House of Commons Journal Volume 1: 29 April 1606

Martis, 29o Die Aprilis, 1606

Skinners.

1. Reading: - BILL for the Relief of such as law fully use the Trade and Handicraft of Skinners.

Brewers.

1. Reading: - B. For prohibiting all such from Brewing of Beer and Ale, as sell the same again by Retail; and that all common Brewers keep the lawful Assise of Beer and Ale.

Attainder-Gunpowder Plot.

Mr. Attorney General came to the Bar, to give Evidence for the King: - Had spoken twice in the same Subject. - Against the living, now against the dead conclude. -

Commends the Gravity and Wisdom ; - the Integrity. -

Two general Parts of the Bill: - Preamble, Body.

Preamble : - Spanish Treason. -

Body, four Parts.

1. Persons. 2. Offence. 3. Clause of Forfeiture. 4. Saving. -

Offence: - 1. The Time. 2. The Matter. 3. The Manner. -

Why the Spanish Treason only in the Preamble. -

After 88. in Flanders; - Father Hope, Archer, Patrick Connough: - 32 Eliz.

After Hugh Owen : - A. Squyer: - 38 Eliz.

Creswell in Spayne, Baldwyn in Flanders, Tesmund, Garnett here : - 400 Priests and Jesuits in England. -

They will trust no Man but a Jesuit.

Wynter negotiate with the King of Spayne: - Rewarded : - Promise of Money. -

The Queen then died : - The King to succeed.- - Then the King of Spayne would not proceed.

The Words of the Bull, Quandocunque misera illa foemina ex hac vita excederet.

Let no Propinquity of Blood - and if they would not tolerate, yea further the Romane Religion, not to admit any to the Crown. -

One Bull, Nobilibus catholicis: - Another, Archipresbytero et clero. -

Garnett the Procurer. - Upon the Hearing of the Death of the Queen, Garnett burnt the Bulls. - _

Wright afterwards did negotiate with the King of Spaine, the same that Wynter did. -

Garnett, and all the rest, had the Coronation Pardon. -

Spanish and Powder Treason : -

Treasons conjoined: - In Cause, in Quality of Persons, and in Identity of Treasons. -

Not Religion; but popish Policy, to enlarge earthly and temporary Kingdoms.

We say, Take them to Gaol; they, Tradatur Sathanae. -

Pius Quintus did tolerate them to obey, until Executio Bullae commode fieri potest, rebus sic stantibus. -

37 H. VIII. Tridentyne Council began: Ended, 63. -

All the principal Papists came to Church, before the Bull. -

Jesuit the Broker in Rawleys Treason. -

Seminaries and Jesuits, like Sampson's Foxes; - not by the Heads, but by the Tails.

Watson said before his Death, Let my Book be well looked into : I have done them no Harm. - Therefore neither to be trusted. -

The Powder Treason. -

Mich. anno 1o Jaco. came from Scotland. - No Way, but to kill King James. - Catesby. -

* * be acquainted with another Manner of Treason. -

Parliament-house, in Queen Eliz. Time, should have been blown up : - Said by Owen, upon the Motion of this. -

No Man can aggravate the Powder Treason : To tell it, and know it, is enough. -

Precedent of attainting after Death. -

29 H. VI. Jack Cade, alias Mortymer, attainted by Parliament, after his Death. -

No Precedent of this afore, but then made a Precedent.

11 H. VII. Viscount Lovell: - Not killed in the Field, according to the Chronicle; but attainted 11 H. VII. and drowned at Minster Lovell, upon his Flight. -

Act of Parliament read by Mr. Attorney. -

Both attaint the Lord Lovell, and make his Heirs inheritable : - After Death, to no other Purpose, but to let the King have it. -

33 H. VIII. Act of Parliament. -

If a Madman commit Murder, he shall not be hanged: if he commit Treason, he shall. -

Commit Treason, and after grow mad, he shall be arraigned : in other Cases he shall not. -

32 H. VIII. Lord Cromwell attainted, but never called to his Answer,

Not according to the Chronicle. -

Benedict Smyth, for a Murder: - A Law made after the Offence committed, to take away his Clergy. -

This Powder Treason without Example; therefore let them die, though no Precedent. -

Owen, sine spe, sine re, sine sede, sine fide.

Many Attainders without a Saving: - Many Precedents alleged. -

Sundry Proofs of the several Treasons.

Proposition:-

Verbal,

Written,

Mental,

Mixt.

Martis, 29o Aprilis. Post meridiem.

Simony.

SIMONY: - Friday.

Committees sent for.

The House not being full, the Committees in several Places sent for by the Serjeant.

Ecclesiastical Causes.

Sir Fr. Bacon reporteth the Conference in ecclesiastical Causes.

My Lord Archbishop's Speech, touching silenced Ministers. -

Two Parts of the Archbishop's Speech :

A Narrative of the Proceeding against Ministers:

Answer to Propositions. -

Eleven Books: - A Petition under Hands. -

That Ministers might be restored. - Precedent out of reformed Churches : - Subscription in all. -

A Case forlorn, that Romish Suttlety should underprop English Formality. -

A Protestation an Exclusion of a Conclusion: - A Negative.

Kneeling, like All-hayle, to Christ: - Cross, like Broth at the Sacrament. - Surplice, like a Coat with many Patches :-Coat with four Elbows. -

Conclusion : - Immedicabile vulnus: - Leave off Connivence ; fall to further Execution.

Sir H. Hubbard: - Bishop of Winchester's Speech. -

Multiplicity of ecclesiastical Commissions. - Judgment of the High Commission final; without Appeal, without Redress.

Citations. - Bishop of Bath and Welles; - Sir Henry Mountague absent for that Report: - Mr. Fuller supplies it.

Excommunication: - Mr. Solicitor : - The Bishop of St. David's Speech. -

The King and the Lords had thought of some Reformation to be had in this: - A Bill depending in the House, touching that.

A Reply necessary in this Case. -

Strength, Gravity, Quickness, and Sincerity, in the four Bishops Speeches.

Committee for the former Conference, to meet Tomorrow, at Seven a Clock, in the Committee Chamber, and to prepare themselves.