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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On Monday the first day of March, to which day the Parliament had been on Saturday last continued, Four Bills of no great moment had each of them one reading; of which the first being the Bill for returning of sufficient Jurors for the better expediting of Trials was read tertia vice and concluded.
The Master of the Rolls and Mr Serjeant Rodes were appointed Committees to hear the matter between Mr Vinion and Mr Tredolias Leza and his Wife, and Commission given to the said Committees to end the matter between the Parties if they could; and if they could not, then the Parties with their Councel to be before the Lords at this House upon Thursday next.
Two Bills lastly had each of them one reading; of which the first being the Bill against Jesuits, Seminary Priests, &c. was read secunda vice, with certain Amendments, and a Proviso added by the Lords.
On Wednesday the third day of March, to which day the Parliament had been last continued on Monday foregoing, Four Bills of no great moment had each of them one reading; of which the first being the Bill against Jesuits, Seminary Priests, &c. with the Amendments and Provisoes added by the Lords, was read tertia vice & conclusa, and sent to the House of Commons by Serjeant Rodes and the Queens Attorney.
Two Bills also were sent up to the Lords from the House of Commons; of which the last was the Bill for the repairing and maintenance of the Sea-Banks and Sea-Works on the Sea-Coast in the County of Norf.
Committees were appointed to hear the matter between the Lord Willoughby and Mr Heronden, who were chosen by the Parties themselves, viz. the Earl of Kent and the Lord Zouch for the Lord Willoughby, and Viscount Mountague and the Lord Cobham for Mr Heronden. And the Lords further Ordered that the said Lords Committees should end the matter between the said Parties if they could.
Committees lastly were this day Chosen to examine the Record touching passing Amendments of Amendments moved by the House of Commons, viz. the Lord Treasurer, the Earl of Suff. Viscount Mountague, the Bishop of Winchester, the Lord Hunsdon, the Lord Buckhurst, the Master of the Rolls and Mr Attorney, about the Bill for the better and more reverent observing of the Sabbath day; to which the House of Commons had added Amendments upon Amendments. The Precedents they named were the Bills for Treasons and bringing in of Bulls, Acts passed in Anno 13° of the Queen.
Nota, That this Bill concerning the Sabbath, as hath been before observed, was long in passing the two Houses, and much debated betwixt them, being committed, and Amendments upon Amendments added unto it, which as appeareth in this place was the cause of some Disputation between the Lords and the said Commons. Of the other several Passages of this Bill Vide on Monday the 7th day, Tuesday the 8th day, Wednesday the 9th day, Monday the 14th day, and on Saturday, the 19th day of December foregoing; As also on Thursday the 4th day, Saturday the 6th day, and on Saturday the 13th day of this instant March following.
On Thursday the 4th day of March, Three Bills of no great moment had each of them one reading; of which the first being the Bill for the assurance of certain Lands in the Counties of Norfolk, Suff. Lincoln and Warwick unto the Lord Willoughby of Willoughby and Erisby against the Heirs and Assigns of Mr Heronden was read tertia vice & conclusa, and sent to the House of Commons by Serjeant Gawdy and Serjeant Rolls.
Memorandum, That this day before the passing of my Lord Willoughbies Act, Edward Heronden came before the Lords and gave his Assent thereunto. Vide concerning this matter on Wednesday the third day of this instant March foregoing.
Saturday next was appointed by the House for the appearance of Mr Oughtred and the Earl of Sussex, and Viscount Mountague, appointed to talk with the Lady Marchioness about the assurance of her Jointure by a Parliament.
Nota, That this matter was formerly debated on Tuesday the 7th day of March in the last Parliament de anno 23 Reginæ Eliz. and before also in this present Parliament on Tuesday the 9th day of February last past, when Committees were appointed about it. Vide also on Monday the 29th day of this instant March following.
Sir Christopher Wray Knight, Lord Chief Justice of England brought in also a certain Record touching a Writ of Error according to a Bill preferred to her Majesty and Signed with her Highness hand, concerning the same. Which see at large on Monday the 8th day of this instant March following. For though it was this day brought into the Upper-House, yet it is likely it was not there publickly read until the said Monday, and therefore it is Entred at large on that day in the Original Journal-Book upon which it was read, and not upon this day when it was brought into the House by the Lord Chief Justice as aforesaid.
On Friday the 5th day of March, Seven Bills of no great moment had each of them one reading; of which the second being the Bill for following of Hue and Cry was read tertia vice & communi omnium procerum assensu conclusa.
On Saturday the 6th day of March, Four Bills were brought up to the Lords from the House of Commons; of which the last was the Bill for the better and more reverent observing of the Sabbath; to which the Lords having formerly added some Amendments, had sent it back to the House of Commons (where it first passed on Monday the 14th day of December foregoing.)
And upon this instant Saturday the said Commons sent it back again to the Lords with new Amendments upon their Amendments; which said new Amendments of the Commons their Lordships did this Morning pass without further Disputation, having read them prima, secunda & tertia vice.
Vide concerning this Bill of the Sabbath on Monday the 7th day, Tuesday the 8th day, Wednesday the 9th day, Monday the 14th day, and Saturday the 19th day of December foregoing: As also on Wednesday the third day of this instant March last past, and on Saturday the 13th day of the same Month ensuing. In all which days it will appear fully how hardly and difficultly it passed either House. And yet at last when it was agreed on by both the said Houses, it was dashed by her Majesty at the last day of this Parliament, upon that prejudicated and ill followed Principle (as may be conjectured) that she would suffer nothing to be altered in matter of Religion or Ecclesiastical Government. Vide itidem on Thursday the 18th day of this instant March following.
Memorandum, That whereas Ferdinando Clark one of the Ordinary Gentlemen of the Right Honourable Robert Earl of Leicester Lord Steward, was committed to the Prison commonly called the Kings-Bench, upon a Reddit se in the Kings-Bench, for the discharge of his Sureties, since the beginning of this present Parliament, the Lords at the Motion of the Lord North, in the name of the Lord Steward claiming the ancient priviledge of this High Court, after the hearing of the Cause between the said Ferdinando and one John Lacy Citizen of London, Ordered, that the said Ferdinando by vertue of the priviledge of this High Court should be enlarged and set at liberty. And further for as much as the said Ferdinando was not Arrested in Execution at the Suit of the said John Lacy, but was committed after Judgment by the Lord Chief Justice and the rest of the Justices of the Kings-Bench upon a Reddit se for discharge of his Sureties and their Bonds, the said Lords Ordered, that touching the sum of money recovered by the said John Lacy against the said Ferdinando Clark, should stand to such order and mitigation therein as the said Lord Chief Justice of the Kings-Bench shall set down and order for the same. And further Ordered, that the appearance of the said Ferdinando Clark by rendring himself into the said Court of Kings-Bench, was and should be a sufficient discharge of his Sureties and their Bonds, and that the Bonds should be redelivered. And it was further Ordered, that . . . . . Catesby, Marshal of the Kings-Bench, should be discharged of the Prisoner and of any Action that might be brought against the said Marshal for the same.
On Monday the 8th day of March, to which day the Parliament had been last continued on Saturday foregoing, the Record touching a Writ of Error (which the Lord Chief Justice had brought into the Upper House on Thursday the 4th day of this instant March foregoing) was Entred in the Original Journal-Book, and as it should seem read publickly in the House, being in manner and form following.
Memorandum quod Christopherus Wray Miles Capitalis Justiciarius de Banco Regis secum adduxit in Cameram Parliamenti inter Dominos Breve de errore & Billam per Reginam indorsat' & Rotul' in quibus supponebatur error, & ibidem reliquit transcriptum totius Recordi cum Clerico Parliamenti simul cum prædicto Breve de Errore in Parliamento.
Et super hoc venerunt Richardus Harbert, Johannes Awbery, Willielmus Filian & Simon Browne in propriis personis suis in Parliamento, & statim dixerunt quod in Recordo & processu prædictis, ac etiam in redditione Judicii prædicti manifestè est erratum in hoc, quod postquam Judicium prædictum in loquela hac versus præfatum Thomam Gonnel redditum suit, & antequam prædictus Joh. Hunt hunc prosecutus suit & impetravit prædictum primum breve de scire fcias versus præfatum Richardum Harbert, Johannem Awbery, Willielmum Filian & Simonem Browne Manucaptores prædicti Thomæ Gonnell, nullum breve de Cap. ad satisfaciendum pro debito & damnis prædictis per præfatum Johannem Hunt in placito prædicto prosecutum & returnatum suit versus præfatum Thomam Gonnell, ubi per consuetudinem Curiæ dictæ Dominæ Reginæ coram ipsa Regina ac tempore cujus contrarii memoria hominum non existit, in eadem usitat & approbat' breve de Cap. ad satisfaciendum versus eundem. Tho. Gonnell pro debito & damnis prædictis in placito prædicto prosequi & returnari deberet, antequam aliquod breve de scire facias versus manucaptores prædictos in loquela illa impetrari seu prosequi deberet, licet consuetudo & forma captionis recognitionum in Curia prædicta usæ fuerunt in forma prædicta, viz. Si contigerit eundem Thomam Gonnel in placito prædicto convinci, tunc iidem Manucaptores concesserunt & quilibet eorum per se concessit tam debitum prædictum quàm omnia hujusmodi damna nunc & custag' quæ præfato Johanni Hunt in ea parte adjudicentur, de terris & Catallis suis & eorum cujuslibet fieri, & ad opus prædicti Johannis Hunt levari, si contigerit prædictum Thomam Gonnell debitum & damna illa præfato Johanni Hunt minimè solvere, ant si prisonæ Marescal' Dominæ Reginæ coram ipsa Regina ea occasione non reddere, &c. Et petunt iidem Richardus Harbert, Johannes Awbery, Willielmus Filian & Simon Browne, quod Judicium prædictum & processus super brevia prædicta de scire fac' prosecut' in Curia dict' Dominæ Reginæ coram ipsa Regina revocetur, adnulletur & penitus pro nullis habeatur. Et super hoc Domini per Consilium Justiciariorum post longam & maturam deliberationem uno consensu adjudicaverunt . . . . . quod judicium prædictum & processus super brevia prædicta de scire fac' prosecut' in Curia dictæ Dominæ Reginæ coram ipsa Regina revocetur, adnulletur & penitus pro nullis habeatur.
On Wednesday the 10th day of March, to which day the Parliament had been on Monday last continued, Eight Bills of no great moment had each of them one reading; of which the first being the Bill for Confirmation of Letters Patents, made unto the Dean and Chapter of Norwich, was read Prima vice.
Six Bills also were brought up to the Lords from the House of Commons; of which the first being the Bill for Provision to be made for the Surety of the Queens Majesties most Royal Person and the continuance of the Realm in Peace, was read prima vice.
On Thursday the 11th day of March, Six Bills had each of them one reading; of which the first being the last recited Bill for Surety of the Queens Royal Person, &c. was read secunda vice. And the second being the Bill for the good Government of the City and Borough of Westminster in the County of Middlesex was read tertia vice, with a Schedule and certain Amendments, quæ communi omnium procerum assensu conclusa & dat' Doctori Barkeley & Servienti Rolls in Domum Communem deferend.
Then the Lord Chancellor continued the Parliament unto two of the Clock in the Afternoon. About which hour the Lords Spiritual and Temporal meeting six Bills of no great moment had each of them one reading; of which the second being the Bill concerning the Lady Marchioness of Winchesters Jointure, was read secunda vice & commissa to the Master of the Rolls, and the Lord Chief Justice of the Common-Pleas.
For as much as in the matter depending now in Parliament by Writ of Error brought by John Akerode, Thomas Stanfeild and divers others, against Richard Whalley Defendant, for reversing of certain Errors supposed by the said Plaintiff to be in the said Defendants Grandfathers form of Pleading, and other things in his Recovery of the Mannor of Eringden in the County of York; it hath appeared to this honourable Court by the Certificate of the Lords Chief Justices, the Master of the Rolls and others, being by this Honourable Court appointed Committees to hear and examine the matter privately before them, that the Writ of Error and the scire facias are insufficient in Law for divers Causes opened to this Court. Therefore it is Ordered by the Lords that the same Writ of Error shall abate, and the Plaintiffs to pursue their further remedy as they shall thing good.
On Saturday the 13th day of March, to which day the Parliament had been on Thursday last continued, the Bill for Provision to be made for the Surety of the Queens Majesties most Royal Person, and the continuance of the Realm in Peace was read tertia vice, quæ communi omnium Procerum assensu conclusa, with one amendment in the 44. line, that is after this word [left] put out [so as] and in place thereof put in [foreseeing that.] This amendment was made after the third reading, and before the Bill was put to the question, and was delivered to Doctor Barkeley and Serjeant Rodes to be carried to the Lower House, with the Bill for the better observing of the Sabbath day; with request, for that there are whole Sentences inserted into the said Bill for the Sabbath day, and the Bill would remain a very foul Record, it might be fair written again. Vide concerning this Bill of the Sabbath on Wednesday the third day, and on Saturday the 6th day of this instant March foregoing.
On Monday the 15th day of March, to which day the Parliament had been on Saturday last continued, prima, secunda & tertia vice lecta est schedula of the amendments of the Bill against Jesuits sent from the House of Commons, quæ communi omnium procerum assensu conclusa est, with an Addition to the said Schedule added by them of the House of Commons, & data Doctori Barkeley & Servient Rolles in Domum Communem deferend.
Six several Bills also of no great moment had each of them one reading; of which the first being the Bill for Confirmation of the Subsidy of six shillings in the pound granted by the Clergy, was read prima vice & commissa ad ingrossandum.
Then the Lord Chancellor continued the Parliament unto two of the Clock in the Afternoon, about which time the Lords Spiritual and Temporal Assembling, Four Bills of no great moment had each of them one reading; of which the first being the Bill for the payment and satisfaction of the Debt of William last Lord Marquess of Winchester deceased, due to the Queens Majesty, was read prima vice.
On Tuesday the 16th day of March, Seven Bills of no great moment had each of them one reading; of which the first being the Bill for the incorporation of Christs Hospital was read tertia vice & communi omnium procerum assensu conclusa, & data Doctori Barkeley & Servienti Rodes in Domum Communem deferend. And the second being the Bill to give her Majesty Authority to alter and new make a Kalendar according to the Kalendar now used in other Countries, was read prima vice.
About two of the Clock in the Afternoon, to which hour the Lord Chancellor had in the Forenoon continued the Parliament, the Lords Spiritual and Temporal meeting, nine Bills of no great moment had each of them one reading; of which the first being the Bill for the Haven of Plymouth, was read secunda vice.
On Wednesday the 17th day of March, Four Bills of no great moment had each of them one reading; of which the first being the Bill of one entire Subsidy and two Fifteenths granted by the Temporalty, was read tertia vice & communi omnium Procerum assensu conclusa. The fourth also being an Act for the assurance of certain Lands unto the Lord Hunsdon, was read secunda vice & commissa ad ingrossandum.
On Thursday the 18th day of March six Bills of no great moment had each of them one reading; of which the first being the Bill for the assurance of certain Lands to the Lord Hunsdon, and the second being the Bill touching the breadth of white Woollen Clothes made within the Counties of Wilts, Glocester and Oxon' with the amendments, were each of them read tertia vice & conclusæ & datæ servienti Rodes. It should seem that these Bills were delivered to him to carry down to the House of Commons, although so much be not expressed.
There were also brought up to the Lords from the House of Commons four Bills of no great moment; of which the first being the Bill that Parsonages impropriate may be disposed to godly and charitable uses, and the third for the better and more reverent observing of the Sabbath day, were each of them read the first time.
Vide concerning this Bill of the Sabbath on Saturday the 6th day of this instant March foregoing. But what the intent or scope of this Bill was, (her Majesty refusing to pass it upon the last day of this Parliament) cannot be certainly set down, it being not now remaining in the bundle of the Acts de Anno isto 27 Reginæ Eliz. in the Clerk of the Upper House his Office: in which said bundle I searched for it on Thursday the 8th day of October in the year 1629.
About two of the Clock in the Afternoon, to which hour the Lord Chancellor had in the Forenoon continued the Parliament, Proceres tam Spirituales quàm Temporales, quorum nomina subscribuntur, præsentes fuerunt, and so is the entrance of every sitting in the Afternoon upon such continuance, ut supra, viz. the same form which is used in entring the sitting of the House in the Forenoon, which for brevity is in this Collection elsewhere omitted.
On Friday the 29th day of March five Bills of no great moment had each of them one reading of which the first being the Bill against covenous and fraudulent Conveyances with the amendments was read tertia vice, & communi omnium Procerum assensu conclusa & data servienti Rodes & Doctori Barkeley in domum communem deferend.
Nota, That this Bill is said to have been read tertia vice in the Afternoon of the day past which was Thursday, and therefore it could not be now read again: but to reconcile this difference, it should seem the Bill it self had then its third reading, and the amendments but the second; and this day the said amendments passed upon the third reading: but the Bill it self which had passed yesterday, was no more read, which by the negligence of Mr. Mason, at this time Clerk of the Parliament, was suffered to be set down thus confusedly in the Original Journal-Book, and so to stand.
On Saturday the 20th day of March the Bill for the explanation of the Statute made Anno 13 of the Queens Majesty, entituled An Act to make the Lands, Tenements, Goods and Chattels of Receivors, &c. liable to pay their debts, was read prima, secunda & tertia vice, & communi omnium Procerum assensu conclusa.
There were also brought up to the Lords from the House of Commons nine Bills; of which the first was an Act for the good Government of the City and Borough of Westminster, and the second being for the Subsidy of the Clergy was returned and expedited.
The Lord Bishop of Exeter shewed unto the Lord Chancellor Sir Francis Walsingham's Letter dated at the Court this 14th day of March 1584. importing her Majesties licence for the said Bishop to depart home to his charge.
Nota, That it appeareth not by the Original Journal-Book, whether the Bishop of Exeter aforesaid, absenting himself for this time from the Parliament by her Majesties licence, did constitute any Proctor or no, and it should seem that he did not, because his departure from it was but for some few weeks during the last sitting thereof, and that also in open Parliament, and as it were with the allowance also of the rest of the Lords.
On Monday the 22th day of March, to which day the Parliament had been on Saturday last continued, six Bills of no great moment had each of them one reading; of which the first being the Bill for reformation of Errors in Fines and Recoveries in the twelve Shires of Wales with a Proviso added by the Lords from the Earl of Kent, was read tertia vice & communi omnium Procerum assensu conclusa & data Doctori Barkeley & servienti Rodes in domum communem deferend'.
The Bill to make a Fine levied by Peter Heame and Johan his Wife and John Tredolias alias Leha and Anne his Wife, during the Minority of the said Johan and Anne, to be void against the said Anne, was put to the question, and was rejected by the most Voices; for the Preamble of the Bill was scandalous, and no proof made thereof.
Nota, That this Bill preferred by Anne the Wife of the above-named Tredolias, to reverse a Fine levied by her during her Non-age, by Authority of Parliament, (because it seemeth, being at this time of full Age she could not otherwise do it by ordinary course of Law) was very deliberately and advisedly proceeded in by the Lords, who having given it the first reading upon Thursday the 17th day of December, and the second reading upon Saturday the 20th day of February foregoing, did before any further proceeding in it, on Monday next following, being the two and twentieth day of the said February foregoing, refer the same to certain Lords being chosen Committees therein by the said Anne on the one part who was the Plaintiff, and Mr Vivion on the other who was the Defendant, and to whose use it seemeth the said Fine had been levied, after which the said Lords Committees having not ended the said difference, it was again committed on Monday the first day of March foregoing, to the Master of the Rolls and Mr Serjeant Rodes to hear it, and to make some conclusion thereof, which being not effected, it was again on Thursday following, being the 4th day of this instant March, referred to the said Mr of the Rolls and the Serjeant aforesaid; who still endeavouring without any effect to make any accord between the said Parties, it was now at last upon the foresaid Monday the 22th day of this instant March put to the Question in the Upper House, and there the said Bill preferred by the said Anne to be relieved in Parliament contrary to her own Fine, was rejected: where it may be seen how tender their Lordships were to relieve any Party contrary to the course of the common Law. For the Case appeareth singly to be this: Baron and Feme levy a Fine, the Wise being under Age, then the Husband dies, (as John Tredolias Leza or Leha did here) the Wise being of full Age, and she sues in Parliament to be relieved; for at Common Law if an Insant levy a fine and then die, or becomes of full Age before it be reversed, the Fine stands good as if it had been levied by one of full Age, as was delivered in the Common-Pleas per totam Curiam in the Lady Cæsars Case, then Wife of Sir Julius Cæsar Knight Master of the Rolls, which is entred in termino Trinitatis Anno 21 Jacobi Regis Rotulo 1971.
On Tuesday the 23th day of March, Three Bills of no great moment had each of them one reading; of which the first being the Bill concerning the Water-Bailiff was read secunda vice, but not mentioned to be either referred to Committees or Ordered to be ingrossed.
Four Bills also were brought up to the Lords from the House of Commons; of which the first being the Bill for the Explanation of a Statute made Anno 13. of the Queens Majesties Reign, intituled An Act to reform sundry disorders touching Ministers of the Church, was read prima vice.
On Wednesday the 24th day of March, The Bill against Rogues, Idle and Vagrant Persons, was read secunda vice; but no mention is made that it was either referred to Committees or Ordered to be ingrossed: and the reason hereof may be, that this Bill having passed the House of Commons, and being sent up to the House of Lords fairly ingrossed in Parchment, can be no more ingrossed neither do the Lords ordinarily refer such Bills to Committees unless there be very great cause, in respect that each House holding correspondency with other, they do not willingly submit that to the agitation of a private Committee which hath been allowed and approved by the wisdom of a whole House. There may also be two other reasons (besides the Clerks negligence who may sometimes omit it) why a Bill upon the second reading is so left without any mention made of the committing or ingrossing; as where the referring of it to Committees is deferred till some other day, as it fell out in the Parliament de Anno 13 Reginæ Eliz. when the Bill touching the Commission of Sewers being read secunda vice on Friday the 20th day of April, was referred to Committees on the day following, being Saturday the 21th day of the same Month. The third and last reason finally why a Bill may be mentioned to be read secunda vice without any further Order taken in it as aforesaid, may be assigned in some extraordinary Cases; as where Bills of Grace, viz. for the restitution in Blood of any; and such like are sent to the House from her Majesty fairly ingrossed in Parchment and Signed with her hand, which for the most part do pass the House without any stop or question. But it is to be noted, that in later times the committing of a Bill upon the second reading is always when it is so read, and is never deferred until another day.
On Friday the 26th day of March, to which day it seemeth the Parliament had been on Wednesday last continued, Introductum suit breve quo Richardus Petriburgen. Episcopus præsenti Parliamento summonebatur interesse, qui admissus est ad suum præheminentiæ in Parliamento sedendi locum, salvo cuiquam jure suo.
Six Bills lastly were brought up to the Lords from the House of Commons; of which the first being for the naturalizing of certain Englishmens Children born beyond the Seas, was read prima, secunda & tertia vice & expedita.
Nota, That the Original Journal-Book of the House of Commons de Anno isto 27 Reginæ Eliz. maketh mention of some amendments added to this Bill by the Lords before it was thus immediately returned (a thing very observable and extraordinary) within a short time after the Lords themselves had received it.
It appeareth also in the said Journal-Book that one Bill more concerning the good Government of the City of Westminster was sent up with certain amendments to the Lords from the House of Commons; and that two other Bills, whereof this very Bill concerning the City of Westminster was one, and the Bill for the keeping of the County-Court at Morpeth, and the Town of Anwicke in the County of Northumberland was the other, had been this day sent down to the House of Commons from the Lords by Serjeant Rodes and Mr. Powle, who thereupon did presently read them prima, secunda & tertia vice, as the Lords it should seem led by their Example did the two Bills above-mentioned this same Morning afterwards, and with some small alteration sent them up to the Lords. All which matter is by the negligence of Mr Mason at this time Clerk of the Upper House, omitted in the said Original Journal-Book of that House, and supplied out of the Original Journal-Book of the House of Commons, pag. 166, & 167. Collected by Mr Fulk Onslow at this time Clerk of the said House.
The Petition also of the Lord Marquess of Winchester against Mr. Oughtred concerning certain Accompts by him to be made, was this day read before the Lords. Vide concerning this matter on Monday the 29th day of this instant March following.
On Monday the 29th day of March, to which day the Parliament had been on Saturday last continued, a Proviso to the Bill concerning the Pier and Cobb of Lime Regis added by the Lords, was read tertia vice, and then sent down to the House of Commons by Mr. Serjeant Rodes and Mr. Powle.
Mr Oughtred appeared before the Lords. The Lord Chancellor by the advice and consent of the said Lords, asked the said Oughtred whether he meant to take the benefit of a Release heretofore mentioned. The said Oughtred pronounced before the said Lords that he would take no advantage of any Release concerning the said sum of twelve thousand pound and more, saying further, that the said Release extended not to the said sum, but to other accompts before the time of his Executorship. The Lord Chancellor demanded further of the said Oughtred, if he would be contented that his said Speeches should be entred by the Clerk in the Journals of the House. The said Oughtred Answered that he was very well pleased therewith. Whereupon the Lord Chancellor Commanded that his said Speeches should be Registred.
Nota, That this matter was formerly debated on Tuesday the 7th day of March in the last Parliament de Anno 23 Reginæ Eliz. and before also in this present Parliament on Tuesday the 9th day of February last past, and on Tuesday the 4th day, and on Saturday the 27th day of this instant March foregoing, and Committees were likewise appointed about it on the foresaid 9th day of February being Tuesday.
About which hour the Lords meeting, the Bill for the Queens Majesties most Gracious general and free Pardon, lecta est, quæ communi omnium Procerum assensu conclusa est, & data Servienti Rodes in Domum Communem deferend', unà cum subsidio Temporalitatis.
There was also brought from the House of Commons two Bills; of which the first was the Bill for the preservation of the Pier or Cobb of Lime Regis in the County of Dorset, and the second being an Act for the preservation of Pheasants and Partridges with amendments was rejected; for that they of the House of Commons had with their amendments taken away the principal intent of the Bill.
This Afternoon her Majesty Accompanied with the two Archbishops of Canterbury and York, Sir Thomas Bromley Knight Lord Chancellor, the Lord Burleigh Lord Treasurer of England, the Lord Marquess of Winchester, the Earl of Oxford and divers other Lords Spiritual and Temporal were personally present in the Parliament Chamber commonly called the Upper House, who being all set in their Parliamentary Robes, and the Knights, Citizens and Burgesses of the House of Commons having notice there of, repaired thither with John Puckering Serjeant at Law their Speaker, who being placed at the Rail or Bar at the lower end of the said Upper House, after his humble reverence made, and some expressions of his thankfulness to her Majesty, he proceeded according to the usual course to desire her Majesty to give Life to such Laws by adding her Gracious Allowance unto them, as had passed either House, and remained as yet but as a dead Letter; and withal gave her Majesty knowledge of the free gift of the House of Commons of one Subsidy and two Fifteenths and Tenths.
To which Speech of the said Prolocutors the Lord Chancellor by her Majesties commandment answered. That she did graciously accept of the said gift of her Commons, and was come thither to give her Royal assent to divers of those Laws which had passed the two Houses.
The Clerk of the Parliament having read the Queens acceptance and thanks for the Subsidy given as aforesaid, did then upon the reading of the Pardon pronounce in these French words following the thanks of the Lords and Commons for the same.
Les Prelates, Seigneurs & Communes en se present Parliment assembles, au nom de touts vous autres Subjects remercient treshumblement vostre Majesty, & prient a Dieu que il vous done en sante, bone vie & longue.
Nota, That her Majesties Answer to these two Acts of the Subsidy and Pardon do differ from all the rest to any other Bills, because in the first is expressed her Majesties thanks to the Subjects, and in the second the Subjects humble acknowledgment of her said Majesties Pardon as an act of her own free grace and goodness.
Nota also, That the express and direct manner of her Majesties giving her Royal assent to such Acts as passed at this Parliament, as is before set down, is not so entred in the Original Journal-Book of the same, but is supplied out of that de Anno 39 Reginæ Eliz. where it is at large inserted; according to which Precedent (the form being always the same) the rest of the Journals of her Majesties Reign, as well as this present Journal, are enlarged and perfected.
To the further amplifying of which also, here doth now in the next place ensue a most pious and gracious Speech of her Majesty's, uttered by her upon the conclusion of this Parliament, which being not found in the Original Journal-Book of the Upper House, is therefore supplied out of a Copy thereof I had by me, written by John Stow the Chronicler with his own hand, being verbatim as followeth.
MY Lords and ye of the Lower House, my silence must not injure the Owner so much as to suppose a Substitute sufficient to render you the thanks that my heart yieldeth you, not so much for the safe keeping of my life, for which your care appears so manifest, as for the neglecting your private future peril, not regarding other way than my present State.
No Prince herein, I confess, can be surer tied or faster bound than I am with the link of your good will, and can for that but yield a heart and a head to seek for ever all your best; yet one matter toucheth me so near, as I may not overskip, Religion, the ground on which all other matters ought to take root, and being corrupted, may marr all the tree. And that there be some fault-finders with the Order of the Clergy, which so may make a slander to my self and the Church, whose over-Ruler God hath made me, whose negligence cannot be excused, if any Schisms or Errours heretical were suffered. Thus much I must say that some faults and negligences may grow and be, as in all other great Charges it happeneth, and what vocation without? All which if you my Lords of the Clergy do not amend, I mean to depose you. Look ye therefore well to your Charges. This may be amended without heedless or open exclamations. I am supposed to have many studies, but most Philosophical. I must yield this to be true, that I suppose few (that be no Professors) have read more. And I need not tell you that I am so simple, that I understand not, nor so forgetful, that I remember not; and yet amidst my many Volumes I hope Gods Book hath not been my seldomest Lectures, in which we find that which by reason (for my part) we ought to believe; that seeing so great wickedness and greeves in the World in which we live, but as way-faring Pilgrims, we must suppose that God would never have made us but for a better place, and of more comfort than we find here. I know no Creature that breatheth, whose life standeth hourly in more peril for it than mine own, who entred not into my state without sight of manifold dangers of life and Crown, as one that had the mightiest and greatest to wrestle with. Then it followeth that I regarded it so much, as I left my life behind my care; and so you see that you wrong me too much (if any such there be) as doubt my coldness in that behalf; for if I were not perswaded that mine were the true way of Gods will, God forbid that I should live to prescribe it to you. Take you heed lest Ecclesiastes say not too true, They that fear the hoary frost, the snow shall fall upon them. I see many over-bold with God Almighty, making too many subtle scannings of his blessed will, as Lawyers do with humane Testaments. The presumption is so great, as I may not suffer it (yet mind I not hereby to animate Romanists, which what Adversaries they be to mine Estate, is sufficiently known) nor tolerate new-fangleness. I mean to guide them both by Gods holy true Rule. In both parts be perils, and of the latter I must pronounce them dangerous to a Kingly Rule, to have every man according to his own censure to make a doom of the validity and privity of his Princes Government with a common veil and cover of Gods Word, whose followers must not be judged but by private mens exposition. God defend you from such a Ruler that so evil will guide you. Now I conclude that your love and care neither is nor shall be bestowed upon a careless Prince, but such as but for your good will passeth as little for this World as who careth least, with thanks for your free Subsidy, a manifest shew of the abundance of your good wills, the which I assure you but to be imployed to your weal, I could be better pleased to return than receive.
This Speech of her Majesty being thus transcribed out of the foresaid Copy, written by John Stow the Chronicler, as is already mentioned; now followeth the Prorogation of the Parliament, which is entred in the Original JournalBook of the Upper House in manner and form following.
Upon which said 20th day of May the Parliament was again prorogued, and so continued by five other several Prorogations unto Wednesday the 14th day of September in Anno 28 Reginæ Eliz. Anno Domini, 1586. upon which said 14th day of September it was at last dissolved.
Memorandum, quòd vicesimo die Maii, Anno Regni Reginæ Eliz. 27° convenêre Proceres tam Spirituales quàm Temporales, quorum nomina subscribuntur. Johannes Archiepiscopus Cantuar. Thomas Bromley Miles Dominus Cancellarius Angliæ, Henricus Comes Darby, Johannes Episcopus London, Edwardus Dominus Zouch.
Qui cùm convenissent, Dominus Cancellarius Literas Regias commissarias Anthonio Mason Clerico Parliamenti publice legendas in manus tradidit. The tenor whereof was a Commission unto the Archbishop of Canterbury, the Lord Chancellor, the Archbishop of York, the Lord Treasurer, the Earl of Oxford Lord great Chamberlain of England, George Earl of Shrewsbury Earl Marshal of England, and six other Earls, also to the Earl of Warwick Master of the Ordnance, four other Earls, Charissimóq; Consanguineo suo Anthonio Vicecomiti Mountague, John Bishop of London, John Bishop of Sarum, John Bishop of Rochester, Charles Lord Howard Lord Chamberlain of her Majesties House, and eight other Barons, giving to them or any three or more of them Plenam potestatem, facultatem & authoritatem hoc instante die Jovis ad præsens Parliamentum nostrum nomine nostro ad & in septimum diem Junii proxfuturum usq; prædictam Civitatem nostram Westmonasterii prorogand' & continuand' ibidem tune tenend' & prosequend' &c. In cujus rei testimonium, &c. Teste, &c. 20° die Maii, Anno Regni nostri 28°.
Septimo die Junii Anno Regni Elizabethæ 27° the Archbishop of Canterbury, Sir Thomas Bromley Knight Lord Chancellor, one Earl, one Bishop and three Barons by virtue of a Commission under the Great Seal to them and others directed, did prorogue and continue the Parliament unto the 21. day of this instant June.
On the 26th day of April Anno 28° Elizabethæ Reginæ the Parliament was in like sort by Commissioners prorogued until the 14th day of November next, viz. Anno 28° Eliz. before which day it was dissolved on September the 14th ut vide infra.
Memorandum, quòd cù præsens Parliamentum in decimum quartum diem Novembris prox. futurum prorogatum fuisset, tamen maximis gravissimisque causis intervenientibus, & negotivs ita flagitantibus, Regiæ Majestari per avisamentum Consilii sui consultissimum visum est, dictum Parliamentum hoc instante decimo quarto die Septembris penitùs dissolvere, ob eámq; rem per Literas suas Patentes quibusdam Proceribus plenam potestatem, facultatem & authoritatem prædictum Parliamentum nomine suo dissolvend' concessit. Addito etiam speciali mandato, ut circa præmissa diligenter intenderent & effectualiter explerent. Igitur bodierno die 14° Septembris Proceres isti in Camera Parliamenti convenerunt, quorum nomina subsequuntur.
Qui cùm consedissent, Dominus Cancellarius præcepit ut dictæ Literæ Patentes publicè legerentur, quibus lectis, præfati Proceres dictum Parliamentum nomine dictæ Reginæ dissolverunt, & ipso facto dissolut. pronunciaverunt. Literarum autent Patentium tenor sequitur in hæc verba.
Elizabetha Dei gratia Angliæ, Franciæ & Hiberniæ Regina, Fidei Defensor, &c. reverendissimo in Christo Patri ac Consiliario suo Johanni Cantuariensi Archiepiscopo totius Angliæ Primati & Metropolitano, & prædilecto & fideli consiliario suo Thomæ Bromley Militi Domino Cancellario Angliæ, ac reverendissimo in Christo Patri Edwino Eboracen' Archiepiscopo Angliæ Primati & Metropolitano; necnon prædilecto & fideli consiliario suo Willielmo Domino Burleigh Domino Thesaurario Angliæ, ac charissimo consanguineo suo Edwardo Comiti Oxon' Magno Camerario Angliæ, ac etiam charissimo consanguineo & consiliario suo Georgio Comiti Salop' Comiti Marescallo Angliæ, charissimoq; consanguineo suo Henrico Comiti Kantiæ necnon charissimo consanguineo & consiliario suo Henrico Comiti Darbiæ, ac charissimis consanguineis suis Willielmo Comiti Wigorn', Edwardo Comiti Rotel', Georgio Comiti Cumberland, Henrico Comiti Sussex; Ac etiam charissimo consanguineo & consiliario suo Ambrosio Comiti Warwici Magistro Ordinationum suarum, necnon charissimis consanguineis suis Henrico Comiti Pembroke, Edwardo Comiti Hartford, Anthonio Vicecomiti Mountague; necnon reverendis in Christo Patribus Johanni Episcopo London, Johanni Episcopo Sarisburien', Johanni Episcopo Roffen'; ac prædilectis & consiliariis suis Carolo Domino Howard Magno Admirallo suo Angliæ, Henrico Domino de Hunsdon Domino Camerario Hospitii sui; Ac etiam prædilectis & fidelibus suis Edwardo Domino Zouch, Edwardo Domino Morley, Georgio Domino Dacres; necnon Prædilecto & fideli consiliario suo Willielmo Domino Cobham, Domino Gardiano quinque portuum suarum, ac prædilectis & fidelibus suis Arthuro Domino Grey de Wilton, Johanni Domino Lumley, Henrico Domino Cromwell, ac prædilecto & fideli consiliario suo Thomæ Domino Buckhurst salutem. Cum nuper pro quibusdam arduis & urgentibus negotiis nos, statum & defensionem regni nostri Angliæ ac Ecclesiæ Anglicanæ concernentibus præsens hoc Parliamentum nostrum apud civitatem nostram Westmonasterii 23 die Novembris Anno Regni nostri 27° inchoari & teneri ordinaverimus, à quo die idem Parliamentum nostrum tunc & ibidem tentum & continuatum fuerat usq; ad & in 29 diem Martii, tunc prox' sequentem, Eodémq; die idem Parliamentum nostrum usq; ad & 20 diem Maii tunc prox' sequentem prorogatum fuerat, Eodémq; die idem Parliamentum nostrum usq; ad & in septimum diem Junii tunc prox' sequentem prorogatum fuerat, Eodémq; die idem Parliamentum nostrum usq; ad & in vicesimum diem ejusdem Mensis Junii Prorogatum fuerat, Eodémq; die idem Parliamentum nostrum usq; ad & in vicesimum diem Octobris tunc prox' sequentem prorogatum fuerat, Eodémq; die idem Parliamentum nostrum usq; ad & in decimum diem Februarii tunc prox' sequentem prorogatum fuer at, necnon idem Parliamentum nostrum usq; a & in vicefimum fextum diem Aprilis tune prox sequent (?) (?) & in decimum quartum diem Novembris jam prox' futurum prorogatum fuerat, ibidem tunc tenend' & prosequend': Sciatis tamen quod certis urgentibus causis & considerationibus nos ad præsens specialiter moventibus idem Parliamentum nostrum hoc instante decimo quarto die Septembris duximus dissolvend'. De fidelitate igitur prudentia & circumspectione vestris plurimum confidentes, de avisamento & assensu consilii nostri assignavimus vos & aliquos tres vel plures vestrum Commissionarios nostros, Dantes vobis & aliquibus tribus vel pluribus vestrum tenore Præsontium plenam potestatem, facultatem & authoritatem hoc instante decimo quarto die Septembris ad dictum Parliamentum nostrum nomine nostro plenariè dissolvend'. Et ideo vobis mandamus quod vos, aliqui tres vel plures vestrum, idem Parliamentum nostrum idem instante decimo quarto die Septembris virtute harum literarum nostrarum patentium nomine nostro plené dissolvatis & determinetis. Et ulterius volumus & per præsentes concedimus & declaramus, quod idem Parliamentum nostrum vigore præsentium hoc instante decimo quarto die Septembris dissolutum & determinatum sit, & per has literas nostras patentes idem Parliamentum nostrum penitus dissolvimus & determinamus. Et ideo vobis mandamus quòd circa præmissa diligenter intendatis, ac ea in forma præ dict a effectualiter expleatis & exequamini. Volumus etiam & concedimus quòd omnes & singuli Archiepiscopi, Marchiones, Comites, Vicecomites, Episcopi, Barones, Milites, Cives & Burgenses, ac omnes alii quorum interest, ad dictum Parliamentum nostrum conventuri de omni eo quod eis pertinet in præmissis faciend' & exequend, sint omnino tenore præsentium exonerati & quieti in omnibus prout decet. In cujus rei testimonium has literas nostras fieri fecimus patentes. Teste me ipsa apud Westmonasterium decimo quarto die Septembris Anno Regni nostri 28°.
Nota, That this last Dissolution of the aforesaid Parliament in Anno 28 Reginæ Eliz. Anno Domini 1586. was somewhat above one whole year and a half from and after the first Prorogation thereof, which was on Monday the 29th day of March (Anno 27 Reginæ ejusdem Anno Domini 1585.) by which it is probable that her Majesty had intended at first to have made this and the Parliament that follows to have been but two Sessions, and not two several Parliaments as afterwards it sell out, and as they now remain. And it is the more strange that this resolution was at all altered, because the ensuing Parliament held in Anno 28 & 29 Reginæ Eliz. Anno Domini 1586. began within some forty five days after this last recited day, on which this aforesaid Parliament was Dissolved as is aforesaid.
And that which yet maketh this foresaid Dissolution of the above-mentioned Parliament on this 14th day of September, the more strange, is, because it had been last prorogued on the 26th day of April Anno 28 Reginæ Eliz. unto the 14th day of November following, which if it had held, would have fallen out full two Months after this day of the Dissolution thereof, and at least a Fortnight after the 29th day of October, on which the next and new Parliament began in the said twenty eighth year of her Majesties Reign. But to clear this, doubtfully there was no other cause or ground upon which her Majesty altered that her first resolution, but the blessed and strange discovery of that most horrible and merciless Conspiracy plotted between the Scottish Queen, Ballard, Babington and others, for the speedy Murthering of her Majesty and Extirpation of true Religion. The manner and Execution whereof having continued in agitation between them from July to September, in this said twenty eighth year of her Majesties Reign, upon the 20th day of the last mentioned Month, the two foresaid Conspirators and five more of their notablest Complices, were Executed in St Giles-Fields near London, having been Condemned upon Tuesday the 13th day of the said Month, which was the very day foregoing the said 14th day of the same Month on which the foresaid Parliament was Dissolved, as appears fully by the fore-recited Commission. After which also before the new Parliament began on Saturday the 29th day of October following, the Queen of Scots was tried at Fothringhay-Castle in Northamptonshire, and after Condemned in the Star-Chamber by the lawful Verdict of her Peers, the proceedings whereof lasted from the 11th day of the Month aforesaid, being Wednesday unto the 25th day of the same being Tuesday, which Sentence was affirmed and allowed by the Parliament following in Anno 28 Regin, Eliz.