The Journals of Parliaments
And then the Parliament continued till two of the Clock in the Afternoon of the same day; about which hour in the Afternoon, the Lord Keeper, and divers other Lord's meeting, six Bills of no great moment, had each of them one reading, of which the second being the Bill for Shipping in English Bottoms, The third touching buying and selling of Horses, within a certain time, The fourth touching Frizes called Pagaments, And the last, to make Good Leases, Grants of Offices, and Copyhold Lands by Nicholas Ridley, late Bishop of London, were each of them read secunda vice; but no mention is made that they were either to be refer'd to Committees, or Ordered to be engrossed, because they had been sent from the House of Commons on Tuesday, the 25. day of this instant April foregoing.
And then the Parliament continued till next day at nine of the Clock in the Morning, at which time the Bill for buying and selling of Horses within a certain time, and the Bill for Shipping in English Bottoms, were read tertia vice, & conclusae.
The Bill touching Frizes called Pagaments, was read tertia vice, & reject a.
The Bill lastly, touching the reviving of the Act for killing of Rooks and Crows, and the Bill for the Uniformity of Common-Prayer, and Service in the Church, and the Administration of Sacraments, were each of them read the second time.
Three Bills were brought up to the Lord's from the House of Commons, of which the first was, For the searching of Woollen-Cloth; The second, whereby the use and practice of Enchantments, Witchcraft and Sorcery is made Felony; And the last, being the Bill to continue the Act made against Rebellious Assemblies, was read the first time.
The Parliament continued till Friday the 28. day of April, at nine of the Clock. And then three Bills of no great moment, had each of them one reading, of which the third being the Bill to continue an Act against Rebellious Assemblies, was read the second time.
The Bill for the Uniformity of Common-Prayer, and Service in the Church, and the Administration of Sacraments was read tertia vice & conclusa, dissentientibus Archiepiscopo Eborac. Marchione Winton. Comite Salop. Vicecomite Mountagne, Episcopis Londin. Elien. Wigorn. Landaven. Coven. Exon. Cestren. Carleol. ac Dominis Morley, Stafford, Dudley, Wharton, Rich and North, vide Apr. 29.
Two Bills were brought up to the Lord's from the House of Commons, of which the first was the Bill for restoring to the Crown the Ancient Jurisdiction over the State Ecclesiastical and Spiritual, and abolishing all Foreign Power repugnant to the same, with a new Proviso added thereunto by the Commons; which see in principio diei sequentis. And the second of the said Bills was, limiting time for laying on Land Merchandises from beyond the Seas, and touching Customs for sweet Wines.
The Parliament continued till Saturday the 29. day of April at nine of the Clock in the Forenoon; on which day a Proviso annexed by the Commons to the Bill, for restoring to the Crown the Ancient Jurisdiction over the State Ecclesiastical and Spiritual, and abolishing all Foreign Power repugnant to the same, was read tertia vice & conclusa; but it rather seemeth, that this Proviso had at this time three readings, and so passed; and 'tis very probable, that either the Bishops, having had so ill success in opposing this Bill on Wednesday the 26. of this Instant April foregoing, did now forbear to oppose the passing of the new Proviso added unto it, or else that the Clerk was mistaken in the entrance of it; for it seems here, by the Original Journal Book, that this Proviso passed nullo dissentiente.
Nota, That this Proviso here named, to have passed the House this day, was part of that Bill for the Supremacy, to which her Majesty gave her Royal Assent; And is the first Statute Printed inter Statuta an. 1. Regin. Eliz. And it is as true, that there was a former Bill touching the Supremacy, which the two Houses labored long about, although it seemeth it came afterwards to nothing. And the Bill (to which this foregoing Proviso was annexed) was received in its stead: Yet because the mature deliberation and long debatement of the two Houses therein may appear, it will not be amiss to make some observation upon it; for the said former Bill having first past the House of Commons (as appears by the Original Journal Book thereof, fol. 193. b. ) on Saturday the 25. day, was sent up to the Lord's on Monday the 27. day of February foregoing; and had with them its first reading on Tuesday the 28. day of the same Month; And on Monday the 13. day of March, the said Lord's having given it a second reading, did, notwithstanding that it had passed the House of Commons, refer it to divers Committees there named; who did, it seems, add divers Provisoes thereunto, containing the substance of a new Bill to be annexed to the old Bill, and which with it made but one Act or Statute, and had its first reading on Wednesday the 15. day, and its second reading on Thursday the 16. day of the same Month, and on Saturday the 18. day thereof. Also both the old Bill sent up from the House of Commons, and the Provisoes and Amendments annexed unto it, in nature of a new Bill, were tertia vice lect. and passed the Lord's, notwithstanding the malicious opposition of divers Popish Bishops, although this Bill did, upon the matter, declare no more than the Antient Kings of this Realm had always aimed at; which said new Provisoes and Amendments, being in the nature of a new Bill, were the same day sent down to the House of Commons, with their old Bill; where the said Provisoes and Alterations, added by the Lord's, had their first reading on Monday the 20. day, their second on Tuesday the 21. day, and their third on Wednesday the 22. day of the aforesaid March preceding; and the said old Bill, touching the Supremacy, with those new provisions and alterations annexed to it, and now passed also by the House of Commons, were the same Forenoon returned up again unto their Lordships, with a new Proviso added by the said Commons thereunto; which said new Proviso was then read also, prima, secunda, & tertia vice, and passed in the Upper House.
But whether the many new Additions and Alterations in this foregoing Bill, had made some confusion in it, or that the House of Commons disliked that their Bill formerly passed with them, had received so much reformation in the Upper House, or for what other cause I know not; most certain it is, that they had no desire the said former Bill should be made a perpetual Law by her Majesty's Royal Assent; and thereupon, they framed a new Bill to the like purpose, (in which I suppose they included also the substance of all the Additions, Provisoes, and Amendments, which the Lord's had annexed to their former Bill) which had its first reading in the House of Commons, (as appears by the Original Journal Book of the same House fol. 207. a. ) on Monday the 19. day of this Instant April, being thus entitled (much differing from the title thereof here annexed, or after added, before the Printed Statute,) viz. The Bill to avoid the usurped power claimed by any Foreign Potentate in this Realm, and for the Oath to be taken by spiritual and temporal Officers. After which, it had its second reading on Wednesday the 12. day, and its third reading on Thursday the 13. day of the same Month, where also it is entered with this new title, viz. The Bill for restoring the spiritual Jurisdiction to the Imperial Crown of the Realm, and abolishing Foreign Power: And in the inner Margent of the said Journal Book, fol. 203. a. over against the beginning of the said title, is written Judicium Assent. which showeth, that upon the said third reading, it passed the House; after which, on the next day following, being Friday, it was, with three other Bills, sent up to the Lord's; And on Saturday the 15. day of the said April, it was read prima vice in the Upper House. And on Monday the 17. day thereof next ensuing, it was read there secunda vice, and thereupon committed to divers Peers, (as the former Bill in this great and important cause had been before refer'd to Committees on Monday the 13 th day of March preceding) although it had been sent up from the Commons, and had passed their House in such manner and form as the present Bill had been passed by them. And as to that said former Bill, so to this also, (as it is easy to be gathered) did the Lord's Committees make some addition, although but of one new Proviso, which was read prima & secunda vice, on Tuesday the 25 th day of this Instant April; after which, both the Bill itself, and that new Proviso, had their third reading, and passed the Upper House on Wednesday the 26 th day of the same Month; and the said Bill, with the said new Proviso, written in Parchment, were at the same time sent down to the House of Commons by Serjeant Weston, and the Queens Attorney, where the said new Proviso, added by the Lord's, was passed, and the Bill returned again from them unto their Lordships on Friday the 28 th day of this Instant April, with another new Proviso added by them, although, through the great negligence of ..... Scymour Esq, now Clerk of the same House, there be no mention at all of the sending down of the said Proviso, passing it, or adding of the new Proviso, but only of the returning the same to the Lord's Apr. 27. in the Original Journal Book of the same House. To 〈◊〉 new Proviso also, it should seem, the 〈◊〉 gave three readings this present day, and so passed it. And it is probable, that it happened only through the error of Francis Spilman Esq, Clerk of the Upper House, that the said Proviso is set down to have been read only tertia vice, this Instant Saturday, the 29 th day of April.
The Bill also limiting the times for laying on Land Merchandises from beyond the Sea, and touching the Custom of Sweet Wines, and the Bill for the continuance of certain Statutes, were each of them read prima vice.
The Bill touching Hexham and Hexhamshire in the County of Northumberland; and the Bill, whereby the use or practice of Inchantments, Witchcrafts and Sorceries is made Felony, were each of them read secunda vice.
Three Bills were brought up to the Lord's from the House of Commons, of which the first Bill set down in the Original Journal Book to have been brought up as aforesaid, is thus entitled, viz. An Act for Uniformity of Common-Prayer and Service in the Church, and the Administration of the Sacraments, conclus. which doubtless was so entered, through the negligence of Francis Spilman Esq at this time Clerk of the Upper House. For it is plain, that no such Bill was remaining at this time in the House of Commons, and that only two other Bills, the one to annex to the Crown certain Religious Houses, &c. and the other touching the Garbling of Feathers, &c. were sent up by Mr. Vicechamberlain, as is there set down, fol. 213. a. which two Bills are also set down in the Original Journal Book of the Upper House.
For this Bill touching the Unity of Service in the Church, &c. was passed in the House of Commons upon the third reading, on Thursday the 20 th of this Instant April foregoing, as appears by the Original Journal Book of the same, fol. 210. a. and was from thence sent up to the Lord's on Tuesday the 25 th day, and was read prima vice on Wednesday the 26 th , and secunda vice on Thursday the 27 th of this foresaid April preceding, and lastly it had its third reading, and passed the House on Friday the 28 th day of the same Month, although it were opposed by the Archbishop of York, the Marquess of Winchester, the Earl of Shrewsbury, Viscount Montague, the Bishop of London, the Bishop of Eli, the Bishop of Worcester, the Bishop of Landaff, the Bishop of Coventry and Lichfield, the Bishop of Exeter, the Bishop of Chester, the Bishop of Carlisle; the Lord Morley, the Lord Stafford, the Lord Dudly, the Lord Wharton, the Lord Rich, and the Lord North.
In which may there still be observed the obstinacy and boldness of the Popish Bishops, who opposed all things that tended but to the least reformation of Idolatry and Superstition, or abolishing the usurped authority of the Bishop of Rome (it seemeth that the Abbot of Westminster was now absent, because his negative voice, which was never wanting, is not here mentioned.) Of the temporal Lord's, the most settled to Popery seem to have been the Viscount Montague and Earl of Shrewsbury; but as for the Marquess of Winchester, and these other six Barons, they are seldom mentioned to have opposed, either the Act for restoring the Supremacy, or any other touching Ecclesiastical matters, except this only, concerning the Book of Common-Prayer; the reformation of which, being so little differing from the old form (as that it hath given, and yet doth give occasion of offense and stumbling to many weak ones amongst us) it is the more to be marvelled at, that so many should oppose it: and the rather also, because most of the Papists of England did come to our Church, and heard Divine Service ordinarily, till the eleventh Year of the Queen, when the Bull of Pope Pius Quintus enforced not only their willful and obstinate separation, but drew on and necessitated many of those Laws which were afterwards made against them, an. 13. an. 23. & an. 27 Reg. Eliz.
The Bill lastly, to continue the Act last made against Rebellious Assemblies, was read tertia vice & conclusa, and delivered to M r Vaughan, and the Clerk of the Crown, to be carried to the House of Commons.
The Parliament continued until Monday, the first of May at nine of the Clock in the Forenoon. Then the Bill for the preservation of Spawn and Fry of Fish, The Bill limiting the times of laying on Land Merchandises from beyond the Seas, and touching Custom for Sweet Wines, And the Bill for the continuation of certain Statutes, were each of them read the second time.
The Bill lastly to make good Leases, Grants of Offices, and Copyhold Lands, made by Nicholas Ridley, late Bishop of London, was read tertia vice, & rejecta.
Then the Parliament continued till two of the Clock in the Afternoon of the same day, about which hour, the Lord Keeper, with divers other Lord's Assembling, one Bill of no great moment was read primavice, which was, for the Garbling of Feathers and Flocks to be sold in Beds and Cushions.
Then the Parliament continued till next day at nine of the Clock in the Forenoon, at which time the Bill for Garbling of Feathers was read the second time.
Two Bills also had each of them their third reading, and passed the House, of which one being the Bill for laying on Land Merchandize from beyond the Seas, and touching Custom for Sweet Wines, was sent down to the House of Commons, by Weston, Serjeant at Law, and the Clerk of the Crown.
The Bill lastly, to annex to the Crown certain Religious Houses, &c. was read prima vice.
Six Bills were brought up to the Lord's from the House of Commons, of which the third being the Bill that the Queens Majesty by Commission may examine the Causes of deprivation of spiritual persons, and restore them again, And the fifth for continuing the making of Woollen Cloaths in divers Towns in the County of Essex, were each of them read prima vice; And the sixth and last was, the Bill that Timber shall not be felled to make Coals for burning of Iron.
Then the Parliament continued till Wednesday the 3 d of May at nine of the Clock in the Forenoon, at which time, five Bills of no great moment, had each of them one reading, of which the first was the Bill that Timber shall not be felled to make Coals for burning of Iron; The second for continuing the making of Woollen Cloths, in divers Towns in the County of Essex; The third, that the Queens Majesty by Commission may examine the deprivation of spiritual persons, and restore them again; And the last, being the Bill to annex to the Crown certain Religious Houses, and to reform certain abuses in Chantries, were each of them read secunda vice.
The Parliament continued till Friday May the 5 th at eight of the Clock in the Morning. And then the Bill that Timber shall not be felled to make Coals for the burning of Iron, The Bill for continuing the making of Woollen Cloth in divers Towns in the County of Essex, And the Bill that the Queens Majesty by Commission may examine the Causes of deprivation of. spiritual persons, and restore them again, were each of them read tertia vice & conclusae.
The Bill lastly to annex to the Crown certain Religious Houses, and to reform certain abuses in Chantries, was read tertia vice una cum tribus provisionibus eidem Billae annexis per Dominos, quae prima, secunda & tertia vice lectae erant & conclus. dissentientibus Archiepiscopo Eboracen. Episcopis Londin. Elien. Wigorn. Landaven. Coven. Exon. Cestren. Carleol. Abbate de Westm. ac Vicecomite Mountagne, & commiss. Magistro Weston Servienti ad Legem & Attornato Reginae in Domum Communent deferend.
Two Bills were brought up to the Lord's from the House of Commons, of which the first was the Bill for the continuance of certain Statutes, with a Proviso added thereunto by the Commons, to which the Lord's would not agree, but sent it down again to be passed by them, leaving out the Proviso. And the second being the Bill for limiting the times for the laying on Land Merchandize from beyond the Seas, and touching Customs for Sweet Wines, was returned conclus.
Then the Parliament continued till the next day at nine of the Clock, at which time the Bill for the preservation of the Spawn and Fry of Fish, was read tertiâ vice, & conclus. communi omnium Procerum assensu, dissentiente Episcopo Elien.; and it was delivered to Sir Richard Read and the Clerk of the Crown in Domum Communem deferend.
The Bill also, that Timber shall not be felled to make Coals for burning of Iron, The Bill for the continuance of certain Statutes, And the Bill to annex to the Crown certain Religious Houses, and to reform certain abuses in Chantries, were returned from the House of Commons conclus.
On Monday the 8 th day of May, the Lord Keeper and divers other Lord's, both Spiritual and Temporal, met in the Upper House, but nothing was done, save only the Parliament continued by the Lord Keeper, which is entered in the Original Journal-Book of the same House, in manner and form following.
Dominus Custos magni Sigilli continuavit praesens Parliamentum us{que} in horam secundam post Meridiem.
About which hour in the Afternoon, the Queens Majesty came in person into the Upper House of Parliament, where were then present to attend her, Sir Nicholas Bacon Knight, Lord Keeper of the Great Seal of England, and divers other Lord's both Spiritual and Temporal, who being all set in their Parliament Robes, according to their several Ranks, in their due places, the House of Commons had notice thereof, and repaired thither with Sir Thomas Gargrave Knight their Speaker; whose Speech to her Majesty, and his very coming up, being wholly omitted in the Original Journal-Book of the Upper House, I have partly before supplied it, according to the usual course, and added also the residue in like manner touching the substance of what he spake, being also partly furthered in the setting down of it out of the Answer of Sir Nicholas Bacon Knight, Lord Keeper of the Great Seal, unto him, whose said Answer I have also caused to be inserted at large, out of a Copy thereof I had by me.
Sir Thomas Gargrave Knight, (before mentioned) with as many of the Knights, Citizens, and Burgesses of the House of Commons as conveniently could, being let into the Upper House, and he placed at the Rail, or Bar, at the nether end of the same, made a Learned Speech to her Majesty (which is termed, in the Original Journal-Book of the House of Commons, fol. 214. b. A Learned Oration) the effect whereof may very probably be gathered to have been as followeth, viz.
He declared unto the Queens Majesty, and that present Assembly, with what care and speed the House of Commons had this present Parliament enacted and passed many good Laws, which remaining yet as a dead Letter and without force, he did humbly desire that her Majesty would be pleased, by adding her Royal Assent unto them, to make them living and active Laws. Then he desired in the name of the House, that her Majesty would be pleased to accept of the good endeavors and desires of the said House of Commons expressed this Parliament in all their proceedings, and more especially, that her Majesty would be pleased to take in good part the free gift of her said Subjects, who in token of their Love and Zeal to her Majesty, did with one assent offer unto her, not only the Subsidy of Tonnage and Poundage, but likewise one Subsidy, and two Fifteens and Tenths, as an undoubted effect and Testimony of their Duty and thankfulness towards her Majesty, for those many blessings and benefits which had accrued to the Church and State by her Highnesses most lawful and just Succession.
Lastly, He concluded with an humble desire that her Majesty would be pleased to accept of his hearty and zealous thanks, in allowing and admitting him, though unworthy, to that place of trust and importance; and to pardon all those weaknesses and imperfections, which he had unwillingly or casually discovered in the Execution of it.
To which said Speech of the Prolocutors, Sir Nicholis Bacon, Lord Keeper of the Great Seal, having first repaired to the Queen, to her Chair of Estate, to know her Majesty's pleasure, as in her name and by her Command returned him this wise and large Answer.
M r Speaker, The Queens Majesty hath heard how discreetly and wisely you have declared the proceedings of this Session in the House of Commons, for Answer whereunto, and for the better signification to be made to my Lord's of the Upper House, of the Judgment of the Parliament men, and these Parliament matters, her Majesty's pleasure and Commandment is, that I should open and utter unto you three things; The one is, what her Highness understandeth, by your doings this Parliament, of your wisdom and diligence. The second, what of your liberality and benevolence; and therewith, how comfortable the former is, and how thankful the second. The third, what her Highness would you should do for the good Execution of the Laws devised by you, and of the rest heretofore devised by others. And here, my Lord's and Masters all, albeit in laboring to bear this burden I am much more like to fall, than but to faint under it, because neither am I able to perform it as the Queens Majesty hath commanded it, nor as your deserts justly crave it, nor as my will wisheth, and desireth it. Nevertheless my trust is, that you will pardon my weakness and want, so as no note of arrogancy or folly be ascribed to me for it; seeing as you know by duty driven I do it. I had rather, and I know it much better for me to be silent, and so to have no need of your pardon, than by Speech to all your pains in hearing, and to mine also in speaking, to deserve to pray it; if mine Office would suffer.
But now to the matter, For the first part wherein her Majesty considereth, how in the debating of the great and weighty Causes of this Parliament, we have banished all sudden, rash, and swift proceedings (dangerous Enemies to all good Counsel) and in place thereof have taken such convenient leisure, as the weightiness of the matters of their better consideration hath required. And again, what freedom of Speech hath been used and permitted, for the plain Declaration of every man's knowledge and Conscience; yea, and how men in some Cases and some places, have been rather by gentle persuasions provoked, than by any sharp manner of Speech, by men of Council, dissuaded therefrom; and therewith also, how learnedly and cunningly, the disputable matters, being of moment, have been agreed and reasoned; how gravely and deeply weighed and considered; how advisedly and considerately resolved and concluded; and lastly, with what nigh and universal consent, they have been by you enacted and established. Besides also, remembering your great Studies, and endeavors, and diligences, for the opening and declaring what may be said Pro & contra, in all causes of doubts, to the end (as it seemeth to her Highness) that when all was said, and heard on both parts, that by any of your could be infer'd, or produced, That that which should thereupon for all respects appear to stand most with the Honor and Glory of God, and the common Wealth of the Realm, might be the better and more safely agreed upon and determined; When her Majesty, I say, remembereth and considereth these things, she saith, she cannot but much commend, and allow your wisdom and diligence therein, greatly to her comfort and consolation, and much to all your praises and commendations. For now her Majesty verily trusteth, that like as no manner of determination in Parliament, neither can nor ought by any private Man, to be infringed or undone; so these determinations of yours, in this form begun, proceeded and concluded, cannot hereafter justly, no not by words, be impugned or gainsaid; for seeing all men have thus at leisure, and with liberty upon the making of these Laws frankly declared their opinions and knowledges likewise, as learned men; so the Laws being made and past, her Majesty doubteth nothing but that they will, like good, humble, and obedient Subjects, willingly, and humbly submit themselves to the Law as to Life. And the rather also, because that no Man in the obeying of Laws made at this Sessions, being of the greatest moment, should thereby be forced any otherways to do, than either himself hath by Law already done, or else others have before this time done, whom both for wisdom, virtue, and learning, it shall not be unseeming to any man here (be it spoken without offense) to follow and take Example of: And thus much for the first part.
For the second part, which concerneth your liberality and benevolence, her Majesty hath commanded me to say unto you, that your wise and grave Consideration, had and used in the granting of a present aid and relief, towards the relieving and discharging of the present charge wherewith the Realm, at the time of her coming to the Crown, was and yet is charged, is by her Highness taken in thankful part, and so is the restitution of the continual Revenue, as some Supplement towards the maintenance of the continual charge of late time grown to the Crown, as you have heard, and of necessity to be continued, as well for the surety of you all, as for the Confirmation of the whole Estate. And here, my Lord's and Masters all, I take it to be my duty, to do you to understand, of certain noble and princely observations, and considerations had by her Highness of these your doings, much surely to all your Comforts; whereof one is, in that she forgetteth not that these grants be made, not by Subjects that have been a long time free from all manner of Taxes, Loans and Subsidies, and so well able to bear this burden; but by Subjects, (much to her grief when she thinketh of it,) that have been well nigh continually charged with these things, to the universal impoverishing of the whole Realm, and no ways to the strengthening, amending or honoring of the same; but rather to the weakening, decaying, and dishonoring of the same; whereby it is evident, yea too evident (if it pleased God otherwise) that these supplies are to be born, not of your superfluities, but rather of your necessities; Marry of necessity also to withstand a greater necessity, which otherwise might touch you and yours in surety.
The second Observation is, your readiness and willingness in granting, whereof her Majesty maketh a very great account, perceiving thereby, that neither warm words, nor yet earnest nor long persuasions used amongst you, have drawn you to this, but that the same hath rather been by you willingly, readily, and frankly offered, than by any of the means above remembered; and that these your grants have altogether proceeded from the benevolent minds, and hearty affections, that you bear to your Sovereign Lady and Country: which benevolence and affection her Majesty accepteth, and taketh for the greatest benefit, and most precious Jewel, that a Subject can present to his Sovereign; and, to be short in this matter, if Bis dat qui cito dat be a true saying, you deserve great Commendation for your small staying hereunto. Also her Highness addeth a third, that is, a generality and consent of their Grant, knowing with what difficulty and diversity of Opinions in sometimes past, these things have been brought to pass. It is a certain and infallible ground, that every good thing, the greater it is, the better it is. Now this unanimity in consenting, being (as undoubtedly it is) a good thing, hath not her Majesty (trow you) good cause to rejoice in the universality thereof? yes surely, and thanks you therefore accordingly. To make an end of this part, her Highness hath specially commanded me to say unto you, that when she calleth to remembrance what you have granted, who hath granted, and the form of granting; she finds herself earnestly disposed, if your Sureties and the State would so suffer, as freely to remit these Grants, as you did gladly grant them. And where in times past, long and vehement Orations and persuasions have been in these Cases used, to such as occupied your places, for the great diligence, and careful circumspection to be had for the true levying of that which hath been granted, for that the common numbers respect altogether themselves as private men, and not themselves as members of the whole body, whereby against all reason and right, the Realm hath been often defrauded of the greatest part of the benevolence granted: This notwithstanding, her Highness hath willed me herein to use few words, and only for t his respect, lest else those which have shown such liberality and benevolence in granting, might seem to be suspected by her, either of fidelity or diligence in levying; whereof she thinketh herself assured, and thereupon reposing her trust, she doubteth nothing, but by your good service, these things shall be as truly answered as they have been freely granted; and that this faithful trust, thus reposed by her Highness in your true service, shall serve her to better purpose, than any words that could be spoken by me on her Majesty's behalf. And besides, she thinketh, (which is much to be noted surely,) that it were better to adventure the loss of a great part of that she taketh herself assured of, than your benevolent minds, I mean, by speaking one word too much.
Now to the third and last, which containeth the Queen's Majesty's pleasure for the well Executing of Laws. Here, my Lord's and Masters all, remembering your Wisdoms and Fidelities, albeit that it be not much needful to put you in mind, to how small purpose good Laws serve, being not daily and diligently executed; yet, because the ancient Order hath been, that somewhat at this time should be said for your remembrance in these matters; therefore it is thought meet, that I should trouble you with a few words. I am sure you all judge, if a man would be very diligent to provide Torches to guide him in his going by night, and yet would be negligent in lighting any of them when he goeth in the dark, he should show a notable piece of folly, much like to a man that seeketh to cleanse his Garden and grounds from Weeds and Briers, he carefully provideth many sharp Tools and Instruments for that purpose, and when he hath so done, layeth them fair up in a House without occupying of them; and is it not great fondness (trow you,) for men to use their endeavors to make good Laws, to govern men's doings, and to weed out those that be evil in the Common-Wealth, and thereupon to bind them fair in Books, and to lay them up without seeing to the Execution of those Laws? Yes, surely. Wherefore ye see, that as there hath been used by you great wisdom and discretion, in devising of some, so it is very necessary that like diligence and pains be taken by you and others, to see the good Execution of all; the effect of which charge consisteth principally in three points; The first is, Conservation of the Queens Peace. The second, in Administration of Justice between Subject and Subject. And the Third, in the observation of one uniform Order in Religion, according to the Laws now Established.
For the first, ye are to foresee all manner of Frays, Forces, Riots and Routs, and the discovering and repealing in time of all manner of Conspiracies, Confederacies and Conventicles; and in this part also you are to provide for the swift and speedy appeasing of all manner of Tumults, stirs and uproars, (if any happen) and for the diligent searching out, and severe punishment of all manner of Felonies, Burglaries, and all other like Enormities; Matters (as you know) against the Queen's Majesty's Peace, Crown and Dignity; for the well doing whereof, two things are chiefly to be eschewed; The one is, slothfulness, the other is uncarefulness: for how can Justice banish these Enormities, where her Ministers be so slothful, that they will never creep out of their Doors to any Courts, Sessions, or Assizes, for the due Administration thereof, except they be drawn thereunto with some matters of their own; nor cannot endure to have their Ears troubled with the hearing of Controversies of their Neighbors, for the good appeasing of the same; or how can the uncareful man, that maketh no account of any of the common causes of his Country, but respecteth only his private matters and Commodities, become a just and diligent searcher out, follower and Corrector of Felonies, Murders, and such like common Enemies to the Common-Wealth? And yet true it is, that such careless and slothful men do daily color and cloak these their faults with the title of Quietness; Coveting to be counted good and quiet men, where indeed they seek only ease, profit, and pleasure to themselves, and that to be sustained and born by other men's cares and labors, as Drones do amongst Bees; But if every man should do so, who seeth not but things would shortly come to ruin in default of Order? for they may easily judge, that it is madness to seek the conservation of any particular Member, and to suffer the whole body to decay; but being well served by some men's opinions, as they care for none, so should none care for them; or else that better were in mine opinion, they should be used by men, as Drones be used by Bees. And thus much for the first part.
For the second, you are to provide, that all Embracers, Maintainers and Champerties, which be utter Enemies to the due Execution of Justice between Subject and Subject, be neither committed by any of you, nor (as near as you can) be suffered to be committed by any other. A very behooveful matter to be both carefully and earnestly looked unto, as the root and seed of all Justice, and especially if any of these faults light upon any person that hath Authority or Rule in the Country, or hath any office of Justice to execute among the people. Is it not (trow you) a monstrous disguising to have a Justicer a maintainer, to have him that should by his Oath and Duty set forth Justice and right, against his Oath and Duty to offer injury and wrong; to have him that is specially chosen amongst a number by the Prince, to appease all Brablings and Controversies, to be a sower and maintainer of strife and Sedition, amongst them seeking his reputation and opinion, by leading and swaying of Juries according to his Will, acquitting some for Gain, Enditing others for Malice; bearing with him as his Servant, over-throwing the other as his Enemy; procuring all Questmongers to be of his Livery, or otherwise in his danger, that his winks, frowning and countenance may direct all Inquests. Surely, surely, it is true, that these be they, that be subverters and perverters of all Laws and Orders; yea, that make daily the Laws, that of their own nature be good, to become Instruments of mischief. These indeed be they, of whom such Examples would be made, and the founders and maintainers of all enormities; and these be those, whom if you cannot reform for their greatness, yet ought you to complain of their villainies; and thus much for the due Administration of Justice.
And as to the third, which is the Observation of the uniform Order in Religion; you are to endeavor yourselves, to the best of your powers and understandings, drawing together in one line all points, to further, set forth and maintain the same, which by great and deliberate advice here in Parliament hath been established. And here great Observations and watch should be had of the withdrawers and hinderers thereof; and especially of those, that subtly, by indirect means, seek to procure the contrary. Amongst these I mean to comprehend, as well those that be too swift, as those that be too slow; those I say, that go before the Laws, or beyond the Laws, as those that will not follow; for good Government cannot be where Obedience faileth, and both these alike break the Rule of Obedience; And these be those, who in likelihood should be beginners, and maintainers, and upholders of all Factions and Sects, the very Mothers and Nurses to all Seditions and Tumults, which necessarily bring forth destruction and depopulation; of these therefore great heed would be taken, and upon these being found, sharp and severe Correction (according to the Order of Laws) should be imposed; and that in the beginning, without respect of persons, as upon the greatest adversaries that can be to Unity and Concord, without which no Common-Wealth can long endure and stand; whereupon (you know) all our standing and falling wholly consisteth, and the surety of our Sovereign. Also a matter most marvelous, that Laws whereby men possess all that they have, and their lives also, should not be able to direct men's actions so, as thereby all Factions and Sects, founded for the most part either upon Will, or upon the Glory of men's Wits and Inventions, should not sufficiently be repressed.
Now, for the handsome bridling of the factions of men, I see not that a better way can be taken, than is used by the Horse-Master, who provideth for the good Government of his Horse, Bit, or Brakes, according to the tenderness or hardness of his Mouth, whereunto he addeth a certain and well-taught hand. And like as it is very well to be allowed, that none other Bit or Brake should be provided for these Factious Folks, than by the Laws be forced; so were it meet that any of that kind, be it never so sharp, should not be omitted, if the cause so requireth; and this would be executed by a certain and well-taught hand; for it cannot be, but the winking or withdrawing from meddling in this matter, or the remiss or loose handling thereof, must of necessity over-throw in time the whole fruits of all your Labors, and put yourselves, your Country, and the Queens Majesty also, in peril, (whom O Lord preserve!) which being warned, you may easily foresee and provide for. And this is all that at this time I have to say. And therefore, here to make an end, her Majesty is contented, according to your Petition, to grant her Royal Assent to such Ordinances and Laws, as have been devised and agreed upon by you, in such order and form, as by the Clerk of the Parliament, according to the ancient Order, shall be read and declared. I have said.
After the Lord Keepers Speech was ended, the Queen's Majesty did doubtless give her Royal Assent to such Acts as passed at this Session; but neither the foresaid Speech, nor the passing of the said Acts, are at all mentioned in the Original Journal-Book of the Upper House, and therefore, as the said Speech was transcribed out of a Copy thereof I had by me, so is the manner of her Majesty's giving her Royal Assent to such Acts as now passed, supplied here, according to a pattern or Platform thereof set down in the Original Journal-Book of the same House, in an. 39 Regin. Eliz. which may very well serve in this place, in respect that matters of form and course do seldom or never differ.
The Clerk of the Crown standing up, did first read the Titles of all the public Acts, to everyone of which, allowed by the Queen, the Clerk of the Upper House read these French words following, viz.
La Roigne le veult, i. e. The Queen wills it.
Then were read the Titles of all the private Acts, to each of which that passed, the said Clerk of the Upper House read the Queens Answer in these French words following, viz.
Soit faite come il est desire, i. e. Be it done as it is desired.
These two last Answers to the public and private Acts that pass, are to be written by the said Clerk, at the end of every Act.
To such Acts as her Majesty did forbear to allow, the Clerk of the Upper House read in these French words following, viz.
La Roigne s'advisera, i. e. The Queen will advise upon it.
Then in the third place, after the Titles of all the public and private Acts were read, and the Answers to them as aforesaid, then the said Clerk of the Crown standing up, did read the title of the Bill of Subsidy, and then the Clerk of the Upper House standing up likewise, did read the Queens Majesty's Answer in manner and form following, viz.
La Roigne remercye ses loyaulx subjects, accept leur benevolence, & aussi le veult, i. e. The Queen thanks her loyal Subjects, accepts their benevolence, and also wills it.
The said Clerk having read the Queens acceptance, and thanks for the Subsidy given, as aforesaid, did then upon the reading of the Title of her Majesty's Pardon, by the Clerk of the Crown as aforesaid, pronounce in these words following, the Thanks of the Lord's and Commons for the same.
Les Prelates, Seigneurs, & Communes, en ce present Parliament assembles, an nom de touts vous autres subjects, remercient tres humblement vostre Majesty, & prient à Dieu, vous donner en sante bonne vie & long, i. e. The Prelates, Lord's and Commons in this present Parliament Assembled, in the name of all your other Subjects, most humbly thank your Majesty, and pray to God to give you, in health, a long and happy Life.
The manner of her Majesty's Royal Assent being thus transcribed, according to the Pattern of the said President, in the end of the Original Journal-Book, an. 39 Regin. Eliz. now followeth the Dissolution of this present Parliament, by Sir Nicholas Bacon Knight, Lord Keeper, upon her Majesty's Commandment, which is entered in the Original Journal-Book of the Upper House in manner and form following.
Nicolaus Bacon miles, Dominus Custos magni Sigilli ex Mandato Dominae Reginae tune present is praesens hoc Parliamentum dissolvit.
The Acts being thus passed, her Majesty retired, and put off her Parliament Robes, and so returned to her Court at Whitehall.
Nota: That Francis Spilman Esq at this time Clerk of the Upper House, did after the Parliament ended, transcribe out all such Acts as passed, and certified them into the Rolls, and did, at the end of every public Act, transcribe the French words ensuing:
La Roigne le veult. Being the same words which the Clerk of the Upper House doth usually, and now did pronounce, in the same House upon her Majesty's allowance of each public Act, as aforesaid.
But as for the private Acts, there was some more and greater Ceremony observed in the transcribing and Certifying of them into the Rolls, by the said Clerk of the Upper House, which (although it be omitted in the end of the Original Journal-Book of this present Parliament, an. 1 Regin. Eliz. yet) I have caused to be supplied, according to the form of a draught thereof set down in the end of the Original Journal-Book of the Upper House, an. 39 Reginae ejusdem, which may very well serve to be supplied, and added unto the end of this present Journal; in respect that matters of form do seldom or never differ, in which I have only caused the direct times and persons to be sitted to this said foregoing Journal. At the head therefore of every such private Act, so certified into the Rolls as aforesaid, was doubtless written in Latin as followeth.
In Parliamento inchoat. & tent. apud Westm. die Jan. An. Regni serenissimae at{que} excellentissimae Dominae nostrae Elizabethae, Dei grat. Angl-Franc. & Hib. Regin. fidei defensor. &c. Primo, & ibidem continuat. us{que} ad & in Octavam diem Maii tunc prox. sequent. communi omnium Dominorum tam spiritualium quam temporalium & communitatis consensu & Regiae Majestatis tunc praesentis assensu, inter alia sancitum, inactitatum, ordinat. & stabilitum suit sequens hoc statutum ad verbum ut sequitur, viz.
And at the foot, or end of every such private Act, were these ensuing words in Latin likewise added, as the said foregoing president doth very certainly infer.
Ego Franciscus Spilman (who was Clerk of the Upper House in the first Year of Queen Elizabeth) Armiger, Clericus Parliamenti, virtute brevis supradict. dominae nostrae Reginae de Certiorand. ntihi direct. & hiis annex. certifico superius hoc scriptum verum esse tenorem Actûs Parliamenti supradicti in eo breve express. In cujus rei Testimonium Sigillum nomen{que} meum apposui at{que} subscripsi. Dat. die Anno Regni supradict. dominae nostrae Reginae, &c.
THE JOURNAL OF THE House of COMMONS.
A Journal of the Proceedings of the House of Commons in the Parliament holden at Westminster, An. 1 Regin. Eliz. An. Dom. 1558. beginning there after one Prorogation of the same, on Wednesday the 25 th day of January, and then and there continued until the Dissolution thereof, on Monday the 8 th day of May An. Dom. 1559.
THIS Journal of the first Parliament of her Majesty. is not only stored with many good passages touching the ordinary reading, committing and expediting of Bills, but also with much extraordinary matter concerning the private privilege of the House, and public state of the Church, and Common-Wealth; which in this great Council of the Kingdom received much alteration and change, to the yet lasting honor and welfare of them both. In which also (as in the preceeding Journal of the Upper House) I have enlarged and supplied many things in matter of form, which are not found in the Original Journal-Book of the same House, touching the Writ of Summons, the preferring, reading, and passing of Bills, with the committing and sending of them up to the Lord's, and such like. Neither doth there want much enlargement out of Record, or otherwise, concerning the Election, Presentments, and Petitions of the Speaker, with all other things that are materially worthy of any Animadversion, or Annotation; which matters of Form or Explanation, I did the rather cause to be inserted in this first Journal of the Parliament, during her Majesty's Reign, that so I might the better omit it in the following Journal, and have ready recourse hither unto it, being all framed into one structure or body in this present Journal, prout sequitur.
Sir Nicholas Bacon Knight, Lord Keeper of the Great Seal, having received her Majesty's Warrant for the making and Issuing forth of the Writs of Summons, did speedily cause them to be directed to such Peers and others, as were to attend in the Upper House, and to the several Sheriffs of England, for the Election and Choosing of the Knights, Citizens, Burgesses and Barons, that were to be present in the House of Commons. And although, neither anything of this which hath preceeded, nor any Copy of the Writ sent to each Sheriff, be at all inserted into the Original Journal-Book of the House of Commons; yet as I have supplied that matter, which preceedeth, according to the form thereof, which was at this time used, and hath been since continued, so I have thought it not amiss, once for all, to add here also the Copy of the Writ at this time sent forth, which hath since received no alteration, and was as followeth.
Elizabetha Dei gratiâ Angl. Franc. & Hib. Regina fidei defensor, Ambrosio Jermyn Militi, Vicecomiti Norff. & Suff. salutem; Quia de avisamento & assensu Concilii nostri pro quibusdam arduis & urgentibus negotiis Nos, statum & defensionem regni nostri Angl. & Ecclesiae Anglicanae concernen. quoddam Parliamentum nostrum apud Civitatem nostram Westm. Vicesimo tertio die Januarii prox. futur. teneri ordinavimus, & ibidem cum Praelatis, Magnatibus, & Proceribus dicti Regni nostri Colloquium habere & tract. Tibi praecipimus firmiter injungentes quod fact â Proclamat. in prox. Comitat. tuo post receptionem hujus brevis nostri tenend. die & loco praedict. duos Milites gladiis cinct. magis idoneos & discretos Comit. praedict. & de qualibet Civitate Com. illius duos Cives, & de quolibet Burgo duos Burgenses de discretior. & magis sufficientibus libere & indifferenter per illos qui Proclam. hujusmodi interfuer. juxta formam statutarum inde edit. & provis. legi, nomina corundum Milit. Civium, & Burgensium sic electorum in quibusdam indentur. inter te & illos qui hujusmodi electioni interfuer. inde conficiend. sive hujusmodi elect. praesentes fuerint vel absentes, inseri, eos{que} ad dict. diem & locum venire fac. ita quod iidem Milites plenam, & sufficientem potestatem pro se & Communitate Comit. praedicti, ac dict. Cives & Burgenses, pro se & Communitat. Civitatum & Burgorum praedictorum divisim ab ipsis habeant, ad faciendum & consentiendum his quae tunc ibidem de Communi Concilio dicti regni nostri (favente Deo) contigerint ordinari super Negotiis antedictis, it a quod pro defectu potestatis hujusmodi seu propter improvidam electionem Milit. Civium, aut Burgensium praedictorum, dicta Negotia infecta non remaneant quovismodo. Nolumus autem quod tu nec aliquis alius Vic. dicti regni nostri aliqualiter sit electus, Et Electionem illam in pleno Comitatu factam, distinct & aperte sub sigillo tuo & sigillis corum qui electioni illi interfuerint, Nobis in Cancellar. nostram ad dict. diem & locum certifices indilate, remittens nobis alteram partem Indenturarum praedictarum praesentibus consut una cum hoc breve. Teste meipsa apud Westmonasterium, Quinto die Decembris, Anno Regni nostri Primo.
Nota, That this is not the direct Copy of any Writ, that I saw sent at this very time, but only applied to this time, according to the usual form of a like Writ, which also doth serve to discover all the Writs sent to the several Sheriffs of England, differing only from this in the name of the Sheriff and County.
And in the said Writ foregoing it is to be noted, that the words Supremum Caput Ecclesiae Anglicanae, were wanting, which had been omitted also in the foregoing Parliament of her Sister Mary, which notwithstanding it was afterwards agreed in the House, on Friday the third day of Feb. following, that the Writs of Summons were well sent forth and returned, and that the Parliament ought to hold accordingly.
In the Antient Writ also of Summons the cause of the Assembling of the Parliament was expressed, which at this day is not. Neither was there then any such clause in the Writ, as in this foregoing doth appear; viz. Nolumus autem, quod tu nec aliquis alius Vicecomes dicti regni nostri aliqualiter sit Electus: By reason of which words, some have conceived that the Sheriff of any County ought not to be Elected, or admitted a Member of the House of Commons.
But to this it may first be truly answered, that these words were primarily inserted into the said Writ, by virtue of an Ordinance only made to that end upon some special Occasion in the Parliament held in an. 46 Regis Ed. 3. as appears in the Parliament Roll of that Year, numero 13. remaining with divers others in the Tower of London; By which said Ordinance also Lawyers were as well excluded as Sheriffs.
Secondly, the constant practice in most times since doth sufficiently prove, of how little validity the said Ordinance of Parliament was conceived to have been, for the debarring of the said Sheriffs from being Members of the House of Commons. For the proof whereof I have only vouched such as fell out during her Majesty's Reign, viz. in an. 27 Regin. Eliz. Decemb. 21. Tuesday, Ed. Leigh Esq being returned and admitted into the House of Commons, as one of the Knights for the County of Stafford, was afterwards Elected to be Sheriff of the same Shire. In like manner Feb. the 23. Tuesday, Sir Edward Dimock Knight, was both Sheriff of the County of Lincoln, and a Member of the House of Commons, as appears in the Journal ensuing, in an. eodem 27 Regin. Eliz. So also in the Parliament, de an. 31 Regin. Eliz. Feb. 21. Friday, M r Saint Pole served as one of the Knights for the County of Lincoln, being also Sheriff of the same Shire. And lastly in the Parliament, de an. 43 & 44 Regin. Eliz. Decemb. 2. Wednesday, Peter Frechevile Esq was returned one of the Knights for the County of Darby, being afterwards appointed Sheriff of the same County, as was also Robert Lhuyde Esq constituted Sheriff of the County of Merioneth in Wales, having been formerly returned Knight for the said Shire, as appeareth in the Journal of the same Parliament, on Tuesday the 8 th of Decemb. In and by all which Presidents it doth appear, and may probably be gathered, that neither her Majesty, nor the House of Commons did conceive these two places to be incompetible, but that they might well stand and be in one and the same man, at one and the same time. For her Majesty did first make these foregoing persons Sheriffs of the several Counties aforesaid, not only after they were chosen, but returned also Members of the House of Commons, by which it is very plain she could not be ignorant of it; and therefore herself, and the said House, did both allow of their being made Sheriffs, as a thing well agreeing with the Privilege of their former places, and the service of that House, and did not therefore give them a final discharge, but only Liberty of recess about their necessary affairs, into the several Counties before-mentioned, as in the Case of Sickness, or some other temporary cause of their absenting themselves from the House, which being expedited, they might return again to that service; for doubtless if the said House had conceived that they had been disabled from their serving there by their new Offices, it would have been ordered, that a Warrant should have been sent to the Clerk of the Crown, to have sent down a new Writ into the foresaid Counties, for a new Election to have been made; as in the Case of double Returns, Death, or the like, is used. And whereas in the Parliament de an. 43 & 44 Regin. Eliz. on Wednesday the 4 th day of November, Sir Andrew Nowell being both Sheriff and Knight for the County of Rutland, was wholly discharged, and a Writ sent out, de novo, for a new Election; That Case differed from all the foregoing Presidents, and might well upon another reason, be ordered by the House; For the said Sir Andrew, being Sheriff of the foresaid County of Rutland, was afterwards Elected one of the Knights for the same, and so compelled to return himself, which could not be good in Law. But if the said Sir Andrew had been chosen a Knight of some other Shire, during his Sheriffalty, or had been constituted Sheriff by her Majesty of the said County, after he had been Elected and returned a Member of the House of Commons, the Case had doubtless differed, and the House would never have given Order for a new Writ to have been sent forth; which course they observed in the two before-cited Presidents of M r Frechevile, and Mr Lhuyde in the same Parliament.
Thirdly, if these two places should not be competible, then had it now lain in the Power of her Majesty (or may lie in the power of any Sovereign of this Kingdom) to have disabled as many Members from serving in the House of Commons, as she should or could have constituted Sheriff. She might have disfurnished (or any Sovereign for the time being may disfurnish) the said. House at any time, of all or the greater part of the ablest Members thereof.
Nota also, That those words, viz. Duos Milites Gladiis cinctos, were inserted into the Writ of Summons after the Parliament, an. 13 E. 3. as may be gathered by the Parliament Roll of the same Year.
And whereas some have objected in the foregoing Case, to prove that a Sheriff ought always to be attendant upon the affairs of the County, and cannot therefore be a Member of the House of Commons: the Objection is idle, for till the tenth year of Queen Eliz. the Counties of Nottingham and Derby, and of Warwick and Leicester, had but two several Sheriffs, as were also the Counties of Norfolk and Suffolk, served with one Sheriff until the eighteenth Year of her Majesty's Reign, and so are the Counties of Sussex and Surrey, served this present Year 1630.
And anciently also (as is plain by that MS. Catalogue of all the Sheriffs of England, or the most part, since the time of King H. 2. (which is in many men's hands) divers Counties were committed to one man, as in an. 1 H. 2. Richard Bassett, and Awbrey de Vere, were jointly constituted for Sheriffs of the several Counties of Norfolk, Suffolk, Northampton, Essex, Huntingdon, Cambridge, and Hartford; and Robert Caran joined unto them for the Counties of Bedford and Buckingham. From the Female Coheirs of the foresaid Richard Bassett, being the Ancestor of the House of Weldon in Northamptonshire, are lineally and undoubtedly descended the Families of Chaworth, Stafford, Knyvet, Clinton Earl of Lincoln, the Howards of the House of Suffolk, and Clopton late of Kentwell in the County aforesaid; and from the before-mentioned Awbrey de Vere is lineally descended (as I take it) Robert de Vere the nineteenth Earl of Oxford, now living An. Dom. 1630.
Upon the receipt of the before-mentioned Writ and Election made accordingly, the Sheriffs of every Shire made their several Returns, of which the Form being set down in the old Book of Entries, it shall be needless here to insert them. But now, having supplied these matters of Form, according to the usual Presidents, the next passages follow out of the Original Journal-Book of the House of Commons.
On Wednesday the 23 th of Jan. Anno Regni Regin. Eliz. Primo, The Parliament should have begun according to the Writs of Summons, but by the Queens Commission, directed to Sir Nicholas Bacon Knight, Lord Keeper of the Great Seal of England, the Lord Treasurer and others, to Prorogue the same, until Wednesday the 25 th day of the same Month; it was so done accordingly.
On Wednesday the 25 th day of Jan. The Parliament held and began, according to the last Prorogation thereof; but there is no mention made in the Original Journal-Book of the House of Commons, where or by whom, the Names of the Knights, Citizens and Burgesses of the said House, were called; that so it might be seen who were present: But most certain it is, that at this day they took no Oath, before the beginning of this present Parliament, because that of Supremacy, which was afterwards taken, was not enjoined by Statute till this first year of her Majesty. But most likely it is, that Hen. Fitz-Alan, Earl of Arundell, at this time Lord Steward of her Majesty's Household, did both cause their names to be called in some place near the Upper House, and their Appearance to be Recorded, before her Majesty's coming to the Upper House.
The manner of calling the Names of the Knights, Citizens and Burgesses in former times, did much differ from that which is used at this day, as appears by the Parliament Rolls in the Tower: for in an. 7 R. 2. the Knights and Burgesses were called by name, in presence of the King, which shows they staid without till then; And in an. 2 H. 4. & an. 4 H. 4. they were called by name, in the Chancery at Westminster-Hall, before the Chancellor and the Steward of the Kings House. And in an. 13 H. 4. the said Knights and Burgesses were called at the Door of the Painted Chamber, in presence of the Steward of the Kings House, as the manner is. Only one President differs from all the latter, which is found in the Original Journal-Book of the Upper House, de Anno 33 H. 8. where the Duke of Suffolk, Lord Steward, commanded the Clerk of the Parliament, to read the Names of the Commons, unto which everyone answered, they being all in the Upper House below the Bar; and then the King came.
But at this day they are called by their names by the Clerk of the Crown, in presence of the Lord Steward, in the Court of Requests: and now since the first Year of Queen Eliz. and from the fifth, the Knights, Citizens and Burgesses of the House of Commons (as hath been before observed) do take the Oath of Supremacy, and since the seventh of King James they take the Oath of Allegiance also, which the Lord Steward administers to some, and appoints certain of them his Deputies, to give the same unto the rest. 7 Jac. cap. 6.
These passages touching the Antient and Modern calling of the Knights, Citizens and Burgesses of the House of Commons, being not at all touched in the Original Journal-Book of the same House, but supplied from other Authority; now follows the residue of this days passages out of the foresaid Journal-Book, with some Additions.
Upon the already named 25 th day of January, her Majesty came to the Parliament Chamber, commonly called the Upper House, and being there set, and attended by Sir Nicholas Bacon, Lord Keeper, and divers Lord's Spiritual and Temporal, in their Parliament Robes, the House of Commons had notice thereof, and repaired thither. And being (as many as conveniently could) let in, and silence made, the Lord Keeper of the Great Seal, after an Excellent Oration by him made, containing the urgent causes for the Calling of this Parliament, declared the Queens pleasure to be, that the Commons should repair to their accustomed place, and there to choose their Speaker.
Whereupon, the Knights, Citizens and Burgesses departing to their own House, did there take their several places, and most remaining silent, or speaking very submissively, M r Treasurer of the Queens House, standing up uncovered, did first put the House in remembrance of the Lord Keepers late Speech, and of his Declaration of her Majesty's pleasure, that they should choose a Speaker, and therefore in humble Obedience to her Majesty's said pleasure, seeing others remain silent, he thought it his Duty to take that occasion to commend to their Choice, Sir Thomas Gargrave Knight, one of the Honorable Council in the North Parts, a worthy Member of the House, and Learned in the Laws of this Realm: By which Commendations of his, of the aforesaid worthy Member of the House to their Consideration, he said he did not intend to debar any other there present, from uttering their free opinions, and nominating any other whom they thought to be more fitting, and therefore desired them to make known their opinions, who thereupon did with one consent and voice, allow and approve of M r Treasurers nomination, and Elected the said Sir Thomas Gargrave, to be the Prolocutor, or Speaker of the said House.
The said Sir Thomas Gargrave being thus Elected Speaker, after a good pause made, stood up uncovered, and having in all humility disabled himself, as being unfurnisht with that Experience, and other qualities, which were required for the undertaking and undergoing of so great a Charge, did conclude with an humble Request to the House, to proceed to the New Election of some other more able and worthy Member amongst them.
But the House still calling upon him to take his place of M r Speaker, the before-mentioned M r Treasurer, and M r Comptroller of her Majesty's Household (as may very well be gathered) did rise from their places, and going unto the said Sir Thomas Gargrave, unto the place where he sat, did each of them take him, one by the right Arm and the other by the left, and led him to the Chair at the upper end of the House of Commons, and there placed him, where having sat a while covered, he arose, and so standing bare-headed, he returned his humble Thanks unto the whole House, for their good opinion of him, promising his best and uttermost endeavor, for the faithful discharge of that weighty place, to which they had Elected him. And soon after M r Treasurer, and M r Comptroller repaired to the Queen, to know her Highnesses pleasure, when M r Speaker should be presented to her Majesty, for Confirmation of this Election; and soon after they returned, showing her pleasure was that to be done on Saturday next, at one of the Clock in the Afternoon.
Here it shall not be amiss to add somewhat touching the Election of the Speaker, which, because I find it ready pen'd to my hand, in that elaborate MS. Intituled, Modus tenendi Parliamentum apud Anglos, Written by my kind Friend Henry Elsinge Esq Clerk of the Upper House this present Year 1630. Libr. 1. cap. 7. §. 1. & 2. Therefore I shall without any great alteration here, add it in the next place; and first touching the Antiquity of the Speaker, it is most likely that he began to be when the House of Commons first sat.
For it may clearly be gathered ex Lib. Sancti Albani fol. 207. in Bibliotheca Cottoniana, that in the Parliament de an. 44 H. 3. The House of Commons had then a Speaker. For there Pope Alexander laboring to have Adomar, the Elect Bishop of Winchester, recalled from banishment; the Answer of the Parliament was as followeth: viz. Si Dominus Rex, & Regni majores hoc vellent, communitas tamen, ipsius ingressum in Angliam, jam nullatenus sustineret. Which is Signed and Sealed by all the Lord's, and by Petrus de Mountefortivice communitatis, which shows plainly that he was thire Speaker, for the very same words did Sir John Tiptofte their Speaker Sign and Seal to the Entaile of the Crown, Parl. an. 7 & 8 H. 4.
But it is true, that the first Speaker who is directly named in Record, was in the Parliament Rolls in the Tower de an. 51 E. 3. N. 87. The last day of the Parliament (saith the Records) Sir Thomas Hungerford Knight, Speaker, declared to the Lord's, that he had moved the King to Pardon all such as were unjustly Convicted in the Last Parliament. And that the King willed him to make special Bills for them, which he had done for seven, &c. And therefore it can be no Argument, that the House of Commons had no Speaker, before the 51 th year of E. 3. because no former Records mention him. For this is to be noted, that the Antient Parliament Rolls did record only what Acts passed between both Houses, and what Laws were made, and omitted matters of Form and Ceremony.
There are also divers Parliament Rolls tempore R. 2. that do mention the Presentment of the Speaker, prout in an. 1 Rich. 2. n. an. 2 R. 2. n. 18. 20, 22, & 23 an. 4 R. 2. n. 10, 12, & 13. an. 5 R. 2. n. 10, & 16. & an. 21 R. 2. n. 8, 9, 14, & 15. So also the Speaker is mentioned in the Parliament Rolls, de annis 1, 2, 4, 5, 6, & 11 H. 4. and in the Parliament Rolls of H. 5. H. 6. and E. 4. remaining in the Tower, and in the Parliament Rolls of R. 3. H. 7. remaining in the Chapel of the Rolls in Chancery-lane; and since H. 8. time, the Original Journal-Books of the Upper House of divers of his Years, remain in the Parliament Office, scituate and being in the Palace-Yard at Westminster, at the South Corner thereof; as also the Original Journal-Books downwards to this time; and from the first Year of Ed. 6. to this day, the Original Journal-Books of the House of Commons, are in the Custody, or at the disposing of my kind Friend John Wright Esq Clerk of the same House this present Year 1630.
And now here do, 〈◊〉 the next place, follow certain Observations upon the Election of the said Speaker, transcribed also, with very little alteration, out of the before-mentioned Treatise of M r Elsinge, Lib. & Cap. eodem, & §. 2. in which two Questions are moved.
First, Whether the Commons might choose their Speaker if the King Commands them not?
Secondly, Whether the Election be in their own absolute choice?
For to clear these two we must view the Antient Records; those of R. 2. are the first, that frequently mention the Speaker.
It doth not appear by any of them, that the Commons had ever any such Commandment to choose their Speaker. Neither is there a word of it in any Record of E. 3. which have the Speeches at large, touching the Cause of Summons; most of them concluding with a Charge to the Commons, to consider and advise thereof amongst themselves; but nothing touching the Election of their Speaker: yet out of doubt they did first choose their Speaker, before they entered into any Debate of their Charge.
The first Charge to choose their Speaker is in an. 2 H. 4. and yet it is omitted again in the Parliament 7 & 8 H. 4. but (that only excepted) it is continued from the 2 H. 4. until this day: and the long use hath made it so material, that, without the Kings Commandment or leave, they cannot choose their Speaker, which appears by this, that in an. 31 H. 6. the Parliament being Prorogued, and the Speaker arrested in Execution, in the interim, before the access, the Commons prayed his Enlargement, which, after long Debates of the Privileges of Parliament, was denied. And then certain of the Lord's were sent to the House of Commons, and Commanded them, in the Kings name, to choose a new Speaker; and thereupon they did so. Vid. An Account of this President at the end of this Session, out of Rot. Parl. 31 & 32 H. 6.
And of late Years, in the time of Queen Eliz. the Parliament being Prorogued at two several times, and the several Speakers dead in the interim, before their second access (as shall be more largely declared hereafter in these Journals) the Commons, before they proceeded to any business, acquainted the Lord's therewith, and desired them to intimate the same to the Queen: and so were commanded by her Majesty to choose new Speakers. Ut vide in an. 8 Regin. Eliz. die 1 Oct. & in an. 23 Reginae ejusdem die 18 Jan.
But as touching the second Question, surely the Election of the Speaker was anciently free to the Commons, to choose who they would of their own House, which appears in this, that the King never rejected any, whom they made choice of.
Vide 5 R. 2. The Parliament began 4 Novemb. and the 18 th of Novemb. the Commons came, and presented Sir Richard Walgrave, whom they had chosen for their Speaker, who excused himself, desiring to be discharged. But the King, Lui chargeast del fair sur sa ligeaunce, in as much as his Companions had chosen him; whereby it appears plainly, that the choice was absolutely in their own power.
These Animadversions touching the Antiquity and Election of the Speaker of the House of Commons, being thus inserted from several Authorities; Now follows the Presentment of the Speaker, and her Majesty's allowance of him, out of the Original Journal-Book of the House of Commons, in which many things of Form are also added by myself, and divers Animadversions out of that before-mentioned elaborate MS. Treatise of M r Elsinge's penning, Lib. 1. cap. 7. with some small Additions, or Alterations.
On Saturday, the 28 th day of Jan. about one of the Clock in the Afternoon (to which day and hour the Parliament had been last Adjourned, or continued on Wednesday the 25 th day of this instant Jan. foregoing) her Majesty, Sir Nicholas Bacon, and divers Lord's Spiritual and Temporal were present in the Upper House; which said Lord's, as also her Majesty, had on their several Parliament Robes, of which the Knights, Citizens and Burgesses and Barons of the House of Commons having notice, they repaired thither. Sir Thomas Gargrave was led up to the Rail or Bar, at the lower end of the said Upper House, who submissively excusing himself, he humbly desired the Queens Majesty to free him from that Employment, and to Command her Knights, Citizens and Burgesses of the House of Commons, to Elect amongst themselves some other more able Member, for the discharge of the said place; But notwithstanding these reasons her Majesty signified his allowance by the Mouth of the Lord Keeper.
Nota, That the exeuse of the Speaker is at this day merely formal, and out of modesty. For he first excuseth himself unto the Commons when they Elect him, and afterwards to the Sovereign when he is presented: But anciently, it seemeth they were both hearty and real, or else no excuse at all was made. And the first President of this nature, that is found in Record, is in the Parliament Rolls de an. 5 R. 2. n. 9. die 4 Novembris, where Sir Richard de Waldgrave Knight (the Lineal Ancestor in the Male Line of the several Families of Waldegrave in Suffolk ) being chosen Speaker of the House of Commons, did excuse himself unto the said King, but was charged upon his Allegiance to undertake it, since he was Chosen by the Commons.
The next is in an. 1 H. 4. of Sir John Cheny, who made no excuse at his Presentment. But the next day after, he and they came before the King, and declared his disability to serve, by reason of a sudden sickness, and that the Commons had chosen Sir John Dorewood in his place, beseeching his Majesty to allow thereof; which the King did, and Commanded Sir John Dorewood to be their Speaker. And then the said Sir John Dorewood made the common Protestation for himself and the Commons, but no excuse, N. 63.
The next excuse is in an. 5 H. 4. n. 8. of Sir Arnold Savage, which the King would not allow of. An. 6 H. 4. n. 8. Sir William Sturing made no excuse, and an. 7, & 8 H. 4. n. 9. Sir John Tibtot desired to be excused by reason of his Youth, but the King affirmed the Election; and all other Speakers in H. 4. his time desired to be excused.
Some Speakers also under H. 5. desired to be excused, and some others did not, for it was not constantly observed: but from the sixth year of H. 6. since which time they have all (except two) desired to be excused; yet none were excused, save only Sir John Popham Knight, an 28 H. 6. whom the King discharged, and thereupon the Commons chose and presented William Tresham Esq who made no excuse, neither did Sir William Oldham an. 29 H. 6. desire to be excused.
These Animadversions upon the Speakers Speech, which he first makes unto her Majesty, containing his excuse, being thus inserted as aforesaid; now follows the second Speech of the said Speaker, upon his allowance by her Majesty. The substance of which, being not found in the Original Journal-Book of the House of Commons, I have supplied; according to the usual Form.
The said Sir Thomas Gargrave being allowed and confirmed Speaker of the House of Commons by her Majesty, having tendered his humble thanks for her Highness gracious Opinion of him, and added some Expressions in honor of her Majesty, in the end of his Speech; He came according to the usual Form, to make certain Petitions in the behalf of the House of Commons, and of himself: in which he did first desire Liberty of access, for the Members of the said House to her Majesty's presence, upon all urgent and necessary occasions. Secondly, that if in anything he should mistake, or misreport anything, which should be committed unto him to declare, that his unwilling miscarriage therein might be pardoned. Thirdly, That they might have Liberty and Freedom of Speech, in whatsoever they had occasion to propound, and debate in the House. And lastly, that all the Members of the House, with their Servants, and necessary Attendants, might be exempted from all manner of Arrests, and Suits, during the continuance of the Parliament, and the usual space, both before the beginning, and after the ending thereof, as in former times hath always been accustomed.
To which Speech of the said Speaker the Lord Keeper, by her Majesty's Commandment, made a large Answer (which is verbatim, set down in the Journal-Book of the Upper House upon this instant Saturday the 28 th day of Jan. ) in which he intimated at large, among other things, that her Majesty did graciously allow of those Liberties and Privileges, for which the said Speaker had Petitioned, so as they were discreetly and modestly used.
In which Speech of the Speaker's in general, it may first be observed, that at this day it is in the Speakers Power, to deliver in his Speech what shall best please himself; whereas anciently he delivered nothing, but what the House gave him in Charge to speak, as may be gathered by the Parliament Rolls de an. 1 R. 2. an. 2 R. 2. an. 3 R. 2. an. 6 R. 2. & an. 17 R. 2. in an. 4, & in an. 10 H. 4. and in divers other Parliaments in the times of H. 5. H. 6. and Ed. 4.
And for those three Privileges before mentioned, which Sir Tho. Gargrave the Speaker, did in his foregoing Speech desire of her Majesty, in the name and on the behalf of the House of Commons, they were no other, than the said House did doubtless enjoy in ancient time; although they were never desired by the then Speakers of the same House, nor were any of them ever Petitioned by any Speaker, until in the Parliament de an. 28 H. 8. as may very probably be gathered by the Original Journal-Book of the Upper House de an. eodem.
And as to the first Petition, which he made in the name of the House of Commons, for free access to her Majesty, it is plain, that the said House enjoyed it during the Reign of K. E. 3. prout patet ex Rot. Parl. de an. 51 Ed. 3. n. 87. when Sir Thomas Hungerford was Speaker, and in the time since under R. 2. H. 4. and their Successors, the Presidents are so frequent, as they need no vouching.
And as touching this foregoing Petition, it is first Recorded in the Original Journal-Book of the Upper House, to have been made de an. 28 H. 8. by Richard Rich, the then Speaker; and in a like Journal-Book de an. 31 H. 8. by Thomas Moyle the Speaker in that Parliament, and the same course hath been constantly observed by all the Speakers since, of whose Speeches there is any good memorial remaining.
And as touching the second Petition, which the said Sir Thomas Gargrave made unto her Majesty in the name of the House of Commons for freedom of Speech; there is no Record that it was ever Petitioned for, until in the Original Journal-Book of the Upper House, de an. 33 H. 8. it is entered to have been made by Thomas Moyle the then Speaker, yet was it never denied them before; for the said Commons would never suffer any uncomely Speeches to pass of private men in their House, much less of the King, or any of the Lord's; and in Ed. 3. his time, who was an absolute Prince; and beloved of his People, the Commons themselves did oftentimes discuss, and debate many things concerning the Kings Prerogative, and agreed upon Petitions, for Laws to be made, directly against his Prerogative; as may appear by divers of the said Petitions: yet they were never interrupted in their consultations, nor received any check for the same; as may appear by the very Answers to their Petitions. The Presidents in the two succeeding Kings times, are not of so good a stamp, as those of Ed. 3. because R. 2. was much over-ruled in his young Years, and H. 4. was an Usurper, and so was compelled to seek for the love of his Subjects: yet was there one passage in his Reign, which proved him a most wise and just King, after he had attained the Crown. For in Rot. Parl. de an. 2 H. 4. n. 11. the Commons Petitioned the King, that he would not suffer any report to be made unto him, of any matters, either moved, or debated amongst them, until they be concluded, nor give them any credit; whereunto the King assented: and for the freedom of Speech, which the Commons enjoyed in succeeding times, the Presidents are so frequent, as they need no further vouching. And it is very well worthy the Observation, that whereas in the Session of Parliament de an. 8 Regin. Eliz. when Richard Onslow Esq her Majesty's Solicitor, was Elected and allowed Speaker, by reason of the Death of Thomas Williams Esq:, who had been Speaker in the Session de an. 5. Regin. Eliz. and did Decease in the interim of the several Prorogations between the said two Sessions, the said Richard Onslow did, upon his Presentment to her Majesty, and allowance by her, only desire in the name of the House of Commons, free access to her Majesty; and did, either ignorantly, or wittingly, omit to make those two other Petitions on their behalf, for freedom of Speech, and freedom from Arrests and Suits; yet in the said Session, de an. 8 Regin. Eliz. the House of Commons, falling upon that great business of her Majesty's Declaration of a Successor, did use greater liberty of Speech, than they had done, or did before or after in any other Parliament, during her Majesty's Reign, when the said Speakers did most precisely desire the allowance of the said privilege of freedom of Speech from her Majesty.
And now, thirdly and lastly, touching that Petition, which Sir Thomas Gargrave the Speaker made unto her Majesty, for freedom from Arrests; It is plain, that the Commons, and the Lord's of the Upper House, have not only always enjoyed the same for themselves and their necessary attendants, but also have been exempted from Suits at Law, during the continuance of the Parliament; not only in legal Courts, but in the very Court of Chancery, Star-Chamber, and such like, unless some Criminal matter be laid unto their Charge, which draws into question the life itself; which I have caused to be inserted into the preceeding abstract of Sir Thomas Gargraves Speech, because he either did Petition for freedom from Suits, as well as for freedom from Arrests, or he ought to have done it. For it is plain, by the close Rolls of Ed. 2. remaining in the Tower, that the Barons, and such others as were Summoned to Parliament in the seventh and eight Years of his Reign, were exempted from Answering to any Suits before though Justices of Assize, during the Parliaments continuance; where the Proclamations sent to the said Justices, for that purpose, contain these words, viz. Quod supersedeant ubi Barones & alii summoniti ad Parliamentum Regis sunt partes, & vide Rot. Claus. de an. 7 Ed. 2. Membrana 24. & de an. 8 Ed. 2. m. 22, & 23.
And for the several Presidents, how frequently the Members of the House of Commons were exempted, both from Arrests and Suits, during all the Parliaments of her Majesty's Reign, they are so many, and fell out so often, as may be seen by every ensuing Journal almost of the House of Commons, that they need no vouching.
These Animadversions being thus added, touching the Speakers Speech, and the Petitions on the behalf of the House of Commons contained therein, now follows the departure of the said Speaker, being fully invested in his place by her Majesty's allowance, down unto the House of Commons, out of the Original Journal-Book of the same, with some Additions in matter of Form.
Sir Thomas Gargrave aforesaid, being now settled in the place of Speaker, after his humble reverence made unto her Majesty, departed with the other Members of the House of Commons, unto their own House, the Serjeant of the same carrying the Mace all the way before the said Speaker, which was in like sort born before him, during this Parliament, both when he repaired unto, and when he departed from the said House.
The Speaker being placed in the Chair, ..... Seymore Esq Clerk of the foresaid House of Commons, who sat uncovered at a Table at the upper end of the House, just before the Speaker, stood up and read a Bill, which had been treated of in the last Parliament, being entitled, The Bill touching felling of Wood and Timber Trees in Forrests and Chases, which done, kissing his hand, he delivered the said Bill to the Speaker, who standing up uncovered (whereas otherwise he sitteth covered) and holding the Bill in his hand, said, The Bill is thus Intituled; and then having read the Title of the Bill, as is before set down, he opened to the House the substance thereof, which it is most probable he did out of the Breviate which was filed to the Bill, and had been delivered unto him, together with the Bill, by the Clerk of the House aforesaid; which being done, he then said, This is the first reading of the Bill, and so delivered it unto the Clerk again, which ended, the House arose; which hath been the constant use and custom ever since, as also divers years before, that after the presentment, and allowance of the Speaker, one Bill be once read after his return from the Upper House unto the House of Commons.
On Monday the 30 th day of January, the Bill for the avoiding of French Wares and Wines, and the Bill touching any variance of Grants made by Corporations, were each of them read the first time.
M r Treasurer with 23. others of this House (whose names are wholly omitted in the Original Journal-Book of the House of Commons, through the negligence of ..... Seymour Esq at this time Clerk of the same) were appointed to meet together, and to treat for a convenient Subsidy, and also to consider touching the validity of the Writ of Summons, both of the last Parliament and also of this present Parliament; in which said Writ, the words Supremum caput Ecclesiae Anglicanae were wanting, vide February 3. postea.
On Tuesday the 31 th day of January, it was agreed in the House, that a Book for the Subsidy be drawn by several of the Committees.
On Wednesday the first day of February, the Bill touching levying of Fines in the County Palatine of Durham; and the Bill touching thicking of Hats or Caps in Mills, were each of them read the first time. The Bill also touching the grant of Tonnage and Poundage, was read the first time.
On Friday the 3 d of Feb. the title of a Bill, which had this day its second reading, is thus entered in the Original Journal-Book of the foresaid House: The Bill for felling of Wood and Timber in Forrests or Chases. And under the entrance of the title of it, in the Original Journal-Book of the House of Commons, was written M r Sackvill, by which it should seem, that this Bill was committed upon the first reading to him, and (as it is probable) to others also. By which manner of entering the title of the said Bill, it may plainly be collected, that the Bill itself had at this time its second reading, and was thereupon committed to M r Sackvill (to whom it seemeth the Bill was delivered) and others whose names are omitted; the manner of which, being there also left unmentioned, I thought good to supply, according to the usual Form, both then doubtless used, and at this day also.
The Clerk of the said House, having read the title, and the Bill aforesaid, standing, kissing his hand, delivered the same with a Breviate (containing the substance of the Bill) annexed unto it, unto the Speaker; who thereupon, standing up uncovered, and reading both the Title, and the Breviate said, This is the second reading; and the, having paused a while, and (as it is likely) none speaking against the Bill, he put the question for the committing thereof, as followeth; viz. As many as do think fit this Bill should be committed, say, Yea. And after the affirmative voice given, as many as shall think the contrary, say, No; and then (as it should seem) the Speaker judging that the affirmative voice was the greatest, did put the House in mind to name Committees. And thereupon everyone of the House that listed, did name such other Members of the same, to be of the Committee, as they thought fit; and the Clerk either did, or ought to have written down as many of them, as he conveniently could; and when a convenient number of the Committees named, were set down by the Clerk, then did the Speaker move the House to name the time and place, when and where they should meet, which the Clerk did also doubtless then take a note of, and did also (Silence being made in the House) read out of that Book or Paper (in which he entered them) the Committees names, with the time and place of their meeting.
And it is most probable, that the Clerk of the House of Commons himself, or his servant, in the. transcribing out of the foresaid notes into that Book, which now remaineth the Original Journal of the said House, for this present Parliament, did there wittingly and knowingly forbear to insert the names of the other Committees, appointed in the foregoing Bill, with the time and place of their meeting, as matters of Form and not essential to the said Journal.
The Bill for a Subsidy, and two Fifteens and Tenths, granted by the Temporalty, was read the first time.
M r Carrell, on the behalf of the Committees (who were appointed on Monday the 30 th day of January foregoing) to consider of the validity of the Writs of Summons of the Parliament foregoing, and this present now Assembled, (in respect that these words Supremum caput were wanting in them) did make report, that it was agreed by the said Committee, that the want of the said words did not at all hinder, or impeach the validity of the said Writs of Summons, and so consequently of those preceding Parliaments, or this present now Assembled.
On Saturday the 4 th day of Feb. the Bill for Tonnage and Poundage to be granted to the Queens Majesty, was read the second time, and Ordered to be Ingrossed.
There passed divers Arguments in the House, touching a Request to be made to the Queens Highness, for her Marriage; but by whom the said Arguments were made, or what the substance of them was, or what was resolved by the House upon them, is through the negligence of the Clerk of the House of Commons, omitted in the Original Journal-Book of the same; yet it may easily be gathered by that which followeth, on Monday the 6 th day, and on Friday the 10 th day of this Instant February ensuing; that the House did this day Resolve that such a Petition should speedily be drawn.
February the 5 th Sunday.
On Monday the 6 th day of Feb. the Bill for the Subsidy granted by the Temporalty, was read the second time, and thereupon Ordered to be Ingrossed.
The Bill for the restitution of Tenths, and First-Fruits, was brought from the Lord's by M r Attorney and M r Solicitor, the manner of whose delivery thereof, being not found in the Original Journal-Book of the House of Commons, I have caused to be supplied, according to the usual course thereof.
The said M r Attorney and Solicitor, being admitted into the said House, came up close to the Table, where the Clerk sat, and made three Congees, and then acquainted Sir Thomas Gargrave the Speaker, that the Lord's had sent unto the House such a Bill; of which one of them read the Title, and so again departed the House, having made three other Congees.
It was Ordered by the House, that M r Speaker with all the Privy-Council, and thirty other Members of the same, should attend upon the Queen this Afternoon, to petition her Majesty, touching her Marriage, in such manner and Form, as had been on Saturday last agreed upon; but whether they were admitted to her Majesty's presence, doth not appear, nor can possibly be gathered out of the Original Journal-Book of the House of Commons; neither in what manner their Petition was framed, although it is plain by her Majesty's Answer, inserted at large, on Friday the 10 th day of this instant February ensuing, that it was only general, to persuade her Majesty, for the welfare of her State and Kingdom, to be pleased to marry, without limiting the time, Person or place. And howsoever, whether this aforesaid Petition were delivered this Afternoon or no, most likely it is, that her Majesty deferred, and took time to give an Answer in so weighty a business, until the said 10 th day of February aforesaid, which I do the rather gather, not only from the above-mentioned Original Journal-Book itself, in which there is no report or mention of her Majesty's Speech, made unto the House by the Speaker, until in the Forenoon of the said day; but also from an ancient written Copy of her Majesty's said Answer, which I had by me, in which it is referred unto the said 10 th day of February, as then uttered by her, which will also more fully appear in the passages of the said day, where it is at large set down.
On Tuesday the 7 th day of February, the Bill that the Citizens of York may take Apprentices notwithstanding the Statute to the contrary, was read the first time.
The Bill also for the Subsidy of Tonnage and Poundage, was read the third time, and passed; which may be gathered by these words, viz. Judicium assent. placed in the inner margent before the beginning of the entrance of the title of the said Bill in the Original Journal-Book of the House of Commons; by which words I suppose the Clark intended, as much as if he had recorded it at large, that upon the said third reading of the Bill, it passed the House by the judgment and assent of the same. The manner and form of which third reading I have thought good to cause to be applied to the present occasion, according to the usual course therein accustomed.
The Clerk of the House standing up read the Title and the Bill aforesaid, and kissing his hand, delivered the same unto the Speaker, who standing up uncovered, read again the Title of the said Bill, and opened shortly the effects thereof; and then said, This is the third reading of this Bill; and told them further, that with their favor he would now put it to the Question, for the passing; but paused a while to see, if any Member of the House would speak unto it (which at this day is commonly most used upon the third reading of a Bill) and whether any of the said House spake unto the said Bill or no, doth not appear. But the Speaker holding the Bill in his hand, made the Question for the passing of it in this sort, viz. As many as are of the mind, that the Bill shall pass, say Yea; which being Answered accordingly by the House, or the greatest part of them, the Bill passed; and so he delivered it again unto the Clerk, who because the Bill was Originally begun, and first passed in the House of Commons, wrote within the said Bill, on the top of it towards the right hand, these words, viz. Soit baille aux Seigneurs.
The House was Adjourned until Thursday next, because the Morrow following, being Ash-Wednesday, there was a Sermon to be Preached at the Court, before the Queen, at which (as it should seem) the greatest part of the House desired to be present.
On Thursday February the 9 th . the Bill for Melcomb Regis in the County of Dorset, to be fortified, was read the first time; And the Bill also to restore the Supremacy of the Church of England, to the Crown of the Realm, was read the first time, and committed to M r Cook, as he is there termed, and elsewhere Sir Anthony Cook, and as is very probable, also to some others not named. For it may be here noted, that in the first Journals of her Majesty's time, the title of M r only, is ordinarily given to Knights.
M r Solicitor and M r Martin, brought from the Lord's the Bill for the Queens Title to the Crown, which was delivered in such order and manner, as was the Bill for the Restitution of Tenths and First-Fruits, on Monday the sixth day of this Instant February foregoing.
Friday 10 Feb. the Bill for one Subsidy, and two Fifteens and Tenths, was read the third time and past.
M r Speaker declared the Queens Majesty's Answer to the Message, which was read to the House by M r Mason, to the great honor of the Queen, and the contentation of this House; which is all that is contained in the Original Journal-Book of the House of Commons, touching this great business of their Petition, preferred to her Majesty, to induce her to marry; and therefore it shall not be amiss to leave some larger memorial thereof; for this business, having been first propounded and resolved on in the said House, on Saturday the 4 th day of this instant February foregoing, and preferred to her Majesty (as it should seem) on the Monday following in the Afternoon, was not answered by her Majesty until this Morning, and was then also read in the said House; as appeareth by the foregoing imperfect mentioning thereof. And I am the rather induced to conceive, that her Majesty gave not her Answer until this Morning, to the said Petition of the Commons, from a Copy of the said Answer, which I have by me, written by Alexander Evesham, which said Answer out of the said Copy (in which it is referred to this instant 10 th day of February ) with the title and subscription thereof, do now in the next place follow, verbatim.
Friday 10 th of Feb. 1558. &c. The Answer of the Queens Highness, to the Petition propounded unto her, by the Lower House, concerning her Marriage.
AS I have good cause, so do I give you all my hearty thanks, for the good Zeal and loving Care you seem to have, as well towards me, as to the whole Estate of your Country. Your Petition I perceive consisteth of three parts, and my Answer to the same shall depend of two.
And to the first part, I may say unto you, that from my Years of Understanding, since I first had consideration of myself to be born a Servant of Almighty God, I happily chose this kind of life, in the which I yet live: which, I assure you, for mine own part, hath hitherto best contented myself, and I trust hath been most acceptable unto God: from the which, if either Ambition of high Estate, offered to me in Marriage, by the pleasure and appointment of my Prince (whereof I have some Record in this presence (as you our Treasurer well know) or if eschewing the danger of mine Enemies, or the avoiding of the peril of Death, whose Messenger, or rather a continual Watchman, the Princes indignation, was no little time daily before mine Eyes (by whose means (although I know, or justly may suspect) yet I will not now utter, or if the whole cause were in my Sister herself, I will not now burden her therewith, because I will not charge the Dead) if any of these, I say, could have drawn, or dissuaded me from this kind of life, I had not now remained in this Estate, wherein you see me. But so constant have I always continued in this determination, although my Youth and words may seem to some hardly to agree together, yet is it most true, that at this day I stand free from any other meaning, that either I have had in times past, or have at this present; with which Trade of Life I am so thoroughly acquainted, that I trust, God, who hath hitherto therein preserved and led me by the hand, will not of his goodness suffer me to go alone.
For the other part, the manner of your Petition I do well like, and take it in good part, because it is simple, and containeth no limitation of place or person; if it had been otherwise, I must needs have misliked it very much, and thought it in you a very great presumption, being unfitting and altogether unmeet for you to require them, that may command; or those to appoint whose parts are to desire, or such to bind and limit, whose Duties are to obey, or to take upon you to draw my Love to your liking, or to frame my will to your fantasie: For a Guerdon constrained, and gift freely given, can never agree together. Nevertheless, if any of you be in suspect, whensoever it may please God to incline my heart to another kind of Life, you may very well assure yourselves, my meaning is not to determine anything, wherewith the Realm may or shall have just cause to be discontented. And therefore put that clean out of your heads. For I assure you (what Credit my assurance may have with you, I cannot tell, but what Credit it shall deserve to have, the sequel shall declare) I will never in that matter conclude anything that shall be prejudicial to the Realm. For the well, good and safety whereof, I will never shun to spend my Life, and whomsoever my chance shall be to light upon, I trust he shall be such, as shall be as careful for the Realm, as you; I will not say as myself, because I cannot so certainly determine of any other, but by my desire he shall be such as shall be as careful for the preservation of the Realm, and you, as myself. And albeit it might please Almighty God to continue me still in this mind, to live out of the State of Marriage, yet is it not to be feared but he will so work in my Heart, and in your Wisdom, as good Provision by his help may be made, whereby the Realm shall not remain destitute of an Heir that may be a fit Governor, and peradventure more beneficial to the Realm than such Off-spring as may come of me. For though I be never so careful of your well doing, and mind ever so to be, yet may my Issue grow out of kind, and become perhaps ungracious, and in the end, this shall be for me sufficient, that a marble stone shall declare, that a Queen having Reigned such a time, lived and died a Virgin. And here I end, and take your coming to me in good part, and give unto you all my hearty thanks, more yet for your Zeal and good meaning, than for your Petition. And under her Majesty's Answer aforesaid, was subscribed in the same hand, as followeth;
This was Copied out of a Printed Copy, garnished with gilt Letters, given to the Honorable the Lady Stafford, of her Majesty's Privy-Chamber, and written out by Alex. Evesham, 1590. By which subscription the authentickness of this Copy doth sufficiently appear.
On Saturday the 11 th of Feb. the Litany was said by the Clerk kneeling, and answered by the whole House on their Knees with divers Prayers.
The Bill touching Tanners, Curriers, and Shoemakers for Tann'd Leather, And the Bill for selling of Tann'd Leather in Markets, were each of them read the first time. As also the Bill for the Recognition of the Queens Majesty's title to the Crown, was read the first time and committed.
The Bill also touching Liberties of Hexham and Hexamshire, and the Bill for the Confirmation of divers Grants and Leases, made by Bishops deprived, were each of them read the first time.
M r Solicitor and M r D r Lewis, brought from the Lord's two Bills, one concerning Treasons, and another for Explanation of the Statute of seditious words and rumors.
The Bills for Tonnage and Poundage, and for the Subsidy of the Temporalty, were sent up to the Lord's, by M r Treasurer and others not named in the Original Journal-Book of the House of Commons.
On Monday the 13 th day of February, the Bill for Garbling of Feathers was read the first time.
The Bill for thicking of Caps by men's Feet and Hands, And the Bill for annexing the Supremacy to the Crown, were each of them read the second time; both which Bills as it should seem were now dashed upon the second reading aforesaid; the first of them (as probably may be gathered) without any great dispute, but the latter being of great weight was long argued (as appears plainly by the Original Journal-Book of the House of Commons) before it was dashed; and the new Bill framed to the same effect, was read the first time on Tuesday the 21 th day, the second time on the 22. day, and the third time on Saturday the 25. day of this Instant February ensuing; when it passed the House. Vide plus concerning this matter on Tuesday the 27. day of April ensuing.
On Tuesday the 14. day of February, the Bill to bring Artificers to dwell in Market Towns, was read the first time.
Divers Arguments passed in the House, touching the framing of a new Bill, for annexing of the Supremacy to the Crown.
On Wednesday the 15 th day of February, Committees were appointed, for the drawing of a new Bill, for annexing of the Supremacy to the Crown.
The Bill to restore the Earl of Pembrook, Sir John Mason, M r H. Nevill, M r Fitz Williams, Sir P. Foly, Sir Hen. Seymour, Sir Richard Sackvill, Patentees by King Edw. the Sixth, of the late Bishop of Winchesters Lands; and the Bill for Order of Service and Ministers in the Church, were each of them read the first time.
Upon a Request made to the Lord's, that thirty of this House might attend their Lordships, for the Authority of his place, whom it shall please the Queen to take to Husband; M r Attorney declared from the Lord's, that twelve of their Lordships will be tomorrow in the Afternoon, in the Star-Chamber, to meet with the thirty Members of this House.
The Bill for punishment of divers Treasons, and the Bill for punishment of false rumors or tales, were each of them read the first time.
On Thursday the 16. of Febr. the Bill for Common-Prayer and Administring of Sacraments, was read the first time.
Two Bills also had each of them one reading, the first being the Bill for the payment of an imposition by French Men in Somerset and Dorset, to Melcombe Regis, was read the second time, and as it should seem, committed to M r South and others not named.
The Bill for Recognition of the Queens Highness Title to the Crown, was read the second time, but no mention is made, that it was either referred to Committees, or Ordered to be engrossed; and the reason thereof was, that this Bill had passed the Upper House, and was sent down to the House of Commons, on Thursday the 9. day of this instant Feb. foregoing, fairly engrossed in Parchment, and therefore can be no more engrossed, neither do the Lord's ordinarily refer such Bills to Committees, unless there be very great cause, in respect that each House holding correspondency with others, they do not willingly submit that to the Agitation of a private Committee, which hath been allowed and approved by the wisdom of the whole House.
The Bill for the deceitful using of Linnen Cloth, was read the first time.
The Bill for the Recognition of the Queens Title to the Crown, was read the second time; but no mention is made, that it was either Ordered to be engrossed, or refer'd to Committees, because it had been formerly sent from the Lord's.
The Bill for punishment of divers Treasons was read also the second time: which Bill being of great moment, was, as it should seem, committed to M r Vice-Chamberlain (erroneously written Fitz Chamberlain, as may plainly be gathered) and others; although it had been sent down from the Lord's on Saturday the 11 th day of this instant Feb. foregoing: in which Case Bills usually pass of course in the House of Commons, when they come ready expedited in Parchment from the Lord's.
The Bill for restitution in Blood of the Queens Highness, for the Attainder of Queen Anne her Highness Mother, being brought from the Lord's by M r Attorney, was read the first time.
On Friday the 17 th day of February, two Bills of no great moment, had each of them one reading, of which the second, being the Bill to restore the First-Fruits and Tenths, with a new Proviso, was read the second time, and, as it should seem, committed to M r Sackvill and others, although it had been formerly sent down from the Lord's.
On Saturday the 18 th day of February, four Bills of no great moment had each of them their first reading, of which the last was the Bill to reverse Judgments, in praecip. quod red. for lack of Summons.
The Bill for Leases and Offices made by the deprived Bishops, was read the second time, and as it should seem committed to M r Gates and others.
The Bill also for the Patentees of the Bishop of Winchesters Lands, was read the second time.
The Bill lastly, for restitution in Blood of the Queens Highness after Queen Anne was read the second time, but no mention is made, that it was either Ordered to be engrossed, or referred to Committees, because it had been sent from the Lord's on Thursday the 16 th of this instant February foregoing.
On Monday the 20 th day of February, the new Bill for Tanning and selling of Tann'd Leather, and the new Bill for regrating of Tann'd Leather, were each of them read the first time.
The Proviso from what time the Repeal of the Attainder of Cardinal Poole shall have commencement, was read the first time.
The Bill touching common Recoveries, was read the first time.
The Bill for the Sessions to be holden in Pembrook Town, was read the second time, and Ordered to be engrossed; and the Bill explaining the Act of Regrators, Forestallers, &c. was read the second time.
The Proviso in the Bill for First-fruits, was read the first and second time.
The Bill lastly, of Tonnage and Poundage, was brought from the Lord's by M r Solicitor.
On Tuesday the 21 th day of February, three Bills of no great moment, had each of them their first reading: of which the last was the new Bill for the payment of an imposition by Frenchmen to Melcomb Regis in Dorsetshire.
The Bill for the First-Fruits and Tenths, annexed to the Crown; and the Bill for the restitution in Blood of the Queen, after her Highnesses Mother, did each of them pass upon their third reading, and were sent up to the Lord's by M r Comptroller and others, with the Bill of the Subsidy.
The new Bill for the Supremacy of the Church, &c. annexed to the Crown, was read the first time.
On Wednesday the 22 th day of February, two Bills of no great moment, had each of them one reading, of which the second being the Bill for Supremacy of the Church annexed to the Crown, was read the second time, and ordered to be engrossed.
The Bill for restitution of Gerson Wroth to be naturally English Born, was read the first time.
The Bill against regrating of Tann'd Leather, and Carriers of Leather, The Bill for Tanners and selling of Leather in open Market, And the Bill touching the Repeal of the Attainder of Cardinal Poole, were each of them read the second time, and Ordered to be engrossed.
Two Bills lastly, of no great moment, had each of them one reading, of which the last, being the Bill for punishment of Treasons, with a Proviso from the House of Commons, was read the third time, and passed the House.
On Friday the 24 th day of February, the Bill touching carrying of Woollen-Cloths over the Sea, The Bill for searching and sealing of Woollen-Cloths, And the Bill for Heneden and Holdenshire, parcel of the Bishopric of Durham, to be to Sir Francis Jobson Knight, were each of them read the first time.
The Bill for the restitution of the Blood of Sir James Croft, and the like Bill for Sir Hen. Gates, were brought from the Lord's by M r Comptroller and others.
John Smith returned a Burgess for Cammelford in Cornub. upon a Declaration by M r Marsh, that he had come to this House being Out-lawed, and also had deceived divers Merchants in London, taking Wares of them to the sum of three hundred pounds, minding to defraud them of the same, under the color of the Privilege of this House, the Examination whereof being committed to Sir John Mason and others of this House, it was found and reported to be true, and a Writ of Capias utlagatum against him, was directed to the Sheriff of London, return. Quindena Paschae next, at the Suit of Will. Pinchbeck and Johan his Wife, in a Plea of Detinue.
Upon which matters consultation being had in the House, the Question was asked by M r Speaker, if he should have privilege of this House or not. But by the more number of Voices it seemed, that he should not have privilege. And upon the division of the House, the number that would not have him to be privileged, was a hundred and seven persons, and the number that would he should be privileged, was a hundred and twelve, and therefore it was Ordered that he should still continue a Member of the House. Vide concerning this matter in a like President in an. 35 Regin. Eliz. in the Journal of the House of Commons, on Thursday the first day, Friday the 2 d day, on Saturday the 17 th day and on Monday the 19 th day of March.
On Saturday the 25 th day of February, the Bill for the Incorporation of Trinity-College in Cambridge, and the Bill for the preservation of the Fry of Eels and Salmons, were each of them read the first time.
The Bill for the Supremacy of the Churches of England and Ireland, and abolishing of the Bishop of Rome, with a Proviso for Richard Chettwood and Agnes Woodhall, was read the third time, and passed upon the Question. And one other Proviso touching Robert Harecourt Merchant of the Staple, was read the first, second, and third time.
On Monday the 27 th day of February, five Bills of no great moment, had each of them one reading, of which the three last, being for the restitution in blood of John Lord Grey, Sir James Croftes, and Sir Henry Gates, were each of them read the first time.
The Bill touching the Declaration of the Repeal of the Attainder of Cardinal Poole, was read the third time, and passed the House, and was sent up to the Lord's by M r Treasurer, together with the Bill touching the Queens Supremacy, and also the Bill of Treasons.
The new Bill for preservation of Woods was read the first time.
The Bill lastly, for repealing and reviving an Act for Shoemakers and Curriers, And the Bill for Tanners and selling of Tann'd Leather in Markets or Fairs, were each of them read the third time, and passed upon the Question.
On Tuesday the 28 th day of February, three Bills of no great moment had each of them one reading, of which the last being the Bill for assurance of certain Lands, late parcel of the Bishopric of Winchester, granted to King Edward the Sixth, and by his Letters Patents granted to the Earl of Pembroke, Sir William Fitz-Williams, Sir Philip Hobbie, Sir John Mason, Sir Henry Seymour, Sir Henry Nevill, and Sir Richard Sackvill, was read the first time, and as it should seem committed to M r Kingsmell to be considered of.
John Owersall one of the Burgesses for Hull, Edmund Gascoigne Burgess for Thetford in the County of Norfolk, and William Carvell one of the Burgesses for Northampton, were each of them, in respect of their several occasions, Licensed to depart.
On Wednesday the first day of March, the Bill for false using of Linnen-Cloth, and the Bill for Gavelkind for Thomas Brown, and George Brown, were each of them read the second time, and Ordered to be engrossed.
The Bill against Cancellations of Recoveries was read the first time. And the Bill for allowances to be made to Sheriffs, being read the second time, was, as it should seem, committed to M r Comptroller and others.
The Bill also for Ecclesiastical Laws to be made by thirty two persons, And the Bill for the assurance of certain Lands, late parcel of the Bishopric of London, to the Lord Wentworth, the Lord Rich, and the Lord Darcy, were each of them read the second time, and thereupon Ordered to be engrossed.
The Bill also for recognition of the Queens Highnesses Title to the Crown of this Realm, was read the third time, and passed the House.
The Bill lastly, for restitution in Blood of the Lord Grey, and the Bill also for restitution in Blood of Sir James Crofts, were each of them read the second time.
The Bishop of Winchester in proper person, required the Copy of the Bill exhibited here, touching his Lands, which was granted; And further, to bring in his Answer and Counsel, on Saturday next at nine of the Clock.
On Thursday the 2 d Day of March, the Bill for restitution in Blood of Sir Henry Gates, was read the second time.
The Bill to revive a Fair at Linn-Regis, at Candlemas, was read the first time, And the Bill for changing the Parish Church of Avernant in Wales, And the Bill for Incorporation of Trinity-Hall in Cambridge, were each of them read the second time, and Ordered to be engrossed.
The Bill touching Engrossers and Forestallers of divers Victuals, was read the first time.
The Bill for searching and sealing Woollen Cloths, was read the second time.
Three Bills were sent up to the Lord's by M r Comptroller and others, of which one was the Bill for recognition of the Queens Highnesses Title to the Crown of this Realm.
The three Bills for restitution in Blood of John Lord Grey, Sir James Crofts, and Sir Henry Gates, had each of them their third reading, and passed the House.
The Bill lastly, concerning the Confirmation of the Bishopric of London, to the now Bishop of London, was read the first time.
On Friday March the 3 d , the Bill for the restitution in Blood of Edward Lewkenor, and three of his Brethren, and six of his Sisters; And the Bill against often buying and selling of Horses and Mares, had each of them one reading.
The Bill for the true Garbling of Feathers, The Bill that Leases of Benefices shall not be charged with payment of Tenths, And the Bill against ingrossing of dead Victuals, called Monopoly, were each of them read the second time, and Ordered to be engrossed.
The Bill for Assurance of Lands, late parcel of the Bishopric of London, to the Lord Wentworth, the Lord Rich, and the Lord Darcy, The Bill for the Gavelkind Lands of Thomas Brown and George Brown, And the Bill for the Incorporation of Trinity-Hall in Cambridge.....
M r Mason required that the Counsel of the Patentees for the Bishop of Winchesters Lands, may be here tomorrow, to hear what the Bishop and his Counsel will say, which Request was granted by the House.
M r Solicitor coming from the Lord's, declared, that ten of this House shall attend certain of the Lord's tomorrow, for the Proviso in the Bill of Treasons.
Six Bills were sent up to the Lord's from the House of Commons, of which one was the Bill for the Incorporation of Trinity-Hall in Cambridge, and another for Gavelkind Lands.
On Saturday the 4 th day of March, four Bills of no great moment, had each of them their first reading, of which the last was the Bill for the Assurance of Hartlebury and Wychenford, to Sir Francis Jobson, and Walter Blount severally.
The Bill for the reviving of the Act for the carrying of Horses into Scotland, And that for the Restitution of Robert Rudston, were brought from the Lord's by D r Vaughan. John Cheeseman, one of the Burgesses of Rumney in the five Ports, for his business was Licensed to be absent.
The Bishop of Winchester, in proper person, opened his Title to the Manors, saying, they had been parcel of the Bishopric by a thousand three hundred Years, and required this House of Justice.
The Queens Attorney hearing the talk of the Bishop, required for the Queen, that he might be heard for the Queen, touching certain Lands late parcel of the said Bishopric; and Day was given as well to M r Attorney, as to the Bishop, to be here on Monday next, at half an hour before nine of the Clock.
M r Chancellor of the Duchy complained, that M r White had called him a Witness not to like the Book of Service. M r White answered that M r Chancellor said, he wished the Book to be well considered of. But for that the House doth take that Mr. White did mistake him, therefore Mr. White standing asked him forgiveness, which Mr. Chancellor did take thankfully.
On Monday the 6 th day of March, the new Bill for Artificers in the County of Kent, to dwell in Towns, was read the first time.
Divers Arguments were had touching Cancellation of the Records in the Chancery, for the late Bishop of Winchesters Lands, and the Examination thereof was committed to Mr. Comptroller, and others.
The Queens Attorney, for that the Bishop of Winchester had brought Learned Counsel with him, desired they might say their minds, whereby Mr. Attorney might fully Answer; and the Bishop said, that his Counsel was not yet instructed; wherefore Mr. Attorney Answered, the effect whereof was that the Appeal made by Gardener was not of effect. For that in the Commission, at his Deputation, was contained cum appellatione remota. And so the Grant made to King Edward the Sixth, by the Bishop, ne point d'effect.
Mr. Noell and Mr. Bell of Counsel with the Patentees, declared in effect for the Patentees, as Mr. Attorney had shown for the Queen.
On Tuesday the 7 th day of March, three Bills of no great moment, had each of them their first reading; of which the last being the Bill that Executors shall make the Supervisors privy to the performance of a Will, was committed to Mr. Chamberlain, as it should seem, to be considered of.
The Bill touching the late Bishop of Worcesters Lands, to Sir Francis Jobson, and M r Blount, was read the second time, and Ordered to be engrossed.
The Bill for carrying of unwrought Cloths of 6 l over the Seas, was read the second time.
The Bill to revive a Fair at Linn Regis, the day after the Purification of our Lady, was read the second time, and Ordered to be engrossed; And the Bill for preservation of Woods being read also the second time, was committed.
The Bill touching the ingrossing of dead Victuals for a Monopoly; And the Bill for Gerson Wroth born in Stratsburgh, to be as being born in England, were each of them read the third time, and passed the House; and were sent up to the Lord's by Mr. Vice-Chamberlain.
On Wednesday the 8 th day of March, two Bills of no great moment, had each of them one reading, of which the second, being the Bill against Leases to be made by Spiritual persons, was read the second time, and Ordered to be engrossed.
The Bishop of Worcester in proper person, required the Copy of a Bill, exhibited against his Bishopric, and a day to make Answer in writing or otherwise.
The Bishop of Coventry and Litchfield, made the like Petition.
The Bishop of Winchester at this time, was Richard Pate, and the Bishop of Coventry and Litchfield, was Ralph Banes, whose stiff opposition against the Reformation of Religion perfected this Parliament; as also the free Liberty they had to defend their own Causes, either in person, or by their Counsel, do argue as in them, and divers other Bishops, at this time, much boldness and perverseness, so in her Majesty incomparable Lenity and Moderation, who so impartially and patiently suffered their opposition, and gave way to their Allegations, that so they might be fully convicted upon indifferent hearing.
It was Ordered, that the Bishop of Worcester shall have the Copy, and make his Answer upon Saturday next, and the Bishop of Coventry and Litchfield on Monday next after. And it is likewise granted, that the other parties shall then and there have their Counsel, to hear the Bishops.
On Thursday the 9 th day of March, four Bills of no great moment, had each of them their first reading; of which the first was the Bill for the Assurance of the Jointure of the Dutchess of Norfolk.
The Bill to assure certain Lands, late of the Bishopric of Winchester, to the Queen, and certain Patentees of King Edward the VI. was read the second time; but no mention is made that it was either Ordered to be engrossed or refer'd to Committees, because they had been formerly sent down from the Lord's.
On Friday the 10 th day of March, the Bill touching Colleges and Chantries, surrendered to King Henry VIII. was read the first time.
The Bill for Restitution in Blood of Robert Rudston, And the Bill for the Restitution in Blood of Edward Lewkenors Sons and Daughter, were each of them read the second time, but no mention is made that they were either Ordered to be engrossed, or refer'd to Committees, because they had been formerly sent down from the Lord's.
The Bill against destruction of Fry of Salmons, Eels and other Fish, And the Bill for dwelling of Cloathiers in Barford, Dedding, Coxal, and Bocking in Essex, were each of them read the first time. And the Proviso devised by the Lord's, in the Bill of Treasons, had its second reading.
The Bill for the Answering of the Revenues to the Queen, with the Incorporation of Trinity-Hall, were brought from the Lord's by M r Solicitor.
Rowland Lakin Burgess for Wenlock, was Licensed to be absent for his business at the Assizes.
On Saturday the 11 th day of March, the Bill to confirm Leases and Grants, made by D r Ridley late Bishop of London, was read the second time, and Ordered to be engrossed.
The Bishop of Worcester with his Counsel declared, that Hooper was not lawful Bishop, by reason of the Appeal of Bishop Heath, And so the Grant not good, and prayed the House to consider of it. Vide concerning this matter on Wednesday the 8. day of this instant March foregoing.
On Monday the 13 th day of March, three Bills of no great moment, had each of them one reading; of which the last, being the Bill for the punishment of seditious words and rumors, was read the second time; but no mention is made that it was either Ordered to be engrossed or refer'd to Committees, because it had been formerly sent from the Lord's.
The Bishop of London in proper person, required a Copy of a Bill, put in for Confirmation of Leases granted by Doctor Ridley, Usurper of the Bishopric, as he saith, which Copy was granted unto him, with addition, that the House doth intend to take his Title in the Bishopric as it is, And to make his Answer by words, on Wednesday next peremptory, at nine of the Clock.
The Bishop of London at this time was Edmund Bonner, whose stiff opposition against the Reformation of Religion, perfected this Parliament; as also the free Liberty he had here to defend his own Cause, either in Person, or by his Counsel, doth argue as in him and divers others Popish Bishops at this time much boldness and perverseness, so in her Majesty incomparable lenity and moderation, who so impartially and patiently suffered their oppositions, and gave way to their Allegations; that so they might be fully convicted upon indifferent hearing.
The Bishop of Coventry and Lichfield, with his Counsel, declared, that for the Fine Levied, M r Fisher hath no cause to complain. To the which, M r Fisher's Counsel alleged, that the Fine was made by compulsion. Vide concerning this matter on Wednesday the 8 th day of this instant March foregoing.
Thomas Church, one of the Citizens for Hereford, for his Affairs was Licensed to be absent.
On Tuesday the 14 th day of March, the Bill for Liberties of Hexham and Hexhamshire, and the Bill for Craftsmen to dwell near the Sea in Kent, were each of them read the second time.
The Bill also for carrying of Leather and Tallow over the Sea to be made Felony, was read the second time.
Articles being devised for the punishment of the Bishop of Winchester and others, for Cancelling of Records: It was Ordered, that a Bill should be thereof drawn by M r Keilway.
On Wednesday the 15 th day of March, three Bills of no great moment, had each of them their first reading; of which the first was the Bill to restore deprived Bishops.
The Bill for Cloathiers to dwell in Bocking, Coxal, &c. was read the second time, and Ordered to be engrossed. Two other Bills also had each of them their second reading; of which was one Bill for the Jointure and Marriage of the Dutchess of Norfolk.
The Bishop of London in his proper person showing the untruth of the Bill, as he takes it, did conclude, that the Commissioners for his Deprivation, did not according to their Commission. And yet by his Appeal, as also by his Letters Patents from Queen Mary, he standeth still Bishop, and the Grants made by Doctor Ridley void. Vide touching this matter on Monday the 13 th day of this instant March foregoing.
The Bill lastly for Restitution in Blood of the Sons and Daughter of Edward Lewkenor, was read the third time, and passed the House.
On Thursday the 16 th day of March, two Bills of no great moment, had each of them one reading: of which the second being the Bill to make lawful the Deprivations of Bishops and Spiritual persons, was read the first time.
The Bill for the Assurance of the Lands, late parcel of the Bishopric of Winchester, to the Patentees of King Edw. VI. was read the second time, and thereupon Ordered to be engrossed.
The new Provisoes from the Lord's, in the Bill for the First-fruits, were read the first time, and the Proviso from the Lord's in the Bill of Treasons, was read the third time, and passed the House.
The Bill for allowance of Sheriffs for the Justices Diets, and the Bill for the Restitution in Blood of Robert Rudston, were each of them read the third time, and passed the House.
The Bill for thicking of Caps in Mills, was read the third time, and upon the question was dashed.
The Bill lastly, for renewing one of the Fairs at Linn Regis, and the Bill for the new Parish Church of Abernant in Wales, were each of them read the third time, and passed the House.
Robert Buxton Burgess of Brembre in Sussex, was Licensed to be absent, for the Duke of Norfolks Affairs.
On Friday the 17 th day of March, the Bill for the Shipping of Woollen Cloaths of 5 l 10 s over the Sea; The Bill for Artificers in Kent and Sussex, And the Bill against carrying over Sea of Leather, Hides or Tallow to be Felony, were each of them read the second time, and Ordered to be engrossed.
The Bill, that no persons shall be punished for using the Religion used in King Edwards last Year, was read the first and second time, and Ordered to be engrossed. And the Bill that Licenses shall be good but during the Princes Reign, was read the second time, and Ordered likewise to be engrossed.
The Bill for true Answering of Customs, and unlading of Goods in the day time, was read the first time, and as it should seem, refer'd to M r Chancellor to be considered.
Three Bills lastly of no great moment, had each of them one reading; of which one being the Bill for the Jointure of the Dutchess of Norfolk, and another against seditious words and rumors against the Queen, had each of them their third reading, and passed the House.
On Saturday the 18 th day of March, the Bill against buying of Horses to sell shortly again, And the Bill for the Assizes to be kept in the Town of Stafford, were each of them read the second time, and thereupon Ordered to be engrossed.
Two Bills of no great moment, had each of them one reading, of which one being the Bill against unlawful Assemblies, was read the first time, and (as it should seem) committed to M r Smith to consider of it.
Three Bills lastly, had each of them their third reading, of which one being the Bill for Assurance of divers Manors, late parcel of the Bishopric of Winchester, to King Edward the Sixths Patentees, was upon the Question passed the House.
The Bill for the Supremacy was brought from the Lord's, by M r Attorney, to be reformed. Vid. concerning this Bill on Thursday the 27 th of April ensuing.
John Malock Burgess for Linne, and Robert Moon Burgess for Britport, for their several Affairs have Licence to be absent.
On Monday the 20 th day of March, two Bills of no great moment, had each of them one reading, of which the second being the Bill touching the Assizes and Gaol-Delivery, was read the third time, and passed the House: and was presently sent up to the Lord's, with divers others, by M r Vice-Chamberlain.
The Bill that the Queen shall make Rules for Colleges and Schools, was read the second time and ordered to be engrossed. And the Bill for continuance of the last Act for Rebellions, was read the first time.
The Proviso sent from the Lord's, with the Bill of First-Fruits, was read the second time. And the Proviso and Reformation in the Bill of Supremacy, was read the first time; de qua vide on Thursday the 27 th of April ensuing.
On Tuesday the 21 th day of March, two Bills of no great moment, had each of them one reading; of which the second being the Bill for Tanning and selling of Tann'd Leather, was read the first time.
The Bill against unlawful Assemblies, was read the second time, and ordered to be engrossed. And the Proviso and Reformation in the Bill touching Supremacy, was read the second time.
Two Bills also had each of them one reading, of which one being the Bill that the Queens Majesty shall make Orders in Collegiate Churches, was read the third time, and passed the House, and was sent up to the Lord's by M r Vice-Chamberlain and others.
The new Bill against Cancelling of Records by Warrant or otherwise, was read the first time.
Two Bills also had each of them their second reading, of which one was the Bill to make lawful the Deprivations of the Bishops of London, Winchester, Worcester, and Chichester, in the time of King Edward the VI.
The Bill that the Queens Highness shall Collate or appoint Bishops in Bishoprics being Vacant, was read the first and second time, and thereupon Ordered to be engrossed.
On Wednesday the 22 th day of March, the Bill to continue the Act for Rebellious Assemblies, The Bill for Collating of Bishops by the Queens Highness, and without Rites and Ceremonies, And the Bill for Tanners and selling of Tann'd Leather, were each of them read the third time, and passed the House, and were sent up to the Lord's by M r Comptroller.
The Provisoes and Additions by the Lord's in the Bill of Supremacy, and the Provisoes from the Lord's in the Bill of First-Fruits, were read the third time, and passed the House.
Four other Bills lastly, of no great moment, had each of them one reading, of which the last was the Bill to revive the Act against Carriage of Horses into Scotland, and was read the third time, and passed; and was with three others, sent up to the Lord's by M r Chancellor of the Duchy.
On Thursday the 23 th day of March, it was reported to this House by ..... one of the Burgesses, that Mr. Story had not well used himself, being a Member of this House, to go before the Lord's, and be of Counsel with the Bishop of Winchester against the Patentees, which by the House was taken to be a fault. Whereupon M r Story excused himself by ignorance of any such Order. And nevertheless had since considered of it, and doth acknowledge it not to be well done, and therefore required the House to remit it, which willingly by the House was remitted. Vide touching this business on Wednesday the first day, Friday the third, Saturday the fourth, and on Monday the Sixth day of this instant March foregoing.
On Friday the 24 day of March, for weighty Affairs to be done in this Parliament, according to the Example of the Upper House, this Court of the House of Commons is according to former Presidents Adjourned until Monday the third day of April next coming. But upon what occasion the House of Commons was this day Adjourned, doth not at all appear in the Original Journal-Book of the same House, but most probable it is, that it was by reason of a disputation had and agitated this Forenoon in Westminster Church, between the Popish Bishops, and some Learned men of the Protestant Religion, which is at large set down, Acts and Monuments, à pag. 1919. us{que} ad pag. 1922. at which the Lord's of the Upper House, and the Knights, Citizens and Burgesses of the House of Commons, desired (as it should seem) to be present. Vide also on Monday the third day of April next ensuing.
On Monday the third day of April, Mr. Speaker with a few of this House was present, and part of the Bill for sealing of Cloths was read; but for that this day was appointed to have disputation before the Council and Lord's in Westminster Choir, between the Bishops and Mr. Horne, Mr. Cocks, and other English Men that came from Geneva; And for that it was meet, that they of this House should be there present, to hear; this Court was continued until the Morrow following.
Her Majesty's godly desire to abolish superstition, and to preserve Unity and Truth in the Church, doth fully appear by the appointment and permission of this disputation, which began in Westminster Church, on Friday the last day of March immediately foregoing, not here mentioned, as is at large set down in that Laborious and Voluminous Work of Mr. Fox his Acts and Monuments.
On Tuesday the 4. day of April, the Bill to revive the Act for Holy-days and Fasting-days; and the Bill against Sorceries, Witchcrafts, and Prophecies, of Badges and Arms, were each of them read the second time, and Ordered to be engrossed.
On Wednesday the 5. day of April, the Bill for the true Answering of the Queens Majesty's Revenues, was read the second time, but no mention is made that it was Ordered to be engrossed, or refer'd to Committees, because it had been formerly sent from the Lord's.
On Thursday the 6. day of April, the Bill to restore spiritual persons deprived in the time of Queen Mary, was read the second time, and as it should seem, was committed to Mr. Goldsmith and others not named.
The Bill that all such Colleges and Chantries granted to King Edward the Sixth, shall be also in the Queens Majesty, was read the first time. And lastly, the Bill against buying and selling of Horses, was upon the third reading Ordered to be engrossed. Quod nota.
On Friday April the 7. the Bill touching the Orders for Men-servants, was read the first time. And (as it should seem) committed unto Sir Anthony Coke, to consider of it.
The Bill touching Shipping of Wares, and the Bill for the true Answering of the Customs for Merchandises, were each of them read the first time.
The Bill for Bishops Temporalties, was brought from the Lord's by Mr. Weston and Doctor Vaughan; and the Bill lastly, that the Queen shall have the Bishops Temporalties during the Vacation, for recompense of Tythes and Parsonages impropriate, was read the first time.
On Saturday the 8. day of April, the Bill to revive the Act for sowing of Flax and Hemp, and the Bill for increase of Woods, had each of them their first reading.
The Bill touching Colleges and Chantries granted to King Edward the Sixth, to be in the Queen by Explanation of this Bill, was read the second time, and (as it should seem) committed to Mr. Mersh and others not named.
The Bill lastly, that the Queen and her Heirs shall have the Temporalties of Bishops for recompense of Tenths and Parsonages impropriate, was also read the second time; but no mention is made that it was either refer'd to Committees, or Ordered to be engrossed, because it had been formerly sent from the Lord's.
On Monday the 10. day of April, the Bill for sealing of Woollen Cloaths, was read the first time. It was this day Ordered that the names shall be called on Wednesday next in the Afternoon.
Two Bills of no great moment, had each of them one reading, of which one being the Bill, that the Inhabitants, being Craftsmen, in Kent, shall dwell near the Sea-Coasts, was read the third time and passed the House.
The new Bill lastly, to avoid the usurped power claimed by any Foreigner in this Realm, and for the Oath to be taken by spiritual and temporal Officers, was read the first time.
On Tuesday the 11. day of April, the Bill to preserve the Spawn and Fry of Fish, And the Bill to continue the Act made for sowing of Hemp and Flax; were each of them read the second time, and Ordered to be engrossed.
On Wednesday the 12. day of April, the Bill to avoid all Foreign Power, used by any Foreign Potentate in the Realm, and for the Oath to be taken, was upon the second reading Ordered to be engrossed.
Two Bills lastly had each of them one reading, of which the last being the Bill for punishment of such persons as misuse Linnen-Cloth with Chalk, was read the third time and passed the House.
On Thursday the 13. day of April, the Bill for restoring the spiritual Jurisdiction to the Imperial Crown of the Realm, and abolishing Foreign Power, was read the third time; and upon the question passed the House.
The Bill to revive the Act for punishment of Rebellions, was read the first time, and the Bill for entering the goods of Merchants, and unlading, and for Customs of Sweet Wines, was read the second time.
Robert Whitney one of the Knights for Hereford, was Licensed to go home, because his Wife was lately departed.
On Friday the 14 th day of April, four Bills were sent up to the Lord's by M r Vice-Chamberlain, of which one was the Bill for punishment of such persons as misuse Linnen-Cloth with Chalk, and another for the abolishing of Foreign Power.
The Bill for searching and sealing of Woollen-Cloths, The Bill for making of Frizes in Cardigan, Carmarthen, and Pembroke, And the Bill to explain the Statute made against Engrossers of Dead Victuals, were each of them read the first time.
On Saturday the 15 th day of April, the new Bill for the Assurance of Lands, parcel of the Bishopric of Worcester, to Sir Francis Jobson, and Walter Blunt, was read the first time.
It was Ordered that the Serjeant shall show unto the Master of the Rolls, that his Servant ..... Thrower shall be here, on Monday next, to Answer to certain evil words spoken by him, against the House, opened by M r Skinner, and M r Carnefewe. Vide plus concerning this business on Monday the 17 th day of this instant April ensuing.
Seven Bills of no great moment, had each of them one reading, of which one being the Bill that Hexham and Hexhamshire shall be of the County of Northumberland, and another for Confirmation of Leases, Grants of Offices, and Copyholds by Nicholas Ridley late Bishop of London, and a third to avoid the often buying and selling of Horses and Mares, had each of them their third reading, and passed the House.
On Monday the 17 th day of April, the Bill touching Knights and Burgesses, for Attendance in the Parliament, was read the first time.
The Bill to revive the Act for destruction of Choughs and Crows, And the Bill to revive the Act against Rebellions, were each of them read the second time, and thereupon Ordered to be engrossed.
The Bill that the Queens Majesty shall have divers temporal Lands of the Archbishops and Bishops, in recompense of Tenths and Parsonages Impropriate, was read the third time, and passed upon the Question and Division of the House, viz. With the Bill a hundred thirty four, and against the Bill ninety.
The Bill for Restitution in Blood of Henry Howard, Jane Howard, and Katherine Wife to the Lord Barkley, was brought from the Lord's by Doctor Louis and others.
M r Carnefewe declared to the House, that ..... Thrower Servant to the Master of the Rolls, did say against the State of the House, that if a Bill were brought in for Womens Wyers in their Pastes, they would dispute it and go to the Question; and that he heard the Lord's say as much at his Masters Table; and that these words were spoken on Wednesday last before Easter, at Lincolns-Inn.
Whereupon the said Thrower, being brought to the Bar by the Serjeant, denied these words to be spoken by him, and Carnefewe affirmed them; whereupon Thrower was Committed to the Serjeants keeping: Vide concerning this matter on Saturday the 15 th day of this instant April foregoing.
On Tuesday the 18. day of April, the Bill for taking and having of Apprentices and Journeymen, was read the first time, and (as it should seem) committed to M r Arnold to consider of.
The Bill for making of Frizes in length and breadth in Wales, was read the second time, and Ordered to be engrossed.
Two Bills had each of them one reading. Of which one being the Bill for the Unity of the Service of the Church, and Ministration of the Sacraments, was read the first time.
John Griffith Esq Knight for Flintshire in Wales, hath License to go home, for the delivery of Records at the next County.
On Wednesday the 19. day of April, the Bill for Lading in long Bottoms, and for Uniformity of Common-Prayer, and Service in the Church, were read the second time, and Ordered to be engrossed.
On Thursday the 20. day of April, the Bill for the Restitution in Blood of Henry Howard, younger Son to the late Earl of Surrey, Lady Jane Howard, Lady Katherine Howard, Wife to Sir Henry Lord Barkley, and Lady Margaret Howard, was read the first time. And the Bill to revive the Act for killing of Rooks and Crows, was read the third time and passed.
Two Bills had each of them one reading, of which the latter being the Bill for the Unity of Service in the Church, and Administration of the Sacraments, was read the third time, and passed the House.
The Bill lastly, for the Watermen of the Thames to have Harque-Buts, Shots, &c. was read the second time, and as it should seem was committed to M r Cambden and others not named.
On Friday the 21. day of April, the Bill to carry Corn out of the Realm; The Bill that Timber shall not be made for Cole to make Iron; The Bill that Hides of four years old shall be made for sole Leather; And a Bill for the good Order of Servants of Husbandry, and Artificers, and their Wages, were each of them read the first time.
On Saturday the 22. day of April (for that this day M r Speaker, with most of the House, were all the Forenoon to hear the Arraignment in Westminster-Hall of the Lord Wentworth, for the loss of Calis ) they sat not till the Afternoon; at which time, the Bill that Tanners shall convert Hides of Beasts of four years old and a half into soal Leather, was read the second time.
April the 23. Sunday.
On Monday the 24. day of April, the Bill for Restitution in Blood of Henry Howard, &c. was read the second time, but no mention is made that it was either Ordered to be engrossed, or referred to Committees, because it had been formerly sent from the Lord's.
Three Bills had each of them one reading; of which the first being the Bill for the dissolution of Houses of Monasteries, Abbeys, Priories, &c. erected since the Death of King Edward the VI. was read the first time.
The Bill lastly, for preservation of Spawn and Fry of Fish, was read the third time, and passed the House; And the Bill to take Goods and Merchandize, was read also the third time, and passed the House upon the Division thereof, viz. with the Bill eighty four, and against the Bill sixty six.
Robert ap Hugh Knight of Carnarvonshire, had Licence to be absent for his great business at the Assizes at Denbigh, on Monday next.
On Tuesday the 25 th day of April, the Bill against burning of Timber into Cole, to make Iron in certain places, was read the second time.
Nine Bills were sent up to the Lord's by Sir Anthony Coke, and others, of which one was the Bill for the preservation of Spawn of Fish, &c. And another was for the Uniformity of Common Prayer, for Service in the Church, and Administration of the Sacraments.
The Bill for Wages of Servants and Laborers; And the Bill for Dissolution of certain Abbeys, Priories, Hospitals, &c. were each of them read the second time.
The Bill for the Restitution in Blood of the Lord Dacres of the South, was sent from the Lord's by M r Read and others.
Two Bills lastly, of no great moment, had each of them one reading (being the third) and passed the House; Of which one was the Bill to revive an Act against unlawful Assemblies, and the other for punishment of Sorcery, and Witchcraft, and Buggery to be Felony.
On Wednesday the 26 th day of April, Two Bills of no great moment, had each of them one reading; Of which the first being the Bill for Restitution in Blood of the Lord Dacres of the South, was read the first time.
Two Bills of no great moment, had each of them one reading, of which the first being the Bill for making, searching, and sealing of Woollen Cloths, was read the second time, and thereupon Ordered to be engrossed.
The Bill restoring to the Crown the Antient Jurisdiction over the State Ecclesiastical and Spiritual, and abolishing of Foreign Power repugnant to the same; with a Proviso added thereunto by the Lord's, was sent down from their Lordships by Serjeant Weston and the Queens Attorney, which being omitted in the Original Journal-Book of the House of Commons, is therefore supplied out of that of the Upper House.
On Thursday the 27 th day of April, the Bill for searching and sealing of Woollen-Cloths, was read the third time, and passed the House, and was sent up unto the Lord's by M r Secretary.
The Bill for Answering of Customs, and laying Goods and Merchandises on Land, was read the third time, and passed the House, and was sent up to the Lord's by M r Secretary, with the Bill of Supremacy reformed; concerning which Bill of Supremacy, Vide on Tuesday the 21 th day, on Wednesday the 22 th day, and on Saturday the 25 th day of February last past; as also on Saturday the 18 th day, Monday the 20 th day, on Tuesday the 21 th day, and on Wednesday the 22 th day of March preceeding. Et vide etiam a Note touching this business in the Original Journal Book of the Upper House, on Saturday the 29 th day of April foregoing.
The Bill for Garbling of Feathers, Forsings and Flocks, was read the third time, and passed the House; And lastly, the Bill that the Queen by Commission, may restore spiritual persons deprived, was read the first time.
On Friday the 28 th day of April, the Bill for the Restitution in Blood of the Lord Dacres of the South, was read the second time.
Henry Clifford Gent. Burgess for Bedwyn, was Licensed for his Affairs to be absent.
The Provisoes in the Bill for Suppression of Abbeys, Priories, &c. was read the first and second time.
On Saturday the 29. day of April, the Bill for Watermen on the Thames to have Harque-buts, &c. was read the second time, and Ordered to be engrossed.
The Bill for Uniting of Abbeys, Priories, Nunneries, Hospitals and Chauntries, founded since the Reign of Queen Mary, to be annexed to the Crown, was read the third time, and passed the House upon the Question, and was sent up to the Lord's by M r Vice-Chamberlain.
The Bill lastly, to restore such persons to their Benefices, as were unlawfully deprived, was read the second time, and was thereupon Ordered to be engrossed.
April the 30. Sunday.
On Monday the first day of May, the Bill for the Restitution of the Brothers and Sister of the Duke of Norfolks; The Bill for the Restitution in Blood of the Lord Dacres of the South; The Bill that Timber Trees in divers places shall not be felled for Cole to make Iron; And the Bill that the Inhabitants of Dorking, Coxall, and Dedham Westbarford, &c. may make Woollen Cloths there; were each of them read the third time, and passed the House.
The Bill lastly, that Watermen of the Thames shall have and shoot in Harque-buts, &c. was read, and upon the Question and Division of the House, dashed by the difference of ten Voices, viz. with the Bill fifty two, and against the Bill sixty two.
On Tuesday the second day of May, the Bill that the Queen by Commission may restore such spiritual persons, as have been unlawfully deprived, was read the third time, and passed the House, and was sent up to the Lord's by M r Sadler and others, with the four other Bills which last passed.
The Bill lastly, for the continuance of divers Acts, was brought from the Lord's.
On Wednesday the third day of May, three Bills of no great moment, had each of them one reading; of which the second being the Bill for carriage of Corn over Sea, when Wheat is 10 s , Barley 3 s 8 d , Beans and Rye at 6 s , and Oats at 3 s 4 d , the Quarter, was read the third time, and passed the House.
On Friday the 5 th day of May, the Bill for continuance of certain Acts, was read the third time, and passed the House, and was sent up to the Lord's by Mr. Secretary.
On Saturday the 6 th day of May, the Bill touching Abbeys, &c. was brought from the Lord's, to be reformed with three Provisoes of their Lordships; And the Bill for preservation of Fry of Fish, was likewise brought down from the Lord's to be amended.
May the 7 th Sunday.
On Monday the 8 th of May, the Provisoes in the Bill for preservation of the Fry and Spawn of Fish, were read the second and third time, and passed the House.
In the Afternoon the Queens Majesty sitting in her Royal Seat, the Lord's and Commons attending, M r Speaker made a Learned Oration, Exhibiting the Bill for the Subsidy, and the Bill of Tonnage and Poundage, and required the Queens Assent might be given to such Bills as had passed both the Houses; which Oration being praised and Answered by the Lord Keeper of the Great Seal, the Royal Assent was given to forty two Acts, and by the Queens Pleasure this Parliament was Dissolved.
§ Henry the VI. 6 Martii An. 31. called a Parliament at Reading; 8 Martii, Thorpe was Chosen Speaker; from thence the Parliament was Adjourned to Westminster till 25. Apr. where it continued till 2. July, and then Prorogued till 12. Nov. to Reading, again Adjourned till 12. February, after till 14. at Westm. During these Adjournments and Prorogations, Richard Duke of York, having got the Ascendant of the King, prepared Habiliments of War at the Palace of the Bishop of Durham; Thorpe being Speaker, by Command of the King took the Arms; whereupon in Michaelmas Term the Duke brought his Action of Trespass in the Exchequer, against Thorpe, and upon Trial that Term, recovered a thousand pound Damages, and ten pound for Costs of Suit, and thereupon Thorpe was Committed to the Prison of the Fleet, in Execution.
After all this the Parliament met 14. Feb. and the Duke of York having got a Commission to hold and dissolve the Parliament, labored to keep Thorpe in Prison, whom he mortally hated, as being faithful to King Henry; and having gained his point in the Lord's House, afterwards the Commons gave up their Speaker; which was no sooner done, and another Chosen, but the Duke, by the Assent of the Lord's and Commons, and after Confirmed by Commission from the King, was made Protector of the Realm; Thorpe having paid the Debt, fled to the Kings Party, and after was taken at Nottingham Field, from thence sent to Newgate, then to the Marshalsey, and at last Beheaded at Haryingay Park in Middlesex.
THE JOURNAL OF THE House of LORD'S.
A Journal of the Passages of the House of Lord's in the Session of Parliament bolden at Westminster, An. 5 Regin. Eliz. An. D. 1562. which began there after one Prorogation of the same on Tuesday the 12 th of January, and then and there continued until the Prorogation thereof upon Saturday the 10 th day of April, An. D. 1563.
THIS Session in An. 5 Regin. Eliz. making but one and the same Parliament with that Session next ensuing, in an. 8 Reginae ejusdem, is replenished with some extraordinary matter, besides the accustomed and usual passages of reading, committing, and expediting of Bills. For not only the pompous and solemn manner of her Majestics repairing to the Lord's House, is set down; but the several Speeches also of that Eloquent Orator, and wise Statist, Sir Nicholas Bacon Lord Keeper, are supplied at large, together with such Interlocutory Speeches, as passed in the House of Peers, from Thomas Williams Esq the Speaker or Prolocutor of the House of Commons; which said several Speeches, being not found in the Original Journal-Book of either House, are therefore supplied out of several written Copies, or Anonymous Memorials of them I had by me; especially the latter passages and Speeches, both when the Speaker was presented on Friday the 15 th day of January, and when this Session of Parliament was Prorogued, on Saturday the 10 th day of April, then next following, together with the Solemn and Royal manner of her Majesty's passing to the House of Lord's, on either of the said Days, are for the most part transcribed out of several Anonymous Memorials thereof, I had in my Custody, being doubtless the very Original Draughts or Autographs, set down by some observant Member of one of the Houses, or by some other person then present in the Upper House, for it was written in a hand of that time, and much interlined.
The Parliament was Summoned to begin at Westminster, on Monday the 11 th day of Jan. An. 5 Regin. Eliz. An. D. 1562. upon which day Sir Nicholas Bacon Knight, Lord Keeper of the Great Seal of England, with divers other Lord's, repaired to the Parliament Chamber, commonly called the UpperHouse, and then and there in presence of the Lord's Spiritual and Temporal, and of the Knights, Citizens and Burgesses, Summoned to the same Parliament, the Lord Keeper declared, that the Queens Majesty, by reason of the evil disposition of her Health, could not be present this 11 th day of January, and that she hath therefore been pleased to Prorogue the same, until to Morrow, being the 12 th day of the same.
And to this purpose, a Writ Patent under the Great Seal of England, whereby the said Parliament was Prorogued unto the 12. day of this Instant Jan. was read publicly, by the Clerk of the Upper House, in these words following:
Elizabeth Dei gratia Angliae, Franciae & Hiberniae Regina, fidei desensor, &c. praedilectis & sidelibus nostris Praelatis, Magnatióus & Proceribus Regni nostri Angliae, & dilectis & sidelibus nostris Militibus, Civibus & Burgen. dicti Regni nostri, ad Parliamentum nostrum apud Civitatem nostram Westmonasterii, undecimo die instantis mensis Jan. inchoand. & tenend. convocatis & electis, & vestrum cuilibet, salutem. Cum nos, pro quibusdam arduis & urgentibus negotiis, nos, statum & defensionem dicti Regni nostri Angliae & Ecclesiae Anglicanae concernent. dictum Parliamentum nostrum, ad diem & locum praedict. teneri ordinaverimus, Ac vobis, per separalia Brevia nostra, apud Civitatem & die praedict. interesse mandaverimus, ad tract and. consentiend. & concludend. super hiis, quae in dicto Parliamento nostro tune & ibidem proponcrentur, & tractarentur: Quibusdam tamen certis de causis, & considerationibus, nos ad tempus specialiter movent. dictum Parliamentum nostrum, us{que} duodecimum diem hujus instantis Mensis Jan. duximus prorogand. it a quod nec vos, nec aliquis vestrum, ad dictum undecimum diem Jan. apud Civitatem praedictam comparere teneamini, seu arctemini, volumus enim vos, & quemlibet vestrum, inde erga nos penitus exonerari: Mandantes, & tenore praesentium firmiter injungendo praecipientes vohis & cuilibet vestrum, ac omnibus aliis, quibus in hac parte intererit, quod ad dictum duodecimum dicm Januarii, apud praedictam Civitatem Westmonasterii personaliter compareatis, & intersitis, & quilibet vestrum compareat & intersit, ad tractand. faciend. agend. & concludend. super hiis, quae in dicto Parliamento nostro, de communi concilio dicti Regni nostri (favente Deo) contigerint ordinari. Teste me ipsâ apud Westmonasterium nono die Januarii, anno Regni nostri quinto.
This day, although the Parliament began not, nor any Peers sat in the Upper House, but the Lord Keeper, and some others of either House, met only in the Parliament Chamber, to Prorogue the Parliament unto the 12. day of this Instant Month, as aforesaid, were divers Proxies returned, from many of the Lord's, both Spiritual and Temporal, who in their absence did constitute others to give their Voices for them.
Nota, That the Duke of Norfolk was Constituted the sole or joint Proctor of four several Peers, and Francis Earl of Bedford was nominated the sole or joint Proctor of seven several Lord's; whereof one was Thomas Archbishop of York, and another of them was William Bishop of Exeter; By which it doth appear, not only that a Spiritual Lord did Constitute a Temporal (which at this day is altogether forborne, as also for a Temporal Lord to Constitute a Spiritual, which was but rarely used during this Queens Reign.) but likewise that any Peer of the Upper House, by the ancient and undoubted usages and Custom of the same, is capable of as many Proxies as shall be sent unto him.
On Tuesday the 12. day of January, the Parliament held according to the Prorogation on yesterday foregoing, and about eleven of the Clock in the Forenoon, the Queens Majesty took her Horse at the Hall Door, and proceeded in manner as followeth.
First, All Gentlemen two and two, then Esquires, Knights, and Bannerets, and Lord's, being no Barons, or under Age.
Then the Trumpeters sounding.
Then the Queens Serjeant, M r Carus, in his Circot-Hood and Mantle unlined, of Scarlet.
Then M r Gerrard the Queens Attorney, and M r Russell Solicitor.
Then Anthony Brown, Justice of the Common Pleas, and M r Weston of the Kings Bench.
Then the Barons of the Exchequer.
Then M r Corbett, and M r Whidon, two Justiees of the Kings Bench.
Then Sir Thomas Saunders, Chief Baron of the Exchequer, and Sir James Dyer, Chief Justice of the Common-Pleas.
Then Sir William Cordall, Master of the Rolls in his Gown, and Sir Robert Catlin, Chief Justice of the Kings Bench; and these Justices and Barons of the Exchequer, in their Scarlet Mantles, Hood and Circot edged with Miniver; the Mantle shorter than the Circot by a foot.
Then Knights Counselors in their Gowns, as Sir Anthony Cook, Sir Richard Sackvile, Sir William Peeters, and Sir Ambrose Cane.
Then Sir William Cecil Chief Secretary, and Sir Edward Rogers Comptroller.
Then William Howard bearing the Queens Cloak and Hat.
Then Barons, in all forty, but there in number 30. a. St. John of Bletso, Hunsdon, Hastings of Loughborough, Chandois, North, Effingham, but now as the Lord Chamberlain, Darcy of Chicke, Paget, Sheffield, Willoughby, Rich, Wharton, Evers, Cromwell, St. John, Mordaunt, Borough, Wentworth, Windsor, Vaux, Sands, Mountegle, Darcy of Menell, Ogle, Mountjoy, Lumley, Latimer, Scroope, Grey of Wilton, Stafford, Cobham, Dacres of the North, Dacres of the South, Morley, Barkley, Strange, Zouch, Audeley, Clinton, but now Lord Admiral, and Bargaveny: their Mantles, Hoods, and Circot furr'd, and two Rows of Miniver on their right Shoulder.
Then proceeded the Bishops, all that were there present were but twenty two, as Gloucester and St. Asaph, Chester, Carlisle, and Peterborough, Norwich, and Exeter, Lichfield and Coventry, Bath and Wells, Rochester, and St. David's, Salisbury, and Lincoln, Bangor, and Worcester, Eli, and Hereford, Landaffe, Chichester, and Winchester, Durham, and London; their Robes of Scarlet lined, and a Hood down their back of Miniver.
Then the Viscounts, their Robes as the Barons, but that they had two Rows and an half of Miniver, as the Viscount of Bindon absent, Viscount Montague, and Viscount Hereford present.
Then the Earls, but nineteen present, the Earl of Hertford, the Earl of Pembroke, Bedford, Southampton, Warwick, Bath, Huntingdon, Sussex, Cumberland, Rutland, Worcester, Darby, Shrewsbury, Westmorland, Northumberland, Oxford, and Arundel; their Robes of Scarlet, with their Rows of Miniver.
Then the Marquess of Winchester, but now as Lord Treasurer, and the Marquess of Northampton; the Duke of Norfolk went as Earl Marshal. Then the Lord Keepers Serjeant, and Seal, and after Sir Nicholas Bacon, Lord Keeper of the Great Seal, in his Gown.
Here Clarenceux and Norroy.
Then the Queens Serjeant at Arms, and after Garter.
Then the Duke of Norfolk, with the gilt Rod as Marshal; the Lord Treasurer with the Cap of Estate, and the Earl of Worcester with the Sword.
Then the Queens Majesty on Horseback, a little behind the Lord Chamberlain, and Vice-Chamberlain; her Grace Apparelled in her Mantle, opened before, furr'd with Ermines; and her Kirtle of Crimson Velvet, close before, and close Sleeves, but the Hands turned up with Ermines, and a Hood hanging low, round about her Neck, of Ermins. Over all a rich Coller, set with Stones and other Jewels, and on her Head a rich Caul. And the next after Her, the Lord Robert Dudley, Master of the Horse, leading the spare Horse. And after all, other Ladies, two and two, in their Ordinary Apparel. By side the Queen went her Footmen, and along on either side of her went the Pensioners, with their Axes; after the Ladies followed the Captain of the Guard, Sir William St. Loe, and after him the Guard.
In which Order Her Majesty proceeded to the North Door of the Church of Westminster, where the Dean there, and the Dean of the Chapel met her, and the whole Chapel in Copes; and S t Edwards Staff, with the Inlet in the top, was delivered unto her; her Arm, for the bearing thereof, assisted by the Baron of Hunsdon; the Canopy born over her by Charles Howard Esq Sir George Howard, Sir Richard Blunt, Sir Ed. Warner, Sir John Perrott, and Sir William Fitz-Williams, Knights; her Graces Train born up and assisted, for the weight thereof, from her Arms by the Lord Robert Dudley, Master of the Horse, and Sir Francis Knowles, Vice-Chamberlain; and so orderly proceeded to the Travers beside the Table of Administration. Although other Princes have used to be placed in the Choir till the Offering, but not now because there was neither Communion nor Offering; and so, she being placed, all the Lord's sat down on Forms, besides the Travers; the Spiritualty on the North side, and the Temporalty on the South side; the Sword and the Cap of Estate laid down on the Table. Then the Choir sung the English Procession; which ended, M r Noell Dean of Paul's began his Sermon, and first made his Prayer orderly for the Queens Majesty, and the Universal Church, and especially for that Honorable Assembly of three Estates there present, that they might make such Laws, as should be to God's Glory, and the good of the Realm.
The Sermon being ended, and a Psalm sung, her Majesty and the rest orderly on foot proceeded out of the South Door, where she delivered the Dean the Scepter, and so proceeded into the Parliament Chamber, where the Queen stayed a while in her Privy Chamber, till all the Lord's and others were placed, and then her Highness came forth, and went, and fate her down in her Royal Place, and Chair of Estate (the Sword and Cap of Maintenance born before her) and when she stood up, her Mantle was assisted and born up from her Arms, by the Lord Robert Dudley, Master of the Horse, and Sir Francis Knowles Vice-Chamberlain.
The Lord Keeper sat alone upon the uppermost Sack, until the Queen was sat, and then went and stood without the Rail, on the right hand the Cloth of Estate; and the Lord Treasurer, holding the Cap of Estate, on the right hand before the Queen, Garter standing by him, and on the left hand standing the Earl of Worcester, with the Sword, and by him the Lord Chamberlain.
The Duke of Norfolk began the first Form, and the Viscount Montague (for that the Viscount Bindon was not there) ended it.
The Lord Clinton, the Lord Admiral, began the Form behind that of Barons, and the Lord St. John of Bletsoe ended it.
The Archbishop of Canterbury began the Bishops Form, and the Bishop of Gloucester ended the same.
On the Woolsack on the right hand, and Northside, sat Sir Robert Catlin and Sir James Dyer Chief Justices, Sir William Peter, Anthony Brown, Corbett, Weston, and M r Gerrard the Queens Attorney.
On the Sack on the left hand and Southside, sat Sir William Cordall, Master of the Rolls, Sir Edward Saunders Chief Baron, Justice Widdon, Serjeant Carus, and M r Russell the Queens Solicitor, and at their Backs sat Sir Richard Read, Doctor Yale, and Doctor Vaughan.
On the other Sack sat Doctor Huicke, Spilman Clerk of the Parliament, and M r Martin Clerk of the Crown; and behind them kneeled M r 〈◊〉 , Allen, Dyeter, Nicasius, Cliffe and Permitter.
At the side hand of the Queen sat on the ground three or four Ladies, and no more; and at the back of the Rail, behind the Cloth of Estate, kneeled the Earls of Oxford and Rutland under Age, the Earl of Desmond, the Lord Roos, the Lord Herbert of Cardiffe, and divers other Noblemen’s Sons and Heirs.
Nota, That these foregoing passages, touching the solemn manner of her Majesty's coming to the Upper House, are not at all found in the Original Journal-Book of the same, but are transcribed out of a written Copy or memorial of them, I had by me, as doth also the Lord Keepers Speech follow, out of the same, in the next place.
The Queens Majesty (being set (as aforesaid) under the Cloth of Estate) the House of Commons had notice thereof; and thereupon the Knights, Citizens and Burgesses of the same, repaired to the Upper House, and being, as many as conveniently could, let in, she Commanded Sir Nicholas Bacon the Lord Keeper, to open the cause of Calling and Assembling this Parliament, who thereupon spake, as followeth.
My Lord's and others of this Honorable Assembly,
YOU shall understand, that my most Dread and Sovereign Lady the Queens Majesty, here present, hath Commanded me to declare the occasion of this Assembly, which I am not able (but unmeet) to do, as it ought to be done, among such a noble, wise and discreet Company. Howbeit, knowing the Experience of her Majesty, bearing with such as do their good wills, and your Honors Patience, in bearing with me in the like, afore this time; it encourageth me the better herein, not doubting of the like at this present. Therefore my Lord's, the occasion is, that necessary matters be provided for, propounded and scanned, and after agreed upon, and ended, which afterwards shall remain and continue; which matters in my Judgment, may well be divided into two parts, one touching Religion for the setting forth of God's Honor and Glory, and the other concerning Policy, for the Common-Wealth, as well for provision at home, as to provide for the Foreign Enemy abroad: Which said matters of Religion, may again be divided into two parts; for God's cause being sincerely weighed, considered and followed, bringeth forth good success in all Affairs, and being not followed, but neglected, and made light of, how can anything prosper, or take good effect? And the greater the Personages be, which so abuse the same, the greater the fault is, to the damage of the whole Common-Wealth; for all men's Eyes be fixed on those who be in Authority; for as the Head is, even so is the Foot; and after the Superior followeth the Inferior. For as God's Law itself is perfect, so there is no imperfection therein, but that which cometh of ourselves, wherein I cannot excuse either the spiritualty or laiety. For as the Preachers be not so diligent in their Vocation of Preaching, as they ought to be, even so we of the Laity be neither so diligent in hearing, nor yet in doing as we should be. And thirdly, some of the Laity in not giving credit unto it, as it ought for to be For as all in Authority ought to be credited, and their doings taken in the best part, yet I would wish the same should continue no longer than they do well.
And where at this present there is great want of Ministers, and some of them that be, be much insufficient; which, considering the time, are to be born withal, not doubting the Circumspection of the Bishops, in well looking to the placing of such, which shall be appointed hereafter; and those which be, and will not be reformed, to have sharp punishment. For as heretofore the Discipline of the Church hath not been good, and again, that the Ministers thereof have been slothful, even so for want of the same hath sprung two Enormities; the first is, that for lack thereof, every man liveth as he will, without fear; And secondly, many Ceremonies agreed upon, but the right Ornaments thereof, are either left undone, or forgotten. As in one point, for want of Discipline it is that so few come to Service, and the Church so unreplenished, notwithstanding that at the last Parliament, a Law was made, for good Order to be observed in the same; but yet as appeareth not Executed. Therefore if it be too easy, let it be made sharper, and if already well, then see it Executed. For the want of Discipline causeth obstinacy, contempt and growing of Heresy; therefore better to be winked at and unspoken, than bruted abroad and unperformed: Therefore, in mine opinion, the device is good, that in every Diocese there be Officers appointed and devised, as hath been thought good, to sit for redress of these and such like Errors, twice or thrice a Year, till the faults be amended. In which well doing, the Head-Officers are to be born withal, and maintained; and Laws to be made for the purpose: the chief Care of which said former matters pertaineth to you, my Lord's of the Spiritualty, wherein you must take pains to travel, whereunto be Laws to be joined, not only for the more perfecting of the same, but for the maintenance, as well of the Heads, as the Ministers thereof.
Now to the second part, of Policy for the Common-Wealth; for as there be faults for want of Discipline, so are there faults in the imperfection, and want of Execution, which imperfection must be looked unto; and want of Laws which needeth to be provided for and made; and to consider, if there be not too many Laws for one thing, and those so large and busy, that neither the Commons can understand the same, nor yet well the Lawyer, which would be brought into some briefer and better Order, and there Executed. For which purpose, it is necessary to take care, to have good Ministers thereof, and secondly, to banish all fearfulness for prosecuting the same; and over and besides, that to appoint proved men to inquire of these Ministers, whereby they may have the better regard to their Duty: For, even as the Visitation of the Church is and was well appointed for the Church, so now is he like to be appointed for the Temporalty. For if the Laws be not well Executed, my part is not the least thereof, which Yearly I would be glad to hear of. The third for the Enemy, as well here bred amongst us, as abroad: for whereas the Queens Majesty at her entrance found this Realm in War with Foreign Power, at which time lack of Treasure, Artillery, Force and other things, caused her to agree to a Peace, although not the best, howbeit for our surety she spared no cost to bring it to pass; which notwithstanding, of later time, certain old cankered Enemies of this Realm, attempted to put in Execution to bring the Scots to the Governance of France, and so being a firm Land to ours, to have been our utter Enemies; which danger the Queen foreseeing, sought by all means, as well by her Ambassadors as others, to stay the Enterprise, but could not; and therefore helped her Neighbors of Scotland, and so disappointed that attempt; or else afore this time I doubt the Scottish Territories would have been too little to have holden them, but that they would have troubled us, not only at Barwick, but at the Walls of York; which said attempt, being by the means of her Majesty stayed and letted, the said bent Enemies have attempted the same in France, to the whole disturbance of all Christendom, and all done for the mischief of this Realm, (joined with a devilish Conspiracy within ourselves, tending to the aiding of the Foreign Enemy, and by their own Confession, to have raised a Rebellion in this Realm) And for that by none of her Graces Travels or means, she could there stay their Enterprise, or make them agree, she was forced the rather to stay the same, for the surety of this Realm, to the no little charge of her Majesty: for in these proceedings, and in repairing of these, and other like faults, I dare be bold to say (for that I am thereof assured) it hath cost her Majesty as much as two of the best Subsidies, which at any time hath been within this Realm; and all at her own proper Charges, without either straining of her Subjects, or having aid of them, towards the same. Howbeit she yet thinketh it well spent, for often it chanceth, that money is better spent than spared; as the common saying is, That a penny is well spent which afterwards saveth a pound. And so in this, if that money had not been so spent in staying in time their attempted Enterprises, it would afterwards have turned to no little prejudice, nor yet small Charge of this Realm. And where afore this time Princes commonly have had some vein or delight to spend Treasure upon for their pleasure, which the Queen hath none, but only for the Common-Wealth and surety thereof, so that we may most justly and fortunately say to her great Praise, that the relieving of the Realms necessities is our Princes whole delight: And notwithstanding all the disbursements of these her great Charges, yet she was (as I right well know) very hardly brought to, and persuaded to call this Parliament, in which she should be driven to require any aid, or by any means to charge her Subjects, if by any other means it might have been holpen: and so her Majesty herself Commanded to be declared. And I for my part, and so do others very well know; for the Commons little think or consider what a trouble want is to her, whereby she is forced to ask of them (which surely is against her nature) but that she is thereunto forced, for the surety of this Realm.
And for that the nether House cannot, being so many together, but of necessity must have one to be a Mouth, Aider or Instructer unto them, for the opening of matters, which is called the Speaker, Therefore go and Assemble yourselves together and Elect one, a discreet, wise, and learned Man, to be your Speaker, and on Friday next the Queens Majesty appointeth to repair hither again, for to receive the Presentment of him accordingly.
The manner of her Majesty's coming to the Upper House, with the Lord Keepers Speech, being supplied out of that written Copy or Anonymous Memorial, I had by me, as aforesaid, now follow the Names of the Receivers and Tryors of Petitions, out of the Original Journal-Book itself of the Upper House.
Then the Clerk of the Parliament read in French the Names of such, as should receive, hear, and try the Petitions for England, France, Scotland, Ireland, Gascoigne and Guyen, &c. which were as followeth.
Receivers of Petitions for England, Ireland Wales and Scotland, viz.
Sir Robert Catlin, Chief Justice of the Kings Bench; Sir William Cordall, Master of the Rolls; Sir Anthony Brown, Knight; Sir Richard Read, Knight; and Doctor Huicke; And such as will prefer any Petitions, are to deliver them in six days next ensuing.
Receivers of Petitions for Gascoigne, and other parts beyond the Seas, and the Isles, viz.
Sir James Dyer Knight, Chief Justice of the Common-Pleas; Sir Edward Saunders Knight, Chief Baron; Justice Weston, M r John Vaughan, and Doctor Yale; And such as will prefer any Petitions, are to deliver the same within six days next ensuing.
Triors of Petitions for England, Ireland, Wales and Scotland, viz.
The Archbishop of Canterbury, Lord Marquess of Winchester, Treasurer of England; the Duke of Norfolk, Earl Marshal of England; the Earl of Arundel, the Earl of Rutland, the Earl of Bedford, the Earl of Pembroke, the Bishop of London, the Bishop of Durham, the Bishop of Salisbury, the Lord Clinton, Admiral of England, the Lord Rich; all these together or four of the Prelates, and Lord's, calling to them the Keeper of the Great Seal, and the Treasurer, and the Queens Serjeant, when need shall require, shall hold their places in the Chamberlains Chamber.
Triors of Petitions for Gascoigne, and other Countries and parts beyond the Sea; viz.
The Archbishop of York, the Marquess of Northampton, the Earl of Shrewsbury, the Earl of Huntingdon, the Bishop of Winchester, the Bishop of Worcester, the Bishop of Oxford; the Lord Howard, the Lord Chamberlain, the Lord Abergaveny, the Lord Wentworth, the Lord Willoughby, and the Lord North; all they together, or four of the Prelates and Lord's aforesaid, calling to them the Queens Serjeant, Attorney, and Solicitor, when need shall require, shall hold their place in the Treasurers Chamber.
These Names of the Receivers and Tryors of Petitions foregoing, being thus transcribed out of the Original Journal-Book of the Upper House there should follow out of the same the Adjournment or Continuance of the Parliament, by the Queens Majesty, or the Lord Keeper by her Commandment; but the same being wholly omitted through the negligence of Francis Spilman, Clerk of the same, it is in part supplied out of that before-mentioned memorial Copy of this present days passages following.
Then the Lord Keeper Adjourned the Parliament till Friday next, and then the Queen returned to her Chamber, and shifted her, and so did all the Lord's, and then waited on her to the Water side, where she took her Boat, and departed to Whiteball from whence she came, and they till Friday at their pleasures; upon which ensuing Friday, her Majesty came again to the Upper House; but the manner and form thereof being wholly omitted in the Original Journal-Book of the Upper House, and only found in the foresaid Anonymous Memorials I had by me, is therefore inserted out of the same, in manner and form following.
On Friday the 15 th day of Jan. 1562. the Queens Majesty at her Privy-Stairs took Boat, and went by Water to the Parliament-House, about two of the Clock, the Lord's and Heralds waiting on her to the Landing place, on the back side of the Parliament; and so brought her to her Privy-Chamber, where she shifted her, and put on her Robes, and the Lord's theirs, as the first day; and then she repaired to her Seat, and the Lord's to theirs, with their Serjeants and Gentlemen-Ushers; before her the Lord Marquess of Northampton, bearing the Cap of Estate, the Duke of Norsolk the Rod of the Marshalsie, and the Earl of Northumberland the Sword; the Lord Robert Dudley, Master of the Horse, and the Baron of Hunsdon, sustained her Mantle, from her Arms: And her Train was born by the Lord Chamberlain, Vice-Chamberlain, and M r Ashley, Master of the Jewel-House; and the Lord Keeper standing at the back of the Rail, on the right, and the Lord Treasurer on the left. And because this is the first Session of the Second Parliament of her Majesty, I thought it worth the labor to cause the presence of her Majesty, and the Lord's spiritual and Temporal, to be inserted, directly according unto the Copy thereof in the Original Journal-Book of the Upper-House.
-
Die Veneris 15to Januar. Domini tam Spirituales, quam Temporales, quorum nomina subsequuntur, praesentes fuerunt.
- Pr. Regina.
-
- Pr. Archiepiscopus Cantuar.
- Pr. Archiepiscopus Eboracen.
- Pr. Episcopus London.
- Pr. Episcopus Dunelmen.
- Pr. Episcopus Winton.
- Pr. Episcopus Cicestren.
- Episcopus Landaph.
- Pr. Episcopus Hereford.
- Pr. Episcopus Elien.
- Pr. Episcopus Wigorn.
- Pr. Episcopus Bangoren.
- Pr. Episcopus Lincoln.
- Pr. Episcopus Sarum.
- Pr. Episcopus Meneven.
- Pr. Episcopus Rofsen.
- Pr. Episcopus Bathon: & Wellen.
- Pr. Episcopus Coven. & Lichfeild.
- Pr. Episcopus Exon.
- Pr. Episcopus Norwicen.
- Pr. Episcopus Petriburgen.
- Episcopus Carliolen.
- Pr. Episcopus Cestren.
- Pr. Episcopus Assaven.
- Pr. Episcopus Gloucestren.
Nota, That this is the very express manner and form, by which the presence of her Majesty, the Lord Keeper, and the Lord's Spiritual and Temporal, is set down and marked out, upon this present Friday, being the first day of this her Highnesses Second Session of her Parliament; and at the beginning of every Lord's name that was present, are the Letters Pr. prefixed, by which it appeareth, and may certainly be concluded, that all they, before whose names those Letters are not set down, and entered, were then absent, which hath been the constant course of Recording such presence, in all the Original Journal-Books of the Upper House, both of former and latter times, which is so obvious to every man's curiosity, that will search, that it needs no further dilating.
- Pr. Nicolaus Bacon Miles, Dominus & Custos magni Sigilli.
- Pr. Marchio Winton. Thesaurarius Angliae.
- Pr. Dux Norfolciae Comes Mareschallus Angliae.
- Pr. Marchio Northampton.
- Pr. Comes Arundell. Seneschallus Hospitii Dominae Reginae.
- Pr. Comes Northumbriae.
- Comes Westmorland.
- Pr. Comes Salop.
- Pr. Comes Darbiae.
- Pr. Comes Wigorn.
- Pr. Comes Rutland.
- Comes Cumberland.
- Comes Sussex.
- Pr. Comes Huntingdon.
- Comes Bathon.
- Pr. Comes Bedford.
- Pr. Comes Pembroke.
- Pr. Vice-Comes Hereford.
- Pr. Vice-Comes Montague.
- Vice-Comes Howard de Bindon.
In the next and second Rank after the Spiritual Lord's, are the names of the Lord Keepers, and of all other Temporal Lord's, entered above the degree of Barons, and the reason why the names of the Spiritual Lord's are thus entered, before the Lord Keepers, and all other Temporal Lord's, although divers of them enjoy likewise the great Offices of the Kingdom; is not because they have all precedence of them, but either in respect that the Archbishop of Canterbury (when there is one) is the first Peer of the Realm, and so one of the rank with whom they sit in the Upper House, and therefore ought to be ranked with him, or else in respect of their Ecclesiastical Dignities, which are preferred before the Temporal, as the Church is before the Common-Wealth.
- Pr. Dominus Clinton Admirallus Angliae.
- Pr. Dominus Howard de Effingham Camerarius
- Dominae Reginae.
- Pr. Dominus Burgavenny.
- Dominus Audley.
- Pr. Dominus Strange.
- Dominus Zouch.
- Pr. Dominus Barkeley.
- Pr. Dominus Morley.
- Pr. Dominus Dacres.
- Pr. Dominus Dacres de Gillesland.
- Pr. Dominus Cobham.
- Dominus Stafford.
- Dominus Grey de Wilton.
- Pr. Dominus Scroope.
- Dominus Dudley.
- Pr. Dominus Lumley.
- Dominus Montery.
- Dominus Ogle.
- Pr. Dominus Darcie.
- Pr. Dominus Mountegle.
- Dominus Sandes.
- Pr. Dominus Vauxe.
- Pr. Dominus Windsor.
- Pr. Dominus Wentworth.
- Pr. Dominus Mordant.
- Pr. Dominus St. John.
- Pr. Dominus Cromwell.
- Pr. Dominus Evers.
- Dominus Wharton.
- Dominus Riche.
- Pr. Dominus Willoughbye.
- Pr. Dominus Sheffield.
- Dominus Pagett.
- Pr. Dominus Darcie de Chiche.
- Dominus North.
- Pr. Dominus Chandos.
- Pr. Dominus Haistings de Loughborough.
- Pr. Dominus Cary de Hunsedon.
- Pr. Dominus St. John de Bletsoe.
In this third and last rank are placed the Barons names, of which the two first precede, in respect of their Offices, the rest follow according to their several rights.
The presence of the Lord's being thus transcribed out of the Original Journal-Book of the Upper House, there is nothing worthy the further observation therein, but only that the Abbot of Westminster, who sat all the last Parliament, is not here at all mentioned, and the reason was, because himself, with five other Abbots and Abbesses, and many other of the Popish Clergy, were deprived of their Ecclesiastical Promotions, in An. Dom. 1559. at the end of the last Parliament. And now in the next place follows the manner of the Presentment of the Speaker, with his several Speeches, and the Lord Keepers Answers at large, out of a Memorial thereof I had by me, which I conceive for the most part to be the very Autography, or Original Copy thereof, taken by the hand of some industrious Member of one of the Houses, or at least some other Hearer, at this time present in the Upper House: It being set down in a hand at that time, and full of interlinings and amendments.
The Queens Majesty being set under her Cloth of Estate, and the Lord's having placed themselves according to their several Ranks, in their Parliament Robes, the Knights, Citizens and Burgesses of the House of Commons had notice thereof, and thereupon repairing to the Upper House, with Thomas Williams Esq their Speaker Elect, were (as many of them as conveniently could) let in; and the Speaker was led up unto the Bar or Rail, at the lower end of the said House, between Sir Edward Rogers Knight, Comptroller of her Majesty's Household, and Sir William Cecil Knight, her said Majesty's Principal Secretary; all of them making, in their proceeding up thither, three Obeysances; and the said Speaker, being placed there, after he had made three other like Obeysances, began as followeth.
RIght Excellent and most Virtuous Prince, our Renowned and Dread Sovereign Lady, on Tuesday last it pleased your Highness by the Mouth of the Right Honorable, the Lord Keeper of the Great Seal, for the more ease of the nether House of this Parliament, to Command them to go and Assemble themselves, and to Elect one, being wise, discreet and learned, to be their Speaker; who after a Consultation had (with one Voice) did Elect me, being indeed insufficient, as by, and for divers Causes I did then to them declare; Howbeit, whether it were that they, being so many wise men together, at the Electing of me, and therefore would not seem to speak against their own Election, or for what other cause I know not, but they refused my denial, and stood to their said Choice, and now present me here, to be at your Graces Appointment: I therefore, knowing my own imbecility, and yet not arrogantly refusing the same; as one amongst the Romans chosen from the Plough to a place of Estimation, and after to the Plough again; even so, I a Countryman, sit for the same, and not for this place, most humbly desire your Majesty, to discharge me hereof, and to appoint some other more able; and I, as I am bounden, will not only pray for your Highness, but also serve your Highness, and my Country, to my power, in the place of a Citizen, whereunto first I was Elect and appointed.
Then the Queen Called the Lord Keeper to her, declaring to him her Opinion, for the Answering of him; whereupon he returned to his place, and Answered as followeth.
M r Williams, The Queens Majesty hath well heard and pondered your Speech, and doth well perceive your modest and humble manner, in the disabling yourself to that place, whereunto her well-beloved Subjects have Elected and Chosen you, and now accordingly presented you, and hath also heard your Suit for discharge of the said Room; and for Answer, she hath Commanded me to declare unto you, that she commendeth well your modest and humble manner, in so disabling yourself, knowing that Judgment appertaineth to the Caller, and not to the party Called; And, forasmuch as her Majesty is credibly informed, as well of your knowledge and experience in other Parliaments, as in other great and weighty matters, she thinketh now therefore, 〈1 page duplicate〉 〈1 page duplicate〉 she cannot disable you, without some peril to the Realm; and the rather, for that the wise Knights, Citizens and Burgesses have nominated and Chosen you, she cannot grant your Petition; And besides, that your modest Order in disabling yourself, doth right well declare your ability to furnish the place; for which cause the doth allow this Election, and Presentation made of you; not doubting your care to be such, but that the good Opinion her Majesty and the Burgesses have of you, shall be augmented and increased, and the Burgesses not to repent their Election. Therefore your Office is to take it upon you.
Whereunto the Speaker Answered as followeth.
Most Honorable,
ALthough afore this time, the place hath been furnished with Orators, and therefore their matter entreated of worthily called an Oration; yet I now, void of any such knowledge, require that name may be left, and that it might bear the name of an Epistle with a Request. And for the better understanding thereof, I will divide the matter into three parts; one for time past, and the second, time present, and the third, time to come. But fearing to fall between two Mountains, as to be counted either ungrate, or dissembling, I know not what to say; but yet seeing Savage Beasts forget not them who do well unto them, as appeareth by the story of a Lyon, out of whose foot a certain Man took a Thorn, which said person, being afterwards cast to the same Lyon to be devoured, the Lyon not forgetting, but remembering the former kindness shown unto him, would not devour him, but ever after followed the same Man; even so, without too much ingratitude, can I not let pass your Majesty's manifold benefits extended upon us; which although worthily to be declared, they pass my Capacity now to express, yet think it Blasphemy to suffer it clean to be untouched, and therefore in some part will put in remembrance the same; which I will divide into two parts; the one spiritual, the other temporal. For the first, When God planted your Highness in this place, you found it not so furnished with Treasure, as other your Predecessors have, although, if you had, yet occasions enough to employ it; which notwithstanding, you did not take the extremity of Penal Statutes, and other forfeitures, due unto you, but pardoned all such, as in time convenient required it. Also your Majesty did vouchsafe to take upon you the Charge of both the States, as well Spiritual as Temporal, and so purged this Church of all ill Service, and placed therein Service to God's Honor: Further, what great Plague and Dearth happened by ill money this twenty Years last past, which within one Year is brought to good again, with little loss of your Subjects? Your Majesty prevented also, as well the Attempt in