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 Thursday the 2d day of March there was brought from the House of Commons one Bill, which being for explanation of the Law touching certain ambiguous questions and strifes of late risen about Fines and Recoveries levied before the Justices of the Common Pleas, where unto they are parties, was read the first time.
In the Journal-Book is no entrance or mention of any Amendments by the Committees thought fit to be added to both or either of the said Bills, nor of the delivery back of the said Bills or either of them by the Committees into the House, which seemeth to have been the Error of the Clerk by that which followeth on Thursday the ninth day of March, where it is plain that this was the first reading of these Amendments.
On Saturday the 4th day of March the Bill for the Explanation of the Law touching certain ambiguous questions and strifes of late risen about Fines and Recoveries levied before the Justices of the Common Pleas, whereunto they are parties, was read secundâ vice.
On Monday the 6th day of March the Bill for the Explanation of the Law touching certain ambiguous questions and strifes of late risen about Fines and Recoveries levied before the Justices of the Common Pleas, whereunto they are parties, was read the third time, & communi omnium Procerum assensu conclusa.
Nota, That in the Journal-Book there is no entrance or mention of the second reading of this Bill, which doubtless happened through the negligence of Mr. Anthony Mason at this time Clerk of the Upper House.
On Saturday the 11th day of March three Bills of no great moment were brought up to the Lords from the House of Commons; of which the first appointing the wideness of the Mask of Nets for taking Herrings and Smelts in Oxford Haven, and the Gull was read primâ vice.
The Bill to avoid fraudulent Assurances made in certain cases by Traitors was read tertiâ vice, quæ communi omnium Procerum assensu conclusa est, & tradit' Doctori Ford & servienti Gawdy in Domum Communem deferend'.
A Bill for the better and more speedy execution of certain branches of the Statute made in the 23d year of the Queens Majesties Reign, intituled, An Act to restrain the Queens Majesties Subjects in their due obedience, was read primâvice.
The House of Commons made request to the Lords to have Conference with some of their Lordships what number it should please their Lordships to appoint. Whereupon the Lords made choice of these following, viz. the Archbishop of Canterbury, the Archbishop of York, the Lord Steward, the Earl of Kent, the Earl of Worcester, the Earl of Rutland, the Earl of Hartford, the Earl of Leicester, the Bishop of London, the Bishop of Winchester, the Bishop of Salisbury, the Lord Hunsdon Lord Chamberlain, the Lord Morley, the Lord Cobham, the Lord Grey, the Lord Stafford, the Lord Stourton, the Lord Cromwell, the Lord North, the Lord Delaware and the Lord Norris.
After Conference had with the Committee of the Lower House, this present day the said Committee made Report unto the whole House, that the House of Commons made humble Suit unto their Lordships to have their Lordships to joyn with them in a Contribution or Benevolence for the Charges of the Low Countries Wars, which they of the House of Commons meant to offer unto her Majesty. How they meant to proceed therein was opened by the Archbishop of Canterbury. Upon which Report of the Committee the Lords thought good to defer their Answer until Monday next.
But it appeareth not by the Original JournalBook of the Upper House or of the House of Commons, that any such Answer was given by their Lordships upon the said Monday being the 13th day of this instant March ensuing. Vide die Mercurii die 15° Martii sequentis in fine diei.
On Monday the 13th day of March six Bills of no great moment had each of them one reading; of which the first being the Bill for one Subsidy granted by the Clergy was read tertiâ vice, and the Bill touching Oxford Haven was read secundâ & tertiâ vice.
On Tuesday the 14th day of March the Bill for confirmation of the Sale of Edward Fishers Lands made towards satisfaction of his Debts, Charges and Incumbrances, was brought from the House of Commons, and read primâ vice. Vide plus concerning this matter on the day following.
The Bill for Confirmation of the Attainder of Thomas late Lord Paget and others was read tertiâvice, & communi omnium Procerum, assensu conclusa & expedita, dissentiente Domino Darcy, who is sometimes called the Lord Darcy of Meinel.
Two Bills of no great moment had each of them one reading, being the last reading, and thereupon passed; of which the second being the Bill for the more speedy and due execution of certain branches of the Statute made in the 23d year of the Queens Majesties Reign, instituled, An Act to retain the Queens Majesties Subjects in their due obedience, was expedited communi omnium Procerum assensu, dissentiente solummodò Comite Rutland. Which two Bills aforesaid were sent down to the House of Commons by the Queens Attorney and Doctor Carew.
Two Bills were brought up to the Lords from the House of Commons, whereof the first being an Act of one Subsidy granted by the Clergy was returned expedited; and the other was the Bill for the payment of the Debts and Legacies of Sir Gerrard Croker Knight deceased and of John Croker Esq; his Son.
Two Bills were brought up to the Lords from the House of Commons, whereof the first being a Bill touching Errours in Records of Attainders of High Treason was read primâ vice & commissa; and the second being a Bill for repealing of a Statute made in the 23d year of the Queens Majesties Reign touching the bringing in Fish into this Realm, was read primâ vice & commissa.
The Bill for the confirmation of the Seal of Edward Fishers Lands made towards the satisfaction of his Debts, Charges and Incumbrances was read secundâ vice. Whereupon the Lords ordered that Edward Fisher now in the Fleet should be brought before them to morrow at nine of the Clock, and that the should bring his learned Counsel with him: And that the Parties who follow the said Bill, should have like warning to be there with their learned Counsel.
Nota, That this very Bill or some other to the same purpose had divers readings, and was often debated in the Parliament, both in the Upper House and in the House of Commons, but passed not. And there it seemeth, that the same or a new Bill to the like purpose was now again offered unto the House. Vide the first reading of it upon Tuesday immediately foregoing.
The Lords Committees made Report unto the whole House, that upon divers Conferences had with the Committees of the Lower House touching their Request made to the Lords to joyn with them in Petition to her Majesty about a Benevolence or Contribution, which they of the House of Commons thought good to offer unto her Majesty; the said Lords Committees thought it not fit, for divers reasons, to joyn with the House of Commons herein. Which reasons when the whole House had heard and considered, their Lordships did resolve that the House of Commons should be left to themselves, and their Lordships would take such order therein for themselves as to them should seem convenient. Vide plus concerning this matter on Saturday the 11th day of this instant March foregoing.
On Thursday the 16th day of March the Committees in the Bill for the repealing of a Statute made in the three and twentieth year of the Queens Majesties Reign touching the bringing in of Fish into this Realm, according to the Lords appointment delivered their opinions and reasons by the Lord Chief Baron touching the said Bill; which when the Lords had heard and considered, they ordered that the said Bill for the Repeal of the said Statute should be rejected.
This day was chosen a new Committee to resolve upon somewhat touching the Contribution, viz. the Archbishop of Canterbury, the Archbishop of York the Lord Steward, the Earl of Kent, the Earl of Worcester, the Earl of Rutland, the Earl of Hartford, and the Earl of Leicester; the Bishop of London, the Bishop of Winton, and the Bishop of Salop; the Lord Chamberlain, the Lord Morley, the Lord Cobham, the Lord Gray, the Lord Stafford, the Lord Stourton, the Lord Cromwell, the Lord North, the Lord Delaware and the Lord Norris.
The Lords Committees last named upon Conference had betwixt them in respect of the great Charges that her Majesty hath sustained heretofore, and that her Highness shall be enforced hereafter to be at for the defence of this Realm and other her Majesties Dominions, did resolve amongst themselves freely to give to her Majesty two shillings in the pound, after the rate of the valuation of the Subsidy of the Temporality granted in this present Session of Parliament, to be paid unto such persons and at such time as it shall please her Majesty to appoint. Which being after openly declared to the whole House, the Temporal Lords (in as much as the Lords Spiritual had made former offer of Contribution unto her Majesty) did all together with one consent most willingly ratifie the said resolution, both touching the Sum and the payment thereof; and ordered that this their free gift should be entred upon Record: And that such of the Lords of her Majesties Privy Council as were there present, should signifie the same to her Highness in all their Names.
On Saturday the 18th day of March the Bill for the confirmation of the Sale of Edward Fishers Lands made towards the satisfaction of his Debts, Charges and Incumbrances, with certain amendments in a Schedule added unto the said Bill, was read tertiâ vice & communi omnium Procerum assensu conclusa, & tradita Doctori Barkely & Doctori Carew in Domum Communem deferend'. Vide concerning this matter on Tuesday the 14th day, and on Wednesday the 15th day of this instant March foregoing.
Two Bills were brought up to the Lords from the House of Commons; of which the first being a Bill touching Exemplifications and Constants of Original Conveyances made to the Queens Majesty, was read primâ vice.
On Monday the 20th day of March two Bills of no great moment had each of them one reading; whereof the second being a Bill for the limitation of time touching Writs of Errour upon Fines and Recoveries, was read secundâ vice.
Six Bills of no great moment were this day, lastly, brought up to the Lords from the House of Commons; of which the first being for the Sale of Edward Fishers Lands was returned expedited; and the second was a Bill for the more speedy and due Execution of certain branches of the Statute made in the twenty third year of the Queens Majesties Reign, intituled, An Act to retain the Queens Majesties Subjects in their due obedience, with an amendment, and a provision annexed, quæ communi omnium Procerum assensu conclusa & expedit'; and the third being the Bill for continuance of Statutes was read primâ vice.
On Tuesday the 21th day of March primâ, secundâ & tertiâ vice lect' sunt the Amendments of the Bill to avoid fraudulent Assurances made in certain cases by Traitors, quæ communi omnium Procerum assensu conclusa, & tradit' servienti Gawdy & Doctori Carew in Domum Communem deferend'.
Two Bills also of no great moment had each of them one reading; of which the first being a Bill for limitation of time touching Writs of Errours upon Fines and Recoveries, was read tertiâ vice, & communi omnium Procerum assensu rejecta est.
On Wednesday the 22th day of March the Bill for the continuance and perfecting of divers Statutes was read secundâ & tertiâ vice, and sent to the House of Commons by Serjeant Gawdy and Doctor Carew, being first passed by the Lords with an Amendment.
The first reading of this Bill appeareth not in the Original Journal-Book of the Upper House; and by that which followeth on Thursday the 23d day of this instant March following, it is plain that the Entrance of the several readings of this Bill with the Amendments thereof, is much mistaken and confounded through the great negligence of Mr Anthony Mason, at this time Clerk of the Upper House.
The Lords having before passed a Bill to the same effect, and sent it down to the House of Commons, and they having rejected it without any Conference first desired and had with their Lordships; therefore the Lords thought it a Precedent so strange and so far different from the Orders of this House, that they of the House of Commons should reject a Bill sent from this House without Conference, and frame a new Bill to the same effect and send it up, that they did resolve to put it to the Question, Whether this new Bill should by the Orders of this House be read here or not. The whole House being particularly asked their opinions herein with one assent, concluded (not one gainsaying) that it should not be read.
On Thursday the 23d day of March the Bill for the continuance and perfecting of divers Statutes was read secundâ & tertiâ vice, & communi omnium Procerum assensu conclusa, with the Amendments. Vide concerning this matter in the beginning of the day immediately foregoing being Wednesday; for it should seem that the Bill it self was then read primâ & secundâ vice, and the Amendments only at this time, although they be both set down very confusedly through the negligence of the Clerk of the Upper House.
The Bill for the Queens Majesties most gracious, general and free Pardon communi omnium Procerum assensu conclusa, & tradit' servienti Gawdy & Doctori Carew in Domum Communem deferend'. Which said Bill was brought back again this morning from the said House of Commons unto the Lords, with another Bill which was for the continuance and perfecting of divers Statutes.
There is no other or further business of this day set down in the Original Journal-Book of the Upper House, save only her Majesties Royal Assent given to divers Bills which had passed both Houses, although she her self was absent, which was done by her Majesties Letters Patents under the Great Seal. Which because of the rarity of the Precedent, are here verbatim transcribed, together with the manner and solemnity of this days meeting, out of the said Original JournalBook in manner and form following, viz. Hodie quum omnes Proceres Robis Parliament aribus induti in suo quisq; loco sederent, & Prolocutor de Domo Communi unà cum omnibus qui ad hoc præsens Parliamentum summoniti fuerant, & Militibus, Civibus & Burgensibus accersitis præssò esset Edmundus Anderson Miles, Capitalis Justiciarius de placito communi, quia Cancellarius nondum convaluit, exponit omnibus Regiam Majestatem magnis & urgentissimis quibusdam negotiis adeò esse impeditam, ut non queat impræsentiar' commodè interesse : Tamen, inquit, sua Majestas imperavit mihi, ut suo nomine vobis hˆ præsentibus declarem, quibus Legibus seu Statutis à vobis in hoc præsenti Parliamento pro vestra parte stabilitis velit Regium assensum suum adhibere, sine quo Legum vigorem obtinere non debent, sicuti vos probè nôstis. Et hiis dictis protendit Clerico Parliamentor' quasdam Literas sub magno Sigillo Angliæ Patentes, quas ipse publicè legit. Literæ autem scriptæ fuerunt in hæc verba.
Elizabeth by the Grace of God Queen of England, France and Ireland, Defender of the Faith, &c. To our right Trusty and right well-beloved the Lords Spiritual and Temporal, and to our Trusty and well-beloved the Knights, Citizens and Burgesses, the Commons in this present Parliament Assembled, Greeting. We have seen and perfectly understand divers and sundry Acts and Ordinances annexed and affiled to these Presents, agreed and accorded by our loving Subjects the Lords Spiritual and Temporal and the Commons in this our present Parliament assembled, and severally indorsed by you as hath been accustomed; The Titles and names of which Acts hereafter do particularly ensue (that is to say) an Act for the Confirmation of the Attainders of Thomas late Lord Pagett and others; An Act concerning Errors in Records of Attainders of High-Treason; An Act to avoid frandulent Assurances made in certain Cases by Traitors; An Act to prevent Extortion in Sheriffs, Under-Sheriffs and Bailiffs of Franchises or Liberties in Cases of Execution; An Act for the Continuance and perfecting of divers Statutes; An Act for the more speedy and due Execution of certain Branches of the Statute made in the 23d year of the Queens Majesties Raign intituled An Act to retain the Queens Majesties Subjects in their due obedience; An Act for the Confirmation of the Sale of Edward Fishers Lands made towards satisfaction of his Debts, Charges and Incumbrances; An Act of one Subsidy granted by the Clergy; An Act for the Grant of one entire Subsidy and two Fifteenths and Tenths granted by the Temporalty; An Act for the Queens Majesties most gratious, general and free Pardon: And albeit the said several Acts and Ordinances by you our said Subjects the Lords and Commons in this our present Parliament Assembled be fully agreed and consented unto, and seem very necessary and profitable for the Commonwealth, which nevertheless be not of any force or effect in the Law without our Royal Assent given and put to the same Acts and Ordinances and every of them; And forasmuch as for divers great and urgent Causes and Considerations, We cannot conveniently as this present be personally in our Royal Person in our Higher House of Parliament, being the place accustomed to give our Royal Assent unto such Acts and Ordinances as have been agreed upon by our said Subjects the Lords and Commons; We have therefore caused these our Letters Patents to have been made, and have signed and caused the same to be Sealed accordingly, And by the same do declare and notify as well to you the Lords Spiritual and Temporal and the Commons aforesaid, as to all and singular other our loving Subjects, That we by these Presents do give & put our Royal Assent to all and singular the said Acts and Ordinances, and to all Articles, Clauses and Provisions in them contained, and be fully agreed and consented to all and every the said Acts, willing that the said Acts and every Article, Clause, sentence and provision in them contained, from henceforth shall be of the same strength, force and effect as if we had been personally present in the said Higher House, and had openly and publickly in the presence of you all assented to the same; Commanding also by these Presents as well our Chancellor of England to seal these our Letters Patents with our great Seal, as our Trusty and well-beloved Sir Edmund Anderson Knight our Chief Justice of our Common Pleas, to declare and notify this our Royal Assent in our absence in the said Higher House in the presence of you the said Lords Spiritual and Temporal and the Commons of our Parliament there to be assembled for that purpose, and the Clerk of our Parliament to Indorse the said Acts with such Terms and Words in our Name as is requisite and hath been accustomed for the same; And also to Inrol these our Letters in the said Parliament Roll; and these our Letters Patents shall be to every of them sufficient Warrant in that behalf: And finally declare and will that after this our Royal Assent given and passed by these Presents, and declared and notified as is aforesaid, That then immediately the said Acts and every of them shall be taken, accepted and admitted good, sufficient and perfect Laws, to all intents, Constructions and purposes, and to be put in due Execution accordingly, the Continuance or Dissolution of this our Parliament, or any other Use, Custom, thing or things to the contrary thereof notwithstanding.
Nota, That the Clerk of the Parliament having read the said Letters Patents before set down, Sir Edmund Anderson Knight Lord Chief Justice of the Commons Pleas (still supplying the place of Sir Thomas Bromley Knight Lord Chancellor) delivered other Letters Patents unto the said Clerk openly to be read, whereby eight several Commissioners were nominated and authorized to dissolve the Parliament, viz. The Archbishop of Canterbury, the Archbishop of York, the Earl of Shrewsbury Earl Marshal of England, the Earl of Darby Lord Steward, the Earl of Kent, the Earl of Leicester Master of her Majesties Horse, the Lord Howard Lord Admiral of England, Lord Hunsdon Lord Chamberlain, and the Lord Cobham Lord Warden of the CinquePorts. For doubtless unless a new Commission had come forth by which these before-named Honourable Personages had been de novo nominated to this purpose, the three Commissioners at first appointed in the beginning of this Parliament (which see at large upon Saturday the 29th day of October foregoing) might without any other new authority though not have Dissolved the Parliament, yet have Prorogued it to a further day, as they had formerly Adjourned it upon Friday the second day of December foregoing unto Wednesday the 15th day of February next ensuing, which was for ten weeks space at the least: but that former Authority being now at an end by these new Letters Patents, the manner of their delivery, the removal of the new Commissioners in them nominated, and the Commission lastly it self are thus verbatim set down in the Original Journal-Book of the Upper House.
Postquam verò Clericus Parliament. has Literas palàm perlegisset, Edmundus Anderson Miles alias etiam Literas Patentes eidem Clerico Parliamenti publicè legendas tradidit: at que hîc, not andum est omnes Dominos Commissionarios in Literis patentibus nominatos locis suis relictis in medio banco consedisse dum dictæ Literæ legerentur: Earum autem tenor hic sequitur.
Elizabetha Dei gratiâ Angliæ, Franciæ & Hiberniæ Regina, sidei Defensor, &c. Reverendissimo in Christo Patri ac Consiliario suo Johanni Cantuarien' Archiepiscopo, totius Angliæ Primati & Metropolitano, ac Reverendissimo in Christo Patri Edwino Archiepiscopo Eboracen. Angliæ Primati & Metropolitano; ac etiam charissimis Consanguineis & Consiliariis suis Georgio Comiti Salop Comiti Marescallo; Angliæ, Henrico Comiti Darbiæ magno Seneschallo; necnon charissimo Consanguineo & Consiliario suo Henrico Comiti Kantiæ, ac charissimo Consanguineo & Consiliario suo Roberto Comiti Leicestr. Magistro Equorum suorum; ac etiam prædilectis & fidelibus Consiliariis suis Carolo Domino Howard magno Admirallo suo Angliæ, Henrico Domino de Hunsdon Domino Carmerario suo, & Willielmo Domino Cohham Domino Gardiano quinq; Portuum suorum, Salutem. Cùm nuper pro quibusdam arduis & urgentibus negotiis, nos, statum & desensionem Regni nostri Angliæ ac Ecclesiæ Anglicanæ concern' præsens hoc Parliamentum nostrum apud Civitatem nostram Westmonasterii decimo quinto die Octobris ultimo præterito inchoari & teneri ordinaverimus, in & à quo die idem Parliamentum nostrum usq; ad & in vicesimum septimum ejusdem mensis Octobris prorogat' fuerat, eodémq; die idem Parliamentum nostrum usq; ad & in vicesimum nonum diem dicti mensis Octobris prorogat' fuerat, ac ibid' tunc tent' & continuat' fuerat usq; ad & in secundum diem Decembris tunc proximum sequentem; Eodémq; die idem Parliamentum nostrum usq; ad & in decimum quintum diem Februarii tunc prox' sequent' adjournat' fuit; Eodémq; die idem Parliamentum nostrum tunc & ibidem tent' & continuat' fuer at usq; ad & in vicesimum tertium diem instantis mensis Martii: Sciatis tamen certis urgentibus causis & considerationibus nos specialiter moven' idem Parliamentum nostrum hoc instante vicesimo tertio die Martii duximus dissolvend'. De fidelitate igitur, prudentiâ & circumspectione vestris plurimùm confident' de avisamento & assensu Concilii nostri assignavimus vos & aliquos tres vel plures vestrum Commissionarios nostros, dantes vobis & aliquibus tribus vel pluribus vestrum, tenore præsentium, plenam potestatem, facultatem & authoritatem hoc instante vicesimo tertio die Martii ad dictum Parliamentum nostrum Nomine nostro plenar' dissolvend'. Et ideo vobis Mandamus quòd vos, aliqui tres vel plures vestrum idem Parliamentum nostrum eodem instante vicesimo tertio die Martii virtute harum Literarum Patentium Nomine nostro plenè dissolvatis & determinetis. Et ideo vobis Mandamus quòd circa præmissa diligenter intendatis, ac ea in forma prædicta effectualiter expleatis & exequamini. Damus autem universis & singulis Archiepiscopis, Marchionibus, Comitibus, Vicecomitibus, Episcopis, Baronibus, Militibus, Civibus & Burgensibus, ac omnibus aliis quorum interest ad dictum Parliamentum nostrum conventur' tenore præsentium firmiter in mandatis, quòd vobis in præmissis pareant, obediant & intendant in omnibus prout decet. In cujus rei testimonium has Literas nostras fieri fecimus Patentes. Teste meipsa apud Westmonasterium vicesimo tertio die Martii Anno Regni nostri vicesimo nono.
It should seem that the reading of these Commissions and the Dissolution of this Parliament were all of them finished this Thursday the 23th day of this instant March in the Forenoon, for else there must have been some other continuance of it by the Lord Chief Justice of the Common Pleas supplying the place of the Lord Chancellor upon the rising of the Lords to dinner unto some hour in the Afternoon; which may very well be, in respect that although the Queens Majesty came usually in Person to give her Royal Assent in the Afternoon, yet that being now performed after an unusual and extraordinary manner by her Majesties Letters Patents, or a Commission under the Great Seal, the time was also altered: So that though this Parliament were not long in continuance (for both the meetings thereof put together make but ten weeks at the most) yet it had many weighty matters debated in it, and this Journal of the Upper House is richly stored with rarer Precedents than any other of all the Queens time.
Finally, Her Majesties loving Subjects considering the great Charges she sustained by the maintenance of the Low Countries Wars, and withal in a manner foreseeing the stupendious preparations of Spain (at this time most intentive in providing and furnishing of that mighty Armado stiled afterwards Invincible) did not only grant unto her Majesty one entire Subsidy and two Fifteenths and Tenths (as the Clergy had also granted unto her one other Subsidy) but did likewise consult in either House severally (for the Lords refused to joyn with the House of Commons therein) concerning a Contribution to be bestowed upon her Majesty in like sort also towards the further and better support of those foresaid continual and chargeable Wars of the Netherlands.