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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Nota, That the Subsidy it self granted by the Clergy is always ingrossed in Latin, and sent up in Parchment from the Convocation House; but the Confirmation thereof by the Parliament is added unto it in English, and passed in the House as other Bills are; and this only it was that was Ordered to be ingrossed upon the second reading.
On Friday the second day of March, Four Bills of no great moment had each of them one reading; of which the second being the Bill for the Confirmation of a Subsidy granted by the Clergy, was read tertiâ vice & conclusa, and sent to the House of Commons by Doctor Lewes and Doctor Barkley.
Five Bills were brought up to the House of Lords from the House of Commons; of which one was for avoiding of fraudulent Gifts and Conveyances made by the late Rebels in the North, and another for Confirmation of Letters Patents.
Two Bills also of no great moment had each of them one reading; of which the first being a Bill concerning an Hospital at Leicester was read tertiâ vice & conclusa, and sent to the House of Commons by Doctor Vaughan and Doctor Barkley.
On Saturday the third day of March, the Bill that notice may be given to Patrons of Benefices upon the Vacation of the same in certain Cases, was read tertiâ vice & conclusa, with certain amendments added thereunto by the Lords.
Five Bills also of no great moment had each of them one reading; of which the last being the Bill for the County Palatine of Durham and the Isle of Ely, was upon the second reading committed to the Archbishop of Canterbury, the Lord Burleigh, Lord Treasurer, the Earl of Northumberland, the Bishop of London and others.
Nota, That there appeareth no Commission or other Authority in the Original Journal-Book of the Upper House, by which the Lord Treasurer supplied the Lord Keepers place; but most probable it is, that either the Commission it self is negligently omitted by Anthony Mason Esquire, at this time Clerk of the same House, or that the Lord Treasurer did continue it only upon her Majesties verbal Authority and Command, as it is very likely the Lord Chief Justice did supply the Lord Keeper's place on Thursday the 5th day of June in the first Session of this very Parliament in Anno 14 Reginæ Eliz. And it is certain that Sir Nicholas Bacon Lord Keeper of the Great Seal growing at this time (after which he did not long live) both Aged and Sickly, gave occasion to her Majesty, by reason of his weakness, to Authorize others more frequently to supply his place, than it is otherwise likely she would have done. Vide Consimil. Mar. 4. in An. 1 Eliz.
On Monday the 5th day of March, to which day the Parliament had been on Saturday last continued, seven Bills of no great moment had each of them one reading; of which the last being the Bill touching the Lord Viscount Bindon and Henry Howard his Son, was read secundâ vice & commissa ad ingrossandum.
Seven Bills were brought up to the Lords from the House of Commons; of which one was for the assurance of certain Lands to Sir John Rivers Knight, and another for the perpetual maintenance of Rochester-Bridge.
On Tuesday the 6th day of March, Four Bills of no great moment had each of them one reading; of which the first being the Bill for setting the poor on work, and for avoiding of Idleness, was read the second time; but no mention made that it was either Ordered to be ingrossed or referred to Committees, because it had been formerly sent from the House of Commons.
Two Bills finally had each of them one reading; of which the second being the Bill whereby certain Authority was given to the Justices of the Queens Majesties Parks, Forests and Chases, was read secundâ vice & commissa ad ingrossandum.
On Wednesday the 7th day of March, Three Bills of no great moment had each of them one reading; of which the third being the Bill for the restitution in Blood of John Lord Stourton, his Brother and Sisters, was read tertiâ vice & conclusa, and sent to the House of Commons by Dr Yale, and Dr Barkley.
Four other Bills also had each of them one reading; of which the third being the Bill whereby certain Authority was given to the Justices of the Queens Parks, Forests and Chases, was read tertiâ vice & conclusa, and sent to the House of Commons by Doctor Yale and Mr Powle Clerk of the Crown.
Five Bills were sent up to the Lords from the House of Commons; of the which one was for the Confirmation of Letters Patents with certain Amendments; and another for avoiding of fraudulent Gifts by the late Rebels in the North.
The Bill lastly for the Trial of Nisi prius in the County of Middlesex was read secunda vice; but no mention is made that it was either Ordered to be ingrossed, or referred to Committees, because it had been formerly sent from the House of Commons.
On Thursday the 8th day of March, Four Bills were brought up to the Lords from the House of Commons; of which the first being the Bill for maintenance of the Colleges in the Universities of Winchester and Eaton, and the second against buying and selling of Rooms and Places in Colleges and Schools, were each of them read primâ vice.
Three Bills also of no great moment had each of them one reading; of which the first being the Bill for setting the poor on work and for the avoiding of Idleness, was read tertia vice & conclusa; with a Proviso added by the Lords, and certain Amendments, and sent to the House of Commons by Dr Vaughan and Dr Yale.
About which hour the Lords Spiritual and Temporal Assembling, Ten Bills of no great moment had each of them one reading; of which the third being the Bill for the Toleration of certain Cloths in Com. Wilts. Somers. and Dors.; the fifth for Reformation of Disorders in common Informers; the sixth for the payment of Tythes in the Town of Reading in like sort as it is in the City of London; the seventh touching Benefices Impropriate; the eighth for reformation of Abuses in Goldsmiths; and the last being the Bill for the reformation of Jeofailes, were each of them read the second time: but no mention is made that they were either referred to Committees or Ordered to be ingrossed, because they had been formerly sent from the House of Commons.
Four Bills were sent up to the Lords from the House of Commons; of which one was for the making of certain Denizens, and another for avoiding fraudulent Gifts and Conveyances made by the late Rebels in the North.
On Friday the 9th of March, Six Bills of no great moment had each of them one reading; of which the fifth being the Bill for the repairing and amending of Highways and Bridges near unto Oxford, and the sixth and last being the Bill that the Plaintiff shall be sworn upon his Bill as the Defendant is sworn upon his Answer, was read secundâ vice; but no mention is made that they were either Ordered to be ingrossed or referred to Committees, because they had been sent from the House of Commons.
Four Bills of no great moment lastly, had each of them one reading; of which the first being the Bill for the payment of Tythes in the Town of Reading, as in the City of London; and the last for repairing of the Gaol of St Edmonds-Bury, and of Brandon-Bride in Com. Suff. were each of them read tertiâ vice & conclusa.
On Saturday the 10th day of March, Six Bills were brought up to the Lords from the House of Commons; of which the first was the Bill for setting the Poor on work, and for avoiding of Idleness, and another was for a Confirmation of a Subsidy granted by the Clergy.
Nine Bills also of no great moment had each of them one reading; of which the first being the Bill touching the Hospital of St Crosse near Winchester, was read tertiâ vice & conclusa, and sent to the House of Commons by Doctor Barkley and Mr Powle Clerk of the Crown; and another being a Bill for the Restitution in Blood of Sir Henry Norris Knight, Lord Norris of Ricot, was read secunda vice; but no mention is made that it was either Ordered to be ingrossed or referred to Committees, because it had been formerly sent from the House of Commons.
About which hour the Lords Spiritual and Temporal Assembling, Six Bills of no great moment had each of them one reading; of which the first being the Bill for Explanation of the Statute against the defeating of Dilapidations, and against Leases to be made of Spiritual Promotions; and the second for remedy against the Plaintiff for false Complaint, were each of them read Secundâ vice, but no mention is made whether they were Ordered to be ingrossed or referred to Committees, because they had been sent from the House of Commons.
Three Bills were brought up to the Lords from the House of Commons, of which the second being the Bill for Confirmation of an Arbitrement to be made by certain Persons, between Richard Hudleston Esquire, and Dame Elizabeth Weynman his Wife on the one part, and Francis Weynman Gent. on the other part, was read primâ vice.
Three Bills also of no great moment had each of them one reading; of which the first being the Bill for reformation of abuses in Goldsmiths, was read secundâ vice & commissa ad ingrossand.; and the second being the Bill for preservation of Feasants and Partridges, was read tertia vice & conclusa, and sent to the House of Commons by Doctor Lewes and Mr Vaughan.
On Monday the 12th day of March, Four Bills of no great moment had each of them one reading; of which the first being the Bill for Confirmation of an Arbitrement to be made by certain Persons, between Richard Hudleston Esquire and Dame Elizabeth Weynman on the one part, and Francis Weynman Gent. on the other part, was read secundâ vice; but no mention is made that it was Ordered to be ingrossed or referred to Committees, because it had been sent from the House of Commons on Saturday the 10th of this instant March foregoing.
Six Bills were brought up to the Lords from the House of Commons; of which one was for the maintenance of Colleges in the Universities of Winchester and Eaton, and another for the repairing and amending of Bridges and Highways near unto the City of Oxford.
Nota, That here the Lord Keeper continueth again the Parliament, which had been performed by the Lord Treasurer from Saturday the third day of this instant. March foregoing, until this present Monday the 12th day of the same; but whether the one or the other were by her Majesties Commission under the Great Seal, or by any other Authority, appeareth not in the Original Journal-Book of the Upper House; but seemeth to have been omitted through the negligence of Anthony Mason Esquire, at this time Clerk of the same.
About which foresaid hour in the Afternoon the Lords Spiritual and Temporal Assembling, Six Bills of no great moment had each of them one reading; of which the second being the Bill to take away Clergy from Offenders in Rape or Burglary, and an Order for the delivery of Clerks Convict without Purgation, with certain amendments and a Proviso, was read tertiâ vice & conclusa: As also the Bill for restitution in Blood of Anthony Mayney Esquire.
Dominus Thesaurarius continuavit præsens Parliamentum usq; in diem Crastinum horâ octavâ. Vide touching the continuance of the Parliament by the Lord Treasurer on Saturday the third day of this instant March foregoing.
On Tuesday the 13th day of March, Eight Bills of no great moment had each of them one reading; of which the second being the Bill for annexing of Gate-side to the Town of New-Castle, and the seventh being for the Confirmation of an Arbitrement to be made by certain Persons between Richard Hudleston Esquire and Dame Elizabeth his Wife on the one part, and Francis Weynman Gentleman on the other part, with a Proviso and certain Amendments, were each of them read tertiâ vice & conclusæ, and sent to the House of Commons by her Majesties Attorney General, Mr Barkley and Mr Powle.
Dominus Custos magni Sigilli Continuavit præsens Parliamentum usq; in horam secundam post meridiem. Vide concerning this continuance of the Parliament by the Lord Keeper on Monday the 12th day of this instant March foregoing.
About which hour in the Afternoon the Lords Spiritual and Temporal Assembling, two Bills were brought up to the Lords from the House of Commons; of which the first was the Bill for the restitution in Blood of John Lord Stourton, with a new Proviso added by the said House.
After which three other Bills also were brought up to the Lords from the House of Commons; of which the first was concerning Offices found in Counties Palatines, and the last for reformation of Jeofailes.
About which hour the Lords Spiritual and Temporal Assembling, two Bills were sent up to the Lords from the House of Commons; of which the second being the Bill for the Queens Majesties most gracious general and free Pardon, was returned conclus.
This day also in the Afternoon the Queens Majesty with divers Lords Spiritual and Temporal were present in the Upper House; of which the Knights, Citizens, Burgesses and Barons of the House of Commons having notice, repaired thither with Robert Bell their Speaker, who carried up with him the Bill of one Subsidy, and two Fifteenths and Tenths, and was placed at the Rail or Bar at the lower end of the said Upper House.
But both this manner of his coming up, or what was else spoken or done this Afternoon in the said House, is wholly omitted in the Journal-Book of the same (through the great negligence of Anthony Mason Esquire, at this time Clerk thereof) and therefore the repairing up of the said Speaker, with the residue of the Members of the House of Commons, is Collected out of the Original Journal-Book of the same House, and the Substance of the said Speakers Speech, with the Lord Keepers Answer at large, are both supplied out of a Copy of the said Lord Keepers Speech which I had by me.
First, He spoke touching sundry kinds of Government which had been in this Kingdom, and so drew his Discourse to the present time. Then he made a large enumeration of her Majesties many Vertues, and of the many benefits which, the Kingdom received by her Gracious Government. After which he proceeded humbly to Petition her Majesty to make the Kingdom further happy in her Marriage, that so they might hope for a continuing Succession of those benefits in her Posterity. To which having added a compendious relation of such Acts as had passed the House of Commons, he concluded with the Presentation of the Bill of Subsidy in their names unto her Majesty. After which the Lord Keeper by her Majesties Commandment Answered as followeth, viz.
Mr Speaker, The Queens Majesty our most Dread and Gracious Soveraign Lady, hath heard and doth very well understand your Oration, full of good will and matter. The sum thereof may be reduced into five parts, whereof the first containeth a Discourse of sundry kinds of Government from the beginning until this time. The second the Commendations of her Majesties Vertues, and of her great and gracious Government from the beginning with a remembrance of her Highness bountiful benefits. The third concerneth the humble and earnest Petition moving her Majesty to Marry. The fourth is a Declaration of Laws past in the Lower House, with an humble Suit for her Highness Royal Assent to be given unto the same. The fifth and last concerning a Presentation of a Subsidy granted in this Session.
As concerning the first, which containeth the Discourse of sundry kinds of Government, I see not that this time and place doth require any Answer to be given unto it other than this, that you, Mr Speaker, are much to be Commended for your diligent Collecting, and also for the apt comparing of the last part of the same.
And as to the second which concerneth the Commendations of her Majesties great Vertue and good Government, with the remembrance of the manifold benefits that you have received at her Majesties Hand, her Highness hath Commanded me to say unto you, that she wisheth of God with all her Heart, that all those Royal Vertues and principal parts, together with the great gifts of gracious Government that you make mention of, were so perfectly planted in her as best might serve to the maintenance of Gods Glory, from whom her Majesty confesseth all goodness to proceed, and best also might serve for the good Governance of you her good, loving and obedient Subjects; and withal prayeth you with her and for her to give God hearty thanks for those Vertues and Graces that it hath pleased him to bless her withal, and also to pray for the continuance of them with such increase, as shall best like his Divine Majesty. And besides this I may and dare certainly affirm unto you by her Majesties own Mouth, that if the Vertues of all the Princes in Europe were united within her Highness Breast, she should gladly imploy the same to the best of her Power about the good Governance of you, that be so good and loving unto her; so great is her Highness good will and inward affection toward you. Again true it is, that these your loving and reverend conceivings of the Vertuous and Gracious Government of your Soveraign, is taking by her Majesty in very thankful part, as a special and peculiar property pertaining to faithful and loving Subjects; neither will her Highness admit of any occasion that may move you to conceive otherwise than you have: neither do I think that any man can devise any more ready or any more strong perswasion to move a Princely nature to be such towards her Subjects as they can with, than by such good, reverend and loving conception and conceiving remembred by you. To conclude, as touching this point, I am to affirm unto you from her Majesty, that she taketh your Proceedings in the Parliament both in the midst and also in the ending so graciously and in so thankful part, that if both parts and nature did concur in me abundantly to make me Eloquent (as neither of them do) yet I am sure I were not able to set forth this point according to her Highness desire, or to the worthiness of it. And for the more manifest Declaration of this and of the great good liking her Majesty hath conceived of you that be of this Parliament, her Highness meaneth not to determine the same, but to Prorogue it until the next Winter. And as both Cognizance and Recognizance of benefits her Majesties Pleasure is, that I should declare unto you, that there is none of these benefits received by you, but she wisheth them trebble in number, and quadruple in greatness and goodness. And further, her Highness thinketh that the faithful recognizing of benefits received is one of the greatest satisfactions that a Subject can make to his Soveraign for them. And as to the third, which concerneth your humble earnest Petition, it proceedeth from your inward affections and benevolent minds founded and grounded upon the great good opinion that you have conceived of your Majesties most gracious Government over you, according to the Declaration made by you, a matter greatly moving her Majesty the rather to allow of your Petition.
The second note importeth yet more than this; for therein she conceiveth that this great good opinion of this blessed Government is not conceived by you, as it appeareth by your own Declarations, upon any sudden ground or cause, but hath grown upon the consideration of her Highness Governance during the Reign of seventeen Years now past: whereby it is evident that this is a setled and constant opinion of yours, and therefore much the more moving her Majesty to give a Gracious Ear unto this your Petition.
And yet the third note exceedeth the other two former; for in this note she conceiveth the abundance of your inward affection grounded upon her good Governance of you to be so great, that it doth not only content you to have her Majesty Reign and govern over you, but also you do desire that some proceeding from her Majesties Body might by a perpetual Succession Reign over your Posterity also; a matter greatly to move her Majesty (she faith) to incline to this your Suit. Besides her Highness is not unmindful of all the benefits that will grow to the Realm by such Marriage; neither doth she forget any perils that are like to grow for want thereof. All which matters considered, her Majesty willed me to say, that albeit of her own natural disposition she is not disposed or inclined to Marriage, neither could she ever Marry were she a private Person; yet for your sakes and the benefit of the Realm, she is contented to dispose and incline her self to the Satisfaction of your humble Petition, so that all things convenient may concur that be meet for such a Marriage; whereof there be very many, some touching the state of her most Royal Person, some touching the Person of him whom God shall join, some touching the state of the whole Realm: these things concurring and considered, her Majesty hath Assented (as is before remembred.) And thus much touching this matter.
As to the fourth part which concerneth a Declaration of the Laws passed in the Session whereunto you do pray that her Majesty would give her Royal Assent, her Majesty hath Commended your travel and pains taken in devising of these Laws, your Considerations and Carefulness in debating and consulting, and your Judgments and Determinations in concluding and passing of the same, and meaneth to give her Royal Assent to so many of them as her Majesty shall think meet and convenient to pass at this time. But here I am to remember you, that this is not all that her Highness requireth in this point; for she is desirous that the great travels, pains and great charges imployed about the making of these Laws should not be lost, neither her Majesties Royal Assent granted in vain, which must needs come to pass except you look better to the Execution of Laws than heretofore you have done; for as I have before this time seen, Laws without Execution, be nothing else but Pen, Ink and Parchment, a Countenance of things, and nothing in Deed, a cause without an effect, and serve as much to the good Governance of the Common-Weal, as the Rudder of a Ship doth serve to the good Governance of it without a Governour; and so serve to as good purpose to direct mens actions, as Torches do to direct mens goings in the dark, when their Lights be put out. Were it not great folly, trow ye, yea, and meer madness for a man to provide apt and handsome tools and instruments to reform and prune his Trees withal, and then to lay them up in fair Boxes and Bags without use of them? and is it not as strange trow ye to make Laws to reform mens manners, and to prune away the ill branches and members of the Common-Weal, and then to lay up those Laws in fair Books and Boxes without Execution of them? Surely there is a small difference betwixt these Causes; nay it were much better to have no new Laws made at all, than to have Laws not Executed: for the former doth but leave us in the state we were in before the making of the new Laws; but not to execute them is to breed a contempt of Laws and Law-makers and of all Magistrates, which is the Mother and Nurse of Disobedience; and what she breedeth and bringeth forth, I leave to you to judge.
Now this offence of not executing of Laws growing so great, it resteth to see in whole default this is, and who ought to have the burthen of it. First, certain it is, that her Majesty leaveth nothing undone meet for her to do for the Execution of Laws; for first she maketh choice of Persons of most Credit and best understanding throughout the whole Realm, to whom for the great Trust and Fidelity that she reposeth in them, she giveth Authority by Commission to execute a great part of those Laws, who also by Oath be bound to perform the same. Besides, the most special and needful Laws her Highness causeth to be Proclaimed and published unto her People; as over this also (left men should be forgetful of their Duties) she causeth a number of her Justices to be called into publick place, and there to be exhorted and admonished in her Majesties name to see the Execution of her Laws; and what can here be more devised for her Majesty to do? Surely in my opinion nothing.
Then falleth it out necessarily and consequently, that the burthen of all these Enormities, Absurdities and mischiefs that do grow in the Common-Wealth for not Executing of Laws, must light upon those persons that have Authority from her Majesty to Execute them and do it not: which is a burthen over-heavy for any to bear, being justly charged. For the avoiding of this therefore methinks men being thus remembred ought to seek with all diligence and endeavour to satisfie for their negligence, and uncarefulness past; which if they shall forget to do, her Majesty shall be then driven, clean contrary to her most Gracious Nature and Inclination, to appoint and assign private men, for profit and gain sake, to see her penal Laws to be Executed. The course which hitherto her Majesty hath taken hath been, to have her Laws Executed by men of Credit and Estimation for the love of Justice, uprightly and indifferently; but if they shall refuse so to do, forgetting their duty to God, Soveraign and Countrey, then of necessity rather than the Laws should be unexecuted, her Majesty shall be driven I say to commit the Execution of them to those who in respect of profit and gain, will see them Executed with all extremity. And what a burthen that will bring to the CommonWeal I leave it to your consideration. But it is to be hoped, that if the respects before remembred will not move you to see better to your Charge, yet the fear of this great inconveniency should constrain men that be in Commission to look to the better Execution of Laws. And thus much touching the fourth part.
Now as to the fifth and last which concerneth the grant of a Subsidy, her Majesty hath Commanded me to say unto you, that that grant is a manifest Declaration by Deeds of that which before was declared by words: for how could such a Grant be made, and in such manner granted, and by such persons, but that of necessity it must proceed from the benevolent minds and hearty affections of such loving Subjects as are before remembred? True it is, that her Majesty in these your doings hath noted three things especially and principally, every of them tending much to the setting forth of your benevolence. The first, who it is that granted; the second, the manner of granting; the third, what it was that is granted. As to the first, her Majesty cannot forget, how this Grant proceeded from the earnest affections and hearty good wills of her loving and obedient Subjects. Wherefore her Majesty maketh greater account thereof than Ten Subsidies, and so she Commanded me to say unto you. Again, her Majesty remembreth very well, that this Grant was made not by Subjects that never did the like before, but by Subjects that have been and continued to be ready from time to time to contribute towards the necessary charges and defence of the Realm; which doth greatly commend and set forth she faith this great benevolence of yours. And as to the second, which is the manner of granting, her Highness noteth two things especially; the one is universality of consent; and can there be a more universal consent than when all agreeing and none denying as this was? Nay her Highness knoweth that before her time these manner of Grants passed not but with a great perswasion and many difficulties; whereas this was frankly offered without any perswasion or difficulty at all. The other is the readiness of granting. It is written of Benevolence, Bis dat qui citò dat, which her Majesty faith may be justly applied to these your Proceedings. And to the third, which is the thing granted, she taketh it to be as liberal as any heretofore hath been granted; and therefore hath Commanded me to yield unto you her most hearty condign thanks, and withal to let you understand, that her Majesty is as willing and desirous to give you this whole Subsidy again as you have been willing to grant it, if the necessity of the Realm and your Surety would suffer it. And thus much touching the granting of the Subsidy.
Now as to the due and true Execution of the same I am to exhort and also to admonish you, and yet it may be probably said, that Persons that have thus bountifully and readily made this Grant, wherein and whereby the benevolent minds and hearty affections that have been so manifestly declared in granting, that to these persons neither admonishments nor exhortations are due for the true executing of that Grant, no more than a Spur is to a Horse, that runneth as swiftly as he can. Albeit this Argument in reason carrieth probability and likelyhood with it; yet former experience hath taught that these Grants have not been so duly and truly executed as they have been benevolently granted.
After the Lord Keepers Speech was ended, the Queens 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, is at all mentioned in the Original Journal-Book of the Upper House.
Her Majesties Royal Assent being given to the said Bills. Now follows the Adjournment of this present Session, together with the several Prorogations thereupon, out of the Original Journal Book of the same.
On Thursday the 15th day of March in the Afternoon, the Queens Majesty came her self into the Upper House, where were also present the Lord Archbishop of Canterbury, Sir Nicholas Bacon Lord Keeper of the Great Seal, the Lord Burleigh, Lord Treasurer and divers other Lords both Spiritual and Temporal; but the only occasion of her Majesties coming seemeth to have been for the Prorogation of the Parliament, which otherwise must have been done by vertue of her Majesties Commission, or Letters Patents under the Great Seal. And it is the more remarkable because I conceive it is the only President during all the said Queens Reign, in which she came to the Upper House in Person to Prorogue a Session; the Entrance whereof in the Original Journal-Book of the same House is as followeth.
After which followed divers other Prorogations, until the Assembling of the last Session of this present Parliament in Anno 23 Reginæ Eliz. All which are inserted in the Original JournalBook it self de Anno 18 &Reginæ ejusdem in the end thereof.