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me to be your Mouth or Speaker, should proceed, I am utterly 1597. ignorant. If from my merits, strange it were that so few deserts A. R. should purchase, suddenly, so great an honour. Nor from my ability doth this your choice proceed; for well known it is to a great number in this place now assembled, that my Estate is nothing correspondent for the maintenance of this dignity; for my Father, dying, left me a younger brother, and nothing to me but my bare annuity. Then growing to Man's Estate and some small practice of the Law, I took a wife, by whom I have had many Children, the keeping of us all being a great impoverishment to my Estate, and the daily living of us all nothing but my daily industry. Neither from my Person, nor nature, doth this choice arise; for he that supplieth this Place ought to be a Man big and comely, stately and well spoken, his voice great, his courage majestical, his nature haughty, and his purse plentiful and heavy: but contrarily, the stature of my body is small, myself not so well spoken, my voice low, my carriage Lawyer-like, and of the common fashion, my nature soft and bashful, my purse thin, light, and never yet plentiful. Wherefore, I now see the only cause of this choice is, a gracious and favorable censure of your good and undeserved opinions of ine. But I most humbly beseech you, recall this your sudden election, &c. &c."

According to the custom of the later Protestant Parliaments, the Speaker then reads the following Prayer, which he had made, to be read by him every morning during the Session.

"O Eternal God, Lord of Heaven and Earth, the great and mighty Counsellor, we thy poor Servants, assembled before thee, in this honourable Senate, humbly acknowledge our great and manifold sins and imperfections, and thereby our unworthiness to receive any grace and assistance from Thee; yet, most Merciful Father, since, by thy Providence, we are called from all parts of the Land to this famous Council of Parliament, to advise of those things which concern thy glory, the good of thy Church, the prosperity of our Prince, and the weal of her People, we most entirely beseech Thee, that pardoning all our sins in the blood of thy Son, Jesus Christ, it would please Thee, by the brightness of thy Spirit, to expel darkness and vanity from our minds, and partiality from our speeches; and grant unto us such wisdom and integrity of Heart as becometh the Servants of Jesus Christ, the Subjects of a gracious Prince, and Members of this honourable House. Let us not, O Lord, who are met together for the public good of the whole Land, be more careless and remiss than we use to be in our own private causes. Give grace, we beseech Thee, that every one of us may labour to shew a good conscience to thy Majesty, a good zeal to thy word, and a loyal heart to our Prince, and a Christian love to our Country and Commonwealth. O Lord, so unite and conjoin the hearts of her excellent Majesty and this whole Assembly, as they may be a three-fold cord not easily broken; giving strength to such Godly Laws as be already enacted, that they may be the better executed, and enacting such as be farther requisite for the bridling of the wicked, and the encouragement unto the godly and well affected Subjects, that so thy great blessing may be continued towards us, and thy grievous judgements turned from us. And that only for Christ Jesus sake, our most glorious and only Mediator and Advocate, to whom, with thy blessed Majesty, and the Holy Ghost, be given all

1597.

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1601.

A. R.

43

honor and praise, power and dominion, from this time forth for

ever more.

Nov. 8. Mr. Francis Hastings moves, "for the Abridgment and Reforming the excessive number of superfluous and burthensome Penal Laws," and a Committee is appointed to consider a Bill for that purpose.

Nov. 15. The Chancellor of the Exchequer moves for a Supply. A Committee is appointed, and a Bill for a Grant of Three Subsidies and Six Fifteenths and Tenths, passes the House, on the 14th Dec., when it is sent up to the Lords.

Dec. 20. The House is adjourned to Jan. 11.

Feb. 9. The Queen comes to the House of Lords in the afternoon, and the Commons being summoned, the Speaker, after three Reverences to her Majesty, addresses her in his usual Speech. The Lord Keeper replies. The Royal Assent is given to 15 Private and 28 Public Acts, and the Parliament is dissolved. (p)

Oct. 27. A Parliament (X.) meets at Westminster.

Writs are issued to Thomas Egerton, Knight, Keeper of the Great Seal, to 16 Earls, 2 Viscounts, and 33 Barons (Chivalers.) The Queen and Lords Spiritual and Temporal being assembled in the Upper House, and the Commons having received notice to attend, they arrive too late. The Door is shut against them, till the Lord Keeper had finished his Speech. Much discontented they return back, and one of the Barons of the Cinque Ports addresses Mr. Comptroller of the Household, telling him the wrongs done to the Members, and humbly desiring that the reason thereof may be imparted for their satisfaction. Mr. Comptroller, answers that he thinks the request reasonable and meet, and that it shall be done at a convenient time, imputing at the same time the fault wholly to the Gentleman Usher of the Upper Chamber.

October 30. The Commons present John Crooke, Esq., Recorder of London, for their Speaker, who makes his usual Speech and is answered by the Lord Keeper, partly to the following effect: "For Liberties to yourselves and Persons, her Majesty ever intendeth to preserve the Liberties of the House, and granteth freedom even unto the meanest Member: But her Majesty's pleasure is, you should not maintain and keep with you notorious persons either for life or behaviour, and desperate Debtors who never come abroad, fearing Laws, but at these times; Pettifoggers and Vipers of the Commonwealth; prolling and common Solicitors, that set dissention between man and man; and men of the like condition to these. These her Majesty earnestly wisheth a Law may be made against; as also that no Member of this Parliament would entertain or bolster up any man of the like humour or quality, on pain of her Highness's displeasure." She willeth you, also, not to make new and idle Laws, and trouble the House with them, but rather look to the abridging and repealing of divers obsolete and superfluous Statutes."

Nov. 3. Mr. Secretary Cecil recapitulates the Heads of the Lord Keeper's first Speech, and a Committee is appointed to certify to the House what were the most important matters which they had to handle.

(p) Dugdale. P. H.IV., 403-420.

Nov. 4. Another Committee is appointed to regulate Elec- 1601. tions and Returns.

Nov. 5. Sir Robert Cecil moves the House, "To have their Opinions, in that there wanted a Chief Member, a Knight for Denbighshire, in conequence of a great riot and disturbance on the County Court Day, so that the Sheriff had it not in his power to execute the Writ; and he thought it fit, Mr. Speaker should attend my Lord Keeper therein.

Sir Edward Hobby. The motion is good, but the form not fitting the state of this House. Mr. Speaker shall attend my Lord Keeper-attend? The Speaker is the Mouth of the whole Realm; and that the whole State of the Commonalty should attend one Person, I see no reason.

Mr. Speaker. The order of the House is, "That a Warrant must go from the Speaker to the Clerk of the Crown, who is to inform the Lord Keeper, and then to make a new Writ,"

Nov. 7. A Committee on the Subsidy sits.

Sir Walter Raleigh speaking low-Sir Edward Hobby says, we cannot hear you speak out. You should speak standing, that so the House may hear you better.

Sir Walter Raleigh. "Being a Committee, he might speak either sitting or standing;" and so he repeats his Speech.

Mr. Secretary Cecil. Because it is an argument of more reverence, I choose to speak standing.

Nov. 9. A Bill is brought in to repress the multitude of Common Solicitors, who set dissensions betwixt man and man, and like a snake cut in pieces, crawl together to join themselves again, to stir up evil spirits of dissension.

The subject of the Supply is again debated.

Serjeant Heyle. "Mr. Speaker, I marvel much that the House will stand upon granting a Subsidy, or the time of payment, when all we have is her Majesty's; and she may lawfully, at her pleasure, take it from us. Yea, she hath as much right to all our Lands and Goods, as to any Revenue of her Crown." All the House hem, and laugh, and talk. "Well, all your hemming shall not put me out of countenance."

Mr. Speaker. It is a great disorder that this should be used; for it is the ancient use for every man to be silent when any one speaketh; and he that is speaking should be suffered to deliver his mind without interruption.

The Serjeant proceeds; but as the House hems again, he is obliged to sit down.

Mr. Montague. Although her Majesty requires this at our hands, it is in us to give, not in her to exact of duty.

Bills against Pluralities of Benefices, the Sin of Adultery, and against Monopolies, are read.

The last subject produces much debate and confusion.

Mr. Secretary Cecil. "I have been a Member of this House in six or seven Parliaments, yet never did I see the House in such confusion. I believe there never was, in any Parliament, a more tender point handled than the Liberty of the Subject. But that when any is discussing this point, he should be cried and coughed down, is more fit for a Grammar School than a Court of Parliament. I have been a Counsellor of State these twelve years, yet did I never know it subject to construction of levity and disorder. Much more ought we to be regardful in so great and grave an Assembly. We have had Speeches upon Speeches, without either order or discretion.

A. R. 43

1601.

A. R. 43

A. R.

44

Nov. 14. (Saturday.) In the Lords, a Case of Privilege occurs concerning the arrest of William Hogan, her Majesty's Ordinary Servant. The Clerk is ordered to shew Precedents touching Arrest of Persons Privileged by Parliament. Four Precedents are brought; 27th Elizabeth, Tuesday, December 10; 27th Elizabeth, Monday, December 7; 39th Elizabeth, November 26; 14th Elizabeth, June 30; as also 34th Henry VIII. Stay is made of the Proceedings, as requiring a fuller House, till Thursday, 19th.

Nov. 19. Ordered, in the Lords, the said Servant to enter into sufficient Bond for Satisfaction of his Debts, and thereupon to be discharged out of Prison and Execution. The UnderSheriff and others that did arrest or assist, are to appear before the Lords on Saturday the 21st.

Nov. 23. The Under-Sheriff is committed to the Fleet.

Nov. 25. After a debate of several days on the subject of Monopolies, the Speaker acquaints the House, by the Queen's Order, that the Monopolies shall be revoked. Upon which a Motion of Thanks is carried.

Nov. 30. The Speaker, and about "Seven Score of the Commons," are admitted to her Majesty, when, after Three Reverences, the Speaker addresses the Queen, who makes a long reply.

Dec. 2. (Wednesday.) In the Lords, the Earl of Shrewsbury claims Privilege for his Servant, who had been arrested and committed to Newgate.

Dec. 3. The Keeper of the Prison of Newgate having refused, notwithstanding an Order of the Lords, to bring the said Servant into the High Court of Parliament, he is committed to the Fleet.

An Order is made to search out Precedents, and that a Writ of Privilege of Parliament be issued by the Lord Keeper to the Sheriffs of London and Middlesex, to bring up the body of the said William Vaughan before the High Court of Parliament, To-morrow, at eight A. M.

Dec. 4. William Vaughan is brought into the Court by the Under-Sheriff, and is ordered to be discharged forthwith, and enter into a Bond for the amount of his Debt. Crayford, who had fraudulently and maliciously laid on the said William Vaughan divers Writs of Execution, &c., is ordered to be com mitted close Prisoner to the Fleet, and the Keeper of Newgate to be discharged.

Dec. 5. The Bill for granting Four Entire Subsidies, and Eight Fifteenths and Tenths, passes, and is concluded in the Lords on the 15th.

A Debate takes place on a Bill for resorting to Church.

Mr. Bond. I wish the Sabbath sanctified according to the precise rules of God's Commandments, but I wish that St. Augustin's Rule may be observed," Non jubendo, sed docendo; magis monendo, quam minando."

After many Speeches, the Bill is Committed.

Dec. 12. A further debate takes place on this Bill, and it is put to the Question; when the votes are, Ayes 105, Noes 106. The Speaker being called on to give his voice for the Bill, it grows a Question. whether he has a vote.

It is said by Sir Walter Raleigh, and confirmed by the Speaker, "That he was foreclosed of his voice by taking that place; and that he was to be indifferent to both Parties; and therefore, by order of the House, the Bill is lost."

Mr. Bowyer. I think it not lost for there hath been foul and 1601. great abuse. A gentleman who would vote according to his A. R. conscience, was pulled back.

Sir W. Raleigh. It is a small matter to pull one by the sleeve, for so I have done myself oftentimes. ("There was loud speech and stir in the House.")

Mr. Comptroller. It is a most intolerable disorder. I think it so heinous, that the offender (who had been named) deserves to answer it at the Bar of the House.

Mr. Secretary Cecil. I am sorry to see this disorder, and little do you know how this Parliament is taxed, I am sorry I cannot say slandered. I had hoped, as we began gravely and with judgement, we should have ended modestly and with discretion. The Noes were 106, the Ayes 105, the Speaker hath no voice; and, though I am sorry for it, the Bill is lost, and farewell to it.

Dec. 19. The Queen being in the Upper House, with the Lords Spiritual and Temporal in their Parliament Robes, between 2 and 3 o'clock, in the afternoon, the Commons receive notice, and attend with their Speaker, who makes a Speech and is answered by the Lord Keeper. The Queen then gives assent to 19 Public and 10 Private Acts, and the Parliament is dissolved.

During the Session, a Bill was read twice in the Lords and committed. When the Archbishop of Canterbury, Chairman of the Committee, returned the Bill to the House, with certain Amendments, they were twice read, and ordered to be engrossed. The Bishop of London, one of the Committee, offering to speak to the Bill, or to the Amendments, a Question was moved by the Earl of Nottingham, Lord Steward, "Whether it was agreeable to the good order and ancient custom of that House, that the said Bishop, being one of the Committee, and dissenting from the rest, might speak thereto upon the bringing in and

presenting the Amendments? It was carried, That any

Member of a Committee might speak in this case, either to the Body of the Bill, or to the Amendments, before they were engrossed." Order was given that this Resolution should be entered in the Journals, for clearing the same doubt, if it should happen to arise.

On the Third Reading, many objections being taken by the same Bishop and other Lords, the House is divided in opinion, whether the Bill should be put to the Question or not. Many Lords desire that any Defects may be rather reformed, than, by this question, put it to the hazard of being rejected. Another method is proposed, and the Question put, Whether the said Bill having been referred to a Committee, at the Second Reading, and by them returned with some Amendments, and thereupon ordered to be engrossed, might after the engrossing, and the Third Reading, be re-committed or no."

The numbers pro and con being equal; it was judged that the negative Part, who were against re-committing the said Bill should prevail; following, as the Lord Keeper said, the usual rule in Law, That when the Negatives and Affirmatives are equal, "Semper presumitur pro Negativo."

The Question being put, whether the Bill should pass or no? it was by the Majority rejected. (9)

(q) Dugdale. P. H. IV. 422-507. By the Lords' Journals, it appears that the whole business of the Session was trying complaints upon Breaches of Privilege, and

44