Journal of the House of Lords
April 1559

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History of Parliament Trust

Publication

Author

Sir Simonds d'Ewes

Year published

1682

Pages

26-30

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'Journal of the House of Lords: April 1559', The Journals of all the Parliaments during the reign of Queen Elizabeth (1682), pp. 26-30. URL: http://www.british-history.ac.uk/report.aspx?compid=43657 Date accessed: 18 April 2014. Add to my bookshelf


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Contents

April 1559

The Parliament continued and nothing done, till Tuesday the 4. day of April, and then the Bill (that the Queens Majesty, upon the avoidance of any Arch-Bishoprick, or Bishoprick, may exchange the temporal possessions thereof with Parsonages impropriate, &c.) was read the first time.

And then the Parliament continued till the next day at nine of the Clock, on which day were several Proxies, both ordinary and extraordinary, entred.

On Wednesday the 5. day of April, the Bill for Leases to be made by spiritual persons was committed to the Duke of Norfolk, the Earl of Rutland, the Bishop of Carlisle, the Lord Rich, the Lord North, the Lord Hastings de Loughborrow, and the Abbot of Westminster.

Nota, that this Bill had its second reading on Thursday, the 23. of March foregoing, and was not committed until this day, of which there want not other Presidents during her Majesties Reign; as on Monday the 13. day of February foregoing, and on Thursday the 6. day of this Instant April ensuing.

The Bill whereby the Queens Majesty, upon avoidance of any Arch-Bishoprick or Bishoprick, may resume the temporal possessions thereof into her hands, recompensing the value thereof with Parsonages impropriate, &c. was read the second time.

And then the Parliament continued till Thursday the 6. day of April, on which day the Bill, whereby the Queens Majesty, upon the avoidance of any Archbishoprick, may resume the Temporalties thereof, recompencing the just value thereof with Parsonages impropriate, &c. was Order'd to be ingrossed.

Nota, This Bill was read the second time yesterday, and was not Ordered to be ingrossed until this day; of which nature there want not other Presidents during her Majesties Reign, where a Bill being read, Secunda vice, on one day, was referr'd to Committees on another ensuing; prout vide, on April the 5. immediately foregoing: But at this day, it is the constant rule and observation of the Upper House, that no Bill be either Ordered to be ingrossed, or referr'd to Committees, but upon that very day on which it is read.

And then the Parliament continued till next day at nine of the Clock. The Bill giving Authority to the Queens Highness, upon the avoidance of any Arch-Bishoprick of Bishoprick, to take into her hands the temporal possessions thereof, recompensing the same with Parsonages impropriate, was read tertia vice, & conclusa, dissentientibus Archiepiscopo Ehoracen. Episcopis Londin. Wigorn. Coven. Exon. Cestren. Carleol. & Abbat. de Westm. And it was delivered to the Queens Sollicitor and Mr. Vaughan, to be carried to the House of Commons.

And then the Parliament by several continuances continued, and nothing done till Friday the 14. day of April, on which day four Bills were brought up to the Lords from the House of Commons; of which the first, being the Bill against the deceitful using of Linnen; the second that Craftsmen in Kent and Sussex shall inhabit in Towns near the Sea-Coasts; and the third, being to revive the Act of Parliament made Anno 5 Ed. 6. for keeping of Holydays and Fasting-days, were each of them read prima vice. And the fourth and last, was the Bill for restoring to the Crown the Ancient Jurisdiction over the State Ecclesiastical and Spiritual, and abolishing all Foreign Power repugnant to the same; vid. touching this Bill on Saturday the 29. day of this Instant April ensuing.

And then the Parliament continued till next day at nine of the Clock. And the Bill against deceitful using of Linnen-Cloth, The Bill that Craftsmen in Kent and Sussex shall inhabit near the Sea Coasts, And the Bill to revive the Act of Parliament made An. 5 Ed. 6. for keeping of Holydays and Fasting-days, were each of them read Secunda vice: but no mention is made that they were Ordered to be ingrossed, or referr'd to Committees, because they had been sent from the House of Commons on yesterday foregoing.

The Bill lastly restoring the Ancient Jurisdict:on over the State Ecclesiastical and Spiritual, to the Crown, and abolishing all Foreign Power repugnant to the same, was read prima vice; vide touching this Bill on Saturday the 29. day of this Instant April ensuing.

The Parliament continued till Monday the 17. of April: And then the Bill against the deceitful using of Linnen-Cloth, was read tertia vice, & conclusa, diffentiente Com. Arundel. And the Bill for the restitution in blood of Henry Howard and Katherine Wife unto the Lord Berkeley, & communi omnium Procerum assensu suit conclusa.

The Bill that Craftsmen in Kent and Sussex shall inhabit in Towns near the Sea-Coasts, was read tertia vice, & rejecta.

The Bill lastly, for restoring to the Crown the Ancient Jurisdiction over the State Ecclesiastical and Spiritual, and abolishing of Foreign Power repugnant to the same, was read secunda vice; & commissa Duci Norfolc. Comiti Arundel, Comiti Salop, Comiti Wigorn. Comiti Rutland, Comiti Sussex, Comiti Bedford, Vicecomiti Mountacute, Episcopo Londin. Episcopo Elien. Episcopo Carleol. & Domino Admirallo & Camerario, ac Domino Rich, Domino Hastings de Loughborrow, ac Domino St. John de Blestoe; vide concerning this Bill on Saturday, the 29. day of this instant April ensuing.

The Parliament be several continuances continued till Tuesday the 25. day of April at nine of the Clock in the Morning; and then nine Bills were brought up to the Lords from the House of Commons; of which the second was the Bill for Shipping in English Bottoms, and the third and fourth, touching Frizes, called Pagaments, and concerning the buying and felling of Horses within a certain time, were each of them read prima vice. The fifth was touching the Uniformity of Common-Prayer, and Service in the Church, and Administration of the Sacraments: The sixth was, touching Hexam and Hexamshire in the County of Northumberland. The seventh, to revive an Act made for killing of Rookes and Crowes. The eighth was to make good Leases, Grants of Offices, and Copyholds, made by Nicholas Ridley, late Bishop of London. And the ninth and last being for preservation of Spawn and Fry of Fish, was read the first time.

A Proviso to be annexed to the Bill for the Supremacy, was read prima & secunda vice, & commissa ad ingrossandum; vide touching the said Bill, and Proviso, on Saturday the 29. day of this Instant April ensuing.

The Bill for the restitution of Gregory Fynes, was read prima, Secunda & tertia vice, & communi omnium Procerum assensu conclusa; and it was then presently delivered to Sir Richard Read and the Clerk of the Crown, to be carried down to the House of Commons. Quod nota.

The Parliament continued till Wednesday the 26th Day of April. And then the Bill for Shipping in English Bottoms, and the Bill to make good Leases, Grants of Offices, and Copyhold Lands, made by Nicholas Ridley, late Bishop of London, were each of them read prima vice.

The Bill restoring to the Crown the Ancient Jurisdiction over the State Ecclesiastical and Spiritual, and abolishing all Foreign Power repugnant to the same, with a Proviso added thereunto by the Lords, were read tertia vice, & conclus. dissentientibus Archiepiscopo Eboracen. Vicecomite Mountague, Episcopo Londin. Episcopo Elien. Episcopo Wigorn. Episcopo Landaven. Episcopo Coven. Episcopo Oxon. Episcopo Cestren. Episcopo Carleolen. ac Abbate de Westminster, & commissæ Magistro Weston Servienti ad Legem, & Attornato Dominæ Reginæ ad Communes deferend.

Nota, That all these Bishops, except the Bishop of Ely, did oppose the passing of a former Bill, much to this effect and purpose, on Saturday the 18. day of March foregoing; although with as little success to hinder the passing of the Bill then, as now; and yet how little reason these Popish Bishops had, thus stifly and obstinately to resist the passing of this Bill, doth fully appear by my Animadversion, which I have caused to be entred at large, Quam vide in dicto 18. die Martii; vide also, how these two Bills hapned to pass both the Houses, to one and the same purpose, in another of my Animadversions, which I have caused to be inserted on Saturday the 29. day of this Instant April ensuing.

The Bill lastly for the Uniformity of Common Prayer, and Service in the Church, and Administration of the Sacraments, was read prima vice.

And then the Parliament continued till two of the Clock in the Afternoon of the same day; about which hour in the Afternoon, the Lord Keeper, and divers other Lords meeting, six Bills of no great moment, had each of them one reading, of which the second being the Bill for Shipping in English Bottoms, The third touching buying and felling of Horses, within a certain time, The fourth touching Frizes called Pagaments, And the last, to make Good Leases, Grants of Offices, and Copyhold Lands by Nicholas Ridley, late Bishop of London, were each of them read secunda vice; but no mention is made that they were either to be referr'd to Committees, or Ordered to be ingrossed, because they had been sent from the House of Commons on Tuesday, the 25. day of this instant April foregoing.

And then the Parliament continued till next day at nine of the Clock in the Morning, at which time the Bill for buying and felling of Horses within a certain time, and the Bill for Shipping in English Bottoms, were read tertia vice, & conclusæ.

The Bill touching Frizes called Pagaments, was read tertia vice, & rejecta.

The Bill lastly, touching the reviving of the Act for killing of Rooks and Crowns, and the Bill for the Uniformity of Common-Prayer, and Service in the Church, and the Administration of Sacraments, were each of them read the second time.

Three Bills were brought up to the Lords from the House of Commons, of which the first was, For the searching of Woollen-Cloth; The second, whereby the use and practice of Enchantments, Witchcraft and Sorcery is made Felony; And the last, being the Bill to continue the Act made against Rebellious Assemblies, was read the first time.

The Parliament continued till Friday the 28. day of April, at nine of the Clock. And then three Bills of no great moment, had each of them one reading, of which the third being the Bill to continue an Act against Rebellious Assemblies, was read the second time.

The Bill for the Uniformity of Common-Prayer, and Service in the Church, and the Administration of Sacraments was read tertia vice & conclusa, dissentientibus Archiepiscopo Eborac. Marchione Winton. Comite Salop. Vicecomite Mountague, Episcopis Londin. Elien. Wigorn. Landaven. Coven. Exon. Cestren. Carleol. ac Dominis Morley, Stafford, Dudley, Wharton, Rich and North, vide Apr. 29.

Two Bills were brought up to the Lords from the House of Commons, of which the first was the Bill for restoring to the Crown the Ancient Jurisdiction over the state Ecclesiastical and Spiritual, and abolishing all Foreign Power repugnant to the same, with a new Proviso added thereunto by the Commons; which see in principio diei sequentis. And the second of the said Bills was, limiting time for laying on Land Merchandizes from beyond the Seas, and touching Customs for sweet Wines.

The Parliament continued till Saturday the 29. day of April at nine of the Clock in the Forenoon; on which day a Proviso annexed by the Commons to the Bill, for restoring to the Crown the Ancient Jurisdiction over the State Ecclesiastical and Spiritual, and abolishing all Foreign Power repugnant to the same, was read tertia vice & conclusa; but it rather seemeth, that this Proviso had at this time three readings, and so passed; and 'tis very probable, that either the Bishops, having had so ill success in opposing this Bill on Wednesday the 26. of this Instant April foregoing, did now forbear to oppose the passing of the new Proviso added unto it, or else that the Clerk was mistaken in the entrance of it; for it seems here, by the Original Journal Book, that this Proviso passed nullo dissentiente.

Nota, That this Proviso here named, to have passed the House this day, was part of that Bill for the Supremacy, to which her Majesty gave her Royal Assent; And is the first Statute Printed inter Statuta an. 1. Regin. Eliz. And it is as true, that there was a former Bill touching the Supremacy, which the two Houses laboured long about, although it seemeth it came afterwards to nothing. And the Bill (to which this foregoing Proviso was annexed) was received in its stead: Yet because the mature deliberation and long debatement of the two Houses therein may appear, it will not be amiss to make some observation upon it; for the said former Bill having first past the House of Commons (as appears by the Original Journal Book thereof, fol. 193. b.) on Saturday the 25. day, was sent up to the Lords on Monday the 27. day of February foregoing; and had with them its first reading on Tuesday the 28. day of the same Month; And on Monday the 13. day of March, the said Lords having given it a second reading, did, notwithstanding that it had passed the House of Commons, refer it to divers Committees there named; who did, it seems, add divers Provisoes thereunto, containing the substance of a new Bill to be annexed to the old Bill, and which with it made but one Act or Statute, and had its first reading on Wednesday the 15. day, and its second reading on Thursday the 16. day of the same Month, and on Saturday the 18. day thereof. Also both the old Bill sent up from the House of Commons, and the Provisoes and Amendments annexed unto it, in nature of a new Bill, were tertia vice lect. and passed the Lords, notwithstanding the malitious opposition of divers Popish Bishops, although this Bill did, upon the matter, declare no more than the Antient Kings of this Realm had always aimed at; which said new Provisoes and Amendments, being in the nature of a new Bill, were the same day sent down to the House of Commons, with their old Bill; where the said Provisoes and Alterations, added by the Lords, had their first reading on Monday the 20. day, their second on Tuesday the 21. day, and their third on Wednesday the 22. day of the aforesaid March preceding; and the said old Bill, touching the Supremacy, with those new provisions and alterations annexed to it, and now passed also by the House of Commons, were the same Forenoon returned up again unto their Lordships, with a new Proviso added by the said Commons thereunto; which said new Proviso was then read also, prima, secunda, & tertia vice, and passed in the Upper House.

But whether the many new Additions and Alterations in this foregoing Bill, had made some confusion in it, or that the House of Commons disliked that their Bill formerly passed with them, had received so much reformation in the Upper House, or for what other cause I know not; most certain it is, that they had no desire the said former Bill should be made a perpetual Law by her Majesties Royal Assent; and thereupon, they framed a new Bill to the like purpose, (in which I suppose they included also the substance of all the Additions, Provisoes, and Amendments, which the Lords had annexed to their former Bill) which had its first reading in the House of Commons, (as appears by the Original Journal Book of the same House fol. 207. a.) on Monday the 19. day of this Instant April, being thus intituled (much differing from the title thereof here annexed, or after added, before the Printed Statute,) viz. The Bill to avoid the usurped power claimed by any Foreign Potentate in this Realm, and for the Oath to be taken by spiritual and temporal Officers. After which, it had its second reading on Wednesday the 12. day, and its third reading on Thursday the 13. day of the same Month, where also it is entred with this new title, viz. The Bill for restoring the spiritual Jurisdiction to the Imperial Crown of the Realm, and abolishing Foreign Power: And in the inner Margent of the said Journal Book, fol. 208. a. over against the beginning of the said title, is written Judicium Assent. which sheweth, that upon the said third reading, it passed the House; after which, on the next day following, being Friday, it was, with three other Bills, sent up to the Lords; And on Saturday the 15. day of the said April, it was read prima vice in the Upper House. And on Monday the 17. day thereof next ensuing, it was read there secunda vice, and thereupon committed to divers Peers, (as the former Bill in this great and important cause had been before referr'd to Committees on Monday the 13th day of March preceding) although it had been sent up from the Commons, and had passed their House in such manner and form as the present Bill had been passed by them. And as to that said former Bill, so to this also, (as it is easie to be gathered) did the Lords Committees make some addition, although but of one new Proviso, which was read prima & secunda vice, on Tuesday the 25th day of this Instant April; after which, both the Bill it self, and that new Proviso, had their third reading, and passed the Upper House on Wednesday the 26th day of the same Month; and the said Bill, with the said new Proviso, written in Parchment, were at the same time sent down to the House of Commons by Serjeant Weston, and the Queens Attorney, where the said new Proviso, added by the Lords, was passed, and the Bill returned again from them unto their Lordships on Friday the 28th day of this Instant April, with another new Proviso added by them, although, through the great negligence of ...... Seymour Esq;, now Clerk of the same House, there be no mention at all of the sending down of the said Proviso, passing it, or adding of the new Proviso, but only of the returning the same to the Lords Apr. 27. in the Original Journal Book of the same House. To which new Proviso also, it should seem, the Lords gave three readings this present day, and so passed it. And it is probable, that it happened only through the error of Francis Spilman Esq;, Clerk of the Upper House, that the said Proviso is set down to have been read only tertia vice, this Instant Saturday, the 29th day of April.

The Bill also limiting the times for laying on Land Merchandizes from beyond the Sea, and touching the Custom of Sweet Wines, and the Bill for the continuance of certain Statutes, were each of them read prima vice.

The Bill touching Hexham and Hexhamshire in the County of Northumberland; and the Bill, whereby the use or practice of Inchantments, Witchcrafts and Sorceries is made Felony, were each of them read Secunda vice.

Three Bills were brought up to the Lords from the House of Commons, of which the first Bill set down in the Original Journal Book to have been brought up as aforesaid, is thus intituled, viz. An Act for Uniformity of Common-Prayer and Service in the Church, and the Administration of the Sacraments, conclus. which doubtless was so entred, through the negligence of Francis Spilman Esq; at this time Clerk of the Upper House. For it is plain, that no such Bill was remaining at this time in the House of Commons, and that only two other Bills, the one to annex to the Crown certain Religious Houses, &c. and the other touching the Garbling of Feathers, &c. were sent up by Mr. Vicechamberlain, as is there set down, fol. 213. a. which two Bills are also set down in the Original Journal Book of the Upper House.

For this Bill touching the Unity of Service in the Church, &c. was passed in the House of Commons upon the third reading, on Thursday the 20th of this Instant April foregoing, as appears by the Original Journal Book of the same, fol. 210. a. and was from thence sent up to the Lords on Tuesday the 25th day, and was read prima vice on Wednesday the 26th, and secunda vice on Thursday the 27th of this foresaid April preceding, and lastly it had its third reading, and passed the House on Friday the 28th day of the same Month, although it were opposed by the Archbishop of York, the Marquess of Winchester, the Earl of Shrewsbury, Viscount Mountague, the Bishop of London, the Bishop of Ely, the Bishop of Worcester, the Bishop of Landaff, the Bishop of Coventry and Lichfield, the Bishop of Exeter, the Bishop of Chester, the Bishop of Carlile; the Lord Morley, the Lord Stafford, the Lord Dudly, the Lord Wharton, the Lord Rich, and the Lord North.

In which may there still be observed the obstinacy and boldness of the Popish Bishops, who opposed all things that tended but to the least reformation of Idolatry and Superstition, or abolishing the usurped authority of the Bishop of Rome (it seemeth that the Abbot of Westminster was now absent, because his negative voice, which was never wanting, is not here mentioned.) Of the temporal Lords, the most setled to Popery seem to have been the Viscount Mountague and Earl of Shrewsbury; but as for the Marquess of Winchester, and these other six Barons, they are seldom mentioned to have opposed, either the Act for restoring the Supremacy, or any other touching Ecclesiastical matters, except this only, concerning the Book of Common-Prayer; the reformation of which, being so little differing from the old form (as that it hath given, and yet doth give occasion of offence and stumbling to many weak ones amongst us) it is the more to be marvelled at, that so many should oppose it: and the rather also, because most of the Papists of England did come to our Church, and heard Divine Service ordinarily, till the eleventh Year of the Queen, when the Bull of Pope Pius Quintus enforced not only their wilful and obstinate separation, but drew on and necessitated many of those Laws which were afterwards made against them, an. 13. an. 23. & an. 27 Reg. Eliz.

The Bill lastly, to continue the Act last made against Rebellious Assemblies, was read tertia vice & conclusa, and delivered to Mr Vaughan, and the Clerk of the Crown, to be carried to the House of Commons.