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 Parliament continued until Monday, the first of May at nine of the Clock in the Forenoon. Then the Bill for the preservation of Spawn and Fry of Fish, The Bill limiting the times of laying on Land Merchandizes from beyond the Seas, and touching Custom for Sweet Wines, And the Bill for the continuation of certain Statutes, were each of them read the second time.
Then the Parliament continued till two of the Clock in the Afternoon of the same day, about which hour, the Lord Keeper, with divers other Lords Assembling, one Bill of no great moment was read prima vice, which was, for the Garbling of Feathers and Flocks to be sold in Beds and Cushions.
Two Bills also had each of them their third reading, and passed the House, of which one being the Bill for laying on Land Merchandize from beyond the Seas, and touching Custom for Sweet Wines, was sent down to the House of Commons, by Weston, Serjeant at Law, and the Clerk of the Crown.
Six Bills were brought up to the Lords from the House of Commons, of which the third being the Bill that the Queens Majesty by Commission may examine the Causes of deprivation of spiritual persons, and restore them again, And the fifth for continuing the making of Woollen Cloaths in divers Towns in the County of Essex, were each of them read prima vice; And the sixth and last was, the Bill that Timber shall not be selled to make Coals for burning of Iron.
Then the Parliament continued till Wednesday the 3d of May at nine of the Clock in the Forenoon, at which time, five Bills of no great moment, had each of them one reading, of which the first was the Bill that Timber shall not be selled to make Coals for burning of Iron; The second for continuing the making of Woollen Cloths, in divers Towns in the County of Essex; The third, that the Queens Majesty by Commission may examine the deprivation of spiritual persons, and restore them again; And the last, being the Bill to annex to the Crown certain Religioús Houses, and to reform certain abuses in Chantries, were each of them read secunda vice.
The Parliament continued till Friday May the 5th at eight of the Clock in the Morning. And then the Bill that Timber shall not be felled to make Coals for the burning of Iron, The Bill for continuning the making of Woollen Cloth in divers Towns in the County of Essex, And the Bill that the Queens Majesty by Commission may examine the Causes of deprivation of spiritual persons, and restore them again, were each of them read tertia vice & conclusæ.
The Bill lastly to annex to the Crown certain Religious Houses, and to reform certain abuses in Chantries, was read tertia vice una cum tribus provisionibus eidem Billæ annexis per Dominos, quæ prima, secunda & tertia vicé lectæ erant & conclus. dissentientibus Archiepiscopo Eboracen. Episcopis Londin. Elien. Wigorn. Landaven. Coven. Exon. cestren. Carleol. Abbate de Westm. ac Vicecomite Mountague, & commiss. Magistro Weston Servienti ad Legem & Attornato Reginæ in Domum Communem deferend.
Two Bills were brought up to the Lords from the House of Commons, of which the first was the Bill for the continuance of certain Statutes, with a Proviso added thereunto by the Commons, to which the Lords would not agree, but sent it down again to be passed by them, leaving out the Proviso. And the second being the Bill for limiting the times for the laying on Land Merchandize from beyond the Seas, and touching Customs for Sweet Wines, was returned conclus.
Then the Parliament continued till the next day at nine of the Clock, at which time the Bill for the preservation of the Spawn and Fry of Fish, was read tertiâ vice, & conclus. communi omnium Procerum assensu, dissentiente Episcopo Elien.; and it was delivered to Sir Richard Read and the Clerk of the Crown in Domum Communem deferend.
The Bill also, that Timber shall not be felled to make Coals for burning of Iron, The Bill for the continuance of certain statutes, And the Bill to annex to the Crown certain Religious Houses, and to reform certain abuses in Chantries, were returned from the House of Commons conclus.
On Monday the 8th day of May, the Lord Keeper and divers other Lords, both spiritual and Temporal, met in the Upper House, but nothing was done, save only the Parliament continued by the Lord Keeper, which is entred in the Original Journal-Book of the same House, in manner and form following.
About which hour in the Afternoon, the Queens Majesty came in person into the Upper House of Parliament, where were then present to attend her, Sir Nicholas Bacon Knight, Lord Keeper of the Great Seal of England, and divers other Lords both Spiritual and Temporal, who being all set in their Parliament Robes, according to their several Ranks, in their due places, the House of Commons had notice thereof, and repaired thither with Sir Thomas Gargrave Knight their Speaker; whose Speech to her Majesty, and his very coming up, being wholly omitted in the Original Journal-Book of the Upper House, I have partly before supplyed it, according to the usual course, and added also the residue in like manner touching the substance of what he spake, being also partly furthered in the setting down of it out of the Answer of Sir Nicholas Bacon Knight, Lord Keeper of the Great Seal, unto him, whose said Answer I have also caused to be inserted at large, out of a Copy thereof I had by me.
Sir Thomas Gargrave Knight, (before mentioned) with as many of the Knights, Citizens, and Burgesses of the House of Cómmons as conveniently could, being let into the Upper House, and he placed at the Rail, or Bar, at the nether end of the same, made a Learned Speech to her Majesty (which is termed, in the Original JournalBook of the House of Commons, fol. 214. b. A Learned Oration) the effect whereof may very probably be gathered to have been as followeth, viz.
He declared unto the Queens Majesty, and that present Assembly, with what care and speed the House of Commons had this present Parliament enacted and passed many good Laws, which remaining yet as a dead Letter and without force, he did humbly defire that her Majesty would be pleased, by adding her Royal Assent unto them, to make them living and active Laws. Then he desir'd in the name of the House, that her Majesty would be pleased to accept of the good endeavours and desires of the said House of Commons expressed this Parliament in all their proceedings, and more especially, that her Majesty would be pleased to take in good part the free gift of her said Subjects, who in token of their Love and Zeal to her Majesty, did with one assent offer unto her, not only the Subsidy of Tonnage and Poundage, but likewife one Subsidy, and two Fifteens and Tenths, as an undoubted effect and Testimony of their Duty and thankfulness towards her Majesty, for those many blessings and benefits which had accrued to the Church and State by her Highnesses most lawful and just Succession.
Lastly, He concluded with an humble desire that her Majesty would be pleased to accept of his hearty and zealous thanks, in allowing and admitting him, though unworthy, to that place of trust and importance; and to pardon all those weaknesses and imperfections, which he had unwillingly or casually discovered in the Execution of it.
To which said Speech of the Prolocutors, Sir Nicholas Bacon, Lord Keeper of the Great Seal, having first repaired to the Queen, to her Chair of Estate, to know her Majesties pleasure, as in her name and by her Command returned him this wise and large Answer.
Mr Speaker, The Queens Majesty hath heard how discreetly and wifely you have declar'd the proceedings of this Session in the House of Commons, for Answer whereunto, and for the better signification to be made to my Lords of the Upper House, of the Judgment of the Parliament men, and these Parliament matters, her Majesties pleasure and Commandment is, that I should open and utter unto you three things; The one is, what her Highness understandeth, by your doings this Parliament, of your wisdom and diligence. The second, what of your liberality and benevolence; and therewith, how comfortable the former is, and how thankful the second. The third, what her Highness would you should do for the good Execution of the Laws devised by you, and of the rest heretofore devised by others. And here, my Lords and Masters all, albeit in labouring to bear this burthen I am much more like to fall, than but to saint under it, because neither am I able to perform it as the Queens Majesty hath commanded it, nor as your deserts justly crave it, nor as my will wisheth, and desireth it. Nevertheless my trust is, that you will pardon my weakness and want, so as no note of arrogancy or folly be ascribed to me for it; seeing as you know by duty driven I do it. I had rather, and I know it much better for me to be silent, and so to have no need of your pardon, than by Speech to all your pains in hearing, and to mine also in speaking, to deserve to pray it; if mine Office would suffer.
But now to the matter, For the first part wherein her Majesty considereth, how in the debating of the great and weighty Causes of this Parliament, we have banished all suddain, rash, and swift proceedings (dangerous Enemies to all good Counsel) and in place thereof have taken such convenient leisure, as the weightiness of the matters of their better consideration hath requir'd. And again, what freedom of Speech hath been used and permitted, for the plain Declaration of every mans knowledge and Conscience; yea, and how men in some Cases and some places, have been rather by gentle perswasions provoked, than by any sharp manner of Speech, by men of Council, disswaded therefrom; and therewith also, how learnedly and cunningly, the disputable matters, being of moment, have been agreed and reasoned; how gravely and deeply weighed and considered; how advisedly and considerately resolved and concluded; and lastly, with what nigh and universal consent, they have been by you enacted and established. Besides also, remembring your great Studies, and endeavours, and diligences, for the opening and declaring what may be said Pro & contra, in all causes of doubts, to the end (as it seemeth to her Highness) that when all was said, and heard on both parts, that by any of you could be inferr'd, or produc'd, That that which should thereupon for all respects appear to stand most with the Honour and Glory of God, and the common Wealth of the Realm, might be the better and more safely agreed upon and determined; When her Majesty, I say, remembreth and considereth these things, she saith, she cannot but much commend, and allow your wisdom and diligence therein, greatly to her comfort and consolation, and much to all your praises and commendations. For now her Majesty verily trusteth, that like as no manner of determination in Parliament, neither can nor ought by any private Man, to be insringed or undone; so these determinations of yours, in this form begun, proceeded and concluded, cannot hereafter justly, no not by words, be impugned or gainsaid; for seeing all men have thus at leisure, and with liberty upon the making of these Laws frankly declared their opinions and knowledges likewife, as learned men; so the Laws being made and past, her Majesty doubteth nothing but that they will, like good, humble, and obedient Subjects, willingly, and humbly submit themselves to the Law as to Life. And the rather also, because that no Man in the obeying of Laws made at this Sessions, being of the greatest moment, should thereby be forced any otherways to do, than either himself hath by Law already done, or else others have before this time done, whom both for wisdom, vertue, and learning, it shall not be unseeming to any man here (be it spoken without offence) to follow and take Example of: And thus much for the first part.
For the second part, which concerneth your liberality and benevolence, her Majesty hath commanded me to say unto you, that your wise and grave Consideration, had and used in the granting of a present aid and relief, towards the relieving and discharging of the present charge wherewith the Realm, at the time of her coming to the Crown, was and yet is charged, is by her Highness taken in thankful part, and so is the restitution of the continual Revenue, as some Supplement towards the maintenance of the continual charge of late time grown to the Crown, as you have heard, and of necessity to be continued, as well for the surety of you all, as for the Confirmation of the whole Estate. And here, my Lords and Masters all, I take it to be my duty, to do you to understand, of certain noble and princely observations, and considerations had by her Highness of there your doings, much surely to all your Comforts; whereof one is, in that she forgetteth not that these grants be made, not by Subjects that have been a long time free from all manner of Taxes, Loans and Subsidies, and so well able to bear this burthen; but by Subjects, (much to her grief when she thinketh of it,) that have been well nigh continually charged with these things, to the universal impoverishing of the whole Realm, and no wayes to the strengthing, amending or honouring of the same; but rather to the weakning, decaying, and dishonouring of the same; whereby it is evident, yea too evident (if it pleased God otherwife) that these supplies are to be born, not of your superfluities, but rather of your necessities; Marry of necessity also to withsthand a greater necessity, which otherwise might touch you and yours in surety.
The second Observation is, your readiness and willingness in granting, whereof her Majesty maketh a very great account, perceiving thereby, that neither warm words, nor yet earnest nor long perswasions used amongst you, have drawn you to this, but that the same hath rather been by you willingly, readily, and frankly offered, than by any of the means above remembred; and that these your grants have altogether proceeded from the benevolent minds, and hearty affections, that you bear to your Soveraign Lady and Country: which benevolence and affection her Majesty accepteth, and taketh for the greatest benefit, and most precious Jewel, that a Subject can present to his Soveraign; and, to be short in this matter, if Bis dat qui citò dat be a true saying, you deserve great Commendation for your small staying hereunto. Also her Highness addeth a third, that is, a generality and consent of their Grant, knowing with what difficulty and diversity of Opinions in some times past, these things have been brought to pass. It is a certain and infallible ground, that every good thing, the greater it is, the better it is. Now this unanimity in consenting, being (as undoubtedly it is) a good thing, hath not her Majesty (trow you) good cause to rejoice in the universality thereof? yes surely, and thanks you therefore accordingly. To make an end of this part, her Highness hath specially commanded me to say unto you, that when she calleth to remembrance what you have granted, who hath granted, and the form of granting; she finds her self earnestly disposed, if your Sureties and the State would so suffer, as freely to remit these Grants, as you did gladly grant them. And where in times past, long and vehement Orations and perswasions have been in these Cases used, to such as occupied your places, for the great diligence, and careful circumspection to be had for the true levying of that which hath been granted, for that the common numbers respect altogether themselves as private men, and not themselves as members of the whole body, whereby against all reason and right, the Realm hath been often defrauded of the greatest part of the benevolence granted: This notwithstanding, her Highness hath willed me herein to use few words, and only for this respect, left else those which have shewed such liberality and benevolence in granting, might seem to be suspected by her, either of sidelity or diligence in levying; whereof she thinketh her self assured, and thereupon reposing her trust, she doubteth nothing, but by your good service, these things shall be as truly answered as they have been freely granted; and that this faithful trust, thus reposed by her Highness in your true service, shall serve her to better purpose, than any words that could be spoken by me on her Majesties behalf. And besides, she thinketh, (which is much to be noted surely,) that it were better to adventure the loss of a great part of that she taketh her self assured of, than your benevolent minds, I mean, by speaking one word too much.
Now to the third and last, which containeth the Queen's Majesties pleasure for the well Executing of Laws. Here, my Lords and Masters all, remembring your Wisdoms and Fidelities, albeit that it be not much needful to put you in mind, to how small purpose good Laws serve, being not daily and diligently executed; yet, because the ancient Order hath been, that somewhat at this time should be said for your remembrance in these matters; therefore it is thought meet, that I should trouble you with a few words. I am sure you all judge, if a man would be very diligent to provide Torches to guide him in his going by night, and yet would be negligent in lighting any of them when he goeth in the dark, he should show a notable piece of folly, much like to a man that seeketh to cleanse his Garden and grounds from Weeds and Briers, he carefully provideth many sharp Tools and Instruments for that purpose, and when he hath so done, layeth them fair up in a House without occupying of them; and is it not great fondness (trow you,) for men to use their endeavours to make good Laws, to govern mens doings, and to weed out those that be evil in the Common-Wealth, and thereupon to bind them fair in Books, and to lay them up without seeing to the Execution of those Laws? Yes, surely. Wherefore ye see, that as there hath been used by you great wisdom and discretion, in devising of some, so it is very necessary that like diligence and pains be taken by you and others, to see the good Execution of all; the effect of which charge consisteth principally in three points; The first is, Conservation of the Queens Peace. The second, in Administration of Justice between Subject and Subject. And the Third, in the observation of one uniform Order in Religion, according to the Laws now Established.
For the first, ye are to foresee all manner of Frays, Forces, Riots and Routs, and the discovering and repealing in time of all manner of Conspiracies, Confederacies and Conventicles; and in this part also you are to provide for the swift and speedy appeasing of all manner of Tumults, stirs and uproars, (if any happen) and for the diligent searching out, and severe punishment of all manner of Felonies, Burglaries, and all other like Enormities; Matters (as you know) against the Queen's Majesties Peace, Crown and Dignity; for the well doing whereof, two things are chiefly to be eschewed; The one is, sloathfulness, the other is uncarefulness: for how can Justice banish these Enormities, where her Ministers be so sloathful, that they will never creep out of their Doors to any Courts, Sessions, or Assizes, for the due Administration thereof, except they be drawn thereunto with some matters of their own; nor cannot endure to have their Ears troubled with the hearing of Controversies of their Neighbours, for the good appeasing of the same; or how can the uncareful man, that maketh no account of any of the common causes of his Country, but respecteth only his private matters and Commodities, become a just and diligent searcher out, follower and Corrector of Felonies, Murders, and such like common Enemies to the Common-Wealth? And yet true it is, that such careless and sloathful men do daily colour and cloak these their faults with the title of Quietness; Coveting to be counted good and quiet men, where indeed they seek only ease, profit, and pleasure to themselves, and that to be sustained and born by other mens cares and labours, as Drones do amongst Bees; But if every man should do so, who seeth not but things would shortly come to ruine in default of Order? for they may easily judge, that it is madness to seek the conservation of any particular Member, and to suffer the whole body to decay; but being well served by some mens opinions, as they care for none, so should none care for them; or else that better were in mine opinion, they should be used by men, as Drones be used by Bees. And thus much for the first part.
For the second, you are to provide, that all Embracers, Maintainers and Champerties, which be utter Enemies to the due Execution of Justice between Subject and Subject, be neither committed by any of you, nor (as near as you can) be suffered to be committed by any other. A very behoveful matter to be both carefully and earnestly looked unto, as the root and seed of all Justice, and especially if any of these faults light upon any person that hath Authority or Rule in the Country, or hath any office of Justice to execute among the people. Is it not (trow you) a monstrous disguising to have a Justicer a maintainer, to have him that should by his Oath and Duty set forth Justice and right, against his Oath and Duty to offer injury and wrong; to have him that is specially chosen amongst a number by the Prince, to appease all Brablings and Controversies, to be a sower and maintainer of strife and Sedition, amongst them seeking his reputation and opinion, by leading and swaying of Juries according to his Will, acquitting some for Gain, Enditing others for Malice; bearing with him as his Servant, over-throwing the other as his Enemy; procuring all Questmongers to be of his Livery, or otherwise in his danger, that his winks, frowning and countenance may direct all Inquests. Surely, surely, it is true, that these be they, that be subverters and perverters of all Laws and Orders; yea, that make daily the Laws, that of their own nature be good, to become Instruments of mischief. These indeed be they, of whom such Examples would be made, and the founders and maintainers of all enormities; and these be those, whom if you cannot reform for their greatness, yet ought you to complain of their villanies; and thus much for the due Administration of Justice.
And as to the third, which is the Observation of the uniform Order in Religion; you are to endeavour your selves, to the best of your powers and understandings, drawing together in one line all points, to further, set forth and maintain the same, which by great and deliberate advice here in Parliament hath been established. And here great Observations and watch should be had of the withdrawers and hinderers thereof; and especially of those, that subtilly, by indirect means, seek to procure the contrary. Amongst these I mean to comprehend, as well those that be too swift, as those that be too slow; those I say, that go before the Laws, or beyond the Laws, as those that will not follow; for good Government cannot be where Obedience faileth, and both these alike break the Rule of Obedience; And these be those, who in likelyhood should be beginners, and maintainers, and upholders of all Factions and Sects, the very Mothers and Nurses to all Seditions and Tumults, which necessarily bring forth destruction and depopulation; of these therefore great heed would be taken, and upon these being found, sharp and severe Correction (according to the Order of Laws) should be imposed; and that in the beginning, without respect of persons, as upon the greatest adversaries that can be to Unity and Concord, without which no CommonWealth can long endure and stand; whereupon (you know) all our standing and falling wholly consisteth, and the surety of our Sovereign. Also a matter most marvellous, that Laws whereby men possess all that they have, and their lives also, should not be able to direct mens actions so, as thereby all Factions and Sects, founded for the most part either upon Will, or upon the Glory of mens Wits and Inventions, Should not sufficiently be repressed.
Now, for the handsome bridling of the factions of men, I see not that a better way can be taken, than is used by the Horse-Master, who provideth for the good Government of his Horse, Bit, or Brakes, according to the tenderness or hardness of his Mouth, whereunto he addeth a certain and well-taught hand. And like as it is very well to be allowed, that none other Bit or Brake should be provided for these Factious Folks, than by the Laws be forced; so were it meet that any of that kind, be it never so sharp, should not be omitted, if the cause so requireth; and this would be executed by a certain and well-taught hand; for it cannot be, but the winking or withdrawing from medling in this matter, or the remiss or loose handling thereof, must of necessity over-throw in time the whole fruits of all your Labours, and put your selves, your Country, and the Queens Majesty also, in peril, (whom O Lord preserve!) which being warned, you may easily foresee and provide for. And this is all that at this time I have to say. And therefore, here to make an end, her Majesty is contented, according to your Petition, to grant her Royal Assent to such Ordinances and Laws, as have been devised and agreed upon by you, in such order and form, as by the Clerk of the Parliament, according to the antient Order, shall be read and declared. I have said.
After the Lord Keepers Speech was ended, the Queen's Majesty did doubtless give her Royal Assent to such Acts as passed at this Session; but neither the foresaid Speech, nor the passing of the said Acts, are at all mentioned in the Original Journal-Book of the Upper House, and therefore, as the said Speech was transcribed out of a Copy thereof I had by me, so is the manner of her Majesties giving her Royal Assent to such Acts as now passed, supplied here, according to a pattern or Platform thereof set down in the Original Journal-Book of the same House, in an. 39 Regin. Eliz. which may very well serve in this place, in respect that matters of form and course do seldom or never differ.
The Clerk of the Crown standing up, did first read the Titles of all the publick Acts, to every one of which, allowed by the Queen, the Clerk of the Upper House read these French words following, viz.
Then in the third place, after the Titles of all the publick and private Acts were read, and the Answers to them as aforesaid, then the said Clerk of the Crown standing up, did read the title of the Bill of Subsidy, and then the Clerk of the Upper House standing up likewife, did read the Queens Majesties Answer in manner and form following, viz.
The said Clerk having read the Queens acceptance, and thanks for the Subsidy given, as aforesaid, did then upon the reading of the Title of her Majesties Pardon, by the Clerk of the Crown as aforesaid, pronounce in these words following, the Thanks of the Lords and Commons for the same.
Les Prelats, Seigneurs, & Communes, en ce present Parliament assembles, an nom de truts vous autres subjects, remercient tres humblement vostrs Majestie, & prient à Dieu, vous donner en sanse. bonne vie & longue, i. e. The Prelates, Lords and Commons in this present Parliament Assembled, in the name of all your other Subjects, most humbly thank your Majesty, and pray to God to give you, in health, a long and happy Life.
The manner of her Majesties Royal Assent being thus transcribed, according to the Pattern of the said President, in the end of the Original Journal-Book, an. 39 Regin. Eliz. now followeth the Dissolution of this present Parliament, by Sir Nicholas Bacon Knight, Lord Keeper, upon her Majesties Commandment, which is entred in the Original Journal-Book of the Upper House in manner and form following.
Nota: That Francis Spilman Esq; at this time Clerk of the Upper House, did after the Parliament ended, transcribe out all such Acts as passed, and certified them into the Rolls, and did, at the end of every publick Act, transcribe the French words ensuing:
But as for the private Acts, there was some more and greater Ceremony observed in the transcribing and Certisying of them into the Rolls, by the said Clerk of the Upper House, which (although it be omitted in the end of the Original Journal-Book of this present Parliament, an. 1 Regin. Eliz. yet) I have caused to be supplied, according to the form of a draught thereof set down in the end of the Original Journal-Book of the Upper House, an. 39 Reginæ ejusdem, which may very well serve to be supplyed, and added unto the end of this present Journal; in respect that matters of form do seldome or never differ, in which I have only caused the direct times and persons to be sitted to this said foregoing Journal. At the head therefore of every such private Act, so certified into the Rolls as aforesaid, was doubtless written in Latin as followeth.
die Jan. An. Regni serenissimæ atq; excellentissimæ Dominæ nostræ Elizabethæ, Dei grat. Angl. Franc. & Hib. Regin. sidei desensor. &c. Primo, & ibidem continuat. usq; ad & in Octavam diem Maii tunc prox. Sequent. communi omnium Dominorum tam spiritualium quam temporalium & communitatis consensu & Regiæ Majestatis tunc præsentis assensu, inter alia sancitum, inactitatum, ordinat. & stabilitum suit sequens hoc statutum ad verbum ut sequitur, viz.
Ego Franciscus Spilman (who was Clerk of the Upper House in the first Year of Queen Elizabeth) Armiger, Clericus Parliamenti, virtute brevis supradict. dominæ nostræ Reginæ de Certiorand. mihi direct. & hiis annex. certisico superius hoc scriptum verum esse tenorem Actûs Parliamenti supradicti in eo breve express. In cujus rei Testimonium Sigillum nomenq; meum apposui atq; subscripsi. Dat. die Anno Regni Supradict. dominæ nostræ Reoinæ &c.