The Journals of All the Parliaments During the Reign of Queen Elizabeth. Originally published by Irish University Press, Shannon, Ire, 1682.
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THE JOURNAL OF THE House of COMMONS.
A Journal of the Passages of the House of Commons in the Session of Parliament bolden at Westminster, An. 14 Reginæ Eliz. A. D. 1572, which began there on Thursday the 8th Day of May, and then and there continued until the Adjournment thereof on Monday the 30th and last Day of June next ensuing.
THIS Journal of the House of Commons containeth in it not only many good passages touching the ordinary reading, committing and expediting of Bills, but is plentifully stored also with the frequent agitation and discussion of that great business touching the Scottish Queen, whose practices not only with Thomas Howard Duke of Norfolk, but also with the Foreign Enemies of her Majesty for the destruction and Invasion of the Realm are notably described; which also is much enlarged out of a written Copy I had by me of such reasons as were conceived in the House of Commons for her speedy Execution, and of the Petition also preferred to her Majesty to the same purpose: which said Reasons and Petition being not found in the Original Journal-Book of the House of Commons, I have therefore, to avoid confusion, distinguished by an Annotation or Animadversion from that of the Journal it self, where it hath in its due place been inserted. There passed also in this said Session a Bill against the said Queen of Scots, which is falsly referred in divers Copies thereof to the 23th year of her Majesty.
On Thursday the 8th day of May, this first session of the fourth Parliament of her Majesties Reign beginning at Westminster, The Right Honourable the Earl of Lincoln, High Admiral of England, and by her Highness appointed Lord Steward for this present time, came to the Lower House of Parliament accompanied with divers others of her Majesties most Honourable PrivyCouncil, viz. Sir Francis Knolles Knight, Treasurer of her Highness most Honourable Houshold, Sir James Crofts Knight, Comptroller of the same, Sir Ralph Sadler Knight, Chancellor of her Majesties Dutchy of Lancaster, and Sir Walter Mildmay Knight, Chancellor of her Highness Court of Exchequer: And did then and there minister the Oath unto all the Knights, Citizens, Burgesses and Barons then and there Assembled; The said Earl of Lincoln Constituting and Authorizing the said Sir Francis Knolles, Sir James Crofts, Sir Ralph Sadler and Sir Walter Mildmay to be his Deputies in and for the more speedy ministration of the said Oath, according to the Statute in that behalf lately made and provided, unto all such others of the said Knights, Citizens, Burgesses and Barons as should happen afterwards to appear upon any return during this present Parliament.
This day Robert Bell of the Middle-Temple London Esq; was Chosen Speaker for this present Parliament. But whether her Majesty were this day in Person in the Upper House, or by what Authority from her said Highness the said Speaker was Elected, cannot possibly be gathered out of the Original Journal of the said Upper House, or that of the House of Commons, but elsewhere it appears the Lord Keeper gave them Authority in the end of his Speech on Thursday foregoing.
On Saturday the 10th day of May, Mr Speaker was by the House presented to the Queens Majesty, and of her Highness well accepted and allowed; who after his Oration made and the Ordinary Petitions granted, repaired to the House of Commons; and being set in the Chair received the Oath. After which according, to the usual form was read,
The Bill concerning Bayles to be taken in the Court of Common-Pleas, was read the first time.
On Monday the 12th day of May, Four Bills of no great moment had each of them their first reading; of which the third being the Bill for Proclamations to be made in Parish Churches and Chappels before Outlawries, was committed unto Mr Gent, Mr Robert Snagg, Mr Fenner, Mr Humberston, Mr Flowerdue, Mr French and Mr Boyes: who were appointed to meet this Afternoon at two of the Clock in the Temple Church.
The Lords did send Sir Richard Read and Mr Dr Huick, to require Mr Speaker and this whole House forthwith to make their repair unto their Lordships in the Upper House; and upon their repair thither the Lord Keeper signified unto them, that the Queens Majesties Pleasure is, that twenty one of the said Upper House and forty four of this House should meet to Morrow in the Morning at eight of the Clock in the StarChamber, then and there to consult and deliberate upon matters concerning the Queen of Scots. Whereunto were appointed of this House.
Mr Chancellor of the Dutchy.
Mr Chancellor of the Exchequer.
My Lord Deputy of Ireland.
Sir Maurice Berkeley.
Sir Hugh Pawlet.
Sir Thomas Scott.
Sir Owen Hopton.
Sir Nicholas Arnold.
Sir John Thinne.
Sir Hen. Gate.
Sir Rowland Hayward.
Mr Doctor Wilson.
Mr Attorney of the Dutchy.
Mr Recorder of London.
Mr Serjeant Manwood.
Mr Serjeant Geffry.
Mr Charles Howard.
Mr Hen. Knolles Sen.
Mr Hen. Knolles Jun.
Mr Peter Wentworth.
Mr William Moor.
Mr John Vaughan.
Mr Tho. Randall.
Mr John Vaughan of Caermarthen.
Mr Greenfield Sen.
Mr Charles Somerset.
Mr Hen. Killegrew.
Mr William Gerrard.
Mr Dalton and
Vide concerning this matter on Thursday the 26th day of June following.
On Tuesday the 13th day of May, the Bill for the Almeshouse of Plymouth in the County of Devon. was read the second time, and committed unto Mr Edward Stanhope and Mr Robert Snagg, and by them in certain points amended and returned again.
Five Bills also of no great moment had each of them their first reading; of which the first was against fraudulent Conveyances and secret Estates of Lands; and the second for Christs Hospital.
On Wednesday the 14th day of May, Two Bills of no great moment had each of them one reading; of which the second being the Bill that Tenants and Defendants in Actions may pray a Tales de circumstantibus as well as Plaintiffs and Defendants, was read the first time and delivered to Mr Fleetwood to be augmented for the Counties Palatine.
The Bill lastly for Explanation of a Statute made, that the Lands and Goods of Tellors and Receivors should be liable to the payment of their Debts, was read the second time, and committed unto Sir Walter Mildmay, Mr Wilbraham, Mr Fanshawe, Mr Norton, Mr Sampoole and Mr Robert Snagg: who were appointed to meet at three of the Clock at Sir Walter Mildmay's House.
On Thursday the 15th day of May, Mr Attorney General and Mr Sollicitor, were sent from the Lords to require Mr Speaker that a convenient number of this House should attend upon their Honours in the Council-Chamber for Conference; and signified that they had good liking of the first Committees for that purpose on Monday last. Whereunto the House being moved by Mr Speaker fully assented.
And upon the repair of the said Committees to the Lords and their return to this House again, it was declared by Mr Treasurer, that the said Lords had appointed to meet in the Afternoon at two of the Clock in the Star-Chamber, willing them to attend them there for further direction, and a Plot to be devised for their manner of proceeding in the matter concerning the Queen of Scots. Vide de ista materia on Thursday the 26th day of June ensuing.
The Bill for the due Execution of the Statute for Weights and Measures, and reformation of the abuses of the Clerk of the Market, was read the first time.
On Friday the 16th day of May, A Motion being made whether it were convenient that this House and the Lords should join in Petition to move the Queens Majesty for the Execution of the Duke of Norfolk (who was afterwards Beheaded on the Tower-Hill on the 10th day of June following) or that the common opinion of this House touching necessary Execution to be done upon him were meet to be signified unto her Highness, as their general Resolution. And upon the Question all the House thought that the general resolution was meetest to be signified unto her Majesty, but not by way of Petition or direction of this House.
Two Bills also of no great moment had each of them one reading; of which the second being the Bill against fraudulent Conveyances and secret Estates of Lands, was read the second time and committed unto Sir Hen. Gates, Sir Nichol. Arnold, Mr Recorder, Mr Mounson, Mr Fenner, Mr Edward Stanhoppe, Mr Snagg, who were appointed to meet in Lincolns-Inn-Hall this Afternoon at two of the Clock, and to return the Bill to Morrow.
On Saturday the 17th day of May, Five Bills of no great moment had each of them their first reading; of which the last being the Bill that Patrons shall not lose their Presentations by lapse without notice when the Incumbents take another Benefice, was read the first time.
Upon sundry Motions made by divers of this House, it was Ordered, that Arthur Hall Esq; for sundry lewd Speeches used as well in this House as also abroad elsewhere, shall have warning by the Serjeant to be here upon Monday next, and at the Bar to answer to such things as he shall then and there be charged with.
And it was further Ordered, that all such persons as have noted this words in writing, either in this House or abroad, do forthwith assemble in the Chamber above, and put the same words in writing, and afterwards deliver them to Mr Speaker, to the end he may charge the said Hall on Monday next. On which said day see more concerning this matter.
On Monday the 19th day of May, Four Bills of no great moment had each of them one reading; of which the last being a Bill for the Repeal of a former Statute made for the Town of Shrewsbury, was read the second time, and Ordered to be ingrossed.
The Bill for Explanation of 32 H. 8. for Recoveries, was read the second time, and committed unto the Master of the Wardrobe, Sir Nicholas Arnold, Mr Attorney of the Court of Wards, Mr French, Mr Bowreman, and Mr Snagg.
Wednesday next was appointed unto Lodwicke Grevill Esq; to make his appearance in this Court at the same hour he should have appeared this present day.
The Bill concerning Presentations by Law was read the second time and Ordered to be considered of by Mr Tho. Browne, Mr Doctor Yale, Mr Wolley, Mr French, Mr Baber, Mr Jeoffrey, Mr Gates and Mr Bowreman: who were appointed to meet this Afternoon in the Middle Temple Church.
Mr Doctor Lewes and Mr Doctor Vaughan, brought from the Lords a Bill touching Vagabonds, and for relief of the Poor.
The Bill concerning Rites and Ceremonies was read the second time, and Ordered to be ingrossed.
Mr Doctor Yale and Mr Doctor Huick brought from the Lords a Bill against the Forging of Foreign Coin not currant within this Realm.
Four Bills also of no great moment had each of them one reading; of which the second being the Bill against the deceits of Under-Collectors of the Tenths and Subsidies of the Clergy, was read the second time and Ordered to be ingrossed.
Mr Attorney of the Court of Wards in the name of all the Committees in the great cause (whole names see on Monday the 12th day of this instant May foregoing) made report unto the House of their Conference therein had with the Lords; which being done, after sundry Speeches it was upon the Question resolved by the House, for the better safety and preservation of the Queens Majesties Person, and the present State, to make choice of proceeding against the Scottish Queen in the highest degree of Treason, and therein to touch her as well in Life as in Title and Dignity, and that of necessity with all possible speed by the whole Voice of the House.
But upon what occasions or motives the House grounded this their advice and resolution, doth not appear in the Original Journal-Book of the same: But most probable it is, that they were the same which remain in written Copies in many hands, though falsly attributed to have been presented unto her Majesty in the Thirteenth Year of her Reign: whereas it appears plainly by both the Original Journal-Books of the Upper House and House of Commons, and by all other Monuments of the Parliament de an. 13 Regin. Eliz. that there was not so much as any mention made of the Queen of Scots or her dangerous practices, which were so much and so often agitated in this present Session de an. 14. And therefore it being so plain that they were tendered unto her Majesty in this said present Session, and being also most likely that they were at this time framed in the House of Commons, and were the cause of this dayes above-recited Resolution, although it doth not certainly appear that they ought to be referred to this very place; yet I thought good to have them inferted here in manner and form following. Which said reasons (as is very probable) were presented unto her Majesty the 28th day of May ensuing.
Reasons to prove the Queens Majesty bound in Conscience to proceed with Severity in this Case of the late Queen of Scots.
THE Word of God which is the only Director of Consciences, and a certain Rule for all Estates and Offices, doth often and most earnestly teach, that Godly Princes or Magistrates not only in Conscience safely may, but also in Duty towards God ought severely and uprightly to administer Justice.
For this is one of the Principal Causes for the which the Providence and Wisdom of God hath ordained Magistrates in Common-Wealths, that they might by Justice and punishment according to the greatness of the offences repress the wickedness of Mankind, whereunto by corruption of nature they are inclined.
The Magistrate (as St Paul faith, Rom. 13.) is the Minister of God and the Revenger of wrath towards him that hath done evil, &c. And St Peter, 1 Pet. 2. Be subject to the King as to the Chief, or to the Under-Rulers as sent of him ad vindictam nocentium, to the punishment or revengement of Offendors, and to the praise of them that do well.
If the Magistrate doth not this, God threatneth heavy punishment. When you were (faith Wisdome to Princes, Sap. 6.) the Ministers of his Kingdom, you have not Executed Judgment rightly, nor kept the Law, nor walked according to his Will. Horrible therefore and right soon shall be appear unto you: for an hard Judgment shall they have that bear rule. Potentes potenter tormenta patientur.
Now then if the Magistrate be the Minister of God, in his name and authority to punish the wicked according to the Measure of their offences, and are threatned grievous punishment if they do not; and on the other Party, the late Scottish Queen hath offended in two highest degrees both concerning Gods Religion and the disinheriting and destruction of our Prince: we see not but her Majesty must needs offend in Conscience before God, if she do not punish her according to the measure of her offence in the highest degree.
Small punishment for great offences in respect of any person is partiality and slack Justice, which God above all things in Judgment forbiddeth. Consider not (faith God) the person of the poor, nor honour the Countenance of the rich, Levit. 19.
It is not good (faith Solomon, Prov. 18.) to consider the person of the wicked thereby to decline from the truth of Judgment.
And Jesus Sirach, Make no labour to be a Judge, except thou have that stoutness that thou mightily mayest put down wickedness: for if thou stand in awe of the mighty, thou canst not but fail in giving Sentence. Ecclus. 7.
Wherefore whether the late Queen of Scots be Queen or Subject, be Stranger or Citizen, be Kin or not Kin, by Gods word for so great offences she should have the just deserved punishment, and that in the highest degree.
The second Reason. When God by his just Providence doth commit any grievous Offendor into the hands of a Prince or Magistrate as to his Minister to be punished, he ought to fear the heavy displeasure of God if by any colour he do omit the same. Non enim hominis Judicium est, sed Dei; & maledictus est qui facit opus Domini fraudulenter vel negligenter: For God often times brings Sinners to punishment for other offences than those that are known and appear to the World. And therefore hath he shewed himself grievously displeased when such by colour of Mercy and Pity in Princes have escaped just Judgment.
Because Saul spared Agag, (1 Reg. 15.) although he were a King, God took from the same Saul his good Spirit, and transferred the Kingdom of Israel from him and from his Heirs for ever.
When Achab spared Benhadad the King of Syria by his unreasonable Clemency, though he were a great Prince, God willed the Prophet to say unto him, Because thou hast let escape out of thy hands the man that I would have to die, thy life shall be for his life, and thy people for his people.
In these Examples great pretence might be made for Mercy for sparing of them, and great reproach of bloodiness and Cruelty in the contrary; but we see how God judged them.
The late Queen of Scots being a grievous Offendor divers ways both before she came into this Land and afterwards also, hath been by Gods special and remarkable Providence put into the Queens Majesties hands to be punished, and that far more notably than Agag and Benhadad were put into the hands of Saul and Achab.
Therefore it is greatly to be feared if she escape as Benhadad did under pretence of mercy and favourable dealing, that Gods heavy displeasure will for the same, light both upon the Prince and the Realm, as it did upon the Achab and the Israelites shortly after.
This Sentence of the Prophet (as it is for certain reported) was spoken to the Lord James now Regent in Scotland, when with too much lenity he proceeded therein; it hath followed too true in him, the Lord turn it from our Gracious Soveraign.
The third Reason. Every good Prince ought by Gods Commandment to punish even with Death all such as do seek to seduce the People of God from his true worship unto Superstition and Idolatry. For that offence God hath always most grievously punished, as committed against the first Table, Deut. 13. His words are these: If thy Brother the Son of thy Mother, or thine own Son, or thy Daughter, or thy Wife that lieth within thy Bosom, or thy Friend which is as thine own Soul unto thee, shall entice thee saying, Let us go and serve strange Gods, &c. Thou shalt not consent unto him nor bearken unto him; thine Eye shall not pity him, neither shall thou have compassion upon him, nor keep him secret, but cause him to be slain; thine own hand shall be first upon him to kill him, &c. And afterwards addeth, and all Israel shall fear to do any more any such wickedness.
The Residue of that Chapter afterwards containeth more grievous matter, which we would with all them to read that in great offences under the colour of pity are loth to have sharp punishment used.
Here you may perceive that God willeth his Magistrate not to spare either Brother or Sister, Son or Daughter, Wife or Friend, be he never so nigh, if he seek to seduce the People of God from his true Worship; much less is an Enemy and Traitor to be spared. Yea, and he addeth the cause why he would have such sharp punishment used in such Cases, That Israel may fear to do the like.
But the late Queen of Scots hath not only sought and wrought by all means she can, to seduce the people of God in this Realm from true Religion; but is the only hope of all the Adversaries of God throughout all Europe, and the Instrument whereby they trust to overthrow the Gospel of Christ in all Countries. And therefore if she have not that punishment which God in this place aforementioned appointeth; It is of all Christian hearts to be feared, that Gods just Plague will light both upon the Magistrates and Subjects: but that by our Slackness and remiss Justice we give occasion of the overthrow of God's Glory and truth in his Church mercifully restored unto us in those latter days.
Euseb. li. 2. de vita Constantini.
Constantinus Magnus caused Licinius to be put to Death, being not his Subject but his Fellow-Emperor, for that the said Licinius laboured to subvert Christian Religion. And the same Constantinus is for the same in all Histories highly commended. Much more shall it be lawful for; the Queens Majesty to Execute this Woman, who besides the Subversion of Religion hath sought the Life of the same our Gracious Soveraign.
The Fourth Reason. It is dangerous for any Person being a Prince, both for his own State as also for that punishment which may come from God's hand, by Slackness of Justice in great offences to give occasion by hope of impunity of the increase of like wickedness.
Joab being spared of David for Murthering Abner, killed Amasa also.
Because Amnon was winked at by his Father for committing Rape and Incest with his own Sister, Absalom under hope of like Impunity was emboldened to murther his Brother Amnon.
But look, I pray you, how grievously God punished that slack Justice of David coloured with a tender heart towards his Children. Did he not suffer, yea and by his just Judgment raise one of his own Sons towards whom he used that excessive tenderness and pity to rebel against him and drive him out of his own Kingdom?
The late Scottish Queen hath heaped up together all the Sins of the Licentious Sons of David, Adulteries, Murders, Conspiracies, Treasons, and Blaspemies against God also; and if she escape with small punishment, her Majesty in Conscience ought, as also good and faithful Subjects to fear that God will reserve her as an Instrument to put her from the Royal Seat of this Kingdom, and to plague the unthankful and naughty Subjects. Quod omen ut Deus avert at precamur. Shall we think that God will not plague it? Surely our hearts do fear he will do it grievously.
The fifth Reason. A Prince ought in Conscience before God by all the means he can to see to the Quietness, Safety and good Estate of that People over which God hath appointed him Governour.
For in the Prophets oftentimes under the names of Pastors and Watchmen he threatneth great punishment to Princes and Governours for the contrary; especially in Ezechiel 33, and 34. And signifieth, that if his People perish either in Soul or Body, by slackness in administring justice or by any other mis-government, God will require their Blood at the Princes hands; which places as they may be applied to Prophets and Teachers, so do they not exclude but principally comprehend Kings and Magistrates, as Hieronymus noteth in Ezechiel 33. the words of the Prophet are these, viz.
If the Watchmen see the Sword and blow not the Trumpet, so that the people is not warned; If the Sword come then and take any man from among them, the same shall be taken away in his own sin from among them, but his Blood will I require at the Watchmans hand. Ezechiel 33.
And again, Woe unto the Shepherds that destroy and scatter my Flock, faith the Lord, &c. You scatter and thrust out of my Flock and do not look upon them: Therefore will I visit the wickedness of your imaginations, &c. Jer. 23. By these and such other words in many places God signifieth, if his People perish either in Soul or Body by the slack or remiss Government of them that are appointed Rulers over them, and as it were Shepherds and Herdsmen to keep them from danger, that he will require the Blood of his people at their hands.
But the late Scottish Queen with her Allies by the pretensed Title, and other wicked, devilish and Traiterous devices and workings, is like to bring confusion to this Realm of England and the People thereof, as evidently appeareth to all good and faithful Subjects. Therefore the Prince offendeth grievously before God, and is in danger of the Blood of Gods People, if for the safety of the same she doth not cut her off.
3 Reg. 2. Solomon a Wise and godly Prince spared not his own natural, yea and his Elder Brother Adonijah, for suspition and likelihood of Treason, and for a Marriage purposed only, but put him to Death for the same, and that speedily without course of Judgment, left by delay trouble and danger might have ensued, not only to his own Person being Prince and Chief Minister of God in that Land, but also to that People over which he had charge, and for safety whereof in Conscience he was bound to deal. He would have thought it a great burthen to his Conscience if by the sparing of one mans Life, were he never so nigh of Blood unto him, he would have hazarded the Seat in which God had placed him, and the Blood of many thousands of his People which by a Rebellion might have been spent.
But this Woman and her greatly desired Husband, as she pretendeth, have put far more hainous matters in Execution: wherefore her Case standing as it doth, there is no scruple in Conscience to proceed with Severity, but great danger in Conscience for dealing too mildly and contrary to Order of Justice, making the punishment less than the offence, with the danger of her Majesties own person, the hazard of the Realm, and the Subversion of Gods Truth.
The sixth Reason. It is dangerous for any Christian Prince and contrary to the word of God, with colour of Mercy and Pity, to do that whereby he shall discourage and kill the hearts not only of his own good Subjects and faithful Councellors, but also of all other Nations faithfully prosessing Gods Religion and his true worship, as may well appear in the Example of David.
David having this infirmity of too much Pity and Indulgency towards Offendors, which is not of any Prince to be followed, did forbid that his Traiterous Son Absolom should be slain; and when he was killed, effeminately he bewailed the same to the discouraging of his People: but he was sharply rebuked by Joab his Councellor saying, Thou hast shamed this day the faces of thy Servants which have saved thy life and the life of thy Sons, &c. Thou lovest those that hate thee, and thou shewest this day that thou passest not for thy Captains and thy Servants; And now I perceive if Absolom had lived and all we had been slain, it would have pleased thee well.
What inconvenience was like to follow unto David by this doing, and what other good direction may be taken out of this History well considered, for brevities sake we leave to the Consideration of wise Princes and Governours.
When David was so much moved with these words that he was contented to take another course, which turned both to the Comfort of his Subjects and his own benefit, the application needeth not.
If David were moved thus to do to the Comfort of his own Subjects only and the abashing of his own private Rebels; how much more have we to desire God to move the Queens Majesty, by the Execution of this Lady, to glad the hearts of all true Christians in Europe, and to abash and damp the minds of all the Enemies of God, and Friends of Antichrist?
Obj. It may be objected that thus to proceed is not Honourable for the Queens Majesty.
Respons. The shadow of Honour (as may evidently appear) deceived upon like occasion both King Saul in sparing Agag King of Amaleck, and King Achab in receiving to his Mercy King Benhadad, as it is in the Example in the second Reason mentioned, who did pretend great honour in saving a King, and thought dishonour in the contrary, that one King should kill another; but mans Judgment and Gods in such cases are far diverse: for indeed Execution of Justice upon any person whatsoever, is and ever hath been accounted honourable.
Joshua a worthy Prince and Governour put to Death at one time five Kings, and that as might appear rudely, causing his Souldiers to set their Feet on their Necks and slay them, and willed them to be stout and not to fear to do it. Joshua 10.
We find also in the Scriptures that in this Zeal of Justice two wicked Queens, Jesabel and Athaliah, both inferior in mischief to this late Queen, have been by Gods Magistrates Executed, and the same Execution commended in Scripture.
Obj. It may be further objected that the Queens Majesty in so doing should exceed the limits and bounds of Mercy and Clemency.
Resp. Indeed a Prince should be merciful, but he should be just also. It is said Misericordia & veritas custodiunt Regem; but in the next Chapter it followeth, Qui sequitur justitiam & misericordiam, inveniet vitam. Pro. 20.
The Prince in Government must be like unto him who is not only amiable by Mercy, but terrible also by Justice; and therefore is called Misericors & Justus Dominus. Mercy oftentimes sheweth it self in the Image of Justice; Yea and Justice in Scriptures is by God called Mercy, Psal. 136. Who smote Egypt with their first-born, for his mercy endureth for ever. In that Psalm the smiting of Egypt with terrible Plagues, the destruction of Pharaoh, the killing of great and mighty Kings are called the merciful works of God, as indeed they were, but mercy towards the People of God, and not towards the Enemies of God and of his People.
Therefore as the Queens Majesty indeed is merciful, so we most humbly desire her that she will open her Mercy towards Gods People and her good Subjects, in dispatching those Enemies that seek the confusion of Gods cause amongst us, and of this noble Realm.
It may also be said that to spare one Person being an Enemy, a Stranger, a professed Member of Antichrist, and Convicted of so many hainous Crimes, with the evident peril of so many thousands of Bodies and Souls of good and faithful Subjects, may justly be termed Crudelis misericordia.
Petiliano objiciente Deum non delectari humano Sanguine: Respondet, Legimus multos à famulo Dei Moise Misericorditer interfectos. Nunquid crudelis effectus est, cùm de monte descendens tot Millia juberet occidi? August. contra literas Petiliani. li. 2. c. 86.
Saul & Jehosaphat Reges fuerunt populi Dei, & dum misericordiam iis quos Deus oderat præstiterunt, Dei offensam in opere pietatis incurrerunt. E contrario Phinehas filiiq; Levi gratiam Dei humanâ cæde & suorum parricidio meruerunt. Hierom.
The same Hierom de Origine animæ, faith the like, Sparing of evil persons is misericors inobedientia.
St Augustine also faith, Sicuti est misericordia puniens, est etiam crudelitas parcens.
Object. But happily it may be that some do discredit these reasons by the persons, when they cannot by the matter; and will put in her Majesties mind, that we in perswading her, respect our own danger and fear of peril coming to us, and not right and true judgment: Yea, and that it may appear very unseemly and worthy sharp reproof in a Bishop to excite a Prince to Cruelty and Blood, contrary to her merciful inclination.
Resp. As touching the first branch, Surely we see not any great continuance of danger likely to come unto us, more than to all good Subjects while this State standeth; and the State cannot lightly alter without the certain peril both of our Prince and Country. Now if our danger be joined with the danger of our Gracious Soveraign and natural Country, we see not how we can be accompted godly Bishops or faithful Subjects, if in common peril we should not cry and give warning: Or on the other side how they can be thought to have true hearts towards God and towards their Prince and Country, that will mislike with us for so doing, and seek thereby to discredit us.
As touching the second branch, God forbid that we should be instruments to incense a merciful Prince to Cruelty and Bloodiness; neither can we think well of them or judge that they have true meaning hearts, that in the Minister of God and Officer do term justice and right punishment by the name of Bloodiness and Cruelty. God I trust in time shall open her Majesties Eyes to see and espy their cruel purposes under the Cloak of extolling mercy.
When the Prince or Magistrate is slack in punishing the sinful and wicked, the Bishop and Preacher is bound in Conscience before God to exhort him to more diligent and severe dealing therein, lest the Blood both of Prince and People be required at his hands.
3 Reg. 20. May the Prophet be accounted cruel to incite Achab to Bloodiness, which so sharply rebuked him for his Clemency shewed towards Benhadad? May Samuel, be justly named cruel, because in like case he reproved Saul for sparing the life of King Agag, and killed the said Agag with his own hands in the sight of the Prince?
What shall we say of the Prophet Elias, shall we call him Cruel because in the Zeal of Justice he killed all the false Prophets of Baal ? Did not God approve his fact with the miraculous sending of abundance of rain after three years continual drought? But to those men I think God himself and his Angels will seem Cruel, and his Justice Cruelty; that they under the colour of merey might be spared until time will serve to satisfie their own cruel hearts.
An Argument perswading that the Queens Majesty ought to have in Conscience a great care of the safety of her own person.
Every Prince being the Minister of God and a publick Person ought by Gods word to have an especial care of his own safety more than a private Person; and chiefly when the case so standeth, that the safety of his Realm and Countrey, and the true worshipping of God by Gods disposition may seem to depend on him.
But now so it is in the Queens Majesty, therefore in Conscience ought she to have a singular care of her safety, if not for her self sake, yet at the least for the furtherance of Gods cause and stay of her Country to the maintenance whereof she is bound before God.
Moses wished to be put out of the Book of Life for the safeguard of his People. Exod. 32.
Paul wished to be Anathema for his Brethren. Rom. 10.
Codrus and divers other Heathens gave away their Lives for the safety of their Countries. Contrariwise we wish and are humble Suitors, that it may please her Majesty to preserve her own Life, and to cut away the dangers thereof, if not for her own cause which happily her noble Courage doth smally regard, yet at the leastwise for Gods cause, and for her faithful and loving Subjects, whose Life and good Estate dependeth on her.
Obj. It may be objected, That her Majesty reposeth her trust and confidence in the Providence of God, and therefore maketh light of all attempts that her Enemies can work against her.
Respons. Surely it must needs be confessed, that the same proceedeth both of noble Courage and of a strong Faith and trust in God, and ought indeed to be the Bulwark of help and comfort to all good and godly Princes; yet so far as they seem not withal to tempt God by leaving that diligence and those ordinary means whereby he useth to save and deliver.
David knew himself to be Anointed and appointed Israel by God himself, yet he did not rashly cast himself into the hands of Saul his Enemy.
Jehosophat and Hezechias in their great distresses undoubtedly had their chief trust and confidence in the Providence of God, but they ceased not both to shun and cut off all those things whereby danger might grow, and to use all means whereby their safety might be holpen.
It is alledged by Christ, Thou shalt not tempt thy Lord God; but surely it might have been as safe for Christ without tempting God to have cast himself down from the Pinacle of the Temple, as for the Queens Majesty to suffer in her Bosom this poisonous Serpent, that ceaseth not continually to thrust the sting of her venemous workings into her Majesties safety and possession of her Crown.
It is well said, Principum securitas paucorum vitâ redimenda est.
There are divers Histories yea and Examples of late time whereby it hath been declared, that the tempting confidence of Gods Providence not shunning evident occasions of danger, hath fallen out to the extream hurt of the Parties, and on such as have depended on them; which we think not meet to recite, left they might seem in this Case Ominosa, as God for his great Mercies sake forbid that they should be.
Many Reasons, Authorities and Examples more besides this may be taken out of the Holy Scriptures for Confirmation of this purpose; but for tediousness we thought good to omit them, and to leave the residue to God.
In the 20th Chapter of Levit. there is much like matter, and that in as earnest manner set forth; neither can any in Conscience think that this punishment was here by God appointed so grievous, only for those that then seduced the people of God to Gentilish and heathenish Idolatry; for Idolatry and false worship by whomsoever it be begun, though they bear the name of the Church or of the People of God never so much; It is a direct offence against the first Table; and therefore in Gods Judgment worthy no less punishment. Yea their offence must needs be more hainous in the sight of God, for that they have had greater opportunity to understand Gods true worship.
Shall any Christian man think, that the worship of God appointed in his Law being but the figure, was more acceptable and pleasant to God than this his true worship in the Faith of Jesus, according to the Gospel of our Redemption? or that the violating of the same, or seducing of his people from it, is in his Judgment less displeasant or not so grievously to be punished as was the breaking of his Law or the seducing from it? Shall we think that the gathering of a few sticks on the Sabbath Day is to be punished by Death in a poor simple person, and the seeking to subvert the Gospel of Christ and to draw the people of God to that Idolatrous Doctrine that teacheth to impute the merit of Christs Blood and Passion to wicked mens devices, yea to Stocks, to Stones, to Sticks, to Water, to Bells, &c. shall not be worthy the punishment of Death in a noble Person? God direct our Judgments otherways.
By these words of God before recited Dent. 13; if it be evident that God willed his Magistrates to spare neither Brother, nor Sister, nor Son, nor Daughter, nor Wife, nor Friend, though he were never so nigh, if he sought to seduce the people of God from his true worship, how much less is an Enemy, a Traytor, and an Adulterer to be spared?
These Reasons for the speedy Executing of the Scottish Queen (being part of those contained in the written Copy of the said Reasons I had by me, and of which the latter part containeth the Petition of the House to her Majesty, which see Entred at large in their proper places on Thursday the 28th day of this instant May ensuing, are transcribed out of the said written Copy, and are added to this days passages, because it is very probable the House did ground their before-mentioned resolution upon them; although not only the day on which they were first digested in the House be there omitted, but also the very year is through the Error (as it should seem) of some transcriber falsly set down to have been the Thirteenth of her Majesty, in which Parliament the matter of the Scottish Queen was not at all mentioned, nor at all dealt in by the House of Commons until this present Session of Parliament in an. 14 Reginæ Eliz. as doth appear plainly by the Original Journal-Book of the same House. And now follows the residue of this days Passages, as also the greatest part of the business of this ensuing Parliament out of the said Original Journal-Book of the same.
This day Arthur Hall Esq; being brought by the Serjeant to the Bar and Charged by the House with seven several Articles, humbly submitted himself to the House, and confessed his folly as well touching the said Articles, as also his other fond and unadvised Speech at the Bar, and was upon the question remitted with a good Exhortation given him by Mr Speaker at large. Vide concerning this matter on Saturday the 17th day of this instant May foregoing.
The Bill for the Jurors of Middlesex was committed unto Mr Robert Wroth, Mr Newdigate, Mr Dalton, Mr Cromwell, and Mr Gent.
On Tuesday the 20th day of May, the Bill for the Assurance of Lands late of Sir William and Sir Thomas Woodhouse Knights deceased, was read the first time and referred unto Sir John Thynne, Sir Robert Wingfield, Mr Moore, Mr Grimston, Mr Norton, and Mr Snagg, to confer with the Parties and their Friends touching their Assents to the proceeding of the Bill.
Three Bills also of no great moment had each of them one reading; of which the last being the Bill for the Town of Shrewsbury, was read the third time, and passed the House.
The Proviso to the Bill of Decem tales was twice read, and the Bill and Proviso were Ordered to be ingrossed.
The Bill for Rites and Ceremonies was read the third time and referred to be considered by Mr Treasurer, Sir Thomas Scott, Mr Attorney of the Dutchy and others, who were appointed to meet this Afternoon in the Star-Chamber.
On Wednesday the 21th day of May, the Bill between Chatterton and Chatterton was read, and committed unto Sir Nicholas Arnold, Sir Hen. Gates, Sir George Penruddocke, Sir Hen. Wallop and Mr Cromwell, who were appointed to meet here to Morrow Morning at six of the Clock.
The Bill for the Earl of Kent was read the first time.
Francis Harrington Esq; being one of this House was appointed by the Queens Majesties most Honourable Privy-Council to repair forthwith to the Town of Stamford or thereabouts for her Majesties Service, as by his Commission for taking of Post-Horses bearing date the 20th day of this Month doth and may appear; which Mr Speaker Commanded to be set down and noted accordingly.
The Bill for the Earl of Kent was committed unto Mr Attorney of the Dutchy, Mr. Popham, Mr. Bedell, Mr. Sandes, Mr. Fenner, Mr. Dalton, Mr. Shute and Mr. Matthew Dale; and the opinion of the House was to leave out the general clause contained in the said Bill.
The Bill for Tales de Circumstantibus was read the third time and passed the House, and was sent up unto the Lords with two other Bills of no great moment by Mr. Treasurer and others; with further Order from this House to make Declaration unto the Lords of the Choice made by this House upon Monday last in the great Cause. And also to desire to understand their Lordships liking of the same Choice, and further to pray their good advice and pleasure for further proceeding therein.
Two Bills also of no great moment had each of them one reading; of which the first being the Bill touching Presentations by lapse was read the second time and Ordered to be ingrossed.
Mr. Treasurer and the residue returning from the Lords, Mr. Treasurer made report of their Message done to the Lords; and declared, that the Lords had resolved in the great cause amongst themselves much to the like effect with the former Choice made by this House. And that their Lordships for the better and more speedy proceeding therein do pray present Conference with the former Committees of this House, who are by the House appointed to attend their Lordships presently for that purpose. And further Commission also was granted to the said Committees to impart unto the Lords Committees the Opinion of this House to be, that for her Majesties better safety, present Execution be done upon the Duke. And the rather by reason of the tract of time which of necessity must arise by occasion of proceeding against the Queen of Scots, by way of Charging her in proper Person and hearing of her Personal Answer. And further, that this Opinion of this House shall be delivered to the Lords of the Upper House in the name of all this House, either by the said Lords Committees, or else by some of this House, if the said Lords Committees shall so advise and think good. Vide concerning this matter on Thursday the 26th day of June ensuing.
Three Bills lastly had each of them one reading; of which the last being the Bill against Hunting and Killing of Conies was upon the first reading rejected.
On Thursday the 22th day of May, Three Bills of no great moment had each of them one reading; of which the third being the Bill for the true making of Callivers, Daggs, &c. was upon the first reading committed unto Mr. Treasurer, Sir Maurice Berkeley, Sir Nicholas Arnold, Sir Henry Wallop and others, who were appointed to meet to Morrow in the Star-Chamber, at two of the Clock in the Afternoon.
The Bill for Weekes against Dennis, &c. was committed unto Sir John Thinne, Sir Henry Gates, Sir Hen. Wallopp, Sir Geo. Turpin and Mr. Moore, and others, who were appointed to meet upon Wednesday next at two of the Clock in the Afternoon in the Star-Chamber.
The Bill against Vagabonds and for relief of the Poor was read the second time, and referred to be considered by Sir Henry Gates, Mr. Serjeant Lovelace, Mr. Yelverton and others, who were appointed to meet in this House to Morrow at six of the Clock in the Morning.
Upon Declaration made unto this House by Mr. Speaker from the Queens Majesty, that her Highness Pleasure is, that from henceforth no Bills concerning Religion shall be preferred or received into this House, unless the same should be first considered and liked by the Clergy. And further, that her Majesties Pleasure is to see the two last Bills read in this House touching Rites and Ceremonies: It is Ordered by the House, that the same Bills shall be delivered unto her Majesty by all the Privy-Council that are of this House, Mr. Heneage, and Mr. Doctor Wilson Master of the Requests, or by any four of them.
The Bill to avoid the multitude of Rogues and Vagabonds, was read the first time.
Upon the reading of the Bill Exhibited by Weekes against Dennis, it was Commanded by the House to be set down and Entred, that in all matters preferred and offered to this Court between any private persons, and wherein the Bill shall by Order of this House be thought good to be committed, those Committees shall make their Reports thereof unto this House, in the presence of both the Parties and of their Learned Councel.
Three Bills lastly of no great moment had each of them one reading; of which the third being the Bill for the Jurors of Middlesex, was upon the second reading committed unto Mr. Robert Wroth, Mr. Newdigate, Mr. Dalton, Mr. Cromwell and Mr. Gent.
On Friday the 23th day of May, Two Bills of no great moment had each of them one reading; of which the first being the Bill for the City of Worcester, was read the second time and Ordered to be ingrossed.
Mr. Comptroller in the name of all the Committees in the great cause declared from her Majesty her very good and thankful acceptation of the great care of this House for her Majesties Safety; and that moved partly in Conscience and partly in Honour, minding to defer, not to reject the determination of this House to proceed in the Choice of a Bill against the Scottish Queen in the highest degree of Treason both in Life and Title, liketh better with all convenient speed to proceed in a second Bill to the other part of the said former Choice, which her Majesties pleasure was should be signified unto this House by those of her Privy-Council being of this House, and so likewise to the Lords by some others of her Privy-Council, being also of that House. Vide concerning this business on Thursday the 26th day of June following.
Upon a Motion made by Mr. Speaker it was agreed by the House, that the former Committees shall signifie unto the Lords of the Upper House, that after Declaration made unto this House from her Majesty of her disposition to have the second part of the former choice proceeded in with Expedition, and to defer and not to reject the first part of the same; This House nevertheless with one whole voice and consent, do still rely upon the said first part as most necessary, without any liking or allowance of the second. And further to make request unto the Lords to understand whether upon the like report of her Majesties like pleasure declared unto their Lordships, that they of that House do think good nevertheless to continue the proceeding with the former Choice like as this House doth; and if yea, then to confer further with their Lordships for their good advices and joining therein accordingly. And also to signify unto their Lordships that the whole opinion of this House is, that her Majesties safety cannot stand without Execution of the Duke this present Session. And that it might please their Lordships in Petition thereof unto her Highness to join with this House. Vide concerning this matter on Saturday the 31th day of this instant May ensuing.
Four Bills also of no great moment had each of them one reading; of which the last being the Bill for Weights and Measurer, was upon the second reading committed unto Sir Nicholas Arnold, Sir Owen Hopton, Sir Rowland Hayward, Mr. Recorder of London, Mr. Thomas Browne, Mr. Stanhope and others, who were appointed to meet to Morrow in the Afternoon in the Temple Church.
Mr. Treasurer reported to the House the delivery of the two Bills of Rites and Ceremonies to her Majesty, together with the humble request of this House, most humbly to beseech her Highness not to conceive ill opinion of this House, if it so were that her Majesty should not like well of the said Bills, or of the Parties that preferred them. And declared further, that her Majesty seemed utterly to mislike of the first Bill, and of him that brought the same into the House; and that her Highness express will and pleasure was, that no Preacher or Minister should be impeached or indicted, or otherwise molested or troubled, as the preamble of the said Bill did purport: adding these comfortable words farther, that her Majesty as Defender of the Faith, will aid and maintain all good Protestants to the discouraging of all Papists.
Two Bills also of no great moment had each of them one reading; of which the first being the Bill for the free Grammar-School of Tunbridge, was read the first time and committed unto Mr Recorder of London, Mr Coleby, Mr Norton, Mr Matthew Dale, who were appointed to meet upon Monday next in the Afternoon in Guildhall.
Mr Attorney and Mr Sollicitor brought word from the Lords, that touching the Petitions lastly made unto them this present day by this House, their Lordships will to Morrow at eight of the Clock in the Forenoon have Conference together therein, and so then make Answer of them unto this House.
On Saturday the 24th day of May, Four Bills of no great moment had each of them one reading; of which the last being the Bill against injuries offered by Corporations in the City of London to divers Foreign Artificers, was read the first time, and committed unto Mr Seckford, Sir Owen Hopton, Sir Rowland Hayward, Mr Moor and Mr Cure, who were appointed to meet upon Monday next at three of the Clock in the Afternoon in the Guildhall.
Mr Serjeant Barham and Doctor Huick brought from the Lords three Bills, viz. The Bill of Tales de circumstantibus, heretofore passed this House to have certain words therein inserted. An Act against such as shall conspire or practise the Enlargement of any Prisoner committed for High Treason; And an Act for the punishment of such as shall rebelliously take or detain from the Queens Majesty any Castles, Foretresses, &c.
The Bill for preservation of Timber and Fuel was read the time and passed, and was (with four other Bills of no great moment) sent to the Lords by Mr Treasurer and others, with further Commission to have Conference with their Lordships touching some Amendments to be had in the Bill of Vagabonds, and also touching the opinion of this House for the necessity of the speedy Execution of the Duke; and also to pray their Lordships Answer to the Petition of this House made yesterday unto them as for their liking to proceed with the first part of the former Choice, and for their advices and conjoining with this House in the Order of the same proceeding.
The Bill for Planting and setting of Hops was read the first time.
Mr Treasurer and the residue returning from the Lords, Mr Treasurer made report of the delivery of the said Bills to the Lords, and of the residue of their said Commission from this House to their Lordships, with Answer from them, that they like well and allow of the opinion of this House to proceed in the first degree of Choice in the great Cause, and that their Lordships will therein join with this House, and have appointed to have Conference with the Committees of this House this Afternoon in the Star-Chamber, for the order and manner of the same proceeding; and then also with the same Committees to have Conference touching the Bill of Vagabonds; and that as touching Petition to be made to the Queens Majesty for the present Execution of the Duke, their Lordships not misliking the opinion of the House in that matter, neither discouraging this House in that Enterprize, do refuse to join with this House in that Petition to her Majesty; for the Duke having had his Tryal by them of that House, their consent and liking in the matter is thereby sufficiently manifested already.
Mr Attorney and Mr Sollicitor declared unto this House from the Lords, that their Lordships do desire that those Committees which were appointed to meet with them this Afternoon, may have Authority from this House to make Choice of a number of themselves to Accompany the Lords unto the Queens Majesty, for the reporting and maintaining of such reasons as upon their said Conference shall be first propounded and yielded amongst them touching the great cause.
This Court was Adjourned until Wednesday next; and upon sundry Motions it was resolved, that all such of this House as shall think good to exhibit or prefer any reasons or causes to enforce the matter of the Dukes Execution, may in the mean time of the next Session deliver them in writing to Mr Speaker at their Choices and pleasures, to the end that this Court may further proceed to the manner and order of signifying the same Petition to her Majesty accordingly.
On Wednesday the 28th day of May, It was signified unto this House by Mr Speaker, that the Queens Majesties pleasure was, that all they of this House being of the Committees in the great Cause, and appointed by them out of themselves to come to her Highness Presence, shall all attend at the Court this present day at eight of the Clock in the Forenoon for the same purpose accordingly: which Message was so delivered unto Mr Speaker now in the House, by one of this House sent unto him from Mr Treasurer. But to what end or purpose the said Mr Treasurer with other Members of the House were appointed to attend upon her Majesty, doth not appear or can at all be gathered by the Original JournalBook of the House of Commons; but it was doubtless to agitate and treat of the great business touching the Scottish Queen: and it is very probable that the Members of the said House did at this time offer up their Petition and Reasons to her Majesty for the Speedy Execution of the said Queen; all which I have thought good to insert in this place out of a written Copy thereof I had by me, although they are there falsly referred to the Parliament foregoing which was in An. 13 Regin. Eliz. as were also other reasons there contained, which are referred unto Monday the 19th day of this instant May foregoing.
An humble Petition to her Majesty and the Reasons gathered out of the Civil Law by certain appointed by Authority in Parliament, to prove that it standeth not only with Justice but also with the Queens Majesties Honour and Safety to proceed Criminally against the pretended Scottish Queen.
WE your Majesties most humble and faithful Subjects Assembled in Parliament for preservation of your Royal Person and Estate, do highly acknowledge the great goodness of God that hath Chosen and appointed such a Soveraign to Reign over us as never Subjects by any Record ever had a better; and therefore our hearry Prayers are daily and ever shall be to Almighty God, long to preserve your most Excellent Majesty in all and most perfect Felicity that ever Creature had or might have upon Earth. And whereas the highest and chiefest States are ever more envied of all such as be the worst and greatest disturbers of Gods Monarchy and his Anointed Jurisdiction, we cannot but with a care of mind and force of our Bodies seek to redress whatsoever shall be thought hurtful to your Majesties safe quietness and most blessed Government.
A Queen of late time, and yet through her own Acts now justly no Queen, a nigh Kinswoman of your Majesties and yet a very unnatural Sister, Lady Mary Steward, late Queen of Scots, being driven through violence and force of others to take Harbour in your Majesties Realm for the Safeguard of her Life, hath not only had your Majesties most Gracious Protection, but also was saved within her own Realm by your Majesties Authority from Execution of Death for her most horrible and unnatural doings there, known throughout Europe to her perpetual infamy and shame for ever. And albeit upon her first coming your Highness might both by Law and Justice have dealt with her judicially for her attempts made by writing and otherwise against the Crown and Dignity, and to the Disherison of your most Royal Person for ever; Yet your Majesty in Consideration of her long dangerous troubles in her own Realm, and in hope that such great Adversities would have been good Lessons for her Amendment hereafter, hath not used her in any such manner as she hath deserved: But rather forgetting or forgiving after a sort her former doings, hath dealt with her like a good and natural Sister. All which notwithstanding this unnatural Lady (being born out of kind as it should seem) hath altogether forgotten God and all goodness, abusing her self, as it appeareth, most Treasonably against your Majesties Person and State, and seeking and devising by all means possible not only to deprive your Majesty of all Earthly Dignities and Livings, but also of your natural Life; which thing is found by evident Proofs, and by the Judges of your Realm declared to be most horrible and most wicked Treason that ever was wrought against any Prince. For which her doing her Majesty minding to touch her in Honour, esteemeth her a Person unworthy of any hope or Title, Preheminence or Dignity within this your Land; and therefore not seeking to deal with her according to her desert is only contented to have her disabled as a person not capable of Princely Honour. And thus your Majesty using this course thinketh it the meetest way to establish your self and to quiet your Dominions hereafter, taking away hereby the hope of such as do depend upon the pretended Title, and weakning the whole strength of that Faction.
And for further assurance of your Majesties quietness your Highness doth not mislike to have grievous pains of High Treason laid upon all such as shall attempt and maintain her pretended Title by any manner of way.
Thus as evil men shall be kept back from intermedling in the maintenance of a Title, so may your Majesties true and faithful Subjects be much emboldened to deal against this pretended Queen and her Adherents, when your Subjects shall see a Law set down for your avail, and your Enemies shall want Forces and wax weak thereby, and your true Subjects greatly hardened for all offences.
Moreover if the said pretended Queen shall hereafter make any attempt of Treason, the Law so to run, that she shall suffer pains of Death without further trouble of Parliament.
And if any shall enterprise to deliver her out of Prison after her disablement, either in your Majesties Life, or after the same, to be Convicted immediately of High Treason, and her self assenting thereunto to be likewise adjudged as a Traitor in Law.
In all which proceedings your Majesty thinketh to deal both safely and honourably, as well for your Self as for your State. For thereby it seemeth that neither shall she nor any for her hereafter dare deal to do harm; but also all Foreign Princes and Nations will think much Honour of such your merciful proceedings.
And lastly, whereas she hath fallen into your hands from the violence of others, and so as a Bird followed by a Hawk seeketh succour at your Majesties Feet; your Highness thinketh your Self bound in Honour, for that she is your Sister, and a Queen Born, not to proceed further, only to her disablement, counting it a strong work for your Safety.
These be the Reasons which in part may move your Majesty to take this Course, as we do conceive. All which notwithstanding, if it it might please your most Excellent Majesty to suffer your poor and faithful Subjects to enter deeply upon good search of this Cause, and by way of reply to make Answer with proceeding by just proofs for your Majesties Safety, we doubt not but with your Highness favourable acceptation, all that which hitherto hath been uttered is rather a Declaration of that most Mild and Gracious Nature of Yours, than any assurance for your Person and State at all.
Reasons Answering the former Arguments.
May it therefore please your Majesty,
Whereas it is said, that it standeth to very good purpose to proceed only in disabling the Scottish Queen for any Claim or Title to the Crown; we take it, by your Majesties Favour, that such and especially disabling of the Scottish Queen is in effect a special Confirmation of a Right that she should have had. Quia privatio præsupponit habitum. And further we do take it for a known truth, that by the Laws and Statutes in this Land now in Force, she is already disabled, and therefore it is to small purpose, rem actam agere. And for Answer unto the premisses we say further, that neither shall this weaken others that are evil minded, but rather strengthen them in their mischief, and make them desperate where there is no other remedy. And a Firebrand once kindled and finding apt matter to work upon, will hardly be quenched without a great hazard. Touching the grievous pains laid upon those that shall deal, those will be little feared, by the wicked, whom hope of gain maketh more bold than such pains do appall. Besides, Nature given to this Nation and all others that are under the Moon, maketh men often-times stir without cause, and as Plato faith, Naturales sunt conversiones rerum pub. Yet they that heretofore have born Armour as Traytors, not fearing the Law then in force, which did as much restrain them as this or any Law to be made can be able being desperate will fear no Laws, especially such an instrument living by whom all attempts are to be wrought. Force overthroweth Justice, till the Cause of all mischief, which is the hoped help, be clean taken away.
And where it is said that the making of a Law for her disabling emboldneth much your Subjects to deal against her: We Answer that no new Law needeth to encourage good and Loyal Subjects against such a Person, who hath broken all the Laws of God and nature, and is worthy to be out of your Majesties Protection, because she seeketh still the disturbance of this noble State, and using often her own phrase threatneth that she will stir Coals.
Touching a new Law to be made against her, if she should attempt any evil hereafter; the experience of her former life is such that no Law bath any force with her, that is fully minded to take her advantage upon any apt occasion offered. And to threaten her with Death if she should seem to make an escape hereafter is such advice that she nothing seareth; for besides that she was told at Lough-Leaven, there was no way but Death with her if she would not take her Imprisonment quietly and live without seeking Liberty, she notwithstanding adventured her self with a young Fellow very dishonourably to get away in a Boat. And now since her coming into England land she hath wrought divers wayes to make an Escape, and imployed the heads of the chiefest Estates of your own disloyal Subjects for that purpose. Therefore menacing and but threatning words of Law shall not keep her back from her malicious intent to subvert your Majesty, and to give a push for the Crown, come of her what will. And likely it is that she may escape as well as be taken, for she neither wanteth Wit nor Cunning to make her way. And we have learned in matters of great hazard to be well advised and to take always that Order which may be the best. Now there will want no Traytors to be always ready to bring this her device about, and to do what they can for her Liberty. And such as will not deal in small matters will adventure deep for a Kingdom, because the reward is great when the service is done.
But your Majesty hath regard unto your Honour as much as to your Safety; and thinketh that in taking this Course all Princes will speak well of your Highness.
May it please your Majesty, We your good Subjects do well like of so honourable a meaning; but we would be loth to see that when you have such regard of Honour, you do thereby lose your State, and so your Life, Honour and all. For if it should fall out that the Scottish Queen escaped your hands (which Christ for his Mercies sake forbid) all good Princes would think great want of Judgment and foresight, First in your Majesty, next in your Councel, last of all in all the whole Nation; and such a grief it would be to your Majesty and Subjects, and to all other good Christian Princes throughout Europe, as none could be greater. Again, such a matter of Comfort and Triumph it would be to the Adversaries, that they would account her escape a miraculous work of God, and that your Majesty had no power though will to keep her safe. And when that day should come, Wo be to all true Christians universally; for upon her do depend the chiefest Enemies of Religion, and to this Kingdom.
May it please you therefore most Gracious Queen to be well advised and to take sound Counsel when it is given; knowing this for a certain truth, that evil foreseen and advisedly looked unto, doth ever the less harm.
But still your Majesty considering the great troubles that she hath had, and forgetting or not greatly esteeming what troubles she hath brought unto your Realm, doth by a merciful respect of your most Gracious Nature, rather bend to do good to her than to seek Safeguard for your Self. And seeing here your Sister though unnatural, and also a Queen by Birth, although not worthy of Life, cannot but rather hazard your own self than deal with her according to her deserts.
This your Majesties nature being thus known, it behoveth all your good Subjects, most Gracious Soveraign, to call and cry to God for his Heavenly Assistance, that his Power may be given to you, next after the advancement of his Glory, to seek assuredly your own Safety; which your Majesty cannot fully do by this means that hath hitherto been taken, or hereafter to be used.
Therefore it would please your most Excellent Majesty to give ear to the sound Reasons of your most Faithful Subjects, and rather deal certainly than by Chance; and there is no doubt but your Majesty shall avoid all apparent dangers, and live in all Safety and Honour, to Gods Glory and to the Comfort of all good Christian Princes universally.
Thus much against the opinion of disabling the Scottish Queen; whereby it appeareth that it will be rather for her benefit, than to her hurt. And most certain it is, that it will be dangerous for the State divers ways; whereas dealing with her in the first degree according to her deserts, the same is lawful, safe, necessary and honourable for your Majesty and all Christendome besides.
And because it may appear that this Speech is grounded upon Law and Reason, there shall be Arguments in Law alledged sufficiently for this matter, as the shortness of time may serve.
Civil Reasons for doubt of Answer.
A Confederate being in the Country of his Confederate is to be punished as though he were a Subject.
Every person offending is to be tryed in the place where he committeth the Crime, without Exception of priviledge.
A King passing through another King's Realm, or there Resident, is but a private person.
The Dignity of the Person offending encreaseth the offence.
Reatus omnem honorem excludit.
A King deposed is not to be taken for a King; and therefore Frederick King of Naples being deprived by the King of Spain, was afterwards judged to be no King by Sentence.
A King though not deposed may commit Treason.
Diotorus a King Confederated with the Romans was Criminally judged by Caius Julius Cæsar, for that he Conspired to have slain the said Julius Cæsar at a Banquet.
Joan Queen of Naples was put to Death for that she gave her Consent to the Murther of her Husband, and caused him to be hanged out at a Window.
Henry the Seventh Emperour did give a Solemn Judgment of Death at Pisa 1311. against Robert King of Sicil, for that the same King had entred into Conspiracy with the Subjects of the Emperour: and yet was not King Robert within the Jurisdiction of the Emperour at the time of the Conspiracy, neither at the time of the Judgment.
It standeth with the Law of nature which is immutable, for any Person to proceed or the safety of himself and his Charge.
Great offences in the highest degree ought not to be punished for any affection of Kindred.
Justice, Equity and Common-Wealth, are to be preferred before the affection of Kindred. Quia arctiora sunt vincula virtutis quàm sanguinis.
An offence of the highest degree against the Prince being the Head of the Political Body, is an offence to every Member of the same, and requireth sharp punishment for preservation of the whole.
The intent of offences in the highest degree is punished with death, although the Execution of the intent doth not follow.
The benefit and priviledge of safe Conduct is lost by any Crime committed after the Grant made thereof.
Administration of Justice cannot but be honourable.
All just and honourable dealings are pleasing to God and profitable to the Prince and State.
Execution of Justice is void of all Injury.
It is dangerous for the State to swerve from the Ministration of Justice and the due Execution of Law.
To spare Offenders in the highest degree, is an injury to the Prince and State of the Realm.
Pæna unius salus multorum.
The loss of life is the penalty appointed for Treason; and the loss of Lands and Goods with the possibility of Title, cometh but in consequence and unnecessarily.
Punishment ought to be equal with the fault, and he that ministreth less punishment than the fault deserveth, doth not execute the Law according to the Rules of Justice.
Reasons to prove that it standeth not only with Justice, but with the Queens Majesties Honour and Safety, to proceed Criminally against Mary Steward late Queen of Scots, for her Treasons committed against her Majesty and this Realm.
A Confederate being in the Country of his Consederate, for a Crime committed, is there to be punished. Cod. & de captivis & post termino reversis, verba legis, At si sunt apud nos rei ex Civitatibus fæderatis, in cos damnatos animadvertimus. Therefore although the Scottish Queen were a Consederate, yet she is to be used in like sort as a Subject.
Item, there is no Person of what degree soever he be, but is there to be Tryed where the Crime is committed without exception of priviledge. Cod. ubi de Criminibus agi oporteat, verba legis, Qua in Provincia quis deliquit, aut in qua pecuniarum aut criminum reus sit, ibi judicari debet, & hoc jus perpetnum sit.
But the Scottish Queen here hath offended. Ergo.
Item, every Person is to be Condemned and adjudged equally. In Crimine læsæ Majestatis verba legis. In crimine læsæ Majestatis æqua est omnium conditio. Ad legem Juliam læsæ Majestatis.
But she hath fallen in crimen læsæ Majestatis. Ergo.
Item a King in another Kings Territory may commit Treasons as another private Person, Corectus de potestate regia n° 90. verba, Quæro utrum Rex non habens justum titulum regni incidate in crimen læsæ Majestatis. Respondeo, quod sic, secundum Bartol. in legem duodecim tabularum, & in legem prim. ff. de crimine læsæ Majestatis.
But the Scottish Queen hath offended here in England. Ergo.
A King passing through another King's Realm or there resiant, is but a private person. Bartolus duodecim. libro de Dignitatibus, verba, Sed tamen dubitatur si Rex vel Baro transit per alias partes extra Regnum suum, utrum possit creare Milites: Et videtur quod non, quia ibi privatus est homo. ss. de Præfecto Urbis. ss. de officio præsidis. Præses in homines suæ Provinciæ imperium habet, & hoc dum est in Provincia.
91. Coll. penult. verba, Quilibet Rex extra sunm territorium privatus est. Lapus in allegatione, Censetur ad instar Privati.
But the Scottish Queen being here in England is out of her Territory. Ergo to be punished as a private Person.
Every Person of what condition soever he be, either superior or equal, submitting himself to the Jurisdiction of another, is to be judged by him to whom he submitteth himself. L. est receptivum ss. de judiciis, verba, Est receptivum eoq; jure utimur, ut siquis major vel equalis subjiciat se jurisdictioni alterius, potest ei & adversus eum jus dici.
But the Queen of Scots, although she were a Queen and thereby equal, by committing hainous Treason, hath submitted her self to the Queens Jurisdiction.
Paulus de Castro in dictam legem est receptivum ss. eo, verba ejus enim, Major vel æqualis potest se subjicere Jurisdictioni ordinaliter alterius Judicis minoris vel paris tacite, si Judex unius Territorii delinquat vel contrahat in territorium alterius Judicis vel minoris vel paris, quia ratione delicti vel contractus sortitur ibi forum. Rota de definitionibus de Judiciis, Ille qui delinquit, per delictum amisit mercem imprim. & sic factus est alias privatus; & sic compar potest eum punire. Quilibet in suo Territorio est major Alexandro.
But the Scottish Queen having committed High Treason within this Realm, hath by contraction of Law submitted her self to this Jurisdiction, and therefore to be punished as another private Person.
And although it be said that one that is not subditus, non potest committere crimen læsæ Majestatis; yet that saying is to be taken, whereas the crime is committed out of the Jurisdiction: but if it be committed within the Jurisdiction, then there to be punished. Papa in Clementinam de sententia & re judicata.
And albeit the Pope did reverse the same Sentence; yet he faith, that if the party had been within the Jurisdiction of the superior at the time of the Crime committed, and judgment to the party offended, he had been justly condemned, &c. Verba Papæ, Quod si Rex infra districtum imperiale suisset invenitus delinquens, potuisset contra eum sententia dici.
Lo here the Pope declareth plainly that she here offending may justy here be punished in pæna Capitis.
Item, a King deposed is not afterwards to be taken for a King. Thomas de Turrecremeta definitione 65. Rex Regno privatus non est amplius Rex.
But the Queen of Scots is deprived. Ergo.
The benefit or priviledge of safe-Conduct is lost when any crime is committed after the safeConduct granted. Angelus de maleficiis, in verbo publica sama.
But the Queen of Scots hath committed against the safe-Conduct since her coming into the Realm. Ergo.
The will and mind in Treasons is punished equally as the Act. Cod. ad legem Juliam læsæ Majestatis, verba legis. In crimine læsæ Majestatis voluntatem sceleris æque ac effectum puniri jura voluerunt.
But the Scottish Queen hath not only had the affections, but hath notoriously proceeded to the actions. Ergo.
Neither is it any new or rare thing for Kings and Queens to be adjudged and Condemned for Treason; for Henry the Seventh Emperour did give a solemn judgment of death at Pisa, A. D. 1311. against Robert King of Sicily. Diotorus was likewise Condemned by Julius Cæsar; and Joan Queen of Naples for murthering her Husband, and Hanging him out of a Window.
Punishment ought to be equal to the offences committed. ss. de pænis; but Death is the penalty appointed for Treason. Ergo.
The foregoing Petition and Reasons for the speedy Execution of the Scottish Queen being thus transcribed out of the before-mentioned written Copy of them I had by me,
Now follows the residue of this days passages and of this ensuing Journal out of the Original Journal-Book of the House of Commons it self in manner and form following.
Two Bills of no great moment had each of them one reading; of which the second being the Bill for Cogshall and Bocking, was read the first time.
The Proviso to the Bill for Worcester was twice read and Ordered to be ingrossed.
The Bill for the Free Grammar-School in Tunbridge was committed unto Sir Tho. Scot and others to meet to Morrow in the Afternoon at three of the Clock.
The Bill for the Explanation of the Statute of 32 H. 8. for Recoveries, was read the third time, and committed to the former Committees; unto whom also were added Mr Serjeant Lovelace, Mr Attorney of the Dutchy, Mr Popham and Mr Townesend, who were to meet this Afternoon in the Temple Church.
Mr Treasurer declared, that he and certain others of the Committees chosen by themselves out of themselves do presently come from her Majesty; and that her Majesty doth very thankfully accept the good will and zeal of this House in their carefulness for her Majesties safety and preservation; and that as her Majesty thinketh the course chosen by this House, and wherein the Lords have joined with this House, to be the best and surest way for her Majesties preservation and safety indeed; yet her Highness for certain respects by her self conceived thinketh good for this time to defer, but not to reject that course of proceeding as yet; and in the mean time with all convenient speed to go forward in the great matter against the Scottish Queen with a second Bill, being the other part of the said Choice heretofore offered to this House. And that her Majesty minding in that Bill by any implication or drawing of words not to have the Scottish Queen either enabled or disabled to or from any manner of Title to the Crown of this Realm, or any other Title to the same whatsoever touched at all, willeth that the Bill be first drawn by her Learned Councel, and by them penned before the same be treated of or dealt in, in this House. And that in the mean time of bringing in of the said Bill, this House enter not into any Speeches or Arguments of that matter. And that her Majesty hath likewise signified the same her like pleasure unto the Lords of the Upper House by some of the said Committees of the same House. Vide concerning this matter on Thursday the 26th day of June following.
Mr Attorney and Mr Sollicitor declared from the Lords that their Lordships have appointed six of themselves which were with the Queens Majesty this Forenoon at the Exchequer, and that they have appointed the Judges there to attend them; and pray that a convenient number of such of this House as were also with her Highness, might with some others of this House meet there with their Lordships for further Conference, and thereupon were for that purpose appointed by this House,
Mr Chancellor of the Dutchy.
Mr Chancellor of the Exchequer.
Sir Maurice Berkeley.
Sir Tho. Scott.
Sir Hugh Pawlett.
Sir John Thynne.
Sir Hen. Gate.
Mr Dr Wilson Master of the Requests.
Mr Serjeant Lovelace.
Mr Attorney of the Court of Wards.
Mr Recorder of London.
Mr Attorney of the Dutchy.
Mr Atkins and
Nota, That it is not certainly set down why these forenamed Committees were nominated; but as is most probable, they were appointed either for the great business touching the Scottish Queen, or the Execution of the Duke, or both.
The Resolution of this House upon the Question was, that Petition should be made by this House unto her Majesty for the present Execution of the Duke, and that the same Petition shall be digested and put in writing against to Morrow Morning, and be then delivered to Mr Speaker, to the end he may move her Majesty in the behalf of this whole House in such sort as this House shall further appoint him. Vide concerning this matter on Saturday the 31th day of this instant May ensuing.
On Thursday the 29th day of May, Two Bills of no great moment had each of them one reading; of which the second being the Bill for Partition of the Lands to be made between the Lord Latimer and Sir Robert Wingfeild Knight, was read the second time and Ordered to be ingrossed.
Mr Chancellor of the Exchequer, Mr Attorney of the Dutchy, Mr Attorney of the Court of Wards, and Mr Boyer, were added to the former Committees for the School of Tunbridge (who were appointed on Friday the 23d day of this instant May foregoing.)
Three Bills also had each of them one reading; of which the second being the Bill against the multitude of Rogues and Vagabonds, was upon the second reading rejected.
Mr Doctor Lewes and Mr Doctor Huick did bring from the Lords a Bill touching the annexing of Hexham and Hexamshire to the County of Northumberland.
The Bill lastly for Vagabonds was committed unto Mr Treasurer, Mr Comptroller, Mr Attorney of the Court of Wards Mr Sands, Mr Mounson, Mr Marsh, Mr Sampole, Mr Cromwell, and Mr Boyer, who were appointed to meet to Morrow between five and six of the Clock in the Morning; and such of them as can, to meet in the mean time in the Temple Church at three of the Clock.
On Friday the 30th day of May, the Bill for Sir William Harper was upon the first reading committed unto Sir Hugh Pawlett, Sir John Thynne, Sir Maurice Berkley, Mr Dr Wilson Master of the Requests, Mr Atkins, Mr Nicholas Hare, and Mr Matthew Dale, who were appointed to meet upon Monday next in Southwark in the Court-House there at two of the Clock in the Afternoon, and the Parties to be warned by the Serjeant.
Five Bills of no great moment had each of them one reading; of which the last being the Bill touching Grants by Corporations, were read the second time, and committed unto Mr Seckford Master of the Requests, Mr Serjeant Manwood, Mr Popham, Mr Bedell, Mr Thimbleby, Mr Snagg, Mr Fenner, and Mr Grimsditch, who were appointed to meet at three of the Clock this Afternoon in the Temple Church.
The Committees for the Free Grammar-School of Tunbridge were appointed to meet at three of the Clock this Afternoon in the GuildHall.
Upon the Question it was resolved by this House touching the Bill of Vagabonds, That the words Minstrells, Bearwards, Pedlers, &c. shall not be put out of the Bill, but stand still in the same, qualified by Licences of the Justices of the Peace in such sort, as upon the Committee hath been considered and agreed upon, with this condition also, That if the Lords shall not agree to that qualification, then this House will not be so bound by the said resolution, but that they may alter and change the same at their Liberty and pleasure, if they shall so think good.
Martin Cole one of the Burgesses for the Borough of Sudbury in the County of Suffolk, was for his great business and affairs licensed to be absent for eight dayes.
On Saturday the 31th day of May, Three Bills of no great moment had each of them one reading; of which the third being the Bill against Recoveries suffered by Tenants for term of life, was read the second time, and committed unto Mr Attorney of the Court of Wards, Mr Recorder of London, Mr Mounson, Mr Popham and others, who were appointed to consider of the said Bill sitting the Court.
The Bill for the Earl of Kent was read the first time, and committed to the former Committees, and to meet at the Temple Church to Morrow at two of the Clock in the Afternoon.
Upon the Question moved whether upon a former motion now made by Mr Treasurer for respiting of the Petition to her Majesty touching the Execution of the Duke, for that it may be her Majesty will cause the same to be done rather of her own disposition than being thereunto pressed by Petition of this House; It is resolved, That neither this present day nor in the mean time of the next Session of this House any Consultation be had touching any proceeding in the said Petition. Vide concerning this business on Friday the 16th day, Friday the 23th, and on Wednesday the 28th day of this instant May foregoing.
Four Bills lastly of no great moment had each of them one reading; of which the first being the Bill against such as shall practise to enlarge any person committed to Prison for High-Treason, was read the first time.