THE JOURNAL OF THE HOUSE OF COMMONS

In 1742 the House of Commons passed a resolution for printing its journals.  The first 28 volumes were printed in 1762 and reprinted in 1803.  See Great Britain. Parliament. House of Commons. Journals1 (1547-1628): 139-69. Selections below refer primarily to the Goodwin-Fortescue case. Items in [square brackets] are not in the original; items in {curly} brackets are in the original.  Page breaks are given in square brackets; for example, [139] indicates that the text may be found on page 139. Double-numbers separated by a slash indicate the end of one page and the beginning of the next on which the text may be found.


 [139]

 Lunæ, Martii 19°, 1603.

The First Session of the First Parliament of our most gracious Lord King James, begun and holden at Westminster, on Monday the Nineteenth Day of March, in the Years of his Highness’ Reign, of England, France, and Ireland, the First, and of Scotland, the Thirty-seventh; and there continued until the Seventh Day of July 1604, and then prorogued until the Seventh of February next following, &c.

Liceat Præfari

The first Frame of this earthly Body of a Chaos became a distinct Essence of Creatures. Man, the most noble by Nature, born to a Law, out of that gave Law to Others, and to himself. Hence Order, the Lustre of Nature, guided by a First Essence, put all Government into Form: First, in Two, who, by Procreation, according to the Rule of Power (increase and multiply) made a Family, with One Head; by Propagation, a Tribe, or Kindred, with One Elder, or Chief; by Multiplication, a Society, a Province, a Country, a Kingdom, with One or more Guides or Leaders, of Spirit, aptest, or, or Choice, fittest, to govern.
         This Division, sorting itself into Proprieties, fell, in Parts of Right, greater and smaller, to some Tribe, Kindred, or elective Change of Person. Vicissitudo rerum, the Herald of Time, doth warrant this to be the true Original Pedigree of Government; and, by a present Change, in our own Eyes, hath made the Demonstration more subject to our Sense, by our Loss of an excellent Princess, by our Gain of a Successor, for eminent Virtue, and Experience in Government, famous, and peerless; leading us, by a momentary Fear, to a better Sight of a permanent Happiness: The Taste and Comfort of which Happiness did first entertain us by his Majesty’s Entry in Peace, by his Passage with Acceptance, and by his Settling with Glory and Policy; wherein (his first Moving bearing some Resemblance of a new World) his first Care was, to re-create and renew his Laws, the Life of Government, by the Greatest Council of the Kingdom, the High Court of Parliament; . . . to be assembled at the City of Westminster, adjoining the City of London, the Metropolis, or Mother City, of the Kingdom. But, because these Cities, as likewise many Parts of the Land, were at that time, and long overspread with a dangerous Contagion, of Pestilence, the Summons of that Assembly was deferred until the One-and thirtieth of January, 1603, next following. At which time, the Heat of that great Sickness abating, his Majesty, by the Advice of his Council, gave Warrant, under his Signature, to the Lord Ellesmere, Lord Chancellor of England, to send forth Writs of Summons, directed to the Lords Spiritual and Temporal, and the Commons of the Kingdom; the Tenor of which Warrant followeth:

James, by the Grace of God, King of England . . . . To our trusty and well-beloved Counsellor, Thomas Lord Ellesmere, Our Chancellor of England, Greeting. Whereas We, by the Advice of our Council, for certain great and urgent Causes, concerning Us, the good Estate and Common Weal of this Our Realm, and of the Church of England, and for the good Order and Continuance of the same, have appointed and ordained a Parliament to be holden at Our City of Westminster, the Nineteenth Day of March next coming; in which Case divers and sundry Writs are to be directed forth under Our Great Seal of England, as well unto the Prelates, Bishops, and Nobility, of this Our Realm, as also for the Election of Knights, Citizens, and Burgesses, of the several Counties, Cities, and Borough Towns of the same, to be present at the said Parliament . . . ; Wherefore We will and command you, forthwith, upon the Receipt hereof, and by Warrant of the same, to cause such and so many Writs to be made, . . . as in like Cases hath been heretofore used and accustomed: . . . . [139/140]
        By virtue of this Warrant, and by the Lord Chancellor’s Direction, several Writs issued out of the High Court of Chancery.
         The Writ for the Choice of Knights, Citizens, and Burgesses, directed to the Sheriffs of every County, is in this Form:
         Jacobus, Dei Gratia . . . Die et Anno supradictis.
. . . . . . .

        This Return from every Sheriff was made into the Crown Office in the Chancery, and there filed; and from thence, in one authentic Book, the Names of all Knights, Citizens, Burgesses, and Barons of the Cinque Ports, certified to the Clerk of the Commons of Parliament.
         And upon the Nineteenth Day of March, the Day of Return mentioned in the aforesaid Writ of Summons, his Majesty, apparelled in his Parliament Robes, accompanied by Prince Henry his eldest Son, and Heir apparent, and attended with his Nobility, Officers, and Servants, in Robes of Scarlet, about Eleven a Clock in the Morning, passed in a Chariot of Estate from his Palace of Whitehall to the Abby of Westminster; where (according to former Custom) he heard a Sermon prepared by the Bishop of Duresme for that Time and Purpose.

. . . . . . . .

        In this mean time, the Right honourable the Earl of Nottingham, Lord High Admiral of England, . . . withdrew himself into the great Room, called the Court of Whitehall, or of Requests; where his Lordship, being attended by Sir George Coppyn, Knight, then Clerk of the Crown, and Raphe Ewens, Esquire, Clerk of the Commons House of Parliament, with the Rolls of such Names of the Commons, as were returned, his Lordship commanded a Crier to call them; and thereupon they came near, in a great Multitude (more than was ever seen on the First Day of a Parliament in any Man’s Memory) and answered to their Names: This done, the Lordship gave the Oath of Supremacy to sundry of this Assembly . . . . [the Oath of Supremacy is transcribed]

. . . . . . . . [140/141]

        This Day Knights and Burgesses returned (Three hundred, at least) were sworn, and took their Place in the House; and there expected some Message (as the Manner is) of his Majesty's Pleasure, for their Attendance in the Upper House: which, by some mistaking, being neglected, his Majesty begun and continued a long Speech, without the general Presence of the Commons.  This Error bred some Question, and was so urged, as his Majesty, being made acquainted with it, did afterwards excuse it, and recompense it with a Repetition of his speech the next Day, . . . .
         The Error was discovered to grow by the Intrusion of sundry Gentle- men, his Majesty's Servants, and others (no Members of Parliament) into the Higher House, during the time of this his Majesty's Speech, who were taken for the Commons; and thereby, his Majesty was induced to direct, his speech, as if the whole House of Commons had been present, and heard him.  Notwithstanding, at the last, Warning given to the Commons for their Attendance; who, coming up into his Majesty's Presence Chamber for that Day (called the Higher House of Parliament) after some Pause, and Attention to his Majesty's Speech, then falling towards the End, made their wonted Suit, for Leave to assemble themselves in their usual Place of Meeting, and to make choice of One from amongst themselves, to be their Mouth and Speaker upon all Occasions, during the Time of the Parliament.
        This being granted unto them, and Thursday following appointed for the Presenting of their said Speaker (being chosen) to his Majesty, they returned back to their said Place of Meeting; and Mr. Secretary Herbert (having attended the same Day in the Upper House, from the first Coming of his Majesty thither) made a brief Report of his Highness’ Speech there used; and, in Conclusion, made known to the House, that his Majesty was graciously pleased, they should, with all Liberty and Freedom, dispose themselves to the Choice of a Speaker: Wherein if he might presume to deliver his own Opinion, . . . he thought no Man more fit for that place and service than Sir Edward Phelips, his Majesty’s Servant at Law, and One of the Knights from Somersetshire, returned into this Parliament.
        Here, after some Silence, the Names of others were muttered; as of Sir Francis Hastings, Sir Henry Nevill, Sir Francis Bacon, Sir Edward Hobby, Sir Henry Mountague, the Recorder of London, and others; but the more general Voice ran upon Sir Edward Phelips; who thereupon stood up, and used some Speech to excuse and disable himself, . . . .
        But the House, notwithstanding his Excuse, . . . [selected him by acclamation as their Speaker] and by Two of the more eminent Members of the House, viz. Sir John Herbert and Sir Edward Stafford (leading him, as the Form is) place in the Chair, the ancient Seat of Speakers. Being set, after some Silence and Pause, he stood up, and uttered a gratulatory Speech of Form and Thanks, . . . .

[142] Die Jovis, 22° Martii, 1603.

This Day the Speaker Elect, with a great Number of the Commons, returned again to the usual Place, and did there repose themselves, until his Highness, being ascended his Royal Throne in the Upper House, did send unto them; which about Two a Clock in the Afternoon, he was pleased to do; and Mr. Speaker, with the rest of the Commons, coming into the King’s Presence, his Majesty took occasion to repeat the Effect of his former Speech delivered the first Day, with Excuse of the Mistaking upon Monday precedent.

. . . . . [the speech is transcribed into the Journal; thereafter follows the Speaker's speech in reply to James, ending with the following paragraphs:] [149] [I] here, upon the Knees of my Duty, in all Humility, do present to your gracious Consideration Five Petitions; the Benefit of Three whereof are peculiar to mine own Particular, the other Two to the Knights, Burgesses, and Members of the Lower House of Parliament.
         The first whereof is, That if, in Your gracious Eyes, Ears, or Judgment, during the Time of this mine Employment and Service I have, do, or shall, through my Imperfections (which already appear to Your Majesty to be too too many) either in Manner, Form, or Matter, neglect that which I ought to have performed, or err in that which I ought not to have done, that Your Majesty will be pleased, out of Your Clemency, rather to commiserate the same, than out of Your Justice therein to correct my unwilling committed Errors.
         Secondly, That if any, by private Information, endeavour to possess Your sacred Ears with Matter of Blemish or Detraction concerning my Course of Proceeding, that, Your gracious Censure thereof may be suspended, until, by Your Pleasure, I be called to my Trial and Your Judgment:  For that many things may be either miscarried or misconceived, in Causes of this Nature.
          Thirdly, That, as Occasion shall move, I may, by Your Royal Favour, be permitted Access to Your Princely Presence, in Places and Times convenient for such Negotiations, as the Duty of my Place shall require.
        Fourthly,**********

         To this the Lord Chancellor, the common Mouth of that great Presence, answered to this Effect, viz.**********
         The Petitions made before by Mr. Speaker were answered, and granted of Course:  And Mr. Speaker, with all submiss Reverence to his Majesty, taking leave, he, with the Commons, departed to their usual Place:  And there being assembled;
         The first Motion was made by Sir William Fleetwood, One of the Knights returned for the County of Buck on the Behalf of Sir Francis Goodwyne Knight, who, upon the first Writ of Summons, directed to the Sheriff of Buck' was elected the first Knight for that Shire: but, the Return of his Election being made, it was refused by the Clerk of the Crown, quia utlagatus:  And because Sir John Fortescue, upon a second Writ, elected, and entered in that Place; his Desire was, that this Return might be examined, and Sir Francis Goodwyne received as a Member of the House.  The House gave way to the Motion; and, for a more deliberate and judicial Proceeding, in a Case of Privilege, so important to the House, ordered, That the Serjeant (the proper Officer of the House) should give Warning to the Clerk of the Crown, to appear at the Bar, at Eight a Clock the next Morning, and to bring with him all the Writs of Summons, Indentures, and Returns of Elections for the County of Buck' made and returned for this Parliament:  And to give Warning also to Sir Francis Goodwyne to attend in Person; whom their Pleasure was to hear, ore tenus, deliver the State of his own Cause, and the Manner and Reasons of the Proceeding in the Election of the Knights of the Shire for that County.
         This being a Motion tending to Matter of Privilege, as seconded with another by Mr. Serjeant Shirley, touching an Arrest made the 15th of March last, the Day of his Majesty's solemn Entrance through London, and Four Days before the Sitting of the Parliament, upon the Body of Sir Thomas Shirley, elected One of the Burgesses for the Borough of Steyning in the County of Sussex, at the Suit of one Gyles Sympson, a Goldsmith, . . . and prayed, that the Body of the said Sir Thomas might be freed, according to the known Privilege of the House.
         Hereupon the House, in Affirmation of their own Privilege, assented, and Ordered, That a Warrant, according to the ancient Form, should be directed, under the Hand of Mr. Speaker, to the Clerk of the Crown, for the Granting of a Writ of Habeas Corpus to bring the Body of the said Sir Thomas into the House, upon Tuesday next, at Eight a Clock in the Morning.

. . . . . . . . [149/150]

         Sir George Moore, allowing these grave and advised Resolutions in point of Privilege, for the better Advancement thereof, and for a more deliberate and due Proceeding in these and the like Cases, best beseeming the Gravity and Honour of that Assembly, moved, that a select Committee might be appointed to consider of all Cases of Returns and Privileges, during the Time of Parliament
        This is an usual Motion in the Beginning of every Parliament.
        To this Purpose were named and appointed, all the Privy Council being Members of the House, Sir. Geo. Carew Vicechamberlain to the Queen, Sir Edw. Hobby, Sir Robert Wroth, Sir Tho. Fleming his Majesty’s Solicitor, Sir Edward Stafford, Sir Francis Bacon, Sir George Moore, Mr. Francis Moore, Mr. Martyn, Sir Francis [149/150] Hastings, Mr. John Hare, Mr. Lawrence Hyde, Sir John Hollice, Sir Henry Mountague, Sir Rob. Wingfield, Serjeant Snigg, Sir Lewis Lewknor, Sir Richard Mollineux, Mr. Hext, Sir Herbert Crofts, Sir Thomas Ridgeway, Sir John Luson, Sir Edward Grevill, Sir Tho. Holcroft, Mr. Serjeant Hobbart.
         The Authority committed unto them, was, to examine all Matters questionable touching Privileges and Returns, and to acquaint the House with their Proceedings, from time to time, so as Order might be taken according to the Occasion, and agreeable with ancient Custom and Precedent; and their first Meeting was appointed on Monday following, at Two a Clock in the Afternoon, in the Exchequer Chamber.

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Die Veneris, 23° Martii, 1603

This Day may be called Dies juridicus, the first Day of Business; the other were but of Form and Ceremony; yet ever usual and necessary, in respect of the Magnificence and State of such an Assembly. . . .

. . . . . .

        [151] Sir Geo. Coppyn Knight, Clerk of the Crown in the Chancery, this Day (according to former Order) being attended by the Serjeant to the House with his Mace, appeared at the Bar, and produced all the Writs of Summons, Indentures, and Returns, made of the Knights for Buckinghamshire for this Parliament; which were severally read by the Clerk of the House; and then the Clerk of the Crown commanded to retire to the Door:  And after, Sir Francis Goodwyn himself, whom is specially concerned, attending to know the Pleasure of the House, was called in, to deliver the State of his own Cause, Ore tenus; wherein he was heard at large; and commanded again to retire, until the House had determined what to do.
         In this mean time the whole Case was at large opened and argued, pro et contra, by sundry learned and grave Members of the House; and, after much Dispute, the Question was agreed upon and made:
         Quest.  Whether Sir F. Goodwyn were lawfully elected and returned One of the Knights for Buck', and ought to be admitted, and received as a Member of this House.
         Upon this Question, it was resolved in the Affirmative, That he was lawfully elected and returned; and, de jure, ought to be received.
         Hereupon the Clerk of the Crown was commanded to file the first Indenture of Return:  And Order was given, that Sir Francis should presently take the Oath of Supremacy [151/152] usual, and his Place in the House; which he did accordingly.

. . . . . . .

[Nothing in the Journals relevant to G-F at sessions held on Die Saturni, viz. 24° Martii, or Die Lunae, viz. 26° Martii.]

. . . . . . .

[154] Die Martis, viz. 27° Die Martii, 1604

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        [155] Sir Fr. Bacon maketh Report of the Conference Yesterday between the Lords and this House; where, he said, he was merely a Relator, no Actor; and said further, that the Lords, upon their first Meeting, desired the Committees of this House to make the Proposition.  Whereupon it was thought fit by the said Committee, not to mention any Objections, but only to shew, 1.  Their dutiful Respect in the Handling of the Matter:  And secondly, to open the Grief; adding some Cautions and Considerations to prevent Mistaking.
         The Grief was, That every Man's eldest Son or Heir (the dearest Thing he hath in the World) was, by Prerogative, warranted by the Laws of the Land, to be in Ward to the King for his Body and Lands; than which, they conceived (to a free Nation) nothing to be more grievous.
         But they esteemed it only  Grief, no Wrong; sithence it hath been patiently endured by our Ancestors, and by ourselves; and therefore they did press to offer it to the King's Grace, and not to his Justice.  They knew it concerned the King in Two Sorts:
         1. In his Revenue:
         2. And in Reward to his well-deserving Servants, and Officers of the Wards.
         That the Discharge of the Wardship of meane Lords was also to be thought on.--
         And concluded, that their Desire and Resolution was, not to proceed by way of Bill, but by way of Petition to his Majesty for Licence to treat, &c.
         Of the Lords, first, One answered that they had as much Feeling, as any, of the Burden; and that with a double Resepect, because their Families were planted in Honour.  That there was One other great Grievance, much complained of, in the Matter of Respect of Homage; wherein though the King were interested in honour and Profit, yet their Desire was, that it might be coupled in the Petition, with the Matter of Wardship, as growing upon that Root.
         It was affirmed by another Lord, that in the Matter of Respite of Homage, present Order was to be taken, by special Direction from his Majesty; and that for the Grievance of Purveyors, there was some Order taken already, and all convenient Means daily thought on, for Relief and Ease of the Subject:  But they knew this House did not intend to decry or dismiss the King of His Prerogative; and that this Grievance was to be reformed by Law, and not by Petition.
         Sir Francis continued his Report of another Lord's Speech, which (he said) he did but only report, not deliver as a Message. It contained Three Points:
         1. His Affection to the House of the Commons.
         2. His good wishes unto it.
         3. The great Benefits the King bringeth with him; as the Peace we have by him, and the Latitude and Prospect of that Peace.
        [155/156] That the King was born for us: -- That a People may be without a King; a King cannot be without a People.-- A Persuasion that the House would answer him in all good Correspondence:
         1. In Modesty, that our Desires be limited.
         2. In Plainness, that we lay ourselves open in the naked Truth of our hearts.
         3. In Order and Comeliness of Proceeding, which is the Band and Ornament of all Societies.
         The same Lord touched the Case of Sir Francis Goodwin, as a thing he had heard at large, but did not understand it; and therefore desired to know it more particularly from the House.
         Answer was made, that they had no Warrant from the House to speak of it.

. . . . . . . .

         Sir Edward Cook, his Majesty's Attorney General, and Mr. Doctor Hone, bring a Message from the Lords; expressing with what Acceptation their Lordships entertained their Motion Yesterday, not only for the Matter, being of very great Weight and Consequence, but especially for the Manner: Namely, That touching Wardship, they would not petition for Ease in it, as a Matter of Wrong, but of Grief; and pray to be relieved by Grace, and not by Justice.  And their Lordships, for Answer, were desirous, and moved at that time, to couple in the same Petition the Matter of Grievance of Respite of homage, which his Majesty, out of his gracious Favour and Love to his People, had himself taken Knowledge of.  And as they conceive it to be likely, that the Conference may continue between the two Houses, touching the said Matters; as they are very zealous of the Furtherance of their Purpose, so are they jealous of any Impediment that may breed Lett or Hindrance therein: Therefore they desire, for a more clear Proceeding and Removing of all Stumbling-blocks, that the former Committees may, in a second Conference to be had, have Authority to treat touching the Case of Sir Francis Goodwin the Knight for Buckinghamshire, first of all, before any other Matter were further proceeded in.
         A. The Answer to this Message (as in such Cases is, for the most part, usual) That they would return Answer by Messengers of their own.
         Upon this Message it was argued by some, That in no sort, they should give Account to the Lords of their Proceeding in the House; but that Mr. Speaker should, from the House, be a Suitor to his Majesty to have Access; and, as their common Mouth, give his Highness Satisfaction, by Direction from the House.  That now the Judgment of Sir Francis Goodwin's Case having passed the House, it could not, nor ought not, to be reversed by them.  A Precedent, Anno 27° Eliz. cited; where a Bill brought down from the Lords, upon the first Reading as rejected.  The Lords sent Messengers to demand a Reason of their Judgment.  It was denied to yield any Reason.
         This Argument brought forth this Question, which Mr. Speaker was ordered by the House presently to make; viz.
         Q. Whether they should confer With the Lords, touching the Case of Sir Francis Goodwin, the Knight for Buckinghamshire.
         And Resolved, That they should not.
         It was then considered, as fit to return some Answer to the Message from the Lords: and Mr. Secretary Herbert with some other of the Committees, were appointed to deliver to their Lordships from the House, That they did conceive, it did not stand with the Honour and Order of the House, to give Account of any of their Proceedings or Doings; but if their Lordships have any Purpose to confer for the Residue, that then they will be ready at such Time and Place, and with such Number, as their Lordships shall think meet.

. . . . . . . .

        Upon the last Message to the Lords, the Messengers return, That their Lordships would presently send Answer by Messengers of their own.
         Sir Edward Cooke, his Majesty's Attorney General, Mr. D. Carew, Mr. D. Hone, and Mr. Tyndall, delivered from the Lords, That their Lordships taking notice in particular of their Return of the Sheriff of Buck' and acquainting his Majesty with it, his Highness conceived himself engaged and touched in Honour, that there might be some Conference of it between the Two Houses; and to that End signified his Pleasure unto them, and by them to this House.
         Upon this Message, so extraordinary and unexpected, the House entered into some Consideration what were fit to be done; and resolved, That his Majesty might be moved for Access the next Day:  And afterwards they understood his Pleasure to be, That they should attend at Whitehall, at Eight a Clock the next Morning.  But, because the Time was then somewhat far spent, they ordered, That the House, with Mr. Speaker, should meet at Six a Clock the next Morning, in the House.
         Yet, afore their Rising, they thought fit to name a Committee to set down the Effect of that which Mr. Speaker was to deliver from the House to the King; viz. Sir Francis Bacon, Mr. Wentworth, Mr. Martin, Mr. Serjeant Snig, Sir Robert Wroth, Mr. Francis Moore, Sir Henry Mountague, Sir William Fleetwood, Mr. Fuller, Sir Edwyn Sandis, Sir Francis Hastings, Mr. Wiseman, Sir George Moore,  Sir Edward Hobby, Sir Robert Cotton, Sir Thomas Lake, Sir Oliver St. John, Sir Edward Stafford, Mr. Serjeant Tanfield, Mr. Serjeant Hubbard, Sir Robert Wingfield, Mr. Hide, Mr. Diet, Mr. Wynch, Mr. Antrobus, Mr. Serjeant Dodridge, Sir Roger Wilbraham, Mr. Solicitor, Sir Edward Tyrrell:  To meet at Four a Clock this Afternoon, at the Parliament Chamber in the Middle Temple.
 
 

Die Mercurii, viz. 28° Die Martii 1604.

Mr. Speaker with a great Number of the House, assembled at Six a Clock this Morning, with a Purpose to treat and resolve what should be delivered to his Majesty (being appointed to attend him the same Morning at Eight a Clock) touching the Reasons of their Proceeding in Sir Francis Goodwin's Case; but because the House was not then thought full enough for a Matter of that Consequence, they proceeded to the Reading of Bills.

. . . . . . . .

        [157] Upon Motion touching Mr. Speaker's Attendance on the King, a Committee was named to accompany him; viz. All the Privy Council being Members of the House, Sir George Carew, Vice-chamberlain to the Queen, Sir Francis Bacon, Mr. Serjeant Dodride, Sir Henry Mountague, Mr. Serjeant Hubbard, Mr. Serjeant Lee, Mr. Fuller, Mr. Hide, Mr. Francis Moore, Mr. Winch, Mr. Tate, Mr. Richard Martin, Mr. Serjeant Shirley, Mr. Serjeant Tanfield, Sir John Heigham, Sir Robert Oxenbridge, Sir William Fleetwood, Sir Edwin Sandis, Sir Robert Wroth, Sir Francis Fane, Sir Francis Hastings, Sir George Moore, Sir Edward Hobby, Sir Robert Wingfield, Sir Maurice Berkley, Sir Edward Tyrrell, Sir William Killerew, Sir Francis Popham, Mr. Francis Clyfford, Sir John Savill, Sir Thomas Waller, Sir William Lower, Mr. Nathaniell Bacon, Sir Richard Verney, Sir George Fane, Mr. Toby Mathew, Sir Thomas Ridgway, Mr. Edward Seymour, Sir William Burlacy, Sir Robert Moore, Sir Jonathan Trelancy, Sir Edward Denny, Sir George Fleetwood, Sir John Scott, Sir Herbert Crofts, Sir James Scudamore, Sir Jerome Horsey, Sir Edward Radcliffe, Sir Thomas Holcroft, Sir Anthony Rowse, Sir Henry Nevill, Sir Edward Mountaque, Sir Thomas Hobby, Sir Michael Sandis, Mr. Thomas Benson, Sir Thomas Walsinqham, Sir Francis Barrinton, Sir Robert Nappier, Sir Valentine Knightley, Sir George Carewe, Master of the Chancery, Sir Nich. Halswell, Sir John Thynne, Sir Thomas Freake, Sir Jerome Bowes, Sir Edward Herbert, Sir John Leveson, Mr. Dudley Carlton.

. . . . . . . . . .

     Mr. Speaker, together with these Committees, were this Day, at Eight a Clock in the Morning, appointed to attend his Majesty, and to relate the Reasons of the Proceeding of the House in Sir Francis Goodwin's Case: Where, upon Answer or Reply, such Lawyers, as be of the Committee, are to give their Assistance.

Die Jovis, viz. 29° Die Martii, 1604.

. . . . . . . . . .

        [158] Mr. Speaker relateth what he had delivered to the King, by Warrant from the House, the Day before, touching their Proceeding in Sir Francis Goodwin's Case; and his Majesty's Answer: Whereof, because Part was afterwards penned by select Committees, read in the House, and offered in Writing to the King, I have but touched the Heads, omitting many Circumstances.
         He said, he first delivered, 1. The Manner and Matter: 2. Then such Precedents, as had been vouched and stood upon: 3. He opened the Body of the Law for Election.
         The first Writ of Summons dated ultimo Januarii, before the Parliament: The Writ issued duly: The Liberty was free, by that Writ, to choose in pleno Comitatu: The Election was made according to that Writ, and the Indenture duly returned: and therefore adjudged by the House, that this first Election being good, the second was consequently void.
         For the Matter of Utlary against Sir Francis Goodwin, there was One prosecuted against him at the Suit of Johnson, 31 Eliz. for Sixty Pounds, and was laid and proceeded in the Hustings, London: Another at the Suit of one Hacker, for Sixteen Pounds, 39 Eliz.  That Sir Francis has since been chosen, admitted, and served as a Member of this House, in the several Parliaments holden 39 and 43 Eliz.
         That the Utlary remained in the Hustings; so as the Law could not take Notice of it, neither was it pleadable.
         1 Eliz. one Smyth was found utlawed, and privileged by the House.
         23 Eliz. one Vaughan utlawed, and, upon the Question, and Division of the House, privileged; being carried with the Difference of Six Voices.
         35 Eliz. Three Precedents vouched.
         Fits-Herbert: -- The Case not judged, but Opinions delivered.
         Mr. John Killigrew, having Fifty-two Utlaries returned against him, was admitted to serve in the House.
         Sir William Harecourt was found Eighteen times utlawed, and yet was admitted to serve.
         The Manner of the Election is limited by the Statute.
         The supposed Utlary 31 Eliz. against Sir Francis, was no Utlary at all; for wheresoever a  Man is sued, the Proclamation ought to go into the County where the Party dwelleth; or else the Utlary is not good.
         39 et 43 Eliz. the general Pardon is good for Utlaries against all, saving the Party at whose Suit.
         31 Eliz. it was Franciscus Goodwin generosus.
         39 Eliz. Franciscus Goodwin, Armiger.  The Sheriff is no Judge of the Utlary, neither could take notice it was the same Man and therefore could not properly return him utlawed.
         His Majesty answered, he was loth he should be forced to alter his Tune; and that he should now change it into Matter of Grief, by way of Contestation.  He did sample it to the Murmur and Contradiction of the People of Israel.
         He did not attribute the Cause of his Grief to any Purpose in the House to offend him, but only to a Mistaking of the Law.  For Matters of Fact, he answered them all particularly.  That, for his Part, he was indifferent which of them were chosen; Sir John or Sir Francis: That they could suspect no special Affection in him, because this was a Counsellor not brought in by himself.
         That he had no Purpose to impeach their Privilege: But since they derived all Matters of Privilege from him, and by his Grant, he expected they should not be turned against him.  That there was no Precedent did suit this Case fully:  Precedents in the Times of Minors, of Tyrants, of Women, of simple Kings, not to be credited, because for some private Ends.  By the Law this House ought not to meddle with Returns, being all made into the Chancery; and are to be corrected or reformed by that Court only, into which they are returned.  35 H. VI. it was the Resolution of all the Judges, that Matter of Utlary was a Sufficient Cause of Dismission of any Member out of the House.  That the Judges have now resolved, that Sir Frarcis Goodwin standeth utlawed, according to the Laws of this Land.
         In Conclusion, it was his Majesty's special Charge unto us, That, first, the Course already taken should be truly reported. 2. That we should debate the Matter, and resolve amongst ourselves, [3] That we should admit of Conference with the Judges.  4. That we should make Report of all the Proceedings unto the Council.
         This Relation being made, the House did not enter into any further Consideration of the Matter at that time; but resolved, and ordered, That it should be the first Matter moved the next Morning.

. . . . . . . . .

[159] Die Veneris, viz. 30° Die Martii, 1604.
. . . . . . . . .

        Moved, and urged by one, touching the Difference now on foot between the King and the House, That there is just Fear of some great Abuse in the late Election:  That, in his Conscience, the King hath been much misinformed; and that, he had too many misinformers: which, he prayed God, might be removed, or lessened in their Number: That now the Case of Sir John Fortescue and Sir Francis Goodwin was become the Case of the whole Kingdom: That old Lawyers forget, and commonly interpret the Law according to the Time: That, by this Course, the free Election of the Country is taken away and none shall be chosen but such as shall please the King and Council.  Let us therefore, with Fortitude, Understanding, and Sincerity, seek to maintain our Privilege; which cannot be taken or construed any Contempt in us, but merely a Maintenance of our common Right, which our Ancestors have left us, and is just and fit for us to transfer to our Posterity.
         Another:-- For a Law to be made, that never any Man outlawed should shew his Face here again.  The Difference, he observed, was some unrespective Carriage towards his Majesty in this Matter; and therefore let our proceeding be dutiful, and careful towards him, in advising of some speedy Course to give his Majesty Satisfaction; that is (as he conceived) according to the King's Project:  First, to advise amongst ourselves, and then to confer with the Judges; not as Parliament-men, but as Counsellors; not as though they were to reverse our Errors, but that we might be better informed.--Not now the Case of Sir John and Sir Francis, but a Case of great Difference between the King and us: Wherein we are deeply to consider the Consequence, if this Pique be bruited in the Country abroad, or beyond the Seas.  It is fit we let the King see how much we take to Heart this Matter; sithence our Affections have so much appeared in the Passing and present Expediting of the Act of Recognition, &c.
         Conclusion.  That we should tender our humble Petition to his Majesty, for Leave to make a Law for the Banishing of all Outlaws hereafter from the Parliament:  And pray, that we may hold all our Privileges intire.
         A third:--That we ought not to contest with the King: That it is fit to have a Conference: That by it we shall lose no Privilege, but rather gain; for the Matters of the Conference will be Two; Satisfaction of the King, and putting in Certainty our Privilege.  All is not yet said, that may be said.  We are not to dispute with one that is Governor of Thirty Legions: Confitendum est, ne frustra interrogasset. Let us deal plainly and freely with the Lords, and let them know all the Reasons. They are jealous of the Honour of a Privy Counsellor, We of the Freedom of Election.  It is fit great Men maintain their Prerogative; so is it fit, that we maintain our Privileges.  This is a Court of Record; therefore ought we by all means seek to preserve the Honour and Dignity of it.  If a Burgess be chosen  for Two Places, the Burgess makes his Choice for which he will serve; and a Warrant shall be directed from Mr. Speaker, in the Name of the House, to the Clerk of the Crown, to send forth a Writ for a new Election for the other Place left; which is a direct Proof that it is a Court of Power, and of Record.  We have a Clerk, and a Register: All Matters that pass here are entered of Record, and preserved.  As they stand for the Honour of a Counsellor, so we for our Privileges. It is to be Wished that we had a Law to declare our Privileges: That we have a Court of Record, and a Register.
         Objec. We (they say) are but half of the Body; and the Lords are the Parts nearest the Head.
         Answ. Nothing ascends to the Head, but by the Breasts, &c.
         Conclusion. That we may pray, it may be explained by a Law, what our Privileges are; and that no Man outlawed may hereafter be admitted.
         There must be a Judge of the Return, before we sit; and this is now judged, according to the positive Laws of the Realm, by the King; which infringeth not our Liberty, since we judge, after the Court is set, according to Discretion.
        No Precedent, that any Man was put out of the House for Utlary: Therefore, it had been fit, we should have desired to inform the King, that he was misinfored.
         Let us now leave this Particular Case to the King; and consider and resolve of the material Questions, that will fall out in the Debate of it: l. Whether this Court hath Power to take notice of Returns made before we sit here: 2. Whether Men outlawed may be of the House: 3. Whether a Man pardoned, having not sued forth a Writ of Scire facias, may be called in question: 4. Whether the Writ were returned the Seventeenth of February, or no, upon Oath of the Sheriff.
         Some others were strong in Opinion, that we ought not to  confer, nor to commit; saying, That Majesty had conferred with Justice: yet Majesty had left the Stopping of the Wound to us.  We should taint ourselves with Three great Blemishes, if we should alter our Judgment, Levity, Cruelty, and Cowardice. There be Three Degrees of upright Judgment; Motion, Examination, Judgment: All these have passed us.  No Court can reform their on Judgment.  Every Day a Term here. Every Act, that passeth this House is an Act of Parliament. Shall Justice float up and down?  Shall he be a Member To-day, and shall we tear him off To-morrow?  If the Member be sound, it is Violence: If the Hand tear the rest, it is Cruelty.  No Part torn, but it may bleed, to the Ruin of the Whole.  Let Sir Francis Goodwin stand as he is.  Duty and Courage may stand together.  Let not the House be inveigled by Suggestions.  This may be called a Quo Warranto, to seize our Liberties.
         There hath been Three main Objections:
         1. The King's Exception:  We could shew no Precedent in this Kind.
         Answer. The King could shew no such Writ before.  Our hands were never sought to be closed before, nor we prevented.  It opens a Gap, to thrust us all into the Petty Bag.  A Chancellor may call a Parliament of what Persons he will, by this Course: Any Suggestion, by any Person, may be Cause of sending a new Writ.
         2. Ob. By the Lord Chief Justice: By the Law we had nothing to do to examine Returns.
         Answer. Judges cannot take notice of private Customs or Privileges; but we have a Privilege, which stands with the Law: The Judges informed the King of the Law, but not of a Case of Privilege.  It is true, 35 H. VI. all the Judges resolved, that no outlawed Man ought to be admitted; but that was controuled by Parliament. It is the same Opinion now: Let us controul it as then. We have done no Offence to the State: Let us therefore be constant in our own Judgments.
         3. Objection. *****
         Another:-- The King's Pleasure, that we should deliver the Reasons of that we have done, to be just.-- If we clear our Contempt, we have discharged ourselves. The King's Bench cannot reverse their Judgment the same Term; therefore not the Parliament.  Let us send a Message to the Lords, that we are ready so to do, as we do not undo this House.
         Others:-- Non coronabitur, qui non legitime certaverit.-- Not to be termed a Difference between his Majesty and the Commons.  Rogamus, Auguste; non pugnamus.  The Question is not of Matter of Privilege, but of Judgment. [159/160] Let us attend them as Lords of the Council, and not as Lords of Parliament.
     We do no ways contest or contend with his Majesty.  The King is no way bound in Honour. If Writs go forth unduly, they may be controuled without Impeachment to the King's Honour: It is the Act of his inferior Officers. It is now come to this Question, whether the Chancery, or Parliament, ought to have Authority.
         Quest. Whether we ought to satisfy the King in his Commandment?
        The King's Message was, that we should consider within ourselves, and resolve of ourselves; then no need to confer with the Judges.  If we cannot, then it is fit to be resolved by the Judges.
         The Judges have judged, and we have judged; what need then of Conference?  Let there be no spark of that Grace taken from us, which we have had already from his Majesty.  Let our Reasons be put into Articles, and delivered in all Humbleness unto him.
         Upon the Conclusion of this Debate, in this Manner, the House proceeded to Question: and the first was,
         1. Q. Whether the House was resolved in the Matter?
        And the Question was answered, by general Voice, That the whole House was resolved.
         2. Q. Whether the Reason of their Proceeding shall be set down in writing?
         Resolved, That they shall be set down in Writing: And Ordered further, That a Committee should be named for that Purpose, and appointed, first, to set them down in Writing; and to bring them to the House, there to be published, and to receive their Allowance.
         The Committees were instantly named; viz. Sir Robert Wingfield, Sir George Moore, Sir Francis Bacon, Mr. Yelverton, Mr. Dyet, Sir Francis Hastings, Mr. Hedley, Mr. Recorder of London, Mr. Martin, Sir Arthure Atye, Mr. Francis Tate, Sir Roland Litton, Sir Henry Nevill, Mr. Attorney of the Wards, Sir John Hollis, Sir Robert Wroth, Sir Edw. Hobby, Sir Francis Barrington, Mr. Wiseman, Mr. Hyde, Mr. Fuller, Sir Edward Mountague, Mr. Ravenscroft, Sir Wm. Fleetwood, Mr. Winch, Sir Tho. Chaloner, Mr. Solicitor, Sir Roger Wilbraham, Sir John Thynne, Sir John Scot, Mr. Hitcham, Sir Edward Stafford, Sir John Mallory, Sir Herbert Crofts, Sir Francis Fane, Sir Richard Molyneux, Sir John Hungerford, Sir Edward Herbert, all the Serjeants at Law, Mr. Nath. Bacon, Mr. Hext:--To meet this Afternoon, at Two a Clock, in the Exchequer Chamber.
         The Authority given unto them by the House, was this:
         The House being resolved, upon the Question, That the Reasons of their precedent Resolution, touching the Return, Admittance, and Retaining of Sir Francis Goodwin, as a Member of this House, should be set down in Writing; these Committees were specially appointed to perform that Service; and have Warrant from the House, to send for any Officer, to view and search any Record, or other thing of that Kind, which may help their Knowledge, or Memory, in this particular Service:  And having deliberately, by general Consent, set down all such Reasons, they are to bring them in writing into the House; there to be read, and approved, as shall be thought fit.

Die Saturnii, viz. 31° Die Martii.

Sir William Morrice beginneth the Motion for the Union, and for the Name of Great Britain.

. . . . . . . . . . .

 L. l. et. 2. B. To disable outlawed Persons, and Persons in Execution, to be of the Parliament:--Committed to all the Privy Council being Members of the House, Sir George Carewe, Vice-chamberlain to The Queen, Sir Edward Stafford, Mr. Solicitor, Sir Roger Wilbraham, Sir Edward Hobby, Sir Rob. Wroth, Sir John Scott, Sir George Moore, Mr. Wiseman, Sir Edward Mountague, Mr. Recorder of London, Mr. Nathaniel Bacon, Sir Robert Phelipps, Sir Jerome Horsey, Mr. Lawrence Hide, Sir John Savill, Mr. Francis Moore, Sir John Leveson, Mr. Martin, Sir Thomas Hesketh, Sir Robert Stanford, Mr. Crewe, Sir Richard Warburton, Sir Henry Poole, Mr. Serjeant Tanfied, Mr. Antrobus, Sir Thomas Beomount: To meet on Monday, at Two a Clock in the Afternoon, in the Exchequer Chamber.

. . . . . . . .
 
 

[161] Die Lunæ, viz. 2° Die Aprilis,1604.

. . . . . . . .

        It was then moved, that Committees might be named, to take the Examination of the Sheriff of Buckinghamshire, who was, by former Order, sent for, and now come; And to that End were named, Mr. Solicitor, Sir Robert Wroth, Sir William Fleetwood, Sir Thomas Challoner, Sir Robert Wingfield, Mr. Serjeant Tanfield, Mr. Serjeant Lee, Mr. Yelverton, Mr. Francis Moore; who were appointed to take his Examination presently.
         The Examination was presently taken by these Committees, and returned in this Form:
        Interr. 1. Why he removed the County from Aylesbury to Brickhill?
         He saith, it was by reason of the Plague being at Aylesbury, the County being the 25th of January, at which time Three were dead of the Plague there:  This was {the}only Motive of removing his County.
         Interr. 2.  Whether he were present at the first Election?
         Saith, he was present; and was as faithful to wish the second Place to Sir Francis Goodwyne, as the first to Sir John Fortescue:  Sent Sir Francis Goodwyne Word before the Election, he should not need to bring any Freeholders; for the Election, he thought, would be, without Scruple, for them both; first to Sir John; 2. to Sir Francis.  About Eight of the Clock he came to Brickhill; was then told by Sir George Throckmorton, and others, that the first Voice would be given for Sir Francis:  He answered, he hoped it would not be so; and desired every Gentlemen to deal with his Freeholders.  After Eight of the Clock, went to the Election, a great Number there being Children, never at the County.  After the Writ read, he first intimated the Points of the Proclamation; then jointly propounded Sir John Fortescue, and Sir Francis Goodwyn: The Freeholders cried first,  A Goodwyn! a Goodwyn!  Every Justice of Peace on the Bench said, A Fortescue! a Fortescue! and came down from the Bench, before they named any or a second Place; and desired the Freeholders to name Sir John Fortescue for the first.  Sir Francis Goodwyn, being in a Chamber near, was sent for by the Sheriff and Justices; and he came down, and earnestly persuaded with the Freeholders; saying, Sir John was his good Friend; had been his Father's; and that they would not do Sir John that Injury.  Notwithstanding, the Freeholders would not desist, but still cried, A Goodwyn! a Goodwyn! some crying A Fortescue! to the Number of Sixty or thereabouts; the other, for Sir Francis Goodwyn, being about Two or Three hundred, And Sir Francis Goodwyn, to his Thinking, dealt very plainly and earnestly in this Matter for Sir John Fortescue; for that Sir Francis Goodwyn did so earnestly protest it unto him.
         Interr. 3.  Who laboured him to make the Return so long before the Day of the Parliament?
         He being here in London, Mr. Attorney General, the second of March, at his Chamber in the Inner Temple, delivered him Two Cap. utlagat. against Sir Francis Goodwyn; and, before he made his Return, he went, and advised with Mr. Attorney about his Return; who penned it:  And so it was done by his Direction.  And the Return being written, upon Friday after the King's coming through London, near about my Lord Chancellor's Gate, in the Presence of Sir John Fortescue, he delivered the Writ to Sir Geo. Coppin:  And at this Time (it being about Four of the Clock in the Afternoon) and before they parted, Sir John Fortescue delivered him the second Writ, sealed; Sir John Fortescue, Sir Geo. Coppin, and himself, being not above an Hour together, at that Time; and never had but this new Writ of Parliament to him delivered.
                                                                   Subscribed,        Francis Cheyney
 
 

         This was returned by the Committee to the Hands of the Clerk but not at all read in the House. [It was later inserted into the Journal.]
         Sir Charles Cornwallis moveth, in Excuse of Sir Francis Goodwin's Absence from the House; and prayeth, that they would, as well in their own Judgment pardon it, as witness and affirm his Care and Modesty, upon all Occasions, to the King, in that he hath forborn, during all the Time of this Question, to come into the House.
        L.1. B. Against Puritans.

. . . . . . . . . [here follows other proposed bills]
 

        [162] Mr. Speaker remembereth the Matter of Conference with the Judges; and offereth to repeat, and put again, the Questions, that were formerly made (being before uncertainly and unperfectly left, he said) in the Case of Buckinghmshire; viz. 1.  Whether the House were resolved in the Matter? 2.  Whether they should confer with the Judges?  And, at length, induced the House to entertain the latter Question; and, being made, was carried, by general Voice, in the Negative:-- No Conference.
         Upon this Passage it was urged, for a Rule, That a Question, being once made, and carried in the  Affirmative, or Negative, cannot be questioned  again, but must stand as a Judgment of the House.
         It was thougt fit, that Mr. Speaker should attend the Committee for penning the Reasons in Sir Francis Goodwin's Case; not by Commandment, but voluntary of himself.

Die Martis, viz. 3° Die Aprilis, 1604.

. . . . . . . . . .
 

         L.2.B. For the better Execution of sundry Statutes and touching Purveyors and Car-takers.
         Mr. Serjeant Hobart moveth, That upon the Coming of the King’s Court into those Countries, that have made their Composition, where the Purveyors do usually purvey, there the Composition, for that Time, might cease.
         One Griffin Payne, One of the Burgesses for the Town of Wallingford in the County of Berk’ upon the second reading of the Bill of Purveyors, entereth into a bitter Invective against the Proceeding of the House in this Matter of Purveyors; taxing it in these unseemly Terms, That they had sought to dishonour the King, disgrace the Council, discredit the Opinion of the Judges, and did now, by this Bill, go about to hang some of his Servants.
         The House, being somewhat troubled with this sudden Speech, did, nevertheless, for the Time, proceed to the Committing of the Bill; . . . .
         The House, in Dislike of the former presumptuous and undutiful Speech, uttered by Mr. Payne, as for a great Indignity and Contempt, * * that he might be called to the Bar: And, upon Question, it was accordingly resolved.
         He came to the Bar; and, kneeling, he denied the first Words, viz. Dishonoring the King: By the next, he said, he meant the Disgrace of Sir John Fortescue: The other, he said, concerned himself, being a Purveyor; and behoveth him to speak somewhat.
         Upon further Examination, it appeared, he was Mayor of Wallingford; and therupon drawn into Question, that being Mayor of a Town, and an Offender in the point of Grievance complained of, viz. a Purveyor, whether he ought to sit and serve in the House: And the Precedent of Hutton. Bailiff of Southwarke, Anno 35 Eliz. vouched by Sir Edward Hobby. After some Debate, it was, upon Question, ordered, that he should b e suspended from his Service here, until the Doubt were cleared, whether he might serve.
         This Question, with others of the like Kind, were thought fit to be referred to the general Committee for Privileges; who were appointed to meet on Thursday following, at Two of the Clock in the Afternoon, in the Inner Temple Hall: . . . .

. . . . . . . .

        The Reasons of the Proceeding of the House in Sir Francis Goodwyn's Case, penned by the Committee, were (according to former Order) brought in by Mr. Frauncis Moore, and read by the Clerk, directed in Form of a Petition:

 To the King's most excellent Majesty;
 The humble Answer of the Commons House of Parliament to his Majesty's Objections in Sir Frauncis Goodwyn's Case.

MOST gracious, our dear, and dread Sovereign:  Relation being made to us by our Speaker, of Your Majesty's royal Clemency and Patience in hearing us, and [162/163] of Your princely Prudence in discerning, shewing affectionate Desire rather to receive Satisfaction to clear us, than Cause to Pardon us; we do, in all Humbleness, render our most bounden Thanks for the same; protesting by the Bond of our Allegiance, that we never had Thought to offend your Majesty; at whose Feet we shall ever lie prostate, with loyal Hearts, to sacrifice ourselves, and all we have, for Your Majesty's Service: And in this Particular we could find no Quiet in our Minds, that would suffer us to entertain other Thoughts, until we had addressed our Answer to Your most excellent Majesty; for which, nevertheless, we have presumed of the longer Time, in respect we have prepared some Precedents, requiring Search, to yield Your Majesty better Satisfaction.
         There were objected against us by Your Majesty, and Your reverend Judges, Four Things, to impeach our Proceedings, in receiving Frauncis Goodwyn, Knight, into our House.
         Objectio Ia.  The first, that we assumed to ourselves Power of Examining of the Elections and Returns of Knights and Burgesses:  which belonged to your Majesty's Chancery, and not to us: For that all Returns of Writs were examinable in the Courts, wherein they are returnable; and the Parliament Writs being returnable into the Chancery, the Returns of them must needs be there examined, and not with us.
         Our humble Answer is, That until the Seventh Year of King Henry IV. all Parliament Writs were returnable into the Parliament, as appeareth by many Precedents of Record, ready to be shewed; and consequently the Returns there examinable:  In which Year a Statute was made, that thenceforth every Parliament Writ, containing the Day and Place where the Parliament shall be holden, should have this Clause, viz. "et electionem tuam in pleno comitatu factam, distincte et aperte, sub sigillo tuo, et sigillis corum, qui electioni illi interfuerint, nobis in Cancellariam nostram, ad diem et locum in brevi content. certifices indilate."
         By this, although the Form of the Writ be somewhat altered, yet the Power of the Parliament, to examine and determine of Elections, remaineth; for so the Statute hath been always expounded ever sithence, by Use, to this Day:  And for that Purpose, both the Clerk of the Crown hath always used, all the Parliament-time, {to attend} upon the Commons House with the Writs and Returns; and also the Commons, in the Beginning of every Parliament, have ever used to appoint special Committees, all the Parliament-time, for examining Controversies concerning Elections and Returns of Knights and Burgesses; during which Time the Writs and Indentures remain with the Clerk of the Crown; and after the Parliament ended, and not before, are delivered to the Clerk of the Petty Bag in Chancery, to be kept there.  Which is warranted by Reason, and Precedents.  Reason, for that it is fit, that the Returns should be in that Place examined, where the Appearance and Service of the Writ is appointed:  The Appearance and Serivce is in Parliament; therefore the Return examinable in Parliament: Precedents:  One in the Twenty-ninth Year of the Reign of the late Queen Elizabeth; where, after One Writ awarded into Norfolk, for Choice of Knights, and Election made, and returned; a second was, before the Parliament Day, awarded by the Lord Chancellor; and thereupon another Election and Return made:  And the Commons, being attended with both Writs and Returns by the Clerk of the Crown, examined the Cause, allowed the first, and rejected the second.
         So, Anno 23 Elizabethae Reginae, a Burgess was returned dead; and a new chosen, and returned by a new Writ:  The Party returned dead, appeared; the Commons, notwithstanding the Sheriff's Return, admitted the first-chosen, and rejected the second.
         Also the said Three-and-twentieth Year, a Burgess, chose for Hull, was returned Lunatick; and a new chosen, upon a second Writ.  The first claimed his Place:  The Commons examined the Cause:  and, finding the Return of Lunacy to be true, they refused him; but, if it had been false, they would have received him.
         Anno 43 Elizabethae, the Sheriff of Rutlandshire returned himself elected.  The Commons, finding, that he was not eligible by Law, sent a Warrant to the Chancery for a new Writ to chuse anew.
         Anno 43 Elizabethae also, a Burgess was chosen Burgess for Two Boroughs.  The Commons, after he had made Election, which he could serve for, sent Warrant to the Chancery, for a Writ to chuse a new for the other Borough.  Of which Kind of Precedents there are many other, wherewith we spare to trouble Your Majesty.
         All which together, viz.  Use, Reason, and Precedents, do concur to prove the Chancery to be a Place appointed to receive the Returns, as to keep them for the Parliament; but not to judge of them.  And the Inconvenience might be great, if the Chancery might, upon Suggestions, or Sheriffs Returns, send for new Elections; and those not subject to Examination in Parliament: For so, when fit Men were chosen by the Counties and Boroughs, the Lord Chancellor, or the Sheriffs, might displace them, and send out new Writs, until some were chosen to their liking:  A thing dangerous in Precedents for the Time to come; howsoever, we rest securely from it at this present, by the now Lord Chancellor's Integrity.
         Objectio 2a.  That we dealt in the Cause with too much Precipitation, not seemly for a Council of Gravity, and without Respect to Your most excellent Majesty our Sovereign, who had directed the Writ to be made; and being but half a Body, and no Court of Record alone, refused Conference with the Lords, the other half, notwithstanding they prayed it of us.
         Our humble Answer is, to the Precipitation, That we entered into this Cause, as in other Parliaments of like Cases hath been accustomed; calling to us the Clerk of the Crown, and viewing both the Writs, and both the Returns:  which, in Cases of * * * * and Motions, though not of Bills, (requiring Three Readings) hath been warrant by continual Usage amongst us:  And there, upon well finding, that the later Writ was awarded, and sealed, before the Chancery was repossessed of the former, (which the Clerk of the Crown, and the Sheriff of the County, did both testify, and well held to be a clear Fault in Law) proceeded to Sentence, with the less Respect of the latter Election.  For our lack of Respect to Your Majesty, we confess, with Grief of our Hears, we are Right sorry it shall be so conceived; protesting, that it was no way made known unto us before that Time, that Your Majesty had taken to Yourself any special Notice, or directed any Course in that Cause, other than the ordinary awarding Writ by Your Highness Officers in that Behalf.  But if we had know as much (as some will have) by Your Majesty's royal Mouth, we would not without Your Majesty's Privity, have proceeded in that Manner.  And further it may please Your Majesty to give us leave to inform You, that, in the Examination of the Cause, the Sheriff avouched unto us, that Goodwyn agreed to yeild the first Place of the Two Knights to Sir John Fortescue; and in his own Person, at the Time of Election, with extraordinary.  Earnestness intreated the Electors, it might so be; and caused the Indentures to be made up to that Purpose; but the Electors utterly refused to seal them.
         Concerning our refusing Conference with the Lords; there was none desired, until after our Sentence passed; and than we thought, that in a Matter private to our own House, which by Rules of Order, might not be by us revoked, we might, without any Imputation, refuse to confer:  Yet, understanding by their Lord *, that Your Majesty had been informed against us, we made haste (as in all Duty we were bound) to lay open to Your Majesty, our good and gracious Sovereign, the whole Manner of our Proceeding; not doubting, though we were [163/164] but Part of a Body, as to make new Laws; yet, for any Matter of Privileges of our House, we are, and ever have been, a Court of ourselves, of sufficient Power to discern and determine, without their Lordships, as their Lordships have used always to do for theirs, without us.
         Objectio 3a.  That we have, by our Sentence of receiving Goodwyn, admitted, that Outlaws may be Makers of Laws; which is contrary to all Laws.
         Our humble Answer is, That, notwithstanding the Precedents, which we truly delivered, of admitting and retaining Outlaws in personal Actions, in the Commons House, and none remitted, for that Cause; yet we received so great Satisfaction, delivered from your Royal Majesty's own Mouth, with such excellent Strength, and Light of Reason, more than before in that Point we heard or did conceive, as we forthwith prepared an Act to Pass our House, that all Outlaws henceforth shall stand disabled to serve in Parliament:  But as concerning Goodwyn's Particular, it could not appear unto us, having thoroughly examined all Parts of the Proceedings against him, that he stood an outlaw, by the Laws of England, at the Time of the Election made of him by the County; and that for Two Causes:  The first is, that where the Party outlawed ought to be Five Times proclaimed to appear in the Sheriff's County Court, and then not appearing, ought to be adjudged outlawed by the Judgment of the Coroners of the County: there appeareth no Record made in the Hustings of London, that Goodwyn was Five Times proclaimed, or that the Coroners gave Judgment of Outlawry against him; but a Clerk, lately come to that Office, hath now, many Years after the Time, and since this Election, made Entries, interlined with a new Hand, that he was outlawed.  To which new Entries we could give no Credit; for that the Parties, at whose Suit Goodwyn was sued, have testified in their Writings of Release, that they never proceeded further, than to take out the Writ of Exigent for an Outlawry; and, being then paid their Money, desisted there.  By which we find, that Goodwyn was not Five Times proclaimed, nor adjudged outlaw; being a Thing usual in London to spare that Proclamation and Judgment, if the Party call not upon it; and no Record being made for many Years together, that either of them was done.
         The second Cause was, for that the Writ of Exigent, by which the Sheriff was commanded to proclaim him Five Times was never lawfully returned, nor certified by Certiorari; without which, we take it, that Goodwyn stood not disabled as an Outlaw.
         To this adding the Two general Pardons by Parliament, which had cleared the Outlary in Truth and Substance, if any were; and that Goodwyn could not apply the Pardons by Scire facias (for that no Record nor Return has extant of the Outlary, whereupon he might ground a Scire facias) we were of Opinion, and so your Majesty's most Reverend Judges would have been, if they had known thus much, that Goodwyn stood not disabled by Outlary to be elected or serve in Parliament.  But when we considered further, that the Course taken against Goodwyn, for drawing him into this Outlary, of Purpose to disable him to serve in this Place, whereto the County had freely elected him, was unusual; we could not, with the Reputation of our Places, serving as a Council of Gravity, in Allowance or Continuance of that Course, censure him to be rejected as an Outlaw: The Particulars of which were these; viz. Two Exigents awarded; * *  the other Seven Years past, to the Hustings in London; no Entry made of Five Proclamations, nor of any Judgment of the Coroners, nor any Return of the Exigents made, or endorsed; the Party Plaintiff satisfied; the pretended Outlaries being put upon meane Process; and, as to Your Majesty's Duties and Contempts, pardoned; now since Goodwyn was elected Knight, the Exigent now sought out since the Election, procured to be returned in the Name of the Sheriffs, that then were, and are long since dead; a new Entry made of the Five Proclamations, and Coroners Judgment; and now a Return made of that old Exigent, which could be of no Use, but only for a Purpose to disable him for that Place:  Upon all which, we could do no less, in true Discretion, than certify the Election made secundum aequum et bonum.
         Objectio 4ta.  That we proceeded to examine the Truth of the Fact of Outlary, and gave our Sentence upon that; whereas we ought to have been bound by the Sheriff's Return of the Utlary, from further examining, whether the Party were outlawed, or not.
         Our humble Answer is, That the Precedents cited before, in our Answer to the first Objection, do prove the Use of the Commons House to examine vertitatem facti in Elections and Returns, and have not been tied peremtorily to allow the Return; as if Knight or Burgess be untruly returned dead or lunatic; yet, when he appeareth to the House to be living, and sound, they have, contrary to the Return, received him into the House,  preferring the Truth, manifested, before the Return: By Which discreet Proceeding there is avoided that great Inconvenience above-mentioned, of giving Liberty to Sheriffs, by untrue Returns, to make and remove whom they list, to and from the Parliament Service, how meet soever the Parties in the Judgment of the County, or Borough, that elected them.
         Thus in all Humility we have presented to your most excellent Majesty the Grounds and Reasons of our late Action; lead with no Affections, but guided by Truth, warranted in our Consciences, imitating Precedents, maintaining our ancient Privileges, honouring Your excellent Majesty in all our Services, to which in all Loyalty and Devotion, we bind us, and ours for ever; praying daily, on the Knees of our Hearts, to the Majesty of the Almighty, that Your Majesty, and Your Posterity may, in all Felicity, reign over us and ours, to the End of the world.
         These Reasons so set down, and published to the House, Mr. Secretary Herbert was sent with Message to the Lords, That the House had resolved of their Answer to his Majesty in Sir Frauncis Goodwyn's Case and had set it down in Writing; and that it should be sent to their Lordships before Four of the Clock in the Afternoon:  Who immediately returned their Lordships Answer, That they would be read at that Time in the Council Chamber at Whitehall, with Thirty of the Lords, to receive what then should be delivered.  Then were named Threescore to attend the Delivery of the said Reasons at the Time and Place foresaid; viz.
        * * * * * * * * [something was missing in the original Journal that could therefore not be transcribed]

. . . . . . . . .

[165] The Committee for Privileges, and that of Sir Thomas Shirley, deferred, upon Motion, until Thursday, in the Exchequer Chamber, at Two of the Clock in the Afternoon.
           This Afternoon, about Five a Clock, the Committee appointed, did attend to deliver the Reasons aforesaid at the Council Chamber, according to Appointment and Order of both Houses; and they were delivered by Sir Francis Bacon, One of the Committees, with Desire, that their Lordships would be Mediators in the Behalf of the House, for his Majesty's Satisfaction.

Die Mercurii, viz. 4° Die Aprilis, 1604.

. . . . . . . . . .

        Sir Francis Bacon, having the Day before delivered to the Lords, in the Council Chamber at Whitehall, according to the Direction of the House, the Reasons in Writing, penned by the Committee, touching Sir Francis Goodwin's Case, maketh Report of what passed at the Time of the said Delivery:  First, that, though the Committees employed, were a Number specially deputed and selected, [165/166] yet that the Lords admitted all Burgesses without Distinction:  That they offered it with Testimony of their own Speed and Care in the Business, so as, they said, no one thing had Precedency, but only the Bill of Recognition:  That they had such Respect to the Weight of it, as they had not committed to any Frailty of Memory, or verbal Relation, but put it in Writing, for more permanent Memory of their Duty and Respect to his Majesty's Grace and Favour: That, in Conclusion, they prayed their Lordships, sithence they had nearer Access, they would co-operate with them for the King's Satisfaction: And so delivered the Writing to the Hands of the Lord Chancellor: who, receiving it, demanded, whether they should send it to the King, or first peruse it.  To which was answered, That since it was the King's pleasure they should concur, they desired their Lordships would first peruse it.  The Lord Cicell demanded, Whether they had Warrant to amplify, explain, or debate, any Doubt or Question made upon the Reading: To which it was said, they had no Warrant.  And so the Writing was read, and no more done at that Time.

. . . . . . . . . .
 
 

Die Jovis, viz. 5° Die Aprilis, 1604.

 Mr. Speaker, by a private Commandment, attended the King this morning at Eight a Clock, and there stayed till Ten.

. . . . . . . . .

         Mr. Speaker excuseth his Absence, by reason he was commanded to attend upon his Majesty; and bringeth Message fron his Majesty to this Effect:  That the King had received a Parchment from the House; whether it were an absolute Resolution, or Reason to give him Satisfaction, he knew not:  He thought it was rather intended for his Satisfaction.  His Majesty protested by that Love he bare to the House, as his loving and loyal Subjects, and by the Faith he did ever owe to God, he had as great a Desire to maintain their Privileges, as ever any Prince had, or as they themselves.  He had seen and considered of the Manner, and the Matter; he had heard his Judges and Council; and that he was now distracted in Judgment:  Therefore, for his further Satisfaction, he desired, and commanded, as an absolute King that there might be a Conference between the House and the Judges; and that, for that Purpose, there might be a select Committee of grave and learned Persons out of the House: that his Council might be present, not as umpires to determine, but to report indifferently on both Sides.
         Upon this unexpected Message, there grew some Amazement, and Silence: but at last One stood up, and said, The Prince's Command is like a Thunderbolt; his Command upon our Allegiane like the Roaring of a Lion:  To his Command there is no contradiction; but how, or in what manner, we should now Proceed to perform Obedience, that will be the Question.
         Another answered:  Let us Petition to his Majesty, that he will be pleased to be present, to hear, moderate, and judge the Case himself.
         Whereupon Mr. Speaker proceeded to this Question.
         Q. Whether to confer with the Judges in the Presence of the King and Council?
         Which was resolved in the Affirmative, and a select Committe presently named for the Conference; viz.

Lawyers:
 Mr Serjeant Tanfield, Mr. Serjeant Hubard, Mr. Serjeant Leigh, Mr. Serjeant Shirley, Mr. Serjeant Dodridge, Sir Thomas Hesketh, Sir Francis Bacon, Mr. Recorder of London, Mr. Yelverton, Mr. Crewe, Mr. Lawrence Hide, Mr. Francis Moore, Mr. Richard Martyn, Mr. Winche, Mr. Dyett, Mr. Fuller, Sir Roger Wilbraham, Mr. Fancis Tate, Mr. Doctor James, Sir Daniell Dunn, Sir John Bennett.
Gentlemen:
         Sir Geo. Carewe, Vice-chamberlain to the Queen, Sir Francis Hastings, Sir Edward Hobbye, Sir Robert Wrothe, Sir Henry Nevill, Sir John Savile, Sir Geo. Moore, Mr. Nathaniel Bacon, Mr. Edward Stafford, Sir William Fleetwood, Sir Thomas Chaloner, Sir Roger Aston, Sir Robert Winfield, Sir Edward Mountague, Sir Edwyn Sandys; Sir Robert Cotton.
         These Committees were selected, and appointed to confer with the Judges of the Law, touching the Reasons of Proceeding in Sir Francis Goodwyn's Case, set down in Writing, and delivered to his Majesty, in the Presence of the Lords of his Majesty's Council, according to his Highness Pleasure, Signified by Mr. Speaker, this Day, to the House.
         It was further resolved and ordered by the House, upon the Motion to that End by Mr. Lawrence Hide, That the foresaid Committees should insist upon the Fortification and Explaining of the Reasons and Answers delivered unto his Majesty, and not proceed to any other Argument or Answer, what Occasion soever moved in the Time of that Debate.

. . . . . . . .

        [167] This Day Mr. Speaker pronounceth his Majesty's Pleasure of adjourning the Court until Wednesday next, the Eleventh of April at Eight a Clock in the Morning.

Die Mercurii, viz. 11° Die Aprilis, 1604.

. . . . . . . . . . .

        [168] Sir Francis Bacon was expected, and called, to make a Report of the late Conference with the Judges in the presence of his Majesty, and the Lords of the Council; but he made Excuse, saying, He was not warranted to make any Report; and tantum permissum, quantum commissum:  Nevertheless, upon a Question, he was overruled to make a Report.
         And a Motion thereupon made, that the Committees might first assemble in the Court of Wards, and confer amongst themelves, and then the Report to be made.

. . . . . . . . .

         Sir Francis Bacon, after the Meeting of the Committees in the Court of Wards, reporteth what had passed in Conference in the Presence of his Majesty, and his Council.
         The King said, He would be President himself.-- This Attendance renewed the Remembrance of the last, when we departed with such Admiration.  It was the Voice of God in Man, the good Spirit of God in the Mouth of Man: I do not say the Voice of God, and not of Man: I am not one of Herod's Flatterers: A Curse fell upon him that said it, a Curse on him that suffered it.  We might say as was said to Solomon, We are glad, O King, that we give Account to you, because you discern what is spoken. We let pass no Moment of Time, until we had resolved, and sat down an Answer in Writing, which we now had ready: that sithence we received a Message from his Majesty by Mr. Speaker, of Two Parts:  1. The one paternal: 2. The other royal:  1. That we were as dear unto him as the Safety of his Person, or the Preservation of his Posterity:  2. Royal, that we should confer with his Judges, and that in the Presence of himself and his Council: That we did more now to King James than ever was done since the Conquest, in giving Account of our Judgments:  That we had no Intent, in all our Proceedings, to encounter his Majesty, or to lmpeach his Honour, or Prerogative.
         This was spoken by way of Preamble, by him you employed.
         How to report his Majesty's Speeches he knew: {sic}  The Eloquence of a King was inimitable.
         The King addressed himself to him, as deputed by the House: and said, he would make Three Parts of what he had to say: The Cause of the Meeting was to draw to an end the Difference in Sir Fra. Goodwyn's Case.
         If they required his Absence, he was ready, because, he feared he might be thought interessed, and so breed an Inequality on their Part.
         He said, That he would not hold his Prerogative or Honour, or receive any thing of any, or all his Subjects:-- This was his Magnanimity.
         That he would confirm and ratify all just Privileges:-- This his Bounty and Amity; as a King royally; as King James, sweetly, and kindly, out of  his Good-nature.
         One Point was, Whether we were a Court of Record, and had Power to judge of Returns.  As our Court had Power, so had the Chancery; and that the Court, that first had Passed their Judgment, should not be controuled.
         Upon a Surmise, and upon the Sheriff's Return, there grew a Difference.
         That there Two Powers; One permanent, the other transitory: That the Chancery was a confidentiary Court, to the Use of the Parliament, during the Time.
         Whatsoever the Sheriff inserts beyond the Authority of his Mandate, a Nugation.
         The Parliaments of England not to be bound by a Sheriff's Return.
         That our Privileges were not in Question: That it was private Jealousies, without any Kernel or Substance.  He granted, it was a Court of Record, and a Judge of Returns.  He moved, that neither Sir John Fortescue, nor Sir Francis Goodwin, might have place.  Sir John losing Place, his Majesty did meet us halfway:  That when there did arise a schism in the Church between a Pope and an Anti-Pope, there could be no End of the Difference, until they were both put down.
         Upon this Report, a Motion was made, that it might he done by way of Warrant; and therein to be inserted, that it was done at the Request of the King:  And was further said (as anciently it hath been said) that we lose more at a Parliament, than we gain at a Battle: That the Authority of the Committee was only to fortify what was agreed on by the House for Answer; and that they had no Authority to consent.
         It was further moved by another, That we should proceed to take away our Dissention, and to preserve our Liberties: And said, That in this we had exceeded our Commission; and that we had drawn upon us a Note of Inconstancy and Levity.
         But the Acclamation of the House was, that it was a Testimony of our Duty, and no Levity.
         So as the Question was presently made:
         Quest. Whether Sir John Fortescue and Sir Francis Goodwyn shall both be secluded; and Warrant for a new Writ directed?
         And, upon the Question, Resolved, that a Writ should issue for a new Choice:  And a Warrant directed accordingly.
         A Motion made That Thanks should be presented by Mr. Speaker to his Majesty, for his Presence and Direction in this Matter: And thereupon ordered, That his Majesty's Pleasure should be known, by Sir Roger Aston, for their Attendance accordingly.
         Because it had been conceived by some, that Sir Francis Goodwyn, being the Member specially interessed, it were fit he should give Testimony of his Liking and Obedience in this Course; being dealt withal to that End, he writ his Letter to Mr. Speaker; which, before this Question made (for better Satisfaction of the House) was read in these Words:

         SIR, I am heartily sorry to have been the least Occasion, either of Question between his Majesty and that honourable House or Interruption to those worthy and weighty Causes, which, by this time, in all Likelihood, had been in very good Forwardness.  Wherefore, understanding very credibly, that it pleased his Majesty, when the Committees last attended him, to take Course with them for a third Writ and Election for the Knightship of the County of Buck, I am so far from giving any Impediment thereunto, that, contrariwise, I humbly desire his Majesty's Direction, in that Behalf, to be accomplished and performed.  So praying you, accord-[168/169]ing to such Opportunity as will be ministred, to give Furtherance thereunto, I take my Leave, and rest
                                             Yours most assured to be Commanded,
Westminster, this 11th                                        Fra. Goodwyn.
 of April, 1604.
 Directed:
"To the Right Worshipful
Sir Edward Phelips Knight,
Speaker of the Honourable
Court of Parliament .

Die Jovis, viz. 12° Die Aprilis.

. . . . . . . . . . .

A Motion made, That Mr. Speaker, in Behalf of the House, should pray Access to his Majesty; and present their humble Thanks, for his gracious Presence and Direction, upon the Hearing of Sir Francis Goodwyn's Cause;  Which was assented unto; and Sir Roger Aston, a Servant of his Majesty's Bedchamber, and One of the Members of the House, was presently appointed to know his Majesty's Pleasure: Which he did accordingly; and returned, That his Majesty was willing to give them Access, in the Gallery at Whitehall, at Two a Clock in the Afternoon, the same Day.  And thereupon a Committee was named to attend Mr. Speaker to the King; with a general Warrant to all others, that should be pleased to accompany them.
         The Committees specially named, were, all the Privy Council of the House, Sir Geo. Carewe, Vice-chamberlain to the Queen, the Lord Buckhurst, Sir Jo. Heigham, Sir Rob. Oxenbridge, Sir William Fleetwood, Sir Edwyn Sandys, Sir John Hollis, Mr. John Sheffield, Sir Francis Hastings, Sir Geo. Moore, Sir Rob. Wingfield, Sir William Killigrew, Sir Francis Popham, Mr. Francis Clifford, Sir John Savill, Sir Rich. Verney, Mr. Toby Matthewe, Sir Thomas Ridgeway, Sir Jonathan Trelawny, Sir John Scott, Mr. Edw. Seymour, Sir Tho. Holcroft, Sir Henry Nevill, Sir Tho. Walsingham, Sir Tho. Benson, Sir Francis Barrington, Sir Rob. Nappier, Sir Valentyne Knightley, Sir Geo. Carewe, Master of the Chancery, Sir Jerome Bowes, Sir John Thynne, Sir John Leveson, Sir William Burlaeye, Sir Roger Aston, Sir Robert Moore, Mr. Dudley Carleton, Sir Wm. Wray, Sir Geo. St. Poll.

. . . . . . . . . .

Die Veneris, viz. 13° Die Aprilis, 1604.

. . . . . . . . . .

[170] B. For disabling outlawed Men to be of the Parliament, reported by Sir Geo. Carewe, with Amendments; which being twice read, the Bill ordered to be ingrossed.

. . . . . . . . . .

        [171] Mr. Speaker returneth to the House the Effect of his Message of Thanks delivered the last Day, in the Name of the House, to his Majesty; as also of his Majesty’s Answer; viz.
         “That he related to his Highness the humble and dutiful Acceptation of what his Majesty had don, together with the humble Thanks of the House for his zealous and paternal Delivery of his Grace unto us by his own Mouth; what Wonder they conceived in his Judgment what Joy in his Grace; what Comfort they had in his Justice; what Approbation they made of his Prudence; and what Obedience they yielded to his Power and Pleasure.
         That his Direction gave all Men Satisfaction; that they were determined to pursue the Course he had prescribed that now they were become Suitors, he would be pleased to receive a Representation of the humble Thanks and Service of the House.
         His Majesty answered, That, upon this second Access, he was forced to reiterate what he had said before: That this Question was unhappily cast upon him; for he carried as great a Respect to our Privileges, as ever any Prince did: He was no Ground-searcher: He was of the Mind, that our Privileges was his Strength: That he thought the Ground of our Proceeding was our not understanding, that he had intermeddled, before we had decided: That he thought also, we had no wilful Purpose to derogate any thing from him: for our Answer was a grave, dutiful, and obedient Answer.
         But as the Devil had unhappily cast this Question between them, so he saw God had turned it to Two good Ends and Purposes:
         1. One, that he knew, and had approved, our Loyalty:
         2. Another, that he had so good an Occasion to make Testimony of his Bounty and Grace.
         That as we came to give him Thanks, so did he redouble his Thanks to us: That he had rather be a King of such Subjects, than to be a King of many Kingdoms.

 The second Part of his Speech, directed to the Lords and Us:
         That this Parliament was not like to be long.
         That we would treat of such Matters, as most concerned the Commonwealth; andthe last, of any thing that concerned himself.
         Three main Businesses in our Hands:
             1. The Union.
             2. Sundry publick and Commonwealth Bills.
             3. Matter of Religion, and Reformation of Ecclesiastical Discipline.
     For the Union, that it might be now prepared, and prosecuted the next Session.– That Union, which with the Loss of much Blood, could never be brought to pass, as now it is. That, the better to bring it to pass, we should be in Affections united.
         That we should first, with all Care, proceed in such Laws, as might concern the general Good.
         That all Heresies and Schisms might be rooted out; and Care taken, to plant and settle God’s true Religion and Discipline in the Church.
         That his Wish, above all things, was, at his Death, to leave, 1. One Worship to God:– One Kindom, intirely governed.– One Uniformity in Laws.
         Lastly, that his Occasions were infinite, and much beyond those of his Predecessors; and therefore, that, in this first Parliament, we would not take from him that, which we had yielded to other.
         That, in his Affections, he was no way inferior to others, nor in his Desire to ease us.”

The Warrant, for a new Election of a Knight for Buck’ read, and allowed in this Form:

         Whereas the Right honourable Sir John Fortescue Knight, Chancellor of his Majesty’s Duchy of Lancaster, and Sir Francis Godwyn Knight, have been severally elected and returned Knights of the Shire for the County of Buck’ to serve in this present Parliament; upon deliberate Consultation, and for some special Causes moving the Commons House of Parliament, it is this Day ordered and required by the said House, that a Writ be forthwith awarded, for a new Election of another Knight for the said Shire. And this shall be your Warrant.”
              Directed:
             “To my very loving Friend Sir Geo. Coppin Knight,
                Clerk of the Crown in his Majesty’s High Court of Chancery.”
 
 


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