ Harl.i, Harl.2, Pet., 0278). 975. OED: reprove, censure; Stowe: 'take'. 976. Sic.

168

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f.94


gave audience to all our exceptions, and yeelded to amend what we would. The judges who it seemed drue the bill would have maintened it, but it could not be with good reason so the bill was altered in all pointes to be as now it is. This day it came in againe; the alterations were so many that Mr Brograve was fayne to draw it into a new bill. Yet because the first bill must stand and these be but alterations of it, the amendmentes were made in notes annexed to the bill. This day some exceptions were further taken to the bill, so it was in question whether it should be committed or no. The Councell were much against the committitting977 of it because the parliament grewe so neere to an ende / as then it would not have tyme to passe. Uppon Sir Robert Cecill's motion the doores were shutt and a comittee was appointed to goe upp to the upper chamber and there sitt upon it, every one that would take any exception to the bill was desired to goe upp. The bill uppon this committee was mended in many wordes. Only this would not be graunted to be amended: where it is 'whosoever shall impugne, withstand, or deny her Majestie's power and auctority in causes ecclesiasticalT, some would have had it 'whosoever shall deny her Majestic to have power in causes ecclesiastical!'. The bill came downe agayne with his new amendmentes uppon this committee. Now none spake directly against it. We satt till after three of the clock about it. It was put to the question whether the old bill with all those additions should passe or no. And it passed freely. The bill is intended against Brownestes only, but yet the Privie Councelors would not have it only beare the badge of them, but goe generally against recusantes as it is. In which it was generally meant no man to be within the danger of this law who is not an obstinat recusant. And an obstinat recusant only is not punishable by this law, but he must be a recusant and also a perswader or a resorter to conventicles. So that if he offend not in two of these thinges at once he is not punishable. In the branch who soever shall impugne or deny her Majestie's auctority in causes ecclesiasticall, whosoever shall speake against pluralities, non-residency, excommunication as it is used, and such other abuses in the Church and ecclesiasticall goverment, this man not meant to be / within the danger of this branch, except he deny her Majestic to have power to graunt dispensations, etc. By the worde 'conventicles' no meetinge for conscience or other divine uses are understoode, excepte in the sayd conventicles there be conference about some thinges forbidden in this act. The reach of this worde 'conventicles' was much feared. The act was desired to have continuance but till the first session of the next parliament because it should continue no longer then her Majestie's life. But the Lords of the Councell would not have those wordes used to continue but (during her Majestie's lyfe), because her death should not be mencioned. The clause in this statut of sectaries wherein recusantes are brought to pay x1 for their wyves' recusancy was very cunningly gayned uppon the House, for many there were who had speciall eye to both the statutes of recusantes, that no such thinge might be inserted which might wynde them within such a penance. The clause that now standeth in the sayd statut was also put in the tayle of the first bill of recusantes which passed not, but then Sergeant Harris dasht that clause in the

Journals: i. Anonymous journal, i. The Queen's speech, 30 November (second version)

293

We trust ther resides in their conceites of us no such simple care of ther good whome we so dearely prise, that our hand should passe ought that might iniure any, though they doubt not yt is lawefull for our kingly state to grant guiftes of sundrie sortes of whome we make election, either for service done, or merit to be deserved, as beinge for a kinge to make choyce on whome to bestowe benyfites, more to one then an other. You must not beguile your selves, nor wronge us, to thinke that the glosinge lustre of a glitteringe glorie of a kinge's title may so extoll us that we thinke all is lawfull what we list, not caringe what we doe. Lord, howe farre should you be of from our conceites. For our parte we vowe unto you that we suppose phisition[s'] aromaticall savours, which in the top of ther potion they deceive the patient with, or gylded drugges that they cover their bitter sweet with, are not more beguylers of sences then the vantinge boast of a kingly name may deceive the ignorant of such an office. I graunt that such a prince as cares but for the dignitie, nor passes not howe the raynes be guided so he rule, to such a one yt may seme an easie busines. But you ar cumbred (I dare assure) with no such prince, but such a one as lookes howe to give account afore an other trybunall seate then this world affords, and that hopes / that, if we discharge with conscience what he biddes, will not laye v. to our charge the fault that our substitutes (not beinge our crime) fall in. We thinke our selves most fortunately borne under such a starre, as we have bene enabled by Code's power to have saved you under our raygne, from forreyne foes, from tirantes' rule, and from your owne mine; and do confes that we passe not so much to be a quene, as to be a queene of such subiectes, for whome (God is wittnesse without boast or vaunt) we would willingly loose our life ere se such to perish. I blesse God he hath gyven me never this faul[t] of feare, for he knowes best whether ever feare possest me for all my daungers: I knowe yt is his guift, and not to hide his glorie I say yt. For were yt not for conscience and for your sake, I would willingly yeild an other my place, so great is my pride in raygninge, and as she that wisheth no longar to be, then best and most would have me so. You knowe our presence cannot assist each action, but must distribute in sundrie sortes to dyvers kindes our commaundes. If they (as the greatest number be commonly the worst) should (as I doubt not but some do) abuse their charge, annoy whome they should helpe and dishonour ther kinge, whome they should serve: yet we verely beleeve that all you will (in your best iudgment) discharge us from such guyltes. Thus we comend us to your constant faythe, and your selves to your best fortunes.'

I. These sentences are in contemporary hands, the latter the same as the text. Underneath, in a later hand, is the following: 'Cambd. p.63 5 b 3 v 7',

though the reading is dubious beyond '635', and the version of the speech which appears in Camden's Annales is very truncated.

6. [Commons] The Queen's speech, 30 November (third version) Text from BL Harley 169. This version of the speech seems to be the basis for other MS and printed texts which appeared long after the event: it is part of Ralph Starkey's collection of transcriptions. The BL Egerton 2877 copy is part of Gilbert Freville's commonplace book (which includes material drawn from the late-sixteenth century and the early decades of the seventeenth) and is to all intents and purposes identical with the printed version to be found in BL Harl.6o56, said (STC, 1986 edn.) to have been produced by about 1628, at the same time as another printed version (STC, 7579): Egerton's principal differences with BL Harl.i69 are omissions, while Harl.6038, a late seventeenth-century (or later?) copy, has further omissions. Other printed versions of the speech appear to derive from that printed in Harl.6056, and are closely related to Egerton 2877 in particular; see, e.g. Harl. Misc., ii.376-8, Sowers Tracts, i.244-6. Harley 169 has been compared here with the MSS versions in BL Egerton 2877 and Harleian 6038, with Ellesmere (El.) 2571, and with All Souls 155. There are further texts in: Oxford: Queen's College, 121. Bodley Add. 0307. Cambridge: University Library 335. London: Inner Temple Petyt 538/17.

Harley 169, f.45 Queene Elizabethe's speeche in the parlemante time one Mondaye the xxxth of Novembere 1601. Hir Majestic beinge sete under state in the Counsell Chamber at Whithalle, Mr Speakere, accompaniede with alle the Prevy Counselleres of oure House besides knightes and burgesses to the number of eight score, presentinge them selves at hir Majestie's feete; and after an homble thankes signefied to hir Majestic by Mr Speakere for that so graciouslye and speedelie she hade harde and yeilded to hir subiectes their desire; and proclaimed the same in their hearinges.1 'Mr Speaker, we perceave your comminge is to present thankes unto us. Knowe it I accepte2 with noe lese joy then your loves can have desire to offere

6. Queen's speech, 30 November (third version)

such a presente, and moare esteeme it then any tresure or riches, for that wee knowe to prize,3 but loyaltie, love and thankes I counte unvaluable. And though God hath raised me highe, yet this I esteeme moste the glorie of my crowne, that I have raignede with your loves. This makes I doe not somuche reioice that God hathe made me to be a queene as to be queene over so thankefulle a people, and to be the meane under God to conserve [you]4 in saffety and preserv you from daungere, ye [a] to be the instrumente to delivere you from dishonore, from shame, from infamye, to keepe you from out of servetude and slavery undere our ennemyes, from cruelle tyranye and ville oppression intended against us. For better withstandinge wherof we take very acceptably your intended helpes, cheefly in that it manefestethe your love, loyaltye5 and largenes of hartes unto your sovereigne. Of my selfe I muste say this. I nevare was any greedy scraping g[r]asper, nor a straight6 faste-holdinge prince, nor yet a wastere. My harte was never sett one any worldlie goodes, but onlie for my subiectes' goode.7 What you doe bestowe one me I will not hoorde it uppe, but receave it to bestowe on you again, ye[a] myne owne properties I account yours to be expended for your good; and your eies shalle see the bestowinge of all for your saftye.8 'Mr Speaker, I wold wishe you and the reste to stand upe, for [I feare]9 I shall yet treble yow with longer speeche. Mr Speker, you brought me thankes, but I am more to thanke you and them; and I charge yow thanke them of the Lower House from me, for had I not by them receaved a knoledge I might have fallene into the lapes of an error onlye for lacke of true information. 'Since I was Queene did I nevere put my pene to any graunte, but uppon pretexte and semblance made to me for the good and availle of my subiectes generally, thoughe a privat profet to some of my auncient servantes who I helde had merited well; but that my grauntes sholde be made greevances to my people and opressiones preveleged under collor of our pattentes, our kinglie10 dignetie shall not soffer it. And when I herde it I cold geve no reste unto my 1. Egerton omits 'and after an homble . . . by Mr Speakere'; Harl.dojS omits the whole paragraph (+ £1.2571). All Souls has 'The Queene to the Speaker at Whitehall in the parliamente, anno 43, set downe by Mr Phillips' instead of this paragraph. This may simply refer to the person responsible for obtaining this copy of the speech; or perhaps to the member present who recorded it in the first place: Edward Phelips (Somerset) and John Philipps (Pembrokeshire) had both been members of the committee on monopolies. (Commons). 2. Egerton: 'Know I accept them' (+ Harl.6038).

3. Harl.6o38: 'for the value of them I know'; Egerton: 'for those wee know how to prize'. 4. From Egerton (+ Harl.6o38, All Souls, £1.2571). 5. £1.2571 omits. 6. Egerton: 'strict' (+ Harl.6o38). 7. Harl.6o38 omits 'but onlie for my subiectes' good'. 8. All Souls: 'good' (+ £1.2571); Egerton: 'the bestowing of it for your welfare' (+ Harl.6038). 9. From Egerton (+ Harl.6038, All Souls, £1.2571). 10. Egerton: 'princely' (+ Harl.6o38).

295

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The Tenth Parliament: 27 October-ig December 1601 thoughtes untill I had reformed it.11 And thos knaves, varlates, lewd persons, abuseres of my bountie shall knowe I will not suffer it. And Mr Speker, tell the Howse from me I take it exceedinge gratefulle that the knolege of thes thinges is come to me from them. And thoughe amonge them the princepalle memberes are suche as are note touchede in theire private, therfor neede not speake from any feelinge [of the]12 greefe, yet we have harde that other gentlemene also of the Howse who stand as free have spoken freelie in it, which geves us to knowe that no respectes or interestes hathe moved them, other then the mindes they beare to suffere no dimunission of our honor and our subiectes' love, the zealle of which affection, tendinge to ease my people and knite their hartes unto me, I embrace with a princely care above all earthely tresure. [I]13 esteeme my people's loves moar then which I desire not to merite. And God that gave me heare to sitte, and sett me over you, knowes that I never respected my selfe but as your good was concerned in me. Yet what / daungeres, what practices, what perelles I have passed, some yf not all of you knowe, but none of thes thinges never or evere had the powere to ma[ke] me feare; yet alas, who am I whome thes thinges might not have affrightede? But it is God that hath strengthened and delivered me, for he is almightie. And in my14 governinge I ever had grace to set the laste judgemente daye before myne eyes and so to rulle as I shall be iudgged, and to answere befoare a higher judge to whos judgment seate I appeale, that never thought was cherished in my harte that tendrede not to my people's good. And yf my kingely15 bountye have bine abused and my grauntes turned to the hurte of rny people contrarie to my will and meaninge, or yf any in authoretie under me have neglected or perverted16 what I have committed to them, God I hope will not laye their culpes unto my charge. 'To be a kinge and weare a crowne is a thinge moare glorious to them that see it then it is plesante to them that bear it. For my selfe, I was never so muche intized with the potente17 name of a kinge, or royall authoretie of a queene, as delited that God had made mee his instrumente to maynetayne his truthe and glorie and this kingdom from dishonore, domage, tyranye, and opressione. But shall I ascribe anythinge of this to my selfe or my sexelie wekenes, I weare not worthie to live, and of all moste unworthie of thes mercyes I have from God. But to God only and whollye all is to be18 gevene and ascribed. The cares and trebles of a crowne I cannote resemble moare fittelye then to the confection19 of a lernede phesition, perfumed with some aromaticall savor to take awaye the quesye distaste of the patiente20 or to bitter pilles gilded over by which is made acceptable or lese offencyve which indeede is lothesome and unplesante.21 And for my parte wert not for conscyence sacke to discharge the dutie which God hathe layd uppon me, and to mayntaine his glorye and your safty, in my owne disposition I shold willingly resigne the place I holde to another, and glade to be free from the glorie with the labor, for it is not my desyre to live nor raigne longer then my lyfe and raigne shalbe your good. And thoughe you have hade, and maye have, many mightier and wiser primes sitting in this seate, yet you never had nor shall have anye that will

6. Queen's speech, jo November (third version)

love you bettere. Thus Mr Speaker, I comend me to your loyall love, and you to my beste care and your furthere counselles: and I praye you, Mr Controwler and Mr Secretarye,22 and you of my Counselle, that befoare thes gentlemen departe into their countreyes, you bringe them all to kise my hande', etc.

11. Harl.6o38 omits 'untill I had reformed it'. 12. From Egerton (+ Harl.dojS, All Souls, E1.257I). 13. From Egerton (+ Harl.6o38, All Souls, £1.2571). 14. Egerton: 'thinges do moove me or ever made me feare, but it is God that hath delivered me. And in my'; Harl.6o38: 'ever moved me or made me fear, but it is God that hath delivered me. And in my . . .'; All Souls: 'me feare. For God hath yet ever given me the harte never to feare forraigne or home enymies. I speake it to geve God the praise, and as a testimonie before you, but not to attribute any thinge unto my selfe. For I, o Lord, whoe am I, whome these practises and perills past shoulde not have made to feare, or what can I doe,

15. 16. 17. 18. 19. 20.

21. 22.

that I should speake for my glorie, God forbidd. But it is God that hath delivered, for he is allmighty. And in my'. £1.2571 omits 'none of thes. . . affrightede', and continues 'But it is God that hath delivered. And in my governing . . .'. Egerton: 'princely' (+ Harl.6o38). Egerton: 'converted' (+ Harl.6o38). Egerton: 'glorious' (+ Harl.6o38, All Souls, El. 2571). MS repeats. Egerton: 'drugges' (+ All Souls). Egerton omits 'to take awaye . . . the patiente', as does £1.2571; All Souls also omits, as well as the words 'to bitter pilles'. Harl.6o38 omits this sentence. El.2571 omits 'and Mr Secretary'.

297

[journals: Commons] Hay ward Townshend's journal, 27 October— 19 December 1601 Text from Oxford: Bodley, MS Rawlinson A.ioo (hereafter 'Rawl.'). Other texts. London: BL Cotton F.ii (and its copy Stowe 358), an incomplete version stopping in the middle of Robert Cecil's speech on 24 November (hereafter 'Cott.'); Egerton 2222 (hereatfer 'Eg.'); Harley 2283 (hereafter 'Ha2'); Harley 7203 (hereafter 'Hay'); Stowe 362 (hereafter 'St2'); Stowe 363 (hereafter 'St3'). Inner Temple, Petyt 573/16 (herefater 'Pet.'). PRO SP 46/166, a fragment only, stopping at the Speaker's request for privileges (not collated here). Cambridge: CUL MS Dd.2.39D (hereafter 'Cam.'). Hertfordshire: CRO Gorhambury B.XII.i6 (hereafter 'Gor.'). Northamptonshire: CRO Finch-Hatton 48 (hereafter 'FH'). Printed. Historical Collections (1680). Used extensively by D'Ewes.

Rawlinson A.ioo, fos.i—i8iv The jurnall or abstract of so muche as passed in the Lower Howse at the Parleament holden at Westminster begining the xxvij day of October, being Simon and Jude's Even, in the 43 yeare of 1 Queene Elizabeth, and the yeare of our Lord 1601, which parliament ended the xixth day of December following. Collected by Mr Heyward Touneshend, being a burgess for Bishope's Castle for the said parliament.2 27 October Tuesdaye3 The ffirste daye4 of the parlament, beinge the xxvijth daye of October, aboute three5 of the clocke in the afternoone, the Queene's Majestic went by land to Westminister Churche,6 rideinge in a charriott made all open, onlye7 like a canapie over8 her head9 beinge of clothe of silver or tyssue, with all the bishopps and lordes in their parleament robes accordinge to their degrees,10 beinge11 marshealled by the heraldes, she went I saye to Westminister Churche where was made unto her a sermon by [blank].12 After the hearinge wherof, she went to the Upper Howse of Parleament wher, beinge sett a while and the knightes and13 burgesses of the Lower Howse beinge sent for, the doore kepte soe that they went not all14 in, notwithstandinge some ffewe weare within by

Journals:Townshend's journal, 27 October-ig December some specyall meanes before, and heard the Lord Keeper's speeche made unto them, which is after in effect delivered by Mr / Secretarye Cecill15 in the Lower Howse, fol. [blank].16 Soe that after the knightes and17 burgesses had stayed a good while, it was tould them that the Lord Keeper's speeche was donne, and theruppon every man went out discontented.18 In the meane space, duringe all the tyme that her Majestic was at the sermon, the Lord Admyrall19 came into the Courte of Requestes, and ther beganne to calle the knightes and20 burgesses by the polle; and alsoe to sware them at the same tyme. But because that course seemed to tedious, he stayed tyll Sir William Knowles, Controwler of the Howshowlde, Sir John Stanhop, Vice-Chamberleyne, Sir Roberte Cecill, Principal! Secretarye, and John Herberte esquyer, Second Secretarye, came, whoe weare all comeinge up the Hall ffrom the Upper Howse together, and then onlye the burgesses and 1. Pollard suggests that Rawlinson is an 'early' MS because the deleted word 'our' appears before 'Queene Elizabeth'. This assumes that 'our' could apply only to a living, or recently deceased, Queen. More mundanely, the word may simply have been misplaced in the process of copying, properly belonging, as the scribe realized, before 'Lord' on the following line. In this incipit it is easy to see how the clerk's eye might have wandered to the next line as he copied his source BIHR, 14 (1936-7), 151. 2. This incipit is common - with only minor variations - to St2 and Ha2 which add 'in Shropshire' after 'Bishope's Castle'. All the other MSS adopt the form of Petyt: 'An abstracte of certayne observacones (sic) notes and other thinges in the parleament holden . . . December anno 1601 aforesaid', though St3 (+ FH, Cam.) adds, 'with the manner of proceedinges etc. Collected by Heyward Townesend of Lincoln's Inn', and Cott. (+ Stowe 358, Gor., and the SP 46/166 fragment) simply adds 'with the maner of proceedinges etc.' Thus six MSS (+ SP 46/166) have no attribution of authorship in their tides. 3. Dates and days appear in the margins throughout the MS. 4. St2 omits. 5. Cott.: 'tow'. 6. 'Abbey' was used in Townshend's journal in 1597 (f.i); see Pollard and

7. 8. 9. 10.

11. 12. 13. 14. 15.

16.

17. 18. 19. 20.

Blatcher in BIHR, xii (1934-5), 4. n-2 for D'Ewes' alteration to 'Church'. St2 omits. St2: 'on'. Eg.: 'cannopie at the toppe' (+ Ha7, Pet., Cott., Cam., St3, FH, Gor.). Eg.: 'with all the lords and others in their degree' (+ Ha7, Pet., Cott., Cam., St3, FH, Gor.). St2 omits. Cam. omits 'and [blank]' (+ St3, FH, Gor.). Cam. omits 'knightes and' (+ Cott., St3, FH, Gor.). Cam. omits (+ Cott., Pet., FH, Gor.). Eg.: 'by our Speaker' (+ Ha7, Pet., Cam., St3, FH); Cam. has (in margin) 'Delivered by Secretary Cecill, fol. [blank]' (+ Sts), and St3 gives the folio number as 'n', where Cecil's account appears; FH (in margin): 'delivered by Secretary Cecill'; Gor.: 'by our Speaker to the Lower Howse fol. 22' (where it appears, though the MS is numbered by page rather than folio). Cott. omits 'fol. [blank]'; the report of Egerton's speech appears here at fos.iov-12. Cam. omits 'knightes and' (+ Cott., St3, FH, Gor.). Cott. 'went into the Howse againe discontent'. Townshend commented on Howard's elevation in his 1597 journal (f.iv). Eg. omits 'knightes and' (+ Ha7, Pet., Cott., Cam., FH, Gor.).

299

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300

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The Tenth Parliament: 27 October-ig December 1601 knightes21 weare called. After that22 the Lord Admyrall and Mr Secretarye Cecill went up to the Upper Howse, but Mr Comptroler, Mr23 John Stanhoppe and Mr Secretarye Herbert went to the space24 before the Parleament Howse doore, wheare they sware25 all them of the Lower Howse confusedlye, 4 at one tyme,26 6 at another, 8 at another, takeinge their names, whoe sware, who not.27 And still as every man was sworne, he went into the Howse and tooke his place as yt best liked him. When all weare sworne and the Queene come to the Upper Howse and the / Lord Keeper's speeche ended, as abovesaid, then all the Privye Councell of the Lower Howse came in28 thether and satt quyett a while; after whose sittinge and then29 puttinge their heades a little together, Mr Comptrowler rose30 up and spake to this effect. That is was an ancyent custome that at these tymes some men should breake silence, 'and I muste confesse that at this tyme it belonges to my place. It is needles to shewe the use of this Howse, because yt is well knowne to all, or moste, heere. All men of discretion knowe that the speeche of a multitude breedeth confusion and dissention. It is therfore ffytte ffor us to chuse one to be our Speaker, which ffor his experyence maye speake, and ffor his sufficyencye dare, and can, speake in all our behalfes and affayers; neyther doth it stand with the honor and ancyent useage of this Howse to speake but by one; neyther is yt answerable to the state of her Majestie to deliver unto her our myndes by the tounges of a confused multitude. Then we are to ffall into consideracion what manner of person he should be. First a man religious, ffor religion ought to be the ffoundacion of our buyldinge and our labors; then31 honestie,32 grave, wyse, ffaythfull and secrett.33 These virtues must34 concurre35 in one person, able to supplie this place. Nowe, haveinge delivered unto yow the necessitye of a Speaker, and his quallityes, I will deliver unto / yow my oppinyon whome I thincke fFitt for the place, deferringe36 yt to your consideracions. And ffor my owne parte, not preiudiceinge the worthe of any in this Howse, I deeme Mr John Crooke, Recorder of London, to be a moste fFitt and able man ffor this service '(at which wordes Mr Crooke put of his hatt with a kind of straunge admyracion)'37 whose sufficiencye in all respectes and his loyalltye and ffaythffullnes to doe our common weale service is well knowne unto us, and hath bin often approved by his learned speeches divers tymes delivered before hir Majestie. I doe not attribute soe muche to my owne choyce, that I presume to assuer yow ther ys noe man heir ffitter ffor the same then he is, but I onlye make bould to deliver my oppinyon [referinge]38 the choyce of him, or any other, to the ffree ellection of every39 perticular member of this Howse. And ffor the motion which hath bin made toucheinge the keepinge out40 of the Howse dureinge the tyme of the Lord Keeper's speeche, I doe assuer yow it was not41 wittinglye donne, but thoroughe42 ygnoraunce of the groome of the Chamber. But yf the Howse be desirous to heare the effecte43 therof I will intreate some that weare there at that tyme to satisfye their desyers.' The cause of which proclose44 was ffor that one Mr Leigh,45 dureinge the tyme of the Commons' swareinge, made a complaynte to Mr

Journals:Townshend's journal, 27 October-ig December

Comptroler, sittinge in the Howse, that they / tooke yt in great46 disgrace that they weare kepte out. After which speeche made, the Howse satt silent a little and the Councell puttinge47 their heades together, and afterwardes Mr Comptroler stood up agayne and asked the Howse of their conscent and oppinyons to his mocion.48 Wheruppon everye man cryed 'I, I, I'. Then Mr Recorder stoode up in his place and breiflye shewed unto us his insufficyencye and dissabillitye, his willingnes to serve but his weaknes to performe, his thanckefullnes ffor their desier but the smalenes of his owne deserte. And soe layeinge open his owne infirmtyes, both ffor shortnes of memorye and wante of wisdome and experyence ffor the undertakeinge of soe greate a burthen, he humblie prayed that they would choose a man whoe ffor his sufficyencye weare more able, and ffor his habillitye weare more sufficyent, to supplye that place. Soe sittinge downe, and the Howse a little quyett, and the Councell puttinge their heades together, Mr Comptroller asked yf they agreed as before. Soe all aunswered 'I, I, I'. Then Mr Comptroller and Sir John Stanhoppe rose up and Sir John Stanhoppe on the right hand and Mr Comptroler on the left, led him to the Speaker's seate, wheare standinge, without any sittinge downe as yett, he pawsinge a while, spake agayne in effect as followeth:49 / 'Your honorable50 choyse of me, without any my desert,51 estoppes me 21. Eg. omits 'and knightes' (+ St2, Hay, Pet., Cott., Cam., FH, Gor.). 22. St2 omits. 23. An apparently casual approach to the 'correct' use of 'Mr' and 'Sir' is often evident in these MSS: indeed, there are sometimes inconsistencies within a single MS, as here (see above where 'Sir' is correctly used). These variant readings have not been noted hereafter. 24. Cam.: 'place' (+ Cott., FH); Hay omits 'to the space'. 25. Cott.: 'placed'. 26. Cott.: 'locke'. 2y. Stj omits 'who not', and has a gap. Cf. Townshend for 1597 (f.iv-2), and HC, P-352. 28. Eg.: 'then all the Councell came in' (+ Hay, Pet., Cam., FH, Gor.); 813: 'then all the counsells came in'. 29. Cam.: 'them'; FH omits. 30. Eg.: 'stood' (+ Hay, Pet.). 31. Cott. omits. 32. Sic 33. St2 (+ Ha2): 'discreete'. 34. Cam.: 'might'; FH: 'ought to'. 35. Cott.: 'conclude'.

36. St2 (+ other MSS); 'refferringe'. 3y. Cf. Townshend's comment on Yelverton in the 1597 journal (f-3v). 38. From 813 (+ other MSS, except St2: 'leavinge'); Cott.: 'referringe the choise of him an other day to the free . . .'. 39. St3: 'any'. 40. Cam. omits. 41. Cott. omits. 42. St2: 'but the roughe'. 43. Cam.: 'substance' (+ FH); Eg. (+ Hay, Pet., Gor.) omit 'the effecte'. 44. Sic (+ St2); other MSS: 'perclose' (OED: proclose = foreclose; parclose = conclusion). 45. Commons assumes Francis Leigh, rather than Peter Legh. 46. St2 omits. 47. St2 omits 'silent a little and the Councell puttinge'; FH: 'councell consulted together'. 48. FH: '. . . and opinions and mocion'. 49. St2: 'without any sitting downe, and yett pauseinge a while, spake agayne in effecte as followeth'. 50. St3: 'humble'. 51. St3: 'desire'.

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The Tenth Parliament: 27 October—19 December 1601 ffrom pleadinge eyther insufficyencye or dissabillitye lest I should shewe and make52 my weaknes more apparaunte by seekinge53 to dissaprove54 the censure and good allowance of the honorablye55 assemblye of this Howse. But howsoever seeinge yt hath pleased yow to enable me in this sorte, this I dare and can assuer yow, that yow might have chosen manye more worthie but none more reddye to have shewed his uttermoste endevors in this servyce; which choyce, seeinge yt hath proceeded out of your ffavors undeserved on my parte, I will, as God shall enable me, shewe myselfe, ffor the generall good of this assemblye, moste carefull and to every particular member moste respective and thanckfull.' Whereuppon he satte downe and putt on his hatt.56 And after a little sittinge and pawse, Sir William Knowles, Comptroller,57 rose up and58 said yt was her59 Majestie's pleasuer that wee should be readie to present our Speaker on Fridaye next at one a clocke in the afternoone. Soe ffor that daye everye man departed home tyll Fridaye ffollowinge, beinge the xxxth daye of October.

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30 October, Fridaye.60 At which tyme in the afternoone, aboute one of the clocke, the Speaker and all the Howse weare reddye in the Lower Howse sittinge and talkinge pryvatelie, and then word was brought that / her Majestic was come by water to the Upper Howse. Soe the Privye Councell and the Speaker, with the whole Howse went to the Upper Howse doore61 and ther stayed a longe halfe hower, before sutch tyme as they weare lett in. After beinge come in, the Upper Howse was sett and the Queene under the [canopy of]62 state. The Speaker standinge at the barre belowe made three lowe reverencees, which done he made a speeche to her Majestic in effect thus mutche: 'Moste sacred and mightie soveraigne, uppon your Majestie's commaund your moste dutyfull and loveinge Commons, the knightes, citizens and burgesses of the Lower Howse, have chosen me your Majestie's most humble servante, beinge a member of the same Howse, to be their Speaker. But my selfe, ffindinge the weaknes of my selfe and my habillitye to weake to undergoe soe greate a burthen, doe moste humbly e beseeche your sacred Majestic to contynue your moste gratious ffavors towardes me and not to laye this chardge, soe unsupportable, uppon my unworthie and unable selfe, and that yt would please yow to commaund your Commons to make a newe ellection of another more able and more sufficyent to dischardge the greate servyce to be appoynted by your Majestic and your subiectes. And I beseeche your moste excellent Majestic not to interprett my deny all herin63 to proceed ffrom any unwillingnes to / performe all devoted dutifull services, but reyther out of your Majestie's clemencye and goodnes to ynterprett the same to proceed ffrom that inward ffare and tremblinge which hath ever possessed me, when heertofore with most gratious audyence yt hath pleased your Majestic to licence me to speake before yow. For I knowe and must acknowledge that under God, even thoroughe your Majestie's greate bountye and ffavor, I am that I am, and therfore none of your Majestie's most dutyfull subiectes64 more bound to be readye and

Journals:Townshend's journal, 27 October-ig December beinge readie to performe the least of your Majestie's comaundementes. I therfore doe most humblie beseeche your Majestic that in regard the service of soe greate a prynce65 and fflourisheinge kingdome66 maye the better and67 more succesfullye68 be effected to commaund your dutifull and loveinge Commons, the knightes, citizens and burgesses of the Lower Howse, to proceed to a newe ellection.' Then after he had made 3e reverences, the Queene called the Lord Keeper to whome she spake some thinge in secrett. And after the Lord Keeper spake in effect thus muche: 'Mr Speaker, her Majestic with69 gratious attention haveinge hard your wyse and grave excuse70 ffor your dischardge, comaunded me to saye unto yow that even your elloquent speeche of deffence of your selfe ys a greate motyve and a reason very perswasive both to rattiffye and approve the choyse of her loveinge Commons, the / knightes, citizens and burgesses, as alsoe to commend their wyse and discreet71 choyse of your selfe in her gratious censure, both ffor sufficyencie well able and ffor your fformer ffidellitye and service well approved of.72 And therfore her Majestie taketh this choyce73 of yow ffor bonum omen, a signe of good and happie successe, when the beginninge is taken in hand with soe good wisdome and discretion. Her Majestie therfore conimaunded me to saye unto yow that she well liketh of your ellection, and therfore she rattefyeth yt with her royall assent and conscent.'74 Then Mr Speaker, makeinge three lowe reverences answered in this sorte: 'Most sacred and moste puissant Queene, seeinge it hath pleased yow to commaund my service by consentinge to the ffree ellection of your dutyfull and loyeall subiectes the knightes, citizens and burgesses of me to be their Speaker, I most humblie beseeche your Majestie to give me leave75 to shewe unto yow the dutyfull thoughtes and earnest affections of your loyall subiectes to doe your Majestie all services76 and to deffend your sacred and royall person, both with their lyves and goodes, agaynst', etc.77 And soe made a vehement 52. 53. 54. 55. 56. 57. 58.

59. 60. 61. 62. 63. 64. 65.

Ha2 omits 'and make'. Cott.: 'seeminge' (+ FH). FH: 'approve'. Sic. St2: 'honorable' (+ other MSS). See HC, p.405 and n. Eg. omits (+ Hay, Pet., Cam., 813, Cott., FH, Gor.). 813 adds 'shewed', though an underlining probably indicates the error has been spotted. Hay: 'his'. Cam. omits day and date. St2: 'whole Howse cam to the doore'. From Ha2, the only MS to have the words. St3 adds 'not'. Ha2: 'servants'. Ha2: 'Princesse'.

66. Cott.: 'Queene'. 6y. Cam. omits 'better and' (+ FH). 68. MS also has 'sufficient' crossed out; Ha2: 'sufficiently'. 69. St2. omits 'Majestie with'. yo. Cott.: 'callinge'. yi. FH omits 'and discreet'. 72. St3 adds: 'and accepted' (+ Cam., FH, Gor.). 73. Cam. omits. 74. Cam.: '. . . with her owne consent.'; Gor: '. . . with her royall consent.' (+ FH); Eg. omits 'and conscent' (+ Hay, Pet.). 75. Eg. omits (+ Hay). y6. Cott. omits 'to doe your Majestie all services'. yy. FH: '. . . against your enemies'.

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The Tenth Parliament: 27 October-ig December 1601 invectyve agaynste78 the tyrannic of the79 Kinge of Spayne, the Pope's ambition, the rebells of Ireland (which he sayde weare like a snake cutt in peeces which did crawle and creepe to joyne80 themselves together agayne) and lastlye with prayers81 to contynue the82 prosperous estate and / peace83 of this land which hath byn defended (as he said) by the mightye arme of our dread84 and sacred Queene. To which she answered openlye her selfe, 'Noe; but by the mightye hand of God, Mr Speaker.' Then he proceeded to the last parte, to beseeche her Majestic of ffreedome of speeche to every particuler member, ffor accesse to her person, libertye of priveledges to all the members of this Howse and their servantes, and lastlye, yf any mistakeinge of any message delivered unto him ffrom the Commons should happen, that her Majestic would be pleased to attribute that to his weakenes in deliverye or understandinge, and not to the Howse; as alsoe any85 fforgettfullnes thoroughe86 wante of memorye, or that thinges weare not soe iudicyouslye87 handled or expressed by him as they weare delivered by the Howse. To which after the Queene had spoken to the Lord Keeper agayne as aforesaid,88 the Lord Keeper said in effect as ffolloweth: 'Mr Speaker, her Majestic doth greatlie commend and like of your grave speeche well devided, well contryved, the ffirst proceedinge frrom a sound invention, and the other ffrom a89 seded judgement and experyence. Yow have well, and well indeed wayed the estate of this kingdom, well observed the greatnes of our90 puissante and91 arche enemye the kinge of Spayne, the contynuall and excessive92 chardges of the warre of Ireland; which yf they be well weyed, doe not onlye shewe the puissance of our gratious sovereigne in defendinge us, but alsoe / the greatnes of the chardge, contynuallye bestowed by her Majestic even out of her owne revenues to protect us, and the exposeinge of her Majestie's selfe to all contynuall trebles and toylesome cares ffor the benefitt and safetye of her subiectes. Wherfore Mr Speaker, it behoveth us to thincke and saye as was well delivered by a greate93 [man]94 in a condo95 ad derum, "Opus est subsidio, ne fiat exitium"; or as I thincke, excedium.96 'Toucheinge your other requestes, ffirst ffor97 ffreedome of speeche, her Majestic willinglie98 consenteth therunto with this caution, that the tyme be not spent in ydle and vayne matter, paynetinge the same out with froath" and volubillitye of wordes. And her Majestic comaundeth that yow suffer100 not any speeches made ffor contencion, or contradiction sake, maynteyned onlye by tempest of wordes, wherby101 the speakers maye seeme to give102 some reputed creditt by ymbouldninge themselves to contradiction and by troblinge the Howse of purpose with longe and vayne orations to hinder the proceedinges in matter of greater and more weightye ymportance.103 Toucheinge accesse to her person, she most willinglye graunteth the same, desireinge she maye not be trobled unles urgent matter and affayers of greate consequence compell yow therunto, ffor this hath byn held ffor a wyse maxime: in trobelinge greate estates yow must troble sildome. For libertyes, unto your selves and your servantes104 her Majestic hath comaunded me to saye unto you all that she ever intendeth to preserve the libertyes of the Howse and graunteth frreedome to


the meanest ffollower of the / meanest member105 of this Howse. But her Majestie's pleasuer ys yow should not maynteyne and keepe with yow106 notorious persons, eyther of107 lyfe or behaviour as108 desperat debtors109 whoe never come abroad, ffareinge her lawes, but at these110 tymes, pettifoggers and vipers of the common wealth, prolinge and common solicitors that sett111 dissention betwene man and man, and men of the like condicion112 to these. These113 her Majestic earnestlye wisheth a lawe maye be made agaynst, as alsoe that noe member of this parleamente would entertayne or boulster up114 any man of the like humor or quallitye, on payne of her Hignes'115 displeasure. For your excuse of the Howse and of your selfe, her Majestic comaundeth me to saye that your sufficiencye hath soe often tymes bene approved before her, that she dowbteth not of your sufficient dischardge of the place yow shall serve in; wherin she116 willeth yow to have a specyall eye and regard, not to make newe ydle lawes and treble the Howse with them, but rayther looke to the abridginge117 and apealinge118 of diverse obsolete119 and superfluous statutes, as also ffirst to take120 in hand matters of greatest moment and consequence. In doeinge thus, Mr Speaker, yow shall ffullfill her Majestie's comaundemente, doe your countrye good, and satisfy e her Highnes' expectacion.' Which beinge said, the Speaker made 3e reverences to the Queene. And then the Lord Keeper said, 'For certeyne greate and weightye causes (quod nota) her Highnes' 78. St2 omits ' And soe . . . invectyve agaynste'. 79. FH omits 'tyrannic of the'. 80. St2: 'wyne'. 81. Ha2 omits 'with prayers'. 82. St2: 'your'. 83. FH omits 'and peace'. 84. Ha7: '. . . by the dread of our dread . . .'. 85. St2: 'my'. 86. Cam.: 'for (+ FH). 87. $13: 'iudicially' (+ Cam., FH). 88. Eg. omits 'agayne', and adds '(after three reverecnes by the Speaker)' (+ Ha7, Pet., Cam., Gor.). 89. Cam. omits 'ffrom a'. 90. FH omits 'greatnes of our'. 91. St3 omist 'puissante and'. 92. Cam. omits 'and excessive'. 93. Cam.: 'grave' (+ FH, Gor., Cott.?). 94. St2 adds 'latelye' (+ other MSS). 95. Ha2: 'conscio'; FH: 'consio'. 96. Sic. and in other MSS, though Ha2 has been corrected to 'excidium , and Cott. has 'exitium'. 97. Cott.: 'from'. 98. FH: 'freely'. 99. St2: 'ffortes'; Cam.: '. . . matter by the same out with froth'. 100. Cam.: 'further' (+ FH).

101. Cott.: 'wholly'. 102. St2: 'gayne' (+ other MSS). 103. On 3 November (f.n) Cecil reported that the session was to end before Christmas. 104. Eg.: 'persons' (+ Ha7, Cam., Pet., FH, Gor.). 105. Pet.: '. . . freedome even to the meanest member' (+ Eg., Ha7); Cam. adds 'even' after 'ffreedome', but retain 'to the meanest ffollower' (+ FH, Gor.). 106. St2 adds 'noe'. 107. St2: 'ffor' (+ other MSS). 108. Cam.: 'or'; Pet.: 'and' (+ Eg., Ha7). 109. FH omits, no. St2: 'those'. 111. 813: 'for'. 112. Cam. ends sentence here, and omits one 'these'. 113. FH omits. 114. FH: '. . . would boulster or hould up . . .'. 115. Ha7: 'highest' (+Eg.). 116. Cott.: 'he'. 117. Cott.: 'avoideinge'. 118. Eg.: 'repelling' (+813, Cam., FH); other MSS: repealinge'. 119. Sts: 'absolute' (+ Cam., FH). 120. Cott.: 'looke'.

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The Tenth Parliament: 27 October-ig December 1601 pleasure is the parleament shalbe adiurned / till Fridaye next.' Which speeche was taken to be an adiurment of the Lower Howse, aswell as of the Upper Howse.121 But yt was not soe ment, wherfore the Lower Howse satt the next daye, beinge Saterdaye morninge. Soe after roome made, the Queene came thoroughe the Commons to goe into the Paynted Chamber,122 whoe gratiouslye ofFerringe her hand to the Speaker, he kiste yt. But not one word she spake unto him, neyther as she went thoroughe the Commons, very ffewe said 'God save your Majestie' as they weare wonte in all greate assemblyes, and the thronge beinge greate, and little rome for the Queene to passe, she moved123 her hand to have more rome. Wheruppon one of the gentlemen ushers said openlye, 'Backe maysters, make roume'. One stoutlye answered behind, 'Yf yow would hange us wee can make noe more roume'; which the Queene seemed not124 to heare, thoughe she heaved upp her head and looked that waye towardes him that spake.125 After she went by water to Whitehall. 31 October, Saturdaye.126 The next morninge beinge Saterdaye I was not there, thinckinge the Howse had not satt127 tyll Thursdaye.128 But I hard ther was a mocion made ffor the mayntenaunce of the pryveledges of the Howse, and to have a committie ffor yt,129 which was appoynted [to meet] on Thursdaye at one of the clocke in the afternoone. And two bills weare read, one agaynste dronckennes, another that noe / bishopp or archebishopp maye make any lease in remaynder or reversion tyll within three yeares before the expiracion of the fformer lease. This daye the prayer was brought into the Howse130 which was appoynted to be read every morninge dureinge the sittinge, amonge other prayers, by a minister appoynted ffor that purpose, etc.131 The coppie of the prayer. Oh eternall, almightie and everlyveinge God, which hast made the eye, and therfore seest, which haste fframed the harte, and therfore understandeste, ffrom whose onlye throne all wisdome cometh, looke downe uppon us that call uppon the, bowe downe thine eare and heare us, open thie eye and behould us, which in the name of thie Sonne and our Saviour doe lifte up our hartes unto the. Forgive us, o Lord, fforgive us all that we have done amysse in thought, word or deed; fforgive us our negligences, fforgive us our unthanckfullnes, make us mindefull of thie benefittes and thanckfull ffor all thie mercyes. Thou that seest the hartes and serchest the raynes and beholdeste the utmoste partes of the world, trye and examyne our hartes, and guyde us in thie wayes; knitte our hartes unto the that wee maye ffare thie name. Lett us ever ffeare this gloryous and ffearfull name, the Lorde our God. Lett all that dispise the ffeele thie judgmentes; lett all men knowe yt is a ffearefull thinge to fall into / the handes of the liveinge God. Lett thie mercyes alwayes prevent us and compasse us aboute in all our wayes, worckes and wordes; lett us sett the alwayes before our eyes. Remove frrom us all vanitye and hippocresie; lett thie truthe alwayes preserve us. Blesse our consultacions and councells; blesse the

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thoughtes of our hartes; blesse the wordes of our lippes; lett our meditacions be acceptable in thie sight. Lett all be directed to the advancemente of thie glorye, the uphouldinge of thie true worship, the safetye of thie blessed servant our annoynted Queene, our deere and dread soveraigne, and to the conytnuance of the132 peace and good of this land. Lett all prosper that love thee. Confound the councell of the wicked; breake their jawes in their mouthes that speake agaynste thie truthe or have evill will agaynste her, whome in thie greate mercye thou haste sett over us. Multeplye and increase her dayes; adde age after age in all peace and happines unto her yeares; make her a longe nurseinge mother to thie Churche, a comforte to thie people, a terror to thine and her enemyes. Blesse her armyes, both at home and abroad. Blesse her goeinge out, and blesse her comeinge in. Bowe downe the backes of all that ryse agaynst her. Contynue thie truthe,133 grace and mercye and peace amongste us, while the sonne endureth, and wee will offer unto the (O Lord our God) / the v. sacrefice of prayer and thanckesgiveinge; we will prayse thee with joyefull lippes; our hartes shall reioyce in the, we will singe of thie salvacion all the dayes of our lyfe, and will alwayes saye, 'Thine is the kingdome, all power and glorye, ffor ever and ever. Amen.'134 121. Cf. 1597 when Speaker Yelverton apparently believed the Commons were adjourned by reason of the Lord Keeper's adjournment of the Lords (Pollard, BIHR, xii (1934-5), P-8, n.2y [and see f.8v, n.i34 at 'Amen']. 122. Thus in St2, Ha2; other MSS: 'Great'. This seems to mean Westminster Hall itself. The Queen, having addressed the Lords and Commons in the Upper House, would have gone into the nearby Painted Chamber more probably. 123. Eg.: 'waved' (+ Hay). 124. St2 omits. 125. The first of the memoranda at the end of this journal repeats this incident with the additional mention of the size of the 'little roome for the Queene to passe', and the fact that she must have heard the unnamed member's response to being asked to move back, because Townshend was close to Elizabeth and heard it himself. 126. Day and date omitted in other MSS, except St2. 127. Eg.: 'held' (+ Hay, Pet., Cam., FH, Gor.). 128. Cam. alone has 'Friday'. 129. Eg. adds: 'to knowe what they be in certayne' (+ Hay, Pet., Cott., St3, Cam., FH, Gor.).

130. St2, Ha2 also have the prayer incorporated into the text and have this short introductory paragraph. St3, Eg., Hay, Pet., Cam., Cot., FH, and Gor. omit the prayer and most of the paragraph, noting only that the prayer was brought in, and referring to a folio whose number is not given except by Cotton, which supplies a number bearing no relation to the current, or former and cancelled, foliation of the volume. Of these MSS, Eg., Hay, and Pet. have the prayer as one of their appendices. All this supports the supposition that the 'original' journal from which these copies derive was not a finished composition, but rather a notebook to which information could be inserted subsequently at the appropriate places. 131. See HC, p.368. 132. St2: 'thie'. 133. St2 omits. 134. In his account for this day (Stowe 359, fos.2y5-v) Twysden comments that 'other memorials' record that the Privy Councillors moved that fines should be levied on those members not attending, because the Lord Keeper had adjourned 'this court' not 'the court', but in the end the fines were remitted 'in respect of the easinesse of the mistake'.

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The Tenth Parliament: 27 October-ig December 1601 2 November,135 Mondaye. Mondaye: the Howse satt and an acte was read agaynste excesse in innes, victualinge howses and alehowses, by the perclose of which yf anye136 requyred to be a innekeeper or aleseller, he muste be soe or fforfeit vu.137 An acte ffor the breedinge of horses, and ffor the avoydeinge of the stealeinge of them, putt in by the Lord Cheife Justice Popham. Sir Edward Hobbye made a speeche ffor the abridginge of the multeplicitye138 of penall lawes, which he said weare like thornes that did pricke but yeild noe139 ffruite, and that they beinge not looked into yt bred in140 us an alterracion of manners. And therfore the proverbe muste needes be ffullfilled, morum mutatio mutationem legum requirit: tymes are not as they have bene and therfore the necessitye of tyme requyers141 the necessitye of alteracion of lawes; with manye other circumstances142 ympertinent, toucheinge thornes143 of statutes and comendinge the proceedinges144 of fformer ages, he concluded with a desier of committment. / Which speeche was seconded by Mr Sergant Harres whoe said that in the xxvij* of the Queene the like mocion had byn made, and that then, by reason of the shortnes of the tyme and suddayne endinge of the parleament nothinge was done therin, notwithstandinge, he said that nowe this motion145 beinge soe happelye made in the begininge of this parleament he thought yt rrytte ffor his parte to deserve146 a commitment.147 He was seconded agayne by Mr Wyseman of Lincolne's Inne, whoe was of the same mynde and said that divers particular lawes of his knowledge weare nowe both needles to be performed as also dangerous to the subiecte by reason of the penaltyes. Soe a commitment was graunted, divers committies assigned, and Fridaye in the afternoone at one of the clocke in the Chequer Chamber appoynted ffor that purpose. The acte was read ffor the explanacions of statutes ffor leases made by archebishoppes and bishopps.148 The Speaker shewed to the Howse that some particular members ffound themselves agreived that the auncyent order ffor puttinge of their spurres before they came into the Parleament Howse149 was not observed, which he150 prayed might be done. Others would have bootes151 and rapyers taken awaye. But nothinge was done herin.152 /

v. 3 November, Tuesdaye153 The acte to preserve the breed of horsees, and [against the]154 common stealinge of them was read and a motion was therin made by Sir George Moore whoe said that he ffared the bill would not passe in that two vouchers by this bill must be, where by fformer statute but one, and that very hardlye observed.155 And besides, the lawe maye be defrauded because a poore man maye sell a horse and soe be voucher156 after, and then not able to answere the value. Soe the bill was committed at the Chequer Chamber on Wednesdaye the 4 of November. The acte to restrayne157 the excesse and abuse used158 in vitualeinge howses.

Journals:Toumshend's journal, 27 October-ig December

Mr Johnson moved that bodilye punishment might be inflicted on alekeepers,159 and alsoe provision made therm to restrayne resorte to alehowses. In the same bill, Sir George Moore160 made a speeche agaynste dronckennes and desired that some specyall newe provision might be made ffor althoughe ther weare lawes alreadie, yett they did not stretche greivous enoughe fFor the offences nowe committed.161 'And therfore we must not be like spiders that alwayes keepe their old and the same webbes, soe alloweinge162 the same163 lawes, which muste alter with the tyme. And toucheinge the aucthoritye given to the justicees of the assise and the justicees of peace, by this bill,164 that they shall assigne innes and innekeepers, / I thincke that ynconvenyent,165 ffor an inne ys a manne's inheritaunce and they are sett at greate rates166 and therfore not to be taken awaye ffrom any particular man.' Another167 wishte that there might be a reformacion of ale which is nowe made soe stronge that he offered to afryrme yt uppon his oath that it is commonlye sould ffor a groate a quarte. 'It is as stronge as anye wyne and will burne like sacke.' Mr Glascocke of Graye's Inne moved the Howse and said, 'Mr Speaker, I will onlye liken this bill168 to the suppression of stewes and bawdie howses in ould tyme, that where then all the whores and bawdes ware together in one howse,169 nowe170 beinge supprest everye mane's howse ys a bawdie howse. Soe yf yow take awaye alehowses and hinder them ffrom beinge 135. Cott.: 'October'. 136. Cam. adds 'were' (4- Eg., Hay, Pet., Gor., Cott., FH, 813). 137. FH: '5 paine' (?). 138. Cam. omits 'the multeplicitye of. 139. Cott.: 'to'. 140. St2 omits; FH: '. . . looked unto in bread into an alteracion . . .'. 141. Cott. omits. 142. Cott.: '. . . lawes, which may with circumstances. . .'. 143. Sic (+ St2, Ha2); Eg.: 'shortnes' (+ other MSS). 144. Cott.: 'comendacions'. 145. Hay: 'question'. 146. Cott.: 'desire'. 147. Ha2 omits this paragraph. 148. See i Eliz., c.ip, sect. 4 (1558-9) in SR, iv.38i-2. 149. St2 omits. 150. Sta: 'they'. 151. Hay: 'brotes'. 152. Pollard, BIHR, xv.9 thought this was a sign of Croke's rebuttal, though HC, p.405 seems to assume that the inactivity applied to the request for boots and rapiers to be removed.

153. Cam. omits day and date (+ Ha2, FH); Cott.: '3 November, beinge Thursday'. 154. From St2 (+ Ha2); other MSS omit 'against the', though Cam: 'horses and common sellings of them' (+ Cott.). 155. See 31 Eliz., c.i2 (1588-9) in SR, iv.8io-u. 156. Cott. omits and has a blank. 157. Cott.: 'reforme'. 158. Cam.: 'abuse used and accesse in'. 159. Hay: 'alehouse keepers' (+ St3, FH, Cam.). 160. FH: 'Sir John Gorgmore'; Commons sub More, Sir George. 161. 5 & 6 Ed. VI, c.25 (1551-2) in SR, iv.i5y provided for recognisances to be taken for alehouse keepers to maintain 'good order and rule'. 162. Cott.: 'always'. 163. St2 omits 'the same'. 164. Cott.: 'these bills'. 165. St2: 'convenient'. 166. Hay: 'rents' (+ Eg.). i6y. Cott omits and has a blank. 168. St2 omits. 169. Cam. omits 'in one howse'. lyo. St2: 'and'.

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The Tenth Parliament: 27 October—ig December 1601 droncke there, yt wilbe a readie waye to make everye man droncke in his owne howse at home.' Mr Leighe stood up and moved Mr Speaker171 that some of the Howse weare desirous to knowe what the Lord Keeper's speeche was in the Upper Howse of Parleament172 when the burgesses ware kepte out. As alsoe he complayned of a gentleman usher that said thoroughe173 the doore of the Upper Howse yf they ware not quyett174 they should be sett in the stockes.175/ To which Mr Comptroller made answer that hee would intreate Mr Secretarye Cecyll, whoe was ther, in regard he had promised to procuer them the understandinge of the Lord Keeper's speeche to delyver the effect therof. As alsoe he desired the Howse that ffor any word spoken to anye particular member of this Howse by the usher, he would undertake particuler satisfaccion should be made, etc. Soe after a pawse a while Mr Secretarye Cecill stood up and said in effect thus muche. 'I am sorry e and very loath to breake a resolucion which I had taken, that is ffor some respectes to have byne silent or verye spareinge of speeche all176 this parleamente: but your comaundementes are to me a lawe, and I wilbe alwayes readye to pleasure any particuler member of this Howse in this or the lyke designe. My memorye is ffrayle, and I knowe myselfe unable to deliver articularlye177 the grave178 and learned speeche of that wyse and worthie Councellor179 whoe ffirst spake yt, ffor hard yt is to tell a wyse man's tale after him. And therfore to particulerize I muste plead my excuse seeinge men of the beste sufficyencye maye fforgett when ordinarye capacityes maye remember. My minde was not then ffytte ffor attencion when I had / some causes of distraction.' He used perswasion of thanckefullnes and of obedyence as alsoe shewed her Majestie's desier of dissolucion before Christmas; he shewed unto us the necessitye wee stand in and the meanes to prevent yt.180 The necessitye ys the warres betwene Spayne and England, the meanes181 treasure. His182 advyse was that lawes in fforce might be revisited183 and184 explayned, and noe newe lawes made. The cause of the warre he layde downe to be that they ware enimyes to God, the Queene, the peace of this kingdome; that they conspyred to overthrowe religion, to reduce us to a tyrannicall servitude. These two enimyes he named to be the Bishop of Roome and the Kinge of Spayne. Our estate beinge thus, he summoned us185 to be provident and confident: provident by reason we deale with a provident enemy e, and confident because God hath ever, and I hope ever will, blesse the Queene with succesfull ffortune. He shewed howe186 apparante his providence was ffor187 by experience and judgmente yow knowe his tortureinge he giveth and188 the meanes and courses he taketh ffor our distinction.189 And secondlye190 the successe we had191 agaynste him by Code's stronge arme of defence in 1588, and divers other tymes since. Yow see to what effect the Queene's supporte of / the Frenche192 kinge's estate hath brought him unto; even made him one of the greatest prynces of Europe.193 Yett when her Majestie's fforcees there194 lefte him, howe agayne he was ffayne to ransome a servyle peace at our enemye the Spanyarde's handes195 with dishonerable and servile condicions. For


the Lowe Countryes, howe by her ayde she hath ffrom a confused govermente and estate brought them to a unitye in196 councell and deffended them with sutch successe in her attemptes agaynste the greatest power197 of the Spanyarde's tyrannical! designes, which hath soe muche gawled him that manye desperate practises have bene both devised, conscented to, and sett on ffoote by comaundemente of the late kinge his ffather, I need not shewe yow, neyther troble yow with argumentes ffor proofe therof, beinge confessed by them that should have bene actors themselves. But198 de mortuis nil nisi bonum,m I would be loth to speake of the dead, muche more to slander the dead. I have scene her Majestic ware at her girdle the pryce of her blood, I meane Jewells, which have bene given to her phisicions200 to have done that unto her which I hope201 God will ever keepe frrom her. But she hath reyther worne them in tryumphe then ffor the pryce, which hath not byne greatelye valuable.202 Then he ffell to perswade us, because newe occasions weare offerred of consultacions, to be provident in203 provision of meanes204 ffor our owne deffence and safetye, seinge the Kinge of Spayne meanes to make England / misserable by205 begininge with Ireland; neyther doth he begin with the rebells, but even with the territoryes of the Queene her selfe. He shewed that treasure muste be our meanes, ffor treasure ys the synewes of the warres. Thus muche that honorable person said, ffrom whome I proteste I would deminishe nothinge that should 171. Cott.: 'Tresurer' (?). 172. Cott. (+ Ha7, Eg., Pet., FH, Cam., Gor., 813): '. . . in the Parliament House'. 173. Cott. omits and has a blank. 174. St2 omits. 175. See fos.2v~3 above. 176. St2 omits. 177. Other MSS: 'articulatelye'. 178. Cam.: 'ground'. 179. St2: 'Chauncellor'. 180. St2 omits. 181. Cott.: [blank]. 182. Cott.: This'. 183. St2: Visited'; 813 has 'visited' written over 'revisited'; Eg.: 'ratified' (+ Ha7); Cam.: 'resisted'. 184. FH omits 'revisited and'. 185. St2 omits; Cott.: 'thus, he soe made us'. 186. Cott.: 'here'. 187. St2 omits. 188. St3 (+ Cam., FH, Gor.): '. . . for by experience you knowe the meanes and courses he taketh . . .'. 189. Cott.: '. . . tortoringe he giveth the me[a]ns he and soe purses he taketh . . .'.

190. 191. 192. 193. 194. 195.

St3 omits. St2: 'have'. Cott. omits. FH: 'Christendome'. 813: 'were'. Cam.: 'at our enemie handes the Spaniard'. 196. St2: 'and'. 197. Cott.: 'honor'. 198. St2 omits. 199. Diogenes Laertius, Chilo, 1.69. 200. Rodrigo Lopez was said to have accepted 'a very good jewel garnished with sundry stones of good value' from one of Philip II's men (DNB); and a jewel set with diamonds and a ruby was explicitly exempted from a grant of Lopez's lands and goods made to his widow in March 1595 (CSPD '95-7, p.15). 201 St2 omits 'I hope'. 202. Cam. (+ FH): 'unvaluable'. 203. St2: 'provideinge'; Ha2: 'provident of; FH: '. . . offered) to consultacions and to providentie (?) in . . .'. 204. 813 omits 'to be provident... of meanes'. 205. St2: 'and'.

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be spoken, yf I could remember more,206 or deliver yt better. And I had rayther wronge my selfe then wronge him. For my owne advyse toucheinge the particuler counsells207 of this Howse, I wishe that wee would not treble our selves with any ffantastique speeches or ydle bylls, but rayther with sutch as be ffor the generall good, both208 light in conception and ffacyll in execution. Nowe seinge yt hath pleased yow all hitherto with patyence to heare me, yf with your flavour I maye particulerize and shewe the growndes of the fFormer delyvered speeche toucheinge the state of Ireland, I shalbe very glad, both ffor my owne dischardge and ffor your satisfaccion. The Kinge of Spayne, haveinge quytte himselfe of Fraunce209 by a base and servyle peace,210 fforgetteth not to ffollowe the obiectes of his ffather's ambition,211 England and the Lowe Countryes. He212 hath made diverse213 overtuers of peace214 which yf they might be both honorable and ffor the publique good, I hould215 him neyther a wyse nor an216 honest man [that]217 would ympugne them. He hath put an armye into Ireland the nomber [of] 4,000 souldiers, under the conducte of a valyant, expert218 and hardye / captayne, whoe chooseth, rayther then219 to retorne to his owne countrye without any ffamous enterpryse, to lyve and dye in this service.220 These 4,000 are three partes naturall Spanyardes and of his best expert souldiers, except them of the Lowe Countryes: these he could not spare, because of his enterpryse of Ostend.221 And howe dangerous the losse of that towne would be to this land, I thincke ther is noe man of experyence but can wyttnes with me that [yf ]222 he would easilye be223 master of that coast, that224 the trade betwene England and the Lowe Countryes weare quyte dissolved. Yea, he would be soe dangerous a neighbour to us, that we which are tennantes225 by discretion are likelye shortlye to be tennantes226 by the curtesie, when he ys our227 neighboure of the Lowe Countryes; what neighbour hath Spayne to whome he shall not be a treble? I will shewe yow ffurther what besides this he hath done, and howe eagle-eyed he is contynuallie over us. To resist the Turke's attemptes228 he hath sent 10,000 men. To the Lowe Countryes he hath sent 9,000. In an enterpryse of his owne agaynst the Turcke he hath sent [blank],229 which beinge dispatched, those souldiers shall retorne agaynste230 the next springe, and second these 4000 nowe in the enterpryse ffor Ireland.231 To resiste these attemptes in beinge and232 the ensueinge provisions agaynste us, lett us consider the certeintye233 of our estate in Ireland. We have ther an armye and nothinge but an armye, ffed234 even235 out of England; which236 what chardge yt bringes to the Queene, what / trouble to the subiect, what daunger it is to them ther, lest provision should ffayle, what hurte to the common wealth, by makeinge thinges at a higher rate then otherwyse they would be, I referre yt to your wisdomes to ymagin.237 'Over238 this, I assuer yow,239 yt is beyond all president and coniecture, his pretence and cause of warre240 ther is to deffend the Catholique cause, I meane to teare241 her Majestie's subiectes ffrom her, ffor I maye saye she hath noe Catholique obedient subiectes ther, because she standeth excommunicate at this present, even by fforce of two bulls of this Pope's, by which the subiectes are242 absolved of their obedyence.243 That yow doe onlye remember, yow doe yt pro

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aris etfocis,244 yee we doe it ffor a prynce that desireth not to drawe any thinge extraordinarye out of the coffers of her subiectes. She selleth her land to deffend us, she supporteth all her neighboure prynces to gayne their amitye and establishe our longe peace, not these 5, or 7, or 10 yeares, but 43 yeares, ffor all our prosperityes.245 I hope I shall not see her ffunerall uppon which maye be wrytten, "Hie solum restat vixtrix246 orientis", and I praye God I maye not. What we ffreelye give unto her, she lyveinge bestowes yt to our good, and dyeinge dowbties will leave it ffor our proffittes. 'Thus have I out of my owne genius247 ffor my owne parte delivered unto yow what I knowe, and touchinge that I have spoken in performinge248 your comaundement I will take noe thanckes ffrom249 yow ffor my paynes; ffor noe man cares250 with lesse affection251 [to speake]252 in this assemblye, or desireth to grattifrye / any particular member of this Howse, more then my selfe.' v. 206. Cam.: 'wordes'; FH: 'wordes to expresse it better'. 207. Cott.: 'causes'. 208. St3: 'but'. 209. St3 omits 'of Fraunce'. 210. Cambrai alone was retained from the Spanish gains of French territory. 211. St3 adds 'in', as does FH, though 'In' starts a new sentence. 212. St2 omits, and starts the sentence at 'England and'. 213. Pet. omits (+ Eg., Hay). 214. Peace discussions in Boulogne in 1600 had broken down (R. Watson, Philip III (1786), 1.59-61). 215. Hay: 'told'. 216. Cott.: '. . . wise master an honest man . . .'. 217. From St2 (+ Cott., FH). 218. St2 omits. 219. FH omits 'chooseth, rayther then', and adds 'resolved' after 'enterpryse'. 220. See J. J. Silke, Kinsale (1970), pp.104, no, 123; C. Falls, Elizabeth's Irish Wars (1950), pp.293, 295~6; APC, 1601-4, pp.244—5 f°r Don Juan de Aguila's activities. Storms had reduced his troops from c.4,4OO to 3,400. 221. See G. Parker, The Dutch Revolt (1977), p.23 5 for the siege of Ostend. 222. From St2. 223. Ha7: '. . . me, and he would be easily master . . .' (+ Eg., Pet.). 224. St3: 'and'. 225. Cam.: 'tyrants'. 226. St2 omits 'by discretion . . . be tenantes'. 227. St2: 'the'. 228. St2 omits "s attemptes'.

229. In all MSS except Cott. 230. St2: 'agayne'. 231. Thomas Phelippes wrote to Cecil on 21 August 1601 about reports that 18,000 men had left Genoa, said to be en route against the Turks (CSPD, 16013, p-86). 232. Cott. omits. 2 33- St3 (+ FH, Cam.?): 'uncerteintie'. 234. St3: 'feed'. 235. Cam.: 'ever' (+ FH). 236. Cam.: 'with'; FH omits. 237. FH: 'examine'; Cott.: '. . . wisdomes to yow againe . . .'. 238. Cam. omits; Cott.: 'only'. 239. St2 omits. 240. Cott.: 'wronge'. 241. Cott.: 'leave' ('leane'?). 242. Eg. omits (+ Ha7). 243. St3 omits 'of their obedyence'. The reference is presumably to Clement VIII, though the lack of punctuation in the MS may mean that Sixtus V is being referred to as well. 244. Sallust, Catiline, 59.5; Cam.: 'ares et faces' (+ FH). 245. Eg.: 'posterities' (+ Ha7). 246. Cam.: 'victri et' (+ FH); Cott.: 'victori'. 247. St3: 'genus'; Cott.: '[blank]' (Stowe 358, however: '. . . out of myne owne parte'). 248. FH: 'concerning'. 249. Cott.: 'for'. 250. Cott.: 'comes'. 251. St2: 'affectacion'; St3 has the word written over 'affection'. 252. From other MSS.

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The bill ffor ale was denyed253 to be commytted, and not put to the question whether it should be ingrossed, yea or noe; but some254 dowbte made therof. But as yt seemeth, yf the committinge be denyed, yt useth not to be yngrossed, because the Howse will not lightlye passe it.255 Mr George Moore256 moved that wher the Lorde Keeper's oration was that the greatest matters should be handled in the begininge of the parleament, that a committie might be chosen to certifye the Howse what those matters weare that order might be taken accordinglye, which committment is appoynted at the Howse on Saterdaye at one of the clocke in the afternoone. Mr Secretarye Cecill said openlye that Sir Roberte Wrothe257 had offerred ioou per annum towardes the maynetenaunce of the warres.258

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4 November, Wensdaye. A bill was read ffor abuseinge and prophaninge259 the use of the Sabboth daye, which bill was committed after the second readinge this afternoone, at two of the clocke in the Middle Temple Hall. Mr Sergant260 Harrys moved the Howse that in respect greate daunger and inconvenyence might growe by the wante of any perticuler member of this Howse, therfore he thought good to certifrye the wante of a knight ffor Rutlandshier. For he said that Sir Andrewe Noell,261 beinge / sherryffe of the countie, had retorned himselfe joyntlye262 with Sir John Harrington to be knightes, which he tooke in lawe to be a voyde retorne, because yt is agaynste the expresse wordes of the wrytte which are: 'Ita quod neque tu, neque aliquis263 alius vice comes alterius comitatus eligatur,'' etc; which he thought good to move the Howse264 in, refferinge yt to their consideracions and prayeth that the record maye be sent ffor ffrom the Clarcke of the Crowne;265 ffor sayth he, 'We knowe in lawe that a man cannott make an indenture to himselfe by the common lawe, noe more can he heere, betwene himselfe and the countie, ffor their are requyred two persons.' To which Sir Edward Hobbye replyed that notwithstandinge this the Howse might well receyve him and he vouched a president in the xxvth or xxjth266 of this Queene when a wrytte was directed to the bayliffes of Sowthwarcke to returne burgesses, and they returned themselves and ware receyved. But yf we doe not receyve him another question will growe whether a newe warrante must goe ffrom the Speaker to ellect a newe knight or ffrom the Clarcke of the Crowne. To which it was agreed per omnes that ffrom the Speaker. Then Mr Wyseman of Lincolne's Inne267 stood up and shewed the necessitye of haveinge all our members because otherwyse the bodye is but mayned. As alsoe howe dangerous a presedent this would be yf it might passe with the applause of the Howse. And lastlye the reasons of puttinge268 in the aforesaid / specyall269 wordes in the wrytte, because yt must necessarelye be intended that they beinge soe great officers haveinge soe greate a chardge, and their presence in their countryes soe requisite, should not be retorned. Besides, ffor that tyme they be cheife men of the shier; ffreehoulders peradventure ffor ffavor's sake, would reyther choose him then men ffarre more sufficyent ffor that place.


Mr Carye270 moved whether yf271 it ware with his will he should be punished by ffyne or otherwyse. Sir John Harrington said of his owne knowledge he knewe him verye unwillinge, but the ffreehoulders made answere they would have none other. Mr Speaker said it could not be intended agaynste his will ffor his hand is to the indenture. But he moved whether it should be intended that this Sir272 Andrewe Noell ware273 una et eadem persona or noe. And thoughe he274 ware, yett whether they could take notyce275 therof and to be certified out of the Chauncerye. To which all the Howse said ther was noe other of the name, etc. Then Mr Comptroller stood up and moved that in respect the returne was joynte and that they did disallowe Sir Andrewe Noell, he desired to be resolved of the learned masters of the lawe of this Howse whether all the returne were insufficyent, and soe Sir John276 Harrington to be excluded. To which all the whole Howse said 'Noe', etc. Mr Sergant Harrys said, 'Noe, because the said / warrant is affirmatyve to choose any but the sheryffe whoe ys excepted by specyall wordes. But the returne of the other is warranted:277 but of him, his ellection is voyde.' Sir Edward Hobbye then answered, 'Ney then, Mr Sergeant, yf yow stand on that, I thincke there are ffewe knightes in this Howse lawfully chosen; ffor the wordes of the wrytte and statute278 are that he must be commorant within the countye, which but ffewe are.'279 To which not one word was answered and that clause shutt up.280 Mr Speaker said, 'Well, I will put it to the question which shalbe two ffould, one fwhither the returne be voyd, and th'otherl281 whether a newe warrant 253. Sty. 'deemed' (and later in this paragraph). 254. Cott.: 'said'. 255. See 4 November (f.i6) for rejection of a bill on bishops' leases. 256. Eg. omits (+ Hay). 257. Cam. (+ FH): 'Worth'. 258. Ha2 omits this paragraph. 259. Cott.: 'blaspheminge'. 260. Gor.: 'Secretary'. 261. FH: 'Nevill'. 262. Cam.: 'jointer' (+ FH). 263. Cam.: 'aloqueris' (+ FH). 264. FH: '. . . Howse, Mr Secretarie leaving it to their. . .'. 265. FH: 'towne'. 266. Cott. omits: 'or xxjth>. See Commons sub Southwark, Surrey for the disputed election of 1593: the years here appear to be wrong. D'Ewes, p.624 has (only) '31th'

267. 268. 269. 270. 271. 272. 273. 274. 275. 276. 277. 278. 279. 280.

281.

Eg.: 'Lincolnshire'. St2: '. . . lastlie in puttinge in . . .'. St2 omits. 813: 'Lacy'; presumably this is Edmund Carey (Commons). St2 omits. Cam. adds: 'John' (+ FH). Eg. omits 'that this Sir Andrewe Noell ware' (+ Ha7); FH: 'Nevell'. Eg.: 'it ' (4- Ha7, Pet.). Cott.: 'action'. Cam. omits. Cott.: 'granted'. i Hen. V, c.i (1413) in SR, ii.ijo. Cott. omits 'but ffewe are'. Cott.: 'and that clause husht up' (+ other MSS, though Ha2 omits the whole section from 'Mr Speaker said it could not be intended . . .'). From Cott. (+ other MSS, except St2, Ha2).

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The Tenth Parliament: 27 October-ig December 1601 shalbe sent fforth. To which beinge twyce moved, all cryed 'I, I, I,', and not one man said 'Noe'. Sir Edward Hobbie said, 'Mr Speaker, the warrant must goe ffrom your selfe, ffor in the 27 of this Queene, when Parrye was a burgesse ffor Queenboroughe a newe ellection was made, and the warrant sent frrom the Speaker.'282 The acte toucheinge bishoppes' leases was read, viz.283 that noe bishopp or archebishopp might make any lease in remaynder tyll within three yeares of expiraunce of the fformer lease. To which onlye Mr Boys284 stood up and said that this acte would285 be both preiudiciall to the bishopp present and to the successor, and their servantes, and to the bishopp's owne ffarmers and tennantes. To the bishopp present in the / maynetenaunce of his estate, which cometh onlye by contynuall frynes, which yf they be taken awaye, then are they not able to mayneteyne that hospetallitye and keepe that retynue eyther286 belonginge to their place or answerable to their liveinge. 'For consider the revenewe of the greatest bishoppricke in England, it is but 2,2OOh, wherof he payeth287 ffor annuall subsedye to the Queene 500''. And what damage we shall doe to him and his successor herin his revenewe beinge soe beneficyall to her Majestic I referr to all your judgmentes. To the successor it must needes be more hurtfull, ffor when he ffirst cometh in he payeth frirst ffruites and yett is not allowed to make his benefitt by frynes, which all bishopps' ffarmors are contented to doe, soe that he is cast one whole annuall value behind hande, and perhappes hath noe power neyther to make leases in xije or xvjten yeares. This, Mr Speaker, wilbe a cause to induce the ministers of the Word not to seeke bishopprickes wherby we maye bringe the clargie both to povertye and contempte288 ffrom which they have ever289 bene carefully defended and provided ffor, even by the most ancyent statutes and lawes of this land nowe exstant. Hurtfull it is to their servauntes (ffor this maye be every man's cause). We knowe manye good gentlemen's sonnes serve bishopps and howe can they reward their longe and ffaythfull service but onlye by meanes of grauntinge over of these frynes or some other meanes out of ther spiritual! ffunction? But this acte is good ffor the courtyer. / But I maye speake290 noe more of that poynte. Lastlye, Mr Speaker, my selfe am ffarmor to a bishopp291 and I speake this, as in my owne case on my knowledge to the Howse, that it is ordinarye uppon everye graunte uppon 4 or 5 yeares ever to ffyne or292 take a newe lease. But I referre it to the consideracion of the Howse, to doe ther pleasures293 therin, onlye this I can certifye that I have the coppie of the bill the last parleamente exhibited294 to this purpose which I, haveinge conferred295 together with the present bill,296 doe ffmd them to be word ffor word all one. And the last was reiected, and soe I dowbte not, yf the reasons be well wayed, but this will have the like successe.' Uppon whose mocion it was put to the question whether it should be committed, and all said 'Noe', not one 'Yea';297 so this bill was reiected ffor this parleamente.298

Journals:Toumshend's journal, 27 October-19 December

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An acte was read that playntiffes in wryttes of error should give good bayle, to which noe man offerred to speake. Wheruppon the Speaker stood up and said that the order of the Howse is, yf noe man speake to the bill yt muste be ingrossed. Mr Carye stood up and said he thought it verye frytt that the bill should ffirst be committed, ffor talkinge with Sir Roger Manwood,299 in his lyfe tyme300 Lord Cheefe Barron of the Exchequer, aboute the like bill,301 he was of oppinyon that it / ware fritter and more safetye302 ffor the subiectes' good v. and ffor more ease303 ffor the judges that the monye304 should be brought305 into the Courte and noe recognizances taken, which yf it might be committed, the bill might be amended in that306 poynte and noe dowbte would passe. So it was committed to be satt on307 uppon Mondaye in the Middle Temple Hall, the ixth of October.308 Mr Johnson moved the Howse that wheare the last parleamente ther were three bills, one touchinge patentees, another toucheinge the clarcke of the marckett, and the third toucheinge petty theftes,309 that these beinge publique matters might be brought into the Howse this parleamente and read. And toucheinge the clarcke of the markett, he durst undertake to laye open as manye vile practizes as almoste ther be men in this Howse. He made a very longe and good speeche, toucheinge the three fformer billes, which fFor brevitye I omytte. An acte was read agaynst ffraudulent administracion of testators' goodes. The bill agaynst drunckennes was agayne read, the effect wherof was that common drunckerdes should be presented as common barrators; which was committed uppon motion of Mr Wiseman to the committie of the bill ffor 282. Hoby had replaced Parry (Commons sub Queenborough, Kent). 283. Cott.: 'twise'. 284. Cam.: 'Lewis'; FH: 'Powys'. 285. Hay: 'should'. 286. St2: 'neyther'. 287. Hay: 'sayeth'. 288. Cott.: 'both the clergy to poverty and contempte'. 289. Cam. omits (+ FH). 290. Cott.: '. . . for the county I made speech noe . . .'. 291. Steward to the Archbishop oF Canterbury (Commons sub Boys, John). 292. Other MSS, except St2: 'and'. 293. Cott.: 'predecessors'. 294. See D'Ewes, p.562 For second reading. 295. Cam.: 'reFerred'; FH: 'compared'. 296. Cott. omits 'with the present bill'. 297. St2 omits 'not one "Yea"'. 298. Cott. (+ Eg., 813, Pet., FH, Gor.): '. . . committed, and all "Noe", not one "I"; aFter iF engrossesd, all "Noe", not one "I"; and soe this bill. . .'.

299. 300. 301. 302. 303.

304. 305. 306. 307. 308. 309.

Cam.: 'Manhood'; Cott.: 'Manor'. Manwood died in 1592. St2: 'but'. St2: 'saffe' (+ Ha2). Gor.: 'far'; St2: 'ffarre more easie' (+ Ha2); FH omits 'and fFor more ease fFor the judges'. Cott.: 'way'. Cott.: 'bright'. Ha2: 'amended without poynte'; Cott.: 'amended within part' (?). St2 omits. Sic in all MSS, except (correctly) Cott.: 'November', and Gor., corrected. These bills are not easily identifiable as named here: cf D'Ewes, p.570 For Thomas Cecil's 'bill oF petition' on monopolies; the bill oF weights and measures is presumably the one concerning the clerk oF the market (see e.g. D'Ewes, p_59i).

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abuse of the Sabboth daye, etc. He said that it were in his oppinyon very convenyent blasphemers and swarers were punishable by some stricte lawe, / and soe tould of a conferrence betwixt him and a recusant in the Gatehowse at Westminster whoe, thoroughe the windowe seinge manye children playeinge,310 they swore almost311 at every word. Then the recusant asked him yf that were the ffruyte of their doctryne, and ho we it chaunceth that their doctryne beinge soe sinceer suche blasphemye was commytted. Therfore that the slaunders of312 our adversaryes maye be avoyded, the sinne punished and Code's name more reverenced and himselfe better served,313 some314 provision in this lawe toucheinge that poynte I thincke were verye necessarye', etc. An acte was read toucheinge the soweinge of hempe. This is the second readinge. To which bill Sir Walter Raleighe spake and said, 'For my owne parte, I doe not like this constrayninge of men to manuer315 or use their groundes at our wylles,316 but rayther lett every man use his ground to that which it is most ffytt ffor, and therin use his discretion. For halsers,317 cables, cordage and the like we have plentifully enoughe ffrom fforayne nations. We have divers countryes in England318 make therofin greate aboundance. And the bill of tyllage maye be a sufficient motyve to us in this case not to take the course which the scope of this bill intendeth, ffor wher that lawe provideth that every man must plowghe the third parte of his land,319 I knowe it320 divers poore people have / done so to avoyde the penaltye of the statute when ther habillityes have bene soe poore that they have not bene able to have bought seed corne to sowe it all,321 ney, they have bene ffayne to hyer others to ploughe it, which yf it had bene unplowghed would have bene good pasture ffor beastes, or might have bene converted322 to good use.' Uppon this mocion all the Howse bad awaye with the bill, but it was put to the question whether yt should be committed or noe. But because of dowbte the Howse was devided, and the I, I, I were 103, and the Noes i62,323 soe324 the bill was not committed.325 After it was put to the question ffor ingrossinge, notwithstandinge a speeche that Mr Comptroller made of the weightynes therof, and cleerlye denyed, so ffor this parleamente absolutely reiected. This was one of the provisoes in the bill ffor breedinge and [against]326 stealinge of horses, viz. that all justices of assize in their severall circutes and all justices of the peace in their generall quarter sessions, aswell within libertyes as without, shall have ffull power and aucthoritye to enquyer of, heare, and determyne all offences to be commytted agaynst this present statute. And ther is a fformer clawse,327 that yf sale without voucher328 be made, then the person shalbe apprehended and carryed to the next justice as a ffellon. / 5 November, Thursday. An acte toucheinge certeyne assuraunces used amonge marchantes.329 An acte toucheinge reformacion of abuses in alehowses and typling howses; which acte, after the fformer was reiected,330 was this daye read. The effect

Journals:Townshend's journal, 2? October-ig December

wherof is that ffor sale oP31 every potte of beere, beinge not of the ffull assize of an ale quarte, the seller fforfeiteth iijs iiijd. Noate that noe suitor is named in that bill. The same to enduer tyll the end of the next parleamente.332 Read twice this333 daye. The bill ffor observinge the Saboth daye, read twice, and ordered to be ingrossed. Noat that by the order of this Howse, when a bill is retorned frrom comittment the wordes must be twyce read which334 be amended before the ingrossinge. An acte agaynst ffalse retornes and not retornes by sheryffes and bayliffes, twice read and ordered to be ingrossed. Mr Bacon stood up to preferr a new335 bill and said, 'Mr Speaker, I am not of their myndes that bringe their bills into this Howse obscuerlye, by delivery onlye to your selfe, or to the clarcke, deliteinge to have the bill to be incerto authore as thoughe they ware eyther ashamed of their owne worcke or afrayde to ffather their owne children. But I, Mr Speaker, have a bill heare which I knowe I shalbe noe sooner readie to offer but yow wilbe readye to receyve and approve. I liken336 this bill to the sentence of / the poett whoe sett this as a parradoxe in the fforefronte of his337 booke, "First water, then gould", preferringe necessitye before pleasuer. And I am of the same oppinyon that thinges necessarye in use are better then those thinges which are gloryous in estimacion. This, Mr Speaker, is noe bill of state nor of noveltye338 like a statelye gallerye339 ffor pleasuer, but neyther to dyne in, nor sleep340 in. But this 310. Cott.: '. . . where thoughe [blank] seeinge many children plaies. . .'. 311. St2 omits. 312. MS not clear at this point: the scribe may have written 'slaunderers', though a correction has apparently been made; St2 omits 'the slaunders of. 313. Cott.: '. . . and himself saved . . .'. 314. Cam.: 'sound'; FH: 'some' corrected from 'sound'. 315. 813: 'manner'. 316. Cam. omits 'at our wylles', as does FH, though with a blank. 317. Ha2: 'halters'; Gor. omits. 318. FH: '. . . enough in England divers countries in England . . .'. 319. Cf. SR, iv.893-6 for 39 Eliz., c.2 and its various provisos, though nothing specifically to this effect. 320. Sic. St2: 'that' (+ FH). 321. St2: 'withalT (+ Cam., FH, Gor.). 322. St2: 'imployed'. 323. St2: '262'; Cam.: '. . . the noes were put to . . .' (+ FH). 324. St2: 'ffor'.

325. Twysden for this day (Stowe 359, fos.2y6-v) has 103 Yeas and 141 Noes, yet says the majority was 59 (Cf. D'Ewes, p.626 where the votes are the same but the majority is 50). 326. From St2; Pet. also omits the word (4- Eg., Hay, Cott.); 813: 'preventinge' (+ Cam., Gor., FH). 327. Cott.: 'cause'. 328. Cam.: '. . . if it faile without voucher . . .'; FH: '. . . any faile . . .'. 329. Ha2 omits this bill. 330. Cf. D'Ewes, p.626. 331. St2: 'ffor'. 332. Cott.: 'th'ende of the parliament'. 333. St2: 'a' (+ 813); FH does not record the readings. 334. Eg. (+ Hay): 'and'; FH: '. . . writt and read . . .'. 335. Cam. omits. 336. Ha2: 'liking'. 337. Cott.: 'this'. 338. Cott.: 'maiestie'. 339. Cam. (+ FH): 'gouldrie'(?). 340. Cam. (+ FH): 'supp'.

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The Tenth Parliament: 27 October—ig December 1601 bill is a bill of repose, of quiett, of profitt, of true and iuste341 dealinge, the tytle wherof is "An acte ffor the better suppressinge342 of abuses in weightes and measures". We have turned out divers bills without disputacion, and ffor a Howse of wisdome and gravitye as this ys to bandye bills like balles and to be silent as yf noe bodie were of councell with the common welth, is unfittinge in my understandinge ffor the state therof. Tie tell yow, Mr Speaker, y'le speake out of my owne experyence that I have learned and observed haveinge had causes of this natuer referred to my reporte, that this ffalte of useinge ffalse weightes and measures is growne soe intolerable and common343 that yf you would buyld churches yow shall not need ffor battlementes and bells other then ffalse weightes of lead and brasse. And because I would observe the advyse which was given in the begininge of this344 parleament that we should make noe newe lawes, I have made this bill onlye a confirmation of the statute of ii345 Henry y346 with a ffewe addicions / to which I will speake at the passinge347 of the bill and shewe the reasons of every particuler clause,348 the whole beinge but a revivall349 of a fformer statute ffor I take yt ffarre better to skowre a streame then turne a streame. And the ffirst clause350 is that it351 extend to the principallitye of Wales to constrayne them to have the like weightes and measuers to us in England', etc. Sir Roberte Wrothe352 made a motion ffor a committmente to amend the statutes for the releefe of the poore and buildinge of howses of correction, made the last parleamente of the 39 Elizabeth.353 And alsoe to consider of the contynuance of certayne statutes, which was referred to committment on354 Tuesdaye in the Chequer355 Chamber. By order of the Howse yt was agreed that a committie, once made and356 agreed uppon, ther shall not after be more committies joyned to them ffor the same bill. But ffor any other ther maye. Sir Roberte Cecill moved the Howse to have their oppinyons in that there wanted a cheife member, viz a knight of Denbighshier,357 and he said, 'I am to certifie the Howse this muche in respect of some disorder committed ther toucheinge the358 ellection359 by Sir Richard Trevor and Sir John Flud,360 to which Sir John Salesburye is a partye, the sherryffe could361 not proceed in ellection. For my owne parte, I thincke it ffytt that Mr Speaker should attend my Lord Keeper therin.' (Quod wota362 attend.) 'Yf it please yow, yow shall / heare the letter'; which was read, the contentes wherof was that on the xxjth of October at [blank]363 he kepte the countie daye and ther beinge quyettlye chooseinge the knight364 ffor the shier, a crye came sodenlye365 that Sir Richard Treavor and Sir John Flood on the one partye and Sir John Salesburye on the other, ware together affighteinge, and all their companyes readye to doe the like,366 'wheruppon presently e I went to the churche yard where they ware, and ther I ffound both partyes with their swardes drawne readie. But with muche adoe pacefyed them both, and ffareinge least by draweinge sutch a multitude together ther might greate danger and bloodshed happen I made proclamacion that every man should departe, by meanes wherof I did not


execute her Majestie's wrytte as I thought to have done, rayther chooseinge to adventure your honors' censures herin then to hazard soe greate bloodshed. Undersubscribed your honors' most humblie at commaundment, Owen Vaughan.' Alsoe Mr Secretarye said ther was a schedule annexed to the lettre which had some other matters of ymportance not ffytt to be read, yet367 yf it please the Howse to commaund yt, they should; wheruppon all cryed 'Noe, noe'. Mr Edward Hobbie answered, 'Me thinckes under flavor the motion Mr Secretarye made was good, but the fforme therin (I speake with all reverence) not frittinge the state of this / Howse, ffor he said Mr Speaker should368 atend my Lord Keeper. Attend; yt is well knowne that the Speaker of this Howse ys the mouthe of the whole realm and that the whole state of the cominaltye of a kingdome should attend any person I see noe reason. I referre yt to the consideracion of the Howse, onlye this position I hould, that our Speaker ys to be comaunded by none, neyther to attend any but the Queene onlye.'369 Mr Johnson said the Speaker might ex offido send a warrant to the Clarcke of the Crowne whoe is to certifye the Lord Keeper and soe make a newe warrant.370 Sir Edward Stanhope said that ffor ellection of burgesses he had scene halfe a score warrantes yesterdaye with Sir John Puckeringe's hand to them when he was Speaker. 341. FH: '. . . of perfect, true and . . .'; (Jam.: 'truth'. 342. Cott.: 'succes'. 343. Cam. omits 'and common' (+ FH). 344. Cam.: '. . . of the last. . .'. 345. ii Hen. VII, c.4 (1495) in SR, ii. 570-2. 346. St2 omits. 347. Cam.: 'beginninge' (+ FH). 348. Cam.: 'cause' (+ FH). 349. Cam., FH, Cott. incomprehensible here. 350. Cam.: 'cause' (+ FH). 351. 813: T; Eg. (+ Pet., Ha7): '. . . is that is to extend . . .'. 352. Cam.: 'Worth' (+ FH). 353. 39 Eliz., cc.3-5 (1597-8) in SR, iv.896-903. 354. Pet. omits 'committment on' (+ Eg., Ha7, Cam., Gor., FH). 355. Ha7: 'upper'. 356. St3 adds 'not' (+ FH). 357. FH: 'Cambridgshire'; Cam.: 'Kembridgesheire'; 813: 'Devonshire'. See Commons sub Trevor, Richard; Salusbury, John; also HC, chap. 5. 358. St2: 'their'.

359. 360. 361. 362. 363. 364.

365. 366. 367. 368. 369.

3yo.

Cott.: 'elect'. Ha7 (+ Eg., Cott.): 'LLoyd'. St2: 'would'. Cott.: 'quod not'. St2 (+ Gor.) omits 'at [blank]'. Ha2 thus, but other MSS: 'knightes'; the Welsh counties returned only one knight of course. Cott.: '. . . a crye came said at Denbighe that . . .'. Cott. omits 'to doe the lyke'. St2 omits. St2 omits; Pet.: 'shall' (+ Eg., Hay). Twysden's entry for this day (Stowe fos.276—yv) summarizes the debate thus far and adds (anticipating what follows), 'Sir George Moore on the contrary sayd Mr Cooke beeing Speaker did attend the Lord Keeper, but in the end Mr Secretary acknowledging his error, Mr Speaker informed the Howse the manner was a warrant for a new writ went from hym to the Clarke of the Crowne who is to enforme the Lord Keeper and then to make a new writ.' Cott. omits 'whoe is to ... warrant'.

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The Tenth Parliament: 2j October-ig December 1601 Mr Speaker said that,371 'I maye informe yow of the order of the Howse that the warrant must goe fFrom the Speaker to the Clarcke of the Crowne whoe is to informe the Lord Keeper and then to make a newe wrytte.' Mr Secretarye Cecill said, 'I should be very sorrye to detracte fFrom any particuler member of this Howse muche more fFrom the generall state; my meaneinge was mistaken and my wordes misconstrued, yet both in substance agreeinge with Mr Speaker.' Sir Edward Stanhope said, 'I thincke, Mr Speaker, in the bill fFor ale yt were very fFitt that power were given to lordes in leetes to take the / like372 penaltie373 and to enquyer therof ther and withall that they keepe not victualinge nor sell ale any longer.' An acte fFor redresse of certeyne abuses374 and deceiptes used in payntinge which when yt was offered by the Clarcke to be red, he beinge asked by Sir Edward Hobbie, sittinge by him, what bill it was, he answered,375 'A bill of noe great moment.' Noate that the same was fFor the Cittye of London onlye or fFor a certeyne compasse oF myles aboute yt.376 Sir Francis Hastinges exhibited a bill agaynst blasphemous swareinge. At the committie377 holden the said 5 daye of November, ther ware these378 presidentes shewed to prove that warrantes ought to goe fFrom the Speaker in case oF ellection oF knightes and burgesses379 in the tyme oF parleamente, viz. First, the iiijth oF December I584,380 the xxvijth Elizabeth, Vallentyne Dale,381 Master oF the Requestes, was returned burgesse fFor Cheechester and Henden,382 but he choose Cheechester; and John Puckeringe, Speaker, directed his warrant to the Clarcke oF the Crowne to send a wrytte to make a newe ellection in Henden, which bare date the 10 oF December, six dayes aFter, the xxvijth Elizabeth. Secondlye, the xxjth oF December, 1584, the wrytte bareinge teste the xiijth383 oF Februarye fFor the same matter, in which the style384 oF the Howse ys 'knightes, barons,385 citizens and burgesses', quod nota.™6 Thirdlye, the xixth oF Februarye [i584],387 when Parrye,388 / beinge burgesse oF Quinboroughe in Kent, was attaynted fFor treason, a warrant was dirrected to the Clarcke oF the Crowne to make a newe wrytte dated the xixth oF Februarye aForesaid, in which warrant under the Speaker's owne hand was incerted a reason to this efFect, viz. because the said Parrye is dissabled by reason oF his attaynder.389 Fowerthlye, the 30 oF November 1584, Thomas Bodith390 was ellected burges oF Portsmouth391 and alsoe barrone oF one oF the Cinque Fortes, viz. Hithe, but he tooke Portesmouth, and reFused the other. A warrant was dyrected as abovesaid but noe teste of the wrytt was there. FiFtlye, the xxviij* oF Januarye 1584, AUexander392 Pyme393 esquyer was chosen burgesse fFor Taunton,394 beinge deceased a newe warrant was dyrected fFrom the Speaker to the Clarcke oF the Crowne, and the wrytte bare teste the xxxth oF Januarye.395 Sixtlye, the 3 oF December 1584, John Puckeringe, beinge Speaker, was chosen burgesse fFor BedFord and fFor Carmarden,396 and chose BedFord; and a


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warrant was dyrected to the Clarcke of the Crowne ffrom the Speaker to make a newe wrytte which bare date the iiij* of December, anno 27 Elizabeth. All which warrantes were signed by the Speaker, John Puckeringe. For the matter betwen Doctor397 Aubrey, doctor of the civill lawe, and Mr William Delabere398 / barrester of the common lawe of Linclone's Inne, v. toucheinge the burgishipe of Cardigan in Wales the case stood thus: Cardigan hath bene by auntient presidentes ever since the I399 Elizabeth a burgesse towne, and ever the retorne400 of the indenture hath bene ffor Cardigan onlye. Nowe this parleament the sheriffe of the shier, ffavoringe a towne called Aberistowe,401 after he receyved the parleamente wrytte, sent his warrant to the bayliffes of Aberistowe to choose a burgesse, etc., whoe chose ffor their burgesse Doctor Aubrey and returned him burgesse of Cardigan and Aberistowe, and shewed in the indenture the ellection to be made by both townes; and the indenture was signed with the sherryffe's hand. On the other side, the bayliffes of Cardigan understandinge the wrytte to be come to the sherryffe, tooke notyce therof, and without warrant ffrom the sherryffe,402 made 371. Sic (+ Cott., Pet., Eg., Ha7, Cam., Gor.). 372. Cott.: 'full'. 373. Cam.: 'pention'; FH: 'provision'. 374. Cott.: '. . . certeine redress of abuse . . .'. 375. Cam. omits 'he answered'. 376. Cott.: '. . . for the Citty of London or a certein space etc.'. Townshend later gave much space to a record of his own speech to this bill (Cf. Pollard, BIHR, xiv.i64). 377. Ha7: 'councelT. 378. Ha7: 'three'. 379. St2 omits 'and burgesses'; Cott. shortens the sentence to '. . . in case as aforesaide . . . ' ( + St3, Pet., Eg., Ha7, Cam., FH, Gor., with slight variations). 380. 813: '1548'. 381. St2: 'Duke'; 813: 'Vale', corrected to 'Duke'; Cam.: 'Pale' (+ FH). 382. i.e. 'Hindon', as in other MSS. 383. Ha7 (+ Eg., Pet.): 'i9 th '. 384. Cam.: state'. 385. i.e. barons of the Cinque Ports. 386. Cott. adds 'Note that fol.44 after resolved to be directed to the Clearke of the Crowne'. The folio number given bears no relationship to current or cancelled foliation in the MS (or indeed to Stowe 358, where it occurs again). 387. From St2 (+ other MSS). 388. Cam.: 'Parries' (throughout, + FH).

389. Twysden (Stowe 359, £.277) adds '23 Elizabeth, a warrant to the towne of Hull from Popham, Speaker' to these. 390. Sic (+ St2, Cott., Ha2); Ha7 (+ Eg., Pet., Cam., FH, Gor.): 'Bodbithe'; Cott.: 'Bodhith'; Commons: Bodley, Thomas. 391. Cott.: 'Patchmouth' (throughout). 392. FH: 'Elizander'. 393- St3: 'Pine'; Cam.: 'Dyme' (+ FH); Commons: Pym, Alexander. 394. Cott.: 'Taventry' (and in Stowe 358?). 395. Ha7 omits this paragraph, but has the Puckering example numbered as the fifth, and the date as 28 January, clearly the result of an omission in copying, probably from Eg., which does not make the error. 396. Cam.: 'Cramardend'; FH: 'Cramarthen'. 397. FH: 'Brian'. 398. FH: 'Bullaber'; see Commons sub Richard Delabere, Cardigan Boroughs, and Aberystwyth for this dispute. 399. St3: '10' (+ Cam., FH). 400. Cam.: 'rent'. 401. Ha7 (+ Eg., Pet.): 'Aberstowe'; Cam.: 'Bristowe' throughout, except for the second and third occurrences, where 'Abberstowe'; FH: 'Bristowe', and the last two occurrences, otherwise ' Aberstow'. 402. Gor. omits 'tooke notyce . . . the sherryffe'.

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The Tenth Parliament: 27 October-ig December 1601 an indenture and ellection of William Delaber, and sent403 the same in a lettre to him. Mr Delaber404 sought the sherryffe and his deputie in London to deliver the indenture of Cardigan, but not ffmdinge him, delivered the same to the Clarcke of the Crowne, payde his ffees, was sworne, and admytted into the Howse till this present daye. Nowe at this committie ffor privelidges Doctor Aubrey cam to complayne. The comitties / ffound uppon examinacion of the matter that the countie courte was aswell kepte at Aberistowe as at Cardigan, alterius vidbus,405 and that the countie courte was to be kepte at this tyme at Aberistowe. Soe when they went to conferrence, both Aubrey and Delabere were desired to departe fforth, and uppon consultacion these questions arose: First, whether the Howse have power to ffyne the sherriffe, because accordinge to the statute406 he sent not his warrant to Cardigan. Next, yf he be punishable by the penaltye of the statute. Alsoe, yf he have pursued his aucthoritye in makeinge an ellection in Aberistowe.407 Which are lefte with divers other dowbtes to the discussinge of the Howse the next daye, and to the reporte of Sir Edward Hobbie, or Mr Sollicitor; quere the next daye.408 Alsoe in the xxiijth of Elizabeth a warrant dyrected to the towne of Hull fFrom the Speaker Popham, no we Lord Cheife Justice, beinge then Speaker. Sir Edward Hobbie at this committie said by Awbrey and Delabere, the one beinge a civill, the other a common, lawyer that he might saye of them, as the Duke of Millayne said of409 the theefe, 'It410 is noe matter whether goe ffirst, the hangman or the theefe.' The towne of Harwiche in Essex and Newe / Towne411 in come. Southampton have returned burgesses this parlement which they never did before, quod nota.4n 6 November, Fridaye. An acte ffor the unitinge and consolidacion of certayne smale churches in Exeter into one parishe churche. An acte ffor the better settinge of watches in the night ffor the apprehendinge of suspected persons. To which acte Sir George More spake and said, 'Mr Speaker, I am still of opinyon that it ys good to have tryall of lawes before we make them perpetuall, ffor those that be night walkers offend God, doe the common wealth413 noe good, and sine in both. In my oppinyon, therfore, it were good to lymitte the continuance of this lawe414 and that the deffectes therin might the better415 be examined, to be committed.' An acte to avoyde and prevent divers lewde misdemeanors in base and ydle persons.416 Doctor James, a civilyan beinge a committie,417 brought in the acte againste drunckerdes and common haunters418 of tavernes and alehowses. An acte ffor the inhabitantes of Rappesdale419 in the countie of Lancastre toucheinge the buyeinge of wolles. An acte ffor the better keepinge of the Sabboth daye, otherwyse called Sondaye. In which acte ther was a provisoe that all contractes made / on the


Sondaye in fFayers or markettes should be utterlye voyde and the goodes soe contracted ffor to be fforfeyted to the Queene's use.420 Mr Glascocke of Graye's Inne stood up and spake to this bill and said, 'Mr Speaker, I would willinglye put one case to the Howse to knowe whether yt be their myndes yf a man take a wyfe on the Sondaye in ffayer or open markett that this should be voyde and she and the goodes {Forfeited to the Queene's use, ffor that is contracted At which the Howse lawghed. Mr Bacon said, 'Maye it please yow, Mr Speaker, not out of ostentacion to this Howse, but reverence I doe speake yt, that I doe muche wonder to see the Howse soe contynuallie devided and to agree uppon nothinge, to see manye421 lawes here so well fframed and offences provided ffor, and yett422 to have noe better successe or entertaynment. I doe thincke every man in his perticuler bound to helpe423 the common wealth the best he maye, and better it is to venture424 a mane's creditt by speakinge then to stretche a man's conscience by silence,425 and to endevor to make that good in nature which is possible in effect. Lawes426 be lyke pilles, all guylte over, which yf they be easilye and well swallowed downe, are neyther bitter in disgestion nor hurtefull in the bodye. Every man knowes that tyme is the true controwler of lawes, and therfore ther haveinge byne a greate alteracion427 of tyme428 since the / repeale of any nomber of lawes, I knowe and doe assuer my selfe ther are manye more then I knowe, lawes both needles and dangerous. I could therfore wishe that as 403. Ha2 omits. 404. Cam. omits 'and sent the same in a lettre to him. Mr Delaber' (+ FH, Gor.). 405. Stj: 'altemis vidbus (+ Cam., Gor.); FH omits the Latin. 406. Cam.: 'warrant'. Probably 23 Hen. VI, c.i4 (1444-5), which refers to sheriffs who do not send precepts to mayors, etc. in boroughs (see SR, ii.340-1). 407. Eg.: 'Aberstowe' (+ Hay, FH, Cam.). 408. Townshend has no further record; D'Ewes, p.628 has nothing for 6 November. 409. Cott.: 'to' (+ FH). 410. FH: 'there'; Cam.: 'thus' rather than 'it is'. 411. St2 (+ Ha2): 'a newe towne'. 412. Newtown, Isle of Wight sent its first members in 1584, but Harwich never did in Elizabeth's reign. 413. Cam.: 'countie' rather than 'common wealth'. 414. Cott.: '. . . were fitte to try all the continuance of this lawe . . .'. 415. St2 omits. 416. FH: '. . . misdemeanors and ill goverment of idle persons'.

417. Cam.: 'committed'; FH omits 'being a committie'. 418. Ha2 (+ Cam.): 'hunters'. 419. Cam.: 'Ratchdale'; FH: 'CoppesealT; Gor.: 'Kappesdale'; the bill is presumably for Rochdale (D. Dean, 'Bills and Acts. . .', p.260. 420. Twysden (Stowe 359, f.278 adds 'A byll is not to bee read twice after ingrossing, yet some were of opinion that beeing onely an order of the Howse might bee dispensed with.' Twysden says this arose out of discussion about a clerk's erroneous insertion of a clause in ingrossing, and whether therefore a bill could be amended after ingrossing. It was agreed the mistake might be amended. 421. Cott.: 'my'. 422. St3: 'kept'. 423. Cam.: 'keepe' (+ FH). 424. Cam.: 'censure' (+ FH). 425. St2 omits 'by silence'. 426. 813: 'lowers'. 427. St3: 'tolleration'. 428. Cam. omits 'of tyme' (+ FH).

325

v.

326

The Tenth Parliament: 27 October—19 December 1601 usuallye at every parleamente ther ys a committie sellected ffor the contynuance of diverse statutes,429 soe the Howse would be pleased alsoe that their might be a committie ffor the repeale of divers statutes and430 of divers superfluous branches of statutes, and that every particuler member of this Howse would give informacion to the committies what statutes he thincketh ffitt to be repealed, or what branche to be superfluous, least (as he sayth) pluat super nos laqueas;42"1 the more lawes wee make, the more snares doe wee laye to yntrappe our selves.' Uppon which motion a committmente was graunted to meete on Fridaye.432 7 November, Satordaye.433 An acte that the marquesse of Winchester maye dispose of his landes wherof he is tenant in tayle as other tenantes in tayle maye doe by the lawes and statutes of this realme.434 This ys the ffirst readinge435 and the pedigree herafter was then produced to the Howse: Elizabeth I wife

1436

=

Roberte Willoughbye = Dorothie 2 wyfe Lord Brooke

Anne = Charles I daughter Lord Mountioye

James Lord Mountioye

Sir John = Elizabeth Pawlett [2] daughter Lord Marquesse of Winchester

William Lord Marquesse of Winchester

Charles Lord Mountioye

William nowe Lord Marquesse

Edward Willoughbies Blaunche the ffirst daughter was marryed to Francis Dawtrye I Sprate

The Ladye Dennye had yssue two daughters

The Ladye Katherine 2d daughter had yssue 4 sonnes and 4 daughters

Elizabeth 2 daughter marryed to Sir Fulke Grevill, and had yssue Fulke Grevill, esquier.

Marye marryed to the Lord Cromwell, and had yssue 2 sonnes and 1 daughter, one sonne Cromwell and had yssue 2 sonnes and 1 daughter, and had yssue 1 sonne, and George Cromwell, and one daughter and had yssue vij children The Ladye Elizabeth was marryed to Sir William Courtnye

Sir William Courtnye had yssue 3 sonnes 6 daughters

Journals:Townshend's journal, 27 October-it) December

327

Ther was this daye a page437 brought to the barre for that Sir Francis £24 Hastinges had caused him yesterdaye to be committed, ffor that as he went downe the stayers the page offerred to thronge438 him, wheruppon he held him till the Speaker came out of the Howse, whoe did committe him to the Sergante's custodie439 tyll this daye, to knowe440 the pleasuer of the Howse what they would doe therin. But this daye, uppon Sir Francis Hastinges' intreatye, speakinge very earnestlye ffor him and of his innocencye and unwillingnes to doe that ffacte, as alsoe uppon the page's submission uppon his knees at the barre, he was discharged. It was moved, because his hayer was extraordinarye441 longe, he might be carryed to a barber, and close cutt before his dischardge, but that was thought to be very unfitt fFor the gravitye of the Howse to take notyce of soe slighte442 a ffaulte. Soe after a sharpe443 and threateninge admonicion given him by the Speaker he was discharged. / Sir Edward Hobbie moved the Howse that ffor asmuche as the auntient v. custome of the parleamente had bene that not onlye themselves, but their444 servantes should be ffree ffrom all arrestes, yett notwithstandinge, a servant of Mr William Cooke, a member of this Howse, was arested by one Baker, a sergante, at the suite of another445 uppon a bond, in which, indeed he is but suertye, as maye appeare unto yow by this lettre. Soe the lettre was read, the contentes ware as aforesaid, with this clause in the end: 'From the most loathsome and uncomfortable hole in the pryson of Newgate, I humblye', etc. 429. Cott. adds: 'and of divers superfluous' (apparently miscopied from a few lines below). 430. St2 omits. 431. St2: 'laqueos'; GOT.: 'perveniat super nos laqueos'; Cam.: 'loqueas'', FH omits 'he sayth . . . laqueas'.

432. Cf. Hoby's and Harris' contributions (fos.8v-9). 433. St2 omits date and day; Ha2 has '5' rather than '7'. 434. Winchester was said to be £13,000 in debt to the Queen (GEC, Complete Peerage, sub Winchester. See also HMC,Sa/i's, x.3o8, 313-14; xi.4io, 584 for projected sales of land and the bill. 435. Only Rawl., Ha2 and St2 indicate that the pedigree was brought in to the House; Rawl., however, omits it, though there is a space in the MS for its insertion. 436. Only three of the manuscripts have the pedigree at all, St2 and Ha2 incorporating it into the text, Pet. in an appendix. Of the remaining manuscripts which omit the pedigree, 813, Eg., Hay note that it is to be seen at an

437. 438. 439. 440. 441. 442. 443. 444. 445.

unspecified folio, though obviously the original has not been copied at this point. None of the three versions include Robert Willoughby's first wife Elizabeth, and Ha2 supplies the '2' for his daughter here in this version from St2: Ha2 also has 'Sprote' rather than 'Sprate', and 'ore Sne Cromwell' for 'one sonne Cromwell'. The Petyt copy bears a note 'This pedegree I had of Mr Verney who married the abovesaid Fulke Greville's sister, and was interessed in the bill of the Marquesse of Winchester, touching which see the 7 November: there this pedegree should have ben placed.' See D'Ewes, p.629 for Rowland Kendall. Cam.: 'throwe' (+ FH). Cott.: 'tuition'. St2: 'hee knewe'. St2 omits. 813: 'fowle'. Ha2: 'shorte'. Cam.: 'three' (+ FH). St3 omits 'at the suite of another' (+ Cam., FH, Gor.).

328

£25

v.

£26

The Tenth Parliament: 27 October-ig December 1601 Uppon which motion (as alsoe uppon declaracion446 of a president in the xxxvth Henry 8447 that sherryffes of London were committed to the Tower ffor arrestinge of George Ferarees,448 one of this Howse) it was generallye agreed that the Sergant of this Howse449 should be presentlye sent with his mace ffor the said prysoner and his keeper, and alsoe should commaund the said Baker the sergeant, and the450 procurer of the said arrest,451 to attend the courte on Mondaye morninge. Soe after the Sergeant had byne awaye about an hower and a halfe, he broughte the prysoner and his keeper to the barre, whoe affirmed the whole matter as / aforesaid, and the keeper452 was comaunded by the Howse to deliver the prysoner to the Sergeant, which he did by takeinge him by the hand, and soe delivered his prysoner; and the Howse comaunded the keeper to take noe ffees, and soe the prysoner was quyte discharged. But Sir Roberte Wrothe453 moved to knowe whether Mr Cooke would arryrme that man to be his servaunte, whoe stoode up and said he was one of his moste necessariest servantes, ffor in truthe, quothe he, 'He is my taylor'; and theruppon the Sergeant was sent ffor him, as aforesaid, etc. An acte ffor the better settinge of watches, which was committed to the Middle Temple Hall on Thursdaye at two a clocke.454 Mr Henshawe the Councellor455 moved the Howse in the said bill that the ymediate456 landlord of every sutch night walker should be bound ffor the good behaviour of him to the Queene's use. Which the Howse would by noe meanes heare of. An acte to avoyde and prevent divers lewd misdemeaners in base and ydle / persons which is committed to Thursdaye in the Middle Temple Hall to the committies in the bill of night watches. An acte againste common drunckardes and haunters457 of alehowses, the effect wherof is that yf any man doe goe to an alehowse within two myles of his owne howse, he shall fforfeyte soe muche as he is in the subsedye. Mr Glascocke spake to this bill and informed the Howse that yt was a common and usuall thinge in Lancashier and those partes ffor gentlemen as they goe on hawkinge458 to goe and take a repaste in an alehowse, yea men sometymes of 500 marckes459 a yeare. 'But Mr Speaker, I hope those men are not intended to come within this bill. For the acte itselfe, I thincke it to be a meere copwebbe to catche poore fflyes in.'460 Sir Frauncis Darcye said, 'I thincke this bill very ffitte to be considered of, and to be committed, ffor it tendeth to the restraynte of great excesse usuallye committed461 which wee had need espetiallye to provyde ffor, seinge sutch contynuall and greate provision, both of meates and drinckes goe daylie out of the land, cheiflye into Ireland, that (as an honorable person462 / affirmed inthis Howse) wee ffeed an armye therwith,463 yea, all464 the realme almost within the Englishe Palle and elswhere in other countryes. Besides, in restrayninge this greate excesse, wee shall doe ower dutyes and please God the more, whoe is jealious of his honor and will not suffer sutch and soe greate a sinne to be unpunished, neyther in the offenders themselves, nor in465 us, ffor466 tollerateinge467 the same; but will laye his heavy e hand of wrathe and

Journals :Townshend"s journal, 27 October-ig December

329

indignacion uppon this land, which God averte and turne468 ffrom us.'469 So it was committed to the Middle Temple Hall on Fridaye in the afternoone. The acte toucheinge weightes and measuers was read which uppon divers mocions was clearlie expulst the Howse. Mr Wyseman shewed a greate ymperfection in the bill, because ther wanted a remedye to meete with the clarcke of the markett.470 'Besides, where a punishment ys inhaunsed and a specyall privelidge to gayne greater authoritye, yt makes mee dowbte muche of the good intent, ffor whie should he desier to have Wales in, seeinge he hath yt in471 his jurisdiction alreadye, and it is as ordinarye, bringe your groate,472 when he goeth a circuitinge, your measuer shalbe even.'473 It / was after put to the question fFor committment and some xije 'I, I, I'.474 v. But not one ffor475 the ingrossinge, but all said 'Noe', soe it was reiected. In the afternoone the same daye, at the committment in the Howse touchinge the subsedie. Sir Walter Raleighe moved the Howse to consider ffor what intent they came together,476 and nowe in their comeinge what was to be considered ffor the subsedie, and the manner and quallitye therof. 'I will nowe onlye yntimate unto yow thus muche, that he laste parleament onlye three subsedyes were graunted uppon ffeare that the Spanyardes were comeinge, but we nowe see they are come and have sett ffoote even in the Queene's terrytories alreadie, and therfore are the more477 of us to be respected and regarded.478 And seinge 446. Cott.: '. . . as alsoe declare a presidente in . . .'. 447. St2: '35:44: [blank]'; Ha2: '34 Henry 8'. 448. Sic. See Commons, ed. Bindoff sub Ferrers; 'the chronicles are in agreement that the case occurred in 33 Henry VIII' (S. E. Lehmberg, The Later Parliaments of Henry VIII (1977), p.327, n.172). 449. Cott. omits 'of this Howse'. 450. Cott.: 'other'. 451. Cott. omits 'of the said arrest'. 452. Cott. omits 'as aforesaid, and the keeper'. 453. 813: 'Worth' (+ Cam., FH). 454. St2 has a full stop after 'Hall' and starts a new paragraph with Thursdaye'. 455. i.e. counsel for the Corporation of London (Commons sub Henshaw, Thomas). 456. Cam. omits. 457. Cam.: 'hunters' (+ FH). 458. St2: 'huntinge' (+ Pet., Eg., Ha7). 459. Ha7: 'b'; Cam. adds "landes" (+ Cott., Gor.); Eg.: '500" lande'. 460. Tilley, p-37i attributes this proverbial saying to Ersamus, Adagia.

461. Pet. omits 'fFor i t . . . usuallye committed' (+ Eg., Ha7). 462. 'Sir Roberte Cecill' in the margin here. 463. St2: 'the which'. 464. Cott.: 'out'. 465. Cott. omits 'in the offenders themselves, nor in'. 466. Cott.: 'from'. 467. Ha7: 'collecting'. 468. St3 omits 'uppon this . . . and turne'. 469. Cott.: '. . . but will by his heavy hande of wrath and indignacion upon us which God turne from. Soe . . .'. 470. Ha7: 'remedie'. 471. St2: 'hee is in'. 472. Ha2: 'greate'. 473. Cott. adds 'inoughe'; Cam. adds '[blank]' (+ Eg., Hay). 474. Cam. omits 'I, I, I' (+ FH). 475. St2: 'of. 476. Cam.: 'thither' (+ FH). 477. St2: 'most'. 478. St2 omits 'respected and'; Cott. omits 'and regarded'.

33O

£.27

v.

£.28

The Tenth Parliament: 27 October—ig December 1601 the sale of her Highnes' owne Jewells, the greate lones her subiectes have lent her yett unpayde, the contynuall sellinge of her landes and decayeinge of her479 revenewes, the spareinge even out of her owne purse and apparrell ffor our sakes, will not serve, but yett she muste be ffayne to call her Courte of Parleament fTor our advyse / and ayde in this case, I wishe ffor my owne parte (as a particuler member of this common welth)480 that we maye not doe lesse then wee did before, and that we alsoe would doe bountifullye, accordinge to our estates, contribute481 to the necessitye of her Majestic as nowe yt standeth.' Mr Wyseman said, 'After a very discreete and iudicious speeche made toucheinge Code's protectinge us ffor religion sake, our peace and quyettnes, the safety e of her Majestic's person, the great victoryes we have had, the greatnes of neighbour prynces, reysed onlye by her Majestic soe that she hath spent, as yt was said by Sir Walter Raleighe soe muche that nowe she is ffayne to desier the helpe of her subiectes, lett us therfore drawe to some head, and leave our orations and speeches, ffitter ffor a parleament then ffor a committie; we are to consider what onlye is ffitt to be given. And ffor my owne parte, as482 a poore member and one of the meanest in this Howse, I wilbe bould to deliver my oppinyon ffirst,483 because some must breake the ice:484 iij11 land and under to paye ijs viijd485 in the pownd;486 vh goodes and under to paye xxd in the pownd, and dowble tenthes and / ffyfteenes, assoone as possible may be. And thoughe I maye seeme over bould beinge but a rarall and countrye man,487 to speake even out of myne owne ellement in this case,488 yett I doe hartelye crave pardon of all, beseechinge that neyther my unaptnes or dissorder of speeche, nor the unworthines of my person, maye preiudice the case.' Sir Roberte Wrothe489 moved that iiij11 land, ffull subsedie, and vjh goodes,490 ffull subsedie, might be paid to her Majestic. Sir Francis Hastinges moved that the iijli491 men might be exempted, and all others above that rate, to paye accordinge to the rate, to make up a ffull subsedie. Mr Phillips492 moved that iij11 men might be spared and iiijer subsedies493 receyved ffrom the riche which should be termed a contribucion, because yt might make noe494 ynnovacion.495 Sir Walter Raleighe said, 'Yf all paye alike none wilbe agreivedi;496 yf any be excepted dowbtles it will breed muche greife and the ffeelinge wilbe greate to those iij11 men that will ffeele any thinge, but it wilbe nothinge to them that knowe any thinge.'497 Sir Edward Hobbie said, 'We cannotte / heare yow, speake out; yow should speake standinge that the Howse might better heare yow.' Soe Sir Walter Raleighe said that beinge a committie he might speake eyther settinge or standinge, and soe repeated over agayne his fformer speeche.498 Mr Secretarye Cecill said, 'Because it is an argument of more reverence, I choose to speake standinge. As longe as the Queene by advise of her Councell did ffind meanes to spare yow soe longe she ever desired that her subiectes might not be chardged. But yf her Majestic assone as the laste subsedie had bene spent should have agayne resorted unto yow, I doe assuer yow this

Journals:Tou>nshend's journal, 27 October-iy December

parleament had bene called in October laste. Nowe yf uppon the providence and fforesight of a groweinge soare yow did contribute unto her Majestic, muche more should wee nowe doe the same, seinge a resolute companye of Spanyardes have intrenched themselves in her Majestie's kingdome of Ireland, and more supplyes thether are dailye expected, it is tyme to open499 our coffers that wee maye500 obvyate501 in the begininge these ffewe fforces of the Spanyardes, least groweinge to greater fforcees502 wee cannott expell them then503 with 500 which we maye nowe doe with 100 in present. / Yf there be any that sittes next the doore be desirous to sitt next the Chayer to give his opinion, I will not onlye give him my place, but thancke him to take my chardge.' This was conceyved to be spoken of504 Sir Edward Hobbie, whoe comeinge to sitt neere the Chayer and none505 giveinge him place, satte next the doore. 'Wee that sitt heare, ffor my parte, take your506 ffavores out of curtesie, not out of dutye. But to the purpose. [The Queene wantinge meanes and counsell hath assembled hir great counsell which I wishe may be answereable to expectacion and our estate. First, I take this pro concesso that the 479. 480. 481. 482. 483. 484.

485. 486. 487. 488. 489. 490. 491. 492. 493.

494. 495.

496. 497. 498.

Cott. omits 'decayeinge of her'. Cott. omits 'of this common welth'. Sta: 'contributeinge'. Cott.: 'or'. St2: 'opinyon, first' (+ Eg., Hay, Pet., St3, Gor.). Tilley, p.336 attributes this phrase to Erasmus, Adagia. 813: '3s'. St2: 'in the pownd'. This description of himself may be an unlikely one (Commons). Cam.: 'House'. 813: 'Worth' (+ Cam., FH, Ha2). Cam.: 'land' (+ FH). Cam. 'iiiju>. Commons assumes this is John Philipps, rather than Edward Phelips. St2 (+ Ha2): 'iiif subsidyes' (+ Cam., FH); Cott.: 'a subsidy'. Cam.: 'an' (+ FH). Cott. omits. Stowe 358 has gaps in the text here where presumably the clerk had difficulty in copying from Cott. (or the common source): indeed Cott.'s rendition of the words 'spared' and 'receyved' is unrecognizable. St2: 'wee will paye all alyke, manye wilbee agreived'. 813 omits 'but wilbe . . . any thinge'. Twysden (Stowe 359, fos.278^279) reports: 'In the afternoone onley out of other remembrances. Post meridiem

499. 500. 501. 502. 503. 504. 505. 506.

The committees met in the Howse of Commons: one (after they had sate silent a good while) sayd softly to the Counsell that he thought they did expect some dyrection from them. Answere was made, "Have they not tongues as well as eares", but this was pryvate, neyther is the names of the sayers remembred. In the meane tyme Sir Edward Hobby beeing beckoned unto by Sir Walter Rawleigh was coming up as if he / might have a place neere the chayre, but when he came there was no roome; whereupon he returned to the lower end and there sate. After this, Sir Edward Hobby, eyther for truth conceiving he ought to stand, or out of anger cryed "Stand up", twyce or thrice. But many affirming he might sit at a committee, Sir Walter Rawleigh brake of his speech and with a countenance full of disdayn sayd, "It is sayd to the contrary I would have beeleft you better in a forenoone." But this was heard but by few.' St2: 'ofFerr'. Cam.: 'man'. Cott. unintelligible here (Stowe 358 blank). Cam.: 'forres'. St2: 'them'. Pet. omits 'spoken of (+ Eg., Hay). Hay: 'now'. Cam.: 'our' (+ FH).

331

v.

332

£29

v.


former 3 subsedies wilbe granted.]507 The Queene hath occasion to use, as diverse in this Howse doeth knowe, 300,000''508 before Easter; howe this shalbe raysed and gathered that's the question, ffor without this proportion of chardge, neyther the Spanyardes in Ireland509 can be repealed510 and the warres there mayneteyned, neyther her Majestie's other affayers be sett on ffoote, neyther provision sufficyent can be made ffor deffence ffrom fforeyne invasions. Admytte with a lesse chardge we should nowe expell them, will any man be soe simple to thincke he will give over the enterpryse, beinge of soe greate consequence and511 growe desperate? I should thincke him but a man of shallowe understandinge and lesse pollecye. Suerlye, yf we512 had bene of that minde when he had that greate overthrowe of his ynvincible navye in anno I588513 wee had bene destinated unto perdition, ffor howe / manye chardgable514 enterpryses of puissante and greate consequence hath he since made? The like, yf his fforces in Ireland should nowe ffayle, would he doe agayne. And therfore that we nowe doe in deffence, yf he should be expelled with a lesse matter, would eyther serve to make defence agaynste his next ynvasion of that kingdome as alsoe inriche her Majestic to be reddie to ffurnishe her navye and fforcees the spedier ffor her safetye. Besides, yf he bestowe sutch masses of treasuer ffor the gayninge of one poore towne, Ostend, what will he doe to gayne soe stronge and ffamous a kingdome515 as Ireland? I will by the leave of a worthie person whoe sittes by me,516 and knowes these thinges better then I doe, yeild a perticuler accompte517 unto yow of the state it selfe. First, the laste whole subsedie, after the rate of iiijs land and viij groates goodes,518 came not to above 8o,oooh; the subsedie of the clergie 20,000''; the dubble ffifteenes, 6o,oooh; all which is i6o,oooh.519 [The Kinge of France oweth the Queene 9,oooh, the Lowe Countryes owe her thirteene thousande poundes]520 since my lord of Essex goeinge into Ireland whoe nowe is with God she hath spent 300,000^; which cometh unto 322,000''.521 Soe the Queene is behinde hand above 30O,ooou.522 Thus wee referre the matter to your judiciall consideracion; we onlye shewe yow the presente / estate of the Queene and her affayers; wisheinge noe man523 to looke524 that wee should give advise what is to be done as thoughe yow yourselves, whoe are the wisdome of the land, could neyther directe yourselves, neyther uppon these reasons alledged iudge of the necessitye of the state.'525 Mr Comptroller, Sir John Fortescue, and Mr Secretarye Harbert spake all to the like effect, onlye Sir John Fortescue added this, that what pleased the Howse in the name of the subiectes526 to bestowe, the same her Majestic did and would ever ymploye to their uses, soe that dyeinge it might be wrytten on her tombe, as on the emperors': Quod occupatus vixit. Soe that she dyeinge lyved still, ymployeinge all to the safetye of her subiectes.527 'And I beseeche yow all remember that the greate Turcke, when he conquered Constantinople, ffound therin 300 milliones of gould, which beinge tould him, "Yf they", quoth he, "had bestowed but 3 mylliones in deffence of their cittye,5281 could never have gotten yt." From this blindnes I praye God deffend us; that we maye not be


backwardes to give ffower subsedyes to her Majestic, ffor wante wherof in tyme we maye happe to loose that which will / not be recovered or deffended with 100.' Soe after a ffewe other conferences and speeches pro et contra it was concluded that the Howse should529 be certifyed of the proceedinge on Mondaye, and by generall conscent the iij1' men were to be yncluded. And soe the Howse, about six of the clocke it beinge darcke night, rose confusedlye and would sitt noe longer.530 Noate that Mr Anthonye531 Maynard, by conscent of the whole Howse, satte in the Chayer as clarcke to register the order of this committment; whoe wroate at least two sheetes of paper, but what he wrote I knowe not. By conscent also he was licensed to put on his hatte. 507. From Cott., the only MS to have the paragraph. 508. Cam.: '500,000' (+ FH). F. C. Dietz, English Public Finance (2nd edn., 1964), p.96 quotes this figure, citing Cecil in Parliament as his source. 509. Cam. omits 'Spanyards in Ireland'; FH: '. . . the Painyards can be . . .'. 510. Form of'repelled' (OED): Hay: 'expelled'. 511. St2 omits. 512. St2: 'hee' (+ Ha2). 513. Cam. omits 'in anno 1588' (+ FH). 514. Hay: 'changeable'. 515. Cam.: 'Cittie'. 516. St2: 'whoe sees mee'. The reference is probably to Sir John Fortescue, Chancellor of the Exchequer. 517. Cam.: 'attempt'. 518. St2 omits. 519. St.? omits 'all which is 160,000''' (+ Cam., FH, Gor.); Cott. omits 'the subsedie of the clergie . . . 160,000'''. 520. From Cotton (though inaccurate?). 521. FH omits 'which cometh unto

523.

524. 525.

526. 527. 528. 529. 530.

322,OOOh>.

522. St2 omits 'which cometh . . . above 300,000'h; Stj: '200,000^' (+ other MSS). D'Ewes, p.630 has a tidy account; i.e. £160,000 received and £300,000 spent, thus producing a deficit of £140,000. These figures, of moneys owed by France and the States, seem to bear no obvious relationship to the current total debts outstanding (See F. C. Dietz, op.at, chapter xx especially.) It is possible, leaving aside the question of their accuracy, that they

531.

relate to shortfalls on instalments rather than total amounts, though Dietz (pP-97» 455~6) shows that £60,000, now 'behindhand' from the Dutch by March or April 1602, were acquitted. Cott.: 'Thus I referr it unto yow, only we shew yow the estate of the Queene, wisheinge no man'. St2: 'take'. Twysden (Stowe 359, f.2y8v) summarizes the discussion recorded here, including Cecil's speech, though he revises some of the figures, that is, he says the French king's debt was £130,000 and Low Countries' was £900,000. Cecil is also said to have brought precedents from Mary's reign and one from the first year of Elizabeth. Eg.: 'subsidy' (+ Pet., Hay). Cott.: '. . . imployinge all the saftie of her subiectes'. Cott. omits 'in deffence of their cittye'. Hay: 'would'. Twysden adds (Stowe 359, £279) 'Sir Edward Hobby at the end excused hymself desiring pardon if he had offended because indeede he heard not what was sayd, though he did presume it to be well.' Twysden also mentions Townshend by name here: 'he writ a perfect diurnall of this parlyament out of which much of what hath and shall bee sayd is taken.' FH: 'Arthur' (+ Cam.); Commons: Maynard, Henry. HC, p.379 describes him as 'a member', but is wrong to call him 'Antony'.

333

f-3o

334

The Tenth Parliament: 27 October-ig December 1601 8 November, Sondaye.

v.

£.31

9532 November, Mondaye. An acte was read ffor the repressinge of the mayneteinaunce.533 An acte to represse people ffrom idle ffysheinge,534 the ffirst tyme read. A bill ffor the reformacion of abusees in the makeinge of clothe.535 An acte ffor the benefitt of marchantes and advaucemente of her Majestie's customes, both ynward and outward. An acte to restrayne the nomber of common sollicitors put in by my selfe, the collector of this jurnall, viz. Hayward Towneshend of Lincolne's Inne,536 to which he537 spake as followeth.538 / 'Maye it please yow, Mr Speaker, it was well said by a worthie member of this Howse', (Mr Francis Bacon), 'that every man ys bounde to helpe the common welth the best he maye; muche more is every man in his perticuler bound, beinge a member of this Howse, yf he knowe any dangerous enormitye towardes the common welth, that he would not onlye open yt, but yf it maye be oppresse539 it. Wee beinge all her within these walles together maye be likened to a jurye, close shutte up in a chamber, every man there uppon his oathe, and every man here uppon his conscyence, beinge the grand540 jurye men of this land, bound to deale bothe trulye and playnelie. Heerwith, thoughe a moste unworthie and least sufficyent541 member of this Howse, my selfe beinge touched I had rayther venture my creditt by speakinge, thoughe confusedlye,542 knoweinge soe greate a mischeiffe and ynconvenyence unto this kingdome by silence in soe pleasinge a cause, as I doe perswade my selfe this bill wilbe, to every man that heares yt. To which, Mr Speaker, because I maye have benefitt of speeche yf occasion serve, at the second readinge therof, I will not speake more at this present, then onlye touche the very tract of the bill it selfe. 'The honorable / personage that in the Upper Howse in the begininge of this parleamente spake agaynste the lewd abusees of prowelinge543 sollicitors and their greate multitude, whoe sett dissention betwixt man and man, like a snake cutt in peeces, craule together to joyne544 themselves agayne to styrre up even spirrittes of contention; he, I saye, advised us that a lawe might be made to represse them. I have observed that noe man this parleament ever offerred to preferre anye sutch bill to this Howse; but suer I am noe man spake to this purpose. I have therefore, Mr Speaker, presumed545 out of my younge experyence, because I knowe parte of their abuses, and with that smale porcion of learninge546 that I have to drawe a bill and her it is. The tytle is thus: "An acte to represse the multitude of common sollicitors". The bodie of the acte disableth all personnes to sollicite547 anye cause other than their owne. There ys excepted and fforeprysed ffower severall sortes:548 lawyers, and attornyes in their owne courtes where they be sworne, servantes in liverye, and549 kinsmen within the ffowerth degree of consanguinitye. And noe man within this kingdome but maye ffind a sufficyent and550 convenyent sollicitor within /


335

theise ffower degrees. And I humblye praye it beinge551 soe shorte, that the bill v. rtiaye be read and receyved.' An acte concerninge certayne abusees in the Exchequer committed to Tuesdaye in the Exchequer Chamber in the afternoone. An acte againste transportacion of monyes. Mr Davyes made a longe and tedious speeche, the effect wherof was that by transportacion of monyes the realme ys ympoverished, ffor that xxs Englishe is552 xxiij5 Flemishe and as muche good silver in the ffrrst as in the last, etc. And soe they gayne iijs in every pownd, and the like he said was in commodityes, etc. Mr Secretarye Cecill spake toucheinge the subsedie as ffolloweth. 'When it was the good pleasuer of this Howse to give order to the committies to consider the common daunger of the realme, in which not onlye every member of this Howse but every man in the kingdome is interessed,553 yt liked the committies after their resolution to choose one amonge all to give accompte of their proceedinges, and that is my selfe. I doe knowe yt were the safest waye ffor a man's memorye to deliver the laste resolucion without anye precedent argumente, ffor rare is554 the assemblye in wihch their / ys not some f-32 varietye of oppinyons. I need not recyte the fforme,555 the comittie by reason of soe good attendaunce556 beinge little557 inferyor to our assemblye at this 532. St2: '5'. 533. Gor. omits this entry. This seems to be the bill for 'strengthening of the grants made for the maintenance of. . .' (D'Ewes, p.631). 534. St2: 'shiftinge' (+ other MSS), as in the appendix of bills under 9 November (f.i82v). 535. St2 omits this entry. 536. At this point FH continues: 'This speach was delivered att the putting in of my bill touching sollicitors, and must be placed in fol [blank]', i.e. the instruction found with the speech when it appears in appendices (see below, n.538) has been copied into the text. (+ Cam., though 'fol.4y' cited there is not related to the foliation of the MS). 537. Sic. (+ St2, 813, Ha2). 538. Gor.: '. . . journall at the putting in whereof I delivered this speech'; Cott. omits 'by my selfe . . . followeth', and entries begin again at the Exchequer bill, though a marginal note runs: 'See f.:82 for the speech delivered with this bill'; there is no speech at any point in the MS, and the folio given bears no relation to current or amended

539. 540. 541. 542. 543. 544. 545. 546. 547. 548. 549. 550. 551. 552. 553.

554. 555. 556. SSI-

foliation. St3 also omits the speech and a marginal comment, possibly in another hand, notes the omission. Eg. (+ Pet., Hay) does not include the speech in the text, though they note that it appears in their appendices. The first reading was on 10 November (below). Ha2: 'represse'. MS repeats. Ha2 omits 'and least sufficyent'. FH adds 'then to stretch my conscience' (+ Gon., Cam.). FH: 'brawling'; Eg.: 'polling' (+ Hay). St2: 'wyne'. St2: 'perswaded'. St2 omits 'of learning'. Cam.: 'followe'. St2 omits. FH adds 'not'. FH omits 'sufFicyent and'. Cam.: 'beseechinge'. FH: 'and'. Cott.: '. . . in which every man is interessed'. St2: 'in'. Cam. adds 'of. St2: 'of such attendaunce'. Cott. omits.

336

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£33

The Tenth Parliament: 27 October-ig December 1601 present, yett yf it be true that forma doth dare essentiam, yt wilbe somewhat necessarye ffor me to delyver the manner of our proceedinge and the circumstances, reyther then to hazard the interpretacion of sutch a resolucion. The daye was Saterdaye laste,558 the place in this Howse, the tyme aboute flower howers, and I am of oppinyon yf we had all agreed uppon the manner as we did speedilye uppon the matter, all had bene dispatched in an hower. It559 seemed by the readye conscent of the committies that they came not one to looke of another, like sheepe one to accompanye another,560 but the matter was well debated by some and at lenght conscented unto by all. Our contention bredd difference, our difference cause of argument both howe to ease the state and make this subsedie lesse burthensome,561 which shalbe receyved.562 Some were of oppinyon that the iijH men should be spared, because it was to be considered they had but smale porcions and that they563 did give almoste secundum sanguinis.SM Others were of oppinyon that the iiij11 men should give doble and the rest upwardes should be higher cessed.565 Others were of other oppinyon. Agayne it was moved whether this subsedie / should goe in the name of a benevolence or contribucion, or whether in the name of a ffowerth subsedye, but was said566 to be subiecte to greate mistakeinge because in our567 tyme yt would be said a great innovacion. But at lenght moste voyces resolved it should have the old name of a subsedie, because subsidium and auxilium568 are all one. The moste voyces concluded that ther should be noe exception of the iij11 men, because accordinge to their rate, some were cessed569 under value. Besides seperacion might bread emulacion, suspicion of parcyallitie, and confusion. The tyme was resolved uppon, and that570 in respect of expedicion, to be by the ffirst of Februarye. And the whole realme, when eache man comes into his countrye, wilbe better satisfyed when they shall knowe we have spared noe man,571 nor made noe distinction. It was said by a member of the Howse572 that he knewe some poore people pawne their pottes and pannes573 to paye the subsedie. It maye be yow574 dwell wheare yow see and heare, I dwell where I heare and beleive, and this I knowe, that neyther potte nor panne, nor dishe, nor spone, should be spared when daunger is at our elbowes. But he that spake this in my conscience spake it not to hinder the subsedie or the greatnes of our guyfte, but to shewe the povertye of some cessed, and / by spareinge them, to yeild them releife. But by noe meanes I would have the iijh men exempted, because I doe wishe the Kinge of Spayne might knowe howe willinge we are to sell all in deffence575 of Code's576 religion, our prynce and countrye. I have read when Haniball resolved to have sacked Rome577 he dwelt in the cittyes adioyneinge, and never ffared or dowbted of his enterpryse tyll word was brought him that the maydens, ladyes and woemen of Rome sould their earinges, Jewells and all their578 necessaryes to mainteyne warre579 agaynst him. I doe take my selfe in dutye bound to acquite580 this Howse with the modestie of the committie581 at the proposicion,582 that583 when ffirst this Howse never stucke to commytte yt, they never stucke, understandinge the reasons, to graunte yt. I doe perswade my selfe that the bonus genius of this Howse did not wishe a more resolved unitye584 then wee had unitye in

Journals: Townshend's journal, 2? October-19 December

337

resolucion; and of this great committie it maye be said, "De maioribus principes585 consultant de minoribus omnes". Thus by your586 commaundementes have I undergone this charge and wilbe reddye to doe the lyke dutye whensoever yow commaund me.' Then after consultacion of the great occasiones yt was put to the question whether the dowble tenthes and ffifteenes should be payde by the ffirste of Februarye587 and the subsedie by the laste of Februarye,588 viz. ffor this ffowerth subsedie before the third beginne. And that the ffirst payment of the ffirste three / subsedies should be brought in by the tenth589 of June, viz. halfe a v. subsedie. And all said 'Yea', and not one 'Noe'. Then was a motion made by Sir Roberte Wrothe590 that this newe subsedie might be drawne in a bill by it selfe, to which should be annexed a preamble of the greate necessityes, the willingnes of the subiecte, and that it might be noe presedent. But that would not be yeilded591 unto. Then Mr Speaker asked the Howse yf they would appoynte committies to drawe the bill, soe they appoynted the Queene's Councell, and all the sergauntes of the Howse, and noe more. Mr Frauncis Moore moved that that which was done might be compleatlye done, and the subsedye gathered by commission and not by the ould rolle,592 ffor peradventure some were dead, others ffalne to poverty e, others richer, and soe deserved to be enhaunsed,593 etc. And withall he said that the grauntinge of this subsedie seemed to be the alpha and omega of this parleamente. Mr WingfTeild moved the Howse594 that seeinge the595 subsedie was 558. 559. 560. 561. 562. 563. 564. 565. 566. 567. 568. 569. 570. 571. 572. 573. 574. 575. 576.

See above, fos.26v-3o. Cott.: T. St2 omits 'like sheepe . . . another'. Cott.: 'but then some'. St2: 'recited' (+ Ha2, Eg., Hay). Cott.: 'he'. St2 as MS; Cam.: 'sanguine'; other MSS: 'sanguinem'. Cam.: 'seised' (+ FH). Gor. omits. St2: 'because one'. St2: 'anaedium'. Cam.: 'seased'; FH: 'eased'; Sts: 'crossed'. St2 adds 'then'. FH: '. . . shall understand wee have not dealt partiallie nor spared any man'. St2 omits the marginal 'Sir Francis Hastings' here. St2 omits 'pannes'; Ha2 omits 'and pannes'. Ha7 omits. Cott. omits 'in deffence' and has a blank. FH: 'our'.

577. 578. 579. 580. 581. 582.

583. 584. 585. 586. 587. 588. 589. 590. 591. 592. 593. 594.

595.

FH: 'roome'. St2: 'other'. St2: 'warres'. Sic. St2: 'acquainte' (+ other MSS). Ha2: 'comedy'. St2: 'posicion'; Ha2: 'possession'; St3: 'exposicion'; FH omits 'at the proposicion'. St2: 'but'. St2: 'amitye'; Ha2: 'resolute unitye'. St3: 'principis' (+ Cam.). Cam.: 'our'. Cam.: 'bruarie'. Pet. omits 'and the subsedie by the laste of Februarye' (+Eg., Ha7). Cam.: 'first'. Cam.: 'Worth' (+ 81.3). FH: 'graunted'. Eg.: 'rule' (+ Hay). Cott. omits and has a blank. Gor.: 'Mr Wingfield moved the honourable of the Councell members of this House' (+ other MSS, except St2, Ha2). St2: 'that'.

338

£34

v.

£.35

The Tenth Parliament: 27 October-ig December 1601 graunted, and that they yett had done nothinge, it would please her Majestic not to dissolve the parleamente till some actes were passed. Sergante Harris said, 'He that spake intempestive spake iniocunde,596 and the mocion of the / gentleman that laste spake is not nowe to be discussed. We are to speake toucheinge the subsedie.' Mr Francis Bacon, after the repeticion of the some of what was done yesterdaye, that the iiju men might not be excluded, he concluded597 that yt was dulcis tractus pan jugo, and therfore the poore, as well as the riche, not to be exempted. Sir Walter Raleighe said, 'I like598 not that the Spanyardes our enemyes should knowe of our sellinge our pottes and pannes to paye subsedies. Well maye yow call it pollecye, as an honorable person alledged, but I am suer it argues povertye in the State. And ffor the mocion that was last made, of dulcis tractus pan iugo, call yow this pan's599 iugum when a poore600 man paye601 as muche as the riche, and peradventure his state is noe better then he is sett att, or but little better, when our estates that be xxx1' or 40U in the Queene's bookes, it is not the hundreth parte of our wealthe? Therfore yt is neyther dulcis not par.' Mr Secretarye Cecill said that nowe602 seeinge one of the weightiest matters and causes603 of callinge the parleament was agreed uppon, he dowbted not but wee should have both604 a quicke parleament and speedye payment. 'But ffor that the gentleman605 said on my right hand that the subsedie was the alpha and the omega606 of this parleamente, I thincke he spake yt not simplye out of humor607 but reyther uppon probabillitye, ffor I can assuer yow her Majestic is as respectyve over yow toucheinge her / lawes which she desireth maye be purused and amended, that she meaneth not to dissolve this parleament till some thinge608 be amended. For that609 that I said toucheinge the Spanyardes' knoweinge of the sale of our pottes or pannes, which should be a matter of pollecye, to which the gentleman610 on my lefte hand tooke611 exceptions, I saye it's true, and yett I am mistaken, ffor I saye it is good the Spanyardes should knowe howe willinge we are to sell our pottes and pannes and all we have to keepe him out, yett I doe not saye it is good he should knowe we doe sell them; that is, I would have him knowe our willingnes to sell (thoughe ther be noe need) but not of our povertye in sellinge, or of anye612 necessitye wee have to sell them;613 which I thincke none will doe, neyther shall need to doe.' Then all the Howse cryed 'Noe, noe', asmuche as to saye noe man did soe. Sir Arthur Gorge614 moved that it would please the Councell that order might be taken that justicees of the peace might be cessed615 accordinge to the statute, viz. at xx1' landes, where ther be ffewe justicees that be above viii1'616 or x1', which Mr Secretarye noated in his tables.617 Then Sergante Heale618 stood up and made a mocion sayeinge, 'Mr Speaker, I merveyle muche that the Howse will stand uppon grauntinge of a subsedie619 or the tyme of paymente620 / when all we have is her Majestie's and she maye lawfullye at her pleasure621 take yt ffrom us, yett622 she hath as muche right to


all our landes and goodes as to anye revenewe of her Crowne.' At which all the Howse hemmed and laughed and talked. 'Well', quoth Sergante Heale, 'all623 your hemminge shall not put me out of countenaunce.' Soe Mr Speaker stood up and said, 'It is a greate disorder that this should be used, ffor yt is the auncyent use ffor everye man to be silent when any one speaketh, and he that is speakinge should be sufferred to delyver his mynde without ynterruption.' Soe the said Sergeant proceeded, and when he had spoken a little while the Howse hemmed agayne,624 and he satte downe. In his latter speeche625 he said he could prove his fformer position by presidentes in the tyme of Henry626 3,627 Kinge John, Kinge Stephen, etc., which was the occasion of their hemminge.628 Mr Mountague of the Middle629 Temple said that there were noe sutch presidentes. And yf all the preamble[s] of the subsedies were looked uppon, he should ffynde that it was of ffree guifte, and althoughe her Majestic requyreth this at our handes yett it is in us to give, not in her to exacte630 of dutye; and ffor the presidentes ther be none sutch.631 But toucheinge632 a tenth ffleece633 of wolle and a tenth sheafe of corne634 that was graunted to Edward / the Third at his goeinge to the conquest of Fraunce, because all the monye then in the land to be levyed by waye of subsedie would not be any waye answerable to rayse that great masse he desired, soe, haveinge these tenthes, he sould them to pryvate men to gayne635 that subsedie and soe raysed monye to himselfe for his enterpryse. 596. 597. 598. 599. 600. 601. 602. 603. 604. 605.

606. 607. 608. 609. 610.

6n. 612. 613. 614. 615.

Cott. omits 'spake iniocunde'. St2 omits 'he concluded'. FH: 'thinke' (+ Cam.). Sic. St2: 'par (+ other MSS, though Eg.: 'part'). Cott.: '3 h> . St2: '. . . a poore man's paye is'. St2: 'wee'. St2: 'cases'. St2 omits. 'Francis More' in the margin here (+ St3, Cott.), though St2: 'Francis Bacon'; other MSS have neither. Cott. omits 'alpha and 'omega' and has blanks. St2: 'honnour'. Sic (+ St2, Ha2, Ha7, FH); Cotton: 'thinges' (+ other MSS). Cam. omits (+ FH). 'Sir Walter Raleigh' in the margin here; St3 omits the attribution (+ Cam., FH, Gor.). St2 adds 'my'. St2: 'our'. Cott. omits 'or of anye . . . sell them'. Commons: Gorges, Arthur St3: 'ceassed' (+ FH); Cam.: 'seased'.

616. 617. 618. 619. 620. 621. 622. 623. 624.

625. 626. 627. 628. 629. 630. 631.

632. 633. 634. 635.

St2: V1'. Pet.: 'his table booke' (+ Eg., Ha7). St2: 'Haile'. Cott. omits 'a subsidie'. Cott. omits 'of paymente'. Cott. omits 'at her pleasure'. St2: 'yea' (+ other MSS, except Pet., Eg., Ha7 which agree with MS). Cott.: 'still'. Cott.: '. . . silent and let every man speake. Soe he spake a little, then they hemmed agayne'. Cott. omits 'In his latter speeche'. St2 omits. FH: '8' (+ Cam.). Cott. omits 'which was . . . their hemminge'. Cott. omits 'Middle'. St2: 'expects'. See SR, i.288-9 for 14 Ed. Ill, stat.i, c.20 and stat.2, c.i for this not being taken as a precedent, (pp.289—90). Cott.: 'but to which'. Cott. omits. Cott. omits 'of corne'. St2: 'give'.

339

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The Tenth Parliament: 27 October-ig December 1601

After this the Speaker appoynted the committies for the draweinge636 of the subsedie bill,637 all638 to hasten it, and soe the Howse rose.

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10 November, Tuesdaye. A bill was read ffor the shorteninge of Michelmas terrne, the substaunce wherof is, that wheras the terme nowe begineth on the ixth daye of October,639 it should begine the xxiijth of the same moneth; the ffirst tyme read. An acte fFor the avoydeinge of tryfelinge and ffryvelous suites in her Majestie's courtefs] at Westminister, the ffirst tyme read and put in by the Queene's Attornye Generall. An acte to restrayne the multitude of common solicitors, the ffirst tyme read.640 An acte ffor the denizacion of certeyne persons. This acte is made in manner of a peticion, the begininge wherof is, 'To the Queene's moste excellent Majestic'. The Speaker at the reciteinge of the acte beganne thus, 'This is an humble peticion of, etc.,641 wherin they humblie desier to be made denizens, and made inheritable and of / habillitye to sue and ymplead, as other naturall-borne subiectes of this realme are. The ffirst tyme of readinge. An acte agaynst blasphemous swareinge: it was put to the question ffor the comittment, and not642 one 'Noe'; at the Temple Hall643 on Saterdaye, with the bill of drunckennes. An acte ffor uniteinge and consolidacion of certeyne smale churches in Exeter, into one. One spake agaynst this bill (whoe was the Bishopp's servante of Exeter) and shewed howe that the patron of one of the churches tooke a peece644 of the churche yard to make viz. a jakes. Mr Martyn of the Temple answered him, protestinge he ment not to speake, but seeinge the generall voyce of the Howse645 seemed to be carryed646 awaye647 with the bill and himselfe borne in the towne, he could not but speake agaynste suche a man as he that laste spake, whoe spake more ffor his master's benifitt then he did ffor God's honor. He certifyed divers thinges, which he that spake ffirste untruly spake, and alsoe wishte that the gentleman648 that yesterdaye had soe mutch flattered his prynce were nowe here to doe God and his countrye good servyce by settinge fforward649 soe good a bill. Wheruppon he prayed that yt might be committed, which was done accordinglye to the Temple Hall on Monday e.650 The person that caused Mr Cooke's man to be / arrested was brought in, whoe after a sharpe651 speeche delivered by Mr Speaker, sheweinge that he had committed a haynous offence to arrest any member of the Howse knoweinge that both their persons, their servantes,652 goodes and every thinge they had was privelidged duringe this greate councell, 'Howe durst yow then presume to doe this?'653 To which the poore ould654 man answered uppon his knees that he655 knewe not that his master was of the Howse, 'but peradventure the baylie doth', quoth hee. 'I doe acknoweledge I have offended, and humblie crave pardon. And I

Journals:Townshend's journal, 27 October-ig December protest uppon my salvacion I would not have done yt yf I had knowne his master had been privelidged.' Soe the Sergeant of the Howse was comaunded to take him awaye, and presentlye after he was brought in agayne.656 To whome Mr Speaker gave councell that himselfe should ever herafter take warninge hereby, and that the Howse receyvinge his modest excuse was content to pardon his offence. And soe payeinge his ffees he was dischardged. The Sergeant was comaunded657 to laye wayte ffor the bayliffe, whoe could not be ffound. An acte to restrayne the multitude of ydle people which fflocke ffrom all partes of the realme658 to London and the suburbes therof; which bill Sir George More spake unto, and / shewed the unconscionablnes659 of the bill that noe mechanical! person could trade in London. And soe yt was reiected without any one 'I, I, I' ffor the comittment, but onlye Mr Phetiplace, burgesse ffor the Cittye of London. An acte ffor the benefitt of merchauntes and advauncemente of her Majestie's customes, both ynward and outwardes, which was committed.660

636. St2 omits 'for his enterpryse . . . the draweinge'. 637. Cam. omits 'bill' (+ FH). 638. St2: 'and'. 639. Cott. omits 'whereas the . . . of October', and the rest of the entry runs: 'the terme should begin the 23 of October 3 September, i tps.'. 640. Eg. adds 'ut supra fol. [blank]' (+ Pet., Hay, Cam.). 641. St2 omits and has a blank. 642. Cott. omits. 643. FH: 'Middle Temple Hall'. 644. Cam.: 'to apeece'. 645. Cott.: Voice'. 646. Cott.: 'seemed to yow'. 647. FH: 'seemed to cry awaie' (+ Gor.). 648. 'Sergant Heale' in the margin here. 649. St2 omits. 650. Cott. omits 'on Mondaye'. 651. FH: 'short' (+ Cam.). 652. Cott. omits 'their servantes' and has a blank. 653. 'Robinson' had arrested the servant, according to D'Ewes, pp.633—4. 654. St2 omits. 655. Cott.: 'they'. 656. Cott. omits. 657. Cott.: 'warned'.

658. Cam. omits 'of the realme' (+ FH); Cott. omits 'from a l l . . . the realme'. 659. Ha2: 'unconsciablenesse'. 660. Twysden's account for 10 Nov. (Stowe 359, fos.279-80) has a report on the committee for process out of the Treasurer's Remembrancer's. The question arose whether a committee member could speak against the bill in the Commons since he was part of the committee favouring it, i.e. if Mr Osborne as Treasurer's Remembrancer should speak as a committee member or as an interested party. It was said that Dr Story, a member of the committee in the supremacy bill had nevertheless spoken against it, and that once a committee returned to the House it dissolved and the members were individuals again. Committee men could not 'deny the consent of the committee, beeing the greater part, but if hee did dissent hee might in the House tell the reasons why hee did so, and leave them to the consideration of the Howse.' To some extent this echoes the events of the following day, of course, especially Grevill's speech, which Twysden also records. 661. St2 omits date and day.

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ii November Wednesdaye.661 An acte ffor avoydeinge of unnecessarye executions uppon judgmentes in wryttes, put to the question and ordered to be engrossed. An explanacion of an acte made the xiijth 662 Elizabeth toucheinge leases of benificees and ecclesiasticall lyvinges with cure. An acte to enhable Sir Edmund663 Marckhame to sell his landes, beinge tenante in tayle,664 as other tennantes in tayle maye doe: this ys the ffirst tyme of readinge. [An acte ffor reformacion of abuses in makeinge of cloath; the ffirst tyme of the readinge.]665 An acte ffor the inhabitantes of the towne of Rippesdale666 in the countie of Lancastre touchinge buyeinge of wolles, committed. An acte was put in by Mr Frauncis Moore entiteled, 'An acte ffor confirmacion of grauntes made to the Queene's Majestic, and of her Highnes' grauntes to others': this is the ffirste tyme of the readinge. He said that ffor asmuche as it was dangerous to the Queene and the State v. that / purchases should be adnulled667 by misprission or the like, etc. And least the Queene should be tenante in tayle,668 then all sales669 made by her670 should be voyde, therfore to avoyde this inconvenyence he had penned this lawe almoste word ffor word, but altogether to the sence671 of the statute made anno Henry672 8, ca. [blank] which is even in manner of a peticion. 'And yt beinge but shorte,673 I praye that yt maye be read, and receyved.' An acte to restrayne transportacion of monye out of this realme and to restrayne certeyne abuses in exchaunges. This acte was brought in674 by Mr John Davyes and the ffirst tyme read,675 vide the ixth daye of November. An acte ffor the abbrevyacion of Michelmas terme: it was put to the question whether it should be committed or noe, and the greater voyce was 'Yea'. Yett the burgesses of London were agaynst yt, and therfore at nameinge of committies they were exempted. But some would have them in, others out, and manye speeches were made pro et contra. It was alledged by Sir Edward Hobbie that they that had given their voyce againste the bodye of the bill could £.38 not be committies. But at lenght Mr Secretarye Cecill said, / 'I ame willinge to speake in two respectes, the one toucheinge the bill it selfe, the other toucheinge the controversie in the Howse aboute the committment. Toucheinge the bill I dare not uppon my owne judgments be soe venterous or bould to reiecte this bill, unlesse ffirste it might have a committment, ffor the wisdome of that tyme676 when it was ffirste instituted was soe apte to looke into ymperfections677 that dowbtles, yf an ynconvenyence had bene but espied, they would strayte have avoyded yt. Therfore in myne oppinyon yt is not ffitt ffor us to looke into the accions of fformer agees but uppon matuer and advised deliberacion. I doe therfore greatlye commend the wisdome of this Howse in committinge this bill and others of the like nature and consequence before we reiecte them. For the other parte, thoughe yt be a rule in the Howse that those agaynste the bill should be noe committies, yett in a case of soe greate consequence and soe greatlye toucheinge the state of the Cittye of London,


their is noe reason but that they maye have ther perticuler voyces as committies, aswell as every member of this Howse. Neyther have we reason to exclude them more then anye other, especyallie they beinge chosen678 ffor the moste principal! cittye of this kingdome, which is the chamber of her Majestic whome wee / should the reyther respect ffor her Majestic's sake, whoe doth and will remember their loyaltye and ffaythfullnes shewed unto her in the late dangerous action;679 ffor which yf ever prynce had cause of thanckfulnes unto her subiectes, dowbtles her Majestic is to confesse as muche. In my oppinyon therfore wee should doe greate wronge and purchase them greate blame680 at their handes that sent them hither in truste yf, in a matter of this consequence and soe perticulerlye touchinge the state of this Cittye, we should not admytte them as committies.' Mr Wyseman said that by committinge of a bill the Howse allowed of the bodie therof, thoughe they disallowed of some ymperfections in the same, and therfore committed yt to some chosen men681 of truste to reforme and amend any thinge therm which thefy] ffound ymperfecte, and yt is to be presumed that he that will give his Noe to the committinge of a bill at the committment wilbe wholie agaynste the bill. And therfore the Howse682 alloweinge of this bill to be committed are in my oppinyon to disallowe any that wilbe agaynste the bodye of the bill ffor beinge committies.' Mr Comptroller said he was of oppinyon ffor the reasons before alledged683 that they / ought to be committies. But he moved684 another question whether a committie speakinge agaynste the bill at the committment maye alsoe speake at the engrossinge therof in the Howse, and have his ffree voyce. Sir Edward Hobbie said, 'That maye be resolved uppon by presedentes; and fFor my owne oppinyon I thincke that he that is agaynste the bodye of the bill can be noe685 committie, and he that beinge a comittie speaketh agaynste the bill maye alsoe speake686 herafter in the Howse.' Mr Fowlke Grevill said that a committie was an artyficyall bodye and fframed out of us whoe are the generall bodye, and therfore that which is spoken at the committie evanesdt, yt is gone687 when the bodye which is the 662. St2: 'i5 th '. 663. FH: 'John' (+ Cam.); Eg.: 'Edward' (+ Hay). 664. Cott.: 'beinge to intaile'. 665. From St2 (+ other MSS, except FH). 666. Sts: 'Rapsdale' (+ Eg., Hay, FH, Gor.); Pet.: 'RappesdalT; Cam.: 'Ratchdale'; Ha2: 'Reppesdale'. 66y. St2: 'disanulled'. 668. Cott.: 'be to intaile'. 669. St2: 'tayles'. 6yo. St2 omits 'made by her'. 671. Cott.: 'altogeather to those inconveniences'. 672. St2 omits. 6y3. Cott.: 'shute'.

6y4. 6y5. 676. 6yy. 6y8. 6y9. 680. 681. 682. 683. 684. 685. 686. 68y.

Hay: 'was made'. FH omits rest of sentence. Cott.: 'lawe'. Cott.: 'perfections'. Cott.: 'those'. 'The Earle of Essex his riseinge' in the margin here. Cott.: 'purchase the greater blame'. St2: 'member'; Cott.: '. . . some chosen of trust'. St2 omits 'the Howse'. St2 omits. Cott.: 'named'. 813: 'a'. St2 omits. Cott.: 'geven'.

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committment is dissolved. And then every particuler committie688 is noe more a parte689 of the artificyall bodye, but of us the generall bodye, when he hath his ffree voyce as thoughe he had never spoken before.' Then the Speaker stood up and said, 'I will propound two questions: the ffirst, yf when a man hath spoken agaynste the bodye of the bill he maye be a committie; the second, yf any committie speake agaynste the bill at the / committment, yett whether he maye speake agayne and have his ffree voyce [in the Howse].690 'Nowe', quoth hee, 'I will propound the ffirste question. All they that will have691 a man that hath bene agaynste the bodye of the bill to be a committie, lett them shewe their oppinyons by sayeinge "Yea"'; (and not one said 'Yea'). 'All they that will not, saye "Noe"'. And all said 'Noe'.692 Soe he did ffor the second question, and not one said 'Noe', but all 'Yea'. Then he put yt to the question whether they of London notwithstandinge this order,693 in respect this committment694 soe greatlye concerned the state of the Cittye, should be committies. And the Yeas was greater then the Noes. Then he put yt to the question whether the two fforesaid rules should be entred ffor orders of record, and all said 'Yea'.695 12 November, Thursdaye. An acte was read ffor confirmacion of letters pattentes made by Kinge Edward the vjth to Sir Edward Seamer, knight.696 An acte made ffor explanacion of the statutes made 3, 4, 5 of Kinge Edward 6 agaynste buyers of butter and cheese to sell agayne, and agaynste yngrossers therof and fforestallers.697 / An acte agaynste unlawful! huntinge and stealinge of deare and conyes in the night tyme; the ffirst tyme of the readinge. An acte ffor the redressinge of certeyne ynconvenyences in the statute of xxjth Henry 8, ca. xiijth, entituled 'An acte agaynste plurallityes of benificees, ffor takinge of ffarmes by spirrituall men and ffor residence.' This acte was drawne by Mr Roberte Eyer698 of Lincolne's Inne, that the provisoe of that statute699 might be repealed, etc. An acte ffor the avoydeinge of tryfelinge and frivolous suites in courtes at Westminister. To which bill one Lashbrooke,700 an atturney, spake and shewed the ynconvenyence of scriveners beinge atturnyes and practiseinge in their names, etc.701 The acte agaynste ffraudelent administracion of intestates' goodes, after yngrossment,702 read and passed,703 The bill of wryttes of error704 alsoe read after yngrossment and passed. Whilest ther were divers disputes of this bill, Mr Flemminge, the Queene's Sollicitor, tooke the bill to looke a worde in yt; after he had done and layd yt705 on the board, one Mr Browne, Clarcke Comptroller to the Queene's Howshould, stood up and said, 'Mr Speaker, yow should after a bill is yngrossed hould yt in your hand and lett noe man / looke into yt.' Quod concessum per touts. And soe the Speaker tooke yt.706

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The Howse moved to send those two bills to the Lordes and they choose Mr Comptroller whoe went accompanyed with diverse of the Howse, and after halfe an houre returned.707 An acte ffor the denizacion708 of certeyne persons, viz. William Myllett, Anne Pope, George Chandler,709 Peter Eaton, Nicholas Eaton, Nicholas Taylor and others. This was the second tyme of readinge, and put to the question to be yngrossed. And all said 'Yea', and ther was not one Noe, and never committed. An acte ffor the errectinge of a haven710 or keye on the north parte of Devonshier on the ryver of Severne. The officer711 that arrested Mr Cooke's man (whose name was John Baker) was brought to the barre. And uppon his submission after a sharpe exhortacion was dischardged, payeinge the Sergeante's ffees.712 An acte ffor confirmacion of grauntes made by713 the Queene's Majestic, and of letters pattentes made by her Highnes to others, the second tyme of the readinge, and then yt was committed. 13 November, Fridaye. An acte agaynste the covetousnes of butchers in London, ffor buyeinge and yngrossinge of lambesykynnes out of markettes and ffayers. / An acte agaynste pedlers, pettye chapmen, and hawkers. An acte ffor clothworckers.714 An acte agaynst wilfull absence ffrom churche on Sondayes. This acte Sir Roberte Wrothe715 preferred. The effect is ffor the better gatheringe of xijd for 688. FH: 'member' (+ Cam.). 689. St2: 'apte'; FH omits 'a parte' (+ Cam.). 690. From Cott. (+ other MSS, except St2, Ha2). 691. FH: 'knowe'. 692. FH omits 'All they that will not, saye "Noe". And all said "Noe"'. 693. Cott.: '. . . London merchants saieing this wordes in'. 694. Cam.: 'bill'. 695. Cf. Pollard, BIHR, xv.6 for this point of procedure. 696. See CPR, 1550-53, p.44i; CPR, 1553, pp.76-7, I2O.

697. 3 & 4 Ed. VI, c.2i (1549-50), continued by 7 Ed. VI, c.n (1552-3); 5 & 6 Ed., VI, c.i4, esp. sect. 5 (15512) in SR, iv.i2O, 148-50, 175-6. 21 Hen. VIII, c.i3 (1529) in SR, iii.292-6 contains a number of provisos. 698. St2: 'Ayer'; 813: 'Eyres'; FH: 'Cure' or 'Cire'? (+ Cam.). Not a member of Parliament, according to Commons.

699. Cam.: 'Inne, with the proviso if that statute'. 700. Ha2: 'Lackrooke'; Commons: Lashbrook, Lewis, has no indication that he had a legal background. 701. St2 omits this paragraph. 702. St2: 'and ingrossinge'. 703. Pet. omits 'and passed' (+ Eg., Ha7). 704. St2: 'writtes, and error'. 705. Ha2 adds 'downe upp'. 706. FH: 'soe he tooke it' (+ other MSS, except St2, Ha2). 707. St2: 'and after hath aunswere returned'. 708. Cam.: 'devisation'. 709. Cam.: 'Chanuller'. 710. Cott.: 'hand' (?). 711. Eg.: 'sergeant' (+ Pet., Ha7). 712. St3 omits this paragraph (+ Cam., Gor., FH). 713- Sic (+ St2, Cam., Gor., FH, Pet.); Ha2: 'to' (+ other MSS) as in SR, iv.959. 714. Ha7 omits this entry. 715. Cam.: 'Worth'.

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every absence, which is given by the statue of anno 1° of this Queene. And the statute ys lymitted to enduer dureinge716 the Queene's reigne that nowe ys (which was greatlye whispered at and observed in the Howse).717 An acte concerninge matters of assuraunces used amonge merchauntes: ffor the committment ther was not one Noe.718 An acte to avoyde divers misdemeanours in lewde and ydle persons, which was put to the question to be yngrossed and ther was not one Noe.719 Sir Hughe Beeston stood up in the lower end of the Howse and said, 'Mr Speaker, we that be here cannot heare yow that be above. I would yt would please them that speake there to speake lowder. Alsoe, I ame to certifye yow that I am here ffor a towne (but not in my owne countrye)720 in Denbighshier or ffor any parte therof. But yf I should not speake somethinge in the behalfe of my countrye ffor which I serve,721 I dare not goe thither agayne. Therfore I hartelye beseeche yow, Mr Speaker, that the Howse maye be resolved what course ys taken, accordinge to / the order of the Howse, ffor the ellection of a knight and burgesse, ffor they cannott but ffmd themselves greatlye greived722 ffor wante of the ellection.723 But what is done I knowe not.' Mr Secretarye Cecill said, 'Because I was the reporter of the staye of the ellection, as alsoe of the proceedinge, I will nowe alsoe certifye yow that ther was order taken ffor the sendinge out of a newe warrant ffor the ellection. But what ys done therin I alsoe knowe not.' Mr Speaker said, 'I gave warrant to the Clarcke of the Crowne, accordinge to the auntient fforme, to send out a newe wrytte, whoe answered me that the Lord Keeper desired to have the warrant directed to him ffor a newe wrytte, and ffor his warrant ffor sealinge therof. Soe that nothinge ys done therin tyll the pleasure of the Howse be knowne.'724 Sir Edward Hobbie said, 'There is noe courte that doth not observe his rightes725 and ffollowe his privelidges, muche more this Highe Courte of Parleamente, beinge the greatest and comaunder of all other courtes, doth and ought to observe the same moste strictlye.726 And all the precedentes which I have scene and observed touchinge this poynte have ever gone to the Clarcke of the Crowne and to none other. And therfore I take yt that course ought ynviolablye727 to be observed.' Sir George More said, 'I agree with the gentleman / that laste spake that presidentes ought to be observed, but yett alterred728 uppon urgent occasion or by necessitye of tyme. Knoweinge this, I take yt my dutye to informe yow, yf any alteracion729 have bene yt proceeded ffrom ymperfection of a Speaker. It was well observed by an auntient member of this Howse, whoe ys nowe with God,730 that noe conferrence with the Lordes touchinge a subsedie should be had, yett731 that rule hath bene altered in late parleamentes by reason of specyall causes. Soe doe I thincke that yt would be more honor to this Howse to dyrect a warrant to the Lord Keeper then to an inferior minister in the Chauncerye.' Sir Francis Hastinges said, 'By the leave of your honorable ffavors I will shewe yow that I my selfe was yesterdaye with the Lord Keeper, and howe honorablye I heard him speake of this Howse, that he desired nothinge more

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then to shewe the dutye and love he bareth us, as alsoe that himselfe would be our ymediate officer and would be willinge and glad to receyve a warrante ffrom us soe it might be directed to him ffor his dischardge, be yt in what termes soever we pleased. And he said he dowbted not but yf this honorable Howse knewe soe muche they would reyther choose him then anye other ffbr their minister.732 'Thus muche I thought good to certifie this Howse of, which beinge spoken in pryvate unto me, I nowe deliver in / publique unto yow. For my owne v. advyse, I thincke nothinge can be more733 honorable to this Howse then to have a person of soe great estate to whome we maye direct our warrant as to our minister.' Mr Francis Bacon said, 'It is ffarre more honorable ffor this Howse in my oppinyon when our warrant shall move the pryncipall member of justice then when yt shall commaund a base, pettye or inferyour servant to the Clarcke of the Crowne, or the Clarcke of the Pettye Bagge.734 It wilbe said that our warrant emanavit improvide when we shall directe our warrante to these base officers, when wee maye move the Create Scale of England by it, even assone735 as eyther736 Pettie Bagge or pettie officer.' Mr Speaker said, 'I was and am ever zealous and jealous of the priviledges and orders of this Howse. I was comaunded by yow to send fforth a warrant ffor the ellection of a knight and burgesse. I ffound a resolucion and a judgmente agreed and resolved737 that, dureinge738 the tyme of the sittinge of the Howse, the Speaker ffor any newe ellection ys to make a warrant dyrected to the Clarcke of the Crowne. Soe that in my doeinge therof I hope I have done rightlye.' Mr Secretarye Cecill said, 'I shall move / unto yow a conclusion739 which £.43 will end this controversie, and in the meane tyme be740 a saveinge to all 716. Cam.: 'induringe'. 717. FH: '. . . that nowe is, and observed in the Howse' (+ 813, Cam., Gor.). 718. St3: '. . . not noe "Noe"'. 719. 813: '. . . not noe "Noe"'. 720. St2, Ha2 follow MS here, as does Pet. (though 'for my' rather than 'in my'); St3 omits the brackets and has 'but not for my owne county of Denbishire' (+ other MSS). 721. Beeston sat for Winchester, though serving as a JP in Denbighshire. 722. 813 omits 'ffor they cannott. . . greived'. 723. Cott.: 'that none of the sheire be members of this Howse'. 724. FH omits 'tyll the pleasure . . . knowne' (+ other MSS, except St2, Ha2). 725. Eg.: 'rites' (+ Pet., Ha7, Gor.). 726. Cott.: '. . . of all other courtes etc'. 727. Cam.: '. . . course was latelie'.

728. Eg.: 'altogether' (+ Pet., Ha7). 729. 813: 'alter'. 730. It is possible that the member being referred to is Sir Henry Unton, who had spoken in 1593 against being directed by the Lords, but in fact urged conference. He was dead by 1596, but aged only 38, so 'ancient' would have to mean 'former' here. 731. St2: 'that'. 732. Cam.: 'ministrye'. 733. St3 omits. 734. FH omits the rest of this speech. 735. Cam. omits. 736. St2 omits. 737. Eg. omits 'and a judgmente agreed and resolved' (+ Pet., Ha7). 738. St2 omits. 739. Cam.: 'question' (+ FH). 740. All MSS omit.

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The Tenth Parliament: 27 October-ig December 1601 persones. I meane not to second my741 fformer error ffor which I was excepted742 unto,743 that ys that Mr Speaker or any member of this Howse should attend the Lord Keeper, but that iiijer744 might be assigned by this Howse to goe to the Lord Keeper - I saye to goe745 - (as yf he should have said, "Marcke, I saye not to attend") to the Lord Keeper to knowe the cause of the staye, as alsoe his Lordshippe's request unto this Howse. And that other 6 maye be assigned to call before them the Clarcke of the Crowne, the Clarcke of the Pettye Bagge, and the Clarcke of this Howse with their presidentes and bookes to see to whome this warrant hath in fforrner tymes bene directed, and whether the priviledges746 in fformer ages have danced a pavin to and ffroe, and accordinge to the tyme have bene altered. This to be done this afternoone, and to certifye the Howse to morrowe, and then wee to make a determynate resolucion.' To which all said it was a good mocion.747 Mr Holcrofte,748 a knight ffor Cheshier, said, 'Maye yt please yow Mr Speaker, the countie daye ffor Denbighshier ys on Thursdaye next, and therfore ther749 had need be speed made / otherwyse ther can be noe ellection this parleamente.' Mr Speaker said, 'Wilt please yow name the six committies?' Soe the Howse named Sir Edward Hobbye, Sergeant Harrys, Sir Francis Hastinges, etc.750 Mr Speaker said alsoe, 'Wilt please yow to name the iiijer to goe to the Lord Keeper?' Soe the Howse named Mr Secretarye Harbert, Sir Edward Stafford, Sir Edward Stanhoppe, and Mr Foulke Grevill.

14 November, Satordaye. An acte ffor the confirmacion of the salle of landes made by Lewes Lord Mordant,751 deceased. An acte ffor the amendinge of the statute made the viijth yeare of her Majestie's reigne concerninge the makeinge of hattes.752 An acte to enhable Sir Edward Marckham knight to sell landes etc.; which was committed to Fridaye in the Courte of Wardes. An acte ffor the repeale of certeyne statutes ffor the reforminge of abuses in clothinge in the countie of Somersett. Mr Johnson said, 'Mr Speaker, beinge a member of the Howse I thought it my dutye to informe yow that my selfe and divers others are served with subpena[s]. I doe not this in that I am loath to aunswere or desirous to delaye £.44 justice, but informe the Howse / therof least peradventure yt might be a president or some preiudice753 to the privelidge754 of this Howse. Her is one which is nowe delivered into my hand.' The Howse cryed, 'Read yt'. Soe the Clarcke read yt: Edward1^ Mountague et Jacobo Harrington, etc., et indorsatur Stephanas Riddelsdon sequitur hoc.7S6 Another was read: Michaeli Hicks et Thoma Lowe7*7 in cancellaria. Another: Henrico Jackman et Jeronimo Horsey in scaccaria7™ ad sectam Thome Cornwalleys armigeri per billam759 Anglicanam.

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Another: Michaeli Sammes et Ricardo Sammes760 in banco regis ad testificandum inter reginam etjohannem Straie.761

After the readinge of which he certified the Howse thus muche that the ynformer cam to his lodginge this morninge as he was comeinge out of his doore and asked ffor him. He762 tould him he was the man. ' "Then", quoth the informer, "the Queene greetes yow well." "What's this?", quoth I. "A subpena", quoth the informer, "and I chardge yow to appeare uppon yt accordinge to the contentes." Then I tould him I was of this Howse and could not attend. Hee answered me agayne, "Ther it ys.763 I care not; looke yow to it764 at your peryll." Mr David Waterhowse stood up and shewed that that subpena came out of his oflyce, and fFurther shewed the necessitye of / obayeinge yt, ffor that a cause765 ffor wante of wyttnes might be losse and therfore the hearinge beinge appoynted at a daye certeyne, the766 clyent might peradventure be undone yf he should not have this subpena ad testificandum in due tyme both served and appered unto. Sir Edward Hobbie alledged divers presidentes touchinge this poynte, as the767 10 of Februarye xxvij* Elizabeth Mr Kirle768 served one Roger Stepney769 with a subpena into the Starchamber, and ffor he770 was adiudged to the Sergeante's keepinge ffor six dayes, and to paye fryve marckes chardges. And 741. 742. 743. 744. 745. 746. 747.

748. 749. 750.

751.

752. 753. 754. 755. 756. 757. 758.

St2: 'a'. FH: 'accepted'. Cam. adds 'you'. Cam.: T (+ FH); Stj: 'it'. St2 omits 'I saye to goe'. St2: 'presidentes'. Pollard, BIHR, xv.9 briefly mentions this incident. St2: 'Holcroste' (+ Cott.); Ha2: 'Holcrafte'. St2 omits (+ Ha7). Cott. places this paragraph immediately after the day and date, then repeats the day and date before continuing with the bills, spreading the Speaker's contribution over the two days. Cam.: 'Lewis Lord Mordant knight Lord Mordant' (+ St3, Eg., Ha7, Pet., Gor.). Mordaunt had died in June 1601 (GEC, Complete Peerage, sub Mordaunt). 8 Eliz., c.n (1566) in SR, ^.494-5. St2 omits 'a presidente or some preiudice'. St2: 'preiudyce'. Cam.: 'Edmundo'. St2: '/zee'; Sty. 'etc'. St2: 'Lewe'. Cam.: 'sararia'; Gor.: 'saccario'; FH omits 'in scaccaria and 'per billam Anglicanam'.

759. St2: killam; Cam.: 'villiam. 760. St2: 'Games; FH: 'James' (and above); Cam.: 'Sans and Sanes'; Commons: Michael and Richard Sondes. 761. St2: 'Secawe'; Cott.: 'Armor; Ha2: 'Straw' (+ other MSS). Cf. D'Ewes, p.637 for these subpoena details. 762. St2: 'and'. 763. St2 omits. 764. St2: 'that'. 765. Cam. omits 'ffor that a cause'. 766. Cott.: '. . . necessitye that a course for want of witness might be lost and there beinge appointed a certaine day the.' 767. Cott. omits 'alledged divers... as the'. 768. Cam.: 'Kirke'; St3: 'Kirley'; Cott.: 'Kirkle'. 769. FH: 'Stephens'. Alban Stepneth had Antony Kirlk committed to custody for serving a subpoena on him on his way to the House. He received compensation and Kirlk was released on 16 February (Commons sub Stepneth, Alban; D'Ewes, pp.348, 350). 770. Sic. St2: '. . . fFor it was adiudged' (+ Pet., FH, Gor., Ha2); Sty. 'for this hee was adiuged' (+ Eg., Ha7, Cam., Cott.).

v.

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The Tenth Parliament: 27 October-ig December 1601 the xxvth of Marche, the xxvijth Elizabeth Mr Crooke771 served a member of this Howse with a subpena into the Chauncerye772 and ffor soe doeinge was adiudged to give a copye of the bill and xxs for chardges and was committed to the Sergeante's keepinge.773 Mr Wyseman said, 'Notwithstanding the allegacion774 and excuse of the gentleman that spake in ffavor of the subpena ad testificandum, I thincke yt deserveth noe lesse775 ffavor then the other, ffor yf the necessitye of the cause were sutch that he muste needes be served and776 spared out of this Howse, the partie ought to aske leave of the Howse,777 or at the leaste of the Speaker, or intreat him to relate the same unto the Howse.' Sir George More said, 'I thincke as the / gentleman that last spake, ffor the like subpena beinge brought the laste parleament, yt grewe a question whether it were an ympeachment to the privelidges of the Howse, and after some dispute an auntient member of this Howse shewed divers presidentes howe that the myndes of the members of this Howse ought to be frreed as well as their bodyes,778 wheruppon two members of this Howse were sent to requyer779 the Lord Keeper to reverse that subpena,' etc.780 He also spake of a quo warrante7*1 ffor the liberties of the Blacke Fryers with-held, but what782 ffurther, or783 to what purpose, ignoro. Then it grewe to a question whether a burgesse of the parleament maye be served with a subpena ad testificandum, and yt was concluded that he could not.784 Soe after this dispute yt was agreed that the Sergeant should be sent to arrest785 all those to appeare that had procured the subpenas aforesaid to answere their contemptes with all speed.786 Sir Francis Hastinges stood up and made a relacion of the proceedinge, which he with the other committies had done787 accordinge to the comaundemente of the Howse the daye before. He said, 'We called before us the Clarcke of the Crowne, the Clarcke of the Pettie Bagge / and our Clarcke of the Parleamente. The Clarcke of the Crowne788 shewed unto us ffyve warrantes and one order, all789 one790 course and one fForme and all in the xxvij* Elizabeth. Three of the warrantes were directed to the Clarcke of the Crowne, two without direction. And he shewed us two wryttes without warrant. Then we called the Clarcke of the Pettibagge, whoe could791 shewe us noe warrantes, but a record of a wrytte in his rolle of xxxixth Elizabeth. Only he said (but we heard him not)792 that warrantes had bene graunted to the Clarcke of the Pettiebagge. The Clarcke of the Parleamente shewed unto us two presidentes of the 5 of Elizabeth, third793 of the xiijth of Elizabeth every one without direction but with these wordes, or to the like effect (as I take it), "It is required such and such a thinge to be done",' etc. Sir Edward Hobbie said, 'Because the truthe herof maye be made more playne and that it pleased yow to commaund my unworthie selfe to attend yesterdaye's servyce, I will under the ffavor of the gentleman that last spake make a repeticion794 ab origine a little longer then he did ffor your satisfaccions


of this cause and our paynes. It pleased yow to depute six to this servyce; fryve attended, the Sergeant at Lawe795 of whose / furtherance we best hoped deceyved both your and our expectacions.796 The Clarcke of the Pettiebagge, the Clarcke of the Crowne and the Clarcke of the Parleamente attended us. The Clarcke of the Pettiebagge delyvered unto us a ffayer record, conteyninge a wrytte sent out sedente parleamento, ffor soe are the wordes. Yt was ffor the knightes in Yorckeshier and Lancashier, etc. This was all he could shewe, onlye, he said, an owld officer would be sworne ther weare more, but loste by Mr Garthe's797 decease. The Clarcke of the Crowne delte with us two wayes. The ffirst by waye of experyenced officers, the second798 by waye of persident.799 For the ffirste, one Stephen Browne was brought fforth before us, who had byn an officer in the Crowne Offyce these800 xxxvjtie yeares, and beinge asked yf he knowe howe warrantes weare dyrected he answered that in 771. i.e. Cooke: Commons sub Cooke, Richard; D'Ewes, p.373: Thomas Patrick was brought to the bar for serving a subpoena on 'Mr Cook'. 772. $13: 'Starrechamber'. 773. FH omits 'to the sergeant's keepinge' (+ other MSS, except St2, Haa). 774. St2: 'all allegacions'. 775. Cam.: 'more'. 776. Cott. omits 'served and'. 777. St2 omits: 'the partie . . . the Howse', and adds 'eyther by their conscentes'. 778. St2: 'howe that the members of this Howse ought to bee ffree, aswell of their bodyes as goodes'. 779. FH omits 'to requyer' (+ Cam., Cott.). 780. This refers to the Thomas Knyvet case (D'Ewes, pp.553-4), when Sir Edward Hoby and Mr Brograve had acted on behalf of the committee for returns and privileges. Knyvet was one of the committees here (D'Ewes, p.622). 781. Sic. 782. St2: 'with'. 783. Pet. omits 'what ffurther or' (+ Eg., Ha7). 784. Cott. omits 'and y t . . . could not', and rearranges the material so that the further discussion of subpenas appears to be part of More's speech. 785. 813 omits 'to arrest'. 786. In the matter of subpoenas Twysden (Stowe 359, f.28iv) cites his father's journal (p.32) here for Sir George More's memory of the last parliament and the notion that the minds as well

787. 788.

789. 790. 791. 792.

793.

794. 795. 796. 797. 798.

799. 800.

as the bodies of members ought to be free, so that two members were sent to the Lord Keeper to require him to reverse his writ. 'The word "require" was thought hard yet it was resolved it should so bee. And the Lord Keeper's answer was hee did require to deliberate.' Cott.: '. . . proceedinges the which the other committees had'. St2 omits 'the Clarcke of the Pettie Bagge . . . of the Crowne', and adds 'whoe'. St2: 'and'. Gor.: 'on'. Ha2: 'would'. St2: '. . . (but hee scared him not)'; Cott.: '. . . (but wee hedd him not)'; Cam.: '. . . that wee harde him not say'; St3: '. . . (but hee heard him not)'; Ha2: '. . . (but he had heard them not)'; FH omits the words. Sic. St2: 'and' (+ Ha2); FH: '. . . one of the 5° Elizabeth and the other of 13° Elizabeth, both of them without'; Eg.: '3' (+ other MSS, though St3 omits 'third of the xiij* of Elizabeth'). St2: 'replicacion'. 'Sergeant Hams' in the margin here. Cam. omits 'your and' (+ FH). Richard Garth, Clerk of the Petty Bag (CPR, 1560-63, pp. 173, 227). St2 omits 'by waye of experyenced officers, the second'. Sic. St2 omits.

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the tyme of the Lord Keeper Bacon,801 when he802 was Speaker of this Howse, there803 weare dyrected to the Clarcke of the Crowne. Beinge ffurther asked yf they weare ever impugned, he answered "Noe". Beinge asked where these warrantes were kepte, he answered,804 "On805 the labells806 of the Howse". The said Clarcke shewed us ffyve presidentes and one order, the reste were lost by Mr Watson's death, as the other presidentes were807 / by the death of Mr Garth. The Clarcke of the Parleamente produced warrantes indefmyte808 of the xiijen yeare of Queene Elizabeth, when Sir Christopher Wraye was Speaker. As alsoe an order dated the xviijth daye of Marche 1580, die Sabbati*09 that a warrant should be dyrected810 to the Clarcke of the Crowne to choose a newe burgesse ffor Norwiche811 insteed of one Beaumont, the wordes therof were, "It is required by the knightes, cittizens, burgesses and barons. . .". And alsoe another order, dated die Sabbati, xviij*812 of Marche, anno 1580 in these wordes, "It is further agreed uppon and resolved by this Howse that duringe the tyme of sittinge of this Courte, ther doe not at any tyme any wrytte goe out, ffor the chuseinge or returninge of any knight, cittizen, burgesse or baron without the warrant of this Howse frirst813 dyrected ffor the same to the Clarcke of the Crowne, accordinge to814 the auntient jurisdiction and authoritye of this Howse in that behalfe accustomed." And another warrant, subscribed, "Henery Gates, William Fleetwoode", whoe were committies in examininge of a cause toucheinge one Henery Bermaker815 and Anthonye Weilde,816 the effect wherof was that fforasmuch817 as they were arrested into the Kinge's Benche, whereas we frynde them privelidged as members of this Howse, a warrant was dyrected to the Clarcke of the Crowne ffor makeinge wryttes of privelidge as aforesaid, / dated ffrom Westminister the vjth daye of December, I586.818 Therfore, ffor my owne oppinyon and accordinge to these presidentes, I thincke the warrante ought to be dyrected to the Clarcke of the Crowne.' Mr George Moore stood up and shewed a president dated on Fridaye819 the second daye of Marche xxxvth Elizabeth where a newe wrytte was to be awarded out, concerninge Mr Fitzharbert, and all wrytte [s] of privelidge to come ffrom the Chauncerye. And the Speaker made a warrante to the Lord Keeper to make a newe wrytte in the like cause, both touchinge Southwarcke and Melcombe Regis. 'Soe I thincke the warrant ought to be dyrected to the Lord Keeper.'820 Mr Tate of the Middle Temple shewed that ratio legis was anima legist21 and he that presentes a president without reason presentes a [bodye without a]822 soule. Ther is a difference of wryttes. There be823 brevia ex gratia special!, and brevia cursoria. The wryttes which we speake of are brevia cursoriaf24 and therfore when the warrant hath gone ffrom the Speaker to the Clarcke yt hath caused the wryttes to be sealed825 of course by the Lord Keeper, etc. Mr Secretarye Herbarte shewed howe that he with the other three by there commaundementes had bene with the Lord Keeper, whome 'we ffound moste honorable' to entertayne both him and the rest. And that his Lordshippe did greatlye respect both the maiestye and gravitye of this assemblye, and said that he would be loth to derogate anye / thinge ffrom eyther, notwithstandinge he

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hoped and prayed that yf any fformer presidentes had improvidentlye gone ffrom this Howse or contrarye to the moste auntient useage, that we826 would nowe settle our resolucions and establishe and decree that which might be a sufficyent warrante unto him to put in execucion our commaundementes827 and alsoe yncrease the majestic and honor of this Howse, which he most hartelye wished might ever828 contynue. 'And ffor my parte thus muche I can assuer yow, that we cannott wishe him to be more honorable or more agreeable to this Howse then wee ffound him.'829 Mr Henery Doyley830 of Linclone's Inne said, 'Mr Speaker, I take yt there ys a president this parleament831 which will decyde this controversie, ffor an honorable person of this Howse beinge chosed832 with my selfe burgesse ffor Wallingford, and alsoe knight of a shier, chose to be knight, and a warrant went ffrom yow, Mr Speaker, dyrected to the Clarcke of the Crowne ffor the ellection of a newe burgesse whoe ys since chosen and sworne, and is nowe a member of this Howse, Mr Thomas Fortescughe by name.'833 Mr Fleminge the Queene's Sollicitor said, 'The Clarcke of the Crowne is our ymediate officer. He is to be attendant betwene the two doores of the Upper Howse and Lower Howse. When any warrante generall is requyred / he is to subscribe yt to certify e it, etc. He is to conveye our myndes and

£48

801. Sic in all MSS. 802. D'Ewes, p.63 8 adds 'that' in an apparent attempt to make sense of this. 803. Sic. St2: 'they' (+ other MSS, except Eg., Hay which follow MS). 804. Ha2 omits 'Noe. Beinge . . . he answered'; Pet. omits 'he answered'. 805. 813: 'Noe'. 806. Sic in all MSS. 807. Repeated in MS. 808. Pet. omits 'produced warrantes indefinyte' (+ Eg., Hay). 809. For Saturday 18 March 1581 see D'Ewes, pp.307-8 810. FH: 'That warrant was directed to . . .'. 8n. FH: 'witch' (?), corrected from 'which'; Cam.: 'which'. 812. Eg.: '15'°' (+ Hay). 813. Cam. omits (+ FH). 814. Cam. '. . . Crowne, without' (+ FH). 815. St2: 'Bormaker'; Cott.: 'Barmaker'. 816. FH: 'Well'; Cam.: 'Weld' (+ Gor.). These two men do not appear to be members. 8iy. St2: 'whereas much'. 818. Eg. omits (+ Hay, Pet.). See D'Ewes, p.393: Parliament was prorogued until the following February on 2 December, but Gates and Fleetwood had been

819. 820.

821. 822. 823. 824. 825. 826. 82y. 828. 829. 830. 831. 832. 833.

named (on 4 November) as committees to examine cases of arrest. Hay omits (+ Cam., Eg.). The Fitzherbert incident appears in the anonymous journal for 2, ly March, 5 April 1592-3 (cited by D'Ewes, pp.481-2, 502, 518). The Southwark and Melcombe Regis cases also appear in D'Ewes (pp.47i, 479, 494-5, 554), though the Melcombe Regis case concerns a confirmation by the Commons of an existing return. Coke's First Institute is often cited for this maxim. From St2 (+ other MSS). St2 omits 'There be'. Ha2 omits 'The wryttes. . . brevia cursoria . Pet. omits 'to be sealed' (+ Eg., Hay). Hay: 'he'. Cam.: 'demands' (+ Stj, Gor., FH). Cam. omits (+ FH). Cam. '. . . then hee is'. St2: 'Dowghtie'. St2 omits 'this parleament'. Sic. Doyley refers to Secretary John Herbert, who chose to sit for Glamorganshire.

354

The Tenth Parliament: 27 October-19 December 1601 messages to the Upper Howse. Yea834 this warrante is to be dyrected835 to him.' Then all the Howse cryed to have yt put to the question. The Speaker stood up and said, 'The question must stand on three partes: firste, yf836 the warrante shalbe dyrected to the Clarcke of the Crowne; secondlie, yf837 to the Lord Keeper; thirdlye, yf without any dyrection.' The Howse after this speeche was in greate murmore and verye lowde. Then stood up one and said, 'Mr Speaker, lett the ffirst question stand, and then all wilbe at an end.' Then the Speaker said, 'Shall the first question838 stand?' All said, 'Yea.' Then he said, 'All those that will have the warrante dyrected to the Clarcke of the Crowne,839 crye "Yea"; all those that will not crye "Noe".' And the Yeas gott yt a little.840 Then he asked yf they would have this order entered841 of record and all cryed 'Yea, Yea'. 15 November, Sondaye.

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16 November, Mondaye.842 An acte ffor the enhabelinge of Edmond Molenexe esquyer to sell landes ffor the payement of his debtes. An acte ffor the strenghtheninge of her Majestie's fforces in the north partes of the realme, and especyallye ffor the countie of Cumberland. An acte ffor the confirmacion of the charters843 of King Edward the vjth made ffor the / Hospitall of Sainte Bartelmewe's, Brydewell,844 and845 Sainte Thomas in London.846 An acte ffor the abolisheinge and puttinge downe of certeyne idle courtes kept everye three weekes by Archedeacons and their officyalls, and commissaryes and847 their registers. Mr Henery Doyley848 a barrister of Lincolne's Inne, made a mocion and said, 'Mr Speaker, I thincke my selfe bound in conscience to certifye yow of an infamous libell that is newlye prynted and spread abroad since the begininge of this parleamente. 'Saveinge your presence, Mr Speaker, it is called "The Assemblye of Fooles". I desier that the prynter that prynted it maye be sent ffor; hee dwelleth over agaynst Yeild849 Hall gate.' The Howse wondered muche at this mocion and great murmerringe ther was; at last the Speaker asked him where the booke was and where he sawe yt. He answered, 'In the handes of one Mr Henry Davye his clarcke's hand850 of Lincolne's Inne', but the clarke's name he knewe not. The Sergeant uppon consultacion was sent ffor Mr Davyes and his man into the Hall. After a while they came up and notyce beinge given therof, the man onlye was sent851 ffor into the Howse;852 whoe beinge asked by the Speaker what was his name he said yt was John Baker. Beinge asked of whome he had the / fforesaid booke, he said ofjeremye Gowege853 of Clifforde's Inne;854 beinge asked855 howe longe he had yt he answered three or ffower dayes; beinge asked yf he knewe it to be a libellous booke, or sedicyous, he answered that he never knewe any sutch

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matter in yt; beinge asked where the booke was, he said at his master's chamber. Then the Sergeant was comaunded to take him fforthe and to commaund one of his men to goe with him to Lincolne's Inne to ffetche the booke. Then the Speaker asked yf they would have his master in. But Mr Doyley856 stood up and said Mr Davye was a very honest gentleman and shewed him the booke ffirst, and wisht him to complayne to this Howse therof, and he ffound greate ffaulte therwith, therfore857 he wished that Mr Davye might be stayed till the booke were brought, and yf then yt pleased them to send ffor him into the Howse, they might etc. And soe he was stayed. In this meane tyme, Mr Davye his man wente to his chamber ffor the booke, which after yt was brought and well scanned by the Privye Councell, it was ffound to be a meere toye and an ould booke entiteled, 'The Second Parte of Jack of Dover',858 a thinge both stale859 and ffoolishe, ffor which the said Mr Doyley was well lawghed at, and therby his creditt muche ympeached860 in the oppinyon of the Howse. Wheruppon Mr Speaker asked yf they would have Mr Davye and his man / brough into the Howse, and all cryed 'Noe, noe'; v. then yf they should be dischardged, and all said, 'Yea, yea'. An acte ffor reformacion of abuses in buyinge and sellinge of spicees and other marchandize. An acte ffor the redressinge of certeyne inconvenyences in the statute of xxith of Henry 8, ca. xiijtene, entitled, 'An acte agaynst pluralityes of benificees, ffor takeinge of ffarmes861 by spirrituall men and ffor residence'.862 Doctor863 Dunne spake agaynst this bill, beinge the second tyme of readinge, 834. 835. 836. 837. 838. 839. 840. 841. 842. 843. 844. 845. 846.

84y. 848. 849. 850.

St2 omits (+ Cott.). St3 omits 'is to be dyrected'. St2 omits. Eg.: 'is' (+ Pet., Hay). Hay: 'election'. Hay omits 'Clarcke of the'. FH: '. . . Yeas had the greater voice'. St2 omits. Binding obscures dates here. St2 omits 'of the charters'. FH omits (+ Cam., Gor.); Cott.: 'BudewelT. St2 '. . . Brydewell etc, in'. See 14 Eliz., c.14 (i5y2) in SR, iv.6o5: concerns Edward VI's letters patent, and Henry VIII and St Bartholemew's. FH: 'as' (+ Cam.). St2: 'Dowghtie'. St2: 'Guild' (+ Ha2, Gor.). Ha2 altered from this reading to 'in the handes of one of Mr Henry Davies' clerkes'; MS and St2 have the additional "s hand'; otherwise the name appears in the various forms of 'Davy'

851. 852. 853. 854. 855. 856. 85y. 858. 859. 860.

861. 862. 863.

or 'Davies' both elsewhere in the MS and in the others; Hay has 'in the hands of Mr Henry Davyes clerke of Lincolne's Inne' (+ FH, Cott.), but the rest of the paragraph makes it clear that 'Davy's [or Davies'] clerk' is being spoken of. Cott.: '. . . they came up but the man was sent'. Cott.: 'Hall'. St2: 'Goughe'; FH: 'Gawdie'. Hay omits 'beinge asked . . . Clifforde's Inne'. Ha2 omits 'of whome . . . beinge asked'. St2: 'Dowley'. Pet. omits 'and he ... therfore' (+ Eg., Hay). Cf. STC, no. 14291. St2: 'ffrivelous'; FH: 'stole'. Eg.: '. . . thereby is muche impeached' (+ Hay, Pet.). Cam.: 'P. 21 Hen. VIII, c.i3 (1529) in SR, iii.292-6. Eg.: 'Mr' (+ Ha2, Hay, Pet.).

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The Tenth Parliament: 27 October-ig December 1601 and said that yt was noe reason864 that men of unequall deserte should be equallye benificed or equallized865 with the best. Doctor Crompton,866 amongst manye other speeches, wisht that pluralityes of ofFicees might bee taken ffrom the layetye and then pluralityes of benificees ffrom the spirritualitye. [Alsoe in ffbrmer ages, hee said, impropriacions were given to the speritualtye,]867 and then noe pluralityes allowed. As alsoe spiritualll men bound by868 ecclesiasticall cannons and their vowe869 ffrom marryage, soe that they might lyve with ffarre lesse chardge then no we they doe. But haveinge taken ffrom them ffirst ympropriacions they cannott keepe that hospitallitye which is requyred; and nexte marryage beinge tollerated amongst them they lived870 at greater chardge both of wyfe and children: one benifice of smale cure sufficeth not. / Sir George871 More said he thought the bill moste frytt to be committed, it beinge in the generall scope a good lawe and tendinge to a good and religious end. 'But sutch is the iniquitye of this age that ffor wante of a good lawe of this nature manye soules doe not onlye languishe but perishe everlastinglye872 ffor wante of spirituall ffoode. I thincke therfore that thoughe ther be some ymperfections in the bill, yet the bodie and partes of yt maye be amended to every man's satisfaccion.' Mr Locke873 said, 'Mr Speaker, I thincke that bare silence is not an exoneracion of a man's conscyence. The similitude of officees and benificees made by the Doctor doth not hould under ffavor, ffor non est incipiendum cum laicis, sed incipiendum a domo Dei. Therfore, yf they begine ffirst, we shall ffollowe in avoydeinge pluralityes.' Doctor James874 said that it had bene said that pluralityes were the cause of bringinge corruption into the Churche. 'But ffor that, under ffavore', said he, 'I thincke the contrarye, because corruption ys comonlye where povertye is. But yf competent lyveinge be given to the minister, I see noe reason whie juste men should judge there to be corruption. Secondlye, it was said875 that it would be a meanes of preachinge the Word. For that I answere that yf hope of competent liveinge be / taken awaye yt wilbe a meanes to make the beste wittes refuse the studdye of devinitye, and therfore an historian sayth well that sublatis®76 praemiis corruunt*77 artes. Consider besides that in England there are not above eight thowsand eight hundred and odde parishe churches, 600 of which doe878 but affoord competent lyveinge ffor a minister. When879 then shalbe come of the multitude of our learned men? They have noe other prefermentes unles yt be to gett some deanrye, prebendarye880 or sutch like, which is noe asie matter to doe, they beinge soe ffewe, especiallye in this catchinge age. To give the best scoller881 but as greate a proporcion as the meaneste artizan, or to give all alike,882 ther is noe equallitye, ffor inaequalibusss?> aequalia dareSM absurdam. And this will breed povertye in the greatest learned, which is the mother885 of contempte a thinge both dangerous and odious unto divinitye. This muste needes make886 preachers preache887 placentia, which is a thinge abhorred even of God himselfe. A preacher, which is noe ordinarye person, ought to have an


extraordinarye reward, ffor the cannon sayth he must be ad minimum artium magister, aut publicus aut idoneus verbi divini%m concionatur.^ Mr David Waterhowse said, 'Mr Speaker, because my selfe am an officer890 I meane onlye to speake to the poynte of the Doctor's semilitude of pluralityes of officees. By the common lawe an officer shall fibrfeyte his offyce / ffor non attendance, soe ffor a benifice the yncombent shall alsoe fforfeyte. But after the statute came which made891 this tolleracion within viijth 892 dayes' absence. Soe that no we yf we sett this statute at libertye agayne, this shalbe noe innovacion in us, but a renovacion893 of the common lawe. And I will end onlye with this caution to the Howse, that commonlye the moste ignorant devynes of this land be dowble benificed.' Sergeant Harrys said, 'Wee seeme to defend the privelidges and customes of the Howse, but yf wee proceed to determyn of this bill, Mr Speaker, wee shall not onlye inffringe a custome which wee have ever observed, viz. to meddle with noe matter which toucheth her Majestie's prerogative, but also procuer her greate displeasure. Admytte we should determyn of this matter, yett her Majestic maye graunte tolleracion with a non obstante. And Mr Speaker, the laste parleamente maye be a warninge to us when the like bill by us was preferred and the same not onlye894 reiected, but alsoe her Majestic commaunded the Lord Keeper895 to tell us that she hoped we should not herafter meddle in cases of this nature, soe neerlye toucheinge her prerogatyve royalT, etc. 864. FH: 'was not equall'. 865. Hay: 'equally beneficed or equally beneficed'. 866. Cott.: 'Compton'. 867. From St2 (+ other MSS). 868. St2: 'to'. 869. Cott. omits 'and their vowe'. 870. Cott.: 'being'. 871. Cott.: 'Henry'. 872. FH omits. 873. Commons: Henry or Zachariah Lok. 874. St2: 'Sir James'; 813: 'Sir James [blank]'. 875. FH omits. 876. Cam.: 'sublabus'; FH: 'sublatus'. 877. St2: 'torruunt'; FH: 'corranf. 878. St2: '. . . churches, of which some doe but' (+ Ha2); St3: '. . . of which doe but'. 879. Sic. St2: 'What' (+ other MSS). 880. Cam. omits. 881. St3: 'scolles'. 882. Cam. omits 'or to give all alike'. 883. St2: 'inaequalitas' (+ St3); FH ( + Cam.): 'inequalis aequalis'. 884. St2: 'dan.

885. 886. 887. 888.

FH: 'matter'. Pet. omits (+ Eg., Ha7). Gor. omits. Cam.: 'ditiuimi' (?); FH ends sentence at 'magister'.

889. St2: 'condonator (+ Gor.); St3: 'corronator; FH omits 'aut publicus . . . concionatur. See E. Cardwell, Synodolia (1842), 1.150 for the canons of 1597. 890. Waterhouse was Clerk of the Crown in Queen's Bench (Commons). 891. St2: 'which was made' (+ St3). 892. St2: '80' (+ other MSS); the statute of 1529 (SR, iii.295) says spiritual persons shall reside in at least one of their benefices, and be absent for no more than one month continuously, or for a total of two months 'at several times' in any one year. 893. St2: 'revocacion' (+ Cam., FH), which also have 'invocation' rather than 'innovacion'. 894. Cam.: 'duelie' (+ FH). 895. Egerton.

357

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Mr Martyn spake to this effect: 'I agree with one that said learninge should have her rewarde, but I saye more, that our soules should have / their spirrituall ffoode. And I doe wishe that devyne[s] maye have promotion, not onlye with good convenyence, but alsoe with good aboundance. Thoughe I bee zealous, yett I hope to reffrayne and restrayne myselfe ffrom that heate which the heate of my zeale and love of my countrye drave me into very latelye,896 ffor which I doe not onlye acknowledge my selfe guyltie in your censuers, but alsoe crave pardon of every particular member of this Howse that heard me, but moste especyallie of him I offended.897 But toucheinge this bill, Mr Speaker', and soe he spake to the bill, etc. See898 his wordes in heate spoken to the bill of Exeter the 10 of November, etc.899 After this speeche an900 ould doctor of the civill lawe spake, but because he was to longe and spake to lowe, the Howse hawked901 and spitte, and kepte a greate coyle to make him make and end, which speeche ffmished. Sir Francis Hastinges stood up and said, 'My masters, I utterlie mislike this straunge course in the Howse. It is the auntient useage that every man heare should speake his conscience, and that both ffreelye and with attention, yea thoughe he speake never soe absurdlye. I beseeche yow therfore, that this maye bee amended and this troblinge902 of any man in his speeche noe more £52 used. But to the matter, Mr Speaker. I protest that which I shall / speake I will903 utter904 to yow all out of the conscience of a Christian loyaltie of a subiecte905 and harte of an Englishman. I knowe that distributio parochiarumg°6 est ex jure humano, non divine; but he that said soe must907 give me leave to tell him that distributio verbi divini908 est ex jure devino et humano. Yf then by the distributeinge and severinge of benificees to divers learned men the Word maye be the better distributed unto the people, and preached (as God be thancked yt hath bene these 43 yeares under her Majestie's happie govermente,909 the poynte910 of whose dayes I beseeche the Almightye maye be prolonged), I see noe reason Mr Speaker, whye wee911 should dowbte of the goodnes of this bill, or make any question of912 the committinge therof', etc. Mr Roger Owen said, after particuler answeres to divers perticuler obiections913 by the doctors914 shewed, that a statute was but private*915 comunis juris, 'and this acte will make noe ynnovacion916 because it repells917 onlye the provisoe and not the bodye. Whereas it was said by918 a doctor that honos919 alii artes (and muche more to that purpose) and yf yow take awaye the honor and reward, then yow take awaye the studdye it selfe; ffor answere therunto I saye under ffavor, Mr Speaker, that this statute takes awaye noe benificees ffrom the v. / clargie, but doth onlye better920 order the distribucion of benificees921 amonge the clargie. For922 another doctor that alledged a cannon confirmed under the Greate Scale of England, I saye under ffavor that they of the clargie, and not we of the layetie, are bound therby, ffor they are as yt were by lawes to them, but not to us.' Then the Speaker stood up and put yt to the question for committment and yt was committed. v.

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He alsoe asked the Howse yf they pleased to sitte to morrowe (beinge the Queene's hollidaye), to which after a little speeche it was agreed to sitt after the sermon was done at Westminister, which would be ended by tenne of the clocke. And that was affirmed to be the auntient course. 17 November, Tuesdaye An acte was read ffor the enhablinge of Edward Nevill of Burlinge923 in the countie of Kent, esquyer and Sir924 Edward925 Nevill his sonne and heyre apparant, to sell certeyne coppiehould landes, etc.926 An acte ffor the true payement of tythes to the persons and vickers of all parishes within the walles of the Cittye of Norwiche. An acte agaynste unlawfull huntinge and stealinge of deere in the night tyme. / An acte to prevent periurye and subornacion of periurye927 and to prevent unnecessarye suites in la we. The effect of which acte is ffor the removeinge of suites by habeas corpus or certiorari before one juror be sworne, out of the pettye courtes to Westminister, etc. I delyvered this bill (viz Hayward928 Tounshend),929 at the deliverye wherof I said, 'Mr Speaker, I take every man bound in conscience to remove a little mischeiffe ffrom the common welth before it take head and growe to a greate ynconvenyence. This mischeife is ordinarye and generall and therfore (thoughe930 but smale) to be considered and provided ffor. And yf a hether 896. The reference seems to be to his intervention on 10 November (£36), though Townshend does not, at that point, indicate that it was controversial. 897. FH omits the rest of the paragraph. Martin may be referring to Hele whose speech (fos.34v—5) he seems to have alluded to on 10 November. 898. St2: 'Soe' (+ St3, Haz). 899. Cam.: 'fol' (+ Pet., Eg., Hay); Cott.: '. . . Exeter [gap] 33.10. 900. St2: 'the' (+ 813). 901. Pet.: 'haked' (+ Eg., Hay, Gor.). 902. FH: 'controwling' (+ Cam.). 903. Cam. omits 'speake I will'. 904. Hay: 'ever'. 905. Cam.: '. . . conscience and loyaltie of a subiect' (+ FH); Gor.: '. . . conscience of loyalty of a subiect'. 906. Cott.: 'verbi divim . 9oy. Pet.: 'much' (+ Eg., Hay, Cam., Pet.). 908. Cam.: 'divines'. 909. Cott. omits 'happie govermente'. 910. FH: 'length'. 911. Pet. omits. 912. St2: 'att' (+ St3). 913. Cott.: 'obiectes'.

914. 915. 916. 917. 918. 919. 920. 921. 922. 923. 924. 925. 926.

92y. 928. 929. 930.

Cam.: '. . . obiections but docter'. St2: 'privatio (+ other MSS). FH: 'invocation' (+ Cam.). FH repeats. Cott.: 'that'. Cott.: 'honor'. Cott.: 'accord'. Ha2 omits 'ffrom the clargie . . . of beneficees'. FH omits and starts a new paragraph. 813: '. . . Edward Burlinge'. St2: 'Mr' (+ St3, Ha2). FH: 'Henry' (Pet., Eg., Hay, Gor., Cott., Cam.). See GEC, Complete Peerage sub Abergavenny: Edward Neville, the father, had sat in Parliament in 1589. The death of his father started the long dispute over the assumption of the title of Lord Bergavenny. Lady Fane unsuccessfully tried to block the passage of this bill (D'Ewes, pp.6io-n). Cam. omits 'of periurye' (+ Gor, FH). Pet.: 'Howard' (+ Eg., Hay). Cam.: 'ort. H.T.'; FH omits the attribution (+ Cott.). Cott.: 'thought'.

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pheasor931 could admonishe us obstare prindpiis,932 I see noe reason that men indued with Christianitye should be of the least hurte or sore groweinge in his countrye, eyther regardles or respectles. For which purpose a gentleman well experyenced, haveinge ffound933 this greife, common to the poorer sorte, like a good subjecte tenderinge934 all the partes935 of his common wealth intreated me at my comeinge in into this Howse this morninge to offer unto all your consideracions.' This bill is entiteled, etc. the effect wherof is, etc., 'which yf it maye please yow to entertayne with that willingnes as936 yt is offered, I dowbte not but this ynconvenyence wilbe quicklye repressed.' Soe I offerred the / bill and prayed it might be read.937 An acte ffor confirmacion of lettres pattentes made by Kinge Edward 6 to Sir Edward Semore938 knight. An acte ffor the strenghtheninge of a graunte made by Kinge Henry 8939 ffor the mayntenaunce of the poore to the Hospitall940 of Sainte Bartholmewe in London, etc., accordinge to a covenaunte made by the same kinge: this is the second readinge.941 And after a speeche made by Sir Steven Soome,942 alderman of London, it was committed. He alledged that by the ffoundacion of the Hospitall there were a 100 poore onlye maynteyned, and by the guiftes of other benefactors since, a 100 more, besides 600 which were there no we in cuer of diverse disseases. And the good that comes aswell by this as other hospitalls in London is verye apparant, ffor there are of poore people besides the certeyne nomber of Hospitlers,943 the beste parte of 3000 daylie in cure. Sir Edward Hobbie said, 'I ffmd this bill to be putt into this Howse to the end some contention944 toucheinge the limyttes of the parishe adioyeninge to Sainte Bartholmewe's. I am ever jealyous of pryvate bills of this nature and dare not shewe my selfe hastie in assentinge to passe any without / committment least wee might infringe the liberties of some other parishes adioyninge. Therfore I praye that it maye be committed and the partyes of both sides called before the committies.' An acte to redresse adulterye was offerred to the Speaker's handes, but by whome I well remember not. The substance of the bill was that yf a woeman or a man or both were convicted of adulterye, he should loose his tenauncye by the curtesie, and she her tenauncye in dower. The ffirst tyme of the readinge of this bill.945 Sergeant Harrys stepte up to this bill and said, 'Mr Speaker, by the scope of this bill the determinacion of this ffacte946 must be by 2 or 3 blynd wittnesses in the ecclesiastical! courte, which is noe reasone that judges ecclesiasticall should determyne of layemen's inheritaunce. Besides, ther is another grosse ffaulte in the bill, ffor yf they [be] both poore, and have noethinge but goodes, nowe yf a man be taken in adulterye he shall not be punished, because ther is nothinge of which he should be tenante947 by the curtesie; but yf the woman be taken, she is to loose the thirdes of the goodes, or yf it be in the Cittye, by custome she looseth the halfe, which is jus inaequale94* / and not to be admitted in this Howse.' Then all the Howse cryed, 'Awaye with yt'.

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Then the Speaker put it to the question whether it should be read the second tyme, and the Howse gave a monstrous greate 'Noe'. 18 November, Wenesdaye. The bill ffor clotheworckers was committed to the Temple Hall on Mondaye next. An acte ffor reforminge abuses in silkweavers. An acte949 ffor abuses in imbroyderers. An acte ffor the repeale of certeyne statutes made the 5 of Edward 6, and 2 and950 3 of Philip and Mary toucheinge the makeinge of clothe and ffor the amendinge of abuses in the makeinge of clothe in the countie of Somersett. This bill was committed to the committies ffor the clothworckers eodem tempore et loco.^ The bill ffor sollickers (beinge my bill) brought in by Mr Jones,952 the effect wherof nowe is that noe persone whatsoever shall sollicitt, other then those which will doe the same without ffee or reward. Alsoe a provisoe that utter baristers maye sollicit in all courtes whatsoever; the like ffor atturnyes; the like ffor them which maye maynteyne any suite by lawe; the like ffor corporacions, that they may make a sollicitor. Alsoe a provisoe / that noe mechanicall persone shalbe made an atturnye, viz., broker, scrivenor, myller,953 smythe, etc. And lymitted to enduer to the end of the ffirst session of the next parleamente. A bill ffor tryfelinge suites, brought in by Mr Boyse. The bill touchinge confirmacion of pattentes, brought in by Mr Francis Moore. An acte ffor reformacion954 of abuses in the makeinge of clothe. To which Sir George Moore stood up and said, 'This statute fforbiddeth clothiers to use955 teyntors; the ffirst offence, xxh,956 the second pillorye, too infamous a punishmente ffor soe necessarye a member. It pleased the Lordes of her Majestie's most honorable Privye Councell to dyrect their lettres to the 931. Sic. St2: 'heathen philosopher' (+ other MSS). 932. Cf. Ovid, Remedia Amoris, 91. 933. St2: 'understood'; St3 omits. 934. Cott.: 'tending'. 935. St2: 'perills' (+ 813). 936. Cam. omits (+ Gor., FH, Pet., Eg., Hay). 937. Cott.: 'ready'. 938. Cott.: 'Spensor'. 939. Cott.: '6'. 940. Ha2 omits 'to the Hospitall'. 941. See above, fos.48-v; LP 1546-7, pp.414-17 for the grant. 942. FH: 'Somes' (?); Eg.: 'Robert' rather than 'Steven' (+ Ha7). 943. FH: 'hospitalls'. 944. Pet.: 'controversies'.

945. FH omits this sentence. 946. FH: 'stat[ute]' (?); Cott.: 'fault'; Cam.: 's[ai]d act'. 947. Cott.: 'to'. 948. FH: '. . . is noe equall right . . .'. 949. St2 omits. 950. FH omits '2 and' (+ Hay). 951. 5 & 6 Ed. VI, cc.6, 8 (1551-2), 2 & 3 Ph & M, cc.n, 12 (1555) in SR, ^.136-41, 142, 287-8. 952. Jones is later described as of Gray's Inn, and must therefore be Thomas or Edward Jones (Commons). 953. Stowe 362: 'milner' (+ 813, Ha2, Cam.). 954. FH: 'conformacion' (+ Gor., Cam.). 955. FH: 'the'. 956. Cott.: '200'''.

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justicees of peace in my957 shier, ffor the suppressinge of teyntors. We sent our warrantes out to the clothworckers, appoynteinge them to attend us at a certeyne daye and place. Uppon examinacion of the matter before us, we ffound by those reasons they alledged958 that cloth could not be made without teyntors ffor they could never even yt by reason of the cocklinge959 therof, without teyntors.960 And thoughe they teyntered961 yt never soe little, yt would stretche a little in bredth and at least a quarter of a yard / in962 lenght, ffor which smale ffaulte, beinge not voluntarye, me thinckes the punishmente aforesaid ys too, too,963 greivious. I therfore thincke it ffitt under correction of the Howse that the bill might be committed.' And soe it was, to the fformer committies.964 Mr965 Francis Bacon brought in the acte toucheinge the Exchequer nowe thus entitled, 'An acte ffor the better observacion of certeyne orders sett downe and established in the Exchequer under her Majestic's Privye Scale'. At which tyme he said, 'Mr Speaker, this bill hath bene deliberatelye and iudiciouslye considered of by the committies before whome Mr Osborne came, whoe I assuer this Howse did soe discretlye demeane himselfe and soe submiss[ive]lye refferred the state of his966 whole office to the committies and soe well answered in his owne deffence that they would not ransacke the heapes967 or sound the bottome of fformer offencees, but onlye have taken awaye some thinge that was superfluous and needlesse to the subiecte. Thoughe968 the committies have reformed some parte, yett they have not soe neerlye eyed every969 particuler as yf they would pare to the quycke an ofryce of her Majestie's guyfte and patronage. This bill is both publicque and private: publicque becuse it is to doe good unto the subiecte, / and private970 because it doth noe iniustice to the particuler officer.971 The committies herin have not taxed the officer972 by waye of ymputacion, but removed a taxe by waye of imposition.973 I will not tell yow what we have taken awaye eyther in quo titulos974 or chequer language, but accordinge to the poett whoe sayth, 'Mitte975 id quod scio, die quod rogo'976 I will omitte977 that which yow have knowne and tell yow that yow knowe not and are to knowe, and that in ffamillyar termes'; and soe he tould the substance of the bill. 'We ffound that her Majestic, whose eyes are the candles of our good dayes, had made him an offycer by pattent978 in which, that he might have right, her Majestie's learned counsell were there in centynell979 to see that her Majestie's right might not be suppressed. Yf my memorye have ffayled me in deliverye of the truthe of the proceedinge, and the committies' determynacion, I desier those that were ther present980 to helpe and assiste me. Here is the bill.' Soe he called alowde to the Sergeante of the Howse, and delivered him the bill to be delivered to the Speaker. An acte to avoyde and prevent diverse misdemeaners in lewde and ydle persones, beinge ingrossed, yt was put to the question and passed. / Mr Dyott of the Inner Temple said, 'Mr Speaker, ther be manye commodityes within this realme which beinge publicque ffor the benefitt of everye particuler subiecte are monopolized by pattent ffrom her Majestic onlye ffor the good and pryvate gayne of one man. To remedye the abuses of those kinde of pattentes which are graunted ffor a good intent by her Majestic, I am,


Mr Speaker, to offer to the consideracion of your selfe and this Howse an acte agaynste pattentes purportinge perticuler power to be given to sundrye pattentees', etc. It hath a verye longe tytle.981 Mr Lawrence Hyde of the Middle Temple said, 'I would, Mr Speaker, onlye move yow to have an acte read conteyninge but twelve lynes. It is an exposicion of the common lawe toucheinge these kinde of pattentes commonlye called monopolyes.' An acte ffor better observacion of the Sabothe which is frramed uppon the acte of the I982 Elizabeth, the which requyers an inditement before the xijd can be taken or levyed ffor not comeinge to churche, which circuite this acte983 taketh awaye. And soe yt was committed984 after muche dispute, ffor the Howse greatlye disliked with the course985 of the bill, ffor by that every husband986 must paye xijd ffor his wyfe's absence, and every master xijd ffor his987 servante's absence, etc. / Mr Dyott stood up and said, 'Mr Speaker, every man can tame988 a shrewe but he that hath her; perhaps she will not come, and ffor her wilfullnes, noe reason the husband should be punished', etc. So as they were nameinge committies, Mr Downald,989 the Lord Keeper's secretarye, stood up and desired that the bill which Mr Hyde called ffor toucheinge pattentes might be read, and was sayeinge some what more, but Mr Speaker ynterrupted him sayeinge, 'I praye yow lett us name committies, and then yow maye speake.' Soe they went to the nameinge of committies and Mr 957. 958. 959. 960. 961. 962. 963. 964. 965. 966. 967. 968. 969. 970. 971.

972.

St2: 'any'. Hay omits 'they alleged'. FH: 'cocking'; Gor.: 'cacking'. See APC, 1600-1, pp.387-9 for complaints about tenters. St2: 'streatche'; 813: 'And though it were never soe litle . . .'. Ha2 omits 'at least a quarter of a yard in'. Cam.: '. . . aforesaid to bee to'. 43 Eliz., c.io (SR, iv.975) specified a fine of £20 for every offence. FH: 'Sir'. Ha2: 'this'. Cott.: 'headpole'. Eg.: 'touching' (+ Pet., Ha7). FH: 'any' (+ Gor.). St2 omits 'publicque because . . . and private' (+ St3). Chamberlain commented (to Carleton) on 14 November that Parliament had tried to amend Osborne's office without much chance of success (CSPD, 1601-3, p.i2i: see also p.134). St2 omits 'The committes. . . the officer'.

973. 974. 975. 976. 977. 978.

979. 980. 981. 982. 983.

984. 985. 986. 987. 988. 989.

St2: 'imputacion' (+ St3). Ha2: 'titulo'. Ha7: 'mitto'. Cott.: 'roges'. FH: '. . . according as one saith well I will omitt'. See CPR, 1575-78, p.328 for Osborne's grant (also J. C. Sainty, 'The Tenure of Office in the Exchequer', EHR Ixxx (1965), 463, n.i). St3: 'continuall'. Cott. omits 'and the committies . . . ther present'. Problematic punctuation is evident here: it is not clear whose observation this sentence is. Cam.: '10'; Ha2: '2'. FH: '. . . which act this circuite' (+ Cam.). Cott.: 'committing'. Cott.: 'cost'. St2: 'husbandman' (+ 813). Cott. omits 'master xijd for his'. Cott.: 'keepe'. Tilley, p.4io cites Sir John Harington's Metamorphosis of Ajax. Cam.: 'Sownald'.

363

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Secretarye Cecill a little while after said somethinge in Mr Speaker's eare. But assone as tyme and place of committment was named, the Speaker rose without fFurther hearinge Mr Downald, which he tooke in greate disgrace and tould the Speaker he would complayne of him to the Howse the next sittinge. To which the Speaker answered not one word, but looked earnestlye on him, and soe the presse parted them.

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19 November, Thursdaye.990 An acte ffor confirmacion of the aucthoritye of the Mayor of London in the libertye of Sainte Katherin's. An acte ffor disco very e of stealers of cattle. An acte lymiteinge what persons shall dye, or retayle991 wollen clothe. An act agaynste gavellkynde land in Kent. / An acte ffor explanacion of the statutes of the xiijth and992 xviijth Elizabeth agaynst bondes, courtes,993 or leases of spirituall or ecclesiasticall lyveinges.994 An acte ffor explanacion of the statute of the xxxijth995 of Henry 8 of lymitacion of prescription; this is the ffirst readinge. An acte agaynste blasphemous swareinge. An acte ffor explanacion of the common lawe in certeyne cases of letters pattentes, brought in by Mr Hyde. An acte ffor the denizacion of certeyne persons, viz. Josepho Lupo, one of the Queene's phisicions,996 Thomas Moxon, Richard Bye, sonne of William Bye, and Margery e his wyfe, and Margery Questor.997 An acte ffor the enhablinge of Edward Nevill of Burlinge998 in the countie of Kent, esquier, and Sir Henery999 Nevill his sonne and heyre apparant, to sell certeyne coppiehould landes. This is committed to Tuesdaye in the Courte of Wardes. And ther is all the Queene's counsell and the counsell of both sides to attend, ffor that the Queene is in remaynder. And Sir Edward Hobbie certifyed the Howse of his knowledge that the Queene was well pleased with this acte. There were returned1000 burgesses ffor Newton in Lancashier one Mr Langton, the barone of Walton1001 and / one Mr Richard Aston,1002 whoe was present in the Howse. But the said baron, thoughe he were returned, he was not yet come to the towne by reason that he is ffalne sicke by the waye, and1003 Mr Aston informed the Howse. But the sent up his sollicker hither to folio we his cases in lawe and to paye certeyne debtes of his to Mr John Lacye1004 of Cheapside. No we Mr Aston informed the Howse that this sollicker was arrested on Sondaye1005 night laste beinge the xvth daye of this moneth in Graye's Inne Lane, by a bill of Middlesex at the suite of one William Muskett, a taylor, and carryed prysoner to Newgate. And there after1006 a dischardge gotten1007 because he said he served a Parleamente man, he was noe sooner dischardged but straight he was agayne arrested and carryed to the Counter, and ther laye all night, until he sent to the Sergeant at Armes whoe ffetched him out and kepte him in his custody e. And no we this daye he desired at the barre the privelidge of the Howse, he beinge especyall1008 servant to a member therof. Soe after he was removed out:

Journals:Toumshend's journal, 27 October-ig December Mr Francis Moore said, 'Mr Speaker, I thincke yt will growe a question whether he shall have privelidge in that his master is not sworne, nor heere.'1009 Mr Browne1010 said, 'Every Parleamente man hath ffreedome ffor himselfe and his servantes xmjen / dayes befor the parleamente, and that is before he be returned or sworne; muche more ought wee to give privelidge in this case.'1011 Then was Muskett that procured the arreste brought in, and beinge1012 demaunded by the Speaker the reason howe he durst meddle with any man's servante of the Howse, he answered that the said sollicker beinge demaunded whether he served any man or member of the Parleamente, hee answered 'Noe', which indeed after proved untrue when they were brought fface to fface. Then was the sergeant1013 brought in whoe said that he was put to his choyce whether he would tarrye still at Newgate or goe to the Counter; beinge ffurther asked yf he could saye anye more in his owne excuse he answered 'Noe'. Soe the sollicitor was brought in, whoe iustifyed that he was ffirst arrested and after dischardged1014 and then the second tyme arrested as aforesaid. Soe they were both removed fforth the Howse. Sir Edward Hobbie tooke hould of the speeche made by the sergeant of his choyce to staye in Newgate, or goe to the Counter,1015 as alsoe1016 that he was dowblye arrested, and payde dowble ffees. 990. Binding obscures date here; St2 omits date and day (+ 813). 991. FH omits 'or retayle'. 992. FH omits 'xiijth and' (+ Cam.). 993. Sic (+ Ha2, Sts, FH, Gor., Cam.); St2: 'covenates'; Pet. omits the word. 994. Cott. omits this entry (+ Eg., Hay). 13 Eliz., c.20 (1571); 18 Eliz., c.n (1576) - referring to sect. 2 of 13 Eliz., c.io — in SR, iv.544, 556, 622—3. 995. Cott.: '22'. 32 Hen. VIII, c.2 (1540) in SR, iii.747—8. 996. Cott.: 'musitions'. 997. Cam.: 'Snester' (?). See W. Page, Letters of Denizations and Ads of Naturalisation, 1509-1603 (Huguenot Society Publications, vol.viii, 1893), pp.38, 158, 176; HMC Salis, iv.i9 for Lupo, Moxsen, and Bye. See also CSPD 1598-1601, p.277 for a Mathew de Quester, merchant, gathering information on Spanish shipping for Cecil. Page, op. cit., p. i has comments about denization rather than naturalization. 998. St2: 'Burlington' (+ St3). 999. FH: 'John' (+ Gor.). tooo. St2: 'certayne' (+ St3).

1001. St3 omits 'Mr Langton, the baron of Walton'. See Commons sub Langton, Thomas for religious and financial background. 1002. FH: 'Ashton' (throughout, + Cam.). 1003. Sic. St2: 'as' (+ other MSS). 1004. 813: 'Lucy'. 1005. St2: 'Maundaye'. 1006. St2: 'thereffore'. 1007. St2: 'to be gotten'; FH: 'gotten' (+ Gor., Cott., Cam., Pet., Eg., Hay). 1008. Sic. St2: 'a special!' (+ other MSS). 1009. Ha2: 'hee'. 1010. Browne is cited later (f.QOv) speaking on the same matter and identified as of Gray's Inn, i.e. John (Commons). ion. See C. Wittke, The History of English Parliamentary Privilege (Ohio, 1921), p.52 for varying duration, citing D'Ewes, Petyt's Lex Parliamentaria and Townshend here. 1012. Cam.: 'bee'. 1013. St3: 'servant'. 1014. Cott.: '. . .justified his first arest and after discharged'. 1015. Cott. omits 'to staye . . . the Counter'. 1016. St2 omits (+ St3).

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Soe after consultacion had, yt was put to the question and agreed by the Howse that they / both joyntlie should paye the sollicitor's costes and damages, and be ymprisoned three dayes in the Sergeante's custodye; and eiche of them, both Muskett and the sergeant, to paye the Sergeant attendinge this Howse his ffees. And the sollicitor to paye none, and soe to be discharged. An acte ffor confirmacion of grauntes made to1017 the Queene's Majestic and of letters pattentes made by her Majestic to others, beinge ingrossed, yt was read the third tyme and without speeche or denyall passed, onlye Mr Dale of the Temple said, 'Noe'. Mr Secretarye Harbert said, 'Accordinge to your comaundement Sir Edward Stafford and my selfe went unto the Lorde Keeper and delivered unto him that, notwithstandinge some allegacions which were alledged on the behalfe of his Lordshippe, our1018 resolucions toucheinge the warrantes, which uppon matuer deliberacion wee ffound by presidentes that they ought to goe and be dyrected to the Clarcke of the Crowne. His Lordshipp after a smale pawse answered that he nowe considered the weightines of divers businesses which were in hand, the consultacion which we were likelye presentlye to have toucheinge the bill of subsedie, that the enimye the Spanyard was landed in Ireland and the busines of those1019 affayers of great ymporte,1020 as alsoe his owne busines in the Upper Howse / and the shorte end which was likelye to be of this parleamente, and therfore he would not nowe stand to make contencion or shewe his ffurther reasons, but prayed us to certifye yow all that he would be moste readie and moste willinge to performe the desier of this Howse.' The bill[s] of pettye theftes and pattentes aforesaid were sent1021 up to the Lordes by Sir John Fortescue and Mr Secretarye Harbert. The Howse called uppon Mr Secretarye1022 to goe, but he desired to be excused in that he was trobled with a could. An acte to restrayne transportacion of monye out of this realme and to reforme certeyne abuses in the exchanges.1023 Mr Phetiplace, a burgesse ffor London, spake to this bill and said, 'It is to be thought that the Netherlander1024 haveinge soe muche use of monye is the exporter therof out of this realme. The Frenche kinge made yt a la we that noe man on payne of death should exporte monye thence; Germanye holdeth the standerd; soe doth Fraunce, soe doe we; but the Netherlander1025 onlye doth not, and he onlye gayneth therby of all three.' There be good statutes alreadye made to this purpose both in the tyme of Kinge Richard 2, Henry 3, Henry 4, Henry 5, and Henry 6 that noe strangers should bringe commodityes into this land, but he should bringe in soe muche monye, etc.1026 He made / a verye longe speeche toucheinge the manner of trade by exchaunge in marchantes' language etc. which I could not well note, etc.1027 He concluded with desier1028 of committment and that the marchantes might be called. Soe the bill was committed, and the Chequer Chamber appoynted the place, and the meetinge to be on Fridaye next. Mr Henery Mountague shewed that in the xvijth of Edward 4 sutch transportacion was1029 made ffellonye, and never transportacion1030 lightlye


367

heard of, tyll this Queene's dayes, in whose tyme none of these lawes be in fforce, which yf they were receyved1031 and sett on ffoote agayne, 'I thincke sutch kinde of transportacion would be lesse used then yt is.' One of the burgesses of Yarmouth1032 moved that all officers of portes might be certifyed of sutch goodes as be exported, and the shipper1033 bound in bondes to be sent to her Majestie's custome howse, etc. Mr Davyes said, 'Mr Speaker, I hould this parradoxe ffor a true grownde of polecye, that yf there were noe monye in the world, then this kingdome were the happiest nacion in the worlde. And the best age was when ther was onlye barteringe of commodityes, ffor one yard of clothe would be better then three yardes of velvett, an ounce of iron, ffor the use of man, more precyous then a pownd of goulde, / a bushell of corne better then tenne1034 bushells of v. pepper, or other grayne. The ffundamentall cause of this bill was that wee might not be cosened1035 of our monyes, whoe have the best standerd of the world: ffor nowe the exchaunge ys governed by brokers, and as please them the exchaunge muste ryse and ffall.' Soe the bill was committed as aforesaid. The bill ffor settinge of watches is committed to Tuesdaye in1036 the Courte of Wardes. An acte ffor releyfe of Theophilus Addams toucheinge certayne obligacions reputed to be made voyde by the statute of xxxix* of Elizabeth, entiteled 'An acte, etc.' Some saye this bill was caste out of the Howse the last parleamente. 2Qio37

November, Fridaye. An acte ffor the assuraunce of the joyntuer of Lucye Countesse of Bedford. An acte prohibiteinge ffayers and markettes to be holden on Sondaye, by which bill the statute of Henry 6, ca: [blank] is repealed. An acte agaynste wilfull absence ffrom the churche on Sondayes.1038 1017. 1018. 1019. 1020. 1021. 1022. 1023. 1024. 1025. 1026.

Cott.: 'by'. St2: 'or' (+ 813). St2: 'the'. St3 omits 'and the busines of those affayers of great ymporte'. FH: 'Certen bills sent'. FH: 'upon Secretarie Herbert'. St2: 'exchaungers'; Ha2 omits this entry. St2: 'Netherlander'; FH: 'Netherlands' (+ Cam., Hay). St2: 'Netherlander' (+ 813); FH: 'Netherlands' (+ Cam., Hay). See 5 Rich. II, c.2 (1381); 2 Hen. IV, c.5 (1400-1); 9 Hen. V, stat.i, c.6 (1421) cited in 2 Hen. VI, c.6 (1423), and 8 Hen. V (1420) in SR, ii.iy-i8, 122, 203, 219-20. The reference to

1027. 1028. 1029. 1030. 1031. 1032. 1033. 1034. 1035. 1036. i03y. 1038.

Henry III may be an error: cf. 17 Ed. Ill in SR, 1.299. St2 omits: 'which I could not well note, etc.'. St2: 'matter' (+ 813). Hay adds 'not'. FH omits 'made ffelonye and never transportacion' (+ Cam.). St2: 'revived' (+ other MSS). Henry Hobart and Thomas Damet (Commons). Pet.: 'skippers' (+ Eg., Hay, Gor., FH, Cam.); Cott.: 'shipps'. St2: 'two'. St2: 'consumed' (+ 813). FH omits 'Tuesdaye in' (+ Cam.). FH: '26' (+ Cam.). Ha2 omits this entry.

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The Tenth Parliament: 27 October-ig December 1601 Sir Francis Darcye brought this acte in after the committment and said, 'Mr Speaker, me thought I heard a straunge voyce at the committinge of this bill. I hope after these amendmentes it will have better successe in the passage then that voyce1039 did presage,1040 / but moste especiallye of us, whoe are the mouthes of1041 the moste grave and religious commons of this realme. By this bill, every husband must paye ffor the wilfull absence of his wyfe, children above xije yeare of age, and servantes. Their is a newe provisoe ffor haveinge servyce at home,' etc.1042 Sir Edward Hobbie said, 'I thincke this statute is an ymplicatyve1043 exposicion of the statute of xxiijth of Elizabeth, by which every recusant is to paye to the Queene, ffor wilfull absence ffrom the churche, xxrie pownde a moneth, and yt hath bene a dowbte1044 whether they shall paye as muche ffor their wyfes.1045 Nowe this statute doth not explayne that poynte, but heare they must paye xijd onlye1046 ffor their wyves, etc. And therfore I dowbte some matter of secrett is in this statute, which is not yet knowne.' Sir George Moore said, 'The ould statute1047 of the xxiijth of Elizabeth sayth that every person that hath goodes shall paye. But the wyfe hath noe goodes, therfore she shall not paye. And ffor my1048 matter of secrett in this bill. I proteste I knowe none, and therfore I thincke yt needethe noe newe constructions.' Mr Francis More said, 'I thincke, Mr Speaker, the bill intendeth not to bringe any that / be yll affected within daunger of this lawe, or anye that be within the statutes1049 of xxiij116, but onlye to punishe those with the penaltye of xijd which thoughe they be well addicted, yet be negligent. For my owne parte, I doe soe muche desier the ffurtheraunce and good successe of this bill, or any of the like nature, that he that doeth not the like I would he had neyther harte to thincke, not tounge to speake.' Mr Martyn said, 'I doe, Mr Speaker, asmuche ffavor this bill as any man doth, but I would but move one question to the Howse, in which I desier to be resolved, that is, yf they that paye ther xx11 a moneth to the Queene, paye alsoe there1050 xijd a weeke by fforce of this statute.1051 For my parte, as the lawe of it selfe will not tollerate two remedyes ffor one inconvenyence, soe I can never agree in conscience to conscent to a dowble remedye ffor one single offence.' Sir William Wraye said to the question that was propounded, 'Howesoever the bill nowe standeth, this I can afryrme to the Howse, that the intent of the committies was that those recusantes which were able to paye ther xx'1 should not paye this penalltye, but that the same should onlye1052 be inflicted uppon the poorer sorte of people.' Mr Doctor Bennett said, 'Mr Speaker, although / I had noe meaninge to speake, yet I will nowe speake to the obiection that was laste made, which I take to be of noe greate moment. This lawe gives lyfe to the statute of 1° Elizabeth which, by reason of ambages1053 by indictament and otherwyse, never almoste had his due execucion, and a lawe without execution1054 ys like a bell without a clapper, ffor as the bell gives noe sounde, soe the lawe doth noe

Journals:Tou>nshend's journal, 2? October-ig December

good. There are, Mr Speaker, in the countie in which I am, at the least xije or xiije hundred recusantes, moste1055 of which this lawe, which we have nowe in hand,1056 would constrayne to come to the churche, I meane onlye those of the poorer sorte. It is a dutye in Christianitie ffor the ffather to looke unto his child, and ffor the master to looke unto his servante, which because yt hath growne cold, this lawe will quicken and revyve them, ffor punishment will make them doe that by constraynte which they ought to doe in regard of religion.' Sir Roberte Crosse said, 'Mr Speaker, I would move but one question: yf a man be in the Queene's warres muste he paye ffor the absence of his wyfe, children and ffamelye? This indeed is a ffaulte in the bill. Soe yf a man be absent ffrom whome1057 as at London about his lawe affayers', etc. Quod note.1058 Mr Carewe1059 said, 'Mr Speaker, I will not speake agaynste the bodye of the bill, onlye I mislyke one thinge in yt, and that is that justices of peace should have this aucthoritye; they / have alreadye enoughe to doe, and therfore noe reason they should meddle in ecclesiasticall causes. I thincke reyther it were frytte to be committed into the handes of the parson of the parishe, ffor yt is noe pollecye1060 that justicees of the peace should have sutch power over their neighboures.' Mr Browne said, 'Mr Speaker, ther is one thinge would be looked into in this bill which cannot now be remedyed, and that is yf the churchwardens should secretlye keepe a kallender and soe where he should gather xijd ffor the poore perhapps he will take iiijd ffor himselfe and dispence ffor the reste.' Soe after longe dispute yt was put to the question; and the Howse devided,1061 the I, I, I were 137 and the Noes I4O.1062 Soe the bill was reiected but by three voyces onlye. 1039. 1040. 1041. 1042. 1043. 1044. 1045.

FH: 'writt' ( + Cam.). St2: 'perswade' (+ Stj). St2 omits: 'the mouthes of (+ 813). FH omits this sentence. Hay: 'explicative' (+ Eg.). FH: 'adowbted' (+ Cam.). See 23 Eliz., c.i (1580-1) in SR, iv.657—8: sect. 4 says that 'every person' above the age of 16 years shall forfeit £20 for every month 'which he or she' shall forbear to go to Church. It goes on to talk of imprisonment in the event of non-payment of fines until the fine is paid, or until the culprit conform 'himself. 1046. Cott. omits. 1047. St3 omits. 1048. Sic. St2: 'any' (+ other MSS).

1049. Sic. 1050. Hay omits 'xx'1 a moneth to the Queene, paye alsoe there'; Cam omits 'to the Queene paye alsoe there xijd a weeke'. 1051. FH: '. . . 2O1' a weeke by force of this statute'. 1052. St2 omits (+ St3, Cam.). 1053. FH: 'ambaguitie'. 1054. Pet. omits 'and a lawe without execution' (+ Eg., Hay). 1055. Cott.: '500'. 1056. Cott.: 'force'. I05y. Sic. a form of 'home' (OED). 1058. Cott. omits 'quod nota . 1059. George Carew? (Commons). 1060. Cott.: '. . . is not fitting'. 1061. FH: 'denyed' (?). 1062. St2 omits (+ 813).

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One Mr William Morrys,1063 burgesse for Bewmaris,1064 informed the Howse that as he was comeinge up to London on his waye his man was arrested at Shrewsburye, wheruppon he tould the sergeant that he was of the Parleament Howse, and therfore wished him to dischardge his servant. The sergeant answered that he could1065 not dischardge him, but said that he would goe to the bayliffe with him, to whome when he1066 came he likewyse declared that he was of the Parleamente Howse and / therfore required his servant.1067 To whome the bayliffe answered that he could not dischardge him1068 without the consent of the partye that procured the arreste, to whome he alsoe went, and he answered the sergeant and him sayeinge 'Keepe him ffaste; I will not release him tyll I be satisfied.' Then he towld the creditor1069 that he was of the Parleamente Howse and therfore his servante was priviledged, wherunto the creditor made this answere: 'I care not ffor that. Keepe him ffaste; I wilbe your warrante.' 'I thought good to move the Howse herin, refferringe yt to your consideracions and because I am willinge that the priviledges of this Howse maye be knowne aswell ffarre of as here at hand I thought good to move the same.' Mr Francis Moore said, 'Mr Speaker, me thinckes this accion1070 is very scandalous to this whole Howse, and because yt is a cause both extraordinarye and contemptible, in my oppinyon yt deserveth a moste seveer exemplarye punishmente.' Wheruppon all the Howse cryed 'To the Tower, to the Tower with them; send ffor them, send ffor them.' Mr Speaker said, 'Is yt1071 your pleasure the bayliffe and he that procured the arrest and the sergeant shalbe sente ffor?' And all cryed 'Yea'. / Then1072 the Speaker said, 'The Sergeant muste goe downe to Shrewsburye.' And all cryed 'Yea'. The Speaker gave the Clarke a bill to reade1073 and the Howse called for the Chequer bill; some said 'Yea', some said 'Noe', and a greate noyse ther was. At laste Mr Lawrence Hide said, 'Mr Speaker, to end this controversie because the tyme is verye shorte, I would move the Howse to have a verye shorte bill read entitled "An acte ffor explanacion of the common lawe in certayne cases of lettres pattentes".' All the Howse cryed 'I, I, I'. Soe after it was read the question was to be propounded ffor the committinge of yt, and some cryed 'Committe yt', some 'Yngrosse yt'. At lenght1074 Mr Spycer, burgesse ffor Warwicke1075 stood up and said, 'Mr Speaker, this asemblye maye be said libera gens and therfore I hope here is both1076 libra mens and libera lingua, therfore ffreelye and ffaythfullye that which I knowe I will speake to this Howse. This bill maye touche the prerogatyve royall, which (as I learned the laste parleament) ys soe transcendant that the [thought]1077 of the subiecte maye not aspier therunto; ffarre be yt therfore ffrom me that the state and prerogatyve royall of the prynce should be tyed by1078 me, or by the acte of any other subiecte. / First lett us consider the word monopolye what it is. Monos is unus and polys1079 dvitas, soe then the meaninge of the word ys a restrainte of any


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thinge publicke in a cittye or common welth to a private use, and the user called a monopolitan, quasi cuius privatum lucrumWSQ est urbis et orbiswsl commune malum, and we maye well terme this man the whirlepoole of the prince's profittes. Every man hath three specyall ffrindes, his goodes, his kinsfolkes and his good name. These men maye have the two1082 ffirst, but not the two last. If I were acquaynted with any of them I would wishe them to loose some goodes to gayne a good name. They are insidiosa quia dulcia,1083 they are dolosa quia dubia. I speake not, Mr Speaker, eyther repyneinge at her Majestie's prerogatyve or mislikeinge with the reasons of her grauntes, but out of greyfe of harte to see that towne wherin I serve pesterred and contynuallye vexed by the substitutes or vicegerentes of these monopolitans,1084 whoe are ever yll disposed and affected members. I beseeche yow to give me leave to prove this unto yow by this argument. Whoesoever transgresseth the royall commission of her Majestic, beinge graunted uppon good and profitable suggestions, and alsoe abuseth the aucthoritye and warrante of her Majestie's Privye Counsell, beinge graunted unto him ffor the more ffavorable execution of his / pattent, v. this man is an evill disposed and dangerous1085 subiecte. But that this 1086 ys true and hath bene done by one persone, a substitute of a pattentee,1087 I will prove unto yow: ideowss the mayor need not be proved. The minor I will thus prove: my selfe am oculatus1089 testes of this minor, et talis testis plus valet existens unus quam auditi1090 decem.mi The substitutes of the pattentees ffor aqua vitae and vineger cam not longe since to the towne where I serve, and presentlye stayed sale of both1092 those commodityes, unles the sellers1093 would compound with them they must presentlye to the Counsell table. 1063. Cott.: 'Berrye'. 1064. FH: 'Branmaris' (+ Gor.); Cam. unclear. 1065. St2: 'would' (4- St3, Hay). 1066. St2: 'the'. 1067. Cott. omits 'and therfore required his servant'. 1068. Cott. omits 'discharge him'. 1069. Cott. omits 'the creditor'. 1070. St2: 'occacion'. 1071. St2: 'As it is' (+ 813); Pet.: 'It is' (+ Eg., Ha7). 1072. St2: 'That'. 1073. D'Ewes, p.644 does not specify which bill was read. 1074. All MSS, except Hay, finish sentence with 'at length', and start the new one with 'Mr Spicer'. 1075. FH: 'Barwick' (+ Cam.). 1076. Pet. omits 'libera gens . . . here is both' (+ Eg., Hay); Cam. has 'but' rather than 'both' (+ FH). 1077. Blank in MS (+ St2, St3, Ha2, Pet.,

1078. 1079. 1080. 1081. 1082. 1083.

1084. 1085. 1086. 1087. 1088. 1089. 1090. 1091.

1092. 1093.

Eg., Ha7): this from an insertion in Cott.; FH: 'person' (+ Gor., Cam.). St2: 'to' (+ 813). St2: '^0/05' (+ St3). St2: 'lucerum'. FH omits 'et orbis'. St2 omits (+ 813, Cam.). FH omits 'They are insidiosa quia dulcia; Cam.: 'dultiou (?). St2: 'monopolitantes'. Cam. omits 'and dangerous'. St2 omits; St3 omits 'But that this ys true'. Cott.: 'pattent'. Cam.: '9°' (+ Sts); Pet. omits (+ Eg., Ha7, Cott., Gor., FH). Eg.: 'occulus' (+ Ha7). St2: 'auriti (+ Gor.). Plautus, Truculentus, 2, 6, 7-8; FH: '. . . my selfe being an eye witnes of the same'. Cam. omits 'sale of both'. FH: 'creditors'.

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'My selfe, thoughe ygnorant, yett not soe unskilful! by reason of my profession1094 but that I could1095 judge whether [their]1096 proceedinges were accordinge to their aucthoritye, veiwed their pattent and ffound they exceeded in three poyntes, ffor where the pattent gyves vjte 1097 monethes libertye to the subiecte that hath anye aqua vita[e] to sell the same, this persone comes downe within two monethes1098 and takes bond of them to his owne use,1099 where he ought to bringe them before a justice of peace, and they1100 there to be bound in recognizance, and after to be returned into the Exchequer, and soe by usurpacion retayneth power in his owne handes to kyll and save. Thus her Majestie's commission beinge transgressed, both in zeale as a subiecte1101 and sworne servant to her Majestic I hould my selfe bound to / certifye the Howse therof, and also that this substitute standes indicted1102 as an obstinate recusante. Yea, when her Majestie's name hath bene spoken of, and her selfe prayed fFor, he hath refused eyther to stirre hatte or lippe. My humble mocion therfore is that we mighte use some caution or circumspectyve care to prevent this ensueinge mischeife.' Mr Francis Bacon said, 'The gentleman that laste spake costed soe ffor1103 and agaynste the bill that ffor my owne parte not well heareinge him I did not perfectlye understand him. I confesse the bill as yt is,1104 is in ffewe wordes, but yet ponderous and weightye. For the prerogatyve royall of the prynce, ffor my owne parte I ever allowed of yt, and it is sutch as I hope I shall never see discussed. The Queene as she is our sovereigne hath both an inlargeinge and restrayninge libertye1105 of her prerogatyve, that is, she hath power by her pattentes to sett at libertye thinges restrayned by statute lawe1106 otherwyse. Secondlye by her prerogatyve she maye restrayne thinges which be at libertye. For the ffirst, she maye graunte non obstantes contrarye to the penall lawes, which trulye in my owne conscience', (and soe strooke himselfe on the brest) 'are as hatefull to the subiecte as monoplies. For the second, yf any man out of his owne wytte, industrye or endevore / ffinde out any thinge beneficyall ffor the common wealth, or bringe any newe ynvention which every subiecte of this kingdome maye use, yett in regard of his paynes and travill therin her Majestic perhappes is pleased to graunte him a privelidge to use the same onlye to his use onlye by himselfe or his deputyes ffor a certeyne tyme. This is one kinde of monopolye. Some time ther is a glutt of thinges when they be in excessive quantitye, as perhappes of corne, and her Majestic gyves licence of transportacion to one man. This is another kinde of monopolye. Sometymes ther ys a scarsitye or a smale quantitye, and the like is graunted alsoe.1107 These and diverse of this nature have bene in tryall both in the Common Place1108 uppon accion of trns1109 where yf the judges doe ffinde the privelidge good and benificyall1110 for the common wealth they will then allowe yt, otherwyse dissalowe yt, and alsoe I knowe that her Majestie her selfe hath given comaundemente to her Atturnye Generall to bringe diverse of them since the laste Parleamente to tryall in her Exchequer; since which tyme at least xvene or xvjene of my knowledge have bene repealed, some by her Majestie's owne expresse comaundemente uppon complaynte made unto her by petition, and

Journals:Toumshend's journal, 27 October-ig December some by quonn wananto in the Exchequer. But, Mr Speaker', said he, poynteinge to the bill, 'this is noe stranger in this place, but a / straunger in this vestemente. The use hath bene ever by peticion to humble our selves unto her Majestic and by peticion desier to have our greyvancees redressed, especiallye when the remedye toucheth her soe nye in poynte of prerogatyve. All cannot be done at once. Neyther was it possible since the laste parleamente to repeale all. Yf her majestic make a pattent, or as we terme it a monopolye, unto anye of her servantes that must goe and wee crye out of yt. But yf she graunte it to a number of burgesses, or a corporacion, that must stand, and that forsooth is noe monopolye. I saye, and I saye agayne, that we ought not to deale or judge or meddle with her Majestie's prerogatyve. I wishe every man therfore to be carefull in this poynte, and humblie praye this Howse to testifye1112 with me that I have dischardged my dutye in respect of my place in speakeinge on1113 her Majestie's behalfe, and protest I have delivered my conscience in sayeinge that which I have sayde.' 1094. He may have had some legal background (Commons, sub Spicer, William). 1095. Stz: 'should (+ 813). 1096. From Cott. (+ Pet., Eg., Hay, Cam., FH, Gor.). 1097. Gor.: 'a' (+ 813, Cam., FH); Pet. omits and has a blank (+ Eg., Hay). 1098. Cam. omits 'within two monethes'. 1099. Ha2: 'house' (as an alteration from the original). noo. St2 omits (+ 813). noi. Pet. omits 'as a subiecte' (+Eg., Hay). 1102. Cott.: '. . . to certify this Howse of this substitute standes indyted'. 1103. St2: 'far' (+ 813). 1104. Ha2 omits 'I confesse the bill as it is'. 1105. FH: '. . . both a restrayning libertie . . .' (+ Cam.). 1106. Other MSS add 'or'. noy. FH: '. . . one kinde of monopoli. Sometimes there is a scarsitie or smale quantitie, as perhaps of corne, and her Majestic gives licence of transportacion to one man, this is another kind of monopoli. . .' (+ Cam.). 1108. Fuller, later arguing in Darcy's case, was only able to cite three patent cases from the reign, two of which were common law cases, the third being heard before the Privy Council, though other cases were cited concerning grants to show judges were not bound to construe in the

1109.

i no. mi. 1112. 1113.

Crown's favour (Price, pp. 17 and n.4, 18 and n.i, 23). M. B. Donald, Elizabethan Monopolies prints Fuller's argument, including the citation of Plowden's 1561 case that the 'common law has so admeasured the Kings' prerogative that they shall not take away nor prejudice the inheritance of any' (pp.232-8). LCJ Anderson of Common Pleas had also been told (in May 1601) to stop action in a case of trespass brought against Darcy for breaking into a house (APC, 1600-1, pp.346-8). See also E. P. Cheyney, History of England (1926), ii.285, 290, 29y, 300 for all this and comments on Bacon's speech as a whole, especially his 'disingenuous' exaggerations, and the view that there is no case recorded as being initiated by the law officers of the Crown. Cecil's contribution is also said to have rested on some doubtful constitutional history. Sic. Townshend's original caused problems to the copyists here. Only Ha2 and FH have 'trespasse', while Gor. has 'travers'; otherwise, the abbreviations 'trus', 'trns', 'trans' have been used, though Cott. has none of these, leaving a gap. FH: 'prejudicial!'. Cam.: 'suo' (+ FH). Eg. omits 'to testifye' (+ Hay). St2: 'of (+ Sts).

373

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374

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Doctor Bennett said, 'He that will goe aboute to debate her Majestie's prerogatyve royall had need walke warelye. In respecte of a greiviance out of that cittye for which I serve, I thincke my selfe bound1114 to speake that nowe which I had not intended to speake1115 before, I meane a monopolye of sake. It is an ould proverbe salin6 sapit omnia\ fryer and water are not more necessarye. But for other monopolyes of cardes', at which word Sir Walter Raleighe1117 blusht,1118 'dyce, starche1119 / and the rest, they are (because monopolyes) I must confesse very hatefull, thoughe not soe hurtfull. I knowe ther is a greate difference in them, and I thincke yf the abuse in1120 this monopolye of salte were particularized this would walke in the ffore rancke. Nowe seeinge wee are come to the meanes of redresse, lett us see that it be soe mannerlye and handsomelye handled that after a commitment yt maye have good passage.' Mr Lawrence Hyde said, 'I confesse, Mr Speaker, that I owe dutye to God and loyaltye to my prynce, and ffor the bill yt selfe I made yt, and I thincke I understand yt, and ffarre be it ffrom this harte of myne to thincke, this tounge to speake or this hand to wryte any thinge eyther in preiudice or derogation of her Majestie's prerogatyve royall and the State. But because yea shall knowe that this course is noe newe ynvention, but longe since digested in the age of our fforefathers above 300 years agoe, I will offer to your consideracions one1121 president in the 50 Edward 3,1122 what tyme one John Peache1123 was arraigned at this barre in Parleamente ffor that he had obteyned of the Kinge a monopolye of sweete wynes, the pattent after great advyse and dispute adiudged voyde and before his fface in open Parleamente cancelled / because he had exacted iijs iiijd ffor every tonne of wyne, himselfe adiudged to pryson untill he had made restitucon of all that ever he had receyved and not to be delivered till after a ffyne of 500" payde to the Kinge. This is a president worthie observacion, but I dare not presume to saye worthie the ffollowinge. And, Mr Speaker, as1124 I thincke it noe derogacion to the omnipotencye of God to saye he can1125 doe yll, soe I thincke yt noe1126 derogacion to the majestic or persone of the Queene to saye the like. Yett to speake1127 because1128 two eyes maye see more then one, I humblie praye that their maye be a committment had of this bill least some thinge maye be therin which maye prove the bane and overthrowe therof at the tyme of the passinge.' 'Mr Speaker', quoth Sergeant Harrys,1129 'ffor ought I see the Howse meaneth to have this bill in the nature of a peticion, it must then beginne with more humillitye, and truly Sir, the bill is good of it selfe, but the pennynge is somewhat out of course.' Mr Mountague1130 said, 'The matter is good and honest, and I like this manner of proceedinge by bill well enoughe in this matter, the greivancees are greate, and I would noate onlye but thus muche unto yow, that the laste parleament we proceeded by waye of peticion which had noe succesfull effect.' / Mr Francis Moore said, 'Mr Speaker, I knowe the Queene's prerogatyve is a thinge curyous to be dealt withall, yett all greivances are not comparable. I


375

cannot utter with my tounge or conceyve with my harte the greate greevances that the towne and countrye ffor which I serve suffereth by some of these monopolyes, it bringeth the general! profitt into a private hand and the end of all is beggerye and bondage to the subiecte. We have a lawe ffor the true and ffaythfull curryeinge of lether.1131 Ther is a pattent that settes all at libertye notwithstandinge that statute; and to what purpose is it to doe any thinge by acte of Parleamente when the Queene will undoe the same by her prerogatyve? Out of the spirritt of humillitye,1132 Mr Speaker, I doe speake it, there is noe acte of her[s] that hath bene or is more derogatorye to her owne majestic and more odious to the subiecte or1133 more dangerous to the commonwealth then the grauntinge of these1134 monopolyes.' Mr Martyn said, 'I doe speake ffor a towne that greyves and pynes, ffor a countrye that groneth and languisheth under the burthen of monstrous and unconscionable substitutes1135 to the monopolitanes of starche, tynne, ffyshe, clothe, oyle,1136 vineger, sake1137 and I knowe not what; naye what not?1138 The principallest commodityes both of my towne / and countrye are ingrossed into f.68 the handes of these bloodsuckers of the commonwealth. Yf a bodie, Mr Speaker, beinge lett bloode be lefte still languisheinge without any remedye, howe can the good estate of that bodye longe remayne? Sutch is the estate of my towne and countrye1139. The trafficque is taken awaye by warres,1140 the ynward and private commodityes dare not be used without lycence of these monopolitanes1141. Yf these bloodsuckers be still lett alone to sucke up the best and principallest commodityes which the earth1142 there1143 hath given us, what shal become of us ffrom whome the fruites uppon our owne soyle and the commodityes of our owne labor, which with the sweate of our browes, even 1114. Pet. omits (+ Eg., Hay). 1115. St2 omits 'to speake'; 813 omits 'that now . . . to speake'. 1116. Cott.: 'Sat'. Cf. Tilley, p.583, citing (John) Florio's Second Frutes (1591). 1117. Cott.: 'Sir John Radcliffe'. 1118. St2 omits 'at which word Sir Walter Raleighe blusht' (+813). 1119. FH: 'cardes'. 1120. Cam. omits 'the abuse in'. 1121. St2: 'in'. 1122. Donald, op.at, p.231, n.2y comments on this citation that 'the facts do not bear out all the statements then made'. See Rot. Pad., ii.328 for 50 Ed. III. 1123. Gor.: 'Peake'; Eg.: 'Peachy' (+ Hay). 1124. St2 omits (+ St3). 1125. Cott. inserts 'not'. 1126. Gor. omits 'to the omnipotencye . . . yt noe'. 1127. Cott.: 'Yet Mr Speaker' (+ other MSS, except St2, Stj).

1128. 1129. 1130. 1131.

1132. 1133. 1134. 1135. 1136. 1137. 1138. 1139. 1140. 1141. 1142. 1143.

St2 omits (+ St3). Cott. omits 'quoth Sergeant Harrys'. Presumably Henry, as at f.6o. 2 & 3 Ed. VI, c.9 (1548), continued by y Ed. VI, c.n (1552-3), and 5 Eliz., c.8 (1562-3) in SR, ^.49-51, 175-6, 429-36. Hay ends the previous sentence here. Pet.: 'of. St2 omits; St3: 'the'. Cam.: 'subiects' (+ FH). Cam.: 'tyle'. FH omits 'clothe, oyle' and 'sake', but has 'tynne' after 'starche'. FH omits; Ha7 omits 'naye, what not?' Ha2 omits 'and countrye'. Pet. omits 'by warres' (+ Eg., Hay). Cam.: 'monopolies' (+ FH). Eg. omits 'the earth' (+ Hay). St2: 'then' (+ St3).

376

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£69


upp to the knees1144 in myer and dyrte1145 we have labored ffor, shalbe taken by warrant of supreame aucthoritye, which the poore subiecte dares not gaynesaye?' Mr George Moore said, 'I make noe question but that this bill ofFerreth good matter, and I doe wishe that the matter maye be in some other sorte prosecuted and the bill reiected. Manye greevances have bene layde open touchinge the monopolye of sake, but yf yow adde therunto peeter then yow had hitt the greyfe arighte with which my countrye is perplexed. There be three persones, her Majestic, the pattentee, the subiecte: her Majestic / the head,1146 the pattentee the hand, the subiecte the ffoote. Nowe her is our case: the head gives power to the hand, the hand oppresseth the ffoote, the ffoote riseth agaynst the head. We knowe the power of her Majestic cannot be restrayned by any acte. Whie therfore should wee thus talke? Admitte we should make this statute with a non obstante, yett the Queene maye graunte a pattent with a non obstante to crosse this non obstante. I thincke therfore it agreeth more with the gravitye and wisdome1147 of this Howse to proceed with all humblenes by peticion then bill.' Mr Wingfeild1148 said, 'I would but put the Howse in mynde of the proceedinge we had in this matter the laste Parleamente, in the end wherof our Speaker moved her Majestic by waye of peticion that the greifes toucheinge those monopolyes might be respected, and the greevances comeinge of them might be redressed. Her Majestic answered by the Lord Keeper that she would take care of these monopolyes and our greifes should be redressed: yf not she would give us free libertye to proceed in makeinge a lawe the next Parleamente.1149 The greife, Mr Speaker, is still bleedinge and wee greive under the sore and are still without remedye. It was my happe the laste Parleamente to encounter with the worde prerogatyve.1150 But as then soe nowe I doe yt1151 with all humillitye and wishe all happines both unto yt and to her Majestic. I am indifferrent toucheinge our proceedinge eyther by bill or / peticion, [but I rather desyre by peticion]1152 because that therin our greevances maye followe wherby her Majestic maye speciallye understand them.' Sir Walter Raleighe said, 'I am urged to speake in two respectes. The one because I frynde my selfe touched in perticuler, the other in that I take some ymputacion and slander to be offerred to her Majestic. I meane by the gentleman that ffirst mencioned tynne', which was Mr Martyn, 'ffor that beinge one of the principal! comodityes of this kingdome and beinge in Cornewall1153 it hath ever (soe long as ther were any) belonged to the Dukes of Cornwall, and they had specyall pattentes of privelidge. It pleased her Majestic freelye to bestowe on me that privelidge and that pattent beinge word ffor word the very same the Duke's ys.1154 And because by reason of my offyce of Lord Warden of the Stanneryes I can sufficientlye informe this Howse of the state therof, I will make bould to deliver yt unto yow. When the tynne is taken out of the myne and moulten and refyned, then ys every peece conteyninge 100 weight sealed with the Duke's scale and by reason of his1155 privelidge (which I now have) he ever had the refusall in buyeinge1156 therof, ffor the


wordes of the pattent are "nisi nos emere volumus". Nowe I will tell yow that before the grauntinge of my pattent, whether tynne were but at xvijs and soe upwardes / to 50* a hundred, yett the poore worckman never had above ijs a weeke, ffindeinge himselfe. But since my pattent, whoesoever will worcke maye, and bee1157 tynne at what pryce soever, they have iiijs a weeke trulye payde. Ther is no poore that will worcke there but maye, and have that wages. Notwithstandinge, yf all others maye be repealed I will give my conscent as freelye to the cancelleinge of this as anye member of this Howse.' Sir Francis Hastinges said, 'It is a specyall honor1158 to this assembye to give ffreedome of speeche to all and howesoever some have bene hertofore troubled yett I joye to1159 see soe great reformacion that we maye speake quyetlye and be heard peaceablye. Every man hath not a like sence and judgment, neyther is every man's memorye alike. I wishe that yf any gentleman that speakes of this1160 or any other subiecte as curious shall lett ffall any worde amisse or unpleaseinge that it maye be attributed rayther to ernestnes1161 then wante of dutye.' This speeche proceeded in respecte of Sir Walter Raleighe's sharpe1162 speeche, as alsoe of greate silence after yt. Mr Snigge wishte a committment to devise a1163 course. Sir Roberte Wrothe1164 wishte a committment in which1165 a1166 course might be devised ho we her / Majestic might knowe our specyall greyfes. Mr Downald said, 'As I would be noe lett or over vehement in any thinge, soe I am not sottishe or sencelesse of the common greevance of the commonwealthe; yf we proceed by waye of peticion wee cane have noe more gratious answer then wee had the laste parleamente to our peticions. Since the parleamente wee have had noe reformacion. And the reason whie I thincke noe reformacion hath bene had, is because I never heard the crye agaynste monopolyes greater and more vehement.' Mr Johnson said, 'Mr Speaker, I'le be verye shorte. I saye onlye thus muche. I would we ware all soe happie that her Majestie's gratious selfe had heard but the fryfte parte of that that everye one of us hath heard this daye. I thincke 1144. Eg.: 'cares' (+ Hay). 1145. Cam. omits 'and dyrte'. 1146. St2 omits 'the pattentee, the subiecte: her Majestic the head' (+ 813). 1147. FH: 'modestie and gravitie'. 1148. See Commons sub Wingfield, Robert for role in November 1597. 1149. See Townshend's journal for 1597, £21. 1150. EP, 11.353 for Wingfield. 1151. St2 omits 'I doe yt' (+ St3); Ha2 omits 'yt'. 1152. From Cott. (+ Eg., Ha7, Pet.). 1153. Cam.: 'CronewalT. 1154. July, 1585 - see A. L. Rowse, Raleigh and the Throckmortons (1962), p. 142.

1155. St2: 'my' (+ 813). 1156. Pet. omits '(which I nowe . . . in buyeinge' (+ Eg., Ha7). 1157. Eg.: 'buy' (+ Pet., Ha7). 1158. Ha7: 'favour'. 1159. St2 omits joye to' (+ 813). 1160. St2 omits 'of this' (+ 813). 1161. Cott.: 'hastines' (+ Cam.). 1162. Pet. omits (+ Eg., Ha7, FH, Cam. Gor.). 1163. St2 omits. 1164. Cam.: 'Worth'. 1165. Cott.: 'such'. 1166. St2 omits.

377

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£70

378


verelye in my soule and conscience wee should not be more desirous in haveinge1167 these monopolyes caled in then she would be erneste therin herselfe.' Soe it was put to the question when the committment should be, and agreed tomorrowe, beinge Saterdaye in the afternoone1168 in this Howse. 21 November, Satordaye1169 An acte ffor explanacion of the statute made the xxjth of Henry 8, ca. [blank] toucheinge loadinge and unloadinge of marchandizees; the ffirste tyme of readinge.1170 v. An acte for the reduceinge of those which be / brewers within the Cittye and suburbes of London, and within two myles' compasse of the same into the said1171 companye of the said Cittye. An acte to enhable Sir Anthonye Mayneye knight and Anthonye Mayney esquyer his sonne to make sale of certayne lands of John Mayney his father deceased; the first tyme of readinge. An acte for the levyeinge of ffynes with proclamacion of landes1172 within the countie of the Cittye of Chester, put in xvjth of November1173 1601. The substance of the bill is that ffynes levyed before the Mayor at the portmoote courte should be avayleable1174 and that comissioners1175 of ffynes maye take1176 by dedimus potestatem, vide 2 Edward 6,1177 cap. [blank],1178 et xxjrie Henry 7, ca. [blank].1179 An acte ffbr ffynes with proclamacion within the countie of Chester.1180 Mr Wingefeild brought in the bill for drayned1181 growndes. Sir Edward Hobbie said, 'A gentleman, a good member of this Howse, Sir John Graye,1182 was served with a subpena into the Chauncerye ad respondendum xxxth November1183 ad sectam Roberti Atkins; yf noe order be taken herin, ffor my owne parte I thincke that both the Howse and the privelidges therof will growe in contempte. I wishe the Sergeant maye be sent ffbr the [partie]1184 and that some examplarye punishmente maye be shewed.'1185 / £.71 Mr Dale1186 said, 'Mr Speaker, wee spend muche tyme which nowe is pretious in disputeinge of privelidges and other matters of smale ymportance. For my owne parte I thincke noe tyme should be spente herin but that a wrytte of privelidge maye be graunted.' Mr Johnson said, 'Mr Speaker, our owne lenitye is the cause of this contempte and till some specyall punishment be shewed1187 I thincke it will not be otherwyse.' Mr Francis Moore brought in the acte touchinge Sir Edward Senior knight. An acte to avoyde the deceiptefull stretchinge or1188 tenteringe of wollen clothes committed to the ffbrmer committies of wollen clothes. Sir Edward Senior's bill was put to the question and ordered to be yngrossed. An acte ffbr the errecteinge and makeinge an harboroughe or key on the north parte of Devon in the mouthe of the ryver of Severne.


Mr Zacharias Locke said, 'Mr Speaker, I am not agaynste this bill, it is a comendable peece of worcke. But, Mr Speaker, me thinckes the bill yeildeth as greate scope of ffisheinge into the sea, which howe preiudicyall it maye be to the offyce of the Lorde Admyrall and to his successors, or to the royaltie1189 of any other I knowe not. Therfore that the bill maye / have the saffer passage I wishe yt maye be considered of at a committment.' An acte ffor the assuraunce of a joynture to Lucye, Countesse of Bedford, committed to the Exchequer Chamber1190 to be sett uppon on Wednesdaye at two of the clocke.1191 An acte ffor observacion of certeyne orders in the Exchequer sett downe under her Majestie's privye scale. The bill to enhable Mr Edward Markham to dispose of his landes wherof he is tennante in tayle as other tennantes in tayle by the lawes and statutes of this realme maye doe. The question uppon the Chequer bill grewe whether before committment the counsell of the clarckes of Mr Osborne's office should be had in respect1192 Mr Wingefeild moved that the ould officers might be heard by their counsell. Mr1193 Bacon said, 'I did rayther yeildinglye accepte then fforwardlye ymbrace this labour imposed uppon me. I wishe the counsell maye be heard because wee shall have the more tyme of consideracion what to doe; there is nothing soe greate an ympedimente to certeyntie of prevayleinge as haste and ernestnes of prosecuteinge. I therfore thincke it fitte they might have tyme assigned them to proceed by counsell.' / 1167. 1168. 1169. 1170.

1171. 1172. 1173. 1174. 1175. 1176. 1177. 1178. 1179.

Cott. omits 'in haveinge'. Cam.: 'forenoone' (+ FH). Hay: 'Sunday'. 21 Hen. VIII, c.i8 (1529) in SR, 111.302-3 concerned Newcastle and shipping of merchandise. Cott. omits. St2 omits 'of John Mayney . . . proclamacion of landes'. Cott.: 'February'. Cott. omits 'should be avaleable'; Ha2 omits 'avayleable'. Ha2: 'conusers' (?) (+ Pet., Eg., Ha7); Cam.: 'cognisances'. FH: 'cognizances of fynes may be taken' (+ Gor.). Cott.: '3'. 2 & 3 Ed.: VI, c.28 (1548) in SR, iv.7i. The regnal year is clearly wrong here, and the reference is not readily traceable. This bill, which became 43 Eliz., c.i5 (SR, iv.982-3) refers only to the Edwardian act.

1180. 1181. 1182. 1183. 1184. 1185.

1186. 1187. 1188. 1189. 1190. 1191. 1192.

1193.

Cam. omits this entry. Cott.: 'drowned'. St2: 'Caray'. Cott.: 'Februaris'. From other MSS. FH: 'I wish the partie that served the subpena and the partie at whose suite it was served may be sent for and that the serieant of this Howse may fetch them that some examplarie punishment may be inflicted'. Ha7: 'Dally'; Eg.: 'Dalle' (+ Pet.). FH: 'inflicted'. St2: 'of; 813: '. . . of tenters of. . .'. Ha7: 'deputy'. FH omits the rest of the sentence. Cott.: '. . . Chamber 2 article (?) Wednsday . . .'. MSS other than Rawl., St2, Cott. end the sentence here, and Gor., Cam. and FH omit 'in respect'; St2, St3, Ha2, Cam., FH, Gor. have 'heard' rather than 'had'. FH: 'Sir Francis'.

379

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380


£72

Mr Martyn said, 'Mr Speaker, here is a newe bill spronge out of the ould: yt hath a smothe fface, and I thincke the ynward parte of the bill answerable to the exterior1194 shewe. I am utterlye agaynste that they should have counsell, they have had tyme enoughe alreadye to consider of yt. Yf their counsell be no we without, it were good1195 we heard them; yf not, I hould it beste to proceed to the question.' Then the Howse cryed, 'To the question ffor committment', and committed; it was agreed they should have their [counsell].1196 Then the question was when the committment should be, some said this afternoone, others Moundaye. But beinge put to the question the Howse was devided, and the I, I, I were 98, the Noes 181, soe Moundaye was agreed, in the afternoone. At the committment in the afternoone touchinge the monopolies. 1197

v.

f.73

Sir Edward Stanhopp1198 informed the Howse of the greate abuse by the pattentee ffor sake in his countrye that betwixt Michelmas and Ste Andrewe's tyde, where sake was wonte before the pattent to be sould for xvjd a bushell it is nowe sould for xiiij and xvs1199 a bushell. But after the Lorde President1200 had understandinge therof he comitted / the pattentee and caused it to be sould for xvjd as afore. This pattent was graunted to Sir Thomas Wilkes1201 and after to one Smyth. To Lynne1202 ther is brought every yeare1203 3000 weye of sake, and everye weye1204 is since this pattent enhensed1205 xxs and where the bushell was wonte to be viijd it is now xvjd.1206 'And I dare bouldlye saye it, yf this pattent were called in there might well 3000'' a yeare be saved in the portes of Lynne, Boston, and Hull. I speake of white sake.' Mr Francis Bacon said, 'The bill is very iniuryous and ridiculous. Iniuryous in that yt taketh or reyther sweepeth awaye her Majestie's prerogatyve, and ridiculous in that there is a provisoe that this statute should not extende to grauntes made to corporacions, that is a gull1207 to sweeten the bill withall; it is onlye to make ffooles ffayne.1208 All men of the lawe1209 knowe that a bill which is onlye expositorye1210 to expound the common lawe dothe enacte nothinge, neyther is any provisoe good therin, and therfore the provisoe in the statute of 34 Henry 8 of wills (which is but a statute expositorye of the1211 statute of 32 Henry 8 of willes)1212 toucheinge Sir John Gaynsforde's will was adiudged voyde. Therfore I thincke the bill unfitt, and our proceedeinges to be by petition.'1213 Mr Sollicker Flemminge said, 'I will breifelye / give yow accounte of all thinges toucheinge these monopolyes. Her Majestic in her provident care gave chardge to Mr Atturnye and my selfe that speedye and specyall order maye be taken ffor these pattentes; this was in the begininge of Hillarye1214 terme laste. But yow all knowe the daunger of that tyme and what greate affayers of ymportance happened to prevent these businesses. Since that, nought could be done therin ffor wante of leysure', etc. Sir Roberte Wrothe1215 said, 'I would but noate, Mr Sollicker, that yow were chardged to take order in Hillarye terme laste; whie not before? Ther was tyme enought ever since the laste parleamente. I speake it, and I speake it


381

bouldlye, these pattentes are worse then ever they were. And I have heard a gentleman affirme in this Howse that ther is a clawse of revocacion in these pattentes;1216 yf soe, what needed this stirre of scire facias, quo warranto and I knowe not what, when it is but to send ffor the pattentes1217 and cause a redeliverye? There have bene divers pattentes graunted since the laste parleamente. These are nowe in beinge (viz.): the pattentes for currantes, iron, powder, cardes, home, oxe shinbones, trayne oyle, lystes of clothe, ashes, bottles, glasses, bagges,1218 shreades of gloves, anneseed, vineger, sea coles, steele, aquavita[e], brushes, pottes, / sake, saltepeeter, leade, accedences,1219 v. oyle,1220 transportacion of lether, callaminte stones,1221 oyle of blubber,1222 ffumathes1223 or1224 dryed pilchers1225 in the smoake, and divers others.' Uppon readinge of the pattentes aforesaid, Mr Hackwell of Lincolne's Inne stood up and asked this: 'Ys not bread ther?'. 'Bread', quoth one; 'Bread', quoth another; 'This voyce seemes straunge', quothe a third. 'Noe', quothe Mr Hackwell,1226 'ffor yf order be not taken ffor these,1227 bread wilbe there before the next parleamente.' I (viz.) Heyward Townesend of Lincolne's Inne said seeinge the disagreemente of the committie1228 and that they could agree uppon nothinge, made a mocion to this effecte: ffirst, to putt them in mynde of a peticion made the laste parleamente, which thoughe yt tooke noe effecte, yett we should muche wronge her Majestic and fforgett our selves1229 yf we should thincke to speed noe better1230 in the like case nowe because ther was a committment ffor 1194. 1195. 1196. 1197. 1198. 1199. 1200. 1201. 1202. 1203. 1204. 1205. 1206. 1207. 1208. 1209. 1210.

St2: 'exterious'. Cott.: 'gone'. From other MSS. MSS other than Rawl., St2, St3, Ha2 omit 'touchinge the monopolies'. D'Ewes, p.647 has Hoby speaking at this point. FH: 'i8 d and 2s'; Cam.: '18 and 2Od'. Thomas, Lord Burghley was president from 1599. Thomas Wilkes had been granted a 21 year monopoly in 1585 (Commons). Eg.: 'Lyme' (and below, + Ha7); Cam.: 'Limge'? St2 adds 'above' (+ Sts). St3: 'weight'. Cott. omits 'since this pattent enhensed'. St2: 'xijd>. St2: 'bill' (+ 813). Gor.: 'fawne'. Cam. omits 'of the lawe' (+ FH). St2: '. . . that it is not onelie expostulatorie . . .'; Cam.: '. . . a bill is expository to expound(?) . . .' (+ FH).

1211. St2 omits 'statute expositorye of the' (+ St3). 1212. 34 & 35 Hen. VIII, c.5 (1542-3); 32 Hen. VIII, c.i (1540) in SR, iv.744-6, 901-4. 1213. St2: '. . . to be peticioned' (+ St3). 1214. St2: 'Michaellmas'. 1215. Cam.: 'Worth'. 1216. Cam.: 'warrants' (+ FH). 1217. St2: 'patentees' (+ Pet., Eg., Hay). 1218. Cott. (correctly?): 'raggs'. 1219. FH omits; Cam.: 'alcedences'. 1220. FH 'tyle'. 1221. St2: 'calamit', Ha2: 'calamite', i.e. a mineral; QED has no example of 'callamint stones'. St2 also adds: 'stone' to the list here (+ Stj). 1222. St2: 'alciber'. 1223. Hay: 'funrathes' (?). 1224. Cam. omits. 1225. St2: 'practises'. 1226. FH: 'Harris' (+ Gor., Cam.). 1227. Ha2: 'thrift'. 1228. Ha7: 'Commons'. 1229. FH omits 'and fTorget ourselves'. 1230. FH: '. . . spend the time noe better'.

382

£74

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this purpose, and the committies drewe a speeche which was delivered by the Speaker word for worde at the end of the parleamente.1231 But nowe wee might helpe1232 that by sendinge our Speaker presentlye after suche a committie and speeche made with humble suite, not onlye to repeale all monopolyes greevyous to the subiectes, but alsoe that it would please her Majestic to give us leave to make an acte / that they might be of noe more fforce, valliditye, or effecte then they are at the common lawe without the strenght of her prerogative; which thoughe we might nowe doe and the acte beinge soe reasonable we did assuer ourselves her Majestic would not denye the passage therof, yett we her loveinge subiectes, etc. would not offer without her privitye or consent (the cause soe neerlye toucheinge her prerogatyve) or goe aboute to doe any sutch acte. And alsoe that at the committie which1233 should make this speeche every member of this Howse which ffound eyther himselfe, his towne, or countrye greeved might put1234 in ffayer wryteinge suche exceptions and monopolyes1235 as he would iustifye to be true, and that the Speaker might deliver them with his owne handes because manye obstacles and hinderances might happen.' Mr Francis Bacon said, after a longe speeche he concluded thus in the end, 'Whie, yow have the reddiest course that possible can be devised. I would wishe noe ffurther order to be taken but to preferre1236 the wyse and discreet speeche made by the younge gentleman, even the youngest1237 in this assemblye that last spake. I'le tell yow that even ex ore infantium*23S et lactantiumu39 the true and moste certeyne course is propounded unto us.' Soe the Howse for ought I knowe to the contrarye agreed therto and appoynted to meete on Mondaye in the after noone, at which tyme all the aforesaid matters paste.1240 / 22 November Sondaye 23 November Mondaye1241 An acte to restrayne the abuse in taynter[s] and other abusees in clotheinge. The bill of hospitalls was this daye read.1242 An acte ffor drayneinge1243 of growndes and ffennes preferred by Mr Wingefeild. The bill ffor Mr Marckham1244 brought in by Mr Simnell,1245 and ffor as muche as the purporte of the bill seemed to the committies to be dangerous to the disinherison of the children of the ffirst wyfe of the said Mr Marckham, therfore the committies thought the bill both in equitye and conscience unfitt to be passed and without amendment have resent it to the Howse.1246 The acte ffor the enhableinge of Anthonye Mayney esquier to sell his landes, etc. this daye ordered to be committed. Ther was a gentleman which satte by me which shewed me a paper in which was conteyned the discommodityes of divers pattentes called monopolyes. First, of steele, where it hath bene sould to Mr Roland Heyward of London in fformer tyme for xif xs the barrell [and 23" the fagitt, now the barell]1247 is sold ffor xix11 and the ffaggott ffor xls; besides, it is mixte and worse


then the steele in fformer tymes.1248 And where it hath bene but at ijd ob the pownd before the pattent, it is nowe at vd the pownd; and where 2,ooo1249 poore people were meyntayned by worckinge of steele and edgtooles and might well lyve1250 by worckeinge therof at ijd ob the / pound, they are not nowe able by reasone therof to worcke but nowe manye1251 goe a begginge because it hath alsoe lesse weight, to the utter undoeinge of all edgtoole makers. Of starche; where other countryes have heretofore spent their ffewell in makeinge of it and wee had it then at xviij5 the hundred weight, and her Majestic receyved greate custome1252 therby, nowe doe we spend ffewell extraordinarelye1253 in makeinge therof which might welbe spared, and it is at 5OS and 56* the hundred, and her Majestic hath greate losse of her custome by makeinge it within the realme.1254 Playeinge cardes: every subiecte made them before the pattent that would, which was a greate helpe to those that have bene brought up in the trade, and 1231. See EP, 11.365 and 1597-8, Lords 5. 1232. Ha2: 'hope' written above 'helpe' crossed out. 1233. Ha2: 'wee'. 1234. St2 omits. 1235. Sic (+ other MSS except Cott., correctly (?)): 'complaintes'. 1236. St2: 'preserve' (+ 813). 1237. Cf. Commons sub Townshend, Hayward. 1238. St2: ''inifantium'. 1239. Ps. 8.2. 1240. Sic and in other MSS, except Cott., which places everything from Townshend's speech to this point at the end of the morning's business on 23 November. Against the last paragraph is noted in another contemporary hand 'come appiert devanf; and the copyist ackowledges the misplacement of the material by starting Townshend's speech 'I made a mocion of Satterday last. . .', thus incidentally omitting its specific attribution to Townshend. Twysden (Stowe 359, fos.24-v) reports that other 'memorials' show there was much debate on how to proceed on monopolies, that is by bill or by petition. The Townshend journal is summarized at this point, including Townshend's own speech, and in conclusion Twysden says the matter 'was referd to a committee to consider of this afternoon.' He also notes

1241. 1242. 1243. 1244.

1245. 1246. 1247. 1248.

1249. 1250. 1251. 1252. 1253. 1254.

(f.284v) that Mr Davies cited a precedent of 27 Ed. 3 for sweet wines. Cecil 'advysed a waryness in the proceeding of the Howse beecause many would be caryed away if it should bee but heard the Howse called her Majestie's prerogative in question.' Cam.: 'Sundaie' (omitting previous line). Ha7: 'ready'. Cam.: 'detaining' (+ FH). Cam.: 'Barkeham'; the 'M' of the word in FH is a correction in another hand. St2: ' SinnelT. FH: '. . . conscience and without amendment refused it'. From Cott. (+ FH, Gor., Cam., Pet., Eg, Ha7). Cam.: '. . . and is not as it hath beene'; FH: '. . . and is not soe good as it hath bin'. Ha2: '1000'. FH: 'live well'. Cam.: 'may'. FH: 'profitt'. Cam.: 'extraordinarie'. See Cheyney, op. tit., pp.291-2 on cases before the Privy Council, citing CSPD 1581-90, p.634; but see also APC 1596-7, PP434, 450, 464, 465, 502; APC 1597, p.95; APC, 1598-9, P-433-

383

f-75

384

v.

£76

The Tenth Parliament: 2j October-19 December 1601

where in fformer tymes they were sould at xxd the dozen, nowe they are at iijs and1255 iijs ijd. Before, every subiecte might see what he bought and make choyse to his likeinge, nowe they are sealed and noe man can see what he buyes. Besides, the deputye and substitutes of these pattentees will serche howses by fforce of lettres of assistance of the lordes of the Privye Counsell under colour of cardes beinge there, and yf they ffind a payer or two, they will carrye them by some pursevante 50 myles or more, and threaten them with ymprisonmente1256 yf they will not release themselves by a ransome of monye.1257 Stone pottes,1258 bottles, heath brushes, are dowble and1259 treble the pryce they were at before the pattentee.1260 / Glasses, where before they were had beyound the seas and very cheape, which1261 muche saveinge of woode therby, they are nowe risen ffrom xvjd1262 to vs the dozen, and ffrom iijs iiijd to ixs,1263 besides the losse of the custome to her Majestic and expence of a 1000 of billettes every1264 xxiiijie howers. This pattent1265 is a greate discouragement to the maysters of shippes, because the substitutes of the pattentee will ymprison them untill they wilbe come bound to bringe noe glasses ffrom beyond the sea. Besides, ther is a contynuall spoyle of woodes in Sussex and elswhere by glassemakeinge. Beererger,1266 aquavita[e], viniger,1267 be it never soe bad, yf the pattentee have his ymposicion yt passeth ffor good. The like for seacoales, salte, ordinance, tynne, lether and wynes. An acte ffor the true makeinge of clothe. After it was once read, one stood up and said, 'Mr Speaker, I thincke this bill both ydle and iniuryous: ydle in that a nomber of bills are to the same effect alreadye, iniuryous in that it layeth a greater taxe uppon every peece of clothe then her Majestie's custome desireth. We are all heere1268 like phisicians whoe, when they are to minister phisicke to the sicke patient and have manye simples before them, be distracte and make a mixtuer of soe manye that they kill the patient. Soe we, Mr Speaker, yf by good providence we looke not to yt, shall not redresse the wayneinge1269 and1270 deceiptfull estate of clotheinge yf we doe not at a committment carefulye consider of all / the bills. There are nowe ffyve of these bills toucheinge clotheinge and I praye that this maye alsoe be committed with the rest to the fformer committies to consider of.' The bill of monopolyes was read, to which Mr Spicer spake and said, 'Mr Speaker, I thincke it good this bill were committed. I am noe apostata, but I sticke to the fformer ffayth and uppon1271 that I was of, that by waye of peticion wilbe our safest course, ffor it is to noe purpose to offer to tye1272 her handes by acte of Parleamente when she maye loose her selfe at her pleasuer. I thincke it were a course nee gratum nee tutum: and therfore the beste waye to have a committie to consider what course shalbe proceeded in, ffor I dowbte not but we be all agreed of the reformacion, thoughe not of the manner.' Mr Davyes said, 'God hath given that1273 power to absolute prynces which he attributeth to himselfe, "dixi quod dii1274 esfr's",1275 and as1276 attributes unto them he hath given maiestie, justice and mercye. Maiestie in respect of the


honor that the subiecte oweth to his prynce; justice in respecte he can doe noe wronge, therfore the lawe is i Henry 7 that the kinge cannot committe a desseizen;1277 mercie in respect he giveth1278 leave to subiectes to right themselves by lawe, and therfore in the 431279 Assize an indictment was brought agaynste bakers and brewers ffor that by color of lycence they had broken the assize. Wherfore, accordinge to that1280 president I / thincke it most fitte to proceed by bill and not by peticion.'1281 Mr Secretarye Cecill said, 'Yf there had not bene eyther some mistakeinge or some confusion1282 in the committie I would not have no we spoken. The question was of the moste convenyent waye to reforme these greivances of monopolyes. But after disputacion of that labor we have not receyved1283 the expected ffruite. Yf every man should take leave to speake ffor the common subiecte I am afrayde in these vaste powers of our mynde wee shall dispute the proiecte and reformacion quyte out of doores. This dispute drawes two greate thinges in question, ffirst the prynce's power, secondlye the freedome of Englishmen. I am borne an Englishman and am a fellowe member of this Howse, I would desier to lyve noe daye in which I should detracte ffrom1284 eyther. I am servante unto the Queene and before I would speake or give consent to a case that1285 should debase her prerogative or abridge it, I would wishe my tounge cutt out of my head. I am suer there were lawemakers before their Lawes.1286 One1287 gentleman went aboute to possesse us with the 1255. Cam. omits 'iijs and' (+ Ha2). 1256. St2 omits '50 myles . . . ymprisonmente'. 1257. APC 1600-1, p.346 concerns the Common Pleas case the Privy Council tried to stop; it arose from Darcy's having ordered the seizure of playing cards from Thomas Turner's London house (May 1601). 1258. St2: 'some potts' (+ St3, Ha2). 1259. FH omits 'dowble and'. 1260. Sic. St2: 'pattente' (+ other MSS). 1261. Sic. other MSS: 'with'. 1262. FH: 'xvijd> (+ Cam.). 1263. FH: 'i9s'. 1264. Cam.: 'ever'. 1265. St2: 'statute' (+ St3). 1266. FH: 'beere, eggs'; Gor.: 'beere eger' (+ Pet., Eg., Hay); Cam.: 'beere egres' (?). 1267. St3 omits. 1268. St3 omits 'we are all heere'. 1269. Eg.: 'waving' (+ Hay, Pet., Cam.). 1270. FH omits 'wayneinge and' (+ Gor.). 1271. Cott.: 'opinion' (+ Eg., Ha7, Pet.). 1272. St2 omits (+ St3). 1273. St2 omits; 813: 'to'. 1274. Cam.: 'pii'.

1275. ? Gen. 3.5. 1276. FH omits (+ Cam., Gor.). 1277. Cf. F. Pollock and F. W. Maitland, The History of English Law (2nd edn., 1923), i.511-26 for the King's position generally, and esp.5i5-i8 for Bracton and no writs to run against the King. Cf. also i Hen. IV, c.8 (1399) in SR, ii.H4 (for the reference to Henry VII?). 1278. St2: 'giveing'. 1279. St2: '34'. See below, f.ySv. 1280. St2: 'the' (+ Sts). 1281. Cott.: '. . . bill etc.' 1282. St2: 'confutacion'. 1283. Cam.: 'conceived' (+ FH). 1284. St2 omits. 1285. St2 adds: T (+ 813). 1286. St2: 'before there were lawes' (+ other MSS). I28y. St2: 'Our'. It is at this point that Cheyney, op. cit., p.300 alludes to Cecil's 'pretty bad constitutional history'. The quotation from Bracton is cited by Holdsworth (iv.2O9, n.2), though the Bracton source itself is not located, and Holdsworth does not offer a comment.

385

v.

386

f.77

v.

£78

The Tenth Parliament: 27 October-ig December 1601 execucion of the lawe in an auncyent record of the 5o1288 Edward 3, likelye enoughe to be true in that tyme, when the Kinge was afrayde of the subiecte; thoughe this present1289 be a substance yett it is not the whole substance of the parleamente / ffor in fformer tymes all satte together, aswell kinge as subiecte, and then it was noe preiudyce to his prerogatyve to have suche a monopolye examined. Yf yow stand uppon lawe and dispute of the prerogatyve, hearke yee what Bracton sayth: 'Prerogativam1290 nostrum nemo audeat1291 disputare', etc. For my owne parte I like not these courses should be taken; and yow, Mr Speaker, should performe the chardge her Majestic gave unto yow in the begininge of this parleamente not to receyve bills of this nature. For her Majestie's eares be open to all our greivancees, and her handes stretched out to everye man's peticions. For the matter of accesse I like it well soe it be ffirst moved and the waye prepared. I had rayther that all the pattentes were burnte then that her Majestic should loose the heartes of soe manye subiectes as is pretended. I will tell yow what I thincke of these monopolyes. I take them to be of three natures, some of a ffree nature and good, some voyde of themselves, some both good and voyde. For the ffirst, ffor the prince to dispence with a penall lawe that is lefte to the alteracion1292 of sovereigntye, I meane powerfull and yrrevocable. For the second, as to graunte that which taketh frrom the1293 subiecte his birthright, and1294 suche men as desyer these kinde of pattentes, I counte them misdoers, and wilfull and wicked offenders. For the third, as the lycence ffor the matter of cardes, etc.1295 And therfore I thincke yt / were verye ffitt to have a newe committment to consider what her Majestic maye graunte, what not, what course wee shall take and uppon what poyntes,' etc. Mr Doctor Stanhoppe and Doctor Hone1296 were sent ffrom the Lordes with a bill entitled, 'An acte ffor the uniteinge of Eye and Dunsden1297 to the manner of Sonninge'. Mr Mountague: 'I am loath to speake what I knowe least perhappes I should displease. The prerogatyve royall is that which is no we in question, and which the lawes of the lande have ever allowed and mayneteyned. Then my mocion shalbe but this, that wee maye be suitors to her Majestic that the pattentes1298 shall have no other remedyes then by the lawes of the realme they maye have, and that our acte maye be accordinglye.'1299 Mr Martyn said, 'I thincke the common greivance and the Queene's prerogatyve have soe inspired this gentleman that laste spake, whome ffor reverence sake I must needes name, Mr Mountague, to make that mocion which he hath done; and because the Howse seemes greatlye to applaud it maye it please yow, Mr Speaker, to put it to the question whether that shallbe determyned of at the committie.' Soe it was agayne committed to the afternoone and agreed that aswell that as Mr Secretarye's mocion should be determyned uppon / by the said committie. Mr Francis More brought in a newe acte againste pluralityes of benificees with the same tytle to the fformer.1300


At the committment1301 in the afternoone touchinge monopolies. A gentleman shewed me a noate of certeyne monopolyes and to whome they were graunted, viz.:1302 To Sir Henery Nevell the pattent ffor ordinance. [To Sir Jerome Bowes the pattent for glasses.]1303 To Symon Furner the pattent ffor listes, shreddes and homes to be transported.1304 To Henery Noell the pattent of stone pottes and bottles.1305 To Bryan Annsley the pattent of steele. To Elizabeth Matynes1306 the pattent ffor oyle of1307 bloubbers. To Richard Drake1308 the pattent of aqua composita et aqua vita[e\. 1288. FH: '5° or y°' (+ Eg., Hay, Pet., Cam.); Cott.: '50 or y'; Cam. has '£3' corrected from 'Hj' (?). 1289. St2: 'president' (+ Stj, Ha2, Cott.); FH: 'presence' (+ Gor., Eg., Hay, Pet., Cam.). 1290. St2: 'pmogativiam'; Stj: 'prerogatinam'. 1291. Cam.: 'audiat' (+ FH); Cott.: 'audef; 813: ldebet'. 1292. Cam.: 'tolleration'; FH: '. . . with aparrell lawe hath left it to the tolleracion of. . .'. 1293. St2: 'his'. 1294. St2: 'but' (+ St3). 1295. FH: '. . . cardes it is void and unnecessarie 1296. St2: 'Hove'. 1297. FH: '. . . of certen persons there named to . . .'. 1298. Sic (+ Cam., FH, Gor., Ha2); Eg.: 'parliament' (+ Pet., Hay); St2: 'pattentees' (+ St3, Cott.). 1299. Twysden (Stowe 359, fos.284-5v) summarizes the debate on monopolies, and includes the list of monopolies, purportedly from Cecil's list, though in fact also from that shown to Townshend earlier by 'a gentleman': it also omits the incomplete entries. Montague's speech, however, seems to be drawn from Twysden's diary: he showed the House was 'far drawne from the questyon and none had yet told what should bee conteyned in the bill or petition, neyther did hee think that any way did this touch the prerogative because there is no rule of prerogative but the lawes of the land. And that pronounced by the judges

1300. 1301. 1302.

1303. 1304. 1305. 1306. 1307. 1308.

that law and prerogative are one and the same thing, that a graunt to the hurt of the subject is voyde. That in a penall lawe the Queene may dispense with the penalty but not alter the law, which cannot bee but by act of Parliament. That he thought of a remedy which did [not?] at all towch the prerogative, viz. that no patentees have remedy for anything done agaynst his patent but by the lawes of the realm, nor execute his patent but according to them.' See above, fos.40, 49v. FH: 'appointment'. D'Ewes, p.650 prints a list which is a composite version of Townshend's two lists, i.e. this one, and Cecil's which follows. The grants which lack names of grantees are designated 'divers others of no great moment' and not included. Price also prints D'Ewes' list (pp. 152-3), though altering some of D'Ewes' spellings. Many of the dates of grants are supplied in Price, pp. 142-4, 145, 146, 147. From Cott.; St2, St3, Ha2 also omit this entry. See CSPD 159^-4, p. 179. FH omits 'to be transported'; St3 adds 'to [blank]'. See APC 1591-2, pp.483-4. APC 1598-9, p.688 refers to the grant. Sic. cf f.79v where name appears correctly as 'Matthews'. See Hulme, p.48; CSPD 1591-4, P-5I3St2 omits 'oyle of. Gor.: 'Duke'. APC 1596-7, pp.486-y refers to the grant.

387

388


To Michael Stanhoppe the pattent ffor Spanishe wolles.1309 To Thomas Cornwalleys1310 a lycence to kepe unlawful! games.1311 To Mr Carre1312 a pattent ffor breweinge of beere to be transported. To John Spilman1313 a patent to make paper. To Edward Darcye a pattent ffor cardes.1314 To Sir John Packington a pattent ffor starche.1315 / v. To Sir .Walter Raleighe a pattent ffor wynes.1316 A pattent ffor bottles was latelye made voyde by a judgment in the Exchequer. Mr Davys moved the Howse, frirst, that he ffor his parte, thought the proceedinge by bill to be moste convenyent, ffor the president in the 7 Edward 31317 warranteth the same, 'and therfore lett us doe generouslye and bravelye like Parleament men and our selves send ffor them, cancell their pattentes before their ffaces, arraynge them as in tymes paste at this barre, and send them to the Tower, ther to remayne tyll they have made a good fryne to the Queene and made some parte of restitucion to some of the poorest that have bene opprest1318 by them'; at which all laughed. Mr Martyn after a longe speeche made toucheinge these monopolyes he thus concluded: 'And therfore the gentleman that last spake', meaneinge Mr John Davys, 'spake most honestlye, learnedlye and stoutelye, yet thus much I muste needes saye, his zeale hath masked1319 his reason, and that I thincke was the cause of his ffervent mocion, which I desier maye be cooled with a peticion in moste dutifull manner and humblest termes moste fittinge to the majestic of the Queene and the gravitye of this Howse. Soe I dowbte not but our accions will have prosperous and succesfull event.' / £79 Mr Secretarye Cecyll read a 3 or 4 sheetes of paper openye of all pattentes graunted since the xvjth Elizabeth; and ffirste he read in the xvijth Elizabeth a pattent to Roberte Sharpe1320 to make spangells and owes1321 of gould. xviij* Elizabeth1322 to Sir Edward1323 Dyer to pardon, dispence and release all fforfeitures and abuses committed by tanners contrarye to the statute, etc.1324 xixth Elizabeth to William Waade, esquyer and Henery [blank]1325 the makeinge of sulphur, brimstone and oyle. To James Chambers a license ffor tanninge contrarye to the statute. xxxth Elizabeth to Sir Walter Raleighe tonnage and poundage1326 of wynes.1327 To John Ashley and Thomas [blank] ffor benefitt of fforfeiture of buyeinge of S.1328 To William Watkyns1329 and James Robartes to prynte almanackes. To [blank] to prynte the Psalmes1330 of David.1331 To [blank] Kirke and William Carter1332 to take benifitt ffor soweinge of flaxe and hempe.1333 To Richard Welche to prynte the Historye of Cornelius Tacitus. To [blank] to transporte iron and tynne.1334

Journals: Toumshend's journal, 27 October-ig December

To John Norden to printe Speculum Brittaniae^ / To [blank] to printe the Psalmes1336 of David accordinge to the Hebrewe texte. To certeyne marchantes to traffique. To Sir Jerome1337 Bowes to make glasses. To [blank]1338 to provide and transporte listes and shreddes, etc. Anno 35 Elizabeth to Henery Noell to make stone pottes,1339 etc. 1309. See CSPD 1591-4, p.556. 1310. 813: 'Wallis'. 1311. St2: 'ganes'. See 33 Hen. VIII, 0.9 (1542) in SR, iii.837; Hughes and Larkin, 11.359-60, 517. 1312. Eg.: 'William' rather than 'Mr' (+ Pet., Hay); Cott.: 'William Parre'. See CSPD 1581-90, p.6y5, CSPD 1595-7, p-3071313. Cam.: 'Spittman'. CSPD ^595-7, p.450 for July 1597 refers to the surrender of a 'former patent'. 1314. M. B. Donald, op. tit., p.209. 1315. Cf. DNB sub Pakington, John, and Hughes and Larkin, ill. 188—93 f°r May 1598. 1316. See CSPD 1581-90, p.528 for August 1588. 1317. Sic and in other MSS, except Ha7: '7 Henry 3'. Cf. earlier entry on fos.66v~7 for the reference. The usual case cited is Peach's for 50 Ed. Ill (see English Reports, 72.830-2 for Moore's report of the famous Darcy v Allen playing card case, where Peach's case and the one in 43 Ass are cited). 1318. Cam.: 'ingrossed'. 1319. St2: 'misled'; Eg.: 'wasted' (+ Ha7). 1320. See CSPD 1547-80, p.525 for the Wardens of the Goldsmiths acting for Robert Sharpe, silversmith. 1321. FH omits 'and owes' (+ Gor.); Cott. also omits the words and has a blank (+ Cam.). 1322. FH omits 'xviijth Elizabeth' and most of the years in subsequent entries in the list. 1323. Ha7: 'Robert'. 1324. FH: 'statute of 19° Elizabeth', obviously copied from the next entry in the source. ^IPC 1575-7, p.80 refers to the grant (cf. CSPD 1547-80, p.500) The statute is 5 Eliz., c.8 (1562-3) in SR, ^.429-36.

1325. Ha2 omits blank; FH: 'Jones'; Gor. here omits 'and Henery [blank]' thus making the entry appear straightforwardly complete. Wade's associate was Henry Mekyns (Hulme, P-47). 1326. St2: 'pontage'; Cott.: 'selling' (+ Pet., Eg., Ha7, Cam., FH, Gor.). 1327. As above. 1328. St2: '[blank] S u> ; Cott.: 's. . .' (+ Pet., Eg., Ha7); Gor. omits this entry; Sty. '[blank] etc'. John Ashley and Thomas Windebank were granted benefit of forfeiture and penalties for burning of timber trees to make iron, contrary to the statute l Eliz., c.15 in SR, iv.377 (Price, p. 146; PRO SPi2/ 282/28). 1329. FH: 'Atkyns'. 1330. Cam.: 'phalmes'. 1331. Gor. omits this entry. No name appears in Price's list. 1332. Ha2: 'Garter'. 1333. CSPD 1591-4, p.339 refers to a grant of 1583 for forfeitures under the act for sowing flax and hemp; APC 1589— go, p. 105 refers to a grant to William Wade and others. See SR, iv.425—6, 855 for the act of 1562-3, repealed in I592-31334. Gor. omits this entry. Anthony Martin was granted licence to transport tin (Price, p.143, CSPD 1591-4, p.119). 1335. See Price, p.143, and cf. DNB sub Norden, John. 1336. Cam.: 'phalmes'. For Psalms, see above. 1337. St2: 'John'. As above for Bowes. 1338. Gor. supplies 'Simon Furner', as appears here at £78. 1339. Cott. adds 'earth pottes' (+ Pet, Eg., Ha7, Cam., FH). As above for Nowell.

389

v.

39O

f.8o

v.


To William Aber1340 a lycence to sowe 6oo1341 acres of grownd with oade. To Mr Heale to provide steele beyound the seas. To [blank] to have xijd of everye hogshed of pilchers.1342 To [blank] to have the benefitt of forfeytuer by gigmilles.1343 To Elizabeth Mathewes to have trayne oyle of blubbers.1344 To Richard Drake for aqua composita, aqua vita[e], vineger and aleger.1345 To Roberte Allexander ffor anneseedes.1346 To Edward Darcye ffor steele. To Michaell Stanhoppe ffor Spanishe wolles.1347 To Vallentyne Harrys to sow 6oo1348 acres of woade.1349 To [blank] to take benefitt of the statute ffor gashinge of hydes and [blank].1350 To [blank]1351 Cornwallys1352 for unlawfull games.1353 To Henery Singer touchinge printinge of schoole bookes.1354 / To Arthur Bassanye1355 a lycence to transporte 6oo1356 calfes' skynnes. To Edward Darcye to provide, bringe, make and utter playeinge cardes.1357 To Thomas Morley to printe songes in partes.1358 To Sir John Packington ffor starche and ashes.1359 To [blank] to make mathematicall instrumentes.1360 To [blank] to make sake peeter.1361 To Thomas Wight1362 and Bonham Norton to prynte the lawe bookes. To [blank] ffor lyver of1363 ffishes.1364 To [blank] ffor poldavys ffor ffisheinge.1365 After which noate read nothinge was concluded uppon but a meetinge appoynted on Tuesdaye in the afternoone.1366 24 November Teusdaye.1367 An acte declareinge the lordship of Llandan alias Llandougher1368 to be declared to be within the countie of Carmarthen; this is the second readinge and is committed to the Middle Temple Hall tomorrowe in the afternoone. An acte to enhable Edmond1369 Molynex esquyer to sell landes ffor the payemente of debtes and legacyes. The bill of paynetinge was read and committed. A mocion was made by Mr Henery Doyley of Lincolne's Inne that before Mr Molenexe his bill were put to the question his counsell ffor the passage therof might be heard, as also Mr Molenex himselfe (a counsellor of / Graye's Inne) whoe came to speake agaynst the bill. And they were admitted to the barre to speake, where it was alledged agaynste the bill by the said Mr Molenex of Graye's Inne that it was drawne of purpose to defeate himselfe, his brother and a ffewe children, infantes and ffatherles, which indeed could not be answered by Mr Hitcham of Graye's Inne, beinge there of counsell with the other Molenex ffor1370 the bill, which reason quasht it. And soe after they were avoyded, the bill was put to the question ffor the engrossinge and the greater voyce was Noe,1371 soe the bill was reiected.


Sir Francis Hastinges brought in the bill of alehowses and typlinge howses. Sir Edmond1372 Morgan, a member of the Howse, was served with a subpena at the suite of one Kennye1373 whoe was sent ffor by the Sergeant.

1340. Eg.: 'Allen' (+ Pet., Hay). APC 1597, pp.8—9 refers to the late William Abrey and his grant for Southampton county. 1341. St2: '60'. 1342. Gor. omits this entry. See CSPD 1591-4, P-353; CSPD J595-7, p-194 for Drake or Gorges as possible beneficiaries. 1343. FH: 'pyggemiles'; Gor. omits this entry. See Price, pp.9, 12, 13, 146 for Roger Bineon and others taking forfeiture of 5 & 6 Ed. VI, c.22 (1551-2) (Cf. PRO SPI2/282/28: 'Bindon') in SR, iv.i56. 1344. As above. 1345. As above. 1346. See CSPD 1591-4, p.483 and Price, pp.144, 145. 1347. As above. 1348. Cam.: '6' (+ FH). 1349. See CSPD 1591-4, p.525. 1350. Gor. omits this entry. William Smith: see CSPD 1591-4, pp.569-70; PRO

1362. 1363.

1364. 1365.

1366.

SPI2/282/28.

1351. Cf. £78 where 'Thomas' appears as it does in some of the MSS. 1352. Eg.: 'Cornwall' (+ Hay). 1353. St2: 'games'. 1354. Cam.: 'schoolbooks and printing' (+ FH). See CSPD 1595-7, P-352. 1355. FH: 'Massay'. See CSPD 1598-1601, P-901356. St2: '6000' (+ St3, FH, Eg., Hay, Pet.). 1357. As above; and see CSPD 1601-3, p.2y8. 1358. FH omits this and the previous entry. See CSPD 1598-1601, p.94. 1359. As above. 1360. Cam. runs this entry together, after a blank, with that for saltpetre so that there appears to be one, rather than two, grants. Gor. omits the instruments entry. See Hulme, p-5i. 1361. Gor. omits this entry. 'Harding and others': see PRO SPi2/282/28; Price,

I36y. 1368.

1369. I3yo. i3yi. I3y2. 1373.

p. 145 and Hulme, p.49 for grants; also CSPD 1598-1601, p.4i5. St2: 'Weight' (+ St3, Cam.). Cam.: 'for' (+ Cott.); Cam. runs this entry, after a blank, on to the next so that there appears to be one, rather than two, grants. See CSPD 1591-4, p-513 for a grant to Mathews. Eg. omits 'fishing' (Hay, Pet.); Gor. omits this entry. See Hulme, p.46; also i Jas., c.24 in SR, iv.iO49. Twysden reports (Stowe 359, f.285v): 'But as this was in dispute in the Howse, Sir Edward Hobby going out found a multitude of people at the doore who sayd they were commonwealthe's men, and desired them to take compassion of their griefes, they beeing spoyled, imprisoned and robbed by monopolists. He returning informed the Howse of this, who sent to them to will them to depart. But after hym Mr Comptroller went and appeased them. In the mean tyme Mr Secretary Cecill rose in a great passion and sayd "What meaneth this? Shall wee suffer it?", but finding hym not seconded sate downe agayn. And this was thought onely a devise and no such thinge indeede. And soon after upon hys motion to have the chiefest of them selected and reported to the Howse tomorrow, it beeing assented to by the committee, they departed home.' Binding obscures day and date. St2: 'Landonher' (+ St3); Cott.: 'Landaner alias Landough'. See below, fos.ioi—v. St2: 'Edward'. St2: 'with'. Hay: '. . . and wee were the greater voice'. FH: 'Edward' (+ Cam.). FH: 'Kempe' (+ Cam.).

391

392

f.8i

v.

f.82

The Tenth Parliament: 2j October-ig December 1601

Mr Pemmerton, another of this Howse, was served with a subpena at the suite of one Mackerles,1374 whoe was also sente ffor by the Sergeant.1375 An acte to prevent dowble payment of debtes uppon shoppe bookes. Mr Phillipps shewed the greate daunger that might ensue by a statute made 39 Elizabeth ca. 6 entitled 'An acte toucheinge charritable uses', which statute was made to a good intent, but yet it maye tend to the settinge affoote of all the monasteryes of ould tyme and other religious howses, as alsoe to the serchinge into the estates of divers perticuler / subiectes within this realme, ffirst in respect of the tytle, secondlye in respect of the preamble, thirdlye in respecte of the bodye, and ffowerthlye in respecte of the conclusion, which appeared somewhat playne to the Howse uppon the recitall of the wordes of the statute. And therfore he thought it a dutye in conscience to offer1376 to the consideracion of this Howse, and1377 entitled 'An acte to explayne the true yntent and meaninge of the statute made the 391378 Elizabeth ca. 6', which was presentlye read, etc.1379 After, uppon some lowde confusion in the Howse toucheinge some private murmure of monopolyes, Mr Secretarie Cecill said, 'The dutye I owe and the zeale to extinguishe monopolyes1380 makes me to speake nowe and to satisfye their oppynions that thincke their shalbe noe redresse of these monopolyes. Order is attended with these two handemaydes, gravitye and zeale, but zeale with discretion. I have bene (thoughe unworthie) a member of this Howse in six or seaven parleamentes, yet never did I see the Howse in soe greate confusion. I beleyve their was never in any parleamente a more tender poynte handled then the libertye of the subiecte and the prerogatyve royall of the prynce. What an indignitye is it1381 then to the prynce1382 and iniurye to the subiecte that when anye is / discussinge this poynte he1383 should be cryed and cought downe. This is more ffitt ffor a grammer1384 schoole then a courte of Parleamente. I have bene a counsellor of state these xije yeares, yet never did I knowe it subiecte to construction of levitye and disorder. Muche more ought we to be regardfull in soe greate and grave an1385 assemblye. Whie wee have had speeches and speeche uppon speeche without eyther order or discretion. One would have had us proceed by bill and see yf the Queene would have denyed yt. Another' (John Davies) 'that the pattentes should be brought heere before us and cancelled, and this were bravelye done. Others would have us proceed by waye of peticion, which of both dowbtles is beste. But ffor the ffirst and especyallie ffor the second, it is soe ridiculous that I thincke we should have had as bad successe as the Devill himselfe would have wishte in soe good a cause. Whie, yf ydle courses1386 had bene ffollowed we should have gone fforsoothe to the Queene with a peticion to have repealed a pattent1387 or monopollye of tobackoe pypes' (which Mr Wingfeilde's noate had)1388 'and I knowe not ho we manye conceyptes. But I wishe every e man to rest satisfied till the committies have brought in their resolucion accordinge to your comaundementes.' / An acte ffor the makeinge of parckes of noblemen and gentlemen of the realme ffor the keepinge and breedinge of horses.


25 November, Wednesdaye. An acte ffor enlardginge of a braunche of the statute of 25 Elizabeth cap. 8 toucheinge gasheinge of hydes.1389 An acte concerninge the assize of1390 ffuell. An acte ffor the levyeinge of ffynes with proclamacion of landes within the countie of the Cittye of Chester. An acte ffor the reunitinge of Eye and Dunsden to the mannor of Soninge;1391 the ffirst tyme of the readinge. An acte ffor the enhablinge of Edward Nevill of Burlinge1392 in the countie of Kent, esquyer and1393 Henery Nevill his sonne and heyre apparant to sell certeyne coppiehould landes. 1374. FH: 'Matherlesse'; Eg.: 'MacherelT (+ Pet., Hay). 1375. Ha2 omits this paragraph. See Commons sub Morgan, Sir Edmund for this. 1376. St2 adds 'it' (+ 813). 1377. Ha2: 'an act' (+ MSS other than Rawl., St2, Sts). 1378. Hay: '29'. 1379. See 39 Eliz., c.6 (1597-8) in SR, iv.9O3~4. The act passed this session (43 Eliz, c.4) specified charitable uses more closely (SR, ^.968-70). 1380. Twysden (Stowe 359, f.285v) reports: 'This day the booke of the subsidies was taken to be read, but the Howse cryed it away and called for the report of the monopolies; and so the subsidy was defered.' Twysden also notes (£286) that 'Mr Crofts conceived a mistake in the committee's proceeding against monopolists, for whereas the Howse had given them in charge to advise in what course it was best to proceede against executions contrary to law, the committee had gone another way to chuse what licences to speak agaynst. After this Mr Secretary spake with great heat wherin he [?] to conceive the Howse had proceeded in this cause with greater zeal then judgment, taxed some that sayd "Let us doe bravely. Call the patentees before us and their patents and cancell them", as words unfit for a parlyament. Then the heads agreed upon by the committees were made knowne to the Howse, viz. i. which perteyn to foode; 2. royall commodities; 3. Howshold stuffe; 4. delicasies; 5. necessaries.' Twysden also

1381. 1382. 1383. 1384. 1385. 1386. 1387. 1388.

1389.

1390. 1391. 1392.

1393.

notes that at the committee on monopolies in the afternoon, Fulk Grevill accused Bowes of taking extreme bonds of mariners who had infringed his monopoly of glass imports, 'not permitting any to be brought for a present for a nobleman or a counseller'. The Privy Councillors had arrived late at this meeting and Cecil spoke on Bowes' behalf, though Raleigh had joined in the attack. St2: omits. Pet. omits 'what an ... prince' (+ Eg., Hay). Cam. omits (+ FH). FH: 'grammarian'. Cott. ends here. St2: 'causes'. Ha2 omits 'to have repealed a pattent'. Wingfield, from whom Townshend was to have details of a bill concerning fens, may have been the 'gentleman' who showed him the note of monopolies, though the one for pipes does not appear in Townshend's record. Wingfield was a cousin of Cecil's (Commons). The regnal year is wrong here: the first section of 5 Eliz., c.8 (1562-3) in SR, ^.429-36 prohibited the selling of gashed hides by tanners. See also William Smith's patent above, f.79v. St2 omits. Hay: 'Sinninge' (+ Eg.). St2: 'Barrling' (+ 813). For Neville's bill, see above, f.52v. The two Mr Fanes (below) are Francis and George, both of whom were members here. Pet. adds 'Sir' (+Eg, Hay, FH, Cam.).

393

394

v.

£83


This acte was brought in after committment by Sir Edward Hobbie, whoe at the deliverye therof shewed unto the Howse that they had put out 'esquier' in the tytle in respecte that they would not leave suche a tytle as esquyer ffor a monumente1394 of record in Parleamente least it might perhappes in after ages be a preiudyce to the tytle of Lord a Burgavenye.1395 'And alsoe we have lefte out', said he, 'all other wordes and clawses toucheinge that poynte, as alsoe have added a provisoe or saveinge of the right of the two Mr Vanes,1396 sonnes to the Ladye Vane, because the elder1397 of them layeth tytle to the barronye.' / And thus they both beinge at the committie with their counsell have given consent to the bill. The gentlemen are both in the Howse and can testifye as muche. Therfore I thincke it good yt were put to the question ffor the engrosseinge', and soe it was, and all said 'I, I, I'. The Chequer bill was read. The bill ffor tryfelinge suites was put to the question and ordered to be engrossed. An acte to prevent periurye and subornacion of periurye and unnecessarye expences in suites of lawe. An acte to prevent dowble paymente of debtes uppon shoppbookes, which was put to the question ffor the engrosseinge, and most said 'Noe'. Mr Speaker, after a silence, and every man marvelinge whie the Speaker stood up, he spake to this effect: 'It pleased her Majestic to commaund me to attend uppon her yesterdaye in the afternoone,1398 from whome I am to deliver unto yow all her Majestie's moste gratious message sent by my unworthie selfe. She yealdeth yow all hartye thanckes for your care and specyall regard of those thinges that concerne her state, kingdome and consequentlye our selves, whose good she had alwayes tendered as her owne, ffor our speedye resolucion in makeinge soe hastie and free a subsedie, which comonlye succeeded and never went before our counsellers.1399 / For our loyaltie1400 I doe assuer yow with suche and soe greate zeale of affection she uttered and shewed the same that to expresse it our tounges are not able, neyther our hartes to conceyve it. It pleased her Majestic to saye unto me that yf she had a hundred tounges she could not expresse our hartie good wills, and ffurther she said that as she had ever held our good moste deere, soe the laste daye of our or her1401 lyfe should wittnesse it, and that the leaste of her subiectes was not greived and her selfe not touched. She appealed to the throne of Almightie God howe carefull she hath bene and wilbe to defend her people ffrom all oppressions. She saith that partlye by intimacion of her Counsell, and partlye by diverse peticions that have bene delivered unto her, both goeinge to the chappie and alsoe to walke abroad, she understoode that dyvers pattentes which she had graunted were greivious to her subiectes and that the substitutes of the pattentees had used greate oppression. But she sayth she never assented to graunte any thinge that was malum in 5e,1402 and if in the abuse of her graunte there be any thinge evill (which she tooke knowledge ther was), she herselfe would take present order of reformacion. I cannott expresse unto yow the apparante indignation of her Majestic towardes


395

these abusees. She said that her kinglye prerogatyve (ffor soe she termed it) was tender, and therfore desireth us not to speake or dowbte of her carefull reformacion, ffor she / said that her commaundemente given a little before the v. late1403 trobles (meaninge the earle of Essex' matters) by the unfortunate event of them was not soe hindered, but that she had since that tyme1404 even in the middeste of her moste greate and weightye occasions thought uppon them, and that this should not suffice, but that ffurther order should be taken presentlye and not infuturo (ffor that alsoe was a word which I take it her Majestic used) and that some should be presentlye repealed, some suspended, and none put in execution but sutch as should ffirst have a tryall accordinge to the lawe ffor the good of her1405 people. Againste the abusees her wrathe1406 was soe incensed that she said she neyther could nor1407 would suffer suche to escape with impunitye. Soe to my unspeakable comforte she hath made me the messenger of this her gratious thanckefullnes and care. Nowe wee see1408 that the axe of her princelye justice is put to the roote of the tree. And soe we see her gratious goodnes hath prevented our counsells and consultacions, ffor which God make us thanckefull and send her longe and longe to reigne amonge us. 'Yf thoroughe my owne weaknes of memorye, wante of utteraunce and ffrayltie1409 of my selfe I have ommitted any thinge of her Majestie's commaund, I doe moste humblye crave pardone ffor the same and doe1410 beseeche the honorable person [s] which assiste this Chayer and were present before her Majestic at the deliverye herof to supplye and helpe my / ymperfections, which joyned1411 with my ffeare have caused me (noe dowbte) £.84 to fforgett somethinge which I should have deliverd unto yow.' After a little pawse and silence, the Counsell talkinge one with another, Mr Secretary e Cecill stood up and said, 'There needes noe supplye of the memory e of the Speaker, but because it pleased him to desier some that be aboute him to ayde his deliverye and because the reste of my fellowes be silent I will take uppon me to deliver some thinge which I both then heard and since knowe. I was present with the rest of my ffellowe counsellors and the message was the same which hath bene tould yow, and the cause hath not proceeded ffrom any perticuler course thought uppon, but ffrom private informacion of some perticuler persones. I have bene verye inquisitive of them and of the cause whie more ymportunitye was nowe1412 used then afore, which I am affrayde comes by beinge acquaynted with some course of proceedinge in this Howse. 1394. 1395. 1396. 1397. 1398. 1399. 1400. 1401. 1402.

Cam.: 'monut' (?). Sic. other MSS: 'of. FH: 'Wanes' and 'Wane' (+ Cam?). Cam.: 'eldest' (+ FH). Hay: 'forenoone'. St2: 'counsells' (+ other MSS). FH omits 'For our loyaltie'. Cam.: '. . . of her her' (+ FH). FH: '. . . graunt that might redownd to the preiudice of her subiects'. 1403. St2: 'last'.

1404. Pet. omits: 'event of them . . . since that tyme' (+ Eg., Hay). 1405. Pet.: 'theire'; Eg.: 'the' (+ Hay, FH). 1406. Eg.: 'Majestic' (+ Hay). i4oy. St2 omits. 1408. St2 omits. 1409. St2: 'faultie'. 1410. FH omits 'most humblye . . . and doe'. 1411. MS repeats 'which joyned'. 1412. St2 omits; Hay: 'not'.

396

v.

£85

v.


There are noe pattentes no we of fforce which shall not presentlye be revoked. For what pattent soever is graunted ther shalbe lefte to the overthrowe of that pattent a libertye agreeable to the lawe. There is noe pattent yf it be malum in se but the Queene was ill apprised in her graunte. But all to the generallitye be unacceptable. I take it ther is noe pattent wherof the execution hath not bene iniurious; would / that had never bene graunted. I hope they shall never be more.' (All the Howse said 'Amen'.) 'In perticuler, moste of these pattentes have bene supported by lettres of assistaunce1413 ffrom her Majestie's Privye Counsell, but whoesoever looketh uppon them shall find that they carrye noe other stile1414 then with relacion to the pattent. I dare assuer yow that ffrom henceforth there shalbe noe more graunted, and howe manye soever have bene alreadie graunted1415 they shall able revoked. But to whome doe they repayer with these lettres? To some out1416 howse, to some desolate widowe, to some simple cottage or poore ignorante people whoe reyther then they would be trobled and undoe themselves by comeinge up hether will give any thinge in reason ffor these catterpillers' satisfaccion. The notyce of this is nowe publicque and yow will perhappes judge this to be a tale to serve the tyme. But I would have all men knowe thus muche: that it is noe iestinge with a courte of Parleamente, neyther dares anye man (ffor my owne parte, I dare not) soe muche and abuse1417 all the subiectes1418 of this kingdome in a matter of this consequence and ymportance. I saye therfore there shalbe a proclamacion generall thorougheout the realme to notefye her Majestie's resolucion in this behalfe. And because yow maye eate your meates more savorlye then yow have done, every man1419 shall have sake as good cheape as he can eyther buye it or make it ffreelye without daunger of that pattent which shalbe / presentlye revoked; the same benefitt shall they have which have could stomackes, both ffor1420 aqua vita[e], aqua composita and the like; and they which have weake stomackes ffor their satisfaccion shall have vineger and aleger and the like sett at libertie. Trayne oyle shall goe the same waye; oyle of1421 blubber shall marche in equall rancke; brushes and bottles enduer the like judgment; the pattent ffor poldavye, yf it be not called in, it shalbe. Oad,1422 which as I take it is not restrayned eyther by lawe or statute but onlye by proclamacion (I meane ffrom the soweinge), thoughe ffor the saveinge1423 therof it might receyve good disputacion, yett ffor your satisfaccion the Queene's pleasuer is to revoke that proclamacion; onlye she prayeth thus muche that when she cometh on progresse to see yow in your countryes that she be not dryven out of your townes by sufferinge it to1424 infecte the ayer to neere1425 them. Those that desier to goe sprucelye in their ruffes maye with less chardge then accustomed obteyne their wishe, ffor starche which hath soe muche bene prosecuted shall nowe be repealed. There are other pattentes1426 of new draperye which shalbe suspended and lefte to the lawe. Iryshe1427 yarne, a matter that I am sorrye ther is noe cause of complaynte, ffor the salvagnes of the people and the warre hath ffrustrated the hope of the pattentee,1428 a gentleman of good service and deserte, a good subiecte to her Majestic, a good member of / the common wealth, Mr Carmarthen; notwithstandinge yt shalbe suspended and lefte to the

Journals:Townshend's journal, 27 October-ig December lawe. The pattent of calfes' skynnes and ffeltes,1429 which was made with a1430 relacion, shall enduer the censure of the lawe. 'But I must tell yow ther is noe reason that all should be revoked, ffor the Queene meanes not to be1431 swepte out of her prerogatyve: I saye it shalbe suspended yf the law doe not warrante yt. There is another servaunte of her Majestie's, Mr Onslow,1432 one of her pencioners,1433 an honest gentleman and a ffaythfull servante: he hath the pattent ffor steele, which one Mr Beale once had; this to because of complayntes1434 shalbe suspended. Ther is another that hath the pattente of lether, Sir Edward Dyer,1435 a gentleman of good desert, honest, religious and wyse; this was graunted unto him 30 yeares agoe, it crepte not in by the newe misgovermente of the tyme, yet this shall alsoe be suspended. The pattente ffor cardes shalbe suspended and tryable by the common lawe. The pattente ffor glasses which, thoughe I doe least apprehend to be preiudiciall to the publique good,1436 yet it is lefte to the lawe. There is another pattent, for sake peeter, that hath bene bothe accused1437 and slaundered.1438 It digges in every man's howse, yt removes the inhabitantes and generallye trobleth the subiecte. For this I beseeche yow be contented; yet I knowe I am to blame to desier yt, beinge condempned by yow in foro consrientiae.1439 But I doe assuer yow it shalbe fullye sifted / and tryed in foro judicii. Her Majestic meaneth to take this pattent unto her selfe and advise with her Counsell touchinge the same: ffor I must tell yow the kingdome is not soe well ffurnished with powder1440 nowe as yt should be. But yf it be thought ffitt uppon advyse to be cancelled her Majestic comaunded me to tell yow that thoughe she be willinge to helpe the grave gentleman that hath that pattent, yet out of the aboundant desier that she hath to give yow compleate satisfaccion, 1413. For examples of letters of assistance see APC 1598-9, pp. 101-2, 106-7; APC 1599-1600, pp.443-4; APC 1600, pp.300—i. 1414. 813: 'stuffe'. 1415. St2 omits 'and howe . . . alreadie graunted' (4- St3). 1416. Hay adds 'of. 1417. St2: 'so much as abuse' (+ St3); Ha2: 'so much abuse'; Cam.: 'soe mocke and abuse' (+ Eg., Ha7, Pet., FH). 1418. Eg.: 'states' (+ Ha7, Pet.). 1419. St2: '. . . done, yow'. 1420. St2 omits (+ 813). 1421. FH: 'and' (+ Gor.). 1422. FH omits. 1423. Eg.: 'sowing' (+ Ha7). 1424. St2 omits. 1425. 813: 'weerye'. 1426. Pet. adds 'which be considerable as the patent' (+ Eg., Ha?, Cam., FH). 1427. FH: 'the pattent of.

1428. FH: '. . . complaint against it, and being granted to'. 1429. Eg.: 'fells' (+ Pet., Ha?). Richard Carmarden was granted a seven-year licence in August 1599 CSPD 15981601, p.283. 1430. St2 omits (+ 813). 1431. FH: '. . . to have that'. 1432. Cam.: 'Mr Fullowe' (+ FH (?), though barely legible). 1433. Ha2: 'petitioners' (+ Cam., FH). 1434. FH: 'because complies(?)'. 1435. FH: 'Mr Pyre' (+ Cam.). See above, f-791436. St2: 'weale' (+ St3, FH); Cam.: 'the common lawe'. 1437. FH: 'acceptable' (+ Cam.); Gor.: 'accepted'. 1438. See above, f.8o & n.i36i. 1439. Cam.: 'conscience'. 1440. St2 omits 'with powder' (813).

397

f.86

398

v.

£.87

The Tenth Parliament: 27 October-it) December 1601 it shalbe repealed. This hath come to the eare of the Queene, and I have bene moste ernest to serche ffor the instrumente, and as a counsellor of state have done my best endevor to salve this scare. But I ffeare we are not secrett amonge our selves. Then muste I needes give yow this fruture caution, that whatsoever is subiecte to a publique expectacion cannot be good. Whie, Parleamente matters are ordinarye talke1441 in the streetes.1442 I have hearde my selfe, beinge in my coache,1443 these wordes spoaken alowde: "God prosper those that further the overthrowe of these monopolies. God send the prerogative touche not our libertie." I will not wronge any soe muche as to ymagine he was of this Howse, yett lett me give yow this note, that the tyme was never more apte to disorder and make ill interpretacion of good meaneinge. I thincke those persones would be glad that all soveraignitye were converted into popularitye, we beinge here are1444 but the populor branche and our libertye the libertye of the subiecte, and the world is apte / to slaunder moste especiallye the ministers of govermente. Thus muche have I spoken to accomplishe my dutye due unto her Majestie, but not to make any ffurther performance of the well uttered and gravelye and truelye delivered speeche of the Speaker. But I muste crave your ffavors a little longer to make an appollogie ffor my selfe. I have held the ffavore of this Howse as deere as my lyfe,1445 and I have bene told that I deserved to be taxed ffor taxeinge1446 yesterdaye of the Howse. I proteste my zeale to have the busines goe fforwardes in a right and hopefull course, and my ffeare to displease her Majestie by a harshe and a rashe proceedinge made me soe muche to laye aside my discreccion1447 that I said1448 it might be reyther termed a scole then a counsell, or to that effecte. But by this speeche yf any thincke that I called him scooleboye he both wronges me and mistakes me. Shall I tell yow what Demosthenes said to the clamors which1449 the Athenians made, that they were pueriles1450 et dignos pueris,1451 and yet that was to a popular state.1452 And I wishe that whatsoever is here spoken maye be buryed in these walkes.1453 Lett us take example by the Jewishe sinagogue, whoe would alwayes sepilire1454 senatum cum honorel4ss and not1456 blase their owne ffollyes and ymperfections. Yf any man in this Howse speake wyselye we doe him greate wronge to ynterupte him, yf ffoolishlie, let us heare him out; wee shall have the more cause to taxe him. And / I doe hartelye praye that noe member of this Howse maye plus verbis offendere quam consilio iuvare.n4S7 Mr Francis Moore1458 said, 'I must confesse, Mr Speaker, I moved the Howse both the laste Parleamente and this toucheinge this poynte. But I never meante (and I hope, Sir, this Howse thincketh soe) to sett lymittes and boundes to the prerogatyve royall. But nowe seinge it hath pleased her Majestie of her selfe out of the aboundance of her princlye goodnes to sett at libertye her subiectes ffrom the thraldome of these monopolyes, ffrom which there were noe towne, cittye, or countrye ffree,1459 I would be bould to offer in one mocion two consideracions to this Howse. The ffirst, that Mr Speaker might goe unto her Majestie to yeild her most humble and hartye thanckes


399

and withall to shewe the joye of her subiectes ffor their deliverye and their thanckefullnes unto her ffor the same. The other, that where diverse speeches have bene made extravagantlye1460 in this Howse, which dowbtles have bene tould her Majestic and perhappes all ill-conceyved of1461 by her, I would therfore that Mr Speaker not onlye should satisfy e her Majestic by waye of appologie therin, but alsoe humblie crave pardon ffor the same.' Mr Wingfeild said, 'My harte is not able to conceyve the joye which I ffeele and I assure yow my tounge cannot utter the same. Yf a sentence of everlastinge happines had bene pronounced unto me,1462 / it could not have v. made me shewe more outward1463 joye then nowe I doe, which I cannot reffrayne to expresse.' (And here as I1464 thincke, he wepte.) 'Ther could nothinge have bene soe acceptable to the subiect then this message, and I verelye thincke yf ever any of her Majestie's wordes1465 be meritorious before God, this is. I doe agree with all my harte in the ffirst parte of the gentleman's mocion that last spake, but doe utterly e mislike the latter. For it is not to be intended we should have had soe good and gracyous a message yf the truthe of some perticuler speeches had bene delivered unto her, and nowe ffor us to accuse our selves by excuseinge a ffaulte with which we are not chardged were a thinge in my oppinyon ynconvenyent and unfittinge the wisdome of this Howse.' Sir George Moore spake to the same effecte. Mr Francis Bacon spake to the same effecte alsoe,1466 and in th'end concluded thus, 'Nescio quid peaato^67 portet haec purgatw'. Soe it was put to the question and concluded that thanckes should be returned by the Speaker, and some dozen were named to goe with him as a convenyent nomber and intreatye made to the Privye Counsell to obteyne libertye of her Majestie to be admitted. 1441. 1442. 1443. 1444. 1445. 1446. I44y. 1448. 1449. 1450. 1451.

1452. 1453. 1454.

St2: 'matters' (+ 813). Hay: 'subjects'. St2: 'couch'. St2: '. . . being herin'. Hay: 'selfe'. Eg. omits 'ffor taxeinge' (+ Pet., Hay). St2: 'direccion' (+ Sts). St2: 'find'. St2: 'with'. FH: 'veriles' (+ Cam.). Sic (+ Ha2, Cam., FH, Gor., Pet.); St2: 'purses'; Stj: 'pureis'; Hay: 'pueros' Eg.: 'pueres'. St2: 'and yet that was not a populer state' (+ St3). St2: 'walks' (+ St3, Ha2, Gor., Cam.). Cam.: 'sepire' (+ FH).

1455. 1456. i45y. 1458.

1459. 1460. 1461. 1462. 1463. 1464. 1465. 1466. I46y.

St2: 'sepulire senatum cum honores'. Hay omits. St2: 'concillio inare . Moore was one of four members acting on Elizabeth's invitation on matters of purveyance after the 1589 session (EP, ii.2i5). St2 omits (+ 813). FH: 'extraordinarily' (+ Cam.). St2 omits (+ St3). Cam. omits. Hay: 'extraordinary'. St2: 'hee'. Cam.: 'workes'; FH: 'subiectes' rather than 'Majestie's'. FH omits the rest of the sentence. Ha2: 'peccatf (?) (+ Gor.), apparently as a correction; Eg.: 'peccat' (+ Hay, Pet.).

400

f.88

v.

The Tenth Parliament: 27 October-ig December 1601 26 November, Thursday1468 An acte1469 ffor the amendinge of the statute made viij Elizabeth, ca.n entitled 'An acte ffor the true makeinge of hattes and cappes', the second tyme of the readinge, and committed at the Temple Hall / on Satordaye1470 in the afternoone. An acte lymiteinge what persones shall make, drye,1471 and retayle colored clothes. An acte ffor the ffurnisheinge of her Majestie's navye royall with good and sufficyent cordage. The substance of this bill was the same that the bill of1472 hempe was, which hath bene once reiected this parleamente, and it hath a limytacion to enduer to the end of the nexte parleamente. After a speeche made by Mr Phettiplace and Mr Joanes of Graye's Inne, the ffirst ffor the bill, the second agaynste it, Mr Johnson1473 said, 'Mr Speaker, ould Parleamente1474 men saye a bill once caste out should not be read agayne. This bill is the verye same we once caste oute, and I thincke it were verye good this bill marched pari pede with the fformer.' Mr Comptroler shewed howe necessarye cordage was to the land, as alsoe fflaxe and hempe, which we might have in our owne land1475 yf it happened that entercourse of traffique were hindred in other countryes. And therfore he wishte that a bill of this nature might not soe sleightlye1476 be1477 reiected, but that it might be once agayne read and committed. The Howse uppon this bill was devided; the I, I, I, were 70 and the Noes were 102. The bill of Landonerer.1478 Mr Secretarye Cecill said, 'Yf I should tell yow otherwyse then truthe in a matter of soe greate consequence I should need noe other processe1479 but my owne / conscience. That to soe gratious a message there was never returned more infinite thanckes we all are assured.1480 From the Queene I have receyved a shorte answere in these wordes, "Yow can give me no more thanckes, ffor that which I have promised, then1481 I can and will give yow thanckes ffor that which yow have alreadye performed" (meaneinge the subsedies and ffifteenes) "soe inseperable1482 are the quallityes of the prynce and the subiecte, good1483 ffor the one and the other." Yf by true interpretacion of the lawe voluntas reputatur pro facto yow shall not need (your good will beinge alreadye knowne) use anye actuall thanckes, neyther will she receyve anye tyll by a more effectuall1484 consumacion she hathe compleated that worcke; at that tyme she wilbe well pleased to receyve your loves with thanckes and to returne unto yow her best ffavors.' An acte ffor the graunting of ffower subsedies and eight fryfteenes. 27 November Fridaye. The bill ffor Norwiche is committed to Mondaye in the Chequer Chamber. Sir Francis Hastinges said, 'I cannott ffynde a better tyme after soe good a bill ffor the maynteynance of the Word in preacheinge then to move unto yow a


401

good course ffor the maintenance of hearinge. He that seeketh to please all shall please none, and he that seeketh to please all in Code's cause shall not please a good conscience. There is a necessitye that yf the Queene's1485 wil be, that this bill should be preferred, ffor religion / is the mother1486 of obedyence. £89 Power exceptions have bene taken to the bill: that the husband should not paye ffor the wyfe, 2, nor the ffather ffor the sonne, 3, nor the master ffor the servante, 4, that those recusantes which paye the penaltie of xx1' a moneth by fforce of the statute of xxiijth should not be included. All these penalties are nowe excluded.1487 I knowe some halfe parishes,1488 I would I could not saye some whole parishes, converted by Jesuites and seminaryes, these be of the poorer and unlearned sorte of people whome this smale taxe of xijd beinge dulye levyed will more pinche1489 then anye lawe or ordinance1490 ever yet devised. And I humblye beseeche both in regard of the state of the countryes and of our more secure obedyence unto her Majestic, it maye be looked into and receyved.1491 The acte is entitled "An acte ffor the more speedye comeinge to Churche on Sondayes".' Mr Doctor Perkines1492 brought in the acte ffrom the committment, entitled 'An acte ffor the benefitte of marchantes and ffurtherance of her Majestie's customes'. Mr Speaker stood up and wishte the Howse to advyse what they would doe with the prisoners that served Sir Edmond Morgaine and Mr Pemerton with subpenas and shewed that they were reddye at the doore to attend.1493 Mr Tate1494 said, 'I wilbe bould to offer two / presidentes to this Howse v. towchinge servinge of subpenas, yett fFirst lett us enter into consideracion of the fforce of the privelidges we nowe have. It is manifeste and I thincke noe 1468. MS omits this date and day, though the appendix of bill readings lists those for this day. Pollard (BIHR, 14, 150) thought Ha2 the only copy to make the omission. 1469. St2 omits. See 8 Eliz., c.n (1566) in SR, iv. 494-5. 1470. St2 omits 'on Satordaye' (+ St3). 1471. Sic (+ Pet., Gor., Cam., FH); St2: 'die' (+ other MSS). 1472. FH omits 'the bill of. 1473. Eg.: 'Jones' (+ Ha7, Pet., Cam., FH). 1474. St3 omits. 1475. Gor.: 'handes' (+ FH, Cam., Pet., Eg, Ha7). 1476. Ha2: 'straightly'. 1477. Ha7: '. . . not be soe slighted and' (+ Eg, Pet.). 1478. FH omits this entry; Cam.: 'Landouer' (+ Gor.); Ha2: 'Landoverer' (+ Eg, Hay). 1479. St2: 'proofe' (+ St3, Ha2).

1480. 1481. 1482. 1483. 1484. 1485. 1486. 1487.

1488. 1489. 1490. 1491.

1492. 1493. 1494.

FH omits 'we all are assured'. St2: 'that' (+ St3). FH: 'unspeakable' ( + Cam.). St2 omits (+ Sts). Other MSS: 'effected'. Cam.: 'Queene' (+ Pet., Eg., Ha7, FH). St2: 'matter' (+ St3). St2 omits this sentence (+ St3). Hastings is speaking about the objections to the former bill for the better collection of the i2d fine. Eg. adds 'some quarter parishes' (+ Ha7, Pet., Cam., FH). FH: 'punish'. St2 omits: 'or ordinance' (+ 813). St2 ends the paragraph, and therefore the speech, at 'receyved' (4- St3, Ha2, Ha7, FH). Commons: Christopher Parkins. See f.Sov above. FH: 'Yates'; Cam.: 'Dats' (?).

4O2

£.90

v.

The Tenth Parliament: 27 October—ip December 1601 man dowbteth but that hertofore the Howses of Parleamente were both one without devision, and that the united bodye of the parleamente had the same privelidges and jurisdiccions which we nowe have. And thoughe there be a cession or separation of the united bodye yet the privelidges doe remayne still entyer, ffor by moste auntient recordes of this realme it plainlye maye appeare that the same privelidges serve both Howses. 'The ffirst president is in King Edward i1495 his dayes when the Templers had certeyne tenantes in1496 the Parleamente Howse which were behinde with their rentes, and they made humble petition to the Kinge that they might destrayne eyther their bodyes or goodes ffor the same; the Kinge as it appeareth answered, "Non videtur honestum quod aliquis de magno Parliamento nostro distringatur" ,1497 Soe that it seemes we are privelidged ffrom all kinde of distresse whatsoever. 'The second is, one Bogo1498 de Clare did presume to serve a citacion uppon Edmond, earle of Cornewalle within Westminister Hall as he was goeinge to the parleamente, ffor which he was sent to the Tower and1499 made to submitte himselfe de alto et foaso1500 and a ffyne of 2000 marckes imposed uppon him, which he trulye payde. Besides, because Westminister / Hall was within the libertyes of the Abbye of Westminister, he was ffyned ioooh ffor that contempte, but by mediacion of the Bishoppes it was remmitted to iooh, which he alsoe trulye payde to the Abbote. And our use at this daye is not warranted by auntient course of presidentes, ffor yf a man1501 had bene arested uppon a subpena, uppon notyce given he should have had a wrytte of privelidge, which of course1502 her Majestic muste have allowed.' Then he made a longe speeche uppon Trewinnard and Skewishf's] case, 351503 Henry 8,1504 Dyer, fol.55, pl.8 et1505 36 Henry 8, fol.59, pl.iy1506 etc. See the bookes at lardge, etc.1507 Mr Brytten1508 shewed that a member of the Howse, Mr Phillips the lawyer, was served with a privye scale out of the Courte of Wardes by one Thomas Deane, servante to Mistris Chamberleyne, a widowe, whoe when he delivered the processe, beinge tould it would be taken in evill parte by the Howse, he said he cared not; beinge tould that the Howse would punishe him ffor yt, and bringe him on his knees, hee answered his mistris would bare him oute and shee made noe dowbte but she should frynde as good ffrindes there as he had anye. Wheruppon the Howse willed that she and her servante should be sent ffor by the Sergeante. Mr Holcrofte shewed the Howse that manye complayntes were made but none punished, manye sent ffor, but none appeared: there was a matter complayned of by one Mr Morryce, a gentleman that had his man arested at his heeles by the / bayliffes of Shrewsburye and nothinge was done therin. Mr Morryce said that after the Howse had given order to the Sergeant to goe, 'He came', said he, 'unto me to certifye him of the partyes and perticulers', and what he hath since done he knoweth not. Mr Roger Owen said, 'Maye it please yow, Mr Speaker, my selfe beinge chosen ffor the shier thincke it my parte to speake somethinge, seeinge the


burgesses ffor the towne neglecte their dutyes in not speakinge. True it is that suche order was given ffrom the Howse. But the gentleman, Mr Morryce and some others beinge willinge to lette me have the examinacion of the matter, came before me and uppon examinacion ("A wyse examinacion, noe dowbte", quoth Mr Secretarye Cecill) I ffound that he was noe menyall servante but onlye a servante that brought him parte of the waye1509 and was to goe noe ffurther with him towardes the Parleamente. Wheruppon I thincke the Sergeant haveinge soe muche notyce stayed.' Mr Browne of Graye's Inne said, 'Mr Speaker, it seemeth this matter is shuffled up. I humblye praye the Sergeante maye be heard.' And all the Howse cryed 'I, I, I'. After three congies made the Sergeant shewed that he was with Mr Morryce and that he offred him to send one of his men, but1510 because he was in dowbte of ffindeinge him he desired some1511 parte / of his ffees or monye ffor his chardges or horses, or els he would fFmde horses and gett one of his ffellowe sergeantes to goe, because he could not wilbe spared ffrom his servyce;1512 yf not, he would ffor his more expedicion procure a persevante to goe with a warrant under Mr Speaker's hand and the honorable of the Counsell in this Howse ffor the more speedye passage. All which course Mr Morryce reiected. 'I hope the Howse meaneth1513 not that I should goe or send on my owne purse, or hazard the chardge1514 my selfe, and therfore I hope this wilbe sufficient ffor my dischardge.' And all the Howse cryed, 'I, I, I.' Soe noe more was said of that matter, ffor the Speaker seemed to ffavor the case, and thefore he presentlye stood up and asked yf the Howse would have the prysoners in which served Sir Edmond Morgan and Mr Pemerton, and all said, 'I, I, I', and by this shifte the fformer matter was shufled over. Christopher Kennell and William Macherles1515 were brought to the barre,1516 the1517 one ffor servinge Sir Edmond1518 Morgan with a subpena, the other ffor servinge Mr Pemerton with the like wrytte. 1495. 1496. 1497. 1498.

1499. 1500. 1501. 1502. 1503. 1504.

1505. 1506.

St2: V (+ 813). Eg.: 'of (+ Pet., Hay, Cam., FH). See Rot. Part., i.6i. Eg.: Togo' (+ Hay, Pet., Cam., FH, Gor.). See Rot. Part., i.iy. FH omits 'sent to the Tower and'. FH omits 'de alto et baso1. Eg.: '[blank]' (+ Hay). Ha2: '. . . of which course'. Cam.: '37'. St2: 'Treco inward and Skewash c.35. 8' (+ St3, though 'Henry' included); Ha2: 'Skipwith's'; FH omits 'Dyer' and has 'pi. 8'. St2 omits (+ St3). St2: '15' (+ St3).

1507. FH omits this sentence. See Dyer in English Reports, 73.122-3, 131-5. 1508. Commons: Thomas Breton. 1509. St2: '. . . brought him on the waie and was' (+ St3). 1510. St2 omits (+ St3). 1511. St2: 'see'. 1512. St2: 'fervant'. 1513. Cam.: 'I hope hee meant'; FH: 'I hope hee thought'. 1514. St2 omits 'the charge' (+ 813). 1515. FH: 'Matherley'. 1516. Cam.: '. . . brought in Court' (+ FH, Gor., Eg., Hay, Pet.). i f i y . St2: 'and' (+ 813). 1518. FH: 'William'.

403

£91

404

v.

£.92

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Christopher Kennell said, 'Mr Speaker and the rest of this honorable Howse, I am, thoughe poore, a gentleman borne,1519 and knowne to manye in this assemblye. This perhappes maye be a cause to / aggravate my offence. I hope ther is noe man that doth not knowe me, and I am suer ther is noe man which knoweth me but thincketh I would not wilfullye committe suche an offence as this is. I have bene sometymes (thoughe unworthie) a member of this Howse,1520 and I have seene and knowne the justice of the Howse in the like cases. But, Mr Speaker, yf ther be eyther honestie or Christianitye in me, by the same I doe proteste that I knewe not Sir Edmond Morgane was of the Parleamente Howse, which I thincke he will avouche himselfe. And assoone as I heard it I went to Sir Edmonde's chamber where1521 I ffbunde him to reconcyle my selfe and make an atonemente' (ffbr that was his worde) 'with him. As I was doeinge this, Mr Sergeant came into the chamber and there arested me, whose areste I moste willinglye obeyed and doe nowe acknowledge my selfe to have offended, thoughe not wittinglye. Maye it please yow, I have served her Majestic these xviijene yeares in her warres;1522 and all my lyfe I was never trespasser1523 in anye offence of this or the like nature. I therfore moste humblye doe beseeche yow in your wisdomes to have consideracion of the nature and circumstances of myne offence. And most willinglye I doe submitte my selfe to your censures.' William Makerles,1524 beinge a poore simple ffellowe could saye nothinge ffbr himselfe but onlye that he knewe not Mr Pemerton to be of the Howse, / noe not ffbr his lyfe yf1525 it etc.1526 Soe the Sergeant was comaunded to remove them ffbrthe.1527 Mr Johnson said, 'Some we pardone out of discretion, some out of commisseracion. I thincke,1528 sett all parleamentes together, they will not matche this parleamente with nombers of this nature; onlye our ympunitye the cause.' Sir Edmond Morgane said, 'Mr Speaker, the gentleman is a man of good sorte, deserte,1529 and carryadge, and I thincke yf he had knowne me to have bene of the Howse, he would not have served me with the subpena. Trulye he came to my lodginge and acknowledged his greate ffaulte, and prayed me to extenuate it. I protest I thincke he did not knowe I was of the Howse, and therfore I humblye praye that in regard of his person and good service done to her Majestic, his offence maye be as ffreelye remitted by the Howse as it is by me, and that it would please yow all to reserve your justice to matters of greater ymportance.' Which speeche was marvellous well liked of by1530 the Howse. Mr Pemerton1531 beinge asked what he could saye, wether William Mackerles1532 knewe him, he answered, T, and that his man had tould him.1533 He said that he knewe the said William was a verye knawe, and therfore he would not entreate the / ffavore of this Howse, but lett him have the justice of the Howse;1534 which speeche was generallye misliked as1535 churlishe, etc. Mr Fleetwood,1536 a counsellor of Graye's Inne shewed unto the Howse that one Holland, a scryvenor by Temple Barre, and his man had beaten his servante, and he humblye prayed they might be sent ffbr. (See1537 the whole


matter on Satordaye next.) And the question grewe uppon dispute in the Howse whether this were punishable, and after uppon a president vouched by Mr Roger Owen of the 8 Henry 4 toucheinge a knight of the Parleamente comeinge towardes the parleament,1538 etc.; and soe agreed they should be sent ffor. Mr Kennell and Mackerles were brought to the barre, and after their offence layde open by the Speaker, he said it pleased the Howse to have soe ffavorable consideracion1539 of their offence that they should onlye have but 3 dayes ymprisonment in the custodye of the Sergeante, and paye his ffees.1540 Mr Downold moved the Howse, ffirst that that gratious message which had bene sent frrom her Majestic might be wrytten in the bookes of the recordes of this Howse (beinge worthie to be wrytten in gould), aswell as it is wrytten and1541 ffixed in the true heartes of every good subiecte; the other that the honorable of this Howse woulde move her Majestic and be an earneste / meanes of speed, least that which is nowe meante indeed maye be protraccion1542 of tyme be altered or perhappes not soe happelye effected. Mr Secretarye Cecill said, 'I promised to be as silent as I could; amonge muche1543 speeche of the wyse ther wantes not muche follye, muche more in me.1544 I doe not speake because I doe mislike the motion of that gentleman that laste spake (Mr Downald), but to deffend the dilligence and grace of the Queene. It is noe matter of toye ffor a prynce to notefye1545 in publique a matter of this weight. Thoughe the idole of a monopolye be a great monster, 1519. St2: '. . . though a poore gentleman borne' (+ 813). 1520. See Commons sub Morgan, Edmund where the claim is mentioned, though he does not appear to have served as an Elizabethan member. 1521. St2: 'when'. 1522. FH omits 'in her warres' (+ Cam.). 1523. Cam.: 'offender'.

1524. FH: 'Matherles'. 1525. Stt: 'of (+ Sts). 1526. FH omits 'noe n o t . . . it etc'; Cam. omits 'not'; Gor.: 'no not for his life.' 1527. Hay omits this entry. 1528. St2 omits (+ Stj). 1529. St2: 'disrert'(P); Hay: 'discent'. 1530. St2: 'on of (+ St3); Pet.: 'by of; Eg.: 'by all of (+ Hay). 1531. See f.Sov above. 1532. FH: 'Matherles'. J 533- St3 omits 'knewe him . . . tould him'. 1534. St2 omits 'but l e t t . . . the Howse' (+ St3, FH, Gor., Cam.). 1535. Sta: 'and' (+ 813). 1536. Henry Fleetwood was found guilty of corruption by Gray's Inn in 1608 (Commons).

1537. St2: 'Soe' (+ St3). This sentence, at least, was obvioiusly written after next Saturday's entry, though whether by Townshend or a compiler/copyist is not clear. 1538. Ha2 omits 'comeinge towardes the parleament'. Cf. J. Hatsell, Precedents of Proceedings in the House of Commons (1918), 1.24—5 where Thomas Brooke of Somerset is mentioned, though the case belongs to Henry VI's reign. 1539. St2: 'construccion' (+ St3). 1540. FH: 'their debts'. Twysden (Stowe 359, fos.28yv-8) says the House gave the two men a lenient sentence of three days' imprisonment in the Sergeant's custody. They should also pay the fees involved, 'which in my father's memoriall are sayd to bee ios the day.' 1541. St2 omits 'wrytten and' (+ St3). 1542. FH: 'deferring and detracting'. 1543. FH: 'which' (+ Cam.). 1544. St2: 'time'. 1545. FH: 'mortefie' (+ Cam., Gor.).

405

f-93

406

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£.94


yet after 2 or 3 dayes I dowbte not but yow shall see him dismembred. And I protest ther is not any soule that lyves deserves thanckes in this cause but our Sovereynge. Yesterdaye the Queene gave order ffor the draught of1546 a proclamacion. I had the minute1547 therof in my hand and yow all knowe I went even nowe out of the Howse' (that was in the middle of Mr Tate's1548 speeche), 'then I read it and sent ffor him that should deliver it to her handes. Nowe, what needes this newe zeale?'1549 Mr Davyes said, 'Mr Speaker, I stood up before to speake. It was not muche I had to saye, onlye this, that which was delivered to yow ffrom her sacred selfe I thincke to be gospell, that is, glad tydeinges, and as the gospell is / registred and wrytten soe would I have that1550 alsoe ffor yf ever1551 glad tydeinges came to the hearte of the subiecte they nowe come. This is all Sir.' Sir George Moore said, 'This eateinge and ffrettinge dissease of monopolyes I have every detested with my harte, and the greater the greivance is, and hath bene, the more inestimable is the grace of her Majestic in repealinge them. And therfore ffor us to thincke we can sufficientlye record the same, yt weare to hould a candle before the sunne to dime the light. And1552 seeinge she in her clemency e and care to us hath taken the matter in her owne handes, I wishe the matter maye be noe more spoken of, muche lesse proceeded in.' Sir Francis Hastinges said that it ought to be wrytten in the tables of our hartes, etc. Mr Lawrence Hyde1553 said, 'I thincke the gentleman that sett1554 this motion on ffoote spake out of joye ffor her Majestie's grace and zeale to have performance of her promise. In that he wishte it might be recorded in paper here, or parchmente, it is not to be intended but he meante alsoe in our hartes, which remayne noe longer then we lyve.1555 But recordes remayne longe, and •will give a livelye1556 memorye in ages to come, and therfore ffor that parte of his motion I thincke it verye good and wishe the Clarke maye doe accordinglye.' Mr Comptroler said, 'I thincke he that ffirste / moved this question exceedinglye fforgotte himselfe and exceedinglye detracted frrom her Majestic, whoe I knowe out of her aboundante love and grace to this Howse hath taken suche speedye course as hath bene delivered by my ffellowe Counseller. With that affection she ymbraceth this Howse, that in more ffamilyar then princelye sorte it hath pleased her to saye, "Recommend me to the Howse with thanckes ffor their1557 promise and care ffor their common good", etc.' Mr Speaker said, 'My harte is not able to conceyve nor my tounge to utter the joye I conceyved ffor her Majestie's gracious and specyall care ffor our good, etc. Wherfore, as God himselfe said "Gloriam meam a/ten'1558 non ddfeo",1559 soe maye her Majestie saye in that she her selfe wilbe the onlye and speedye agent ffor performance of our moste humble and1560 moste wished desier. Wherfore lett us not dowbte but as she hath bene, soe she still wilbe our moste gratious sovereigne and naturall nursinge mother unto us, whose dayes the almightie God prolonge to all our comfortes.' And all the Howse cryed 'Amen'.

Journals:Toumshend's journal, 27 October-ig December 28 November, Satordaye. I came by reasone of specyall busines somewhat late.1561 The bill entitled 'An acte ffor explanacion of the statute of 39 Elizabeth, ca. 6 toucheinge charritable uses' was read the second tyme.1562 To which Mr Tate1563 spake and said amonge other thinges (to th'end of which / speeche I came),1564 that that could be noe lawe which was contrarye to the Create Charter of England, and this was, because it gave power agaynste the Create Charter which giveth challenges to jurors, which this lawe alloweth not, etc. Therfore he wishte there might1565 be a committment whether it were fitte to be contynued or repealed. And soe the Howse would have appoynted Mondaye. But, Mr Secretarye Cecil! spake: 'I tould yow of late that her Majestic accepted of our loves and thanckes but she herselfe ffrom our selves by our Speaker would receyve none till she had performed her promise, which yow maye see is accomplished,1566 and proclamacions extant in every man's hand. No we, because yow shall not thincke but she will receyve your thanckes which proceedes ffrom your love, which is the greatest piller and pearle of her crowne, she hath appoynted Mondaye in the afternoone ffor that purpose. And yf it please yow to come with a convenyent nomber, some 40 or 50 or 100, they shalbe all welcome.' Soe the committie was put over till Tuesdaye and they wente to name manye that should goe. At laste all the lower end of the1567 Howse cryed 'All, all, all', and would not suffer any more to be named, and soe none were.1568 Roberte Holland, a scrivener at Temple Barre, and one Lawrence Brooke his man were brought to the barre ffor that he had beaten Mr Fleetwoode's man, a member of the / Howse. The whole matter was thus related to the Howse by Mr Fleetwoode, viz: Mr Fleetwoode was bound as suertye with one Mr Haydon ffor the payement of certeyne monye at Hollande's shoppe, which was payde and told there, the bagge after put up. So Mr Fleetwoode on Wednesdaye last as he came by Hollande's shoppe was called in by him into the 1546. 1547. 1548. 1549.

1550. 1551. 1552. 1553. 15541555. 1556. 1557.

FH omits 'the draught of. Gor.: 'coppie'. FH: 'James' (+ Cam.); Gor.: 'Joanes'. Twysden (Stowe 359, £288) adds the following to the account of Cecil's speech: '". . . and no soule living in this cause deserves thanks but the Queene herselfe." All which he spake with a sad setteled countenance.' St2: 'it' (+ 813). St2 omits (+ 813). St2: 'In' (+ 813). Eg. omits (+ Hay). FH 'left'. Eg. omits longer then we lyve' (+ Hay). FH: 'life by' (+ Gor., Cam.). Ha2: 'the'.

1558. St2: 'altero'; FH omits (+ Gor., Cam.). 1559. See Isa. 42.8, 48.11. 1560. Cam. omits 'most humble and' (+ FH, Gor.). 1561. D'Ewes (p.657) records business in five bills on this day before the statute of 39 Elizabeth was dealt with. 1562. 39 Eliz., c.6 in SR, ^.903-4. 1563. FH: 'Tyte' (+ Cam.). 1564. FH omits the phrase in brackets. 1565. St2: 'Therfore this might' (+ 813). 1566. FH: 'published' (+ Gor., Cam.). See Hughes and Larkin, iii.235 for the proclamation of this day, 28 November. 1567. St2 omits 'ende of the' (+ 813). 1568. FH: 'went' (+ Gor., Cam.).

407

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408

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shopp and after into a parlor, where after1569 chafeinge and swareinge1570 he tould him that there wanted x'1 vjd1571 of the some in the bagge, and that he should not have his bond till he had yt. Mr Fleetwood called his man to justifye the paymente, whoe did soe. Holland swore he lyed1572 like a boye and a raskall, to which the boye answered, 'Yf yow saye soe, I saye that whoesoever saythe ther was not soe muche monye, he lyeth.' With that Holland ranne at him and thruste him into a chimney corner, and would have stabbed him yf Mr Fleetwood had not taken the dagger ffrom him. The scrivener's man which hearde the bustlinge came in and not onlye strooke the said Mr Fleetwoode, but alsoe helped his master to beate the man, and after wente agayne into the shopp thoroughe which as1573 Mr Fleetwood and his man went fforthe, the boye mocked and jeered at him, and Mr Fleetwood told him they should answere it in the Parleamente Howse. To which the1574 boye answered, 'My master will warrante me; I care not.' And it seemed by Holland, whoe could not well be hearde, because he spake soe1575 lowe, that the aforesaid matter was true. Soe / after he was removed ther was greate dispute yf he should be sent to the Tower or to the Sergeante, and I verelye thincke he had gone to the Tower yf Mr Fleetwoode had not by chaunce spoken a word toucheinge Mr Anthonye1576 Maynard, secretarye to the old Lord Treasurer, which happened thus. When Holland kneelinge at the barre had spoken ffor himselfe, the Speaker asked Mr Fleetwood1577 what he could saye, whoe tould all the matter aforesaid. But as he was at the begininge to speake on, some said 'At the barre. At the barre,' which Mr Fleetwood tooke to be a greate disgrace, and said, 'Mr Speaker, I have heard that Mr Anthonye Maynard hath given out speeches in the behalfe of this Holland and ffor some specyall reasones I thincke he is the man that sayth "At the barr".' But the Howse pushte1578 at him and bade to the matter. He ffell to speakinge agayne of Mr Maynard, then they did as before. And soe the thirde tyme. Then the Speaker wishte him to leave that as a pryvate matter and soe ffall to the poynte, after which he tould the whole matter aforesaid. Nowe as I said, this greatlye preiudiced his cause (thoughe I verelye thincke ther was noe suche thinge done by Mr Maynard) ffor none spake agaynste him, and ffor the easie punishment of the scrivener but Mr Maynarde's ffrindes, even some of the greatest.1579 Besides, it seemes by1580 the manye Counsellors that spake ffor Holland that etc. / Mr Francis Bacon said, 'I have bene a member of this Howse these seaven parleamentes1581 and never yett knewe of above two that were committed to the Tower. The ffirst was Authur1582 Hall,1583 ffor that he said the Lower Howse was a newe persone in trinitye,1584 which because those wordes tended to the derogation of the state of this Howse and giveinge absolute power to the other, he was therfore committed. The other was Parrye,1585 that ffor a seditious and contemptuous speeche made even there' (poynteinge to the second benche)1586 'was likewyse committed. Nowe this offence is not of the like nature, and very small, not done to the person of any member of this Howse, and therfore I thincke the Sergeante's custodye is punishment1587 sufficyent.'


Mr Francis Moore said, 'Whie, Mr Speaker, this offence is ordinarye. My man was well beaten, and carryed to the taverne, and made ffree of the companye of gentlemen pages fforsoothe. It were ridiculous in me to complayne, and I thincke this a matter of1588 greater ymportance.' Mr Jones1589 of Graye's Inne said, 'Mr Speaker, I thincke this is a greate wronge; ffor he hath chardged him with xh vjd1590 and yet sent the bonde which without dowbte he would never have done yf he could have justifyed the chardge. The Tower is our pryson and in1591 courtes yf a man be arrested but ffor xxs he / shalbe in the same prysone that he that is arested ffor ten thowsand powndes. And therfore, I thincke best he were committed to the Tower.' Soe after other consultacion and debate it was put to the question and agreed he should be in the Sergeante's handes ffyve dayes and alsoe his man, and paye double ffees.1592 29 November, Sondaye. 30 November, Mondaye.1593 An acte ffor redresse of unsised1594 bread, the ffirst tyme of readinge; and it hath a lymitacion to th'end of the next parleamente. An acte ffor the repayringe and amendinge of two bridges over the river of Eden in the Countie of Cumberland adioyeninge to the walles of the Cittye of Carlill,1595 the ffirste tyme of the readinge. Doctor Cesar brought in the bill ffrom1596 the committies entitled 'An acte 1569. St2 omits. 1570. FH: '. . . where after some angry wordes used by the said Holland to Mr Fleetwood'; Cam. omits 'and swareinge'. 1571. FH: '8 d> (+ Cam.); Gor. omits.

1585.

1586.

1572. Eg. omits 'he lyed' (+ Ha7).

1573. 1574. 1575. 1576.

1577. 1578. 1579. 1580. 1581. 1582. 1583. 1584.

St2 omits (+ 813). St2: 'to'. St2 omits (+ St3). Eg.: 'Henry' (+ Ha7, and below); Pet. has 'Henrie' marginally and additionally in another hand, apparently as a correction. See Commons sub Maynard, Henry. Eg. omits 'asked Mr Fleetwood' (+ Ha7). St2: 'pust'; Ha2: 'pisht' (+ Eg., Ha7). St3 omits 'but Mr . . . the greatest'. St2: 'that' (+ St3). i.e. since 1572: Bacon is counting parliaments, not sessions. St2: 'Anthonie'. FH: 'Stall' (+ Cam.). FH: '. . . prison; these wordes here [?]

1587. 1588. 1589. 1590. 1591. 1592.

1593. 1594. 1595. 1596.

uttered in Trynitie tearme'; Cam. has 'prison' rather than 'person'. FH: 'Parler'; Cam. omits and has 'committed for a'. See Commons sub Parry, William. FH adds 'on the right side of the chaire' (+ Gor., Cam., Pet., Eg., Ha7). St2 omits. Pet. adds 'noe' (+ Eg., Ha7, Cam., FH, Gor.). St2: Joyes. FH: '8d' (+ Cam.); Gor. omits. St2 omits; 813: '. . . and the courts if a man doe arrest . . .'. Twysden (Stowe 359 fos.288-v) reports that Holland and his servant Brook were to be imprisoned for five days or discharged on payment of the fees involved in the business: 'see my father's notes, pages 65, 66'. Cam. has '19' and '20' respectively. FH omits; St2: 'unsifted' (+ Cam?). St2: 'CortilT. St2: 'for' (+ St3).

409

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4io

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v.

The Tenth Parliament: 27 October-ig December 1601 ffor the erectinge and makeinge of a keye or hould in the northe partes of Devonshier'. An acte that noe persone or persones shall use the arte or misterye of poulters1597 in London or within 4O1598 myles therof unlesse he hath bene an apprentyce seaven yeares therunto, the ffirste tyme of readinge; and the Howse cryed 'Awaye with it', and put to the question ffor a second readinge and all cryed 'Noe, noe, noe'. An acte ffor the perfectinge1599 of the joyneture of Bridgett, countesse of Sussex by the right honorable the earle of Sussex and to the right honorable Anne his wyfe, now countesse. / Mr Comptroller said, 'I am to certifie yow of her Majestie's gladnes and willingnes to heare the acceptable newes that was delivered unto her ffrom1600 this Howse, of our humble and earnest desier all to see her Majestic and shewe our thanckfullnes. She commaunded me to tell yow that the reason of her lymitacion of haveinge a convenyent nomber was in that the place wherunto wee should come was not bigge enoughe to receyve us all. But she sayth that she is glad that ther is suche a simpathie betwixte her and us,1601 and she is well pleased that this afternoone at three a clocke we should attend her and without restraynte or lymitte we maye all come and be verye welcome.' An acte ffor the graunte of ffower subsedies and viije ffifteenes and tenthes graunted to her Majestic put to the question and ordered to be engrossed. It was concluded at three a clocke in the afternoone to meete1602 in the greate hall at White Hall, there to attend our Speaker to her Majestic. Mr Barrington brought in the1603 bill ffor sweareinge1604 to the Howse ffrom the committie. An acte ffor the avoydeinge of tryfelinge suites in lawe beinge engrossed it was put to the question ffor the passinge and was passed. An acte toucheinge Edward Nevill esquyer etc. was passed with a provisoe added to yt ffor saveinge of the right of the Ladye Vane and her sonnes.1605 The Speaker asked the Howse what it was their / pleasure he should deliver unto her Majestic, and Sir Edward1606 Hobbye stood up and said he thought it was best1607 he should devise that himselfe; the whole Howse would referre it to him. And all said, 'I, I, I'. In the afternoone the Commons attended the Queene at Whitehall aboute three of the clocke to the nomber of sevenscore.1608 At lenght the Queene came into the Counsell Chambre where sittinge under the clothe of estate at the upper end, the Speaker with all the Commons came in and after three lowe reverences made, he spake to this effecte.1609 'Most sacred, and more then moste gratious sovereigne, we your faythfull loyall and obedient subiectes and Commons her present, vouchesafed of your specyall goodnes (to our unspeakeable comforte) accesse to your sacred presence, doe in all dutye and humblenes come to present that which noe wordes


can expresse, our moste humble and thanckefull acknowledgmente of your most gratious message and moste bounden and humble thanckes ffor your Majestie's moste aboundant goodnes extended and performed to us. We cannot saye, moste gratious sovereigne, we have called and have bene harde, we have complayned and have bene helped; thoughe in all dutye and thanckefullnes we acknoweledge your sacred eares are ever open and ever bowed downe to heare us, and your blessed handes ever stretched out to releive us. Wee acknowledge, sacred sovereigne, in all dutye and thanckfulnes, we acknoweledge that before we call, your preventinge / grace and all-deservinge goodnes doth watche over us ffor our good, more readie to give then wee can desier, muche lesse deserve. That attribute which is most proper unto God, to performe all he promiseth, moste gratious sovereigne, Queene of all truthe, of all constancye, of all goodnes, never weryed in doeinge good unto us, the deedes themselves doe speake. That we must render unto yow, most zealous, most carefull to provide all good thinges ffor us, moste gratious, most tender to remove all greevances ffrom us, which1610 all your pryncelie accions have ever shewed and even nowe your moste gratious published proclamacion of your owne onlye meere motion and specyall grace ffor the good of all your people doth wittnes to us. We come not, sacred sovereigne, one of ten to render thanckes and the rest to goe awaye unthanckefull, but all of all in all dutye and thanckefulnes doe throwe dowrie our selves at the ffeete of your Majestic. Neyther doe we present our thanckes in wordes or anye outwarde thinge which can be noe sufFicyente retribution ffor soe greate goodnes, but in all dutye and thanckefullnes prostrate at your ffeete we present our moste loyeall and thanckfull hartes, even the laste dropp of bloode in our heartes and the last speritt of breathe in our nostrilles, to be powred out, to be breathed up ffor your safetye.' 1597. Eg.: 'poulterers' (+ Hay, Gor.). 1598. FH: 'two' (+ Cam.). 1599. FH: 'prosecuting'; Cam. has 'Essex' rather than 'Sussex' in this entry. 1600. St2: 'by' (+ Sts). 1601. FH omits. 1602. FH: 'to meete at three of clock'. 1603. St2: 'a' (+ 813). 1604. FH omits the rest of the sentence (+ Gor., Cam., Pet., Eg.); Hay omits the whole entry. 1605. St2: 'for saveing of the right honourable the Ladie Vance and her sonns' (+ 813). 1606. Cam. omits; FH omits 'Hobbye'. 1607. St2: 'fitt'. 1608. St2: 'fowerscore'; Eg., Hay, Pet., FH, Gor., Cam. incorporate what may have been Townshend's own account of the proceedings at this point, rather

than the version obtained subsequently. There is a note of explanation in Harl.y2O3, £360: 'Upon conference with some other copies of her Majestie's speeche on the xxxth of November, I finde this speeche compared with mine which is in folio [blank] etc delivered by her Majestic in answer to Mr Speaker's speeche to be most perfect. And also this ensueing speech of Mr Speaker's had from himselfe, being his originall, in these words, viz . . .'. These are the versions adopted at this point by Rawlinson, St2, St3, and Ha2 (in part): Townshend's own account is printed here on pp.494-6. 1609. Ha2 omits this introduction and the Speaker's speech. 1610. St2: 'with'.

411

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412


After three lowe reverences made, he with the rest kneeled downe, and her Majestic begane thus to answere her selfe, (viz.) / v.

'Mr Speaker, we have hard your declaracion and perceyve your care of our estate by ffallinge into the consideracion of a gratefull acknowledgment of suche benefittes as yow have receyved, and that your comeinge is1611 to present thanckes unto us which I accepte with noe lesse joye then your loves can have desier to offer suche a present. I doe assuer yow ther is noe prynce that loveth his subiectes better or whose love can counterveyle our love. Ther is noe Jewell be it of never soe riche a pryce which I sett before this Jewell, I meane your love;1612 ffor I doe more esteeme yt then anye treasure or riches, ffor that we knowe ho we to prize, but love and thanckes I counte unvaluable. And thoughe God hath raysed me highe, yet this I counte the glorye of my crowne, that I have reigned with your loves. This makes me that I doe not soe muche reioyce that God hath made me to be a queene, as to be a queene over soe thanckefull a people. Therfore I have cause to wishe nothinge more then to contente the subiecte, and that is a dutye which I owe; neyther doe I desier to lyve longer dayes then that I maye see your1613 prosperitye, and that's my onlye desier. And as I am that person which still yet under God hath delivered yow, soe I truste by the almightye power of God that I still shalbe his instrument to preserve yow ffrom envye,1614 peryll, dishoner, shame, tyrannic, and oppression, partlye by1615 meanes of your intended helpes, which we take verye acceptable £99 because it / manifesteth the largnes of your loves and loyaltyes unto your sovereigne. Of my selfe, I must saye this, I was never any greedie scrapinge grasper, nor a straight ffaste holdinge prynce, nor yet a waster, my harte was never sett on worldlye goodes1616 but only ffor my subiectes' good.1617 What yow doe bestowe on me I will not hoard it up but receyve it to bestowe on yow agayne. Yea, my owne propertyes I accounte yours to be expended ffor your good, and your eyes shall see the bestoweinge of all ffor your good. Therfore render unto them ffrom me I beseeche yow, Mr Speaker, suche thanckes as yow ymagine my harte yeildeth but my tounge cannot expresse.' Noate that all this while we kneeled, wheruppon her Majestic said: 'Mr Speaker, I would wishe yow and the rest to stand up, ffor I shall yett treble yow with longer speeche.' Soe we all stood up and she1618 went on in her speeche sayeinge: 'Mr Speaker, yow give me thanckes, but I dowbte me that I have more cause to thancke yow all then yow me, and I chardge yow to thancke them of the Lower Howse ffrom me, ffor had I not receyved a knowledge ffrom yow I might have ffalne into the lapse of an error onlye ffor lacke of true informacion. Since I was Queene, yet did I never put my penne to anye graunte but that

Journals:Townshend's journal, 27 October-iy December

413

uppon pretext and semblance / made unto me it was both good and beneficyall v. to the subiecte in general!, thoughe a pryvate profitt to some of my auntient servantes whoe had deserved well; but the contrarye beinge ffounde by experyence I am exceedinglye behouldinge to suche subiectes as would move the same at the ffirst. And I am not soe simple to suppose but that there be some of the Lower Howse whome these greivances never touched, and fFor them I thincke they spake1619 out of zeale to their countryes and not out of spleene or mallevolente affection as beinge partyes greived, and I take it exceedinglye gratefullye ffrom them because it gives us to knowe that noe respectes or interrestes had moved them other then the myndes they beare1620 to suffer noe diminucion of our honor and our subiectes' love unto us: the zeale of which affection, tendinge to ease my people and knitte their hartes unto me, I embrace with a princlye care, ffor above all earthlye treasures I esteeme my people's love, more then which I desier not to merrytt. That my grauntes should be greevious unto my people and oppressions to be privelidged under coloure of our pattentes, our kinglye dignitye shall not suffer it. Yea, when I heard1621 it I could give noe reste unto my thoughtes untill I had reformed yt. Shall they (thincke yow) escape unpunished that have thus oppressed yow and have bene repectles of their dutye, and regardles of our honor? Noe / noe, Mr f.ioo Speaker, I assuer yow were it not more ffor conscience sake then ffor any glorye or yncrease of love that I desier, these errors, troubles, vexacions, and oppressions done by these varieties and lewde persons, not worthie the name of subiectes, should not escape without condigne punishment. But I perceyve they dealt with me like phisicians whoe ministringe a drugge make it more acceptable by giveinge it a good aromaticall savor, or when they give pilles doe guilde them all over. I have ever used to sett the last judgment daye before my eyes and soe to rule as I shalbe judged to answere before a higher judge, to whose judgmente seate I doe appeale, that never thoughte was cherished in my harte that tended not unto my people's good. And nowe yf my kinglye bountye have bene abused and my grauntes turned to the hurtes of my people contrarye to my will and meaneinge, or1622 yf any in authoritye under me have neglected or perverted what I have committed to them, I hope God will not laye their culpes and offences to my chardge; whoe thoughe ther were daunger in repealinge our grauntes, yett what daunger would I not reyther incurre ffor your good then I would suffer them still to contynue. I knowe the tytle of a kinge is a glorious tytle, but1623 assuer your selfe that the shineinge glorye / of v. princelye authoritye hath not soe dazeled the eyes of our understandinge but that we well knowe and remember that we alsoe are to veild an accounte of 1611. 1612. 1613. 1614. 1615. 1616. 1617.

St3 omits. St2: 'loves'. St2 omits (+ Stj). St2: 'everie'; 813: 'any'. St2: 'be'. St2: 'gods'. St2 omits 'but only ffor my subiectes' good' (+ 813); Ha2: 'goodes'.

1618. 1619. 1620. 1621. 1622. 1623.

St2: 'wee'. St2: 'speake' (+ St3). St2: 'have'. St2: 'heart'. St2: 'for' (+ St3); Ha2: 'and'. Ha2 adds T.

414

f.ioi

v.


our accions before the greate Judge. To be a kinge and weare a crowne is a thinge more gloryous to them that see yt then it is pleasinge to them that beare yt. For my selfe, I was never soe muche entysed with the gloryous name of a kinge or royall aucthoritye of a queene as delighted that God hath made me his instrumente to maynteyne his truthe and glorye, and to deffend this kingdome, as I said, frrom peryll, dishonor, tirannye and oppression. There will never queene sitt in my seate with more zeale to my countrye, care to my subiectes, and that will sooner with willingnes ventuer her lyfe fFor your good and safetye, then my selfe, fFor it is not my desier to lyve nor raigne longer then my lyfe and raigne shalbe fFor your good.1624 And thoughe yow have had and maye have manye prynces more mightie and wyse sittinge in this seate, yett yow never hade or shall have anye that wilbe more carefull and loveinge. Shall I ascribe anye thinge to my selfe and my sexiley weaknes? I were not worthie to lyve then, and of all most unworthie of the mercyes I have had ffrom God, whoe hath ever yet given me a hearte which never yet fFeared fForeyne / or home enemye. I speake it to give God the prayes, as a testimonye beFore yow, and not to attribute any thinge unto my selFe, fFor I, o Lord, what am I, whome practises and perylls paste should not fFeare, or what can I doe?' (These wordes she spake with a greate emphasis.) 'That I should speake fFor any glorye, God fForbid. This, Mr Speaker, I praye yow deliver unto the Howse, to whome hartelye recommend me, and soe I committe yow all to your best fFortunes, and fFurther counsells. And I praye yow, Mr Comptroller, Mr Secretarye, and yow oF my Counsell, that beFore these gentlemen departe into their countryes yow bringe them all to kysse my hand.'1625 i December Tuesdaye.1626 The bill fFor drayninge1627 oF fFennes is committed. The bill fFor explanacion oF the statute oF 8 Elizabeth toucheinge hattes and cappes brought in with the amendementes. An acte to avoyde ydlenes and to set poore aworcke. The bill oF Llandonerer1628 was read and as it was1629 put to the question I stood up to speake agaynste it accordinge to the tenor oF a noate given me by Mr John Stepneth,1630 an honeste younge gentleman oF Lincolne's Inne. The efFect theroFis at the parleamente xxvijth 1631 Henry 8, cap. 261632 the shiers in Wales were devided / and the land oF Lour1633 limytted in Pembrookeshier; at the parleamente xxxiiijth 1634 Henry 8, cap. 281635 CaustifFan, Usterloys and Laugherne1636 (by the said fFormer acte1637 beinge in Pembrookeshier) was by the said laste acte appoynted in Cermarthen, since which tyme the lande oF Lour hath bene reputed in Carmarthinshire. William Phillips1638 oF Picton,1639 seised oF the said landes oF Lour and haveinge yssue two dawghters, (viz.) Elizabeth and Marye, died soe seised. Elizabeth beinge marryed to George Owen esquyer and Marye to Alban Stepneth1640 esquyer, the said George and Alban1641, without the consent oF their wyves and by the constraynte oF Sir John Parott1642 knight levyed a fryne to Morgan Phillips1643 of the said land of Lour in Carmarthenshier, wheras it is in Pembrookeshier. Soe that the entent

Journals:Townshend's journal, 27 October-iQ December

of the bill preferred by John Phillips (who seinge his estate voyde), is to strengthen his estate and to overthrowe the right, tytle and interrest of the said George; which beinge shewed to the Howse and beinge put to the question the greater voyce was 'Noe, noe, noe', and soe the bill was reiected. Amendementes in the bill of blasphemous1644 and usuall swareinge were read and passed to be engrossed.1645 To this bill Mr Glascocke spake. 'Man is made of two1646 partes, a sowle and a bodye, and ther are1647 two govermentes, the one ymperiall, the other / sacerdotiall, the ffirst belonginge to the common welth, the second to the Churche. Swareinge is a thinge morall and toucheth the soule and therfore fFitter to be spoken of in a pulpet then a parleamente. Yf the God of Abraham, the God of Jacob and the God of Isaacke hath sworne that his plague1648 shall not departe ffrom the howse of the swearer, whie should not wee seeke to represse this vyce which bringes a plague1649 which breedes mortallitye, that breedes destruction, dessolacion and the utter ruyne of a common welthe? Yf he fforbid us to sware and we ffeare not his comaundementes, thincke yow a payne of xs,1650 which is here sett downe, will make us reffrayne this iniquitye? I maye speake of this bill as a paynter which made a moste arteficyall table of the waves of the sea soe livelye that to judgemente it seemed the verye sea.1651 Another paynter in the same table paynted a tree soe livelye as possible1652 might be groweinge, as it were, out of the sea. There grewe a question which was the moste curious1653 1624. St2: 'for it is my desire to live nor raigne no longer then my life and raigne shall bee for your good' (+ St3). 1625. Twysden (Stowe 359, f.289) does not spend much time on the deputation to the Queen and the speeches of the Speaker and Elizabeth herself. He records the events and the fact that there are many copies of Elizabeth's speech, differing because they were taken by several hands, and referring his reader to Camden as his own preferred version of the Queen's statement of her love for the subject. 1626. Binding obscures date. 1627. FH: 'ordering' (+ Cam.). 1628. St2: 'Londoneerers'; FH: 'Clandover'; Gor.: 'Landoner' (+ Cam.); Pet.: 'Llandonover'; Hay: 'Llandoverer'. 1629. St2 omits. 1630. St2: 'Skipweth'; St3: 'Stepney'. 1631. Hay: '6'. 1632. St2: '28'. See 2y Hen. VIII, c.26 (1535-6) in SR, iii.563-9, esp. p.56y. 1633. SR: 'Llandofloure'; FH: 'Clandover'. 1634. FH: '38' (+ Cam.).

1635. Recte '26'; Hay omits 'cap. 28'. See 34 Hen. VIII, c.26 (1542-3) in SR, iii.926-3y, esp. p.936. 1636. SR: 'Llanstiffan, Usterloys and Langham'. i63y. FH: '. . . 28 the same by the former act'. 1638. FH: Telpe' (+ Cam.). 1639. St2: 'Puton' (+ St3). 1640. St2: 'StepnelT (+ St3). 1641. St2: 'Albion'; Cam.: 'Abban' (and above). 1642. FH: 'Periot' (+ Cam.). 1643. FH: 'Phelees'? (+ Cam.). 1644. St2: 'blasphemies'; 813: 'blasphemie'. 1645. St2 ends the sentence at 'bill' (+ 813, Cam., Ha2, Pet?). 1646. St2 omits (+ 813). i64y. St2 omits (+ Cam.). 1648. St2: 'plauge' (+ Cam.). 1649. St2: 'plauge' (+ Cam.). 1650. Cam.: '. . . and wee sweare thinke you not his comandements but a paine of x s> . 1651. Pet. omits 'so livelie . . . the verye sea' (+ Eg., Hay). 1652. Ha2: 'possibly'. 1653. St2: 'cunning'.

415

f.IO2

4i6

The Tenth Parliament: 27 October-19 December 1601

worckemanshippe and the decidinge of this controversie was referred to the judgmente of a third skilfull paynter whoe gave his judgment of the tree thus: "O valde bene,1654 sed hie1655 non erat locus." Soe maye I saye of this bill it is as hard ffor this penaltye to restrayne this sinne as ffor religion to springe out of v. / the common lawe and to take effect. Aristotle saith that a man maye be bonus1656 civis, and yet not bonus vir,1657 and thoughe I abhorre the sinne, yet I denye not but the sinner maye be a good member. Moyses when he sawe God could1658 but see his backe partes onlye and noe man ever sawe more; which these swarers sware by all his partes so perfectlye as thoughe they had scene him all over.1659 Phillip Kinge of Fraunce made a lawe that the swarer should be drowned. Another lawe was made that a certeyne some should be payde presentlye as soone as he had sworne, or els the swarer to loose his head.1660 We use soe muche lenitye in our1661 lawe that as good make noe lawe, ffor we give a penaltye and to be taken uppon conviction1662 before a justice of peace. Here is wyse stuffe. First, marcke what a justice of peace is and we shall easilye ffinde a gappe in our1663 lawe. A justice of peace is a liveinge creature that ffor halfe a dozen of chickens will dispence with1664 a whole dozen of penall statutes. We serche and engrosse, they retayle. These be the baskett justicees of whome the tale maye be verefyed of a justice that I knowe to whome one of his poore neighbours comeinge said, "Sir, I am verye highlie rated in the subsedie booke, I beseeche yow to helpe me." To whome he £103 answered, "I knowe the not." "Not me, Sir", / quoth the country man, "whie your worship had my teeme and my oxen suche a daye, and I have bene ever at your worshipped service." "Have yow soe, Sir", quothe the justice, "I never remember I had any suche matter, noe not a sheepe's tayle." Soe unles yow offer sacrifice unto these idoll justicees of sheepe and oxen they knowe yow not. Yf a warrante come ffrom the lordes of the Counsell to levye a hundred men he will levye 200, and what with choppinge in and crossinge1665 out, he'le gayne a c11 by the bargayne. Naye, yf he1666 be to send fforthe a warrante uppon a man's request to have any ffetche in uppon suspition of ffellonye or the like, he will wryte yow the warrante himselfe and yow must putt ijs in his pockett as his clarcke's ffee (when God knowes he keepes none but 2 or 3 hindes) ffor his better mayntenance. Whie, we have paste here fryve1667 bills, of swareinge, goeinge to Churche, good ale, drunckennes, and . . . This is as good to them as yf yow had given them a subsedie and two ffifteenes. Onlye in that poynte I mislike the bill; ffor the reste I could wishe it good passage.' Sir Francis Hastinges amongst other speeches to this bill said that suche justicees were well worthie to be1668 lockte up in an ambrye. But he wishte that v. all might not be censured / ffor one evell, whoe thoughe he neglected the care both of conscience and countrye which he shoulde love, yet dowbtlesse manye did not soe, as beinge touched in conscience to remember that over1669 long peace should make us carefull to please him in doeinge of justice that had preserved us and was the authore of our peace, God himselfe,1670 etc. Soe the bill was put to the question and ordered to be engrossed.


Mr Wyseman moved the Howse two1671 remember two thinges, one that it had bene an antient custome in Parleamente sometymes to call the Howse,1672 which as yett was not done, the other that wheare heretofore a collection had bene used ffor the poore, that those which went out of towne would aske leave of the Speaker and paye his1673 monye. Sir Edward Hobbie said, 'The gentleman that laste spake moved yow, but I would remove yow a little ffurther. Maye it please yow it hathe bene a moste laudable useage1674 that some contribucion or collection should be made amongst us in pios wsws,1675 and I humblye praye that we do not fforgett our parliamentall1676 charitye. Every knight payde xs 1677 and everye burgesse vs, parte of the whole to the minister, parte to your servante here and parte to the poore, the reste at your disposementes. The laste tyme our charitye ransomed a prysoner / ffor the ffather's good deserte. The laste tyme Sir Roberte Wrothe1678 and Mr Phetiplace1679 were collectors; it restes in yow eyther to appoynte them or choose others.' Mr Phetiplace said, 'It is true, Mr Speaker, I was collector the laste yeare. There was payde out of the monye collected, to the minister x1', to the Sergeante xxx1', to Mr John Levison1680 ffor the redemption of Mr Foxe's sonne that made the Booke of Martyrs xxx1'.1681 There was monye given to seven prysoris, that is to the two Counters, Ludgate and Newgate in London, in Sowthwarcke two, and Westminister one. Howe ould the custome is I knowe not, but howe good it is I knowe. For my owne perticuler, haveinge once undergone that servyce alreadye I humblye praye that it would please yow to accepte another.' Mr Tate said, 'Charritye proceedinge frrom conscience and not ffrom custome breedes obedyence to God and pleaseth God', and soe went on and

1654. 1655. 1656. 1657. 1658. 1659. 1660. 1661. 1662. 1663. 1664. 1665.

1666. 1667. 1668.

St3 omits '0 valde bene'. FH: 'exic'C?); 813: 'm'. St2: 'bonis'. St2: 'bonans ver. Aristotle, Politics, III, ii.i-3St2: 'would' (+ St3). Ex. 33.23. St2: 'hand' (+ 813). FH: 'much lymiting our' (+ Cam., Gor.). Cam.: 'comission'; Hay: 'condition'. FH: 'more' (+ Cam.). Cam.: 'forth'. St2: 'ingrossing' (+ 813); FH: '. . . chopping in hand crossing' (+ Cam.). St2 omits. Gor.: 'foure', and omits dotted ommision marks. FH omits 'well worthie to be'.

1669. St2: 'our' (+ 813, Cam., FH, Gor., Ha2). 1670. FH omits 'God himselfe'. 1671. Sic. 1672. Wiseman is apparently concerned to maximize attendance, and had complained about absence on 4 November (Rutland case). 1673. St2: 'their' (+ St3 Ha2). 1674. Ha2: 'custom'. 1675. St2: 'pious uses' (+ 813). 1676. 813: 'parliamentary'. 1677. Ha7 unclear. 1678. Cam.: 'Worth'. 1679. See Townshend's journal for 1597, f.iSv for these collectors and the amounts. 1680. Cam.: 'Heveson'. 1681. See Townshend's journal for 1597, fos.i8v-i9 for these details.

417

£104

4i8


spake ffor a towne in his cuntrye latelye burnte, but what towne I knowe not, that it would please the Howse to contribute some thinge1682 to the poore's losse. Roger Downes brought in the bill ffor Rattesdale1683 with amendementes. v. An acte ffor assuraunce of a joynture to / Lucie, Countesse of Bedforde, beinge engrossed, paste the Howse and was sent up to the Lordes. An acte ffor the denizacion of certayne persons, viz. William Myllett,1684 Anne Pope, George Chambers,1685 Peeter Eton, Nicholas Eton,1686 Nicholas Tooley, beinge engrossed past the Howse and sent up to the Lordes with the other. An acte ffor the confirmacion of divers lettres pattentes made by Kinge Edward 6 to Sir1687 Edward Seymor Knight his grandfather beinge engrossed, passed and sent up to the Lordes with the other bills. An acte ffor the better1688 observacion of certayne1689 orders in the Exchequer engrossed and passed and sent with the other billes to the Lordes. An acte ffor avoydeinge of tryfelinge1690 suites in lawe, engrossed, and passed and sent with the other bills to the Lordes. Sir Roberte Wrothe1691 said, 'Mr Speaker, the use hath bene that the generall billes should be ffirst read and then the pryvate actes, and [they]1692 which carrye them to give some breefe comendacion of them.' Mr Speaker said, 'Whoe shall carrye these billes?' All desired that Mr Comptroller and Mr Secretarye Herbert would be pleased to present them.1693 £105 Sir Walter Raleighe brought in the bill / for shoppbookes with some amendmentes. One was in the title, ffor that it was thought to be an ymputacion to merchantes. 'Another thinge I would move the Howse in', said he, 'and that is that ther might be a proviso [for] somes under vh, but because the greater parte of the committies were agaynst yt, I thought to move it here.' And all the Howse cryed 'Noe'. Mr Tate brought in the bill toucheinge Sir Anthony e Maynye, to which Mr Johanes1694 of Graye's Inne excepted and shewed that his wyfe was a Mayney and that thoughe himselfe were ffarre of in1695 remaynder yet it would please the Howse to excepte his righte, ffor nihil sapit qui sibi non sapit, 'and therfore I presume to speake ffor my selfe, and I hope the Howse will not give passage to the bill.' Mr Boyes shewed that he was soe ffarre of as at least in the xvijth degree.1696 And soe the Howse bidde to the question, and all cryed 'I, I, I'. Mr Davyes brought in the bill ffor Paynter Stayners, ffor the remedie of certayne abusees by the Playsterers to the preiudyce of that companye. He shewed that this bill was preferred the laste parleament,1697 and uppon specyall suite of the cittizens of London of1698 this Howse the bill was lett slippe1699 and v. a proviso that the Lord Mayore should ffmallye order / yt betwixte the two companyes. 'But after the same parleamente was done, the Playsterers wente ffrom their wordes,1700 soe nowe the poore men complayne to yow ffor redresse. And since the begininge of this parleamente the Playsterers are contented1701 to enter into bond, but they will1702 breake that to, noe dowbte,

Journals:Townshend's journal, 27 October-iy December beinge but of smale value. And ther trade yf it be not helped by us will goe downe, which is the ffmest trade in the world, ffor courtyers, lordes, carles, yee kinges1703 and emperors have used it. They onlye desier to worcke in oyle as beinge a thinge incident to their trade, to make pictures by the lyfe, to drawe armorye and paynte in glasse1704 worcke, howseinge and the like. Nowe of1705 a hundred prentizes not flower come to the perfection of paynteinge1706 by the lyfe, and all their trade and gayne is by the other playsterers nowe usurped, whoe are onlye1707 to meddle with lome,1708 morter and the like, yett the Paynter Stayners have given leave unto them to use their ffower principall colours,' etc. Mr Spicer said, 'As I wishe that noe man should meddle with another's businesses, soe [I wish] that noe trade one with another's misteryes. I knowe the coloures belonge to Paynters, and grosse and growndworckes1709 to Playsterers;1710 and brieflie, Mr Speaker, quam quisque noritl7n artem in hac se exerceat.1712 Soe it was putt to the question ffor the engrossinge and all cryed 'I, I, I'.1713 / The amendmentes were read in the acte to avoyde the dowble payment of debtes uppon shoppebookes. Mr Beeston shewed howe good this bill would be to keepe younge men rrrom runinge to ffarre in debte and avoyde dowble payment. He gave an example of a mercer that gave a peece of velvett ffor a kindnes done, and dyeinge xvj yeares after the deliverye, the executor of this man sued the gentleman. Hee desired to see the booke and therin was entred,1714 'Delivered suche a daye to suche a man soe muche.' The gentleman did advyse with his counsell what to do. They tould him, noe remedye but to wage his lawe, the 1682. 1683. 1684. 1685. 1686. 1687. 1688. 1689. 1690. 1691. 1692. 1693.

1694.

1695. 1696. 1697.

St.2: 'somewhat' (+ 813). Cam.: 'Ratchdale'. Ha2: 'Mallett'. St2: 'George Pope Chambers'. Hay omits 'Nicholas Eton'. St2 omits 'Edward 6 to Sir'. St3 omits (+ FH). FH: 'better'. FH adds 'and idle'. Cam.: 'Worth'. From other MSS. Eg.: 'All sayd Mr Comptroller and Mr Secretarye Herberte' (+ Pet., Hay, Gor.); FH: '. . . Herbert should carry them and present them to the Lordes'. St2: 'Jones' (+ 813, Ha2, Gor.); Pet.: 'Johnes' (+ Eg., Cam.); Hay: 'Johnson' (+ FH). St2: 'in of. Ha2 omits. See Dean 'Bills and Acts', pp.221-4 for the bill's progress here and reference to the bill in 1597.

1698. St2: 'to' (+ Sts, FH). 1699. Gor.: 'sleepe'. lyoo. FH: '. . . went from the promise they had made to stand to the said order'. iyoi. Stz: 'intended' (4- 813). 1702. St2: 'all'. 1703. St2: 'knightes'. 1704. Eg.: 'grosse' (+ Pet., Ha7, Gor.); Cam.: 'glasworke'. 1705. St3: 'if (+ Pet.). 1706. St3: 'printinge'; Eg.: 'drawing' (+ Pet., Ha7, Gor.). 1707. Eg. omits (+ Pet., Ha7, Gor.). 1708. Cam.: 'lyme'. 1709. St2: 'gombd worke'. 1710. St2: 'plaisteries'. 1711. St2: 'novtf. 1712. Taverner's edition of Erasmus, Adagia 1569 (1977 edn.), f.3iv. 1713. Eg.: 'Ay, ay, ay was the greater number' (+ Pet., Ha7, Gor.). 1714. Eg. omits (+ Pet., Ha7, Gor.).

419

£.106

42O

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The Tenth Parliament: 2j October-ig December 1601 manner wherof beinge tould him, rayther then he would have his creditt drawne in question, he payde it. He ffurther said they have two kinde of bookes: the one where the perticulers be, and that uppon paymente is lightlie1715 crossed; the other generall, where the grosse some is, and that is called the booke dormant, out of which yf yow see not your selfe crossed perhappes yow or your executors maye paye fFor it xxtie yeares after. It was put to the question and the Howse beinge devided the I, I, I had 154 and the noes 88, so the I, I, I gott it, 66. Mr Speaker said, 'First, I am by her Majestie's / commission to make reporte unto yow of that notable and excellent speeche which her Majestic delivered. I shall deliver unto yow but a shadowe of that substance, but I greatlye reioyce that soe manye were there present whoe are well able to supplye to others the true reporte of her Majestie's speeche. It pleased her Majestic to shewe in what gratious parte she accepted our1716 loyaltie. She said she reioyced not soe muche to be a queene as to be a queene over soe thanckefull a people, and that God had made her a meanes to save us fFrom shame, tirannye and oppression. She did accepte of our intended present which, she said, manifested our love and loyaltye, most gratiuoslye afrirminge that she never was anye greedie griper or ffaste holder, and what we did present, she would not hoord it up but our eyes should see the bestoweinge of yt.1717 For the thanckes which was yeilded ffor the greate regard of us she willed me to returne her thanckes to yow most gratiuoslye, and to tell yow that her harte never inclyned to passe any graunte but uppon suggestion that it was ffor the good of her subiectes; and nowe that the contrarye hath appeared she tooke it gratiouslye that the knowledge therof came fFrom her subiectes. She ever sett the laste judgment before her eyes, and never thought arose in her but ffor the good / of her people. Yf her grauntes were abused to their hurte againste her will, she hoped God would not laye their culpes and offences1718 to her chardge, and the principal! members not touched. And had it not bene ffor these her good subiectes, she had ffalne ffrom lapse into error. Those that did speake she thought spake out of noe spleene or displeauser to the grauntes, but to deliver the greife of their hartes, which above anye earthlie pleasure she respected. She said she was not allured with the royall authoritye of a kinge, neyther did she attribute anye thinge unto herselfe, but all to the glorye of God. She said the cares and trebles of a crowne are knowne onlye to them that weare yt, and were it not more ffor conscience sake then ffor any desire1719 or wante of disposicion in her, these pattentes1720 should not escape without condigne punishment. She desired not to raigne longer then that her govermente and raigne should be ffor our good. She said we might well have a prynce of more wisdome and sufficiencye, but of more love and affection we should never have. Her Majestie delivered a comaundemente to Mr Comptroller and Mr Secretarye that the gentlemen of the countrye should be brought to kisse her hande before they departed.' The amendmentes in the bill of paynteinge was read and Mr Lythe stood up and said, 'Mr Speaker, wee have bene trobled with two P P this parleament,

Journals:Towishend's journal, 27 October-it) December

that is the Paynters and the / Playsterers. Methinckes a third P would doe well, and this is put it out of doores.' Le Daveis1721 said, 'Lett me adde the next letter, Q, to end this controversie, and I praye it maye be put to the question, or ells one of his P, that it maye be passed.' The bill toucheinge periurye and subornacion of periurye was read and committed to the Middle Temple Hall on Thursdaye1722 in the afternoone. 2 December, Wenesdaye.1723 An acte ffor certayne orders amonge watermen. An acte ffor explanacion of the statute of xxiij of Elizabeth toucheinge recusantes was committed to the Courte of Wardes1724 tomorrowe in the morninge.1725 An acte to prohibite transportacion of iron ordynance beyond the seas. An acte ffor the assureinge of the patronage of the viccarage of Rotherstone to Thomas Venables esquyer. Mr1726 Francis Moore brought in an acte ffor conformacion of a charter graunted by Kinge Edward the Sixte to the Cittye of London toucheinge Ste Bartholomewe's, Brydewell, and Ste Thomas Apostles. It was put to the question and after committment it was ordered to be engrossed. An acte ffor the amendinge of a common roade waye called Dowble Sole1727 Greene1728 betwene Kentishe Towne and the Cittye of London. An acte to reforme the common abuses in weightes and measures by the defaulte of the / clarcke of the markett and other officers,1729 to which Mr Fretswicke,1730 knight of Darbisheer, spake.1731 'In that I speake,1732 beinge least worthie, I hope it wilbe deemed to proceed ffrom affection, not presumption. Besides I have learnte it ffor a rule in this Howse, it is better to venture creditt then conscience. There are three thinges to be considered in this bill, the ynconveniencye, the necessitye of the remedye, and the convenyencie of punishmente. For the ynconveniencye, noe man but knowes it, whoe knowes the state of his countrye.1733 In myne ther is nothinge more generallye 1715. Eg.: 'likely' (+ Hay). 1716. Cam.: 'her'. 1717. Eg. omits 'up but our. . . of yt' (+ Pet., Hay). 1718. St2 omits 'and offences'. 1719. Eg.: 'desert' (+ Pet., Ha7, Gor.). 1720. Sic (+ St3); St2: 'pattentees' (+ other MSS). 1721. Sic (+ St2, 813); Ha2: 'Lee Davies'; Cam.: 'Mr Davies' (+ Pet., Eg., Ha7, FH, Gor.), Commons: John Davies. 1722. St2: Tuesdaie' (+ St3, Ha2). 1723. St2, St3 start this day with the recusants bill, FH with the ordnance bill. The appendices of bills all place the watermen's bill on this day, though FH's appendix does not date it.

1724. Pet.: 'm Curia Wardorum (+ Eg., Ha7, Gor.). 1725. 23 Eliz., c.i (1580-1), in SR, iv.657-8. 1726. Cam.: 'Sir' (+ FH). 1727. 813: 'Scale'. 1728. Gor. omits. 1729. FH adds 'by the which many have been much abused'. 1730. St2: 'Fleetwood'; Commons: Peter Fretchvile. 1731. St3 omits. 1732. St2: 'spake'. 1733. Ha2: 'noe man but knowes the state of his countrey'.

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complayned of then the inequallitye of measures, ffor the riche have two measures: with one he buyes and engrosseth corne in the countrye, that's the greater, with the other he retayles it at home1734 to his poore neighbors, that's by the lesser. This is to the greate and iuste complaynte of all etc.' Soe after manye other matters moved uppon statutes,1735 the bill was committed to Satordaye in this Howse. An acte ffor the more dilligent1736 resorte to church uppon Sondayes. To this bill Mr Roger Owen spake and said that he misliked the bill ffor two respectes, the one ffor the penaltie, the other in respecte of the partye punisheinge, that is the justice. 'For the ffirste, the penaltie is xijd. It is well knowne that the v. poorest recusante in England ought / as well as the riche to paye his xx1' and ffor wante of landes and goodes his bodie is lyable, and therfore we shall dowble punishe him, which is agaynst the lawe. For the other, toucheinge the justice, I thincke it to greate a treble, and they are even loaden with a nomber of penall statutes, yea, a whole alphabett, as appeares by Hussey in the tyme of Henry y.1737 And this is a matter so obvious that a justice of peace his howse wilbe like a quarter sessions with the multitudes of these complayntes. I thincke alsoe it is an infringment of Magna Charta ffor that gives tryall per pares but this by two wittnesses before a justice of peace, and by this statute yf a justice of peace come into the quarter sessions and said1738 it is a good oathe, this is as good as an inditement. Therfore ffor my parte awaye with the bill.' Sir Francis Hastinges said, 'I never in my lyfe heard justices of peace taxed before in this sorte. For ought I knowe justices of peace be men of quallitye, honestie, experyence and justice. I would aske the gentleman that laste spake but two questions, the ffirst yf he would have anye penaltie at all inflicted, the second yf in the ffirst statute or in this an easier waye ffor the levyeinge of this xijd. If he denye the ffirst I knowe his scope, yf the second noe man but himselfe will denye it. And to speake soe in both is neyther gravelye, / £.109 religiouslye nor rightlie1739 spoken, and therfore ffor God, the Queene, and our countrye's sake1740 I beseeche it maye be committed.' Sir Carey Reynoldes1741 said, 'The Saboth is ordayned ffor ffower causes, ffirst to meditate on the omnipotencye of God, second to assemble us together to give God thanckes, thirdlye that we might better be enabled to ffollowe our owne affayers, ffowerthlye that we might hallo we that daye and sanctifie the same. Kinge James the 4th in the yeare 1512 and Kinge James the 6th1742 in the yeare 1579 or I5971743 did erect and rattefie a lawe, that whoesoever kepte eyther ffayer or markett uppon the Saboth that his moveables should presentlye be given to the poore. Men1744 gatheringe but of stickes was stoned to deathe, because that was thought to be a kinde a1745 prophanacion of the Saboth. In Fraunce a woman reffrayninge to sanctefie the Saboth, fryer appeared in the ayer. This moved her not. It came the second tyme unto her howse and yett it moved her not.1746 It came the third tyme, and devoured all that ever she had, onlye a little child in the cradle excepted. But to come neerer our selves, in the yeare 1583 the howse of Paris Garden by Code's iuste judgment ffell downe as they were at the bare bayteinge the xxiijth of Januarye, on a Sondaye,


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and 400 persones sore crushed, yet by Code's mercye onlye viijth1747 slayne out right.1748 / I would be an humble suitor to the honorable that sitt aboute the v. Chayer that this brutishe excersie1749 maye be used on some other daye, and not uppon the Saboth, which I wishe with my harte maye be observed, and dowbte not but greate reformacion will come yf this bill passe. To the better effectinge1750 whereof I humblye praye that yf ther be ymperfections in yt it maye be committed.' Sir George Moore said, 'I have read that the tounge of a man is soe tyed in his mouth that it will stirre1751 still, it is tyed deepe in the stomacke with certayne stringes which reache1752 to the harte to this end, that what the harte doth offer, the tounge maye utter, what the harte thincketh, the tounge1753 maye speake. This I knowe be true, because I ffmd it in the Word of truthe (out of the aboundance of the harte we speake). For the gentleman that soe muche inveighes agaynste justices, it maye be it proceedes out of the corruption of his harte;1754 howesoever I meane not to serche it, or answer him, onlye I turne him to Salomon and meane to answere him with1755 silence (soe foole [by]1756 craft).1757 Without goeinge to churche, or doeinge Christians' dutye, we cannot be religious, and by religion we learne both our dutyes to God and to the Queene.1758 In doeinge our dutye to God1759 we shalbe better enabled to doe our dutye to our prynce, and the Word biddeth1760 us that we should give to God which is due to God1761 / et Caesari quae sunt Casearis.1762 Amonge f.no manye lawes which we have, we have none ffor constraynte of Code's service. I saye none, thoughe one were made in primo of this Queene, because that lawe is noe lawe which takes noe fforce, ffor executio legis vita legis. Then lett not us give sutch1763 cause of comforte to our adversaryes that, haveinge drawne a bill in question ffor the servyce of our God, we should stand soe muche in 1734. FH: 'retayles and returnes at home'. 1735. St2 omits 'uppon statutes' (+ St3, Ha2). 1736. FH: 'general!'. 1737- See YB, i Hen. VII, f-31738. Sic. Pet.: 'say' (+ other MSS). 1739. FH: 'wisely'. 1740. MS repeats 'and therfbre'. 1741. Eg.: 'Rawley' (+ Pet., Ha7); see Commons sub Reynell, Carew. 1742. St2 omits 'the 6th'. 1743. Gor. omits 'or 1597'. 1744. Sic (+ Pet., Eg., Ha7, Gor., though this last has 'were' afterwards); St2: 'A man' (+813, Ha2, Cam., FH). 1745. Sic. other MSS: 'of (FH: 'to be a prophanation'). 1746. Gor. omits this sentence. 1747. Sic.

1748. The incident is referred to by Neale, EP, ii.58. 1749. Sic. other MSS: 'exercise'.

1750. FH: 'perfecting'. 1751. Eg. adds 'and yet not soe tyed that it will stirre' (+ Pet., Ha7, Gor.). 1752. Ha7: 'rest'. !?53- Gor. omits 'maye utter, what the harte thincketh the tounge'; the reference is to Mat. 12.34. 1754. FH: '. . . of the aboundance of his hart, I meane corruption'. 1755. St2 omits. 1756. From other MSS. 1757. Tilley, p.231 cites Lyly's Euphues, The Anatomy of Wit. 1758. St2 omits 'and to the Queene' (+ St3). 1759. St2 omits 'In doeinge our dutye to God' (+ Sts). 1760. Eg.: 'bindeth' (+ Pet., Hay). 1761. Gor. omits 'which is due to God'. 1762. Mat. 22.21. 1763. Eg. omits 'give sutch' (+ Ha7).

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The Tenth Parliament: 27 October-ig December 1601 questioninge the same. Once a moneth comeinge to churche excuseth us ffrom danger of the lawe, but not ffrom the comaundemente of God, whoe saith, "Thou shalt sanctiflye the Saboth daye", that is every Saboth.1764 This bill tyes everye1765 subiecte to soe muche, and noe more, which beinge agreable with the lawe of God, and the rule of policye, I see noe reason we should stande soe strictlye in giveinge it a committment.' Mr Bond said, 'I wishe the Saboth to be sanctefyed accordinge to the precise rule of Code's commaundementes, but I wishe that Ste Austin's rule maye be observed in the manner, non jubendo, sed docendo, magis monendo*766 quam minando.m7 I like not that power should be given to the justices of peace, ffor whoe almoste are not greived at the luxuriant authoritye of justices of peace?1768 By the statute i Edward 31769 they muste be good men, and lawfull, noe maynteyners of evell, but moderate in execucion of lawes, ffor maiestrates be men, and men have alwayes attendinge of them two ministers, libido*770 et imcundia. I Men of this nature doe subiugate the ffree borne subiecte, clarckes can doe muche, children more, and wyves moste. It is dangerous therfore to give authoritye in soe dangerous a thinge as this, which I hould worth your second thoughtes, quae solent esse prudentiores. Her Majestic all the tyme of her raigne hath bene clement, gracyous, meeke, and mercifull, yea, chooseinge reyther delinquere, I knowe not howe to terme it, in lenitye, and not in crueltye. But by this statute ther is a constraynte to come to devyne servyce, and ffor neglecte all must paye, plectuntur Achivi.1771 The poore comunaltye, whose strenght and quyettnes is the strenght and quyettnes of us all, he onlye shalbe punished, he vexed, ffor will anye thincke that a justice of peace will conteste with as good a man as himselfe? Noe, this age is to wyse. I leave yt to this Howse whether it stand with pollecye, when ffower subsedyes and eight ffifteenes be nowe1772 graunted, to bringe the poorer sorte into a greater ffeare by these and suche like lawes as mains custos diuturnitatis metus. And in the gratious speeche which her Majestic latelye delivered unto us, she used this, that she desired to be beloved of her subiectes. It was a wyse speeche of a wyse prynce, ffor an historyan saythe, "Timor1773 excitat in vindictam". Therfore Mr Speaker I mislike the bill in that poynte, toucheinge justices, as alsoe toucheinge taxacion, and I / will onlye saye thus muche, with Panutius in the Niceene Counsell, "Absit quod tarn grave iugum fratribus1774 nostris imponamus" .'1775 Mr Comptroller said, 'I am sorrye after 43 yeares under her Majestie's happie goverment that we shall nowe dispute or committe a bill of this nature, and I wounder that any voyce durste be soe bould or desperate to crye awaye with this bill. The ould statute gives the penaltie, this newe onlye speedie meanes to levye it. I muche merveyle that men will or dare accuse justices of peace, ministers to her Majestic without whome the common welthe cannott be. Yf this bouldnes goe on, they will accuse judges, and lastlie the seate of justice it selfe. That all justices should be thus generallye accused, this is meere barbarisme indeed. When her Majestic shall have understandinge herof it wilbe noe contentment unto her, and a scandall unto us all.'


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Mr Glascocke said, 'In that I am taxed to taxe justices of peace, I am to praye the Howse to give me leave to make an apologie ffor my selfe. Mr Speaker, I will not denye that that I spoke yesterdaye, but uppon my salvation I speake1776 and proteste it in my owne conscience, I spake onlye of the inferyor sorte of justicees.1777 Against these I will not speake that I spoke last, but other matter in other termes. They / be like the wyse men of Caldae,1778 v. that could never give judgmente tyll they sawe the entrayles of beastes. Our statutes penall be lyke the beast called [blank],1779 borne in the morninge, at his ffull growthe at noone, and dead at night. Soe these statutes are quicke in execution, like a wounder ffor nyne dayes, and that's a wonder they contynue soe longe after they be at the height, but by the end of a yeare they are carryed dead in a baskett to the justicees' howse.' Mr Speaker said, 'Mr Glascocke, yow speake ffrom the matter and purpose, and this that yow have spoken yow muste justifye.' Mr Martyne said, 'I am the rayther willinge to speake in that I would willinglye have an end of this matter. I thincke wee all agree uppon the substance, that it is ffitte the Saboth should be sanctifyed. The other matter, which is the ympediment,1780 I knowe it is a greife, but I leave it as a matter more frit to be decyded at a committie then heere, and therfore ffor the honor of the Queene and of her govermente I wishe it maye be committed without ffurther argument.' Sir Roberte Wrothe1781 said, 'I thincke the offyce of a justice of peace is to good a callinge ffor him that exclaymes1782 agaynst it, and I / thincke hee'le £112 never have the honor to have it. It were good they were named, and that he tould whoe they were, otherwyse honest men wilbe loath to serve the Queene when they shalbe slaundered without proofe. Therfore I would he might answere it at the barre.' And all cryed, 'Noe, noe, noe'. Mr Johnson said, 'This bill is an excellent good bill, and I have observed that in all the speechees yet spoken it hath bene interlarded1783 with other matter. The gentleman nowe protestethe he spake of baskett justices. I appeale to the whole Howse whether his definition were not generall, (viz.) a justice of peace 1764. 1765. 1766. 1767. 1768. 1769. 1770. 1771. 1772. 1773. 1774. 1775.

Ha2: 'day'. Other MSS: 'the'. St2: 'movendo' (+ Stj, Eg., Ha7). Gor. unclear. Eg. omits 'ffor whoe almoste . . .justices of peace' (+ Ha7). FH: 'i° Eliz.', i Ed. Ill, stat.2, c.i6 (1326-7) in SR, 1.257. Cam.: 'libendo'. St2: 'Archivi. Horace, Epistulae, i, 2, HSt2: 'not' (+ St3, Ha2); Cam. omits. 813: 'timior. St2: 'jfratibus'. The words are Bishop Paphnutius', talking about clerical celibacy: The

1776.

1777. 1778. 1779. 1780. 1781. 1782. 1783.

Seven Ecumenical Councils, ed. Henry R. Percival (A Select Library of Nicene and Post-Nicene Fathers of the Christian Church, xiv, 1900), p.5i. St2: 'spake' (+ 813, FH); Eg. omits 'yesterdaye but uppon my salvation I speake' (+ Pet., Ha7). Eg. adds 'commonly called baskett justices' (+ Pet., Ha7, Gor.). St2: 'Caldea'. Gor. omits 'called [blank]'. FH omits 'which is the ympediment'. Cam.: 'Worth'. St2: 'explaines' (+ 813). St2: 'interlarged' (+ 813).

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is a kinde of liveinge creature that ffor halfe a dozen of chickens will dispence with a dozen of penall statutes. I thincke it is well knowne that the honorable that sitt aboute the Chayer, and all the rest of her Majestie's Privye Counsell, have and doe hould the same place, and this toucheth them as well as inferyour justices. And therfore I humblye praye he maye answere it at the barre, and that it maye not be put over with silence.' Mr Hide said, 'Every man agrees this bill hath good matter, and we all conscent to the substance thoughe discent to1784 the fforme. Some have more v. witte, some more understandinge then others. Yf they / of meaner capacitye and judgment speake ympertinentlye, lett not1785 us in a spleene straight crye awaye with the bill, but lett us give it the same ffavore we give to bills of ffarre inferyour nature and of lesse moment, that is a committment.' Soe the bill was committed to the fformer committies in the Exchequer chamber tomorrowe. Mr Doyley1786 said, 'Mr Speaker, I woulde move but one question to the Howse, that is what shalbe done agaynste these two generall slanderers1787 of justices of peace?' Mr Mountague junior1788 said, 'The wordes (luxuriant authoritate,1789 and the heavye yoake of a justice of peace) are wordes dangerous and hurtfull, and preiudicyall to her Majestie's honor, and therfore I thincke ffitte they should both be called to the barre to answere yt.' Mr Glascocke said, 'I protest agayne, Mr Speaker, I spake it onlye of those justices that make it their liveinge to gayne by their poore neighboures.' Sir Francis Hastinges said, ' Yf all thinges spoken should rest within the walles of this Howse I could be well content to be silent, but when this scandall £113 (which I wishe might be soe reformed, that yt / myght be made an example) shalbe biased abroad as a generall slaunderous ymputacion of justices, and the stirrers up therof not punished, this perhappes will touche the creditt of those whose creditt I thincke cannott welbe taynted. He that sittes over agaynste me' (poynteinge at Mr Bond) 'is my countryeman; and I am sorrye he should thus loose his waye. But my conscience tells me that amicus Socrates, amicus Plato, sed magis arnica veritas.^790 Two dangerous and sedicious speeches have bene made by him, but I hope the Howse will not conceyve soe baselye of a justice of peace or their aucthoritye, whoe deserve well of Queene and countrye, because it comes ffrom him. I saye noe more, I knowe what he is; howsoever it is a luxurious speeche and not to be sufferred. In speakinge agaynste the bill he shewed the little good will he had to the passage of the bill. He likened his speeche to Panutius' speeche whoe spake in a generall councell1791 to deffend religion. [But this man speaketh to oppugne religion.]1792 Have we lyved no we 43 yeares under her Majestie's happie and religious govermente and shall we nowe dispute whether it is ffitte to come to the churche? Parrye desired noe more, whoe in that place (poynteinge to the right side of the Chayer) soe soone as the bill toucheinge seminaryes was brought in, called it a bloudie bill, v. a tyrannical! / bill, a bill of confiscation of goodes. I praye yow howe ffarre stretcheth this grande1793 iugum to a poore xijd? The speeche was insolent, and

Journals :Townshend's journal, 27 October-ig December in regard to her Majestic I wishe it might be answered their' (poyntinge to the barre).1794 And the Howse said 'Noe, noe, noe'. Mr Bond said, 'I would be loath that any speeche of myne should offer any offence, beinge spoken in the behalfe of the countrye ffor which I serve. I knowe their greivious complayntes agaynste the execution of lawes by justicees. The worde (luxuriant) as I used it, I wishe maye be construed in this sence: all penall lawes referre their execution to justicees of peace; in that respect, because the aucthoritye of justicees1795 of peace seemed to me to bee to powerfull over the subiecte, in that, I thought it luxuriari. But I thincke ffarre otherwyse of these churche1796 neglecters.' Mr Martyn said, 'Luxuriari is to abound, and therfore the poett sayth, "luxuriatur agris",1797 and I wishe that all those that will slaunder her Majestie's govermente, by colour of their aucthoritye, in oppressinge the subiecte, that they maye perishe.' An acte agaynste drunckardes and common haunters1798 of alehowses and tavernes, uppon engrossment it was red, and passed. An acte ffor reformacion of abusees in innes, tavernes, alehowses, and victualinge howses. To which Sir Walter Raleighe said that yf a man had a manner which might inquyer1799 ffor the / defaultes of alesellinge1800 measure, this privelidge was no we1801 loste. Another:1802 ther was a disability e of ever after beinge an inkeeper. Howe dangerous this might be to the inheritaunces1803 of those that had innes, some at Ch per annum, and howe dangerous to the inkeepers that might be thus preiudiced by the negligence of a servante, he lefte that to the consideracion of the Howse. Mr Browne of Graye's Inne shewed that1804 xvjc quarters of make was saved by this course taken in Somersetshier, that Mr Phillipes could testifye whoe is nowe knight of the shier, and that in Welles the Lord Cheife Justice of England affirmed that 50 quarters of maulte and 50 quarters of barlye was saved.1805 1784. St2: 'in' (+ Sts, FH); Gor.: '. . . though distant in'. 1785. Ha7 omits. 1786. St2: 'Dowlye' (+ 813). 1787. St2: 'sclaunders' (+ 813, Pet.). 1788. Commons assumes this is Sidney Montagu, though Edward and Henry Montagu were also sitting. 1789. Sic; St2: 'aucthoritye' (+ other MSS, though FH omits). 1790. Attributed to Aristotle. 1791. Pet. adds 'conused' ? (-1- Eg., Ha7). See above, f.iii. 1792. MS omits (+ St2, 813); this from Ha2 (+ other MSS). 1793. St2: 'grave (+ 813). 1794. Pet. omits '(poyntinge to the barre)' (+ Eg., Ha7, Gor.).

1795. FH: 'in that respect in regard the authoritie of a justice'. 1796. Gor. omits. 1797. Cf. Ovid, Fasti, iv.644. 1798. Gor. 'hunters'. 1799. Cam. omits. 1800. Gor. adds 'under' (+ Cam?). 1801. St2: 'not' (+ 813). 1802. FH: 'and also'; MS, Eg., Hay, Pet., FH, Gor. all run these two paragraphs together, while St2, St3, Cam. and Ha2 start a new paragraph at this point, thus giving the impression of another unnamed speaker. 1803. Ha?: 'inhabitants' (+ Eg., Pet.). 1804. Cam.: 'at'. 1805. 813: 'sowed'; Gor.: '. . . barley saved in [blank]' (+ Eg., Ha?).

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The Tenth Parliament: 27 October-ig December 1601 Mr Sergant Harrys said, 'Yf two ffalse wittnesses come before a justice1806 and sware agaynste a man ffor a little shorte measure, he is without remedye, and every punishment ought to be secundum quantitatem delicti: and ffor soe smale a matter disabillitie is to greate a punishemente.' An acte to avoyde the dowble payment of debtes, this was uppon shoppbookes.1807 Mr Browne of Graye's Inne ffound indeed an incureable ffaulte in the bill, by reason of the generallitye, which was debtes, and not sett debtes uppon shoppbookes. Soe ffound to be true, and like to be caste out, ffor the Howse / would not have had it amended. Sir Roberte Wrothe1808 said, 'I have bene of this Howse these 40 yeares1809 and ever knewe that a bill before passage might be mended. Soe it was in the bill of tyllage the laste parleamente. Wherfore I would wishe that it might rest till tomorrowe, and then to be amended.' And all agreed 'I, I, I'. 3 December, Thursdaye.1810 An acte ffor repayringe and amendinge of two bridges over the River Eden, in the Countie of Cumberland, adioyninge1811 to the walles of the Cittye of Carleil, the second tyme of readinge, and was committed to the Checquer chamber tomorrowe in the afternoone.1812 An acte ffor curryers.1813 An acte ffor strenghtheninge of the northe partes, and buyldinge a peere at Newehaven, the second readinge, and committed to the Exchequer Chamber tomorrowe. An acte to avoyde idlenes, and ffor settinge the poore on worcke, which statute is in manner of a monopolye, ffor ther be certeyne named in yt whoe undertake to keepe 50,000 poore on worcke in makeinge of pinnes, woll, cardes, needles, etc. An acte ffor reformacion of abusees in buyeinge and sellinge of spices and other marchandizes, brought in by Mr Davyes ffrom comittement and ordered to be engrossed. An acte ffor the enlardgmente of a joynture to / Rachell, wyfe of Edward Nevill of Burlinge in the Countie of Kente, etc.1814 An acte ffor the perfectinge of the joynture of the Ladie Bridgett, Countesse of Sussex, wyfe of the right honorable Robarte Earle of Sussex, etc.1815 It was committed. An acte ffor confirmacion of certeyne landes sould by Lewes Mordant Lord Mordant, Knight, etc.1816 This was committed to the fformer committyes. Mr Edward Mountague said, 'Mr Speaker, I will make a charritable mocion, which I hope will tende to a charritable end. Breiflye it is this, that noe private bill maye passe this Howse, but the procurers therof to give some thinge to the poore.' Mr Secretarye Cecill said, 'My mocion is stirred up with the same charritable affection which frirst moved the gentleman that last spake, onlye I disagree with him in the manner. We see the streetes ffull of souldiers, some mayned, some poore, but all distressed;1817 our ordinarye begginge poore are allreadye pro-


429

vided ffor, and statutes made ffor their mayntenance. I would onlye move thus muche to the Howse, that this contribucion proceedinge out of our charritye might be onlye ymployed to the releefe of them whoe have ventured their lyve to defend us.' The Howse said it was a good mocion, and soe it was generallye agreed unto. Mr Richard Mesenger1818 said, 'Mr Speaker, I / would but move the Howse v. onlye that they which have alreadie had any bill passed this Howse this parleamente,1819 maye alsoe be contributarye, as well as they which are to come.' Mr Edward Mountague aforesaid:1820 'Because I offered to the consideracion of this Howse this mocion1821 ffirst, I will presume alsoe more perticulerlye to deliver my oppinyon; I thincke ffor every private bill ffor sale of landes x powndes a reasonable benevolence, and ffor every estate ffor lyfe, or ffor joynture,1822 ffyve powndes.' Mr Ravenscrofte1823 said, 'I would onlye move to knowe whether this should remayne as a perpetuall,1824 or temporarye order onlye ffor this parleament.' Mr Secretarye Cecill said, 'The Howse onlye meanes it ffor this present.' And all said, 'I, I, I'; and soe is the order entred accordinglye. Mr Dannett a burgesse ffor Yarmouthe said, 'Maye it please yow, Mr Speaker, the dutye I owne1825 to my sovereigne and countrye makes me bould to crave your pacyence to heare me. The matter that I shall speake of it1826 twoffoulde, the ffirst concerneth the honor of the Queene, the second the safetye of our countrye, two very highe poyntes ffor me to handle, and requyers a more eloquent1827 discourse then I am able to make. I will use noe circumstance or with superfluous matter abuse the tyme, which is verye / precyous, but to the matter. I have bene of the parleamente 5 or 6 tymes,1828 f.ii6 and I have alwayes observed by this Howse (and I would willinglye be resolved by the honorable about the Chayer) that all the warres of her Majestic are warres offensive, and I doe not heare the contrarye. Howe then comes it that 1806. Pet.: 'judge' (+ Eg., Hay). 1807. Ha2 omits this bill; FH omits 'this was uppon shoppbookes'. 1808. Cam.: 'Worth'. 1809. He had sat since 1563 and was about 62 years old. 1810. FH omits day and date. 1811. Stj omits. 1812. Pet. omits 'in the afternoone' (+ Eg., Hay, Gor.). 1813. St2: 'carryers' (+ 813). 1814. St2 omits this bill (+ 813). 1815. See J. Bruce (ed.), The Diary of John Manningham, Cam. Soe., 99 (1868), pp.60-1 for 12 October 1602 and the Earl, his abuse of the countess, and the settlement for her maintenance in a separate household.

1816. Ha2: 'Lewis Mordant, knight, Lord Mordant'. i8iy. St3: 'poore and distressed'. 1818. Commons sub Massinger, Richard. 1819. St2 omits: 'this parleamente' (St3, Eg., Hay). 1820. Cam.: 'said'. 1821. Hay omits 'this mocion'. 1822. St2 omits: St3 omits 'or ffor joynture'. 1823. Cam.: 'Ravenstroft'. 1824. Cam.: 'particular'. 1825. Other MSS: 'owe'. 1826. Sic. other MSS: 'is', though Ha2: 'this'. i82y. St2: 'excellent' (+ 813). 1828. Five times (Commons sub Damet, Thomas).

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suche a nomber of her Majestie's subiectes be spoyled, robbed, beaten, wounded, themselves taken, used with suche extreame torture, racked, carryed awaye, ymprisoned, ransomed, fryned, and some executed, and all this tyme noe warres? But give leave, ffor these tenne yeares I am suer the subiectes of this lande on the sea coastes have undergone these tyrannies, and by whome?1829 Even by two base townes, Dunkerke and Newporte. Dunkerke begane ffirst with two shippes, and are nowe increased to almoste xxtie. They be at home at supper, and the next daye heare with us. I must needes confesse the greate chardge that I knowe the Lord Admyrall is at continuallye, by lyeinge reddie to take these pirates. Send to take1830 them, they streight fflye whome;1831 yf our shippes returne, they are straight heare agayne. I dare bouldlie saye it,1832 they have done England more hurte since they begane then all Fraunce, eyther in the tyme of Kinge Henry 8, Kinge Edward 6, or Queene Marye. Yf it be soe, that these two base townes shall soe confronte the power of this land, I see noe reason whie / they should be suffered, ffor it is a greate dishonore both unto the Queene and to the kingdome. I have heard manye saye that the navye are the walles of the kingdome. We suffer our shippes still to be destroyed, some to be burnte, some to be suncke. We maye compare our seamen to sheepe ffeedinge uppon a ffayer mountayne in the middeste wherof standes a little grove ffull of wolves. Why, Mr Speaker, we are soe plagued with them that they be soe bould as nowe and then to take our harvest men tardye1833 with ambuscadoes. I1834 speake with greife, and it was reported unto me by a Scottish man, that Duke Albertus and the Infanta should openlye publishe that they would pull downe soe manye of the walles of England that they would easilye make an entrye.1835 And it had bene better ffor seacostemen to have given the Queene an hundred subsedies that they had bene longe since suppressed. My humble mocion is that it would please the Howse so to enter into considercion of these thinges, ffor the honor, good and safetye1836 both of the Queene and of the kingdome.' Mr Peake said, 'I must needes shewe unto this Howse (uppon soe good an occasion offerred) howe greiviouslye the towne of Sandwiche (ffor which I serve) ys vexed and almoste undone, in soe muche as in that towne1837 their is neyther owner, mayster, nor maryner, that hath not ffelte it. Her Majestic ys contynuallye at chardge / but what ensueth, or cometh of yt, I never yett knewe. Yf in the countie of Kent at Sutor's1838 Hill, Gades Hill, Barram Downe, etc., there should manye, and often robberyes be committed, and the justicees looke nothinge to yt, this were but an yll parte. Every daye men come home, their goodes and all they have taken awaye; yea, their very apparrell. And yf the shippes might alsoe be carryed awaye, they would doe yt. This would be amended and looked unto; we had need to cherishe this subiecte ffor I thincke him to be the best and moste necessarye member of the common welth, I meane the navigator.' Mr Martyne said, 'I like not these extravagant speeches in the manner, thoughe I mislike them not in the matter. They are like to men whose howses beinge1839 on fryer, runne out into the streetes like mad men, fforgettinge

Journals:Toumshend's journal, 27 October-ig December themselves [to]1840 helpe. That1841 that cottage of Dunkerke, the florisheinge estate wherof is a dishonore to our nacion, should soe muche offend us, when we never offer to oppresse them, it is noe marvell. I thincke ther is noe man but understandeth the greefe, and noe man which readilye knoweth a remedye. I wishe that those which had ffirst propounded to the Howse this matter had alsoe layde downe some proiecte, thoughe never soe smale, of remedye, / otherwyse suche cursarye mocions as these be cannott but be verye1842 distastfull to the Howse.' Mr Lythe1843 said, 'Within these xij dayes one man loste 200h onlye by Dunkerkers, whoe tooke the same awaye ffrom him.' Mr Secretarye Cecill said, 'My speeche shall onlye tend to advance the mocion of the gentleman that spake ffirst in this poynte. Yf we would have remedie, we are to consider two thinges; ffirst that yt wilbe a matter of chardge, and secondlye, that ther must be a distribucion therof. For the ffirst, I leave it to yow. For the second, it is1844 out of my ellemente. Withall, I must excuse them that have aucthoritye to remedie this ffor unlesse yow woulde have a contynuall chardge unto her Majestic by haveinge shippes to lye betwixt us and Dunkerke, yt is ympossible but that at sometyme these robberyes wilbe committed. I could verye well agree to bringe this mocion to some head, beinge a matter in my oppinyon verye considerable, in a committie.' And all said, 'I, I, I.' Mr Dannett said, 'I would onlye move the Howse that some maysters of shippes, and seamen, might be sent ffor to attend at the committie.' Soe it was agreed to be committed to the Chequer Chamber on Satordaye next. An acte ffor levyeinge of frynes within the countie of the cittye of Chester, ingrossed, put to the question, and passed, and then sent up by / Mr Secretarye Harbert with another bill to the Lordes. Mr Tate said, 'I would onlye move the Howse that where an informacion is exhibited (by the Earle of Huntington) agaynste a member of this Howse (Mr Belgrave) into the Starrechamber, conteyninge noe matter of substaunce1845 or note other than matter very dishonorable to this Howse, and therfore I humblye praye yt maye be referred to be considered of by the committies ffor 1829. 1830. 1831. 1832. 1833. 1834. 1835.

1836. 1837.

FH: 'home'. St2 omits (+ Sts). Sic; other MSS: 'home'. Ha2 omits 'they are streight. . . bouldlie saye it'. FH: 'napping'. Gor. omits. See CSPD 1589-1601, p.460 for a report (August 1600) in which it is said that the Archduke (Governor of the Low Countries) and the Infanta did not enjoy Spain's support. St2: 'honnour and good saffetye'. St2 omits (+ 813).

1838. St2: 'Shooter's' (+ Ha2, Cam., FH, Gor.). 1839. Ste: 'bee' (+ 813). 1840. Ha2 also omits; this from other MSS, though Pet., Eg., Hay, Gor.: 'of; FH: 'run out of the streetes like madd men forgetting themselves crying helpe'. 1841. St3 omits. 1842. St2: 'theis bee cannott bee but bee verye'. 1843. Commons: Lyffe, Richard. 1844. Gor. adds 'not'. 1845. Ha2 omits 'of substaunce'.

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£119

The Tenth Parliament: 27 October-ig December 1601 the priviledges of the Howse.'1846 And all said 'I, I, I,' [soe]1847 he delivered the informacion to the Speaker. An acte ffor the reuniteinge1848 of Eye and Dunsden to the manner of Sonninge, the second tyme of the readinge, and committed to certeyne committies in the Committee Chamber presentlye. An acte ffor the denizacion of certayne persones, viz. Josepho Lopo1849 etc. was put to the question, and ordered to be engrossed. An acte to avoyde dowble payement of debtes. To this bill, Mr Zacharias Locke begane to speake, whoe ffor verye ffeare shooke,1850 that he could not proceed, but stood still a while and at lenght satt downe. Mr Bacon,1851 speakinge of this bill, said that billes were1852 wonte to be committed with pleasure, but nowe we would scarce heare them with patience. The marchantes' bookes bee springinge bookes, eve[r]ye yeare they increase. / Mr Hensheawe amonge other speeches said that it was as easie to crosse a marchante's1853 booke, which a man might see1854 at all tymes, as to give the marchante a bond, whoe when he had manye thruste together perhappes would intreate the gentleman to come some other tyme ffor yt, whoe yf he should in the meane tyme dye, his executors are without remedye etc. Mr Sergeant Harrys said, 'These marchantes' bookes be lyke Aron's rodde ever buddinge, and lyke Basingestoke recconinges, over night vs vjd yf yow paye it, yf not in the morninge yt is growne to a juste noble.1855 This debte is a sleepinge debte, and yt will lull younge gentlemen into marchantes' bookes with the golden hookes of beinge trusted by the marchante, and his expectancye after his ffather's1856 decease. These are matters dangerous, and maye prove hurtefull, wherfore I thincke it a good bill', etc. Mr John Harrys said, 'Wher it is said that ther cane be noe wager [of lawe]1857 agaynste a marchante's booke in London, it is true, but ffirst the marchante must sware the debte,' etc. Mr Thomas Jones1858 said, 'It is nowe my chaunce to speake somethinge, and that without huminge or haweinge. I thincke this lawe is a good lawe. Streight recconinge makes longe ffrindes. / As ffarre goes the penny as the pennye['s]1859 master. Vigilantibus et non dormientibus turn subveniunt. Paye the recconinge over night and yow shall not be trobled in the morninge. Yf reddie monye be mensura publica, lett every man cutt his coate accordinge to his clothe; when the ould suite is in the wayne, lett him tarrye till that his monye bringe a newe suite in the increase. Therfore I thincke the lawe to be good, and I wishe it a good passage.' Mr Hackwell of Lincolne's Inne said, 'I ame a man of that rancke and condicion that I never sell, I1860 seldome1861 buye, and paye reddie monye; and the safest course this bill offers to me ffor my perticuler. But the greate mischeife that will redound by it to the commons is that which makes me speake. I am not transported with suche vehemencye but yf I maye be


433

answered, I'le laye downe the bucklers. This bill hath a good fface and an yll bodye. It hath a verye good head peece, I meane the tytle. It is like Danyell's image, yt hathe a head of golde, a bodie of silver, thighes of brasse, legges of iron, and ffeete of claye.1862 Yf I maye intreate yow to put on a greate deale of patyence1863 ffor a little tyme, I will make it some what playne. We must laye downe the respectes of our owne [persons],1864 and put on others' and their affections ffor whome wee speake, / ffor they speake by us. Yf the matter v. which is spoken of touche the poore, then thincke me1865 a poore man he that speakes; sometymes, he must be a lawyer, sometymes a paynter, sometymes a marchante,1866 some tymes a meane artifycer. Most men desier fforbearaunce, this bill distroyes it, which tendes to the gayne and good of the creditor, and good alsoe of1867 the buyer. But seekinge to avoyde a mischeife, we ffall into an ynconvenience, ffor the manner is unproportionable and uniuste. Yf the buyer be soe negligent that he will not care to see himselfe dischardged, muste wee needes make a lawe to helpe his ffollye? The proverbe is caveat emptor. Yf this lawe goe fforwardes,1868 the augmentacion of confidence in his auntient habillimentes cannot be preserved, ffor yf it be a hard yeare, the poore artifycer which hath wyfe and children and howshould and lyves by the sweate of his browes,1869 cannott lyve, ffor he hath not monye to buye all by the pennye; but perhappes he hath creditt, which perhappes maye helpe his present necessarye estate. Besides, I can teache yow all a tricke, howe ffor xijd yow shall avoyde this statute, and that is, put in an origenall within the yeare, and soe lett it lye dormante,' etc. After this mocion, the Howse (after ffower howers argument, and sittinge till 3 / quarters after 12) was devided, the I, I, I had 1511870 voyces, the Noes £120 102. Soe the bill passed by 49 voyces. Then the Noes should have ffetched in the bill, and have gone out with yt, because it was at the passage of the bill, but because tyme was paste, and it was very late and ther were greate committmentes this afternoone, they ware dispenced withall. 1846. St2 omits 'by the committies . . . of the Howse' (+ 813). See Commons sub Belgrave, George, and Leicester. 1847. From St2 (+813). 1848. Hay: 'uniteing'. 1849. Ha2: 'Lupo' (+ Pet., Eg., Hay, Gor., St3). 1850. St2: 'spoke' (+ 813). 1851. Pet.: 'Bakon'; Eg.: 'Baker' (+ Hay). 1852. St2: 'were not' (+ St3). 1853. Cam.: 'mercer's'; Cam. uses the word throughout, and in the subsequent speeches by Harris and Hakewill. 1854. St2 omits (+ St3). 1855. St2: 'ever nigh vs vjd yf yow paye it over night, yf not,' (+ 813). 1856. Ha2 omits.

i8sy. From St2 (+ other MSS, though FH: 'cann be noe lawe against'). 1858. Pet.: 'Johnes' (+ Eg., Hay). 1859. St3 also omits 'master'. 1860. Ha2 omits 'sell I'. 1861. Cam.: 'never'. 1862. Dan. 2.32-3. 1863. FH: 'a little patience'. 1864. From St2 (+ other MSS). 1865. St2: 'wee' (+ 813). 1866. Eg., Hay omit 'sometymes a marchante'. :86y. St2: 'to'. 1868. Ha2 omits: 'Yf this lawe goe fforwardes'. 1869. Gen. 3.19. i8yo. Gor.: '152'.

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4 December, Fridaye.1871 An acte repealinge1872 the statute made the xiiijth Elizabeth ffor the lenght of kersies.1873 An acte toucheinge weightes and measures. An acte ffor confirmacion of the aucthoritye of the Mayore, Citizens and Aldermen of London toucheinge Ste Katherene's Cree Churche in London was1874 committed to Doctors' Commons on Fridaye at two of the clocke. An acte intituled 'An acte ffor the assureinge of the patronage of the vickaridge of Rotherston1875 to Thomas Venables esquyer', brought in by Mr Calfeild of Graye's Inne, whoe shewed that all the partyes weare agreed to the bill, and called at the committie to the amendmentes. And put to the question, and ordered to be engrossed. An acte ffor drayninge of certeyne growndes in the fennye countryes after committmente nowe brought in by Sir Roberte Wrothe,1876 whoe certefyed the Howse onlye of one little amendment and the omission of a longe and / v. ffrivolous provisoe, and soe put to the question, and ordered to be engrossed. An acte to prevent periurye and subornacion of periurye and unnecessarye expenses of suites in lawe, after committment yesterdaye, yt was brought in by me (the author of this journall), beinge chosen by the committies to reporte it to the Howse. I shewed that the committies had onlye put in the word 'that', and comaunded me to offer to the consideracion of the Howse the substaunce of the bill,1877 etc. (and soe I recited1878 yt), as alsoe that ther1879 was disputed in the Howse1880 an exception, that noe suites might be removed yf they were under 40'; but ffor that perhappes it would be thought to be preiudicyall to the prerogatyve of the courtes at Westminister,1881 the judges in the Upper Howse1882 perhappes would not soe willinglye assent to the passage of the bill. Lastlye, because1883 by longe and auncyent custome and common lawe suites1884 might be removed1885 etc., nowe beinge an ynnovacion and because we knowe not howe beneficyall this lawe would be, therfore it was thought by the committies convenyent that yt should have a tyme of probacion1886 untill the end of the next parleamente;1887 and soe it was put to the question and ordered to be engrossed. f.i2i An acte ffor reformacion of abusees in sheriffes / and other inferyor officers ffor1888 not executeinge wryttes and proclamacions was committed to the Middle Temple Hall on Moundaye in the afternoone.1889 An acte ffor the makeinge of ffustions within this realme, and proffitt to the comonwelth by the same, was committed to the Exchequer Chamber on Tuesdaye in the afternoone.1890 An acte prohibiteinge ffayers and markettes to be houlden on the Sundaye was committed to the fformer committies ffor the Sabboth, tomorrowe. Sir Edward Hobbie said, 'Yt pleased the Howse aboute the begininge of this parleamente to appoynte certeyne committies to receyve the complayntes and heare causes touchinge the priviledges of the Howse. We have mett, but never above 3 or 41891 at a tyme together. Maye it please this Howse that the


435

committies' names maye be read, and that warninge maye be given to meete tomorrowe in the afternoone at the Courte of Wardes, there to debate those matters that shall happen questionable. As alsoe I am to move yow to take notyce of an informacion exhibitted in the Starre Chamber agaynste a member of this Howse which it pleased yow to comitte1892 over uppon informacion therof to be decided at the committie'. And all said 'I, I, I.' Mr Phillips said, 'It pleased the Howse to committe a bill ffor reformacion or / explanacion of the lawe made the 39 Elizabeth. The committies mett, and v. entred into three consideracions. First, whether the bill of 39 intitled "An acte to reforme deceiptes and breaches of truste touchinge landes given to charritable uses" shold stand in fforce or noe, as nowe it is.1893 All generallye agreed yt should not. The second, whether reformacion should be therof by explanacion or by abrogacion, and in the end concluded, by abrogacion. The third, whether it shoulde be abrogated by the general! repeale of statutes, or that ther should be a perticuler statute to that purpose, and agreed that it should be done by a perticuler statute. And ffor that purpose beinge soe comaunded by the committie, I have drawne a bill, refferringe yt to the wisdome of the Howse to be considered. The tytle ys, "An acte ffor the good execution of charritable usees" in this statute perticulerlye mencioned.' Doctor Carye1894 and the Clarcke of the Crowne brought an acte ffrom the Lordes ffor the suppressinge the multitude1895 of alehowses and typlinge howses, which was presentlye read. Mr Johnson, uppon hearinge this bill but once read said, 'Me thinckes ther is an apparante ffaulte, and that is the bill gives libertie to justices of peace to serche etc., which by the generallitye ys as well within corporacions as without, and therfore good to be / considered of. f.I22 An acte ffor contynuance of divers statutes and ffor repeale1896 of some other. 1871. 1872. 1873. 1874.

1875. 1876. 1877. 1878. 1879. 1880. 1881. 1882. 1883. 1884. 1885.

Binding obscures. Ha7: 'touching'. J 4 Eliz., c.io (1572) in SR, iv.6oi. Eg. omits: 'toucheinge Ste Katharine's Cree Churche in London was' (+ Hay). Ha7: 'Betherston'. Ha2: 'Sir Walter Rawleigh'; Cam.: 'Worth'. FH: 'to the consideracion of the bill'. St2: 'receyved' (+ 813). St2 omits (+ St3). St2 omits 'in the Howse' (+ 813). St2: 'Churche of Westminster' (+ St3). Ha2 omits. St2 omits (+ 813). Eg.: 'custome a comon lawe suite' (+ Ha7). St2: 'renewed' (+ 813).

1886. FH: 'approbacion'. 1887. See SR, iv.gji for this act (43 Eliz., c.5) and the limitation. 1888. St2: 'but' (+ St3). 1889. Pet. omits 'in the afternoone' (+ Eg., Ha7, Gor.). 1890. Pet. omits 'in the afternoone' (+ Eg., Ha7, Gor.). 1891. St2: '2 or 4'. 1892. Ha7: 'commune'. 1893- See SR, ^.903-4 (39 Eliz., c.6) for this act - the title is correct. 43 Eliz., c.4 (SR, iv.968-70) does not specifically mention the former act: it was repealed in the continuance statute of 1601 (SR, iv.974). 1894. DNB, sub Carew, Sir Mathew. 1895. FH: 'nomber'. 1896. St2: 'appeale' (+ 813).

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£123


Mr Sergeant Harrys moved that the bill ffor tyllage might be still contynued, and said yf we shall contynue and discontynue (uppon every sleight mocion) good lawes, we shall doe like little children which makes babyes and beate them and then pull1897 them abroad agayne.1898 An acte ffor the releife of the poore made by Sir Roberte Wrothe.1899 The substance of the informacion of which Mr Tate the last daye spake of, and alsoe Sir Edward Hobbie this daye, is this. An informacion by Edward Cooke, her Majestie's Attumye, whoe sheweth that the Queene calleth her parleamente and that her selfe is the cheife peare1900 therof, and that yt was called ffor divers weightye causes1901 and matters, and ffurther therin shewed that the towne of Leycester in the countie of Leycester is an antient boroughe towne, and that the said1902 burgesses1903 to the Parleamente Howse. And wheras the parleamente begane1904 the xxvijth daye of October, and they chose George Belgrave of Belgrave esquyer in the countie of Leycester to be burgesse ffor the said towne, supposeinge the said George Belgrave to come with the good likeinge and ffree conscente of the Earle of Huntington (without whose / advyse the said towne neyther hath, nor will, choose any burgesse) where indeed he is a noted enemye to the said Earle of Huntington, and ffmdeinge and ffearinge they would not choose him because of the same, he the said Belgrave, agaynste the said ellection prepared to put on his backe a blewe coate with a cognizance, beinge a bull's head sett uppon the sleive of the same; and therby ymagininge him to be the Earle's man, chose him as aforesaid. And the reyther to make himselfe suer of the said ellection, he offerred to affyrme1905 uppon his corporall oath that he was servante, and in good ffavor1906 with the said Earle; with this lewde practise the said Earle1907 beinge muche greived and offended, the same beinge greatlye to his preiudice (haveinge ellection of a burgesse ther), to the dishonor of her Majestic and the Howse of Parleamente that any member therof should be choosen by suche cuninge and indyrect practice, humblye prayed etc., as in ordinarye informacions.1908 It was agreed that the subsedie bill should be red tomorrowe, and the Howse to be called.1909 5 December, Saterdaye.1910 An acte ffor the graunte and payement of ffower entyer subsedies and eight ffyfteenes and tenthes graunted by the temperaltie. Mr Symnell said, 'I am not agaynst this acte of subsedie, ffor ffarre be it frrom me / that any [such] thought should harbor in my harte, ffor I am of that oppinyon which1911 Cicero, the ffamous orator, was of, that whoesoever will lyve in safetye must abyde necessitye. But all that I have to saye is this, that we would1912 be humble suitors to their honors that sitt aboute the Chayer that yt would please them to move her Majestic that that most gracious, generall and free pardon which it will please her Majestic to bestowe uppon us might have noe more shortnes then it had in the begininge of her reigne; ffor yf her Majestic out of her goodnes tooke compassion uppon us when we had nothinge neere soe manye penall and entrappinge lawes as we nowe have, I


437

hope that, seeinge the statuted1913 doe abound, yt will please her that her grace would superabound. This ys my humble mocion and this I doe most humblie praye the Howse would consider of.' It was put to the question ffor the passinge of the subsedie and all said 'I, I, I', and not one 'Noe'. And it was moved by Sir Edward Hobbie that it might presentlye be sent up with all the Howse and Privye Counsell, and not1914 alone, ffor the more honor therof, which was well lyked and agreed unto. Mr Boyce brought in the bill toucheinge the joynture of1915 Rachell, wyfe to Edward Nevill of Burlinge. An acte ffor the more dilligent resorte to / the churche on Sondayes. v. Mr Roger Owen said that he was of the same oppinyon he before1916 had bene of ffor amendment of the said statute, and that himselfe was as willinge ffor the passinge therof as any other, and he desired that his error yf it were answered might be iudged error amoris and not amor1917 erroris. And that as God had given him a harte to understand and lightes and lunges1918 to coole the heate of his harte, soe God had given him1919 understandinge to coole and temper the heate of his sowle, and soe he proceeded and made a breife repiticion with some argumentes ffor confirmacion of the same speeche he ffirst made, etc. Mr Winche said, 'I muche marvell that the gentleman which last spake would speake agaynst this bill, allowinge soe1920 well the matter. I knowe him well and his bringinge up, and both his sufficiencye and zeale, which I verye well knowe and1921 am well perswaded of. His1922 speeche consisted uppon ffower poyntes. The ffirst I heard not. The second was, because yt repugned Magna Charta: the wordes be, "nemo capiatur, nemo imprisonetur," etc., "nisi per pares aut per legem terrae". The third, because in repeale of the statute of primo Elizabeth authoritye is taken1923 ffrom the justices of assise.1924 The ffowerth, 1897. St2: 'putt'. 1898. FH: 'and pull them to peaces, and then put them togeather againe'. 1899. Cam.: 'Worth'. 1900. St2: 'poore' (+ 813). 1901. FH: 'divers and sundrie cawses'. 1902. Sic. Ha2: 'they send' (+ Eg., Hay, Cam., FH). 1903. Gor. adds 'come'. 1904. Eg.: 'whereas it begane' (+ Pet., Hay, Gor.). 1905. Eg. omits 'to afiyrme' (+ Hay). 1906. St3 omits 'and in good flavor'. i9oy. St2 omits 'with this lewde practise the said Earle' (+ 813); Ha2 omits 'with this lewde practise'. 1908. See Commons sub Belgrave, George, and Leicester for this case. 1909. St3 omits this entry.

1910. 1911. 1912. 1913. 1914. 1915. 1916. I9iy. 1918. 1919. 1920. 1921.

1922. 1923. 1924.

FH omits day and date. St2: 'with' (+ Eg.). St2: 'could' (+ 813). Sic. Gor.: 'that'. FH omits 'the joynture of. See above, fos.io8-v. St2 'error (+ St3). Eg.: 'longes' (+ Pet., Hay, Cam.). St2 omits 'an harte to ... had given him'. Pet.: 'to'. FH omits 'verye well knowe and'; Cam. omits T. St2: 'perswaded that his speech' (+ St3). FH: 'given'. See SR, iv.35y for sect 5 of the Uniformity Act.

438

£.124


xxiijth Elizabeth not repealed, etc. Which he answered all, but not ffullye, etc.1925 Sergeant Harrys moved two dowbtes in / the bill. First that it was by informacion, which appeared1926 after to be vitium scriptoris, ffor it was informacion by jurye; nowe, 'by jurye' was wrytten over 'informacion' in the interlyneinge, and the trey1927 * made before 'informacion;1928 wher it should have bene after. The other, that ecclesiasticall jurisdiction was taken ffrom the Queene, which indeed I could not well ffind answered. Soe the bill was put to the question, and the moste voyces was 'I, I, I', yet there weare some twentye1929 'Noes'. At the committie in the afternoone in the Howse for some course1930 againste Dunkerke.

v.

Mr Phetiplace shewed a1931 remedie three manner of wayes. First, ther is transportacion of ordynance, which beinge carryed to the Lowe Countryes, he carrieth yt to Dunkerke, or to our enemyes,1932 which yf it were hindred dowbtlesse our enemyes would ffynde wante in tyme. Secondlye, the lawe of tunnage and poundage. Thirdlye, it hath bene offerred to the State that the maratyne partes might save themselves ffreelye, 'and I take it1933 to be a rule in polecye we should not yeild that to our ffrindes, which maye be ffittinge to our ffoes'. It was concluded at this committie that all the coaste towne men of the committie should meete together in the afternoone on Mondaye / and consider of some course and relate the same to the committie agayne, etc.1934 Mr Wingfield shewed me the bill touchinge ffennes which was exhibited the last parleamente and past both Howses, but advised uppon by her Majestic ffor some respectes, entitled 'An acte ffor the recoveringe of 3Oo,ooo1935 acres, more or lesse, of wastes, marishes and waterye growndes in the Isle of Elie and in the counties of Cambridge, Huntington, Northampton, Lincolne,1936 Norfolke and Suffolke, etc.' On the lefte side, on the toppe of the bill, was wrytten in Roman letters 'Soit baylle as1937 seigneurs', and close to the same, in1938 another hand, 1A cest bill avecque les amendementes et la provision a celle comvenes1939 les seignieurs sont assentus'. And under the provision, annexed to the acte, on the lefte side therof close to the wryteinge was wrytten, 'Soit baylle1940 aux comunes', and on the harke. under the tvtle aforesaid, was wrvtten thus: T 2

3

He shewed me alsoe the bill ffor ffennes1941 in this parleamente, intituled 'An acte concerninge the drayninge and recoverye ffrom the water of certeyne overflowen growndes in the counties of Norffolke, etc.'1942 6 December, Sondaye. 7 December, Mondaye.1943 An acte ffor Ludgate.

Journals:Townshend's journal, 27 October-ig December An acte toucheinge the Countesse1944 of Sussex her joynture. An acte toucheinge Cox and Dethicke. An acte ffor the better makeinge of wollen clothe. / An acte ffor prohibitinge flayers and markettes to be kept on the Sondaye, brought in ffrom committment by Mr Doyley, and put to the question and agreed to be engrossed. An acte concerninge the assise of ffewell was committed to the Courte of Wardes tomorrowe. An acte ffor the better institucion1945 of the good and charritable uses herafter in this statute mentioned. It was committed to the fformer1946 committies. Mr Bacon said, 'I am, Mr Speaker, to tender to this Howse the ffruite of the committie's labor, which tendes to the comfforte of the stomacke of this realme, I meane the marchant, which yf it quayle or ffale1947 into a consumption, the State1948 cannot choose but shortlye be sicke of that disease. It is ynclyneinge alreadie. A certentye of gayne is that which this lawe provides ffor, and by1949 pollecye of assurance, the safetye of goodes assured unto the marchante. This is the loadstone that drawes him on to adventure, and to stretche even the verye puntilio of his creditt. 'The committies have1950 drawne a newe bill, ffarre differinge ffrom the old. The ffirst lymited power to the Chauncerye, this to certeyne commissioners by waye of oyer and terminer. The ffirst that it should onlye be1951 there, this that onlye uppon1952 appeale ffrom the commissioners it should be there ffmallye arbitrated. But leaste / yt maye be thought to be ffor vexacion, the partie appealant must laye in deposito etc., and yf tryed agaynste him, paye dowble costes and damages. We thought this course ffittest ffor two reasons: ffirst 1925. i.e. 23 Eliz., c.i (SR, iv.657-8). 1926. St2: 'infformacion which approved after'; 813: 'approved'. 1927. St2: 'trye' (+ 813). 1928. FH: 'and they trey made thus A made before the information'. 1929. 813: '12'. 1930. St2: 'causes'. 1931. Gor. omits 'shewed a'. 1932. St2: 'the Dunkircker our true enemy es'. 1933. St2 adds: 'ffreelye' (+ 813). 1934. Pet. omits this paragraph and places it after the fens bill below (+ Eg., Ha7, Gor.) 1935. Ha7: 'three hundred acres'. 1936. Ha7 omits. 1937. St2: 'au (+ St3, FH, Cam.); Gor.: 'aux'. 1938. Pet. omits 'same in' (+ Eg., Ha7). 1939. St2: 'comvues (+ 813); Ha2: 'contoines'; Eg., Ha7: 'annexes'; Pet.: '''auvenesl (+ Gor.).

1940. St2: 'taille'. 1941. St2: 'ffynes' (+ 813). 1942. Pet. inserts the omitted paragraph here (+ Eg., Ha7, Gor.). See SR, iv.977-8 for 43 Eliz., c.n. 1943. FH omits '6 December Sondaye', and places 'Mondaie 7° Decembris' against the fen-draining bill of the previous day. 1944. Pet.: 'lady' (+ Eg., Ha7, Gor.). See above, f.H5 and n.i8i5. 1945. St2: 'execution' (+ 813, Ha2, Cam., FH). 1946. Pet.: 'olde' (+ Eg., Ha7, Gor.). 1947- Eg-: 'fcile' (+ Pet., Ha?); FH: 'if it faile or fall into a consumption'; St2: 'ffalle' (+ 813, Ha2, Cam., Gor.). 1948. 813: 'statute'. 1949. Cam. omits. 1950. St2: 'haveinge' (+ St.). 1951. Eg.: 'by' (+ Hay). 1952. Hay: 'you'.

439

£.125

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440


because a suite in Chauncerye is to longe a course, and the marchant cannot ynduer delayes; secondlye, because our courtes have not the knoweledge of ther termes, neyther can they tell what to saye uppon their cases, which be secrettes in their scyence, proceedinge out of their experience. I refferre the bills, both old and newe, to your consideracions, wisheinge good successe therin, both ffor the comforte of the marchant, and performance of our desiers.1953 The acte is entitled "An acte ffor pollecye of assurances used amonge marchantes".'1954 Sir Edward Hobbie said, 'It was the good pleasuer of this Howse to reffer the consideracion of an informacion exhibited againste a member of this Howse, one of the burgesses ffor the towne1955 of Leycester (viz.) Mr Belgrave, the scope and purpose of which informacion pretendeth an abuse to be done to this Highe Courte. The gentleman himselfe was at the committie, and did acknowledge the substance of the suggestion, but denyed the circumstance. Some of the committies censured yt to be an enormeous ffaulte to ynveste himselfe (ffor soe the wordes of the informacion are) in a blewe coate, but £.126 otherwyse1956 / weare of a contrarye oppinyon because they were satisfyed uppon allegacions alledged that it was done ad redunandam™57 vexationem which had bene offerred to him, and soe he thought to right himselfe this wayes. 'Besides I ame to informe the Howse that this informacion ys put in sedente curia; and therfore thought by the committies to be some disgrace to the same. And because this gentleman should not take benefitt of this pardon, therfore the informacion ys nowe put in, as I said, sedente curia; which I wishe the Howse to note, and because he should be debarred of remedye agaynste the partye, he hath therfore caused the same to be exhibited in Mr Atturney Generall's name. Maye it please the Howse, because he desireth to be heard, and beinge nowe heare,1958 that he maye speake himselfe, in that he tould the committies he had some specyall matter to deliver unto yow, and yf he shalbe ffound culpable, he would moste willinglye abyde your censuers.' But because other statutes were to be read of ymportance, this was refferred over till some other tyme. An acte ffor contynuance of divers statutes and repeale of some others. Mr Francis Moore desired yt might be read, and alsoe the exposition of the v. justicees uppon the statute of 39 Elizabeth o f / roagues, which yf it please the Howse he thought ffitt to be annexed to that statute.1959 Mr Bacon said, 'There were never yett but two articuli, th'one articuli super chartas,^960 when the sword stood in the Commons' hand, the other articuli cleri, when the clergie of the land1961 bare swaye, and that done uppon deliberacion and grave advyse. I beseeche yow remember these are done by judges, and privatelye, and perhappes in a chamber, and shall we presentlye1962 without scanninge or1963 veiwe enacte them? It befittes not the gravitye of this Howse', etc. And soe after a longe speeche dashte it, etc. Mr Doctor Carye and Doctor Stanhoppe brought a bill rrrom the Lordes intitled 'An acte ffor the more peaceable goverment of the partes of


Cumberland, Northumberland, Westmerland, and the Bishopricke of Duresme.'1964 An acte ffor the dowble payment of debtes sent1965 up by Mr Comptroler, and a desier withall to have some conferrence with some ffewe toucheinge the bill sent frrom them of1966 Eye and Dunsden to be reunited to the manner of Sunninge. The cause of this conferrence came frrom a mocion made by Mr Sergeant Harrys, whoe said that ffor some especyall cause and interrest yt was desired (which I learned after it / was by Mr Phetiplace, burgesse ffor London) that ther was an admittinge of all assurances soe1967 the Londoners barred of their righte which they had by reason that this Eye and Dunsden were parte of the landes assured to the Cittye of London ffor the loane of twentye thowsand powndes1968 to the Queene, to be repayed at a certeyne tyme, and yf this acte should thus passes they weare barred. The Lordes returned worde there would1969 ten of them meete and soe twelve of our Howse weare chosen1970 to meete them tomorrowe in the afternoone. Mr Bacon, uppon a question that shoulde have bene propounded1971 to the Howse, whether the statute of 39 Elizabeth toucheinge charritable uses should be by1972 the generall acte or by the particuler acte, made and exhibited by Mr Phillips, said, amonge manye other thinges, that the last parleament there weare soe manye other bills ffor the releefe of the poore that he called yt a ffeast of charritye, and no we this statute of 39 haveinge done soe muche good, as yt was delivered to the Howse, and the Lord Keeper haveinge tould him that he never revoked but one decree of the commissioners, we should doe a most uncharritable accion to repeale and subvert1973 such amownte1974 of charritye, and therfore / we should rayther tenderlye ffoster yt then roughlie crye awaye with it. 'I speake' (quoth he) 'Mr Speaker even out of the very stringes of my harte, which doth alter my ordinarye fforme1975 of speeche, ffor I speake not 1953. 1954. 1955. 1956. i95y.

1958. 1959.

1960. 1961. 1962.

Eg.: 'duties' (+ Pet., Hay). See SR, iv.978-9 for 43 Eliz., c.i2. Hay: 'city'. St2: 'others were' (+ 813, Cam., Ha2, FH). ^ Ha2: 'remediendam'; 813: 'redimendam' (+ Pet, Eg., Hay, Cam., Gor.); FH: 'redimendum' (+ St2). St2: 'heard' (+ 813). See SR, ^.899-902 for 39 Eliz., 0.4. The 1601 continuance statute (43 Eliz., c.9) merely sanctioned its renewal until the end of the first session of the next parliament (SR, iv-973)Gor. 'chartis'. Cam. omits: 'of the land'. St2 omits (+ 813); Hay: 'shall not presently'.

1963. 1964. 1965. 1966. i96y. 1968. 1969. I9yo.

i9yi. I9y2. I9y3. I9y4. I9y5.

813: 'our'. See SR, iv.9y9-8i: the title is correct. St2: 'sett' (+ 813). 813: 'to'. St2: 'ffor'. Ha2: '200,000'''. Pet. omits: 'there would' (+ Eg., Hay). Eg.: 'ordered' (+ Pet., Hay); FH: 'soe it was agreed that twelve of our Howse should be appointed'. 813: 'expounded'. St2 omits (+ 813, Cam.); Pet. omits 'be' (+ Eg., Hay, FH, Ha2). Ha2 omits 'and subvert'. MS may read 'a mownte' here, as other MSS. FH: 'my former order'.

441

f.i2y

v.

442

£.128

v.


nowe out of the ffervencye of my brayne,' etc. Soe he spake some thinge more agaynst the bill put in by Mr Phillips1976 ffor repeale, by reasone bishops' landes weare put in, and inrolmentes etc,1977 which he said was a good ffetche and polecye ffor the sold1978 practises of the Chauncerye. Mr Phillips answered that he would not speake as he had spoken rayther out of humor then out of judgment, neyther had he brought to the Howse1979 a markett bill or mercers' bill concerninge the State,1980 etc. And soe after manye perswasions ffor the bill and bitter answers to Mr Bacon etc., he ended with desired1981 to put it to the question whether it should be repealed by the publicque acte or by his private bill, etc. Mr Johnson moved that the question might be whether it should be as well in the generall lawe as the particuler. Mr Glascocke said, 'I thincke the gentleman that laste spake (Mr Johnson, a survayor) hath better skill in measureinge of lande / then men's consciences. I thincke it is a good lawe and ffitt still to stand on ffoote, ffor yf we loose religion, lett us loose land1982 to. It wilbe a good cause1983 that every man will, yf not ffor religion sake, yett ffor his landes' sake, which is his whole estate, abandone the settinge of those howses agayne, because he will not parte therwith. Therfore, I thincke it in pollecye ffitt still to stand.'1984 Soe after muche longe dispute, almoste till one of the clocke,1985 it was put to the question, ffirst whether it shalbe repealed by the generall lawe of repeale and contynuance1986 of statutes, and the moste voyces by sound [cryed]1987 'I, I, I'. And soe it was agreed. 8 December, Tuesdaye.1988 An acte prohibitinge the transportacion of iron ordynance beyound the seas by waye of marchandize. Sir Edward Hobbie said, 'I maye resemble this to1989 a gentleman whoe tould a storye of a skilfull paynter whoe paynted a tree in the sea soe livelye etc., and the judgment was "O valde bene, sed hie non erat locus". Soe I saye. This bill is an excellent bill, the matter fowle, the requeste and remedye good and honest; but this is not our meanefs] of redresse. Her Majestic in the late proclamacion tooke notyce1990 therof, and noe dowte she will redresse yt; and ffor us nowe to enter agayne in1991 / bringinge in or allowinge actes agaynste monopolyes yt is to refuse her Majestie's gracyous ffavour and cleave to our owne affections. I thincke therfore, yf we will deale herin, by peticion wilbe our onlye course; this ys a matter of prerogatyve and this noe place,' etc. Mr Phetiplace said, 'I knowe her Majestie receyveth yearlie by custome ffor the transportacion of these ordynance 3000'' by yeare. There be ffower kindes of ordinance nowe usuallye1992 transported. The ffirst a ffaulcon of the least weight and bore.1993 The second a mynion, a little heavyer, and bigger bore. The third a1994 saker, and some what greater bore. The ffowerth a demye culveringe, beinge the greatest bore. Nowe, Mr Speaker, they which transporte ordynance doe transporte in this manner, if it be a ffaulcon, she shall have the weight of a minyon, and soe yf1995 a sacre, the weight of a demye culveringe.

JournalsiTownshend's journal, 27 October-ig December

443

The reason herof is because when they be brought beyound sea they will there newe bore them to a greater sise as1996 the sacre to the demye culveringe bore. Besides, Mr Speaker, eight tonne of iron ordynance will make fryve tonne of good iron. But it will perhappes be obiected that yf we / restrayne the £129 transportacion they will use brasse peeces. I saye, under fFavore, ffirste they cannot, because they wante brasse, and agayne, where yow maye ffurnishe a shipp ffor 2O01' or 300'' with iron ordynance, yow cannot ffurnishe her with brasse ordynance ffor I4O01'. And it is no we growne soe common, that yf yow would send marchandize beyound the seas in strangers' bottomes, they will not carrye it unlesse yow will ballaste their shippes and lade them with some ordynance. The ordynance be carryed to Callyes, Embden, Lubecke, Rochell, Breste, Saint John de Luce, Porta Rania,1997 and other places. All these be confederates with Spayne, and ffrindes with Dunckerke, soe that in helpinge them we doe not onlye helpe1998 our ffrindes but succore1999 the Spanyardes, their ffrindes and our enemyes. Yf the Queene would but fforbid the transportacion of ordynance but ffor vijen yeares yt would breed suche a scarsitye in the Spanyard that we might have him where we would. Some (noe dowbte) the sea would devouer, some would be2000 taken, and the store which he nowe hath would be scattered, and therby his fforce weakened. They have soe muche iron in Spayne out of England that they doe ordinarilye sell a hundred weight of iron ordynance ffor seaven2001 duckettes and a halfe Spanishe. And yf the Spanyard doe make it a cappitall / matter but to v. transporte an horse or a jennett, muche more ought we to have specyall care2002 herin when wee shall arme even our owne enemy es agaynste our selves. I thincke therfore to proceed by waye of bill would savore of curbinge her 1976. Eg.: 'Phettiplace' (+ Hay). 1977. The earlier act (SR, ^.903-4) covered the revenues of colleges and hospitals founded for charitable purposes; the 1601 act (SR, iv.968-9) spoke only of lands, etc., given over for the purpose. 1978. Sic. other MSS: 'sole'. 1979. FH adds 'a merchante bill'. 1980. St2: 'statute' (+ 813). Eg.: 'mercers' bill or any of that nature, but a bill concerninge the state' (+ Pet., Ha7, Gor.). 1981. Sic. 1982. Cam.: 'lawe'. 1983. Cam. omits 'a good'. 1984. Ha2 repeats 'on ffoote, ffor. . . still to stand'. 1985. Ha7 omits 'almost till one of the clocke'. 1986. Ha2: 'discontinuance'. 1987. From Ha2 (+ Cam.).

1988. Ha2: Tursday' (sic). 1989. Eg. adds 'the saying of a gentleman' (+ Pet., Ha7, Gor.). 1990. Pet.: 'tolis' (?). 1991. Pet.: 'or' (+ Eg., Hay). 1992. 813: 'speciallie'. 1993- P £ t- omits this word hereafter in listing the four kinds of ordnance (+ Eg., Hay, Gor.). 1994. Cam. omits 'third a'. 1995. St2: 'of (+ St3, FH). 1996. St2: 'and' (+ 813). I99y. St2: 'Rama'; Pet.: 'Riva' (+ Eg., Hay); Ha2: 'Ravia' (+ Cam., 813, FH, Gor.). 1998. St2: 'hurte' (+ 813, Ha2, Cam., FH, Gor.). 1999. Ha2: 'favour'. 2000. Ha2: 'by'. 2001. Ha2: 'iy'. 2002. Ha2: jennett, much ought our care to be herein'.

444

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Majestie's prerogative, but to proceed by waye of peticion yt is a safe course, and pleasinge, and we ought the reyther to be induced therto because alreadie we have ffounde it succesfull.' Mr Browne the lawyer said, 'There is lawe alreadie in the poynte, and that is in the 332003 Henry 8, ca.y and in the 2 Edward2004 6, ca.37,2005 which prohibiteth the transportacion of gonne mettall.2006 And althoughe gonnes were not then made of iron,2007 yet nowe they are, and therfore, perhappes yow will saye, out of this statute. But yt was latelye judged in Worlinton and Simson's case to be clearlye within the very letter of the lawe. And I am suer gunnes be made of gunne mettall, and whoesoever transported! gunnes, transported! gunne mettall,2008 and it is within the danger of that lawe. But that which I would move is onlye this, that we might be peticioners to her Majestic to revoke that pattent, and then currat lex.'2009 Sir Walter Raleigh said, 'I am suer heretofore one shippe of her Majestie's was able to beate an hundred Spanyardes, but nowe by reason of our owne ordynance we are hardlye matchte one to one. And yf the Lowe / Countryes should eyther be subdued by the Spanyard or yeild unto him uppon a condicionall peace, or shall joyne in amitye with the Frenche, as we see them daylie ynclyneinge, I saye there is nothinge soe muche threaten the conqueste of this kingdome or more then the transportacion of ordynance. And therfore I thincke it a good and speedie course to proceed by waye of peticion, least we be cutt of ffrom our desiers eyther by the Upper Howse, or before by the shortnes and suddayne endeinge of the parleament.' Mr Carye said, 'We take it ffor a use in the Howse that when any greate and weightye matter or bill is here handled, we streight saye it toucheth the prerogative and must not be medled withall. And soe we that come heere to doe our countryes good bereave them of that good helpe we maye justlye administer, Mr Speaker.2010 Qui vadit plane, vadit sane.2011 Lett us laye downe our greefes in the preamble of our bill and make yt by waye of peticion, and I dowbte not but her Majestic beinge trulye infformed of yt will give her royall assent.' Mr Secretarye Harbert said, 'The makeinge of armamentaria2012 is a regalitye belonginge only to the power of the kinge and the Crowne of England, and therfore noe man can eyther cast or transporte without licence. Yt stood perhappes with the pollecye of fformer tymes to suffer transportacion, but as the tymes / alter,2013 soe doth the goverment, and noe dowbte but yt is verye hurtefull and perncious2014 to the State. And therfore I am of the oppinyon that it ys verye ffitt this transportacion should be stayed, and I concurre onlye with them which would have it by waye of peticion, and not by bill.' Mr William Hackwell of Lincolne's Inne said, 'I knowe the authoritye of the worthie Counsellor that last spake will ingeminate2015 your censures to yeild2016 to his2017 obiection, yett notwithstandinge, I beseeche yow suppose him to be a man of my condicion, or me to be2018 a man of his sorte, soe I dowbte not but our persones beinge equalized, the matter will soone be decided. Where he sayth transportacion is2019 necessarye to ayde our ffrindes

Journals:Townshend's journal, 27 October-ig December and retayne2020 their allyance, I answere that is2021 the subtiltye and covetousnes of our ffrindes, whoe ffindeinge the inestimable gayne and treasure they have by ordynance brought ffrom us, doe not onlye desier them ffor gayne but alsoe2022 to gayne to themselves confederates. By which meanes, succoringe our ffrindes we ayde our enemyes, ffor looke2023 whatsoever wee give them wee deducte ffrom our selves. Nowe lett us stoppe this transportacion and that gready weakens their fforcees, by which meanes they will never be able to encounter us hand to hande. Our ordynance (this precyous juell of our realme,2024 worth even all we have) is as ffamilliarlye sould in the countrye of our confederates as any thinge in this land. But beinge / stopped, they must be ffayne2025 to take supplye ffrom their portes to their shippes, ffrom their shippes to the ffeilde, and ffrom the ffeild to other places,' etc.2026 Sir Francis Hastinges said, 'Howe swiftlye and2027 sweetlye her Majestic apprehended our late greifes I thincke there is noe subiecte but knoweth. For us then to deale in a matter soe highelye toucheinge her prerogatyve, wee shall not onlye give her Majestic iust cause of offence, but iust cause2028 to denye our proceedinge by bill.2029 I thincke therfore by layeinge open our greifes in a peticion yt will move the harte of her Majestic asmuche, beinge a case of this consequence, as our ffirst mocion by Mr Speaker hath done. And therfore I ame of oppinyon there is noe waye but this waye ffor our safetye', etc.2030 Sir George Moore said, 'It is in vayne to dispute of the matter when the manner is onlye in question, and as vayne to loose the matter by over longe dispute of the manner. The2031 late experyence of her Majestie's love and clemencye towardes us, and of her care over us, striketh suche an awfull2032 regard into my harte that I wholye dislike this proceedinge by bill and onlye doe approve our fformer mocion by waye of peticion.' 2003. 2004. 2005. 2006.

2Ooy. 2008. 2009. 2010. 2011.

2012. 2013. 2014. 2015.

Eg.: '38' (+ Hay). Ha2: 'Elizabeth'. Eg. omits - blank in MS (+ Hay). 33 Hen. VIII, c.y (1541-2) on the conveyance of brass, latten and bell metal, and 2 Ed. VI, c.3y (1548) for exporting bell metal, in SR, iii.836; iv-93-4See below (fos.i3iv—2) for Harris. Gor. omits 'And I ... gunne mettalT. Pet. 'curret' (+ Eg., Hay). St2 omits 'Mr Speaker'. Hay: 'Qui vadit bene vadit plane'; Ha2: 'piano'. Tilley, p.yn cites Larimer's sermons (1549); cf. Prov. 10.9; 28.18. 813: 'armamentary'. Hay: 'are'. Eg.: 'prejuditious' (+ Hay, Pet.); FH: 'preiudiciale'. St2: '. . . spake willinge to minte(?) your. . .'; 813: 'willing minate(?)'.

2016. 20iy. 2018. 2019. 2020. 2021. 2022. 2023. 2024. 2025. 2026. 202y. 2028. 2029. 2030. 2031. 2032.

St2 omits: 'to yield' (+ St3). St2: 'this' (+ St3). St2 omits (+ St3). FH adds 'not'. St2: 'certayne' (+ 813). 813: 'that it is' (+ Cam., Hay, FH). FH: 'only'; Hay omits 'but alsoe to gayne'. St2 omits (+ St3). Cam. omits 'of our realme'. FH: 'constrayned'. Pet. adds 'And soe a bill, etc' (+ Eg., Hay). FH omits 'swiftlye and'. Pet. omits 'of offence, but iust cause' (+ Eg., Hay). St2: 'it' (+ St3, Ha2, FH, Cam.). Gor. omits 'ffor our safetye', etc'. St2: 'to' (+ St3). St2: 'a woeful!' (+ St3).

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The Tenth Parliament: 27 October-ig December 1601 Mr Lawrence Hyde said, 'Mr Speaker, it is dowbted by some that this bill will not passe / by reason of the suddayne endinge of the parleamente. For that, I thincke, yf we give not to muche scope to pryvate2033 bills,2034 this bill would quicklye passe. And I see noe reason but we maye well proceed by bill and not touche her Majestie's prerogative, ffor her Majestic is not more carefull and watchfull to her prerogatyve then the noble prynce of ffamous memorye Kinge Henry 8 her ffather and Kinge Edward2035 6 her brother were. Then there was noe dowbte or mencion of the prerogatyve. And therfore I thincke our sureste and soundeste course is by waye of bill', etc. Mr Comptroler said, 'I wishe we should deale in suche manner as we maye have our desier, and that in dutye we should proceed to speake unto the Queene by waye of peticion, and not by waye of bill and contestacion. We muste note that her selfe and her prerogatyve2036 will not be fforced, and I doe not hould this course by waye of bill eyther to stand with respecte or dutye.' Mr Swale2037 of the Middle Temple said, 'I would but move thus muche to the Howse. Yf we lett slippe this lawe and proceed by waye of peticion, then is there noe lawe to prohibitte but the lawe of 3 3 Henry 8 and 2 Edward 6, and those lawes gives soe smale a remedye that it is noe recompence to the losse of the thinge,' etc. Mr Sergeante Harrys said, 'Yt hathe bene thought that the fFormer statutes doe not / stretch to ordynance made of iron,2038 but maye it please the Howse to committe the bill, there shalbe shewed to the committies ffower or ffyve presidentes and late judgmentes that irone gunnes come within this lawe,' etc. Mr Sollicetor Flemminge said, 'The gentleman that last spake said verye true, ffor it was latelye in Michell's case in the Exchequer.' Soe it was committed this afternoone in the Howse. Mr Belgrave said, 'Mr Speaker, modestie forbiddes me to speake in my owne case that soe neerlye concernes me, but necessitye urgeth me to appeale to this Highe Courte. True it is ther is an informacion exhibited agaynste me in the Starchamber by the procurement of an honorable person of the Upper Howse (the Earle of Huntington), in the name of Mr Atturnye Generall, ffor a misdemeanor committed to this Highe Courte. The substance of that informacion I confesse; yet I am to be an humble suitor to this Howse to understand whether an informacion ys to be exhibited (this Howse sittinge) agaynste any member therof. And ffor my owne parte I doe submitte my selfe to abyde suche censure as this Howse shall thincke in their wisdomes convenyent', etc. Sir George Moore, veiwinge the informacion, said, 'I ffmd the wordes therof to be agaynste the Highe Courte of Parleamente, which is aswell the / Upper Howse as this Howse, and therfore I wishe there might be a conferrence with the Lordes herin. Nowe this Howse is but a parte and a member of the parleamente and therefore wee solelye cannot proceed.' Mr Sergeant Harrys said, 'In the 362039 Henry 8 when Ferrys' case was (whoe was a member of this Howse) did not wee proceed without any conferrence with the Lordes? Here2040 ought to be Hbera sujfragia, and noe man of this


Howse to be chosen by any ffrindes or mediacion of anye greate man; neyther ought wee to be tyed by any blewe coate in the world. But as our persones are privelidged, soe should our speeche be, and therfore I see noe reason to conferre with the Lordes when wee maye proceed our selves.' Sir Edward Hobbie said, 'Yf the case were but playne of it selfe I should be of the gentleman's mynde that last spake, but I am given to understand, and alsoe desired to informe the Howse, that this informacion was put into the Starre Chamber by some kinde of order ffrom the Lordes, and therfore very convenyent a confferrence should be had.' Sir Francis Hastinges (brother to the Earle of Huntingdon) said, 'To enter into consideracion of this cause2041 by reporte I will, and otherwyse I cannot. I knowe noe man but respecteth the honorable persone himselfe, and ffor this gentleman, Mr Belgrave, I ever tooke / him, and soe doe, to be a man of verye good carryage; to condemne him I doe not meane. But I humblie praye that a course ffor his honor2042 maye be taken, and the matter soe handled that the honor of the persone maye be saved, the gentleman ffreed ffrom ffurther offence, and this cause ended with good conclusion.'2043 Mr Dale said, 'Id possumus quod2044 iure possumus, and therfore restinge in dowbte herin, the safest course a conferrence', etc.2045 Mr Tate said, 'It is not good to utter suddayne thoughtes in greate matters. Our dispute may seeme to have this end, eyther to incurre2046 the danger of our privelidges by not regardinge this cause, or to prye to neare into her2047 Majestie's prerogatyve by examininge informacions exhibited into the Starchamber. Wherfore I thinge2048 wee ought to be peticioners' (nota verbum: peticioners) 'or at least to shewe our greifes to the Lordes, and yf by an order ffrom them (as was alledged) this infformacion was put in, me thinckes2049 in reason a conferrence were good to examyn the cause and informe this Howse trulye therof.' Mr Skipwith the pencioner2050 said, 'Yf I knewe, or did thincke that any wronge were offerred to the Earle2051 of Huntington, I would reyther be a peticioner ffor this gentleman unto him then I would be a protector of him 2033. 2034. 2035. 2036. 203y. 2038. 2039.

2040. 2041. 2042. 2043.

FH: 'other'. St3 omits 'yf we give . . . private bills'. Hay: 'Henry'. Pet.: 'progenitors' (+ Eg., Hay). Commons: Swayne, Richard. See above, f.i29v. Correctly 33 (S. E. Lehmberg, The Later Parliaments of Henry VIII (1977), p.32y, n.iy2. St2: 'hee' (+ 813). Ha2: 'house'. Ha2 omits 'ffor his honor'. Gor. adds 'and I protest I am not privy to the prosecution' (+ Pet., Eg., Hay).

2044. 2045. 2046. 2O4y. 2048. 2049. 2050.

FH adds 'de' (+ Cam.). Eg. omits this entry (+ Hay). Ha2: 'concurr'. Ha2: 'his'. Sic. St2: 'thincke' (+ other MSS). St2: 'wee thincke'. FH omits 'the pencioner'. Commons assumes this is William Skipwith, because he was the member for the shire. Edward Skipwith did, however, have a legal background in Lincoln's Inn, though Commons has no record of his being Pensioner there. 2051. Pet.: 'Lord' (+ Eg., Hay).

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agaynst / him. I knowe Mr Belgrave wrytte his lettre to my lord, and that it pleased his honor to answere him, and that he offerred to ffollowe his honor in that sorte as is frittinge for a gentleman of his worth, and rayther his honor then any man in England. This I take it2052 maye satisfye the Howse ffor answere to the fFirst parte of the informacion, which conteyneth a dishonor offerred to the Earle. For the second, which is deceyvinge2053 of the burgesses, I doe assuer2054 this Howse they were both willinge and worthie to be deceyved. I knowe they had given their voyces and desired Mr Belgrave to undertake yt. For the wronge to this Courte I hope this Courte hath wisdome enoughe to right it selfe without any course to be taken in the Starchamber, yett by your flavors I maye saye thus muche, that yf we should punishe him ffor comeinge indirectlye to this place, we should punishe three partes of this Howse, ffor none ought to be chosen but those that be resident and sworne burgesses of the towne.' Sir Roberte Wrothe2055 said, 'This matter needes not soe muche dispute.2056 In the laste2057 yeare of Queene Marye, between Pleadall2058 and Pleadall, yt pleased the lordes of the Starchamber, sedente Parleamento, to binde the one at the suite of the other to appeare xij dayes after the2059 parleamente, and this adiudged to be an inffringmente of the libertyes of this Howse.' / Mr Davis said, 'The infformacion savours more of witte then malyce, and therfore I thincke uppon conferrence with the Lordes the matter maye be brought to good end. I therefore humblie praye it maye be put to the question, and that the bill maye be sent ffor out of the Starchamber.' Mr Carye said, 'Mr Speaker, I take it the course hath bene that yf the Howse be desirous to see any record, yow, Mr Speaker, should send a warrante to the Lord Keeper to graunte fforth a certiorare,2060 to have the record (as ffor the purpose, this infformacion) brought into this Howse, and uppon veiwe therof perhappes this matter of dispute would take end.' Sir Francis Hastinges offerred to speake agayne in this matter, but Mr Bacon interrupted him and tould him it was agaynste the course. To which he answered he was ould enoughe to knowe when and howe often to speake. To which Mr Bacon answered yt was noe matter, but he needed not be soe hott in an yll cause. To which Sir Francis replyed, 'In severall matters of debate a man maye speake often, soe I take it is the order. He' (poynteinge to Mr Bacon) 'takes of his hatte.2061 I'le tell yow, yf I be2062 soe hotte as he was yesterdaye, then put me out of doores.2063 'The onlye thinge that I would saye is this. / I wishe a confferrence maye be had with the Lordes because2064 the matter maye be brought to some ffrindlye end, ffor God knowes what maye lye in the decke2065 tyll after the parleament. And I suspecte it the more because the infformacion is fryled and2066 noe processe ys sued fforthe.' Mr Grevill said, 'I wishe that in our conferrence we doe not neglecte our priveledges, and that we maye be a meanes of mediacion,'2067 etc.


Soe Mr Comptroler with some others were sent to desier a confferrence which was agreed unto by the Lordes, on Thursdaye morninge at eight a clocke. Mr Speaker said, 'I am to certifye yow ffrom the Lordes of a greate disorder committed by the pages and servantes as well by2068 the Lordes themselves as of your servantes and attendantes, soe that not onlye abuse is ofFerred, but weapons, and blowde drawne. For remedie wherof the Lordes have given straight commaundemente that their servantes keepe peaceable and quyett order, and that neyther their pages, attendantes, or servantes doe stand uppon the stayers, or neerer the Howse then the stayer ffoote. They desier that every member of this Howse would doe the like to their servantes, and soe exprreslye to chardge and commaund them, and I would move yow that yow woulde be / pleased the Sergeant might goe fforth and signifye soe muche2069 ffrom yow unto the companye without.' And all said 'I, I, I'. Mr Wyseman said, 'The disorder Mr Speaker speakes of is no we growne soe greate that they have their passes and repasses, and men dare not goe downe the stayers without a conductor.' Soe the Sergeant went and delivered the message, and the abuse was well reformed. An acte ffor the assureinge of the joynture of the Countesse of Sussex. Mr Sergeant Yelverton, Doctor Carye, and Doctor Stanhoppe came ffrom the Lordes, and Sergeant Yelverton signifyed the Lordes' desier of a confferrence in the bill ffor pattentes made by the Queene and grauntes to her, etc., which the Lordes did the more respecte because it was recommended unto them ffrom the Howse. The tyme tomorrowe morninge at eight of the clocke, the nomber twentye. Soe after they went out it was agreed they should be mette with a convenyent nomber, and then they were called in agayne (accordinge to the ceremonye of the Howse) and the Howse's resolucion delivered, etc.

2052. St2 omits (+ Sts). 2053. Ha2: '. . . which is deceived in deceivinge'. 2054. Pet.: 'answer' (+ Eg., Hay). 2055. Cam.: 'Worth'. 2056. Eg. adds 'There is a president in this Howse to this point' (+ Pet., Hay). 205y. Cam. omits. 2058. St2: 'PlendalT, and hereafter (+ 813). See Commons, ed. Bindoff, sub Pleydell, Gabriel. 2059. St2: 'in' (+ St3). 2060. Sic. 2061. St2: 'He . . . talkers of heate'; Ha2: '. . . talkes of heate' (+ 813, Cam.,

2062. 2063. 2064. 2065. 2066. 2o6y. 2068. 2069.

Gor.); Pet.: '. . . bakes of heate. I'le tell yow, if I be so heate as he . . .' (+ Eg., Hay). FH: '. . . the order a man may. Then he poynting to Mr Bacon said, "If I be..."'. Eg.: 'the House' (+ Pet., Hay). St2: 'that' (+ 813). FH: 'dike'; Eg.: 'darke' (+ Hay). Eg.: '. . . because of the information and' (+ Hay); Pet. omits 'is flyled'. St2: 'moderacion' (+ 813). Other MSS: 'of; St2 places 'and attendantes' after 'pages and servantes' St2 omits 'soe muche'.

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The Tenth Parliament: 27 October-ig December 1601 Mr Sergeant Harrys said, 'Mr Speaker, the auntient use hath bene alwayes to dowble or treble the nomber. The last committies / were aboute2070 60. I thincke by reason they weare committies and are best infformed that they shoulde attend the Lordes.' And soe it was agreed. His conceyte was, sell the great bell to buye the little bell a clapper. In the afternoone in the Howse, the bill ffor ffustians was to be debated, but by reason the Devonshier men made a ffaction agaynst yt, after smale dispute it was put to the question whether it should be ffurther disputed in, and moste said 'Noe, noe', and ther weare some six 'I, I, I', the rayther ffor that it had a prohibition ffor bringinge in of Millayne2071 ffustians, and alsoe a desier to be made a corporacion. But Mr Francis Bacon kepte suche a quoyle to have a bill of charritable uses in question, which was also then to be debated, that this bill was cleane huste2072 upp. 9 December, Wednesdaye.2073 An acte ffor establisheinge of certayne conveyances and state of landes betwixte one Sandes and Harris. An acte toucheinge gavell kinde2074 landes ordered to be engrossed. An acte ffor the erectinge of a2075 haven in the northe partes of Devon, ordered to be engrossed. An acte2076 ffor the Trinitye Howse, entitled 'An acte ffor mayntenance of shippinge and increase of seaffareing men', committed to this afternoone. / An acte2077 ffor the conffirmacion of the Mayor of London's aucthoritye in Ste Katheryne's, etc., ordered to be engrossed. An acte ffor the true makeinge of all clothe was committed ffor tomorrowe in the Exchequer Chamber. After the readinge of this bill2078 Mr Doctor Newman2079 offerred a provisoe to be added to the bill, ffor saveinge the alneger's right and the Queene's custome; and the Howse bad him keepe it, and offerre it to the committies.2080 Sir Edward Hobbe offerred a breiffe to the Howse of the confferrence that should be had with the Lordes toucheinge Mr Belgrave's matter. The effect wherof beinge read to the Howse was this, (viz.) the confferrence with2081 the Lordes must consiste of two poyntes, ffirst toucheinge an offence by Mr Belgrave, second, ffor the inffringinge of the libertye of the Howse. For the ffirst, that the Commons would doe nothinge therin till a confferrence with them; ffor the second, the reason of their Lordshippes' appoyntment of the infformacion, and to bringe it to some end. The Howse agreed to the poyntes, and allowed of them. An acte ffor the more peaceable govermente of the counties of Northumberland, Cumberland, Westmerland, and the / Bishopricke of Durham, the ffirst readinge. The poyntes to be considered of in the contynuance of statutes were read, and offerred still to dispute whether2082 the statute of tyllage should be contynued.


Mr Johnson said, 'In the tyme of dearth, when wee made this statute, it was not considered that the hand of God was uppon us, and nowe corne is cheape, and yf2083 to cheape the husbandman is undone, whome we muste provide fFor, ffor he is the staple man of the kingdome.' And soe after manye argumentes he concluded yt was ffitt to be repealed. Mr Bacon said, 'The ould comendacion of Italye by the poett is, "Potens fim,2084 atque ubere gleba";20S5 and it standes not with the pollecye of the State that the welth of the kingdome should be engrossed into a ffewe pasturers'2086 handes.2087 And yf yow will put in soe manye provisoes as be desired, yow will make soe greate a windowe out of the lawe that wee shall put the lawe out at the windowe,' etc. The husbandman a stronge and hardye man, the2088 good ffooteman, which is a cheife observacion of good warryers, etc. Soe he concluded the statute not to be repealed, etc. Sir Walter Raleighe said, 'I thincke this / lawe ffitt to be repealed, ffor manye poore men are not able to ffind seede to sowe so muche as they are bound to plowghe, which they must doe, or incurre the penaltye of the lawe. Besides, all nations abound with corne. Fraunce offerred the Queene to serve Ireland with corne fFor xvjs a quarter, which is but ijs a bushell: yf wee should sell it soe heere, the plowgheman would be beggered. The Lowe Countrye man and the Hollander, which never soweth corne, hath by his industrye suche plentye that they will serve other nacions. The Spanyard, whoe often wanteth corne, had we never soe muche plentye will not be behouldinge to the Englishman ffor yt, neyther to the Lowe Countryeman, nor to Fraunce, but will ffetche it even2089 of the verye Barbaryan. And that which the Barbaryans have bene sueinge ffor these 200 yeares (I meane ffor trafficque of corne into Spayne) this kinge in pollecye hath sett at libertye himselfe because he will not be behouldinge to other nations. And therfore I thincke the beste course to sett yt at libertye and leave every man ffree, which is the desier of a true Englishman.' Mr Secretarye Cecill said, 'I doe not dwell in the countrye, and I am not acquaynted / with the plowghe, but I thincke that whoesoe ever doth not mayneteyne the plowghe destroyes this kingdome. There was the laste 2070. 2071. 2072. 2073. 2074. 2075. 2076. 2077. 2078. 2079.

St2: 'above'; Ha2: 'but'. St2: 'Millian'. Pet.: 'shut' (+ Eg., Ha7). FH omits date and day. Ha2: 'Pavelkind'. Pet- omits 'erecting of a' (+ Eg., Ha7). St2 omits. St2 omits. Pet. ends the sentence at this point (+ Eg., Ha7). Commons: George Newman became judge of the Admiralty of the Cinque Ports in March 1602.

2080. FH has 'Wednesdaie 9° Decembris' after this entry. 2081. St2: 'of (+ St3). 2082. St2: 'neyther'. 2083. St2 omits (+ St3). 2084. St2: 'vini'. 2085. 813: "glebis: Cam.: 'gliba'. Cf. Virgil, Aenead, i, 531. 2086. FH: 'pastures'. 2087. St2: '. . . a ffewe pastures' (+ St3); Ha2: 'a fewe pastores handes'. 2088. St2 omits 'man, the'. 2089. Gor.: 'ever'.

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£138

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parleament greate argumente in this poynte, and after a deliberate disputacion the passage of this bill2090 was concluded. My motion therfore shalbe that this lawe maye not2091 be repealed, excepte fformer lawes maye be in fforce and revived.2092 Saye that a glutte of corne should be, have we not sufficient remedie by transportacion, which is allowable by the pollecye of all nations? I cannott be induced or guyded ffrom this oppinyon uppon goverment of fforrayne states.2093 I am suer when warrantes goe ffrom the Councell ffor levyeinge of men in the countryes, and the certifficates be returned unto us agayne, we ffinde the greatest parte of them to be plowghmen. And exceptinge Sir Thomas Moore's Utopia, or some suche ffayned common welth, yow shall never ffinde but the plowghman is cheiflye2094 provided ffor, the neglecte wherof will not onlye bringe a generall, but a perticuler indempnitye to everye man. Yf in Edward i his tyme a lawe was made ffor the mayntenance of the ffrye of ffishe, and in Henry 7 his tyme, ffor the preservation of the egges of wild ffowle, shall we nowe throwe awaye a lawe of ffarre more consequence and ymporte?2095 Yf wee / debarre tyllage, we give scope to the depopulator,2096 and then yf the poore beinge thruste out of their howses goe to dwell with others, streight we ketche them with the statute2097 of inmates;2098 yf they wander abroad and be stubborne, they are within the danger of roagues; yf they be more humble and vagrant baggers, then are they within this statute of the poore to be whipte and tormented. Soe by this meanes, undoe2099 this statute and yow indaunger manye thowsandes, posterior dies discipulus prioris.2100 Yf fformer2101 tymes2102 have made us wyse to make a lawe, lett these latter tymes warne2103 us to preserve suche and soe good a lawe. All that I can saye is this, policie, nature, charitie and honour doe desier2104 of these proceedinges in charritable usees', etc. Mr Selbye2105 desired that the countie of Northumberland might be exempted of the statute, because it was soe nighe the Scottes, and the countrye was soe infected with the plague, that not onlye whole ffamelyes, but even whole villages2106 have bene swepte awaye with that callamitye, etc. And soe he made a longe speeche to that effecte.2107 Mr Sergeant Yelverton and Doctor Carye came ffrom the Lordes to desier that the / confferrence toucheinge letters pattentes mighte be prolonged2108 tyll Frydaye morninge at eight of the clocke, which was assented unto. It was put to the question whether the bill of tyllage should be committed, and most said 'I, I, I'. Then whether Northumberland should be exempted (uppon Mr Selbye's mocion) and all said 'I, I, I'. Another2109 matter which the committies in the contynuance of statutes dowbted of was whether Mr Dormer's provisoe should be put into the bill of tyllage,2110 etc. Mr Davys said 'Maye it please yow, Mr Speaker, the gentleman is at the doore reddye to attend with his counsell to satisfy e the Howse. Maye it please the Howse to heare him?' And all said 'I, I, I'. Mr Dodderidge, of councell with Mr Dormer, whoe came with him spake and said, 'Mr Speaker, yt pleased her Majestic to lycence Mr Dormer under her

Journals:Townshend's journal, 27 October-it) December letters pattentes, with a non obstante this statute, to ynclose 300 acrees of grownd and he humblie prayeth the Howse to accepte and admitte of this provisoe ffor the saveinge of his lettres pattentes the rayther ffor these reasones: 'First in respect the grownde ynclosed is a smale quantitye of grownde. 'Secondlye / the countrye is apte ffor pasture, and not ffor tyllage. 'Thirdlie this grownde is a kinde of marishe grownde and to moyst and softe and altogether unapte ffor tyllage. 'Fowerthlie in that her Majestic hath graunted her letters pattentes and that they concerne her prerogatyve that this Howse', etc. Soe he delivered the provisoe and Mr Dormer his letters pattentes, and went fforthe. Mr Sergeant Harrys said, ' Ubi non est ordo, ibi est confusio; Mr Speaker, divers gentlemen stand before the doore, which breedes a confused sound when the question is propounded. Maye it please yow that every man take his place. That is both seemelye and the auntient custome.' Which they all did accordinglye, etc. Mr Speaker said, 'I will put it to the question whether this provisoe of Mr Dormer's2111 shalbe receyved.' It was twyce put to the question and in my conscience the I, I, I were the greater both the tymes, but the Noes2112 would needes have the Howse devided. Soe the doore beinge sett open and noe man offerringe2113 to goe fforthe, Mr Martyn said, 'Mr Speaker, I have observed it that ever this parleament the Noes uppon the devision of the Howse hath / carryed it, the reason wherof as I conceyve it ys because divers are lothe to goe fforth ffor looseinge of their places, and manye that crye "I, I, I" will sitt still with the Noes. I therfore doe but move this unto the Howse, that all those that have given their I, I, I would accordinge to their consciences goe fforthe. And ffor my parte', said he, Tie begine'. Sir Walter Raleighe rose up to answere him, but Mr Comptroler, Sir John Fortescugh, and all the Howse seinge them, rise2114 up in a hurrye to goe fforthe and did not heare him; wheruppon himselfe and Mr Secretarye it 2090. 813 omits. 2091. 2092. 2093. 2094. 2095.

2096. 209y. 2098. 2099. 2100. 2101. 2102. 2103.

Hay omits. St2: 'receyved' (+ St3). Pet: 'statutes' (+ Eg., Hay). Hay: 'sufficiently'. Cf. 13 Ed. I, c.4y (Westminster, 1285) in SR, 1.94-5; n Hen. VII, c.iy (1495) in SR, 11.581. 813: 'depopulacion'. St2: 'statutes' (+ 813). FH: 'inn-mates'. St2: 'under' (+ 813, Hay). Cf. Publilius Syrus, 120. St2: 'thereffore' (+ 813). 813: 'they'. 813: 'learne'.

2104. Pet. adds 'consideracion' (+ Eg., Hay). 2105. Commons sub Selby, William III, rather than George or William II. 2106. Ha2 omits 'but even whole villages'. 2ioy. See SR, iv.9y4 for Northumberland's exemption from the tillage act under the act of continuance of 43 Eliz., c.9. 2108. Eg.: 'prorogued' (+ Hay). 2109. Eg-: 'and other' (+ Hay). 2110. Pet. adds (in another hand): 'vide anno 39° Eliz.' (+Eg., Hay). 2111. Pet. omits 'Mr Dormer's' (+ Eg., Hay). 2112. MS repeats. 2113. St2: 'offerred' (+ 813, Cam.). 2114. Sic (+ Ha2): form of'rose' (OED).

453

£.139

v.

454


seemed and they of the Noes tooke some displeasure, as maye appeare by the speeche after. The Howse beinge devided uppon Mr Dormer's provisoe aforesaid, the I, I, I weare iy8,2115 and the Noes 134. Soe the I, I, I gott it, 442116 voyces. Nowe after the Howse was satt quyett, Mr Secretarye Cecill said, 'I am glad to see the parleamente soe mill, which towardes the end used to growe2117 thine, and therefore I thincke it convenyent we agree of some good orders. The reputacion of this Howse hath ever bene religiouslye maynteyned by order and govermente, but no we error hath soe crepte in amongst us that we knowe not what ys order, what disorder.2118 The gentleman that laste spake', meaneinge £.140 Mr Martyn, 'ffirste / brake order, ffor after the question put and the Howse agreed to be devided, he spake perswadinglye to drawe those out of the Howse which perhappes ment yt not. Besides he layde an ymputacion uppon the Howse that2119 accordinge to their conscience men would not soe muche as remove out of their place. But I thincke ther is noe man heere soe phantasticall that thoughe they be fFor the bill yet ffor their places' sake they will not alter their roomes, ffor this Howse is a Howse of gravitye, conscience and religion.2120 I thincke it therfore ffitt he should answere this ymputacion at the barre. We have all this Parleamente bene agaynste monopolyes, and nowe we our selves protect one. But I see that men that have desired to be populer without the Howse ffor speakeinge agaynste monopolyes, doe alsoe labor to be private within. But that I regard not. This I knowe, that good somes of monye have bene offerred ffor the ffurtheraunce of this provisoe. But nowe it's paste I would nowe move yow that, because we have spent some superfluous tyme in this devision and because the affayers of this parleamente cannot possible be dispatched soe soone as the parleament2121 muste end, because of the perfformaunce of that guifte which we have given unto her Majestic, which is nothinge yf it come not in due tyme, therfore that the Howse would be v. pleased after this daye to sitte / in the afternoones, ffor we consume our best tyme nowe in unnecessarye disputacion', etc. Mr Comptroler said, 'I thincke that notwithstandinge any thinge that hath bene laste said, howesoever our orders have bene heretofore broken, yet the gentleman that spake', meaninge Mr Martyn, 'brake noe order of the Howse by speakinge, ffor the Howse ffavored him with silence and therfore2122 admitted to him libertye of speeche.2123 That his speeche was eyther perswasive or offered any ymputacion to this Howse, I neyther perceyve it nor conceyve it soe, ffor yt was onlye a caution to the Howse that fformer orders were broken and therfore nowe to be remedyed and2124 amended. And suerlye ffor not removeinge out of places, I have heard ffaulte ffound before this tyme, and therfore the gentleman ys not nowe to be taxed. That this should be a monopolye I can see noe reason, ffor it hath bene agreed that her Majestic maye dispence with any penall lawe, and that's noe monopolye; noe more is this. And I am not of his mynde that soe greate somes of monye have bene offerred, the quantitye of lande beinge but little, and his cause bothe good and juste, and I protest ffor my parte I neyther2125 knewe nor have heard of anye.


455

For the last mocion, which was the / best, to sitt twice a daye, I doe concurre with him and wilbe reddye as a member of this Howse to give my attendance.' Sir Walter Raleigh said, 'I thought I had deserved of the Howse to have bene hard to speake as well as he that spake beffore the devision of the Howse, and in that I offerred to speake and was not heard I had wronge. For2126 him that laste spake2127 out of humor2128 and not out of judgment, notwithstandinge I thincke yt a monopolye, and the speeche to be both perswasive and to laye a greate ymputacion uppon the Howse. And this is all I would have said before.' Mr Martyn offerred to speake and asked the Speaker yf he might answere. The Howse said 'I, I, I'. 'Noe',2129 quoth Mr Secretarye, 'y°u must stande at the barre'; and the Howse cryed 'Noe, noe, noe'. Then Mr Secretarye wishte it might be put to the question, ffirst whether he should speake or noe; and soe it was, and not twentye said 'Noe, noe'. Then it was put to the question where2130 he should speake at the barre or noe. And Mr Browne the lawyer stood up and said, 'Mr Speaker, par in parem non habet I imperium; we are all members of one bodye, and one cannot judge of another', etc. Soe it beinge put to the question ther were not above twelve I, I, I, that he should stand at the barre.2131 Wheruppon Mr Martyn,2132 standinge in his seate, he shewed the cause of his speeche to have bene onlye ffor the order of the Howse and not out of any perswasive meaninge that he had, ffor he protested he knewe neyther the man nor the matter, etc.

£.141

10 December, Thursdaye.2133 An acte ffor the denizacion of certeyne persons (viz.) Josepho Lupo and others, and because the said Josepho Lupo had neyther ffather nor mother Englishe, the Howse respited the bill. An acte ffor the weavers was put to the question and committed this afternoone to the Chequer Chamber, etc. An acte ffor the assize of woode was ordered to be engrossed. 2115. 2116. 2117. 2118. 2119. 2120.

2121. 2122. 2123. 2124.

Pet.: '176' (-(-Eg., Hay). Gor.: '14'. Hay: '. . . the ende grew'. Gor. omits 'what disorder'. St2: 'and' (+ Stj). Pet. has a marginal note: 'vid postea at this marke' (+ Eg., Ha7): this refers to Cecil's intervention later, see £141. Ha2 omits 'cannot possible . . . as the parleamente'. St2: 'others' (+ 813). FH: '. . . admitted him to deliver and speake him mind'. Pet. omits 'remedied and' (+ Eg., Hay).

2125. 2126. 2127. 2128. 2129.

2130. 2131. 2132. 2133.

St2: 'never' (+ 813). Ha2: 'From'. St2 adds 'spake'. Pet.: 'honore' (+ Eg., Ha7). Pet. has a marginal note: 'vide page penultima ad hanc notem' (+ Eg., Hay). Sic. form of'whether' (OED). Ha7 omits this sentence. Pet. omits 'Mr Martyn' (+ Eg., Hay). Pet. has the day and date (in another hand) as a marginal entry against the following bill (+ Eg., Hay).

v.

456


An acte toucheinge the takeinge awaye [of] gavellkinde custome in Kente.2134 Mr Francis Moore said he thought the bill a verye idle and frivelous bill, and iniuryous,2135 ffor yf a man take a wyfe, by the custome he2136 shall have the £142 moyetie, but nowe yf we make it goe accordinge to the / common lawe she shall have but the third parte. Soe yf the ffather committe a ffelonye and be hanged, the sonne shall not loose his inheritance because the custome is the ffather to the boughe, the sonne to the plowghe,2137 which at the common lawe he should loose. Mr Sergeant Harrys said, 'I thincke this bill a verye good bill, ffor it defeates a custome which was ffirst devised as a punishment and plague uppon the countrye. For when the Conqueror came in the reason of this custome was to make a decaye of the greate howses of the ould Englishe, ffor yf a man of 8oou per annum had had viij children nowe it must be devided into eight partes, and then yf they had children subdevided agayne, usque in non quantum, where2138 yf it had gone to one by the common lawe it would still have fflourished.' Mr Boyes said, amonge manye reasones shewed, that it would in Kente2139 be greate losse to the Queene of her subsedie, ffor by reason of these subdevisions there were manye xh men, and whoesoever knowes the state of our countrye shall ffinde more be2140 under xli men then above come to the Queene. And nowe yf these beinge devided in severall handes should nowe goe accordinge to the common lawe, this would2141 make the Queene a greate looser, etc. / v. This bill beinge put to the question the Noes was the greater, yet the I, I, I, would needes goe fforth, and uppon devision yt appeared the I, I, I, were 67 and the Noes ijS,2142 and soe the bill was reiected. The bill ffor suppressinge of alehowses and typlinge howses. Mr Francis Moore offerred a provisoe to the Howse, and shewed that he was of counsell and standinge ffee with the Corporacion of Vintners in London: and shewed that they were an auntient corporacion, and had ever used by fforce of divers charters of kinges of this realme to sell wynes, and nowe by this bill all was inhibited and therfore, etc., which was receyved. Mr Johnson said, 'Yf this bill should passe it would breed2143 a greate confusion of goverment, ffor by this lawe the justices of the countie maye enter into the libertyes of anye corporacion and lycence sale of wine and beere, etc. Besides he must be licensed by ffower justicees; perhapps there be not ffower justicees2144 in a corporacion, admittinge power were not given to the fforreyne justice. Nowe when these ffower justicees have enabled him by this lawe, they have not power uppon2145 his misbehaviour to put him downe, and soe verye insufficyent and ympossible to be mended.' / £143 Sir Roberte Wrothe2146 said, 'The bill is that noe man shall, etc; but he must be allowed in the quarter sessions by ffower justicees, and what payne and chardge this wilbe to a poore man, to goe with some of his neighbors xxne or xxxrie myles ffor a licence and what a monstrous treble to all the justicees, I refferre to your consideracions', etc.

Journals:Townshend's journal, 27 October— ig December

457

The Speaker certefyed a message ffrom the Lordes, etc. Sir Edward Hobbie said, 'We attended the Lordes this morninge toucheinge the infformacion agaynste Mr Belgrave, and in th'end concluded that ffor asmuche as it concerneth their, aswell as our, privelidges, they desier some tyme to consulte, and will send us word of their resolucions.' Mr Doctor Stanhoppe and Doctor Hone brought a bill ffrom the Lordes entitled 'An acte ffor the establisheinge of the remaynder of certayne landes of Andrew Ketleby esquyer to Francis Kettleby'; soe they departed, etc. Mr Spicer said, ' Yf I should not agree to the substance of the bill I were noe good common welthe's man; and yf I should agree to the fforme I should scarse thincke my selfe a good Christian; ffor I maye justlye saye of this bill, nihil est ubi error m>«2147 / est.'2148 v. Mr Lawrence2149 Hyde moved in respecte it came ffrom the Lordes that we would give it a committment, etc.2150 Mr Sergeant Harrys said, 'Yf this acte should passe, as was well said, we all should loose the libertyes of our corporacions, and her Majestie's justices at the sessions should be trebled with brabbles2151 of alehowses. The statute of Edward 6 hath had approbacion these halfe hundred yeares, and I wishe we maye not repeale a good lawe to make a worse.'2152 Mr Richard Browne said, 'Wynes heretofore have bene at x1' the tonne, and the lawes are that wyne should be sould at ijd the quarte, and her Majestic receyvethe idoo1*2153 a yeare custome ffor them. Yf nowe this statute should stand, that ffower justicees should licence the sale of wynes, this would be a wronge to divers licences which are made by pattentes2154 of her Majestic and a beggeringe of all vinteners. And he that nowe keepes an inne, yf he please not the justices shalbe turned out. And withall theire is a clause of dissabillitye, which is most2155 greivious.' 2134. Pet. adds (in another hand): 'the 3d reading' (+ Eg., Hay). 2135. Hay omits 'and iniuryous'. 2136. Sic. St2: 'shee' (+ other MSS). 2137. W. Lambarde, The Perambulation of Kent (1576: 1826 edn., p.497). 2138. St2: 'whereof. 2139. St2: 'it Kente it would' (+ 813). 2140. Sic and in other MSS, though Ha2: 'by'. 2141. FH: 'Mr Davise said this custome in Kent if it should still be continued as [?] it is would be a great losse to the Queene of her subsedie, for by reason of these subdevisions there would not be the same abilitie, which would . . .'. 2142. FH: '158' (+ Cam.). 2143. St2: 'bee' (+ 813). 2144. St2 omits 'perhapps. . .justicees' (+ St3).

2145. 2146. 2147. 2148.

2149. 2150. 2151. 2152. 2153. 2154. 2155.

St2: 'over' (+ 813). Cam.: 'Worth'. Repeated in MS. D'Ewes, p.677 omits the section beginning with Spicer's speech and goes straight to the continuance of statutes issue: thus the whole section clearly relating to the bill on alehouses, apparently oddly placed in Townshend, is omitted. Pet.: 'Nicholas' (+ Eg., Hay, Gor.). See above, f.i2iv. St3: 'troubles'. 5 & 6 Ed. VI, c.25 (1551-2) in SR, iv.157-8. Ha7: 'sixteen hundred thousand'. St2: 'pattentees' (+ other MSS, except Ha2). Ha7: 'not'.

458


Sir Roberte Wrothe2156 said, 'Mr Speaker, yt seemes the Howse doth distaste £144 this bill, / and I dowbte of the passinge of yt. I woulde but move the Howse to remember that it is an auntient custome that ffor reverence sake to the lordes of the Upper Howse we onlye denye the bill a committment and lett it lye in the decke, and not put yt to the question ffor engrossinge.' Sir George2157 Moore said, 'I wilbe bould to give my reason, and leave it to the consideracion of yow. I wishe it might be committed, ffor2158 ffor ought I heare yett, a provisoe might helpe all. The ould statute is, "the next justice", this "the justicees of the quarter sessions".2159 It is intended that at every quarter sessions2160 all justicees give their attendance. There have bene oftentymes lettres ffrom her Majestie's Privye Counsell, and order ffrom her Majestic her selfe (whoe looketh downe with a gracyous eye uppon the meanest of her subiectes) toucheinge these alehowse keepers. Therfore I wishe that we doe not caste it fforth, but give it the ordinarye and due consideracion of other bills, by waye of committment.' Mr Wyseman said, 'I am very respectyve2161 of the place ffrom whence this v. bill cometh. Yf the parleamente be shorte,2162 as noe other / lyvelihoode,2163 and tyme soe pretious with us that we sitt in the afternoone, and this bill incureable, and not to be amended and the fformer2164 lawe soe polleticque that I thincke we shall not make a better, ffor my parte I thincke it needles to be committed, but to be put to the question. For the poynte that ffower justices of the peace at the quarter sessions should licence etc. By this statute, thoughe they deserve to be suppressed, yet ther is noe power lymitted of suppression. Besides there is a statute that badgers and loaders shalbe lycenced under2165 justicees' handes of the peace in the quarter sessions. I knowe my selfe that even when the justicees, beinge goeinge out of the towne and readie to take horse, the clarcke of the peace will perhappes bringe 40 or 50 to be signed by one and then another. He straight, because he will not staye, puttes to his hand, and knowes noe more of the man nor of the matter then he that never read them; and soe would this statute, should it goe fforward, be abused.' Mr Bond said, 'Mr Speaker, yf this acte passe ffor a lawe, notwithstandinge anye exceptions that hath bene taken, I humblye desier yow all that one provisoe maye be put in, and that is that noe retayner or servante to a justice £.145 of peace be / admitted to be an alehowsekeeper, vintener or victualer unlesse he shalbe chosen by a jurye of twelve men at the leete2166 or lawe daye of that borroughe or towne wherin he desireth to victuall. I knowe, and I speake what I knowe very well, that more disorder and more misrule is usuallye kepte in the howses of suche kinde of men then in all the countrye besides. Yf this stand not ffor a lawe, order maye be taken ffor suche offences. The lawe afore alloweth two justicees; I wishe these protectinge justicees maye not have that power, ffor as some be magistrates, soe they be men. I knowe manye abuses toucheinge aucthoritye given to men that be typlers. I am a Devonshier man, and I speake playnlie ffrom the heart of him that hates Poperye and deffyes Puretisme.2167 I adde ffurther that I am her Majestie's subiecte,2168 to whose sacred selfe I doe acknowledge myselfe in all dutye bound, and I praye with the

Journals:Townshend's journal, 27 October-ig December Phalmiste2169 her enemyes confundantur, etc. Mr Speaker, I knowe what I speake, and I have cause to speake thus by reason of some ymputacion that hath bene offerred me by one whome in charritye I praye God fforgive.' Mr Martyn said, 'The gentleman that laste spake me seemes spake out of his greefe of / mynde in beinge galled2170 by some tounge mettle, and I thincke ther is noe man which ffeelethe blowes but would be glad to be eased of them; I therefore cannott blame him to purge and deffend himselfe2171 by this appollogie. But that hath led us out of the alehowse. But I wishe we should make a quicke returne, and a shorte staye there by puttinge it without ffurther disputacion to the question.' Soe it was put to the question whether to be committed, and all said 'Noe, noe', onlie Mr Wingefeild said, 'I, I', at which the Howse lawghed, etc. Then the question uppon contynuance of statutes were offerred to be read, but the Howse called ffor the bill of ordynance; yett the clarcke ffell to read the questions, but the Howse still cryed uppon ordynance.2172 At lenght Mr Carye stood up and said, 'In the Romane Senat the Consull alwayes appoynted what should be read, what not. Soe maye our Speaker, whose place is a consull's place; yf he erre, or doe not his dutye fittinge to his place, we maye remove him. And there have bene presidentes. But to appoynte what busines should be handled in my oppinyon we cannott.' Att which speeche some hyssed. Mr Wyseman said, 'I reverence Mr / Speaker in his place; but I take greate difference betwixte2173 the ould Romane consulles and him. Ours is a municipiall govermente and we knowe our owne greevances better then Mr Speaker, and therfore fritt every man, alternis2*14 vidbus, should have those actes called ffor.' And all said 'I, I, I'. Mr Hackwell said, 'I wishe nothinge maye be done but by conscent; that breedes the best concordance. My desier is the bill of ordynance should be read. Yf yow, Mr Speaker, doe not thincke soe, I humblie praye it maye be put to the question.' Mr Martyn and Mr Francis Moore stoode up, but Mr Martyn ffirst. One would not yeild to the other, and greate callinge there was to speake, till at lenght Mr Comptroler stood up and said, 'I am sorrye to see this confusion in 2156. 2157. 2158. 2159.

2160. 2161. 2162. 2163.

Cam.: 'Worth'. FH: 'Francis'. Pet. omits (+ Eg., Hay). FH: '. . . the justices of assize the quarter sessions'. The Edwardian act gave power to justices to act in any shire, etc., where 'they be justices'; recognizances were to be certified to the next quarter sessions. St3 omits: 'It is ... quarter sessions' (+ St3, Ha2). St2: 'conffident'. FH omits. Sic. St2: 'lykeliehoode' (+ other MSS).

2164. FH: 'other'. 2165. Pet. has a gap after this word (+ Eg., Hay); Cam. appears to read '6'. 2166. St2: 'elect'. 2i6y. Sic in this MS. 2168. 813: 'servant'. 2169. Sic in this MS. See e.g. Ps. 35.4. 2iyo. St2: 'called' (+ St3). 2iyi. Ha2: '. . . to purge him humor like'. 2172. FH omits 'yett the clarcke . . . uppon ordynance.' 2173. St3 omits. 2174. St2: 'alteribus' (+ St3); Ha2: 'alterius' (+ Eg., Ha7, FH, Cam.).

459

v.

£.146

460

v.

£147

v.

The Tenth Parliament: 27 October—ig December 1601 this Howse, it were better we used more silence, and spake2175 in order; yesterdaye yow ordered the contynuance of statutes should be read, nowe2176 in a hummore yow crye "Ordynance, ordynance". I praye yow, that [which]2177 we ffirst decreed lett us sticke to; and not doe, and undoe uppon everye idle mocion.'2178 Mr Secretarye Cecill said, 'I will speake shortlye, because it best becomes me, neyther will I troble your patience longe, because / the tyme permittes it not. It is a maxime: prestat otiosum esse quam nihil agere. I wishe the bill ffor contynuance of statutes maye be read, and that agrees with the precedent order of this Howse, and more with the gravitye therof, yet because this spirritt of contradiction maye noe more troble us, I beseeche yow lett the bill of ordynance be read, and that's the Howsef's] desier.' An acte agaynste transportacion of irone ordynance, gunne mettall and shotte. Sir Roberte Wrothe2179 infformed the Howse that a shippe is nowe uppon the ryver, readye laden to goe awaye with 36 peeces of ordynance. It was put to the question whether the statute ffor the poore should be contynued, and all cryed 'I, I, I'. Mr Secretarye Cecill said, 'I am sorrye that I have soe greate occasion to reccommend to the Howse's consideracion the misserable estate of mayned souldyers. Warre ys a curse to all people, and the poore creatuers that come ffrom the warres poore,2180 ffrindles and unhappie. I am glad yow be resolved that this statute shalbe kepte in lyfe, wherby in some measuer these mayned soules shalbe provided ffor, ffor both religion and charritye willeth us to ffall into consideracion of amendement. I doe not this / out of popularitye, because I have bene oftentymes taxed by the men of warre, and more then any gentleman of England, ffor when I have scene2181 souldiers deceyved by their captaynes I have taxed them ffor yt, and that makes me odious unto them. A captayne is a man of noate, and able to keepe himselfe, but a souldier is not. I wishe not any to thincke that I doe speake onlye of all captaynes, ffor I make a difference betwene the corne and the carte.2182 The statute ys that the poore souldier must be releived eyther in the countrye where he was borne, or out of which he was prest.2183 But yf that were amended, and onlye to be relieved in the countrye where he was borne, this would yeild a more certeyntie2184 and greater releife. For in a man's countrye eyther charitye, kindred, or commisseration will breed pittye; but out of the countrye where he was preste that cannot be expected, ffor the multitude prest out of some little shiere growes to be greater, and the chardge more then in some other three2185 shiers, as in London, where ther be manye parishes, infinite howsholdes, and nombers preste. Besides ther be divers shiers subiect to greate levyes, and the devision soe smale that it is a meere tryfle, as in Lankeshier, in respecte of the vicynitie of the kingdome of Ireland, where the dissease of the warre / ys. Yf maye please yow that a committment maye be had, I shalbe readie to attend it; att which tyme I will speake ffurther.' And soe a committment was appoynted.


461

Mr Francis2186 Moore said, Ther is a bill ffor the reduceinge of the two statutes ffor souldiers into one.2187 It hath lyen in the decke this ffortnight; yf it had bene read, yt might have bene committed.' Mr Swale2188 said ther was a dowbte whether the taxe of Dover haven should be contynued by fforce of the statute. The taxe is of iijd the tunne ffor the burden of every shippe above the2189 burthen of every tunne.2190 He said that the seamen [and] marchantes ffor wante of sufficyent mayntenance were nowe turned to be ffishermen; and the ffisherman, yf he made but two2191 tunne of trayne oyle with the blubbers of the Newe [found] land ffishe, this causes the shippe to be taxed ffor the whole burthen, which is greivious to the subiecte. Muche monye hath bene levyed, it cometh to at least a i ,000 marckes a yeare, and the haven never the better. 'Naye, Mr Speaker, it is growen into a proverbe (yf a taxe be once on ffoote), "God sheild it contynue not as Dover Haven".'2192 Mr Boys said that ther was greate reason to contynue the taxe in respecte of the contynuall mayntenance of the / haven, which is the best in England ffor £.148 all necessityes.2193 It will shippe as manye men in three howers as any other haven in a daye. And that besides fformer expences there is nowe 400'' worth of stones uppon the haven ffor the reparacion, etc. Sir John Fortescugh said, The proverbe is " Tractent2194 fabriliafabri."2]95 The gentleman that ffirst spake had not soe good instructions as he might have had. There be brewhowses and bakehowses2196 ffor the provision of victualls ffor shippinge. The haven releeves shipps of 300 tunne, and moste necessarye ffor 2175. St2: 'speake' (+ St3, Pet., Eg., Hay, FH). 2176. St2 omits (+ Stj). 2177. From Ha2 (+ Pet., Eg., Ha7, FH, Gor.). 2178. Ha2 omits the rest of the morning's business. 2179. Cam.: 'Worth'. 2180. St2: 'poorer'. 2181. Gor. omits. 2182. Sic (+ FH, Gor., Pet., Eg., Cam.); Ha7: '. . . horse and the carte'; Stowe 362: 'chaffe' (+ Sts). 2183. See SR, iv.847-9 for 35 Eliz., 0.4 (1592-3), esp. sect. 3. 2184. Pet.: 'certayne' (+ Eg., Ha7, Gor.). 2185. Ha7 omits. 2186. Pet. omits (+ Eg., Ha7, Gor.). 2187. 39 Eliz., c.2i (1597-8) in SR, iv.923—4) and the one cited above. These were continued here, 'except some new acte shalbe made concernynge the same in the present session of Parliament' (SR, iv.gj4). A

2188. 2189. 2190.

2191. 2192.

2193. 2194. 2195. 2196.

further act was passed: 43 Eliz., c.3 in SR, iv.966-8. Pet.: 'Swall' (+ Eg., Ha?). Eg. adds 'bone the' (+ Ha?). Sic. FH omits 'above the . . . every tunne'; Cam. omits 'every' and has a gaPEg. omits (+ Ha?). The main act was 23 Eliz., c.6 (1580-1), to run for seven years. It was renewed in 1588-9 for a further seven years, and again in 1592—3 until the end of the next parliament, as it was again in 1597. In 1601 it was renewed until the first session of the next parliament (SR, iv.668, 811, 854-5, 91?, 973)- There was a special provision in the continuance act passed this parliament for a limited payment, rather than that specified by the original act (SR, iv.974). Cam.: '. . . for a necessaries'. St2: "tracteaf (+ Cam.). Horace, Epistulae, 2, i, 116. St2: 'alehowses' (+ 813).

462

v.

£.149

The Tenth Parliament: 2j October—19 December 1601 the passinge of all marchantes. The taxe is small, and tymes maye be when the haven should need a greate taxe at one tyme2197 yf this should be taken awaye. And therfore I thincke it moste ffitt to be contynued.'2198 Mr Comptroler said, 'Me thinckes we take a verye improvident course to goe aboute at this presente to take awaye the taxe which mayneteyneth Dover Haven. We are nowe in dispute howe to deffend our selves frrom the Dunkerkers,2199 and to strenghthen our owne havens; yf we shall take awaye this taxe we weaken the haven, which is the most necessarye haven of England. And therfore I would wishe noe man to wronge the state soe muche, and to be soe respectlesse of the good of the navye, by speakeinge out of any particuler / humor of his owne.' Sir Walter Rauleigh said, 'Ther be diverse havens which have bene hertofore ffamous and nowe gone to decaye, as Tynmouthe, and Seton and Winchelsey; Ry is of little receipte;2200 Sandwiche, as a burgesse of that towen said this parleamente', (Mr Peake),2201 'is even in goeinge. The taxe beinge ymployed, I hould it both good and necessarye, and ther is noe trade of ffishermen to NewefFoundland but by this haven of Dover, which yf the taxe should be taken awaye, and it goe to decaye, her Majestic should loose one of the best, and the most necessarye haven of England, which hath all the comodityes that Mr Chauncelor2202 shewed, and lyeth opposite to all our enemyes' countryes, whoe maye be with us and we not able to resist them and helpe our selves.2203 I thincke it therfore ffitt2204 this matter should be considered of and committed.' And soe it was. Mr Speaker said, 'I am to deliver unto yow her Majestie's comaundemente that ffor the better and more speedie dispatche of causes wee should sitt in the afternoones, which beinge moved at the ffirst here, and her Majestic takeinge notyce therof well liketh and approveth; and ffurther that aboute this daye seavennight her Majestie's pleasure ys the parleamente shalbe ended.' / The Howse sate this afternoone. An acte (was returned in) to confirme the assurance of the manners or ffarmes of Sageburye, alias Sadgesburie, and Obden, and other hereditamentes to Samuell Sandes esquyer and John Harris gentleman, and their heyres.2205 An acte ffor the releife of the necessitye of souldiers and marryners. This was the ffirst readinge, etc.2206 Mr John Hare moved that bills mighte onlye be read the ffirst or second tyme, and not put to the question ffor the passage in the afternoone but in the ffoorenoone. Sir Edward Hobbie said, 'I approve the speeche the gentleman made, and I ever2207 held this ffor a rule, mane consilium, sew conunicam,'220* etc.

Mr Richard2209 Messenger moved that collectors ffor the x1' and vu uppon everye pryvate bill might be chosen by the Howse, and that noe private bills might be sent up to the Lordes before the ffee be payde, etc. The question was in the Howse whether the Fishemongers of London their provisoe should be added to the statute of the contynuances.2210


463

The Fishemongers were admitted to the / barre by their counsel!, which was v. Mr Nicholls of the Middle Temple. He ffirst shewed that the Fishemongers of London were an auntient corporacion and that they ever had xij men as ffactors ffor them to buye ffishe on the sea coaste and send it ffreshe hither to London, to be bought of the whole Companye,2211 and soe sould in the markett, wherby ffishe was then ffarre cheaper then nowe it is; ffor nowe some2212 60 persons ingrosse all ffor whemselves, and sell it at a dearer2213 rate, by retayle to the utter undoeinge of the rest of the ffishemongers, because then everye man sould ffor himselfe.2214 Secondlye, the ffyshe sould is sildome sweete, but ever2215 unsavorye, and the Fishemongers cannot destrayne because they be tyed by that statute. Thirdlye, a subvercion of the Corporacion ffolloweth theruppon, and an extinguishment of all grauntes made unto them by fformer kinges of this realme and of the confirmacions made by her Majestic. Divers other reasons was delivered, which ffor wante of light I could not here sett downe. ii December Fridaye. An acte ffor releife of the poore. Note that this daye wee begane to sitt in the afternoones.2216 An acte ffor the reparacion of two / bridges over the river of Eden, etc. was ordered to be engrossed.2217 An acte comprehendinge and conteyninge the mayntenance of good and proffitable artes2218 and trades ffor the commonwelthe. This bill was delivered by Mr Johnson, whoe was desired to put the same into the Howse by Mr George2219 Brooke, brother to the Lord Cobham. The effecte of it was that 2197. 2198. 2199. 2200. 2201. 2202.

2203. 2204. 2205.

2206. 22oy. 2208.

St2 adds 'or other' (+ 813). FH omits this paragraph. St2: 'Dunkirckes' (+ 813). St2: 'accompt'. St2: 'Speaker' (+ St3, Cam.); FH omits the attribution. Cam.: 'Comptrouller' (+ 813, Hay); Eg. has 'Comptroller' as a marginal correction. FH omits 'and helpe our selves'. St2 omits (+ 813). Pet. adds 'were returned, twies read and the bill ordered to be ingrossed', having amended and corrected the start of the entry with the words 'The amendments in an acte to . . .' (+ Eg., Hay). FH omits this sentence. St2 omits (+ 813). ?Sic. St2: 'convivium (+ 813, Eg., Hay, FH, Gor., Cam.); Ha2: 'convinium' (+ Pet.?).

2209. Cam. omits. 2210. See the continuance act in SR, iv.9y4 for the proviso to 39 Eliz., c.io, sect. 5 (SR, iv.9ii). 2211. St2 omits. 2212. St2 omits (+ 813). 2213. Pet.: 'deare' (+ Eg., Hay). 2214. St2: '. . . man should deale fFor himselfe.' (+ St3); Ha2: '. . . man then spoke for himselfe and sould likewise for himselfe.'. 2215. FH: 'very'. 2216. MS, St2, 813 all place this bill and the note about afternoon sittings thus: other MSS locate them under for 10 December (as does D'Ewes, p.6yy), though Gor. omits any day or date at this point. 22ly. Pet. omits this entry (+ Eg., Hay). 2218. Hay: 'acts'. 2219. St2: 'Gregorye' (+ 813).

£150

464


every man which had, or could invente any arte or trade should ffor his lyfe monopolize the same to his owne use; and he that could adde to, or refyne the same, should doe the lyke, etc. Mr Phetiplace shewed that the bill was unproffitable and not good ffor divers reasons. First, it was to generall because it speaketh aswell of artes ynvented as to be ynvented. Secondlie, the bill shewed not that they wilbe proffitable ffor the common welth; whatsoever they be, this bill alloweth. For divers artes2220 have bene devised in London that that should be wrought by one man which could not heretofore be done with ffortye. This is unproffitable, because it setteth not the poore, or manye handes on worcke. Thirdlie, it will breed confusion because yf but a little addicion be made by another, a newe licence is graunted to this man; and nowe yf to that addicion v. / another shall adde, that wilbe inffinitum and soe a confusion.2221 Wheruppon he concluded that he ffor his parte thought ffitt the bill should be quasht. And divers cryed 'Awaye with yt'. I wished2222 that the bill might be read agayne and considered, because we allowed of these kind of pattentes once this parleamente, namelye in the lycence ffor makeinge tynn by mylles out of the ould rubbishe in Cornewall, uppon the mocion of Sir Walter Rauleighe; and this bill desired noe more in effecte. Next, ffor the incertentye,2223 upon consideracion of the bill by some ffewe committies the same might2224 be amended, and 'he that performed manye specyall devises' might be inserted. Besides that, he that had ynvented anye arte or trade, it was reason he should have some privelidge, because it would be an yncouragement to others, and (nemo nasdtur artifex), noe man coulde come to that perfection uppon the ffirst knowledge of yt, as beinge taught by the ffirste ynventor ffor a season. 'Also the proposicion of the gentleman that last spake did not hould in all artes, that the worcke of manye should be wrought by one. For it is proffitable ffor the common welth yf water maye be brought to every man's howse with xs value, where it could2225 not be done with xu coste as by the water worcke £151 / devise in London. Soe of iron mylles in the Lowe Countryes and of the corne mylles2226 uppon the Thames, soe of shooteinge and charginge of ordynance and fryer worckes, and the like, and generallye of all artes, trades and scyences which cannot be done by poore, but by persones judicyall and of skill, and those that have a more naturall ynclinacion to come to perffection in these thinges then every base begger.' 'For his2227 last proposicion I said "non est confusio2228' in certa scientia with some other argumentes which I have nowe fforgotten, because I spake of the sodayne and without any premeditacion, etc. Mr Snigge said the author of the bill was perhappes a sugerman, ffor he had the word 'refyner' of artes, etc.2229 Soe it was put to the question ffor to be read the second tyme, and all said 'Noe'. But when the Speaker said, 'All those that will have this bill read the


465

second tyme saye "I, I"', Sir Richard Knightlye said 'Noe' allowd, at which the Howse lawghed; and not one said 'I, I'. An acte ffor weightes and measuers. Mr Doylie shewed that he had the bill, and had attended two dayes, and noe committies would meete; he prayed that the Howse would eyther commaund the committies to meete or dischardge him of the bill. / Ther was a conference betwixt the Upper Howse and the Lower Howse in v. the Paynted Chamber by the Upper Howse doore,2230 but I was not at the begininge therof; but by relacion unto me, by Mr William2231 Johnes of Lincolne's Inne, yt was thus: Mr Secretarye Cecill with the rest of the Lower Howse came to the lordes as they were sittinge at the table, and goeinge to the upper end therof, said to this effecte: that yf their lordshippes had alreadye concluded what to doe in the bill of pattentes, they then had noe commission to proceed; and yf they had altered the bill in any poynte with amendementes they alsoe had noe commission; but yf their lordshippes had done neyther, but onlye were desirous to be resolved of anye dowbte which they in their wisdomes conceyved, and would willinglye theraboutes conferre with them, they would most willinglye accomplishe their desiers, ffor they had sufficyent warrant ffrom the Howse. The Lord Buckhurst, Lord Treasurer, after a little whisperinge with the lordes together answered that he would not have us preoccupate their judgmentes with a speeche both straunge, ymproper and preposterous, with other wordes, etc. Mr Secretarye Cecill said he could not / answere his Lordshipp nor the rest £152 without order ffrom the other2232 committies, and therefore prayed they might conferre together, which was graunted. Soe they wente2233 fforth into another2234 rome, and there confferred what speeche or answere to make. And soe after they returned agayne, and Mr Secretarye said, 'My lordes, we of the Lower Howse are very sorrye your lordshippes should any waye conceyve other then well of our speeche and good yntent. Your Lordshipp termed our speeche (ffor soe I maye saye, because I spake in the name and behalfe of all the committies) straunge, improper, and preposterous. My lordes, I thincke it not straunge, ffor it is not unknowne to your lordshippes that we be all members of one bodye, and as we cannot be without your lordshippes, soe 2220. St2: 'sortes' (+ 813). 2221. FH omits 'and soe a confusion'. 2222. Pet.: 'wishe' (+ Eg., Hay); the form of what follows, however, makes it clear that Townshend's own speech is being reported, rather than an oddly placed direct quotation of part of Phettiplace's. D'Ewes, p.678 has 'Another said' rather than 'I wished'. 2223. Hay: 'certaintie'. 2224. St2: 'night to' (+ 813). 2225. St2: 'would' (+ St3).

2226. St2 omits 'in the Lowe . . . the corne mylles' (+ 813). 2227. St2: 'this' (+ 813). 2228. St2: 'consilio' (+ 813). 2229. St2 omits this paragraph (+ 813). 2230. Pet. omits 'by the Upper Howse doore' (+ Eg., Ha7). 2231. Eg. omits (+ Ha7). 2232. St2 omits (+ 813). 2233. Cam. omits. 2234. Pet.: 'an outer' (+ Eg., Ha7).

466

v.

£.153


yow cannot be without us, and when we are desirous, yt pleaseth your lordshippes out of your ffavor to vowchsafe us a conferrence, soe when yow2235 be willinge, it pleaseth us, out of the desier we have to be observante, to yeild thereunto, neyther have your lordshippes bene more fforwardes to grattifrye us with2236 your flavors, then2237 we of the Lower Howse have bene willinge to ffurther your honors' desiers with our best ffurtherance. And therfore, my lordes, it is noe straunge thinge to have a conferrence, neyther our speeche straunge because it tended to drawe us to some / particuler poynte of conferrence. For the epitheton 'improper', I am to tell your lordshippes that I delivered noe more then I was commaunded, nor noe less then I was requyred. And therfore by your lordshippes' ffavor noe cause it should deserve the title of improperietye. And I take it, by your lordshippes' ffavour, it was not preposterous, ffor my lordes, the ffirst matter we tooke2238 should be handled was the dowbtes which we ymagined your lordshippes had conceyved of the bill and yf your lordshippes had ought els conceyved, I thought ffitt to shewe your lordshippes that we then came without commission. Soe, my lordes, I hope I have made it appeare that the speeche was neyther straunge, ymproper, nor preposterous, but we of the Lower Howse whoe be here committies doe beseeche your lordshippes that yow woulde not conceyve otherwyse of us then we deserve. And your lordshippes shall ffinde us ever reddie in all dutifull servyce2239 as coadiuteinge members of one united bodye, the Howse of Parleamente.' Soe after withdraweinge themselves a little ffrom the table, the lordes hummed and whisperred together, and at lenght callinge us, the Lord Treasurer said the lordes were satisfyed with our answere, and were verye glad they ffound us soe confFormable, by which they dowbted not but we should well agree ffor the conferrence wherby the bill mighte / have the better passage. Mr Secretarye Cecill answered that he was verye glad their lordshippes did conceyve aright of them, and that the committies, because there were manye, and2240 would not be troblesome with multeplicitye of speeche, had choosen ffor their speakers to satisfye their honors, Mr Bacon, Mr Sergeant Harris, Mr Francis2241 More, Mr Henery Mountague,2242 Mr Phillips and Mr Boys. Soe the lordes called Mr Attornye Generall2243 ffor them, whoe begane and obiected, etc. After a little parle, and Mr Bacon had answered, Mr Atturnye agayne obiected, and2244 Mr Sergeant Harrys, before he had ffullye ended, offered to answere, to which the Atturnye said, 'Naye, good Mr Sergeante, leape not over the hedge before yow come at it, heare me out I praye yow, conceyve me aright', etc. Soe when he had done, Mr Segeant answered, 'I beseeche your lordshippes to heare me, and that I maye answere without checke or controwle, which I little respecte, because it is as lighte as Mr Atturnye's argumentes but', etc. And soe proceeded to answere. I stayed2245 not the conferrence, neyther went to the Howse, which rose before the conferrence ended, because of speeche with my Lord Thomas

JournalsiTownshend's journal, 27 October-ig December

467

Howard, etc. Soe the conference broke up till the next morninge, at which tyme the lordes said they would send us worde when they were redie. / In the afternoone.

v.

An acte ffor the releife of Theophilus Addames toucheinge certeyne obligacions supposed to be made voyde by a provisoe contayned in the statute made 39 Elizabeth, ca.22, intitled 'An acte ffor the establisheinge of the Bishopricke of Norwiche and the possessions of the same agaynste a certayne pr[e]tended concealed tytle made therunto'.2246 An acte ffor refformacion of abuses in sellinge and buyeinge of spyces and other marchandizes. An acte ffor redresse of certayne abusees and deceiptes used in paynetinge.2247 An acte that noe ffayer or markett shalbe kepte on the Sondaye. 12 December Saterdaye.2248 An acte to confyrme the assurance of the manners and ffarmes of Sageburie,2249 alias Sadgburie, and Obden, and other hereditamentes to Samuell Sandes, esquyer and John Harris, gentleman and their heyres, beinge engrossed, put to the question, and was passed.2250 An acte ffor redresse of certayne abusees and deceiptes used in paynetinge. It was moved by Sir George Moore and some others that this bill might be lett slippe and the cause refferred to the Lord Mayore of London, because it concerned a controversie betwene the Paynters and the Plasterers.2251 To which / Mr Davyes answered that the last parleament this bill should have passed this Howse, but it was refferred, as no we desired, and2252 bondes made by the Playsterers ffor the performance of the orders sett downe by the Lorde Mayor. Yett all will doe noe good. 'Wherfore, Mr Speaker, I thincke it good to be put to the question.' Sir Stephen Some2253 desired that my Lord Mayore might not be trobled with them, etc., but that it might be put to the question. And2254 it seemed2255 to goe agaynst the Paynters. But I stood up as it was puttinge to the question and shewed that in the statute of xxvth Edward 3, ca.3 playsterers were not then soe called, but 2235. Ha2: 'wee'. 2236. St2 omits 'y°ur lordshippes bene . . . grattiffye us with' (+ 813). 2237. Ha2: 'as'. 2238. St2: 'looke' (+ Cam.). 2239. Cam.: 'obedience'. 2240. St2: 'that' (+ St3). 2241. Cam. omits. 2242. Gor. omits this member. 2243. Sir Edward Coke. 2244. Pet. omits 'After a little . . . objected and' (+ Eg., Hay).

2245. 813: 'said'. 2246. See SR, iv.924, 925 (for the proviso). 2247. Pet. adds (in another hand): 'the third reading' (+ Eg., Hay). 2248. FH omits date and day. 2249. Cf. SR, iv.959: 'Gadgebury'. 2250. Hay omits 'and was passed'. 2251. Pet. adds 'of London' (+ Eg., Hay). 2252. St2: 'ffor' (+ St3). 2253. Eg.: 'Somes' (+ Hay). 2254. St2: 'as' (+ St3). 2255. St2 adds 'lykelie' (+ 813).

£.154

468

v.

£155

v.


'dawbers' and 'mudwallmakers',2256 whoe had ffor their wages by the daye iijd, and their knawe i d ob. (ffor soe was his laborer called).2257 They contynued till Kinge Henry 7 his tyme, whoe brought into England with him out of Fraunce certayne men that used playster of Parys aboute the kinge's seelinge and walles, whose statute laborers these dawbers were. Those statute laborers learned in shorte tyme the use of playster of Parys, and did it ffor the kinge, whoe increased to be manye, then sueinge to the kinge ffor / his ffavor to yncorporate them, whoe did ffulffill their desier, incorporateinge them by the name of ' Gipsarium'2™ which was ffor claye and mudde, alias mortermakers. Anno 16 Henry 7 beinge noe ffreemen ffor all their incorporacion,2259 they obteyned the kinge's ffavorable letters to Sir William Remington2260 and then Lord Mayore of London, and to the Aldermen to allowe them ffree men, which was graunted, at what tyme came in ffower of them, payeinge xs a peece ffor their ffreedome. And in three yeares after that manner came into the nomber of twentye, but they payde iiij1' a peece ffor their ffreedome. They renewed their pattent in Kinge Henry 8 his tyme, and called themselves playsterers, alias mortermakers, ffor the use of lome and lyme.2261 They made an humble peticion and supplicacion after this, to Sir John Monday,2262 then Lorde Mayore and to the Aldermen, and to graunte them ordinances ffor the better rule and goverment of their Companye, in these wordes: 'We the good ffolkes 2264 playster and lome, of the said Cittye, ffor of 2263 playsterers in London, of redresse of certayne abuses of lathe playster and lome wrought in the said craftes', etc. And had allowed unto them searche ffor their Companye ffor the use of lathe, lome and lyme. In all their / Corporacions at noe tyme they had any wordes ffor coullors, neyther yet in their ordinances; ffor all they were incorporated by the name of Playsterers, yet all Kinge Henry 8 his tyme they were called dawbers, as appeareth in the accomptes of the Chamber of London, 'paid to suche and suche2265 dawbers, ffor soe manye dayes soe muche, and to their laborers soe muche.' The Playsterers never layde any colloures in any of the Kinge's howses, nor in the Sherriffes' of London, but this yeare. They wore2266 noe liverye or clotheinge the xvijth of Kinge Henry 8. They have bene suffered to laye alehowse colloures, as redlead and oker, with suche like; and soe no we intrude themselves to all colloures. Thus they take not onlye their owne worcke but paynteinge alsoe, and leave nothinge to doe ffor the Paynter. Paynters and Stayners were two severall Companyes in Kinge Edward 3 his tyme, beinge two Companyes,2267 one ffor postes and all tymber worcke, doe paynte, and the other ffor stayneinge and payntinge of clothe of greate contynuance. Two severall Companyes were joyned both into one by their owne conscentes, and by the conscentes of the Lord Mayore and Aldermen of the Cittye, the xixth / yeare of Kinge Edward 4.2268 The Paynters had orders allowed them ffor the use of oyle and collours especiallye named in Henry 4 his tyme,2269 ffrom the Lord Mayore and Cittye. Paynters cannot worcke without colloures, their onlye colloures mixture beinge oyle and size, which the Playsterers doe nowe usurpe and intrude into. Paynters have her Majestie's lettres pattentes dated the xxiiijth Elizabeth fforbiddinge any artifycer the use of


colloures and oyle and size, after the manner of payntinge, but onlye suche as hath bene or shalbe apprentize, namelye with a Paynter, seaven yeares at the least.2270 And where the Playsteres obiecte that the Paynters doe abridge other Companyes of their colloures, that is moste apparantlye untrue, ffor Goldsmithes use colloures, but not after the manner of payntinge, and worcke without oyle or size by enamelinge; lether dressers collour2271 their lether, but not after the manner of payntinge, but worcke without oyle or size; bookebinders use colloures, but neyther with oyle or size. Soe cutlers use vernisheinge and guyldinge. Soe glasiers use colloures, with nealinge in the oven. Bricklayers use colloures, but neyther with oyle nor size. And joyners likewyse doe use vernishe. Worckmanship and skill is the guifte of / God, and not one in tenne proveth a worckeman. Yet it is requisite that all suche as have bene brought up all the dayes of their2272 lyfe in a trade, and cannot attayne to that excellencye of skill that is requyred, should lyve2273 by the baser parte of their scyence when they cannot attayne the better, which is in worckinge in oyle and size, those flattes, postes, and windowes, etc. Yf Plaisterers maye be suffered to paynte, worckmanshippe in payntinge will decaye, ffor noe worckman will keepe a prentize 4 or 5 yeares to practize, and not able to gett a penny, unlesse he might nowe gett some thinge towardes his meate and drincke in layeinge of oyle colloures, as on postes, etc. Experyence teacheth us nowe that amonge the nomber of 300 ther are not xij sufficyent worckmen to be ffound in the Cittye of London,2274 yet one of these (Francis Demiter),2275 such was his povertye, 2256. St3: 'wallmakers'; Pet.: 'mude wallmakers'; Eg.: 'made wallmakers' (+ Hay). 2257. Cf. 25 Ed. Ill, stat.2, c.3 (1350-1) in SR, 1.312: Townshend appears to be wrong, because 'dawbers' does not appear, although 'plasterers' does; and the rates of pay seem to be more flexible than he suggests. 2258. St2: 'Gipfarium (+ 813); Cat. Pat. Rolls, 1494—1509, p.223: 'Gipsariorurn (10 March, 1501/2). 2259. St3 omits 'beinge noe ffreemen ffor all their incorporacion'. 2260. The name is confirmed by A. B. Beaven, The Aldermen of the City of London (1931), iii.iy, although Haydn's Book of Dignities 1894 (19^9 edn.), p.490 has 'Johan' rather than William. 2261. See W. Carew-Hazlitt, The Livery Companies of the City of London (1892), p.591 for a grant of arms, 15 January 1547-

2262. Cam.: 'Mondon'. 2263. Ha2: 'and'.

2264. Ha2 adds 'lath'. 2265. St2 omits 'and suche' (+ 813). 2266. 813: 'weare' (+ Cam.); FH: 'were' (+ Gor.); Pet.: 'ware'. 2267. St2 omits 'in Kinge Edward . . . beinge two Companyes' (+ St3). 2268. Cf. W. Carew-Hazlitt, op. at., p.575: 'In the interval between 1485 and 1502 there had been an amalgamation'; see also pp.576—7 for a reflection of that section of Townshend's speech on workmanship in the articles of the charter. 2269. Cam. omits 'the Paynters . . . his tyme'. 2270. Cal. Pat. Rolls, 1580-2, p.284 (19 July 1581). 2271. Pet.: '. . . lethersellers dresse and coullere' (+ Eg., Ha7). 2272. Ha2: 'Our'. 2273. St2: 'leave' (+ 813). 2274. FH omits 'in the Cittye of London'. 2275. Ha2: 'Bemeter'; Pet. omits the name (+ Eg., Ha7, Gor.).

469

£156

4?o


was ffayne ffor his releife to wyfe2276 and children to weare uppon the Lord Mayor's daye a blue gowne and a red cappe, and to carrye a torche (he beinge 50 yeares ould).2277 One man will laye and paynte2278 more colloures in a daye then tenne men can grinde, which grindinge of colloures should be the releife of two or three hundred poore men that cannot attayne worckmanshippe. And v. that is taken awaye by the / Playsterers and the poore men, both Paynters, their wyves and children goe a begginge ffor wante of worcke. Besides paynteinge of clothes is decayed, and not a hundred yardes of newe paynted cloth made in a yeare here, by reason of soe muche paynted Flanders peeces brought ffrom thence; soe as the Paynters have nothinge to lyve on but layeinge of oyle2279 colloures [upon]2280 postes, windowes, etc. It is a curyous arte, and requyreth a good eye and stedfaste hande which the inffirmitye of age decayeth quicklye, and then Paynters begge; Plaisterers take monye generallye,2281 ffrom the higheste personage to the lowest, or2282 meanest cottagers whose walles must needes be made. Paynters take monye but of a ffewe, ffor their delight. Paynters give to the Plaisterers vj kind of colloures commonlye used, (as the bill importeth) to be layde with size, and not with oyle; and ffor every xxs earned with oyle colloures there is xu earned2283 with [size]2284 collour[s] beinge every man's monye. 'These walles thus curiouslye paynted in fformer agees,2285 the armes soe arteficyallie drawne, the imagerye soe perfectlye done, doe witnesse our £.157 fforeffathers' care in cherisheinge this arte of paynteinge, etc. Soe / I thincke the bill very reasonable and ffitte to passe,' etc. And soe it did, etc. Mr Atturnye Cooke and Mr Doctor Carye came ffrom the Lordes and shewed that their Lordshippes were reddie ffor a confferrence toucheinge the bill of pattentes, and that they had given power to their2286 committies ffullye and ffinallye to determyn the same, and desired that our committies might come with the lyke power, which2287 was graunted, yet there was a greate nomber cryed 'Noe, noe'. An acte ffor refformacion of abuses in sellinge and buyeinge of spyces and other marchandizes. This bill is called the garblinge2288 bill. It was put to the question ffor the passage, and2289 the Howse was devided, and the I, I, I, were 95 and the Noes were 41. Soe the bill passed. The question was in the Howse uppon the bill ffor the releife of souldiers whether the ould levye of ijd a parishe should stand,2290 or vjd a parishe. To which Mr Secretarye Cecill said, 'The lawe ffor the releife of souldiers I take to be both just and honorable, and that mysserie which proceedes ffrom v. obedyence / worthie2291 to be pittyed and relieved; ffor their obedience hath shewed it selfe even by sacryficeinge their blowdes ffor our goodes, and their is liker to be a contynuance then a decaye of their mysseries. I dare bouldlie saye it, there is never a souldier relieved with suche a contribucion as his misserye requyreth and his servyce hath deserved. And therfore ffor my parte, I thincke vjd a parishe with the least.'2292 Soe they went to the confferrence, and the Howse sent up these bills, (viz.): First, the bill of ffayers and markettes on Sondaye.


Second, the bill to prevent periurye and subornacion, etc. Third, the bill ffor refformacion of abuses in sheriffes and other officers, etc. Fowerth, the bill toucheinge makeinge of hattes. Fift, the garblinge2293 bill of spices. Sixt, the bill ffor redresse of abuse in payntinge. Seaventh, the bill ffor makeinge a harburgh, or key, on the north side of Devon, etc. The eight, the bill ffor assurance of landes to Sandes and Harrys, etc. Mr Secretarye Cecill was entreated to deliver2294 them to the Lordes. An acte to redresse the misimployment2295 / of goodes and landes given to charritable uses; this is the ffirst tyme of the readinge. Mr Solicetor Generall Fleminge moved that althoughe the order of the Howse was that a bill should not be twice read, yett in respect that this was a bill of greate consequence yt might please the Howse yt should be read agayne. And accordinglye it was (quod nota), and soe it was presentlye by order committed. Mr Snigge said, 'I would humblie praye the Howse that the bill of clotheinge, which [hath] at lenght taken and layd open the thefte2296 of England which we have soe longe ffollowed with hue and crye, I meane the taynter, maye be read; it robbes God of his glorye, and us of our clotheinge', etc. Mr Browne said, 'And Mr Speaker, I humblie present unto this Howse the natural! borne childe of us all, I meane the bill ffor2297 transportacion of ordynance, which is amended, and a provisoe added with licence, etc. And 2276. FH: '. . . povertie he was releife to wife'. 2277. Marginal comment, in same hand: 'Ralph Starkey servinge as a Bacheler to the Lord Mayor bestowed this on him.'; MSS other than Rawl., St2, St3 omit the comment. 2278. St2: 'pointe' (+ 813). 2279. St2: 'oyle of (+ St3). 2280. From Ha2 (+ FH, Gor.). 2281. Pet. omits (+ Eg., Ha7); FH: 'commonly'. 2282. Pet. omits 'lowest or' (+ Eg., Ha7, FH, Cor.). 2283. Ha7: 'used'. 2284. From Ha2 (+ Pet., Eg., Ha7); Gor. deletes 'size' in favour of 'oile'; Cam.: 'cize'. 2285. The painting of St Stephen's Chapel had been completed around 1365 and was especially lavish at the east end where the Speaker's chair was now placed. 2286. St2: 'the' (+ St3). 2287. Ha2 adds: 'as they say'.

2288. Ha2: 'grablinge'. 2289. Pet. omits 'It was p u t . . . passage and', but adds (in another hand) 'the thirde reading' after the garbling bill (+ Eg., Ha7, Gor.). 2290. Cam. omits 'should stand'. 2291. Cam. omits. 2292. The soldiers act of 1597-8 (SR, iv.923—4) provided for a minimum rate of 2d a week, and a maximum of 8d. The 1601 continuance act made no change to the rates (SR, iv.974), though 43 Eliz., c.3 raised the maximum average weekly rate per parish (in counties where there were more than 50 parishes) from 4d to 6d, and also the individual maximum to lod (SR, iv.966-8). 2293. Ha2: 'grablinge'. 2294. Pet.: '. . . Cecil delivered' (+ Eg., Ha7, Gor.). 2295. St2: 'misimpointemente' (+ St3). 2296. Pet.: 'theefe' (+ Eg., Ha7, Gor.). 2297. Ha2: 'of.

471

£.158

472

v.


humblie praye the amendementes maye be read, and the bill put to the question'; and soe they were after a little dispute, and agreed to be engrossed. The bill ffor mayned souldiers was read, to which Mr Roger Owen spake, sheweinge that / he was comaunded by all the justices of peace ffor the countie of Sallop to deliver unto the Howse the poore estate of the countie, and therfore humblie prayed a provisoe to exempt, etc. It was alledged unto him he went aboute to2298 decke up his perticuler cabyne when the shipp was on fryer. In the afternoone.

An acte ffor the establisheinge of the remaynder of certayne landes of Andrew Ketlbye, esquier to Francis Ketlebye was committed to the Courte of Wardes on Mondaye morninge at eighte of the clocke, and the counsell on bothe sides to be there. An acte ffor the more dilligent repayer to the Churche on Sondayes.2299 Mr Bond said, 'This bill as nowe it is engrossed muche differeth ffrom the ffirst which was here presented which I the better like of, notwithstandinge in my oppinyon the bill is altogether needles and divers reasons move me to thincke it both invconvenyent and unnecessarye. Everye evell in a state is not to be mett with in a lawe.2300 And as it is in naturall, soe it is in pollitique bodies that sometymes the remedie is worse then the dissease, and therfore particuler lawes agaynst particuler offences induce noveltye, and in noveltie £.159 contempte. Hippodamus Milesius offered to reward any man / bountifully which could ynvent a good and newe lawe;2301 but Aristotle condempneth that policye and the best orator Demosthenes condemneth that State which will admitt any innovacion, althoughe it be good in it selfe.2302 Yf this bill passe there will two ymputacions happen to the state, which wisdome wills us both to fforesee and shunne. 'The ffirst an inffamye to our ministers2303 that our adversaries may saye "This is the ffruite of your labore to have preached awaye your audyence out of the Churche". 'The second noe lesse but rayther a greater ymputacion uppon our archebishoppes, bishoppes, archedeacons and other ecclesiasticall governors, that they be eyther remisse in their authoritye, or els that their prerogatyve hath not soe muche power as a xijd ffyner.2304 'And dowbtles these ymputacions cannot be avoyded yf we give the Jesuites2305 suche head, scope and comforte as they in wryteinges doe greedilye apprehend. 'I doe, Mr Speaker, conceyve greate difference betwene the lawe of 1° Elizabeth when tyme was, and this lawe of the 44 Elizabeth as nowe it is. Then the people were newlye taken ffrom massinge and supersticion, nowe are planted in truthe and rooted in religion; the light did then scarce appeare unto them which nowe shineth with gloryous beames uppon our teachers and v. ecclesiasticall / judges. And as the mallyce of the adversarye was kindled onlye againste them in the begininge, soe is it stretched fforthe to put downe and fflameth like a consumeinge flyer to devoure ower doctryne. These reasons


aforesaid were the growndworcke2306 of Osorius' ffoundacion in his epistle unto her Majestic to give advantage to speake evell.2307 I will give but a reason or two more, and soe ende. 'Suppose that a neglecter of churche servyce comes to the sessions, there to be examined, alledginge an excuse, manye businesses soe2308 concerne the doer not to be knowne, that to be2309 speake truthe would be his undoeinge, and to speake untruthe2310 would be a wound unto his conscience; and to saye his busines were a meere mockerrye; and to saye untruthe, an apparante daunger. Yf this lawe maye stand ffor a lawe, me thinckes I fforesee what breache of charitye will happen. Saye ther be 40 in a parishe2311 absent. The churchwarden presentes some, and not others; it wilbe obiected unto him, "Wherfore should I be presented, and not hee, whie my wyfe, my sonne, my servaunte, my ffrind, [and] not his?", etc. Will not this be a great breache of unitye and peace? Juste prosecution wilbe infmitelye combersome, and partiall connivencie subiect to quarrell. Notwithstandinge this statute, we leave power to the / ecclesiasticall judge; his course is to proceed to excommunicacion and soe an excommunicate capiendo must be had. This is as greate a chardge as the inditement in the statute of primo. In this statute a wittnesse or two muste be brought to the sessions; he muste be presented to the graund jurye and soe indicted. This will coste vs, a noble, or xs,2312 which is asmuche as the chardge in the ffirst statute. Soe because this bill is sclanderous to the clergie, scandalous2313 to the State, repugnante to charitye, and crambe recocta2314 I humblie praye yt maye [receyve]2315 the like entertaynement the fformer bill had', viz. to be reiected. Sir Francis Hastinges said, 'I shall speake uppon greate disadvantage. I perceyve this member of our Howse hath taken studdied paynes to disturbe the passage of this bill, to which I shall not soe well answere because I shall not soe well carrye awaye the particulers of this politique, but not2316 religious, discourse. Yf it be religion to be obedient at pleasure,2317 yf I could be zealous to daye and cold to morrowe, I could subscribe to all that he hath said. We 2298. Pet. omits 'It was alleged . . . aboute to' (Eg., Hay, Gor.). 2299. Hay omits this entry. 2300. St2: 'Verye evill in an estate, and is not to be meett, within a lawe'; St3 has 'Verie . . .' but otherwise follows the MS here. 2301. St2: 'invent and contryve a newe lawe'. 2302. Aristotle, Politics, II, 5; cf. Demosthenes, Against Timocrates, esp. 139-432303. St2: 'misseryes' (+ 813). 2304. Sic. 2305. FH: '. . . avoyded and give the Jesuites'. 2306. St2 omits 'worke' (+ St3).

23oy. Jerome Osoria da Fonseca, a Portuguese priest and bishop, appealed to Elizabeth in 1563 to return to Catholicism. Dr Walter Haddon replied, and the argument continued in i56y (DNB, sub Haddon, Walter). 2308. St2 omits (+ 813). 2309. Sic. 2310. St2 omits 'would be h i s . . . speake untruthe' (+ 813). 2311. Pet.: 'towne' (+ Eg., Hay, Gor.). 2312. FH: '5s, vjs or xs'. 2313. St2: 'sclaunderous' (+ Pet., Eg., Hay). 2314. FH omits 'and "crambe recocta"'; Cam.: 'reiocta'. Cf. Juvenal, 7.154. 2315. From St2 (+ other MSS). 2316. St2: 'noe' (+ 813). 2317. FH omits 'at pleasure'.

473

£.160

474

v.

f.i6i

v.

The Tenth Parliament: 27 October-ig December 1601 cannot doe a more acceptable thinge to God, a more dutifull servyce2318 to the State, then to bringe men to ffeare God. Religion and polecye maye well stande / together, but as the pollecye is most detestable which hath not religion to warrante it, soe is that religion most happie which hath pollecye to backe and2319 maynteyne it. I knowe the Jesuites and preistes be out at2320 square, and be at a jarre amonge themselves; I praye God it be not to make a breache amonge us, whoe be yet in unitye. Witt, well applyed, is a profitable thinge, but yll applied, dangerous in whomsoever doth abuse it.2321 Ther is noe man of sence or religion that thinckes that he is farre2322 ffrom religion' (poyntinge to Mr Bond) 'that made the speech. 'First, he said it would be an ymputacion to our ministers. That speeche was both absurde in judgmente and sclanderous in the utteringe, as thoughe by the ministers of the Word we loathe to heare our sinnes or reconsile our selves unto God. The second, that it was an ymputacion to archbishops, bishoppes, etc. I ame soe ffarre ffrom blameinge their govermente that I renounce that posicion and am verye sorrye that the strenght of their authoritye stretcheth not soe ffarre as I could wishe it in this poynte. But me2323 thinckes this lawe should rayther be a creditt to the ministerie that, nowe we haveinge gone to churche these 432324 yeares our selves, and are soe2325 ffervent in religion, desier alsoe that others maye doe the like. / 'I beseeche yow give me leave to wipe awaye a greivance which it seemes the gentleman that laste spake imputeth unto me. He hath made a protestacion that he is noe Papiste. I appeal to yow all, yf I said he was. And I saye he is noe P[u]ritane yf he be not a Papist, ffor yf there be ever a P[u]ritane in England it is a Papist. I learned of Doctor Humfreys,2326 whoe was sometymes my tutor, a devision of ffower sortes of Puritanes. First the Catholickes, which hold that a man cannot sinne after baptisme. Secondlie, the Papist, which is suche a meritt-monger that he woulde not onlye save himselfe by his owne merittes, but by the merittes of others alsoe. 'A third sorte are the Brownenistes, or2327 Famelye of Love, a secte to well knowne in England; I would they never had soe bene. 'The ffowerth and laste sorte are your evangelicall Puritanes, which insisteth2328 wholie uppon the scriptures as uppon a suer grownd; and of these I would we had manye more then wee nowe have.' Mr Glascocke and2329 Mr Spycer and others made divers severall speeches, but because it grewe very darcke I could not wryte. Mr Doctor Carye came ffrom the Lordes, and brought an acte concerninge captaynes, souldiers and marryners and other the Queene's servantes in the realme. Alsoe another acte, ffor the mayntenaunce / of the navye, increase of marryners, and avoydeinge of the scarsetye of victualls. It was shewed by Doctor Bennett, uppon occasion of speeche of the multitude of recusantes, that there were 1,300, naye 1,500, recusantes in Yorckeshier, which he avowched uppon his creditt were presented both in the ecclesiasticall courte and before the Counsell at Yorcke, etc.

Journals:Townshend's journal, 27 October-ig December Soe after divers2330 other speeches and argumentes it was put to the question whether the bill should be engrossed. And the greatest could not be discerned. Wheruppon Sir Roberte Wrothe2331 shewed that he had a provisoe readie ingrossed, the substaunce wherof was that yf any man came viij tymes a yeare to the churche and said2332 the devine servyce twyce every Sondaye and hollidaye in his howse with his whole ffamelye, that should be a sufficyent dispensacion. This was utterlye misliked, yet divers which were desirous to overthrowe the bill went fforth with the provisoe because they would have it joyned to the bill to overthrowe it. Wheruppon the Howes was devided, and uppon devision it appeared thus: the I, I, I were 126, and the Noes 85.2333 Soe the provisoe paste. Then it was to be put to the question ffor passinge of the bill. But the divers reasons were shewed: Mr Bonde's / two reasons of preiudice to ministers and the clergie; the daunger by breache of charitye; that the infformacion was a thinge contrarye to Magna Charta; that ther might be a conviction without inquirye, etc. Sir Walter Rauleighe shewed that all the churchwardens of every shier must come to the sessions2334 to give infformacion to the graund jurye. Saye then there be 120 parishes in a shier, ther must nowe come2335 240 churchwardens; and saye that but two in a parishe offend in a quarter of a yeare, that makes 480 persones, with the offenders, to appeare. What great multitudes this will bringe together, what quarrelinge and danger maye happen, besides giveinge authentic to a meane churchwarden, howe preiudicyall this maye be, etc., with divers other reasons agaynst it, as alsoe some ambiguityes and equivocacions therm, the provisoe newlye added beinge a playne tolleracion ffrom comeinge to churche and that the person could not present nor constrayne anye yf they said servyce at home. Soe it was put to the question thrice together; and because the truthe could not be discerned the Howse was agayne devided, and the I, I, I went fforthe and were 105, and the Noes within were 106. Soe it was cast2336 by one voyce, and the I, I, I lost. But then / the I, I, I said they had Mr Speaker's voyce, which would make it even. And then it grewe a question whether the Speaker had a voyce. 2318. St2: 'thinge' (+ Sts). 2319. St2 omits 'backe and'. 2320. Ha2: 'of (+ Pet., Eg., Hay, FH, Gor.). 2321. FH omits 'doth abuse it'. 2322. St2: 'is not farr' (+ 813). 2323. Pet.: 'my'. 2324. FH: '45'; Cam.: '44'. 2325. St2: 'noe'. 2326. i.e. Dr Lawrence Humphrey. 2327. Pet.: 'of (+ Eg., Hay). 2328. St2: 'consisteth' (+ St3); Ha2: 'continueth'. 2329. Pet.: 'said' (+ Eg., Hay).

2330. 2331. 2332. 2333.

Gor.: 'dinner'. Cam.: 'Worth'. Cam.: 'read'. Twysden's report for this day (Stowe 359, fos.295v-y) records the vote here as ny for and 8y against, 'or as some notes have it, 126 was for it, and 85 against it.' 2334. Gor.: 'assises' (+ Pet., Eg., Hay). 2335. St2 adds 'extraordinarely' (+ other MSS). 2336. Pet.: 'Soe gott' (+ Eg., Hay); Gor.: 'Noes within a 106, so got one, and the I, I, I, lost'.

475

£162

v.

476

£163

v.


Sir Edward Hobble said (whoe was of the I, I, I side), that when her Majestie had given us leave to choose our Speaker she gave us libertye to choose one out of our owne nomber and not a stranger, a citizen of London and a member, and therfore he hath a voyce. To which it was answered by Sir Walter Rauleighe and confirmed by the Speaker himselfe that he was fforeclosed of his voyce by takeinge that place which it had pleased them to ympose uppon him, and that he was to be2337 indifferent ffor both partyes; and withall shewed that by the ould order of the Howse the bill was lost, etc. Mr Bowier, secretareye to the Lord Treasurer Buckhurst, said, 'Mr Speaker, I thincke it not loste, ffor there hath bene ffowle and greate abuse offerred in this matter: a gentleman that would willinglie have gone fforth accordinge to his conscience was pulled backe. Thoughe I muche reverence my masters of the Temple, and am muche bound to our Benchers of the Middle Temple, yet if it will please the Howse and yow, Mr Speaker, to commaund me to name him, I will.' The greateste / voyce said 'Noe', yet Mr Secretarye Cecill willed him to name him. And he said it was Mr Dale of the Middle Temple. Sir Walter Raleighe said, 'Whie, yf it please yow, it is a smale matter to pull one by the sleeve, ffor soe have I done my selfe oftentymes.' And great lowde speeche and stirre was in the Howse. Mr Comptroler (after some silence) said, 'We have bene often trobled by phisitions', meaninge Mr Dond,2338 'and they have bene spoken agaynst. He troubled us with Aristotle and other bookes. Yf he had stayed there it had bene well. But I thincke we had need of phisicions to2339 staye our heades and coole our heates and humors, not ffittinge a courte of Parleamente, ffor it is most intollerable disorder. I doe thincke the offence ys a heynowse offence, both agaynst God and this assemblye. For the ffirst in that every man is to goe accordinge to his conscience and not by compulsion. And ffor the other gentleman', meaninge Sir Walter Raleigh, 'that said he had often done the like, I thincke he maye be ashamed of it, ffor lardge is his conscience that in a matter of this consequence will be drawne eyther fforwardes or backwardes by the sleeve. And I thincke it is soe heynous that he deserves to answere it at the barre', meaneinge Mr Dale. But / because Sir Walter Raleigh was last named yt was taken to be ment of2340 him, etc. Mr Secretarye Cecill said, 'I am sorrye to see this disorder and little doe yow knowe howe ffor disorder the parleamente is taxed, I am sorrye I cannot saye slaundered. I had hoped, as this parleamente begane gravelye and with judgment, soe we should have ended modestlye, and with at least discretion. I protest I have a libell in my pockett agaynste the proceedinges2341 in this parleamente. The offence which the gentleman that last spake spake of I confesse is greate and punishable, and this I wishe maye be inflicted on him, that2342 he whose voyce2343 maye be drawne eyther fforwardes or backwardes by the sleeve, like a dogge in a stringe, maye be noe more of this Howse, and I wishe ffor his credite's sake he would not. But that it should be soe greate to be called to the barre, I see noe reason, neyther doe I knowe whie anye in this


Howse should speake soe ymperiouslye as to have a gentleman of his place and quallitye', poyntinge at Sir Walter Rawleigh, 'called to the barre. For the matter itselfe the Noes were 106 and the I, I, I a 105. The Speaker hath noe voyce and thoughe I am sorrye to saye it, yet I must needes confesse; lost it is, and ffarewell it.' Soe the Howse rose confusedlye, it beinge after six a clocke. Ther was another gentleman, a Noe, pulled out aswell as the other was2344 kept in, and / therfore it had happened even as before;2345 howsoever, Mr Edward Johnes and Mr Barker2346 pulled Mr Lionell2347 Ducket out, etc. 13 December Sondaye.2348 This daye a greate eclipse aboute noone, the sune was thus darkened, viz.2349

14 December Mondaye.2350 The xiiijth December. An acte agaynst the multiplicitye of prynters. An acte agaynst banqueruptes, lewde prentises2351 and evell ffactors. The Howse was devided aboute the second readinge of the bill: the I, I, I were 35 and the Noes were 45, soe the bill was not to be read the second tyme and lost by ten voyces. An acte ffor the Companye2352 of clothworckers in London, ordered to be engrossed. An acte ffor the recoverye of manye hundred2353 thowsand acres of grownd, beinge ffennye grownd in the Isle of Elie, and in the counties of Cambridge, Huntington, Northampton, Lincolne, Norfolke and Suffolke, was ordered to be committed. An acte for the denizacion of certayne persons, viz. Josepho Lupo and one Questor and others etc. Mr Phetiplace shewed that he was informed that 2337. 2338. 2339. 2340. 2341. 2342. 2343. 2344.

St2 omits 'to be' (+ 813). Sic. recte 'Bond' as in other MSS. Cam.: 'of. Pet.: 'by' (+ Eg., Hay). Ha2: 'proceedes'. St2: 'and' (+ 813). Hay omits. St2 omits 'gentleman, a Noe, . . . the other was' (+ St3). 2345. Pet. omits 'as before' (+ Eg., Hay, Gor.).

2346. 813: 'Baker'. This is Edward, John, or Robert (Commons). 2347. Cam. omits. 2348. Binding obscures date. 2349. Sic. MS omits diagram (+ 812), supplied from Ha2; Gor. omits 'thus', diagram and 'viz'; Pet. has a sun totally eclipsed (+ Eg., Hay, Cam.). 2350. Binding obscures date and day. 2351. St2: 'practizes' (+ 813). 2352. St2: 'worckinge' (+ 813). 2353. St2 omits (+ 813).

477

£.164

478

v.

£165

v.

The Tenth Parliament: 27 October-ig December 1601 Questor had neyther ffather nor mother Englishe, and therfore not fFitt to be endenized. Mr Richard Browne said, 'This Questor is a ffactor ffor marchantes strangers and an ingrosser of ffishe and keepes a warehowse / heere in London, and nowe because he would defraude the Queene of a dowble subsedie, beinge an alyen stranger, therfore he desireth to be endenized.' Sir Walter Rauleigh said, 'I knowe Questor well. He hath served the Queene longe, and done her good servyce; he hath bene this 36 yeares in England, and hath ever shewed himselfe a good subiecte, and2354 ffor his good servyce I see noe reason2355 but he should be admitted to passe with the rest.' Mr Secretarye Cecill said, 'I knowe this man Questor. This testimonye I am able to give of him, that he is a man of good substance, and of2356 quallitye, and of his quallitye I knowe not any honester2357 man in England; he hath done good servyce both to the queene and to the state; and that of my knowledge, ffor the matter of custome, I knowe her Majestic is well pleased therwith, and therfore noe deffraudinge. That he should be an engrosser or monopolizer of ffishe ffor strangers it maye be, but I thincke he is not; I protest yf I knewe he were, I should hate him as I doe hate monopolyes. It is noe greate matter yf we put him in, ffor the bill maye be quashed, eyther in the Upper Howse or her Majestie maye dashe it out at her pleasuer.' The committie that was appoynted this / fforenoone in Ketlebie's cause2358 in the Courte of Wardes is appoynted to be in the afternoone in the same place, because the Counsell whoe were committies - and the cause beinge of greate weight, 500*' per annum - were to goe presentlye to end the confference with the Lordes toucheinge pattentes, ffor they tarryed ffor them. Mr Francis Moore brought in the acte ffor the contynuance of statutes and repeale of some others, with two provisoes touchinge Dover Haven; and the longer was accepted. 'I leave it', quoth he, 'to the consideracion of the Howse to take whether they liste or to refuse both'; and here stayde2359 whilest the Clarcke of the Crowne and a2360 Doctor brought two bills ffrom the Lordes which had past this Howse, viz. The ffirst, the Exchequer bill, without any amendment, onlye a shorte provisoe added in the end the effect wherof was that uppon order in the open courte it should be lawfull ffor any officer, clarcke, etc. to awarde proces and drive the partye to plead quo titulo, etc., which was [a] prohibited bill.2361 The second was an acte toucheinge the joynture of Lucie, Countesse of Bedford, with some amendementes and a provisoe.2362 Mr Secretarye Cecill said, 'Yf ever there was a tyme to looke to the portes and havens it is nowe. In2363 yow remember what / place is ex opposite to Dover, what neighboures we have, and howe greatlie that haven doth stand us in stead, I beleive yow would be more willinge to adde then take any thinge awaye ffrom the mayntenance therof. I wishe therfore to end this controversie that this maye be the question, whether of these two provisoes shalbe added to the lawe; but I thincke the greatest is beste and largest, and I should be loth to detracte any thinge ffrom that contribucion.' Soe the greater was taken, etc.


Amendementes in the bill of assurances used amonge marchantes. Mr Hackwell said, 'I thincke, Mr Speaker, we doe not give that flavor to a bill which lyes dormant in this Howse as the bill meriteth. It was well said by one that shippes be the walles of our kingdome, which yf we suffer to decaye, as I am certeynlie assured ther is decayed not onlye a quarter, or third parte, but even halfe, and as our strenght deminisheth, soe our enemyes increase; and therfore, Mr Speaker, beinge a publique good and generall happiness to us all, I wishe soe proffitable a bill maye be read and have good passage. It is intitled "An acte toucheinge souldiers and marryners and mayntenance of shippinge'V / An acte ffor the repeale of an acte made the xiiijth Elizabeth concerninge lenghtes of kersies was committed. An acte ffor confirmacion of lettres pattentes to the hospitall of St Bartholemew's, Bridewell, and St Thomas the Apostle.2364 The acte ffor confirmacion of statutes put to the question and agreed to be engrossed. Sir Edward Hobbie moved the Howse to have their oppinyons toucheinge the provisoe sent downe with the Chequer bill, which was ingrossed in parchment, ffor he somewhat dowbted of it, and thought it ought to be in paper, ffor all amendementes that come ffrom the Lordes use to be in paper and not in parchment. And agreed that it was well and accordinge to course to be in parchement. An acte ffor the repayeringe and amendinge of two bridges by Careliell over the river of Eden in the countie of Comberland, beinge ingrossed it was read and passed, and sent up to the Lordes by Sir Edward Hobbie and others, and the coppie of the informacion agaynst Mr Belgrave under the hand of the Clarcke of the Starchamber. An acte concerninge the assize of ffuell ordered to be ingrossed, and passed.2365 Mr Davyes moved the Howse and shewed / that a servant of Mr Hudleston's (knight ffor Cumberland) I thincke beinge some twelve monethes since hurte in the hand, went unto one Mathews a surgeon by Fleete Bridge, whoe ffor xh undertooke the cure. The man gave him a bill of xh ffor the said cure, which he the said Mathews could not performe without leavinge a greate skarre, and withall a little lamenesse in his hand; notwithstandinge, he payde the surgeon viij1'. But uppon what suggestion I knowe not, Mathews hath sued 2354. 2355. 2356. 2357. 2358.

St2: 'but' (+ 83). Hay omits 'I see noe reason'. St2 omits 'substance, and of (+ 813). Cam.: 'honest'. Gor.: 'house', and omits 'in the Courte of Wardes'. 2359. Gor.: 'stand'. 2360. St2: 'the' (+ St3); LJ records the sending of these two bills by 'Mr Doctor Swale, Clerk of the Crown'.

2361. Gor.: 'which was prohibited by the bill' (+ Pet., Eg., Hay). 2362. Gor. adds 'After to Dover haven'; Pet. adds 'They proceeded after to Dover' (+ Eg., Hay). 2363. Sic. St2: 'Yf (+ other MSS). 2364. FH: 'Thomas in Southwarke'. 2365. FH omits 'and passed'.

479

f.i66

v.

480

f.i6y

The Tenth Parliament: 27 October-ig December 1601 Mr Hudleston's man ffor the whole xh, and arrested him uppon an execution into the Counter.2366 The man tould him he was Mr Hudleston's man, and that his master was a member of this Howse and a knight of a shier, and that he was therby priveledged fFrom arrestes, and wisht to be dischardged. But Mathews and the sergeant answered him they cared not ffor his master nor the privelidge, and said that he was not privelidged ffrom an execucion. And soe beinge carryed to the Counter, he tould the like to the clarckes, whoe affirmed likewyse that privelidges would not stretche to executions; and therfore would not dischardge him. 'And therfore I praye in the behalfe of the gentleman that both Mathews, the clarckes and sergeante maye be sent ffor.' And soe it was ordered that they should / appeare tomorrowe in the fforenoone.2367 An acte agaynst usuall and common swareinge was ordered to be ingrossed, and soe passed. An acte concerninge captaynes, souldiers and marryners, which came ffrom the Lordes. This was the ffirst tyme of readinge.2368 An acte ffor releife of the poore was brought in with amendementes and agreed to be ingrossed. In the afternoone.

v.

f.i68

An acte toucheinge weavinge of silke and gould laces. After a little debate by the greater conscent it was reiected. The reasons agaynst the bill were that it was incroachinge a libertie, to have two myles compasse; that it was to generall, silke wares and all other stuffes; that it was2369 a prohibicion ffor makeinge and sellinge of Norwiche stuffes; that the searche in the bill was2370 to generall, and the fforfeiture to greate; that it was a discommoditye to have all silke stuffes, ffor statute lace with a thrid of silke will shewe and sell better, soe of stuffe ffor childeren's coates; that the searche was generall aswell within liberties as without, etc. I offered to speake before the question2371 was halfe asked, but could not be suffered, / the Noes was soe greate;2372 and beinge putt to the question, over-ruled, and the bill was reiected. An acte that the citizens of London should have ffree power and goverment over and in the liberties of St Katherine's.2373 To which bill Mr Wyseman spake, and said that divers2374 perticuler persons had purchased landes within that libertie and had given muche more ffor the same in respecte of the privelidge then otherwyse they would have done; and nowe this acte wipeth awaye all right. 'And Mr Speaker, I hope I maye speake it without offence, this parleament hath bene more troubled with bills ffor incroachinge liberties about the Cittye of London then any three parleamentes before', etc. Sir Steven Some said, 'I am bound to deffend London, and I cannot under your ffavors suffer the ymputacion layde uppon us. For, Mr Speaker, I saye to yow these privelidges are the very sincke of sinne, the nurserye of nawghtie and lewd places,2375 the harbors of theives, roagues and beggers, and maynteyners of ydle persons; ffor when our shoppes2376 and howses be robbed thether they / fflye ffor releife and sanctuarie, and we cannot helpe our selves. The Cittye, seinge this, purchased it of the2377 Lord Thomas Howard,

Journals:Toumshend's journal, 27 October—ig December

481

supposeinge to have had all the same privelidges, but2378 ffmdinge the contrarye by experience they nowe are infforced to sue ffor your ffavores to have it passe by acte of Parleamente. This is the cause, and I leave it to your consideracions.' Wheruppon it was put to the question, and the Howse was devided, and the I, I, I were 942379 and the Noes were 86. 15 December Thursdaye2380 An acte to make the landes, tenementes and hereditamentes of Edward Lucas, gentleman, deceased, executor of the last will and testament of John Flowerdewe, esquyer, deceased, lyable to the payement of certeyne legacyes given by the laste will of the said John Flowerdewe, and to the payement of divers other debtes oweinge by the said Lucas in his lyfe tyme.2381 Mr Snigge moved to have the bill ffor clothinge read, which was done accordinglye.2382 Mr Phetiplace prayed the Howse to have consideracion whether the marchant were ffitt to have consideracion ffor cocklinge and squales, and soe to make abatement to the clothier. And he / thought not, because int2383 owtward shewe it seemed good, yet2384 there lurckes a hurte to the marchante.2385 And soe it was putt to the question, and was ordered to be ingrossed, etc. One Anthonio Mathew, a surgeon dwellinge at Fleet Bridge, caused a sergeant to arrest one Anthonie Curwine,2386 servante to Mr Hudlestone, knight of Comberland. It appeareth that Curwine was a sollicetor and in liverye to the said Mr Hudlestone ffrom these three yeares space, and hath sollicited his greate cause in the Starchamber betwixt Delaber and himselfe. The truthe of the cause is this, that Curwine ffallinge in talke with another aboute Fleet Bridge [touchinge]2387 Mr Hudlestone his master's cause, they ffell out there and ffought, and Curwine was hurte sore in the hand, soe he went to this Mathewes, beinge the next surgeon, whoe dressed him. And after it was agreed that Mathews should have ffor the cure xh thus payde, viz. iiij1' in hande and Mr Hudlestone's bill, and his ffor the payement of the other vjb when the cuer was done (which bill was read openlye). Nowe it was averred and confessed the cure was done2388 and that iiij1' more was payde / and Mathews contented to fforbare the other 40' till the next terme ffollowinge. But it was 2366. 2367. 2368. 2369. 2370. 2371. 2372. 2373. 2374. 2375. 2376. 2377.

St2: 'in the countrye' (+ 813). St2: 'afternoone' (+ St3, Hay). FH omits this sentence. St2: 'that is, was not' (+ 813). St2: 'was not' (+ 813). St2 omits 'aswell within . . . the question' (+ 813). FH omits 'that it was. . . the Noes was soe greate'. Ha7: 'of Westminster'. St2 omits (+ 813). St2: 'persons' (+ St3, FH, Ha2). St2: 'shippes' (+ 813). St2 adds 'said' (+ 813).

2378. Cam.: 'by'. 2379. Ha7: '49' (as D'Ewes, p.685). 2380. Sic (+ Ha2); St2: Tuesdaye' (+ other MSS). 2381. St2 omits (+ 813). 2382. Pet. adds 'In the afternoone', in another hand, before this entry (+ Eg., Ha7). 2383. Sic. 2384. St2 'that'. 2385. FH omits this sentence. 2386. FH: 'Gurney' throughout. 2387. From St2 (+ other MSS). 2388. FH omits '(which bill. . . was done').

v.

£169

482

v.

£.170

The Tenth Parliament: 27 October-ig December 1601 not payde. Wheruppon nowe the said Mathewes (it beinge three yeares since due) caused Curwine to be arrested. And Mr Hudlestone shewed this to the Howse and offerred, soe he might have his man ffree, to paye the monye due. And because it was averred that the said sergeant knewe not of the said Curwine's beinge Mr Hudleston's man, but onlye was told that he was one of Newe Inne (which indeed was true, and he laye there in his brother's chamber, yet served he Mr Hudlestone as aforesaid),2389 and the said sergeant offerred to sware the same. But the sergeant said that after he was arrested the said Curwine tould him he was Mr Hudleston's man; and then Mathews said, 'Yf yow lett him goe, I wilbe answered by yow; looke yow to it.' Wheruppon the sergeant confessed he kepte him, and yf he had offended, he submitted himselfe, etc.2390 Soe the Howse awarded that the sergeant should be dischardged, payeinge his ffees, and that Mathewes should paye them; and Mathews to paye his ffees, and remayne three dayes in Sergeante's custodye ffor procureinge the arrest; and that Curwine should have his / wrytt of privelidge, and soe he had.2391 This matter was argued diverslye, whether he should be privelidged or noe, and2392 thought not. But at lenght I stood up and shewed the Howse that he ought to be privelidged, ffor we had given judgment in the like case of the Baron of Walton's solicetor this parleamente, etc. And theruppon it was put to the question, and soe ordered to be privelidged, etc.2393 The Howse2394 called to have the bill of ordynance read and sent up. Sir Edward Hobbie said, 'I shall move yow in a matter which thoughe it seeme distastfull in the begininge, yet I dowbte not but it wilbe verye pleasinge in the endinge. I ame given to understand, and I knowe it to be true (ffor I sawe it), that the Lordes of the Upper Howse have a bill touchinge transportacion of ordynance ffarre more lardge in matter and stricter in punishment then ours is. And where we stand soe muche uppon the wordes "without licence" and spend tyme therm, they make noe suche scruple, but put it absolute. Besides I dare presume to informe2395 yow that the gentleman that had the pattente hath made a voluntarye and willinge surrender therof, layeinge the same even / at her Majestic's ffeete which her Majestie most graciouslye and willinglye accepted.2396 Nowe my mocion is this. I knowe their bill is comeinge, and that the parleamente wilbe shorte; yf wee shall read ours and they send theirs, this will breed2397 disputacion, perhappes confusion, and soe in soe good and necessarye a cause iust nothinge done, but bothe neglected. Therfore my desier is we maye tarrye ffor theirs. 'But the Howse would have it read, viz. 'An acte agaynst transportacion of monye, coyne, plate, ordynance,' etc. 16 December Wednesdaye2398 An acte ffor the chaunge of the surnames of those that shall marrye the two dawghters and heyres of William Waller,2399 esquier into the name of Debden.2400 This is the ffirste tyme of the readinge. An acte ffor the poore was read, and ordered to be passed.

Journals :Toumshend's journal, 27 October-ig December An acte to make the landes and tenementes2401 of Edward Lucas, gentleman, deceased, executor of the last will and testament of John2402 Flowerdew, esquyer, deceased, lyable to the payment of certayne legacyes given by the last will of the said Flowerdew, and to the payement of divers other debtes oweinge by the said Lucas in his lyfe / tyme, was read and ordered to be passed. An acte ffor appeasinge of certayne controversies betwene Francis Ketleby and Andrew Ketleby and2403 Jane his wyfe. The substance of which bill is that the matter shalbe reffered to Sir Robart Cecyll, Sir Walter Raleighe, Sir Francis Hastinges and Sir Edward Stafford, etc, and their award to stand good. An acte ffor the necessarye releife of souldiers and marryners, which was read and ordered to be passed. An acte ffor the true makeinge and worckinge of wollen cloth read and ordered to be passed with a provisoe.2404 By reason of earnest busines I, the authore of this jurnall,2405 was at no more this fforenoone.

483

v.

In the afternoone. An acte concerninge captaynes, souldiers and marryners. This was the second tyme of readinge of this bill, and by reason of the generallitye of the bill it was muche excepted unto by Sir Walter Rauleighe and others. Mr Glascocke said, 'Mr Speaker, I have / somethinge touchinge this bill to deliver to the Howse in dischardge of my conscience. And I doe humblie and hartelye praye yow all to heare me patientlye and quyettlye without ffurther interruption. I have bene observed, Mr Speaker, to be an enemye to justices of the peace, and to have spoken yrreverentlye and muche agaynst them; ffor my 2389. FH omits 'but onlye . . . as aforesaid'. 2390. William Huddleston was a 'violent, contentious' man (Commons). 2391. Ha2: 'and soe he drewe it forth and had it'. 2392. St2 adds 'some' (+ 813). 2393. Twysden (Stowe 359, f.298-v) summarizes the Anthony Mathew affair, including the notion that Curwin was not known to be a servant of a member. 'This Curwin was an atturney of New Inne and it was said did not serve Hurlestone, though he had beene hurt in his quarrell, for which reason perhaps escaped so lightly: vide my father's notes, p.113.' 2394. Gor.: 'cause'. 2395. Ha2: 'performe'. 2396. St2 omits 'which her . . . willinglye accepted' (+ 813).

2397. 2398. 2399. 2400.

2401. 2402. 2403. 2404.

2405.

Cam.: 'wilbee'. St2 omits '16 December' (+ 813). St2: 'Walter' (+ St3, Gor.). See The Visitations of Hampshire 1530, 7575 and 1622-34, ed. W. Harry Rylands (Harl. Soc., Ixiv (1913), pp.139-40), and Middlesex Pedigrees, ed. Sir George John Armytage (Harl. Soc., Ixv (1914), p-2i) for the Waller and Dipden families. Pet. adds 'and hereditaments' (+ Eg., Ha7). FH: 'William'. St2 omits 'and Andrew Ketleby and' (+ St3). Pet. adds 'An acte for keepinge of Wednesdaye fishe daye, etc. cast out as reiected.' (+ Eg., Ha7, Gor.). Pet. omits 'the authore of this jurnall' (+ Eg., Ha7, Gor.).

£171

484


owne parte, I meane heare to make my last speeche ffor this parleamente, and this protestacion withall, that I never used any yrreverent language towardes those whose honestie,2406 joyned with their authoritye make them ffamous under the tytle of upright justices. My speeche never was uttered agaynst them, but agaynst two sortes of justices which have authoritye2407 at the commission of musters (ffor all within the countrye are authorised generallye by the2408 word "justices") by whome I would be loth to be yoked or commaunded.2409 'The ffirst is the uncircumsised justice of peace. The second the adulteringe justice of peace.2410 The uncircumcised justice is he whoe ffrom base stocke and lyneage by his welth is gotten to be within the commission; and I call him uncircumcised because he hath not cutt of the fforeskynne of his offencees and v. soe by his virtue wyped awaye the blott or stayne of basenesse / in his birth and lyneage. 'The adulteratinge justice is he that is a gentleman borne, virtuous, discreete and wyse, yet poore and needie, and soe onlye ffor his virtue and quallityes put in the commission. This man I hould unfitt to be a justice, though I thincke him a good member because I hould this ffor a grownd inffallible, that noe poore man ought to be in authoritye. My reason is this, he will soe brybe2411 yow and extorte yow that the sweete sent of riches and gayne takes awaye and confoundeth the true taste2412 of justice and equitye; ffor the scripture sayth, "Munera excaecant oculos iustorum";2413 and justice is never ymprisoned and suppressed but by bryberie, and suche kinde of ministers as I speake of. And I call him an adulterateinge justice because looke howe manye brybes he taketh, soe manye bastardes he begetteth to the common welth. 'Then lett us see whence these justices doe come, and howe they be made. It cannot be denyed but all justices be made by the Lord Keeper; then he is in ffaulte, and none els. For my owne oppinyon, I have ever held him a man both honorable, grave, and wyse, soe juste that never2414 was the meanest subiecte soe wronged that he ever complayned; therfore his justice cannot be taxed. I, £172 but his care maye, ffor / he onlye maketh them. Noe, I maye more easilye excuse him then our selves, ffor he maketh none but suche as have certifficates comendatorye ffrom the justices of assize. Whie then, they be in ffaulte, ffor impossible it is my Lord Keeper should knowe the quallitye and sufficyencie of them himselfe, but onlye per a/mm,2415 in truste, as by the justices of assize. Noe, the galle lyes not-there, ffor they neyther (by reason they are not rideinge on circuit) are well acquaynted with the nature of those secrett justices, but when any desireth to be a justice, he getteth a certifficate frrom diverse justices of the countrye to the justices of assize, certefyeinge them of their sufficiencye and habillitye, and they agayne make their certifficates (beleevinge the fformer) to the Lord Keeper, whoe at the next assize putteth them in commission. And thus is the Lord Keeper abused,2416 the justices of assize abused, and the countrye trobled with a corrupte justice put in authoritye. The cause comes onlye ffrom the justices themselves; and whoe be they? Even all yow here present, or most of us. My suite therfore ys that yow will abstayne ffrom suche comendacions and hould your handes ffrom2417 wryteinge iniquitye, and


485

doeinge soe sinfull a deed as to commend an unworthie person, and not to commend a worthie and deservinge / subiecte. And I thincke this aposicion v. both true and publique, that it is as great a sinne2418 to adde to the unworthie as to detracte ffrom the worthie. And, Mr Speaker, yf these men maye be excepted out of this bill I will not onlye be readie to goe, but rune fforth to have soe good a la we established.' Then I, the author of this jurnall,2419 stood up and shewed that in to muche generallitye theire never wanteth error; and soe in this bill, beinge to generall, namelye that all ffrom the age of xviijen to xvjen2420 must appeare at musters and maye be prest, noe exception of any, and therfore noe profession exempted. 'It is not unknowne unto yow that by profession I ame a lawyer, and unfitt to be a professor of the arte of warre. Therfore I praye that it would please the Howse, yf they would committe the bill, to committe it to be returned on the last daye of the next parleamente, or els that as a worthie sergeant (Heale) the laste parleament in a bill of this nature moved to have an exception or provisoe ffor all sergeantes,2421 yt would please yow to admitte of a provisoe ffor all lawyers.' At which the Howse laughed hartelye, it beinge done ffor mirthe;2422 and divers mocions of the like nature were made. xvij December Thursdaye2423 Sir Edward Hobbie shewed that the / parleamente was no we in the wayne, and order had bene taken toucheinge the infformacion delivered to this Howse in Mr Belgrave's cause, but nothinge done therin. 'And (as it seemeth by the not takeinge out of the processe) a prosecucion of the cause is intended agaynst the said Mr Belgrave, I thincke it therfore ffitt, because the cheefe scope of that infformacion seemeth to be toucheinge a dishonor offerred to this Howse, that it would please yow it might be put to the question whether he had offended this Howse, yea or noe. Yf he have, he desireth to be censured by yow, yf he have not, it wilbe a good motyve2424 to the honorable here present, whoe be judges of that courte, ffor their satisfaccion in clearinge the gentleman of that offence.' Mr Speaker stood up and moved the Howse that because the parleamente was like to end on Satordaye, it would please them to send the bill of 2406. Cam.: 'honest'. 2407. Ha2 omits 'My speeche . . . authoritye'. 2408. St2 omits 'the' (+ 813). 2409. Ha2 adds 'by noe meanes'. 2410. St2 omits this sentence (+ St3, Ha2). 2411. Ha2: 'bride'. 2412. St2: 'cast' (+ St3). 2413. FH omits 'ffor the scripture . . . oculos iustorum . Deut. 16. 19. 2414. FH omits. 2415. FH omits 'per alium .

2416. Ha2 omits 'the justices of assize abused'. 2417. St2 omits 'suche . . . ffrom'. 2418. Ha7: 'faulte'. 2419. Pet. omits 'the author of this jurnall' (+ Eg., Ha7, Gor.). 2420. Sic. St2: '60' (+ other MSS, though Cam. has '16 to 60'). 2421. St2: 'servauntes'. 2422. FH ends the sentence here. 2423. St2: '16 December Wednesdaye' (+ St3). 2424. Pet.: 'motion' (+ Eg., Ha7).

f.i?3

486

v.

f.i74

v.

The Tenth Parliament: 27 October-ig December 1601 ordynance to the Lordes, and that they might be moved to retayne all the pryvate bills in their handes till the XH or vu were payde, accordinge to our fFormor order. Soe the Howse cryed 'Mr Secretarye Cecill', whoe went and did accordinglye. And then to proceed in the mocion toucheinge Mr Belgrave, Mr Comptroler said, 'I knowe the gentleman / to be an honest gentleman, and a good servante to his prynce and countrye, and ffor his offence to this Howse I thincke it very ffitt to cleere him, and doe wishe it maye be putt to the question. Yf it please yow he maye be cleered, I wilbe reddie to avouche your sentence, ffor his offence to this Howse, when I come there. But yf any other matter appeare uppon openinge of the cause, with that we have not to doe withall.' Mr Secretarye Cecill said, 'Toucheinge this greate offence in the countrye, I have heard it spoken of diverslye, but ffor my owne parte, I ame rayther apte to move consideracion agaynst him that drewe the bill (one Mr Dyott) and that he should be well punished, whoe beinge a member of this Howse should seeke to deminishe the prerogative2425 of this Highe Courte of Parleament by prayeinge ayde of the Starchamber ffor an offence done to us, this courte sittinge. And I doe desier that two thinges maye be considered, ffirst that the gentleman (Mr Dyott) make an apollogie ffor his accion in draweinge the infformacion, and secondlye, that this gentleman, Mr Belgrave, maye be cleered heere, which wilbe a good inducement to the Lordes not to censure him heavilye there', etc. Mr Ravenscrofte said, 'The gentleman (Mr / Dyott) is holden in the reputacion of an honest man and we ought not proceed agaynst a ffellowe member till he be called.2426 It is not apparant unto us that he made it.2427 The infformacion2428 is under Mr Atturnye's hand, and therfore ought to be intended his, ffor nowe it is of record under his hande, agaynste which we cannot2429 receyve noe averment of speeche of others, other then the gentleman's owne wordes, viva voce; and that I thincke he will not confesse.' Soe ther was noe more said of this matter. It was put to the question whether he shoulde be cleered of the offence to the Howse, yea or noe. And all cryed 'I, I, I', but onlye younge Mr Francis Grantham,2430 whoe gave a greate 'Noe', at whome the Howse lawghed, and he blushed. Sir Francis Hastinges said, 'Mr Speaker, because I see the Howse at soe good leysuer, I wilbe bould to remember some matters past this parleamente and deliver my oppinyon, with desier of refformacion. I meane not to taxe any man. Divers speeches have bene used2431 concerninge justices of the peace, soe sclanderous and deffamatorye, with soe unwonted2432 epithites, with suche sclanderous deffmitions, a testimonye both of levitye ffor the one, and scante sound judgmente ffor the other. And therfore I doe humblye / praye the honorable here present that those justices which serve religiouslye, dutifully, and carefullye, maye be countenanced. The Churche and common welth are two twynes which lawghe and lyve together. Longe have we joyed in her


487

Majestie's happie govermente, and longe maye we.2433 We have to stronge enemyes, Rome2434 and Spayne; ffrom thence all our rebellyons have proceeded, and by treasons,2435 hatched there, the sacred lyfe of our sweete soveraigne hath bene sought and indaungered. The bouldnes of the Jesuites and seminaryes is greatlye increased, and they be verye dilligent to perverte, which2436 there often and ordinarye published pamphlettes to every man's veiwe well testefyeth and apparantlye sheweth the perversnes of their spirittes and corruptnes of their hartes. And the multitude beinge perverted, what daunger this maye breed to the State and to our soveraigne Queene judge yow? For my parte, I ame and wilbe reddye to laye my lyfe at her ffeete to doe her servyce.2437 We had neede to have specyall care of them, ffor themselves doe bragge that they have ffortye thowsand true harted Catholiques (ffor soe they call them) in England, besides their retynue, poore Catholickes and newters and I knowe not what. It is therfore fritt we looke to this dangerous / case, and not to thincke our selves secuer because we ffind noe harme, ffor £.175 it is a true posicion that secueritye without providence is most dangerous. I conclude onlye with this desier, that those which have supreeme authoritye will looke that those which have infferyor govermentes will2438 doe ffaythfullye and that we maye be ruled in obedyence.' Mr Wingfeild spake to the same effect, and because it had pleased the Howse [to make choyce]2439 of the Clarke ther to be our servante this parleamente in his mayster's steed, Mr Onslowe, whoe is sicke, that the Howse in regard of his ffaythfull servyce, and diligent attendance, give xijd a peece or what they shall thincke good, everye man in his discretion. That mocion was liked, and agreed to be the nexte morninge gathered. In the afternoone.2440 An acte ffor the changinge of the surnames of William Waller,2441 esquyer and his two dawghters and the names of those that shall marrye them into the name of Dibden: this was the second readinge, etc. Sergeant Yelverton and Doctor Hone brought an acte ffrom the Lordes entitled 'An acte ffor refformacion of deceiptes and ffraudes of certayne auditors and their / clarckes in makeinge of divers perticulers', etc. Sergeant Harrys spake to the bill of Waller2442 aforesaid: 'In lawe ther is a 2425. 2426. 2427. 2428. 2429. 2430.

Hay: 'prorogation'. FH omits 'till he be called'. Gor.: 'us'. FH omits 'The informacion'. Sic. St2: 'cann' (+ other MSS). Commons, sub Grantham, Francis: the man is not known to have sat for any constituency, and this is our only reference to him. 2431. Gor.: 'past'. 2432. St2: 'unworthie'; FH: 'unpleasing'. 2433. St2 omits (+ 813).

2434. 2435. 2436. 2437. 2438. 2439. 2440. 2441. 2442.

Eg. omits (+ Hay). Cam.: 'traitors'. St2: 'with' (+ St3, Gor.); FH: 'and'. Gor.: 'good'. Gor. omits 'looke that. . . govermentes will'. MS omits (+ St2, 813); Gor.: 'to allow' (+ Pet., Eg., Hay). FH omits this entry. St2: 'Walker' (+ 813); Gor.: 'Walter'. St2: 'Walker'; Gor.: 'Walter'.

v.

488


£176

bastard and a mulier, and a bastard hath the name of the mother, a mulier of the ffather.2443 Yf a man come into a poulterer's shoppe to buye a woodcocke, whether it be cocke or henne he buyes it by the name of a cocke, and yf it be a goose, whether a goose or a gander, he buyes it by the name of a goose. And suerlye Sirs, because the land came by a matche (by a woman) with the Dibdens, he would have it goe with the name of the woman.2444 I thincke he deserves the name of a goose, yf not a woodcocke, ffor his conceipte, which thoughe it be a meer toye,2445 I wishe it good passage, ffor their is an order that uppon every private bill some thinge must be given to the poore, which will doe them muche good and noe harme to the prefferrers herof,' etc. An acte ffor assize of bread was this daye read, and ordered to be committed. An acte ffor reduction of all brewers, within two myles of the Cittye of London, to the Companye of Brewers there.2446 An acte agaynst ingrossers and fforestallers of butter and cheese. An acte agaynste cozeninge with ffalse dize.2447 / An acte ffor reformacion of abuses in phisicions.2448

v.

18 December Fridaye.2449 As the Speaker was comeinge to the Howse in the morninge the pardon was delivered unto him, which he tooke and delivered it2450 to the Howse, which they sent backe agayne because it was not brought accordinge to course.2451 The collection ffor the Clarcke of the Parleamentes' servant, supplyeinge his mayster's place,2452 of xijd a peece, accordinge to Mr Wingfeilde's mocion yesterdaye, was made, which amounted to aboute xxv1'.2453 Mr Bowyer, secretarye to the Lord Treasurer, sittinge in the middle of the Howse on the lefte side as you come in, next to Mr Skipwith2454 of Lincolne's Inne, swounded2455 uppon a suddayne, and was agayne recovered within a quarter of an hower. It was said he had a spice of the ffallinge sicknes. He was carryed fforth of the Howse by the Sergeant of the Howse and three of his men into the utter roume. It was strange to heare the diversitye of oppinyons toucheinge this accident, some sayeinge it was malum omen,2456 others that yt was bonum omen, etc. But as God will, soe be it, etc. Mr Atturnye Generall brought in the pardon, intitled 'An acte ffor the Queene's Majestie's most gratious, generall and ffree pardon'.2457 Hee came assisted on the right hand by Mr Doctor / Carye, and on the left hand by Mr Doctor Stanhopp. He alsoe delivered to us agayne our subsedie bill, entitled 'An acte ffor the graunte of ffower entyer subsedyes and eight ffifteenes and tenthes, graunted by the temporallitye'.2458 The bill ffor auditors was broughte ffrom the committment by Mr Secretarye Cecill. Mr Hackwell made a mocion that the Speaker might saye somethinge toucheinge the transportacion of ordynance, that seeinge the bill in the Lower Howse is ffallen into an everlastinge sleepe, and that he knewe2459 not therof before this daye, he2460 could not be blamed ffor that which he could not have spoken before this tyme; but nothinge was replyed or done.

Journals :Townshend's journal, 27 October-19 December

489

The subsedie of the clargye was sent in a rowle2461 accordinge to the usuall actes, to which Sir Edward Hobbye tooke exceptions, because it was not sent in a longe2462 skinne of parchement under the Queene's hand and scale, soe it was sent backe agayne, and then the other was sent. Quaere of Mr Phetiplace and Sir Robart Wrothe2463 what was done with the monye, viz xs of every knight and vs of everye burgesse collected ffor the poore, and howe it was agreed to be distributed, etc. / [19 December Satterday]2464 Aboute ix of the clocke the Howse came together, this daye beinge the appoynted to be the laste daye of the parleamente and her Majestic appoynted to come to the Howse, and as the Howse satte quyettlie one talkinge with another, about a ioo2465 beinge in the Howse,2466 Mr Wyseman stood up and said, 'Mr Speaker, because I see our busines is at an ende, and that we nowe have little to doe but onlye to attend her Majestie's pleasuer, I wilbe bould to put a case to the Howse uppon one of our newe statutes of roagues, offerringe the resolucion therof to your consideracions, the case beinge common and ffitt by every man here to be understood. It is thus. A woeman is begotten with child in one howse, and before she appeares to be with childe, she goeth awaye, and serveth in another howse in another countrye. My question is where this woeman shalbe releived, and where this child shall lyve.' Mr Browne of the Courte2467 said, 'In my oppinyon the woeman is to be releived, and the child, where it is gotten, ffor their masters maye looke better 2443. Gor.: 'author'. See Townshend's report of the conference with the Lords in 1597 on the bill of tellers for Burghley's comment about Parliament making 'a man a woman': a 'mulier' is a male bastard legitimized by later marriage (Towshend's journal for !597i f-i3v and Pollard's comment (BIHR, xii.17, 11.72)). 2444. FH: 'Dibdens'. 2445. Ha2 omits. 2446. Pet. adds (and therefore repeats) 'an acte for assise of bread' (+ Eg., Ha7). 2447. i.e. dice (as other MSS). 2448. Twysden's account for this day (Stowe 359, fos.299—300) refers, as does D'Ewes, p.688 to a motion that the names of those who refused to contribute to the relief of the poor and maimed soldiers be read, and says there were 44 names, or as 'some notes say 71'. 2449. St2: '17 December Thursdaye' (+ St3). 2450. St3 omits 'unto him . . . it'. 2451. St3 omits 'course'.

2452. Pet. omits 'of the Parleamentes' . . . place' (+ Eg., Ha7, Gor.). 2453. Twysden (Stowe 359, f.3Oo) comments on the £25 said to have been collected for the poor at I2d per member. The amount would imply a membership of '500 men, which by no division it doth appeere at any tyme to have beene.' 2454. Gor.: 'Shipwith'. 2455. 813: 'sounded'. 2456. Cam.: 'omero' (and after). 2457. See SR, iv.ioio. The title is correct. 2458. See SR, iv.99i. The title is correct. 2459. Ha7 omits. 2460. St2: 'and' (+ 813). 2461. Ha2: 'bill'. 2462. St2 omits (+ St3). 2463. Cam.: 'Worth'. 2464. From Pet. (+ Eg., Ha7, Gor.); FH also omits the previous paragraph. 2465. St2: 200 (+ 813); Ha7: 'no'. 2466. Pet. omits. 2467. Richard Browne was clerk comptroller of the Household at this time.

£177

490

v.

£178

v.


to them, then lett their servantes lyve soe lewdlie. And therfore this comeinge by his negligence or wante of care, or perhappes with his to muche ffamilliaritye with his servantes, I see noe reason but he in whose howse the childe is / gotten should be chardged with both.' Sir George Moore said, 'Partus sequitur ventrem246* the child ffolloweth the mother; and therfore where the statute alloweth helpe to the mother, their is releife alsoe to be given unto the childe.' Mr Phetiplace said, 'I knowe not, Mr Speaker, howe it is in the countrye, or in other places, but in the Cittye I am suer the man of the howse is ever the reputed ffather till the true fFather be knowne or confessed by the woeman. Yf the ffather be knowne,2469 and be able to keepe the child, then by the lawe he is constrayned to releyve2470 the woeman and childe; yf he be not able, the use with us in London is that the child shalbe delivered to some hospitall, or to the parishe, there to be releived.' Mr Wyseman2471 said, 'I thincke I ame not to be debarred ffrom speeche (ffor this I take to be more parliamentario)2472 but that I maye deliver my oppinyon. And I shall rayther hould that she is to be releived by neyther, rayther then by anye, ffor it is not consonante eyther to the lawe of reason of pollecye to be releived. But that it should be accompted2473 ffor her owne sinne, and her owne ympietie, and the example of penurye (in noe2474 releife) is better then anye admonicions; and if some streight and / seveare course be not used, the sinne is soe common that in shorte tyme we2475 shall have noethinge more common, especiallye when we doe use suche cockeringe of them, as we nowe doe,2476 and counte it a matter of charritye to releive them.' Mr Francis Moore thought that bothe in charritie and lawe by the expresse wordes of the statutes they were to be releived.2477 Mr Speaker moved the Howse to knowe their pleasures yf they should adiurne the Howse till one of the clocke. And as they were ryseinge Mr Herbert Crofte said, 'Mr Speaker, though perhappes my mocion maye seeme unseasonable at this present, yet I beseeche the Howse to consider with me a speeche that consisted (yesterdaye) of iiijer partes, the scope therof' (it beinge Mr Hackwell's speeche) 'layeinge open the dangerous mischeifes that come by transportacion of ordynance and that due refformacion therof maye be had ffor restraynte of pryvate transportinge. I would onlye put the Howse in mynde, and you alsoe Mr Speaker, that the gentleman which yesterdaye moved it, desired that Mr Speaker might saye some thinge to her Majestic therof in his speeche to be inserted, which I doe agayne desier the more earnestlye, because our bill is ffallen, as he said, / into an everlastinge sleepe, and we have noe remedye but by her Majestic.' Mr Speaker said, 'Yf it please yow, I meane uppon the mocion the gentleman made yesterdaye to saye some thinge therin, both ffor your satisfaccion and performance of my dutye. And therfore this matter shall need noe ffurther to be moved.' With which the Howse rested well satisfied, and soe rose. But it is to be noted that the Speaker said not one word in his speeche to her Majestic toucheinge that matter, which was greatlye murmured at and spoken


491

agaynste amonge the burgesses that the Howse should be soe abused, etc. But nothinge was done therin.2478 In the afternoone. Aboute one of the clocke divers gentlemen mett together at the Howse whether the Speaker came, and after the Privye Counsell; wher after sittinge some hower and a halfe at paste two2479 they went to the Upper Howse and stayed there at the gallerye doore above halfe an hower. And at lenght the dore was opened, and the Lordes of the Upper Howse beinge all sett and her Majestic under a riche cloth of estate, the Speaker went to the usual! place at the barre, where, after three reverences / made and the like done in their tymes £.179 by all the Commons, the said Speaker said to this effect, viz. The lawes were not at ffirst made with humayne penne, but by devine ordynance; that pollitique lawes were made accordinge to the evill condicions of men, and that all lawes served not ffor all tymes, noe more then one medicyne ffor all disseases. Yf he were asked what were the ffirst and cheifest thinge to be considered he would saye religion; yf the second, religion; yf the third, religion: soe religion is all in all. For religion breedes devocion, devocion breedes zeale and pietye to God, which breedeth obedyence and dutye to the prynce and observance2480 of the lawes, which breedes ffaythfullnes, and honestie, and love, three necessarye and onlye thinges to be wished and observed in a well governed common welth. And that her Majestic by plantinge true religion had layde suche a ffoundacion uppon which all these vertues were soe planted and buylded that they could not easilye be rooted up and extirpated. And therfore we did acknowledge that we ought and doe acknowledge that we will prayse God and her Majestic ffor it. And then he descended to speake of govermentes and lawes of nacions2481 amonge and above all which he principallye2482 prefferred2483 the lawes of this / land, which he said v. were soe manye and soe wyse that ther was almost noe offence but was mett with in a lawe; notwithstandinge, her Majestic beinge desirous ffor the good of her land to call a parleamente ffor redresse of some lawes and makeinge some newe, her dutifull and loveinge subiectes, haveinge considered of them, have made some newe, and amended some ould, which they most humblye desier maye be made lawes by her most royall assent, which giveth lyfe unto them. And soe after thanckes given ffor the pardon, by which we dread your justice 2468. Cf. Corpus Juris Civilis: The Civil Law, (ed. S. P. Scott, 1973), 1.92-3. 2469. St3 omits 'or confessed . . . be knowne' (+ Ha2). 2470. Cam.: 'keepe'. 2471. St2: 'Mason' (+ 813) - not a member this session. 2472. St2: 'more parliamentarye' (+ St3). 2473. St2: 'recompted'. 2474. Ha2 unclear.

2475. St2: 'which'. 2476. Gor. ends sentence here. 2477. Sect.i of 39 Eliz., c.3 (SR, iv.896) might be so construed. 2478. Gor. omits this sentence. 2479. Cam. omits 'at paste two'. 2480. Pet.: 'obedience' (+ Eg., Ha7). 2481. St2: 'of lawes and nacions' (+ St3). 2482. Cam. omits. 2483. FH: 'commended'.

492

£.180

v.

The Tenth Parliament: 2j October-iy December 1601 and admyer your mercye, and a prayer unto her Majestic that she would accepte as the testimonye of our loves and dutyes offerred unto her with a ffree harte and willinge spirritt, iiijer entyer subsedies and viij ffifteenes and tenthes, to be collected of our landes and livelyhoodes (in speakinge wherof he mistooke and said iiijer entyer ffifteenes and viij subsedies, but he was remembred by some of the Counsell that stood neere aboute him and soe spake right as aforesaid), and alsoe pardon craved ffor his offences, yf eyther he had fforgotten himselfe in worde or accion, he ended. To which the Lord Keeper answered thus / in effect. 'First, as toucheinge her Majestie's proceedinge in the lawes, ffor her royall assent, that should be as God shall directe her sacred spirritt. Secondlie, ffor your presentacion of iiijer subsedies and viij ffifteenes and tenthes. Thirdlye, your humble thanckfulnes ffor the pardon ffor them and your selfe: I will deliver her Majestie's commaundemente with what brevitye I maye, that I be not tedious to my moste gracyous soveraigne. 'First she sayth touchinge your proceedinge in the matter of her prerogatyve, that she is perswaded subiectes did never more dutifullye,2484 and that she understood yow did but obiter touche her prerogatyve, and noe otherwyse but by humble peticion, and therfore that thanckes that a prynce maye give to her subiectes she willinglie yeildeth. But she nowe well perceyved that private respectes are privilye masked under publicque pretences. Secondlye, toucheinge the presentacion of your subsedies, she specially e regardeth two thinges, both the persons and the manner.' For the ffirst, he fell2485 into comendacions of the comunaltye; ffor the second, the manner, which was speedye, not by perswasion or perswasive inducementes, but freelye out of dutye with greate contentment. 'In the thinge which yee have graunted, her Majestic greatlye commendeth your confidence and / judgment, and thoughe it be not proporcionable to her occasions, yet she most thanckefullye receyveth the same as a loveinge and thanckfull prynce. And that noe prynce was ever more unwillinge to exacte or receyve anye thinge2486 ffrom the subiecte then she our moste gracyous soveraynge is; ffor we all knowe she never was a greedie grasper, nor streight handed keeper. And therfore she commaunded me to saye that yow have done (and soe she taketh2487 it) dutifullye, plentifullye and thanckfullye. 'For your selfe, Mr Speaker, her Majestic comanded me to saye that yow have proceeded with suche wisdome and discretion that it is much to your comendacion, and that none before yow hath deserved more.' And soe he ended, after an admonicion given to the justices of the peace that they would not deserve the epithetes of prolinge justices, justices of quarrells, whoe compted champertie good chevesance, sueinge justices whoe doe sucke and consume the welth and good2488 of the common welth, and alsoe agaynste those whoe doe lye, yf not all the yeare, yet at leaste three quarters of the yeare in this Cittye of London, etc. After this speeche ended, the Clarcke of the Crowne read the tytles of divers actes. To the generall actes2489 which were allowed the Clarcke of the

Journals :Townshend's journal, 27 October-19 December

493

Parleamente answered, 'Le I Roigne le voef; to the private2490 actes to be passed, £181 'Soitfait come il est desira; to the generall actes not passed, 'Le Roigne lui avisera; and soe to the other, to the subsedies and pardon, as in the last parleamente.2491 Which done, the Lord Keeper said, 'It is her Majestie's pleasure that this parleamente shalbe dissolved, and she giveth lycence to all knightes, cittizens and burgesses to departe at their pleasuer. And soe God save the Queene.' And all the Commons said alowde 'Amen'. Memorandum: as the Queene came out of the Parleament Howse amonge the Commons, very ffewe said 'God bless your Majestic', etc. as in all assemblyes they were wonte; and when she came by the Speaker she onlye offerred him her hand to kysse,2492 and2493 went by. And the presse beinge greate, and the roume she was to passe not above a yarde in bredth she stood still, and with her hand she bad make more roume. And the gentlemen ushers said, 'Make more roume behinde'.2494 To which one behinde answered alowde, 'By God, I can make noe more, yf yow would hange me'; which dowbtles the Queene might heare, it was soe lowde spoken, ffor I stoode next her and heard it. But she / looked that waye ffrom whence it was spoken, very sternelye, and v. said not one word, but went presentlye thorough. Memorandum: that over the seates in the Parleamente Howse are certeyne holes, some two inches square, in the walles, in which were placed postes to uphowld a skaffold round aboute the Howse ffor them to sitt on which used the wareinge of greate breeches stuffed with hayre, like greate wollsackes; which ffashion beinge left, in the parleament holden viij Elizabeth the scaffoldes were thus pulled downe, and never since sett upp, neyther was the ffashion ever since used.2495 Thus all the old Parleamente men affirmed, talkinge one daye together in the Howse before the Speaker came.2496 Sic definit parliamentum tentum apud Westministerium xix°2497 die Decembris die Sabathi in vigilia Sancti Thome Apostali, anno 1601, et anno Reginae Elizabethae 44 cunente, et adhuc incomplete.2498*

2484. Ha2: 'subiects (shee will confesse) never more dutifull'. 2485. Ha2: 'yee'. 2486. Gor. omits. 2487. Hay: 'liketh'. 2488. Ha2 omits 'and good'. 2489. St3 omits 'to the generall actes'. 2490. Eg.: 'particular' (+ Pet., Hay). 2491. Cf. these formulae with Townshend's account in I59y, £21 v.

2492. Pet. omits 'to kisse' (+ Eg., Hay). 2493. Ha2 adds 'he'. 2494. Hay omits this sentence, though 'behind' has been transferred to the end of the previous sentence. 2495. St2: 'neyther they ever since used' (+ St 3 ).

2496. Cam. omits this second memorandum. 249y. St2: 'xvij0' (+ 813). 2498. Gor. omits these three last paragraphs.

Appendix: The audience with the Queen, 30 November 1601 (see f.$7v above) Text: Egerton 2222 (+ Harl.y2O3, Petyt 537/16, Cam.Dd.2.39D, FH, Gor.)

f.i24v £125

v.

£126

In the afternoone about three of the clocke some sevenscore of the House mett att the greate chamber before the councell chamber in Whitehall. / Att length the Queene came into the councill chamber where, sitting under the cloth of state at the upper ende, the Speaker with all the company came in, and after three lowe reverences made, he spake to this effecte: 'Most dreade, most sacred and renowned soveraigne, wee your Majestie's loyall and faithfull subjects the knights, citizens and burgesses of your Lower House of Parliament doe with all duty and humbleness, not one or a fewe for all, but all of all,1 with most humble thanks for your gracious message and acknowledgment of youre unspeakeable bounty, both extended and performed, present ourselves before you. Wee cannot say that wee have called and have been hearde, or that wee have complayned and have been helped; but wee may say that you, our most just and loving prince, have without calling or complayning redressed both our griefes and complaints, which in all dutie and loyaltie we do and will acknowledge, / and your sacred eares are open to heare us, and your sacred hands stretched out to relieve us; yet in all duty wee acknowledge your preventing grace and all-deserveing goodnesse, and promise our owne readynes in expense both of goods and lyves for the safety of your Majestic and our selves. For your Majestic hath performed more than wee can desire2 and all that wee cann desire, being a queene of all truth, constancy and goodnesse. Wee must render unto you, most gratious soveraigne, more than thanks, even our hearts and all our loyall affections, who are and have been carefull to provide all good things for us by diverting and subverting our daily and hurting3 grievances, as now by your most gratious published proclamation appeareth unto us, ffor which your most gratious favours wee now come to prostrate ourselves and our services before your Majestie's ffeete, most humbly craving of your sacred highnesse that the acknowledgment of our duties and thankfulnes may be / graciously received.4 And wee beseech the Allmighty that as you have long and prosperously raigned over us, soe that our prosperitie and your government may be long continued.' And soe all said 'Amen'.

Appendix: The audience with the Queen, 30 November 1601

495

The Queene answered herselfe: 'Mr Speaker, wee have heard your declaration and perceive your care of our estate by falling into the5 consideration of a gratefull acknowledgment of such benefites which you have acknowledged.6 I doe assure you there is noe prince that loveth his subjects better, or whose love can countervayle our love. There is noe Jewell, be it never soe rich a price, which I sett before this Jewell, I meane your love. For as I am that person that still yet under God hath delivered you, soe I trust I still shall. There is nothing that I wish more than to content the subject,7 doe I desire to live longer dayes than I may see your prosperity, and that is my only desire. Render unto them from mee, I beseech you Mr Speaker, such thanks / as you imagine my heart yieldeth8 but my v. tongue cannot expresse. I doubt I have more cause to thanke you all than you mee. By the allmighty power of God it hath pleased him to preserve me from envie,9 perill, dishonour, shame, tyranny and oppression. That he hath thus preserved me I humbly thanke him, and doe pray that hee would enable me after this preservation to guerdon your loves and loyalties. 'For the proclamation that wee have sett forth, I much joy that it is done for your good, soe I am greatly grieved att the cause thereof, that oppression should spring out of our bounty, which I ever supposed should be for your good. Thinke you that ever wee would have granted anything to the hurte of our subjects to whom wee are so much engaged? I protest I never sett my hand to anything which did not seeme10 to outward showe both good and beneficiall to the subject. But the contrary being founde by experience I am exceedingly beholding to such / subjects as would move the same att first. And I am not £127 soe simple to suppose but that there be some of the Lower House whom those grievances never touched, and for them I thinke they spake out of zeale to theire countryes, and not out of spleene or malevolent affection as being parties grieved. To those servants of mine to whom I was somthing11 beholding and had well deserved I made those graunts, but I perceive they dealte with me like to physitians who, giveing a drugge, make it not12 acceptable by giveing it a good aromaticall13 savour or, where they give pills, doe gilde them all over. Shall they, thinke you, escape unpunished that have thus oppressed you? Noe, Mr Speaker, I assure you were it not14 more for conscience sake than for any glory or increase of love that I desire these errours, troubles, vexations and oppressions done by these varletts not worthy the name of subjects, should not escape without condigne punishment. 1. 2. 3. 4. 5. 6. 7.

Cam.: 'not one nor a fewe, but all'. Cam.: 'deserve' (+ Gor., FH). Cam.: 'hurtfull' (+ Gor., FH). Cam.: 'accepted' (+ Gor., FH). Cam. adds 'gratious'. Cam.: 'received' (+ Gor., FH). Cam. (+ Gor., FH) adds, and makes better sense, 'and that is a dutie I owe, neither'.

8. 9. 10. 11. 12. 13. 14.

Cam.: 'thinketh'. Cam.: 'evill' (+ FH). Cam.: 'serve' (+ FH). Sic, Cam.: 'sometimes' (+ Gor., FH). Sic; Gor. omits. Cam.: 'to good a continewalT. Cam. (+ FH) omits and makes better sense by reversing 'were' and 'it'.

496 v.

f.i28

Appendix: The audience with the Queen, 30 November 1601 'I knowe the title of a king is a glorious / title, but assure yourselves that the shyning glory of princely authority hath not soe dazled the eyes of our understanding but that wee well knowe and remember that wee alsoe are to yielde an accompte of our actions before the great judge. And I hope God will not impute others' culpes and offences to me, who though there were daunger in repealing of graunts, yet what daunger would I not rather incurre than I would suffer15 them still to continue? There will never queene sitt in my seate with more zeale than I have to my countrey and care to my subjects, and that will sooner with willingness venture her life16 for your good and17 safetye than my selfe. I thanke God I never yet feared fforeigne or home18 enemy: I speake it to give God the prayse as a testimony before you, and not to attribute anything to myselfe. For I, oh Lord, what am I or what can I doe, that I should speake for any glory, God forbidd? 'This, Mr Speaker, I pray you deliver unto the House to whom heartily recommend me, / which is all I desire, only the safety of our estate and of you all excepted.' Shee further commaunded none should goe out of towne before they kist her hand.

15. Cam.'further' (+ Gor.). 16. Cam. 'selfe'.

17. Cam. omits 'good and'. 18. Cam. 'homebredd'.

Indexes This index is divided into three parts and broadly follows the pattern adopted in volume II. Bracketed page numbers indicate the re-appearance of subject matter resulting from the printing of more than one version of some items. This is most obvious in the case of the Queen's speech of 30 November 1601. In the index of persons, the nature of monopoly grants is shown in brackets immediately after grantees' names. A question mark in an entry indicates an unspecific reference to a person or subject in the text. An = anonymous journal (1593) T = Townshend's journal App = appendix to Townshend's 1601 account

GENERAL INDEX Aberystwyth 323-4 & 11.398 alehouses 252 and see Bills Armada(s) 23, 66, 72, no, 280-1, 310, 332 Articles of religion 47 assistance, letters of 396 assizes 70 Barrowists 124, 163, 167, 192 bastardy 131, 150, 152-3 Bedford, Bedfordshire 322 benevolence 112 Berwick, garrison 109 bishops 50, 78, 79, 82, 127, 273, 316, 472, 474 and see Bills powers, abuses of 30, 32, 33-4, 36, 37-8, 45, 46, 48, 51, 76-7 Book of Common Prayer 32, 38, 47 Book of Martyrs (John Foxe) 240 Boston 380 Bridgnorth, Shropshire 235 Brownists xvii, 124, 162—3, 166, 167, 168, 192, 474 Cardigan, election 256, 323—4 & n.398 Carmarthen 322 casks 131 and see Bills Catholics 265, 266, 312, 474 and see Jesuits, seminary priests Chichester, Sussex 322 Church 8, 34, 76, 81-2, 143, 167, 486 ex officio oath 30, 31-2, 33-4, 36-8, 39, 45-6, 47, 76, 77, 78-9 excommunication 32-3, 37, 78, 79, 163, 168 lands 166 and see Bills, letters patent; uses, charitable non-residence 163, 168 pluralities 168 and see Bills

Protestant faith, 'Gospel', 'religion' 179, 181, 186, 191, 192, 248, 249, 259, 261, 262, 2634, 265, 266, 268, 269, 270, 271, 288, 290, 307, 310, 330, 415, 491 subscription 7, 31, 32, 33, 34, 36, 38-9, 45-6, 47, 76, 77, 78 suspension/deprivation 32, 33, 45 Cinque Ports no, 120 cloth see Bills Colchester, Essex see Bills Commission, Ecclesiastical 30, 36, 46 Commons, House of xviii, xxviii, xxix, 4 committees 342-4 and see Bills arrests 132 Bonner's bill 124 building, London 170 casks 148 continuance 124, 326 Cooke's bill 140 Dunkirk 438 elections 322-3, 440 Exchequer 362, 380 forestallers 234 laws, review 308 Markham 382 merchants' assurances 439-40 monopolies 241, 380-2, 387-90 and see Bills, patents and common law/patent and patentees Nevillle's bill 142 poor/vagabonds 122 privileges 252, 306, 434-5 Raven's bill 121 recusants/sectaries 70, 82, 128, 164-5, 166-8, retailers 132, 142, 144, 145-6 Ridley's bill 124

498

General index Sabbath 317-18 saltfish/herring 121 Stafford's bill 124 subsidy 75, 82, 92-3, 107, 108-13, H4> 286-7, (?)3H, 329-33 Vaux's bill 147 conferences with Lords 166 continuance 124 elections 446—9, 450, 457 Englefield's bill 148, 150 patents 449-50, 465-7, 470, 478 recusants, residence 151 recusants/sectaries 164-5, 166, 167-8 subsidy 54 & n.2, 88, 92-3, 95-6, 98-100, 101-2, 103, 104-5, 108, 116-17, 44i tellers/receivers 236 elections 86, 356 Cardigan 256, 323-4 Denbighshire 256, 320-2, 346, 347-8, 350-4 Leicester 256, 431-2, 436, 440, 446-9, 450, 457, 479, 485, 486 Liskeard 85-6 Queenborough 316 Rutland 256, 314-16 petitions on Church, ('84-5) 33 & n.3, 46 privileges/liberties xxix, 4, 21—2, 54, 66—7, 357 arrest of, action against, members 165-6, 231-2, 327-8, 340-1, 348-50, 364-6, 370, 378, 391-2, 401-5, 479-80, 481-2 assault of members 407-9 committee 252, 256, 434-5 Fitzherbert 86-92, 153, 157-62, 164 and see Fitzherbert, Thomas free speech 97, 339, 377, 454 members (imprisoned) 68, 120—1 & n.6o4 Speaker's requests 180, 193, 222, 255, 262; (T)3O4~5 and see the Speakers subsidy 95-6, 98, 102 procedure 4-5, 69, 70, 88, 92, 94, 95, 97, 104, in, 117, 121, 124, 126, 127, 130, 132, 134, 139, 146, 149, 151, 152, 182, 232, 234, 236, 238, 240, 251-2, 252, 256, 314, 317, 319, 320-2, 324, 339, 342-4, 344, 346, 347, 400, 417-18, 428, 429, 448, 453-5, 457, 458, 462, 463, 471, 475, 476-7, 479, 488, 489 corn 130, 234, 235, 451-2 and see Bills, tillage Cornwall 376-7 dukes of 464 Council of North 474 Coventry 120 Cranbrook, Kent 120 Cumberland 354 and see Bills, bridges Denbighshire 256, 320-1, 346, 348 Denmark 94 depopulation 181, 230 and see Bills, tillage Devon 450 and see Bills, cloth (Devon), fustians, Severn Dover haven 149, 150, 461—2, 478 Dunkirk 431, 438, 443, 462

enclosures 181, 215-21, 230 and see Bills, tillage Essex 140 fairs 128 and see Bills, fairs, Sabbath Family of Love 474 flax 130 France 3, 9, 11-12, 16, 24-6, 56, 72, 74, 93, 94, 109, 180, 213, 232, 451 Harwich, Essex 324 heiresses 232 hemp 130 Herefordshire 235 Hindon, Wiltshire 322 & n.382 Hull 380 Hythe 322 Ireland 24, 72, 74, 93, 94, 201, 213, 232, 247, 265, 270, 276, 304, 311, 312, 320, 329, 331, 332, 366, 451, 460 iron mills see Bills, Cranbrook Jesuits 16, 34, 127, 192, 260, 401, 472, 473, 487 and see papists, recusants, seminary priests journals xi—xviii, xxv—vi, xxviii, xxix, xxx, 4—9, 10 and see Townshend, Hayward; Wilbraham, Roger justices of the peace 70, 127, 128, 145, 150, 1523, 156, 157, 174, 234, 253, 338, 362, 369, 416, 422-5, 426-7, 435, 456, 457, 458, 472, 484-5, 486, 492 King's Lynn 131, 380 Kinsale 247 Lancashire 460 League, Holy (the League) 73, 74 Leicester see Commons, elections Lincoln 131 and see Bills Llandofloure see Bills, Carmarthen county London 60, 92, 114-15, 134, 136-8, 240, 322, 342, 344, 464 and see Bills, building, London, Michaelmas, Painter Stainers, retailers Fishmongers 462-3 Mayor 467, 468, 470 Recorder see Drew, Edward Vintners 456 Lords, House of xxviii, 3, 9, 97, 122, 127, 132, 158, 160, 164, 165, 166, 167, 170, 182, 252, 366, 434, 446, 447, 449 conferences with Commons 124, 166 elections 446-9, 450, 457 Englefield's bill 148, 150 patents 449-50, 465-7, 470, 478 recusants, residence 151 recusants/sectaries 164-5, 166, 167-8 subsidy 54 & n.2, 88, 92-3, 95-6, 98-100, 101-2, 103, 104-5, 108, 116-17, 441 tellers/receivers 236

Index of bills messages from 88, 124, 170, 457 succession 68 Lords lieutenant 127, 174 Low Countries 12, 15, 62, 72, 74, 93, 105, 109, 138, 276, 279, 311, 312, 332, 438, 444, 45i, 464 Lowestoft 183 and see Bills, Yarmouth Lyme Regis 150 Melcombe Regis 352 & n.820 militia in, 173 monopolies xxvii, 180, 182-3, 203-4, 2 4 J , 242, 249, 250-1, 254, 255-6, 288-9 (& 292~3, 294-7), 31? & n.3O9, 362-3, 370-8, 380-2, 382-6, 386, 387-90, 392, 394-9, 400, 405-6, 407, (1)410-14, 428, 442, 454 and see Bills, patents and common law; patents and patentees navy/shipping 16, 26, 62, 74, 94, 109, 254, 431 and see Bills, navigation, navy, shipping Newcastle 106 Newfoundland 143, 461 Newtown, Isle of Wight, Hampshire 324 & n.4ii Norfolk 140 Northumberland 452 Norway 94 Norwich 352 and see Bills Dean and Chapter of 169, 170 Painter Stainers see Bills papists 17, 51, 73, 124, 474 and see Jesuits, recusants seminary priests pardon, general see Bills Parliament (Lords, Commons) 5, 182, 255 lawmaking 18, 52, 64, 75-6, 179, 183, 186, 199-200, 253, 254, 263, 264 (& 268, 269), 305, 308, 310, 312, 325-6 purpose 9-10, 14-19, 23-4, 52-3, 64, 71, 84, [79, 185-7, 241, 248, 251, 258, 263, 264 (& 268, 269) Pembrokeshire 415 piracy 429—31 Plasterers see Bills, Painter Stainers pluralities 252 and see Bills Plymouth 94, 150 and see Bills, mills poor 122, 273, 320, 428—9, 441, 452, 460, 489 Portsmouth 322 puritans 17, 39, 46, 474 purveyors 75, 131 Queenborough, Kent 316, 322

recusants 50-1, 69, 232, 317, 372, 474 and see Jesuits, papists, recusants, seminary priests; Bills, recusants/sectaries, recusants Rome (and Church of) 70, 71, 179, 192-3, 2656 (& 270-1), 487 Rutland see Commons, elections Rye 462 Sagebury see Bills, lands, conveyances and Sandes and Harris Sandwich, Kent 150, 430, 462 Scarborough 143 Scodand 3, 12, 17, 26-7, 56, 62, 72-3, 74, no Seaton, Devon 462 sectaries 180, 192 and see Barrowists, Brownists; Bills, recusants/sectaries seminary priests 34, 127, 401, 426, 487 and see Jesuits, papists, recusants sheriffs 70, 86, 91, 114, 320-1, 323-4 Shropshire 182, 234, 235, 472 soldiers 6, 122, 139-40, 176, 254, 428-9, 460, 470 and see Bills solicitors 305 and see Bills Southwark, Surrey 86, 103, 118, 314, 352 & n.820 Spain (and Spanish) xi, 12-13, 15-18, 94, 179, 180, 186, 201, 213-14, 232, 247, 259, 261, 265-6 (& 270-1), 278-9, 304(2), 310, 311, 329, 331, 332, 338, 366, 443, 444, 451, 487 subsidy (and taxation) 13, 18, 23—7, 54-7, 63-4, 74, 75, 92-4, 95-6, 98, 114-15, 120-1, 135, 148, 172-3, 179, 180(2), 180-1, 186-7, 194-6, 202, 248(2), 249, 252, 254(2), 255,

267 (& 271), 276, 310, 311, 335-7, 338-9, 346, 366, 394, 454, 456 and see Bills, Commons, committees succession 42—4, 68, 251 Taunton, Somerset 322 Teignmouth (Tynmouth), Devon 462 tillage 130, 181, 318, 436, 450-3 and see Bills

trade/commerce 111-12, 142 uses, charitable 441-2 and see Bills vagabonds (and rogues) 122, 131, 238, 440, 452, 489-90 Winchelsea, Sussex 462 Worcester 120 Yarmouth 183, 287 and see Bills, Yarmouth Yorkshire 474

INDEX OF BILLS 1584-5 Jesuits, seminary priests 426 J 593 abduction of women, benefit of

clergy 114 actions, real 120, 128 arrests 114, 127, 132, 134, 156 assize of bread 76, 100, 130, 147 Bonner, Edmund, deprivation

of 104, 124, 127, 130 brewers xv—vi, 156, 162, 166 building (London) 154, 155—6, 170 cables 166

499

5OO

Index of bills casks, export 144, 148, 164 clapboard 164 clergy, benefit of see abduction of women, sheep-stealing cloth, Devon kersies 128, 154, 164 cloth, Devon and market towns 114, 140, 147 cloth, export/transport 76 cloth, Somerset 85, 128, 134, 152 cloth, Worcester and Coventry 120, 126, 130 coal 146 Colchester haven and streets 134, H9 continuance xiii, 124, 130, 148, 149, 150, 152-3, 164 Cooke, Anthony xiii, 125, 128, 140, 146, 148, 149, 166 counterfeiting hands 104, 114, 120, 132, 156 Cranbrook iron mills 120, 166 Cumberland, Margaret, countess of xxix, 97, 100, 104, 122 Englefield, lands xii, xvii, xxix, 134, 140—1, 146, 150 fairs, and London 128 fines and recoveries 122 Humphrey, Lawrence, children 166 jurors and Westminster courts 117, 119 Knightley, lands xxix, 103-4, 114, 125, 127, 128, 132 larceny 5, 96, 128 letters patent and monastic lands 164, 166, 169-70, 172 Lincoln, letters patent 101, 120, 128, 132 livings, ecclesiastical 164 mills, Plymouth 131 Morice's bills 6, 40, 46, 52—3 oaths, unlawful 36—9, 40, 48, 76-7, 78-80, 83-5 imprisonment, unlawful 39, 40 naturalization 96, 100, 128, 149 navigation 98, 116 Neville, lands 128, 132, 142, 149 Ognell and Trusell 96, 128 ordnance 128—9 outlawry 5, 114, (?)i28, 129, 164 pardon, general 170, 172 perpetuities 114, 116 & n.543, 117-18 Perrot, Thomas 146, 149 Plumpton marsh 131

Raven, lands 104, 114, 121, 127, 132 recusants, residence (five mile) 122, 126-7, 130, 145, 151, 164 recusants/sectaries (due obedience) xiii, xvii, xxix, 4, 50-1; (An)69, 80-2, 122, 124, 128, 130, 154-5, 162, 164-5, 166-9, J 7 2 retailers, foreign xvii, 6, 85, 100, 134-9, 142-4, H5-6, 147-8, 176 Ridley 124 saltfish/herring 121, 126, 127, 128, 132, 174 sheep-stealing, benefit of clergy 85, 97-8, 119, 127 Sidney xxix, 96, 97, 104 Sidney Sussex College, Cambridge 131, 134 soldiers xvii, 5—6, 9, 10, 58—60; (An)i3O, 140, 144-5, 156, 157, 164, 166 spinners, weavers of yarn 116, 146, (?)i64 Stafford, Read 85, 101, 124, 127, 131, 132 Star Chamber suits 119-20, 132 Stonehouse, Devon 104, 152 subsidy xiii, xv, 5, 9, 58, 59, 82-3, 88, 92-3, 95-6, 98-100, 101-3, 104-13, 114-15, 116-17, 120-1, 122—4, 128, 139, 170, 173, i?4 subsidy, clerical 150, 152 Tintern wireworks 130, 149 Vaux of Harrowden 145, 146-7, 149, 164 weavers, wages (?)i54, 164

1597-8 bishops, deprivation 232 cloth, serges 236, 238 depopulation, enclosures and husbandry 230, 236, 239 fens 438 forestallers 233-4 herring 236 leases, episcopal 316 & n.294 market, clerk of 317 n.3O9 navigation 238 pardon, general 205, 238, 240, 241, 242 rogues 238—9 soldiers, abuses 238 subsidy 182, 194—6, 211 — 14, 232, 240, 241, 242 subsidy, clerical 242 tellers, receivers 236

tillage 181-2, 182, 215-21, 222-4; (T)23o, 233, 234-5 wills and lands 236-8 Wye, bridge 182, 223; (7)234, 235 ".96 Yarmouth/Lowestoft 239—40

1601 Adams, Theophilus 367, 467 administration, fraudulent of testators' goods 317, 344, 345 adultery 253, 360-1 alehouses 308, 308-9, 314, 318-19, 322, 391, 427-8, 435, 456-9 archdeacons' courts 354 arts and trades 463-5 auditors 488 bankrupts 477 Bedford, Lucy, countess of 367, 379, 418, 428, 478 bread 409, 488 bridges, river Eden, Cumberland 409, 428, 463, 479 captains, soldiers and mariners 474, 480, 483, 485 Carmarthen County (Llandofloure, Llanstiffan, Usterloys, Langham) 390, 400, 414 cattle stealing 364 Chester, fines 378, 393, 431 church attendance xxvii, 247, 252, 345-6, 363, 367-9, 400-1, 422-6, 437, 472-5 cloth, abuses (Somerset) 348, 36i cloth, dyeing and retailing 364, 400 cloth, 'true making' 384, 439, 450 cloth, 'true working and making' 471, (?)48i, 483 clothmaking, abuses (tenters) 342, 361-2, 382 continuance 320, 435-6, 440, 450-3, 459-62, 462-3, 478, 479 Cox and Dethick 439 currency 254, 335, 342, 366-7 curriers 428 debts, double payment 432-3, 441 denization (Lupo et al) 364, 432, 455, 477-8 denization (Millett et al) 254, 340, 345, 418 dice, false 488 Double Sole Green 421

Index of persons drunkenness 306, 317-18, 324, 328-9, 340, 427 embroiderers 361 engrossers, butter and cheese 344, 488 Exchequer 254, 335, 362, 370, 379-80, 394, 418, 478 Exeter churches 324, 340, 358 Eye and Dunsden, and manor of Sunning 386, 393, 432, 441 fens 382, 387, 414, 434, 438, (?)477 fuel (wood), assize 393, 439, 455, 479 fustians 434, 450 hats 348, 400, 414, 471 hemp, sowing of 254, 318 and see Bills, navy, cordage hides 393 horses 308, 318 and see Bills, parks hunting 253, 344, 359 idleness 414, 428 Kent, gavelkind 364, 450, 456 kersies 434, 479 Ketleby, Andrew 457, 472, 478, 483 lands, conveyances, Sandes and Harris (Gadgebury and Obden) 450, 462, 467, 471 leases, episcopal 306, 308, 316 livings, ecclesiastical, with cure 342, 364 London, brewers 378, 488 London, butchers and lambskins 345 London, clothworkers 345, 361, 477 London, hospitals 334, 354, 360, 382, 421, 479 London, and idle immigrants 341 London, Ludgate 438 London, mayor and St Katherine's 364, 434, 450, 480 London, poulterers 410 Lucas, Edward, lands and Edward Flowerdew 481, 483 maintenance of St

Bartholomew's etc see London, hospitals Markham, lands 342, 348, 382 Mayney, lands 378, 382, 418 merchants' assurances 318, 346, 439-40, 479 merchants and customs 334, 34i, 401 merchandise, loading/unloading 378 Michaelmas term 254, 340, 342-3 misdemeanours, lewd and idle persons 324, 328, 346, 362 Molineux, lands 354, 390 Mordaunt, lands 348, 428 navy, cordage 400 navy, maintenance/increase of mariners etc 474, 479 Neville, jointure 428, 437 Neville, lands 359, 364, 393-4 & n.i392, 410 northern parts, militia 354, 428, 440-1 & n.i954, 450 Norwich, tithes 359, 400 ordnance 254, 421, 442—6, 459, 460, 471, 482, 485-6, 488, 490 Lords bill 482 Painter Stainers 322, 390, 41819, 420-1, 467, 467-70, 471 pardon, general 273, 436, 488, 492, 493 parks, noblemen's etc and horses 392 and see Bills, horses patents/grants, to/from Queen, confirmation 342, 345, 361, 366, 449, 465-7 patents and common law (Hyde's) 363, 364, 370, 384 patents and patentees (Dyott's) 362-3 pedlars, chapmen etc 345 perjury xxi, 253, 359-6o, 394, 421, 434, 471 physicians 488 pluralities 344, 355-8, 386 poor relief 436, 463, 480, 482

prescription, limitation 364 printers 477 recusants, act of 1581 421 Rochdale 324 & n.4i9, 342, 418 Sabbath, fairs and markets 314, 319, 324-5, 367, 434, 439, 467, 470 Severn, haven in Devon 345, 378-9, 410, 450, 471 Seymour, Edward 344, 360, 378, 418 sheriffs and bailiffs, returns 252, 319, 434, 471 shifting, idle 334 & n.534 shipping and seafaring men 450 shop-books, debts 392, 394, 418, 419-20, 428 silk (weavers) 361, 455, 480 soldiers 461, 462, 470, 483 solicitors xxi, xxii, xxiii, xxiv, 254, 255, 334-5, 340, 361 spices, etc 355, 428, 467, 470, 471 subsidy xxx, 252, 254, 286-7, 337, 340, 366, 394, 400, 410, 436-7, 492, 493 and see subsidies subsidy, clerical 489 suits, trifling 361, 394, 410, 418 suits, trifling at Westminster 340, 342, 344 Sussex, countess of, jointure 410, 439, 449 swearing, blasphemous 322, 340, 364, 410, 415-16, 480 theft, petty 366 tillage 254 uses, charitable, monastic lands 392, 407, 435, 439, 441-2, 450, 471 Venables, Thomas and Rotherstone 421, 434 Waller/Dipden 482, 487, 487-8 watches, setting of 253, 324, 328, 367 watermen 421 weights and measures 254, 319— 20, 329, 421-2, 434, 465 Winchester (Paulet) xxiv, 326 writs of error 317, 344, 345

INDEX OF PERSONS (including principal officers) Aber see Abrey Abrey, William (woad) 390 & 11.1340 Albert, archduke 276, 279, 430 Alexander, Robert (aniseed) 390

Alva, duke of 280 Anderson, Edmund, Lord Chief Justice Common Pleas 0-A.'?) 169 Annesley, Brian (steel) 387

Ashley, John (forfeits on tree burning) 388 & n.i328 Ash ton, Richard 364 Aston see Ashton, Richard Attorney General see Coke,

501

502

Index of persons Edward; Egerton, Thomas Aubrey, William, Master of Requests 104, 323-4 Audley, John 86 & 0.249 Bacon, Francis xiii, xv, 5, 122, 132, 181, 254, 334, 408, 440, 441—2, 448, 450, 466 church attendance 400—1 continuance 130-1 debts 432 elections 347 Exchequer 362, 379 Fitzherbert case 158-9 lawmaking 75—6 laws 325-6 maimed soldiers 157 merchants 439-40 monopolies 372-3, 380, 382, 399, Star Chamber 132-4 subsidy 92, 93,109-10, 180, 181, 182, 211-14, 232 tillage 182, 230-1, 233, 451 weights and measures 319—20 Bacon, Nathaniel 7-8, 50, 82, 233 n.77 Bacon, Nicholas, Lord Keeper i?9, 352 Baker, John 327-8, 345 Barker, Edward (?) 287, 477 Barker, John (?) 287, 477 Barker, Robert (?) 287, 477 Barrington, Francis 286, 410 Bassano (Bassany), Arthur 390 Bassett, William, sheriff of Derbyshire 129, 130 Beale, Robert xiii, 95 Beaumont, Thomas 352 Beeston, Hugh 346, 419—20 Belgrave, George 430—1, 436, 440, 446, 447-8, 450, 457, 479, 485, 486 Bennet, John 249, 368-9, 374, 474 Berry, Robert 234 Bilson, Thomas, bishop of Winchester 240 Bineon, Roger (gigmills) 390 & n-1343 Bodley, Thomas 323 n.39O Bond, John 424, 427, 458-9, 472-3, 475, 476 Bourchier, Henry 88 & n.295 Bower, Robert 88 & n.295 Bowes, Jerome (glass) 387, 389 Bowes, Talbot 88 & n.295 Bowes, William 88 & n.295 Bowser, Mr 88 & n.295 Bowyer, Edmund 88 & n.295 Bowyer, Robert 476, 488

Boys, John 316, 361, 418, 437, 456, 461, 466 Breton, Thomas 402 Brograve, John 134, 140, 141, 158, 164, 167, 168, 169 Bromley, Henry 68 Brooke, George 463 Brooke, Henry, lord Cobham 463 Brooke, William, lord Cobham 150 Brown, Stephen 351—2 Browne, John 365 & n.ioio, 369, 403, 427, 428, 444, 471-2 Browne, Richard 344, 457, 478, 489-90 Broughton, Richard 88, 122 & n.i67, 153, 154 Burgh, Thomas, lord Burgh 27 & n.7 Bye, Richard 364 Caesar, Julius 409-10 Campion (Champion), Edmund 265 Canterbury, archbishop of see Whitfgift, John Carew, George (?) 369, 444, 448, 459 Carew, Dr (? Matthew, Master in Chancery) 88, 150, 435, 440-1, 449, 470, 474, 488 Carey, Edmund 315 & n.27O, 317, 444, 448, 459 Carey, George 93—4 Carr, William (beer export) 388 Carter, William (flax / hemp) 388 Cecil, Robert 7, 148, 226, 228, 254, 256, 291, 300, 314, 366, 391 n.i366, 403, 429, 454, 460, 471, 476-7, 478, 483, 486, 488, Denbighshire 320—1, 322, 346, 347-8 Dover 478 Egerton's speech (1601) 299, 310-13 Michaelmas term 342—3 monopolies 255, 364, 385-6, 386, 388-90, 392, 395-8, 400, 405—6, 407, 414 Morice 39, 42, 48, 79-80 ordnance 460 patents 465-6 piracy 431 poor (and rogues) 122 recusants/sectaries 152, 162, 167, 168 retailers 144, 147

soldiers 5, 10, 122, 130, 4289, 460, 470 Star Chamber 134 subsidy 71-3, 92, 95, 99-100, 102, 104, 105 & n.440, 107, 112-13, 116-17, 286, 328, 330-2, 335-7, 338 tillage 451-2, 453 Cecil, Thomas 105 & n.44o, no, 144, 162 Lord Burghley, Lord President 380 Cecil, William, Lord Burghley, Lord Treasurer 11 — 13, 68, 92, 125, 148, 151, 166, 169, 236 & n.H3, 408 Morice 40, 41 subsidy 3, 23-7, 92 Chambers, George and see Chandler, George 418 Chambers, James (tanning) 388 Chandler, George and see Chambers, George 345 Charles V, Emperor 23, 276, 280 Clerk of the Crown 61, 86, 174, 242, 322, 323, 324, 346, 347, 348, 350, 351, 352, 353, 354, 366, 435, 478, 492 Coke, Edward Speaker 1593 xvii, xviii, xxix, 4-5, 97, in, 129, 132, 134, 139, 142, 146, 149, 152-3, 154, 170 closing speeches 170—2 Fitzherbert case 6, 89—90, 129, 130, 159-62, (?)i76 Morice 35, 39—40, 48, 49; (An)8o, 83-5 messages (Queen's) 8, 52— 3; (An)83-5, 176 opening speeches 64-5, 66-7 recusants 124 returns (members) 103, 118-19, 130, 352 subsidy 95, 100, 103, 124 Attorney General from 1594 236, 249, 275-7, 340, 352, 372, 380, 436, 440, 446, 466, 470, 486 Clement VIII, Pope 12, 25, 26, 55, 84, 260, 265 & n.n (& 270), 304, 310, 312 Coningsby, Humphrey 150 & n.848 Coningsby, Richard 150 & n.848 Coningsby, Thomas 150 &

Index of persons 0.848, 182, 234, 235 Cooke, Richard 351 11.771 Cooke, William 327-8, 340, 345 Cornwallis, Thomas (games) 388, 390 Cotton, Robert xvi, xix, xxv Cradock, Francis 80—i, 132 Croft, Herbert 490 Croke, John (Recorder of London) xx, 6, 183, 238 Speaker 1601 305, 308, 317, 327, 339, 340, 344, 355, 358, 363, 364, 418, 425, 449, 453, 457, 475, 476, 485-6, 488, 492, 493 closing speeches 255, 2637, 268-72; (T)49i-2 election of 255, 282, 300, 302 elections, members 315, 315-16, 322, 346, 347, 348, 354 members, arrests 341, 365, 370, 403 messages 462 monopolies xxii, 249, 2889, 294, 394-5, 398, 406, 410-11, 420, 494 opening speeches 247-8, 255, 257-62, 283-5; (7)301-2, 302, 303-4 ordnance 490—1 Crompton, Thomas 356 Cromwell, Oliver 231 Cromwell, Thomas xi Crooke, Mr see Cooke, Richard Crosse, Robert 369 Curwin, Anthony 481—2 Dale. Matthew 256, 366, 378, 447, 476 Dale, Valentine 322 Dalton, James 4, 6, 8, 39, 46-7, 48, 76, 89, 124, 138, 156, 176 Damet, Thomas 287, 367 n.i032, 429—30, 431 Darcy, Edward (playing cards, steel) 388, 390 Darcy, Francis 328, 368 Davies, John 335, 342, 367, 383 n.i240, 384-5, 388, 392, 406, 418-19, 421, 428, 448, 467, 479-80 Dean, Dr David xv Deane, Thomas 402 Debden see Bills, Waller/Dipden Delabere, Richard 323 Derby, earl of see Stanley, Henry

Devereux, Robert, earl of Essex 40, 332, 395 D'Ewes, Simonds xv, xvi, xx, xxv, xxvi, xxvii, xxx, xxxi, 179, 252 Dodderidge, Mr, counsel 452-3 Donhault, (Downald) Gregory 238-9, 363-4, 377, 405 Donnington, Mr 232 & n.76 Dormer, Mr 452-3, 454 Doyley, Henry 353, 354, 355, 390, 426, 439, 465 Downald see Donhault Downes, Roger 418 Drake, Francis 94, 107, 148 Drake, Mr (pilchards) 391 n.i342 Drake, Richard (aqua vitae) 387, 390 Drew, Edward, Serjeant and Recorder of London 118, 132, 139, 144 Duckett, Lionel 477 Dunne, David 355-6 Dyer, Edward (tanners, forfeitures) 388, 397 Dymock, Edward xvi, 118, 138, 147, 150, 162 Dyott, Anthony 362-3, 363, 486 Eaton, Nicholas 345, 418 Eaton, Peter 345, 418 Edward VI see Bills, Seymour laws on Church 66 revenues 93 Egerton, Thomas (Attorney General) 88, 124, 174 Lord Keeper from 1596 189, 208, 229, 357, 493 r 597-8 opening speech xxvii, xxix-xxx, 179, 182, 185-7, r 93, 226(2) 1597—8 closing speech 241-2, 243, 376 1601 opening speech 254, 299, 300, 303, 304-5, 310, 310-12, 314, 334 1601 closing speech 248-9, 255, 273-4; (T)492, 493 1601 elections 320, 321 & n.369, 346-7, 348, 350, 352-3, 354, 366 Elizabeth I 7, 62-3, 71, 175, 179, 184, 225, 229, 240, 241, 242, 243, 298, 302, 303, 306 attitudes towards xi 1593 9, 14-5, 20, 35, 556, 74-5, 113, 121, 171-2 1597-8 180, 181, 185-6,

189-90, 192, 194, 197, 198, 199, 200, 201-3, 204-5, 206,

209,

211-12,

228 1601 247, 248, 257, 258, 259-62, 264, 264-5, 265, 266-7, 268-70, 271-2, 273, 283, 288, 304, 307, 312, 405, 406, 411, 458, 487, 491, 493-4 finances/revenues 15, 18, 56, 62, 74, 75, 82, 93, 109, 112, 114, 130, 135, 143, 173, !79> 181, 186-7, 194, 201-2, 211, 212, 236, 241, 304, 313, 330, 334, 339, 383, 384, 430, 431, 441, 442-3, 450, 456, 478 laws on Church 34, 46, 47, 70, 71-2, 162-3, 164, 169, 368-9, 421, 423, 472, 473 messages/commands 4, 8, 202, 40, 48, 52-3, 68, 76, 79, 80, 83-5, 288-9, 394-5, 400, 410 monopolies 372-8, 380-2, 384-6, 394-9, 400, 405-6, 407, 410-14 own attitudes/views 1593 8, 28-9, 53, 64, 1723, 173-4 1601 248-9, 249, 250-1, 255, 273, 273-4, 275-7, 278-9, 289, 290, 291 (& 292-3, 295-7); (1)304, 394-5, 396, 412-14, 495-6 plots against 17 & n.7 prerogative/power 4, 8, 30-1, 34, 36, 37, 41, 45, 46, 523, 68, 121, 76, 84-5, 168, 242, 254, 289-90, 357, 370-8, 380, 384-6, 386, 392, 395, 397, 443-4, 444, 445, 446, 447 speeches xxvi, xxx, 249 1593 10, 28-9; (An)173-4 1601 (30 Nov) xx, xxii, xxiii, xxiv, 249-51, 255, 289-91 (& 292-3, 2947); (T)4i2-i4; (App)495-6 1601 (closing) 275-7, (& 278-81) Eyer, Robert 344 & n.698 Fane Francis 393 n.i392, 394, 410 Fane, George 393 n.i392, 394, 410 Fane, Mary (Lady Mary

503

504

Index of persons Neville) 128, 394, 410 Ferrers, George xxvi, 87 & n.268, 328, 446-7 Fettiplace, Thomas 240, 341, 366, 400, 417, 438, 441, 442-4, 464, 477-8, 481, 489, 490 Finch, Henry 7-8, 39, 47, 48, 50, 78 & n.i82, 81-2 & n.2io, 87-8, 130, 138-9, 142, 149, 162, 163-4 Fitzherbert, Thomas xvii, xviii, 5, 6, 86-8, 88, 90-2, 12930, 153-4, 157-62, 164, 352 Fleetwood, Henry 404—5 & n.1536, 407-8 Fleetwood William, Serjeant 104, 122, 352 Fleming, Thomas, Solicitor General 236, 324, 344, 353-4, 38o, 446, 471 Flud (Flood), John see Lloyd, John Ford, Dr 124 Fortescue, John, Chancellor of the Exchequer 80, 210, 226, 366, 453 Dover 461-2, 462 Morice 42 ordnance 129 recusants/sectaries 166 subsidy 74-5, 82, 96, 107-8, 122 & n.i67; (1601) 286, 332-3 & n.5i6 Foxe, John 240, 417 Foxe, Simeon 240, 417 Fretchvile, Peter 421-2 Fuller, Nicholas 136-7, 145, 162, 167 Furner, Simon (lists etc) 387, 389 Garth, Richard 351, 352 Gates, Henry 352 Glascock, Edward 253, 309-10, 325, 328, 442, 474 justices of the peace 253, 415-16, 423, 425, 426, 483-5 Godolphin, Francis in, 123 & n.6i7 Gondi, Pierre de, cardinal and archbishop of Paris 26 Gorges, Arthur 112 & n.504, 338 Gorges, Ferdinando (pilchards?) 391 n.1342 Grantham, Francis 486 & n.243O Greville, Fulk 5, 102-3, 343-4, 348, 448

Grey (Gray), John 378 Grimston, Edward 150 Gundy, Cardinal see Gondi Hakewill, William 254, 381, 432-3, 444-5, 459, 479, 488, 490 Hall, Arthur 153, 408 Hammond see Hannam, Thomas Hannam, Thomas, Serjeant 118 Harding, Mr (saltpetre) 390 & n.i36i Hare, John 150, 462 Harrington, John 104, 314, 315 Harris, John 432 Harris, Thomas, Serjeant 6, 126, 176, 254(2), 308, 348, 441, 453, 466 adultery 253, 360 alehouses 253, 428 bastards 152-3 church attendance 438 debts 432 elections/privileges 158, 164, 314, 315, 446-7 forestallers 233-4 gavelkind 456 Ketleby's bill 457 Knightley's bill 125 monopolies 374 ordnance 446 perpetuities 117-18 pluralities 357 recusants/sectaries 168-9 rogues 238-9 subsidy 83, 107, 287, 338 tillage/husbandry 234, 239, 436 Waller's bill 487-8 Harris, Valentine (woad) 390 Hart, John 114-15 Hastings, Francis xvi, 104, 1056, 286, 322, 327, 330, 3467, 348, 350, 358, 377, 406, 416, 422, 426-7, 445, 447, 448, 473-4, 483, 486-7 Hastings, George, earl of Huntingdon 430-1, 436, 446, 447-8 Hatton, Christopher, Lord Chancellor 3 Haydon, Mr 407 Hayward (Heyward), Roland 382-3 Heale, Mr (steel) 390 Hele (Hole), John, Serjeant 81, 86, 109, 112, 235, 238, 338-9, 485 Heneage, Thomas (Treasurer of the Chamber, ViceChamberlain) xvii, 55 n.2,

61, 68, 140 Cumberland's bill 122 Englefield's lands 146, 150 recusants/sectaries 151-2, 162, 164-5, I(56, 167 Star Chamber 134 subsidy 98, 100, 101, 102, 104, 104-5, IQ8, no, 114, 122, 124 Henry IV of France 9, n, 12, 16, 24, 25, 74, 123, 180, 213, 232, 310, 332 Henry VIII laws on Church 34, 36, 41, 78 revenues 93 Henshaw, Thomas 232 & n.73, 328, 432 Herbert, John (Master of Requests, Secretary) 97, 104, 287, 299, 300, 332, 348, 352-3 & 0.833, 366, 418, 444 Hesketh, Thomas 287 Hickes, Michael 238 Hill, Mr, counsel 134, 136 Hitcham, Mr. counsel 390 Hobart, Henry 239-40, 367 n.io32 Hoby, Edward 124, 322, 330 & n.498, 331, 360, 364, 368, 391 n.1366, 479 elections/privileges 86, 314, 315, 316, 324, 327, 346, 348, 349-50, 350-2, 365, 378, 434-5, 436, 440, 447, 450, 457, 485 laws/lawmaking 308 monopolies 381 n.ngS, 410 Neville's bill 394 ordnance 442, 482 procedure 232, 330, 342, 343, 417, 437, 462, 476, 479 subsidy 211 & n.i Holcroft, Thomas 348, 402 Holland, Robert 407-8 Hone, Dr 386, 457, 487 Howard, Charles, lord Howard of EfFmgham, earl of Nottingham, Lord Admiral 40, 118-19, J 50, 225-6, 299 & n.i9, 300, 430 Howard, Henry, lord 249 Howard, Thomas, lord 466-7, 480 Hubbart see Hobart Hubberd, Edward 48-9, 126, 144-5 Huddleston, William 479-80, 481-2

Index of persons Humphrey, Lawrence 474 Hutton, Richard 86 Hyde, Lawrence 363, 364, 370, 374, 385-6, 406, 426, 446, 457 Isabella, Infanta 430 Jackman, Henry 182, 222-4 James, Francis 107, 123 & n.6i7, 324, 356-7 James I, and VI of Scotland xx, 12, 17, 62-3, 73, 94 Johnson, Robert 256, 286, 309, 317, 321, 348-9, 377, 378, 400, 404, 425-6, 435, 442, 451, 456, 463 Jones, Edward 477 and see (?) 361 & n.952, 400, 409, 418 Jones, Thomas 432 and see (?) 361 & n.952, 400, 409, 418 Jones, William 465 Kennall, Christopher 403, 404, 405 Kirk, Anthony 349 n.769 Kirle see Kirk Knewell, Henry 88 & n.293 Knightley, Richard 465 Knollys, Francis, Treasurer of the Household 39, 47, 76, 104 Knollys, William, Comptroller of the Household from 1596 226, 232, 291, 299, 300, 310, 343, 391 n.i366, 414, 418, 441, 453, 454-5, 476 church attendance 424 Dover haven 462 & n.22O2 election of Speaker (1597) 208, 210; (T)226-7, 228; (1601) 284; (T)3oo, 301, 302 elections 315, 486 hemp 318 monopolies 406, 410 navy and cordage 400 ordnance 446, 459-60 subsidy 287, 332 Knyvet, Henry 94, 176 privileges 88 & n.293, 98 subsidy 82-3, 105 Knyvet, Thomas 231-2 Langton, Thomas, baron of Walton 364 & n.iooi Lashbrook, Lewis 344 & n.7OO Legge, John 97, 104 Legh, Peter (?) 300 & n.45, 310 Leigh, Francis (?) 300 & n.45, 3io Leveson, John 417 Lewin, William 7, 39, 47, 48,

77, 124, 162 Lewis, William 86, 111-12, 121, 122, 126, 163 n.929 Lewknor, Edward 121 and see (?) 240 Lewknor, Lewis (?) 240 Lewknor, Richard (?) 240 Leytbourne (Lightbourne?), John 165 Lithe (Lyffe), Richard 420-1, 43i LLoyd, John (Flud, John) 320, 321 n.36o Lok, Henry (?) 356 Lok, Zachariah 379, 432 and see (?) 356 Lord Admiral 155-6, 379 and see Howard, Charles Lord Chief Justice see Popham, John Lord Keeper 90, 120, 158, 346, 484 and see Bacon, Nicholas; Egerton, Thomas; Puckering, John Lord Treasurer see Cecil, William; Sackville, Thomas Lupo, Joseph 364 Macherles see Mackerells Mackerells, William 403, 404, 405 Man, Edward 88 & n.290 Manwood, Peter 151 n.847 Manwood, Chief Baron of the Exchequer 317 & njoo Martin, Anthony (tin?) 389 n.i334 Martin, Richard 340, 358, 368, 375-6, 376, 380, 386, 388, 425, 427, 430-1, 453, 454, 455, 459 Mary Stuart 23, 251 Mary Tudor 24, 138 revenues 93, 232 Massinger, Richard 429, 462 Matthew(s), Anthony, surgeon 479-80, 481-2 Matthews, Elizabeth (blubber) 387 and (?) 390 (liver, fish) Matynes see Matthews, Elizabeth Maurice, William 370, 402, 403 Maynard, Henry 150, 255, 333, 408 Mekyns, Henry (sulphur, brimstone) 389 n.i325 Mildmay, Thomas 125, 148 Mildmay, Walter 150 Millett, William 345, 418 Montagu, Edward 287 & n.5, 427 n.i788, 428, 429 Montagu, Henry 287, 339, 366-

7, 374, 386, 427 n.i788, 466 Montagu, Sidney 427 n.i788 Moone, Mr 88 & n.290 Moore, Francis, counsel to City of London 409, 466; and see (?) 231 & n.67, alehouses (?) 458 & n.2i57 church attendance 368 continuance 478 Kent 456 London hospitals 421 London Vintners 456 monopolies 374-5, 398-9 patents 342, 361 pluralities 386 privileges/liberties 365, 370 retailers 134-6 rogues 490 Seymour 378 soldiers 461 subsidy 337 More, George 314, 467, 423—4 and see (?) 231 n.67 alehouses 458 church attendance 368 cloth 361—2 drunken behaviour 309 elections 321 n.369, 346, 352, 446 Fitzherbert (?) 88 & n.29o horses 308 London, idle immigrants 341 monopolies 376, 399, 406 ordnance 445 pluralities 356 privileges/arrests 350 rogues 490 subsidy 286 watches 324 More, William 93 Morgan, Edmund 391, 401, 403, 404 Morice, James xvii, xxviii, 4, 5, 6, 7, 8-9, 47, 77, 80, 83-5 speech 30—42, 45-6, 52-3; (An)76 Wentworth 42—4 Morley, Thomas (songs) 390 Morrys see Maurice, William Moxsen, Thomas 364 Muskett, William 364, 365 Neale, Francis 165-6 Neale, J. E. xi, xvi, xxviii, xxix, xxx-i, 3, 6, 9, 10, 29 n.i4, 180, 182, 233 n.78, 248, 249, 249-50, 251, 252, 255 Neville, Henry (ordnance) 387 Newman, George 450 Nichols, Mr, counsel 463

505

506

Index of persons Noel, Andrew 314, 315 Noell (Nowell), Henry (stone pots, bottles) 387, 389 Norden, John (Speculum Brittaniae) 389 Norfolk (Thomas Howard), duke of 276 North, John 118 Northumberland (Thomas Percy), earl of 276, 280 Norton, Bonham (law books) 390 Onslow, Mr (steel) 397 Onslow, Fulk, Clerk of the Commons xxvii, 348, 350, 370, 487, 488 and see 68, 157, 229, 351, 352, 488, 492-3 Osborne, John 362, 379 Owen, George 414—15 Owen, Roger 358, 402-3, 405, 422, 437-8, 472 Packington, John (starch) 388, 390 Palmer, Andrew xvii, 142 Parkins, Christopher 401 Parma, Alexander Farnese, duke of 12, 16, 62, 74 Parry, William 316, 322, 408, 426 Paulet, William, marquess of Winchester 326 Peake, Edward 151 n.847, 430, 462 Pemberton, Goddard 392, 401, 403, 404 Pemmerton see Pemberton Penruddock, Robert 6 Perrot, John 146 and see Bills, Perrot Phelips, Edward 81, 286 & n.2, 331 & n.492, 392, 402, 427, 435, 441, 442, 466 Phettiplace see Fettiplace Philip II of Spain 3, 11-12, 1518, 23, 24-6, 55, 62, 66, 71, 72, 74, 82, 84, 94, 107, 143, 174, 247, 275, 275-6, 279, 280-1, 311, 312 Philip HI of Spain 276, 281, 310, 311 332, 336 Philipps, John 286 & n.2, 331 & n.492, 392, 415 Philipps, Morgan 414 Philipps, William 414 Pisany, Vivonne, Jean de, marquis de 26 Pius V, Pope 265 n.n (and 270) Pole, Mr 122, 150

Pollard, A.F. xviii, xix nn.24, 25, xx, xxi, xxiv, xxv Pope (Rome) 16, 20, 21, 23, 66, 70, 71, 72, 84, 124, 186, 193, 201, 259, 260-1 Pope, Anne 345, 418 Popham, John, Lord Chief Justice 308, 427 Privy Council(lors) 4, 8 1593 48, 62, 69, 70, 80, 95, 121, 140, 166, 168, 172 1597-8 211 1601 247, 255, 282, 289, 294, 301, 302, 330, 338, 355, 361-2, 371, 384, 395, 396, 399, 4H, 420, 437, 452, 458, 491, 492 and see individuals' entries Proud, Mr, counsel 134, 136 Puckering, John, Lord Keeper 1591—6 xiii, xxix, n, n.i, 103, 118, 130, 132, 133, 161, 174, 352 closing speeches 10, 28, 172-3 Morice 40, 41, 48, 52-3, opening speeches xxviii, 3-4, 7, 14-22, 23; (An)62, 65-6, 67-8, 71, 75, 84-5, 157 succession 68 Speaker 321, 322-3 Pym, Alexander 322 Questor, Margery 364 Questor, Mr 477-8 and see (?) 365, n.997 Quirk, James 140 Ralegh, Walter xii, 55 n.2, 254, 331 n.498, 377, 455, 476, 477, 478, 483 alehouses 427 church attendance 475 Dover haven 462 hemp 318 monopolies 374, 376-7, 464; (wines) 388 ordnance 444 recusants/sectaries 162—3 retailers 142-3 shop-books 418 soldiers 144 subsidy 83, 94, 100, 101-2, 106, no, 255, 287, 329-30, 330, 338 tillage 45i, 453 Ravenscroft, William 429, 486 Reynell, Carew 422 & n.i74i Robertes, James (almanacks) 388 Robinson, Mr 340-1 & n.653

Rosne, de, Savigny Chretien de (Marshal) 73 Sackville, Thomas, Lord Buckhurst, Lord Treasurer from 1599 40, 41, 68, 465, 476 St John, Oliver 101 Salusbury, John 320 Sandys, Edwin 88 & n.296 Sandys, Miles 88 & n.296, 124 & n.62i, 162 Saville, Henry 250, 251 Selby, William 452 & n.2i05 Sfondrato, Ercole 17 n. 3 Sharpe, Robert (gold rings) 388 Shirley, Thomas 169 Sidney, William 96 and see Bills Singer, Henry (school books) 390 Sixtus V, Pope 265 n.n (& 270), 313 n.243 Skipwith, Edward 447—8 & n.205o Skipwith, William 447-8 & n.2O5o, 488 Smith, William (hides) 390 Snagg, Thomas, Serjeant 104 Snigge, George 237, 377, 464, 471 Soame, Stephen 360, 467, 480-1 Solicitor General see Coke, Edward; Fleming Thomas Speaker 247 role 4, 88, 159, 256, 314, 316, 321, 322-3, 475, 477 and see Coke, Edward; Croke, John; Yelverton, Christopher Spicer, William 370-2, 384, 419, 457, 474 Spilman, John (paper) 388 Stafford, Edward 82, 106, 348, 366, 483 Stanhope, Dr (Edward?) 386, 440-1, 449, 457, 488 Stanhope, Edward 249, 321, 322, 348, 380 Stanhope, John, ViceChamberlain from 1601 284, 301 see also (?) 169-70 Stanhope, Michael (wool) 388, 390 Stanley, Henry, earl of Derby, Lord Steward 61-2, 90 Starkey, Ralph xx Stephens, Richard 7, 42—3, 47, 68-9, 78 & n.iSo Stepneth, Alban 349 n.769, 414

Index of persons Stepney see Stepneth Stevenson, Richard 88, 117, 176 Swayne, Richard 446, 461 Symnell, Richard 382, 436-7 Tanfield, Lawrence 89 Tasburgh, Thomas 88, 117 Tate, Francis 352, 401-2, 406, 407, 417-18, 418, 431-2, 436, 447 Taylor, Nicholas 345 and see Tooley, Nicholas Tichborne, Benjamin 82 Tooley, Nicholas 418 and see Taylor, Nicholas Topcliffe, Richard xiii, 129, 130 Townshend, Hayward xi—xii, xvii, xviii-xxviii, xxx, 179, 180, 182-3, 247, 248, 249, 251-6, 466-7 speeches 334~5, 359~6o, 381-2, 434, 464, 467-70, 485 and see journals for 1597-8, 1601 Trevor, Richard 320 Twysden, Roger xxvii, xxviii Twysden, William, journal xxvii—xxviii Unton, Henry 9, 54-7; (An)93~ 4, 98-9, 102, 106; 346 & n.730 Unton, John (recte Henry?) 152 Vane see Fane Vaughan, Owen 320-1 Vice-Chamberlain see Heneage, Thomas; Stanhope, John Waad (Wade), William (sulphur, brimstone) 388

Waldegrave, William 125, 148 Walmesley, Thomas, judge 169 Walsh (Wealsh), Thomas 68 & n.87 Waterhouse, David 349, 357 Watkyns, William (almanacks) 388 Welche, Richard (Tacitus' History) 388 Wellin (Weblin?), Weston 165 Wentworth, Peter xv, xxvi, 42— 4, 68-9 Westmorland, (Charles Neville), earl of 276, 280 Westphaling, Herbert, bishop of Hereford xxx, 180-1, 194-6 Whitgift, John, archbishop of Canterbury 6, 7, 8, 33 n.3, 49 n.6, 169, 240 Wight, Thomas (lawbooks) 390 Wilbraham, Roger, journal xxvii, 10, 249 & nn.4—6, 250 Wilkes, Thomas 380 Winch, Humphrey 159, 437-8 Winchester, bishop of see Bilson, Thomas Windebank, Thomas (forfeitures on tree burning) 389 n.i328 Wingfield, Robert 254, 337-8, 376, 378, 379, 382, 392 & n.1388, 399, 438, 459, 487, 488 Wiseman, William 255, 286,

308, 314, 317-18, 329, 330, 343, 350, 417, 449, 458, 459, 480, 489, 490 Wolley, John, Latin secretary 6, 39, 46, 73-4, 76, 98, 102, 123, & n.6i7, 132, 136 Wotton, Dr Nicholas 43 Wray, Christopher (Speaker I57i) 352 Wray, William 368 Wroth, Robert 127, 153, 176, 238, 240, 314, 320, 328, 417, 418, 425, 428, 434, 436, 448, 489 alehouses 456, 458 church attendance 345, 475 Fitzherbert 86 & n.262 members 5 monopolies 249, 377, 380-1 Morice 80 ordnance 460 recusants 82, 165, 166 subsidy 120-1, 286, 330, 337 Yelverton, Christopher (Serjeant) 85-6, 86, 449, 487 Speaker 1597-8 xxix-xxx, 235, 236, 240, 240-1, 242, 250 closing speeches 182, 197207; (T)24i election 187, 226-7 opening speeches 179-80, 181, 182, 188-93, 20810; (T)227-8, 229 Young, James 17 n.2

507

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