THE JOURNAL OF THE House of COMMONS.
A Journal of the Passages of the House of Commons in the Session of
Parliament bolden at Westminster, An. 14 Reginæ Eliz. A. D.
1572, which began there on Thursday the 8th Day of May, and
then and there continued until the Adjournment thereof on Monday
the 30th and last Day of June next ensuing.
THIS Journal of the House of Commons containeth in it not only
many good passages touching the
ordinary reading, committing and
expediting of Bills, but is plentifully stored also with the frequent agitation and
discussion of that great business touching the
Scottish Queen, whose practices not only with
Thomas Howard Duke of Norfolk, but also with
the Foreign Enemies of her Majesty for the destruction and Invasion of the Realm are notably
described; which also is much enlarged out of
a written Copy I had by me of such reasons as
were conceived in the House of Commons for
her speedy Execution, and of the Petition also
preferred to her Majesty to the same purpose:
which said Reasons and Petition being not found
in the Original Journal-Book of the House of
Commons, I have therefore, to avoid confusion,
distinguished by an Annotation or Animadversion from that of the Journal it self, where it
hath in its due place been inserted. There passed
also in this said Session a Bill against the said
Queen of Scots, which is falsly referred in divers Copies thereof to the 23th year of her Majesty.
On Thursday the 8th day of May, this first session of the fourth Parliament of her Majesties
Reign beginning at Westminster, The Right Honourable the Earl of Lincoln, High Admiral of
England, and by her Highness appointed Lord
Steward for this present time, came to the Lower
House of Parliament accompanied with divers
others of her Majesties most Honourable PrivyCouncil, viz. Sir Francis Knolles Knight, Treasurer of her Highness most Honourable Houshold,
Sir James Crofts Knight, Comptroller of the same,
Sir Ralph Sadler Knight, Chancellor of her Majesties Dutchy of Lancaster, and Sir Walter Mildmay Knight, Chancellor of her Highness Court
of Exchequer: And did then and there minister
the Oath unto all the Knights, Citizens, Burgesses
and Barons then and there Assembled; The said
Earl of Lincoln Constituting and Authorizing the
said Sir Francis Knolles, Sir James Crofts, Sir
Ralph Sadler and Sir Walter Mildmay to be his
Deputies in and for the more speedy ministration of the said Oath, according to the Statute
in that behalf lately made and provided, unto
all such others of the said Knights, Citizens, Burgesses and Barons as should happen afterwards to
appear upon any return during this present Parliament.
This day Robert Bell of the Middle-Temple
London Esq; was Chosen Speaker for this present
Parliament. But whether her Majesty were this
day in Person in the Upper House, or by what
Authority from her said Highness the said Speaker
was Elected, cannot possibly be gathered out of
the Original Journal of the said Upper House,
or that of the House of Commons, but elsewhere
it appears the Lord Keeper gave them Authority
in the end of his Speech on Thursday foregoing.
On Saturday the 10th day of May, Mr Speaker
was by the House presented to the Queens Majesty, and of her Highness well accepted and allowed; who after his Oration made and the Ordinary Petitions granted, repaired to the House of
Commons; and being set in the Chair received
the Oath. After which according, to the usual
form was read,
The Bill concerning Bayles to be taken in the
Court of Common-Pleas, was read the first
On Monday the 12th day of May, Four Bills
of no great moment had each of them their first
reading; of which the third being the Bill for
Proclamations to be made in Parish Churches and
Chappels before Outlawries, was committed unto Mr Gent, Mr Robert Snagg, Mr Fenner, Mr
Humberston, Mr Flowerdue, Mr French and Mr
Boyes: who were appointed to meet this Afternoon at two of the Clock in the Temple
The Lords did send Sir Richard Read and Mr
Dr Huick, to require Mr Speaker and this whole
House forthwith to make their repair unto their
Lordships in the Upper House; and upon their
repair thither the Lord Keeper signified unto
them, that the Queens Majesties Pleasure is, that
twenty one of the said Upper House and forty
four of this House should meet to Morrow in
the Morning at eight of the Clock in the StarChamber, then and there to consult and deliberate upon matters concerning the Queen of
Scots. Whereunto were appointed of this
Mr Chancellor of the Dutchy.
Mr Chancellor of the Exchequer.
My Lord Deputy of Ireland.
Sir Maurice Berkeley.
Sir Hugh Pawlet.
Sir Thomas Scott.
Sir Owen Hopton.
Sir Nicholas Arnold.
Sir John Thinne.
Sir Hen. Gate.
Sir Rowland Hayward.
Mr Doctor Wilson.
Mr Attorney of the Dutchy.
Mr Recorder of London.
Mr Serjeant Manwood.
Mr Serjeant Geffry.
Mr Charles Howard.
Mr Hen. Knolles Sen.
Mr Hen. Knolles Jun.
Mr Peter Wentworth.
Mr William Moor.
Mr John Vaughan.
Mr Tho. Randall.
Mr John Vaughan of Caermarthen.
Mr Greenfield Sen.
Mr Charles Somerset.
Mr Hen. Killegrew.
Mr William Gerrard.
Mr Dalton and
Vide concerning this matter on Thursday the
26th day of June following.
On Tuesday the 13th day of May, the Bill for
the Almeshouse of Plymouth in the County of
Devon. was read the second time, and committed unto Mr Edward Stanhope and Mr Robert
Snagg, and by them in certain points amended
and returned again.
Five Bills also of no great moment had each
of them their first reading; of which the first
was against fraudulent Conveyances and secret
Estates of Lands; and the second for Christs
On Wednesday the 14th day of May, Two Bills
of no great moment had each of them one reading; of which the second being the Bill that
Tenants and Defendants in Actions may pray a
Tales de circumstantibus as well as Plaintiffs and
Defendants, was read the first time and delivered to Mr Fleetwood to be augmented for the
The Bill lastly for Explanation of a Statute
made, that the Lands and Goods of Tellors and
Receivors should be liable to the payment of
their Debts, was read the second time, and committed unto Sir Walter Mildmay, Mr Wilbraham,
Mr Fanshawe, Mr Norton, Mr Sampoole and Mr
Robert Snagg: who were appointed to meet at
three of the Clock at Sir Walter Mildmay's
On Thursday the 15th day of May, Mr Attorney General and Mr Sollicitor, were sent from
the Lords to require Mr Speaker that a convenient number of this House should attend upon
their Honours in the Council-Chamber for Conference; and signified that they had good liking
of the first Committees for that purpose on Monday last. Whereunto the House being moved by
Mr Speaker fully assented.
And upon the repair of the said Committees
to the Lords and their return to this House again,
it was declared by Mr Treasurer, that the said
Lords had appointed to meet in the Afternoon
at two of the Clock in the Star-Chamber, willing
them to attend them there for further direction,
and a Plot to be devised for their manner of
proceeding in the matter concerning the Queen
of Scots. Vide de ista materia on Thursday the
26th day of June ensuing.
The Bill for the due Execution of the Statute
for Weights and Measures, and reformation of
the abuses of the Clerk of the Market, was read
the first time.
On Friday the 16th day of May, A Motion
being made whether it were convenient that this
House and the Lords should join in Petition to
move the Queens Majesty for the Execution of
the Duke of Norfolk (who was afterwards Beheaded on the Tower-Hill on the 10th day of June
following) or that the common opinion of this
House touching necessary Execution to be done
upon him were meet to be signified unto her
Highness, as their general Resolution. And upon the Question all the House thought that the
general resolution was meetest to be signified unto her Majesty, but not by way of Petition or
direction of this House.
Two Bills also of no great moment had each
of them one reading; of which the second being the Bill against fraudulent Conveyances and
secret Estates of Lands, was read the second time
and committed unto Sir Hen. Gates, Sir Nichol.
Arnold, Mr Recorder, Mr Mounson, Mr Fenner,
Mr Edward Stanhoppe, Mr Snagg, who were appointed to meet in Lincolns-Inn-Hall this Afternoon at two of the Clock, and to return the Bill
On Saturday the 17th day of May, Five Bills
of no great moment had each of them their first
reading; of which the last being the Bill that
Patrons shall not lose their Presentations by lapse
without notice when the Incumbents take another Benefice, was read the first time.
Upon sundry Motions made by divers of this
House, it was Ordered, that Arthur Hall Esq;
for sundry lewd Speeches used as well in this
House as also abroad elsewhere, shall have warning by the Serjeant to be here upon Monday
next, and at the Bar to answer to such things as
he shall then and there be charged with.
And it was further Ordered, that all such persons as have noted this words in writing, either
in this House or abroad, do forthwith assemble
in the Chamber above, and put the same words
in writing, and afterwards deliver them to Mr
Speaker, to the end he may charge the said Hall
on Monday next. On which said day see more
concerning this matter.
On Monday the 19th day of May, Four Bills
of no great moment had each of them one reading; of which the last being a Bill for the Repeal
of a former Statute made for the Town of Shrewsbury, was read the second time, and Ordered to
The Bill for Explanation of 32 H. 8. for Recoveries, was read the second time, and committed unto the Master of the Wardrobe, Sir Nicholas Arnold, Mr Attorney of the Court of
Wards, Mr French, Mr Bowreman, and Mr
Wednesday next was appointed unto Lodwicke
Grevill Esq; to make his appearance in this Court
at the same hour he should have appeared this
The Bill concerning Presentations by Law was
read the second time and Ordered to be considered of by Mr Tho. Browne, Mr Doctor Yale,
Mr Wolley, Mr French, Mr Baber, Mr Jeoffrey,
Mr Gates and Mr Bowreman: who were appointed to meet this Afternoon in the Middle Temple
Mr Doctor Lewes and Mr Doctor Vaughan,
brought from the Lords a Bill touching Vagabonds, and for relief of the Poor.
The Bill concerning Rites and Ceremonies was
read the second time, and Ordered to be ingrossed.
Mr Doctor Yale and Mr Doctor Huick brought
from the Lords a Bill against the Forging of Foreign Coin not currant within this Realm.
Four Bills also of no great moment had each
of them one reading; of which the second being the Bill against the deceits of Under-Collectors of the Tenths and Subsidies of the Clergy,
was read the second time and Ordered to be ingrossed.
Mr Attorney of the Court of Wards in the
name of all the Committees in the great cause
(whole names see on Monday the 12th day of
this instant May foregoing) made report unto
the House of their Conference therein had with
the Lords; which being done, after sundry
Speeches it was upon the Question resolved by
the House, for the better safety and preservation
of the Queens Majesties Person, and the present
State, to make choice of proceeding against the
Scottish Queen in the highest degree of Treason, and therein to touch her as well in Life as
in Title and Dignity, and that of necessity with
all possible speed by the whole Voice of the
But upon what occasions or motives the House
grounded this their advice and resolution, doth
not appear in the Original Journal-Book of the
same: But most probable it is, that they were
the same which remain in written Copies in many
hands, though falsly attributed to have been presented unto her Majesty in the Thirteenth Year
of her Reign: whereas it appears plainly by both
the Original Journal-Books of the Upper House
and House of Commons, and by all other Monuments of the Parliament de an. 13 Regin. Eliz.
that there was not so much as any mention made
of the Queen of Scots or her dangerous practices, which were so much and so often agitated
in this present Session de an. 14. And therefore
it being so plain that they were tendered unto her
Majesty in this said present Session, and being
also most likely that they were at this time framed
in the House of Commons, and were the cause
of this dayes above-recited Resolution, although
it doth not certainly appear that they ought to
be referred to this very place; yet I thought
good to have them inferted here in manner and
form following. Which said reasons (as is very
probable) were presented unto her Majesty the
28th day of May ensuing.
Reasons to prove the Queens Majesty bound in Conscience to proceed with Severity in this Case of the
late Queen of Scots.
THE Word of God which is the only Director of Consciences, and a certain Rule
for all Estates and Offices, doth often and most
earnestly teach, that Godly Princes or Magistrates
not only in Conscience safely may, but also in
Duty towards God ought severely and uprightly
to administer Justice.
For this is one of the Principal Causes for the
which the Providence and Wisdom of God hath
ordained Magistrates in Common-Wealths, that
they might by Justice and punishment according to the greatness of the offences repress the
wickedness of Mankind, whereunto by corruption of nature they are inclined.
The Magistrate (as St Paul faith, Rom. 13.) is
the Minister of God and the Revenger of wrath
towards him that hath done evil, &c. And St Peter,
1 Pet. 2. Be subject to the King as to the Chief, or
to the Under-Rulers as sent of him ad vindictam
nocentium, to the punishment or revengement of
Offendors, and to the praise of them that do
If the Magistrate doth not this, God threatneth heavy punishment. When you were (faith
Wisdome to Princes, Sap. 6.) the Ministers of his
Kingdom, you have not Executed Judgment rightly, nor kept the Law, nor walked according to his
Will. Horrible therefore and right soon shall be
appear unto you: for an hard Judgment shall they
have that bear rule. Potentes potenter tormenta
Now then if the Magistrate be the Minister of
God, in his name and authority to punish the
wicked according to the Measure of their offences, and are threatned grievous punishment if
they do not; and on the other Party, the late
Scottish Queen hath offended in two highest degrees both concerning Gods Religion and the
disinheriting and destruction of our Prince: we
see not but her Majesty must needs offend in
Conscience before God, if she do not punish her
according to the measure of her offence in the
Small punishment for great offences in respect
of any person is partiality and slack Justice, which
God above all things in Judgment forbiddeth.
Consider not (faith God) the person of the poor,
nor honour the Countenance of the rich, Levit. 19.
It is not good (faith Solomon, Prov. 18.) to
consider the person of the wicked thereby to decline
from the truth of Judgment.
And Jesus Sirach, Make no labour to be a Judge,
except thou have that stoutness that thou mightily
mayest put down wickedness: for if thou stand in
awe of the mighty, thou canst not but fail in giving
Sentence. Ecclus. 7.
Wherefore whether the late Queen of Scots be
Queen or Subject, be Stranger or Citizen, be Kin
or not Kin, by Gods word for so great offences
she should have the just deserved punishment,
and that in the highest degree.
The second Reason. When God by his just Providence doth commit any grievous Offendor into the hands of a Prince or Magistrate as to his
Minister to be punished, he ought to fear the
heavy displeasure of God if by any colour he
do omit the same. Non enim hominis Judicium
est, sed Dei; & maledictus est qui facit opus Domini fraudulenter vel negligenter: For God often
times brings Sinners to punishment for other offences than those that are known and appear to
the World. And therefore hath he shewed himself grievously displeased when such by colour
of Mercy and Pity in Princes have escaped just
Because Saul spared Agag, (1 Reg. 15.) although
he were a King, God took from the same Saul
his good Spirit, and transferred the Kingdom of
Israel from him and from his Heirs for ever.
When Achab spared Benhadad the King of
Syria by his unreasonable Clemency, though he
were a great Prince, God willed the Prophet to
say unto him, Because thou hast let escape out of
thy hands the man that I would have to die, thy life
shall be for his life, and thy people for his people.
In these Examples great pretence might be
made for Mercy for sparing of them, and great
reproach of bloodiness and Cruelty in the contrary; but we see how God judged them.
The late Queen of Scots being a grievous Offendor divers ways both before she came into
this Land and afterwards also, hath been by Gods
special and remarkable Providence put into the
Queens Majesties hands to be punished, and that
far more notably than Agag and Benhadad were
put into the hands of Saul and Achab.
Therefore it is greatly to be feared if she escape as Benhadad did under pretence of mercy
and favourable dealing, that Gods heavy displeasure will for the same, light both upon the
Prince and the Realm, as it did upon the Achab and
the Israelites shortly after.
This Sentence of the Prophet (as it is for certain reported) was spoken to the Lord James
now Regent in Scotland, when with too much
lenity he proceeded therein; it hath followed
too true in him, the Lord turn it from our Gracious Soveraign.
The third Reason. Every good Prince ought
by Gods Commandment to punish even with
Death all such as do seek to seduce the People of
God from his true worship unto Superstition and
Idolatry. For that offence God hath always most
grievously punished, as committed against the first
Table, Deut. 13. His words are these: If thy
Brother the Son of thy Mother, or thine own Son,
or thy Daughter, or thy Wife that lieth within thy
Bosom, or thy Friend which is as thine own Soul
unto thee, shall entice thee saying, Let us go and
serve strange Gods, &c. Thou shalt not consent unto him nor bearken unto him; thine Eye shall not
pity him, neither shall thou have compassion upon
him, nor keep him secret, but cause him to be slain;
thine own hand shall be first upon him to kill him,
&c. And afterwards addeth, and all Israel shall
fear to do any more any such wickedness.
The Residue of that Chapter afterwards containeth more grievous matter, which we would
with all them to read that in great offences under the colour of pity are loth to have sharp punishment used.
Here you may perceive that God willeth his
Magistrate not to spare either Brother or Sister,
Son or Daughter, Wife or Friend, be he never
so nigh, if he seek to seduce the People of God
from his true Worship; much less is an Enemy
and Traitor to be spared. Yea, and he addeth
the cause why he would have such sharp punishment used in such Cases, That Israel may fear to
do the like.
But the late Queen of Scots hath not only
sought and wrought by all means she can, to seduce the people of God in this Realm from true
Religion; but is the only hope of all the Adversaries of God throughout all Europe, and the Instrument whereby they trust to overthrow the
Gospel of Christ in all Countries. And therefore
if she have not that punishment which God in
this place aforementioned appointeth; It is of all
Christian hearts to be feared, that Gods just Plague
will light both upon the Magistrates and Subjects: but that by our Slackness and remiss Justice we give occasion of the overthrow of God's
Glory and truth in his Church mercifully restored unto us in those latter days.
Euseb. li. 2. de vita Constantini.
Constantinus Magnus caused Licinius to be put
to Death, being not his Subject but
his Fellow-Emperor, for that the said
Licinius laboured to subvert Christian
Religion. And the same Constantinus is for the
same in all Histories highly commended. Much
more shall it be lawful for; the Queens Majesty
to Execute this Woman, who besides the Subversion of Religion hath sought the Life of the
same our Gracious Soveraign.
The Fourth Reason. It is dangerous for any
Person being a Prince, both for his own State as
also for that punishment which may come from
God's hand, by Slackness of Justice in great offences to give occasion by hope of impunity of
the increase of like wickedness.
Joab being spared of David for Murthering
Abner, killed Amasa also.
Because Amnon was winked at by his Father
for committing Rape and Incest with his own
Sister, Absalom under hope of like Impunity was
emboldened to murther his Brother Amnon.
But look, I pray you, how grievously God
punished that slack Justice of David coloured
with a tender heart towards his Children. Did
he not suffer, yea and by his just Judgment raise
one of his own Sons towards whom he used
that excessive tenderness and pity to rebel against him and drive him out of his own Kingdom?
The late Scottish Queen hath heaped up together all the Sins of the Licentious Sons of David, Adulteries, Murders, Conspiracies, Treasons,
and Blaspemies against God also; and if she escape with small punishment, her Majesty in Conscience ought, as also good and faithful Subjects
to fear that God will reserve her as an Instrument
to put her from the Royal Seat of this Kingdom,
and to plague the unthankful and naughty Subjects. Quod omen ut Deus avert at precamur. Shall
we think that God will not plague it? Surely
our hearts do fear he will do it grievously.
The fifth Reason. A Prince ought in Conscience before God by all the means he can to see
to the Quietness, Safety and good Estate of that
People over which God hath appointed him Governour.
For in the Prophets oftentimes under the
names of Pastors and Watchmen he threatneth
great punishment to Princes and Governours for
the contrary; especially in Ezechiel 33, and 34.
And signifieth, that if his People perish either in
Soul or Body, by slackness in administring justice
or by any other mis-government, God will require their Blood at the Princes hands; which
places as they may be applied to Prophets and
Teachers, so do they not exclude but principally
comprehend Kings and Magistrates, as Hieronymus noteth in Ezechiel 33. the words of the
Prophet are these, viz.
If the Watchmen see the Sword and blow not the
Trumpet, so that the people is not warned; If the
Sword come then and take any man from among
them, the same shall be taken away in his own sin
from among them, but his Blood will I require at the
Watchmans hand. Ezechiel 33.
And again, Woe unto the Shepherds that destroy
and scatter my Flock, faith the Lord, &c. You scatter
and thrust out of my Flock and do not look upon
them: Therefore will I visit the wickedness of your imaginations, &c. Jer. 23. By these and such other
words in many places God signifieth, if his People perish either in Soul or Body by the slack or
remiss Government of them that are appointed
Rulers over them, and as it were Shepherds and
Herdsmen to keep them from danger, that he
will require the Blood of his people at their
But the late Scottish Queen with her Allies by
the pretensed Title, and other wicked, devilish
and Traiterous devices and workings, is like to
bring confusion to this Realm of England and the
People thereof, as evidently appeareth to all
good and faithful Subjects. Therefore the Prince
offendeth grievously before God, and is in danger of the Blood of Gods People, if for the safety
of the same she doth not cut her off.
3 Reg. 2. Solomon a Wise and godly Prince
spared not his own natural, yea and his Elder
Brother Adonijah, for suspition and likelihood of
Treason, and for a Marriage purposed only, but
put him to Death for the same, and that speedily without course of Judgment, left by delay
trouble and danger might have ensued, not only
to his own Person being Prince and Chief Minister of God in that Land, but also to that People
over which he had charge, and for safety whereof
in Conscience he was bound to deal. He would
have thought it a great burthen to his Conscience if by the sparing of one mans Life, were he
never so nigh of Blood unto him, he would have
hazarded the Seat in which God had placed him,
and the Blood of many thousands of his People which by a Rebellion might have been
But this Woman and her greatly desired Husband, as she pretendeth, have put far more hainous matters in Execution: wherefore her Case
standing as it doth, there is no scruple in Conscience to proceed with Severity, but great danger
in Conscience for dealing too mildly and contrary to Order of Justice, making the punishment less than the offence, with the danger of
her Majesties own person, the hazard of the
Realm, and the Subversion of Gods Truth.
The sixth Reason. It is dangerous for any Christian Prince and contrary to the word of God, with
colour of Mercy and Pity, to do that whereby he
shall discourage and kill the hearts not only of his
own good Subjects and faithful Councellors, but
also of all other Nations faithfully prosessing
Gods Religion and his true worship, as may well
appear in the Example of David.
David having this infirmity of too much Pity
and Indulgency towards Offendors, which is not
of any Prince to be followed, did forbid that his
Traiterous Son Absolom should be slain; and when
he was killed, effeminately he bewailed the same
to the discouraging of his People: but he was
sharply rebuked by Joab his Councellor saying,
Thou hast shamed this day the faces of thy Servants
which have saved thy life and the life of thy Sons,
&c. Thou lovest those that hate thee, and thou
shewest this day that thou passest not for thy Captains and thy Servants; And now I perceive if Absolom had lived and all we had been slain, it would
have pleased thee well.
What inconvenience was like to follow unto
David by this doing, and what other good direction may be taken out of this History well
considered, for brevities sake we leave to the
Consideration of wise Princes and Governours.
When David was so much moved with these
words that he was contented to take another
course, which turned both to the Comfort of his
Subjects and his own benefit, the application
If David were moved thus to do to the Comfort of his own Subjects only and the abashing of
his own private Rebels; how much more have
we to desire God to move the Queens Majesty,
by the Execution of this Lady, to glad the hearts
of all true Christians in Europe, and to abash and
damp the minds of all the Enemies of God, and
Friends of Antichrist?
Obj. It may be objected that thus to proceed is not Honourable for the Queens Majesty.
Respons. The shadow of Honour (as may evidently appear) deceived upon like occasion both
King Saul in sparing Agag King of Amaleck, and
King Achab in receiving to his Mercy King Benhadad, as it is in the Example in the second Reason mentioned, who did pretend great honour
in saving a King, and thought dishonour in the
contrary, that one King should kill another; but
mans Judgment and Gods in such cases are far diverse: for indeed Execution of Justice upon any
person whatsoever, is and ever hath been accounted honourable.
Joshua a worthy Prince and Governour put
to Death at one time five Kings, and that as
might appear rudely, causing his Souldiers to
set their Feet on their Necks and slay them, and
willed them to be stout and not to fear to do
it. Joshua 10.
We find also in the Scriptures that in this Zeal
of Justice two wicked Queens, Jesabel and Athaliah, both inferior in mischief to this late Queen,
have been by Gods Magistrates Executed, and
the same Execution commended in Scripture.
Obj. It may be further objected that the Queens
Majesty in so doing should exceed the limits and
bounds of Mercy and Clemency.
Resp. Indeed a Prince should be merciful, but
he should be just also. It is said Misericordia &
veritas custodiunt Regem; but in the next Chapter it followeth, Qui sequitur justitiam & misericordiam, inveniet vitam. Pro. 20.
The Prince in Government must be like unto
him who is not only amiable by Mercy, but terrible also by Justice; and therefore is called Misericors & Justus Dominus. Mercy oftentimes
sheweth it self in the Image of Justice; Yea and
Justice in Scriptures is by God called Mercy, Psal.
136. Who smote Egypt with their first-born, for
his mercy endureth for ever. In that Psalm the
smiting of Egypt with terrible Plagues, the destruction of Pharaoh, the killing of great and
mighty Kings are called the merciful works of
God, as indeed they were, but mercy towards
the People of God, and not towards the Enemies of God and of his People.
Therefore as the Queens Majesty indeed is
merciful, so we most humbly desire her that she
will open her Mercy towards Gods People and
her good Subjects, in dispatching those Enemies
that seek the confusion of Gods cause amongst
us, and of this noble Realm.
It may also be said that to spare one Person
being an Enemy, a Stranger, a professed Member of Antichrist, and Convicted of so many
hainous Crimes, with the evident peril of so
many thousands of Bodies and Souls of good and
faithful Subjects, may justly be termed Crudelis
Petiliano objiciente Deum non delectari humano
Sanguine: Respondet, Legimus multos à famulo
Dei Moise Misericorditer interfectos. Nunquid
crudelis effectus est, cùm de monte descendens tot
Millia juberet occidi? August. contra literas Petiliani. li. 2. c. 86.
Saul & Jehosaphat Reges fuerunt populi Dei, &
dum misericordiam iis quos Deus oderat præstiterunt, Dei offensam in opere pietatis incurrerunt.
E contrario Phinehas filiiq; Levi gratiam Dei
humanâ cæde & suorum parricidio meruerunt. Hierom.
The same Hierom de Origine animæ, faith the
like, Sparing of evil persons is misericors inobedientia.
St Augustine also faith, Sicuti est misericordia
puniens, est etiam crudelitas parcens.
Object. But happily it may be that some do
discredit these reasons by the persons, when they
cannot by the matter; and will put in her Majesties mind, that we in perswading her, respect
our own danger and fear of peril coming to us,
and not right and true judgment: Yea, and that
it may appear very unseemly and worthy sharp
reproof in a Bishop to excite a Prince to Cruelty and Blood, contrary to her merciful inclination.
Resp. As touching the first branch, Surely we
see not any great continuance of danger likely
to come unto us, more than to all good Subjects
while this State standeth; and the State cannot
lightly alter without the certain peril both of
our Prince and Country. Now if our danger
be joined with the danger of our Gracious Soveraign and natural Country, we see not how
we can be accompted godly Bishops or faithful
Subjects, if in common peril we should not cry
and give warning: Or on the other side how
they can be thought to have true hearts towards
God and towards their Prince and Country, that
will mislike with us for so doing, and seek thereby to discredit us.
As touching the second branch, God forbid
that we should be instruments to incense a merciful Prince to Cruelty and Bloodiness; neither
can we think well of them or judge that they
have true meaning hearts, that in the Minister of
God and Officer do term justice and right punishment by the name of Bloodiness and Cruelty.
God I trust in time shall open her Majesties Eyes
to see and espy their cruel purposes under the
Cloak of extolling mercy.
When the Prince or Magistrate is slack in punishing the sinful and wicked, the Bishop and
Preacher is bound in Conscience before God to
exhort him to more diligent and severe dealing
therein, lest the Blood both of Prince and People be required at his hands.
3 Reg. 20. May the Prophet be accounted
cruel to incite Achab to Bloodiness, which so
sharply rebuked him for his Clemency shewed
towards Benhadad? May Samuel, be justly named cruel, because in like case he reproved Saul
for sparing the life of King Agag, and killed the
said Agag with his own hands in the sight of the
What shall we say of the Prophet Elias, shall
we call him Cruel because in the Zeal of Justice
he killed all the false Prophets of Baal ? Did not
God approve his fact with the miraculous sending
of abundance of rain after three years continual
drought? But to those men I think God himself
and his Angels will seem Cruel, and his Justice
Cruelty; that they under the colour of merey
might be spared until time will serve to satisfie
their own cruel hearts.
An Argument perswading that the Queens Majesty
ought to have in Conscience a great care of the
safety of her own person.
Every Prince being the Minister of God and
a publick Person ought by Gods word to
have an especial care of his own safety more than
a private Person; and chiefly when the case so
standeth, that the safety of his Realm and Countrey, and the true worshipping of God by Gods
disposition may seem to depend on him.
But now so it is in the Queens Majesty, therefore in Conscience ought she to have a singular
care of her safety, if not for her self sake, yet
at the least for the furtherance of Gods cause and
stay of her Country to the maintenance whereof
she is bound before God.
Moses wished to be put out of the Book of
Life for the safeguard of his People. Exod. 32.
Paul wished to be Anathema for his Brethren.
Codrus and divers other Heathens gave away
their Lives for the safety of their Countries. Contrariwise we wish and are humble Suitors, that
it may please her Majesty to preserve her own
Life, and to cut away the dangers thereof, if
not for her own cause which happily her noble
Courage doth smally regard, yet at the leastwise
for Gods cause, and for her faithful and loving
Subjects, whose Life and good Estate dependeth
Obj. It may be objected, That her Majesty
reposeth her trust and confidence in the Providence of God, and therefore maketh light of all
attempts that her Enemies can work against
Respons. Surely it must needs be confessed, that
the same proceedeth both of noble Courage and
of a strong Faith and trust in God, and ought
indeed to be the Bulwark of help and comfort
to all good and godly Princes; yet so far as they
seem not withal to tempt God by leaving that
diligence and those ordinary means whereby he
useth to save and deliver.
David knew himself to be Anointed and appointed Israel by God himself, yet he did not
rashly cast himself into the hands of Saul his
Jehosophat and Hezechias in their great distresses undoubtedly had their chief trust and confidence in the Providence of God, but they ceased
not both to shun and cut off all those things
whereby danger might grow, and to use all means
whereby their safety might be holpen.
It is alledged by Christ, Thou shalt not tempt
thy Lord God; but surely it might have been as
safe for Christ without tempting God to have
cast himself down from the Pinacle of the Temple, as for the Queens Majesty to suffer in her
Bosom this poisonous Serpent, that ceaseth not
continually to thrust the sting of her venemous
workings into her Majesties safety and possession
of her Crown.
It is well said, Principum securitas paucorum
vitâ redimenda est.
There are divers Histories yea and Examples
of late time whereby it hath been declared, that
the tempting confidence of Gods Providence not
shunning evident occasions of danger, hath fallen out to the extream hurt of the Parties, and
on such as have depended on them; which we
think not meet to recite, left they might seem in
this Case Ominosa, as God for his great Mercies
sake forbid that they should be.
Many Reasons, Authorities and Examples
more besides this may be taken out of the Holy
Scriptures for Confirmation of this purpose; but
for tediousness we thought good to omit them,
and to leave the residue to God.
In the 20th Chapter of Levit. there is much
like matter, and that in as earnest manner set
forth; neither can any in Conscience think that
this punishment was here by God appointed so
grievous, only for those that then seduced the
people of God to Gentilish and heathenish Idolatry; for Idolatry and false worship by whomsoever it be begun, though they bear the name
of the Church or of the People of God never
so much; It is a direct offence against the first
Table; and therefore in Gods Judgment worthy
no less punishment. Yea their offence must needs
be more hainous in the sight of God, for that
they have had greater opportunity to understand
Gods true worship.
Shall any Christian man think, that the worship of God appointed in his Law being but the
figure, was more acceptable and pleasant to God
than this his true worship in the Faith of Jesus,
according to the Gospel of our Redemption? or
that the violating of the same, or seducing of
his people from it, is in his Judgment less displeasant or not so grievously to be punished as was
the breaking of his Law or the seducing from it?
Shall we think that the gathering of a few sticks
on the Sabbath Day is to be punished by Death
in a poor simple person, and the seeking to subvert the Gospel of Christ and to draw the people of God to that Idolatrous Doctrine that
teacheth to impute the merit of Christs Blood
and Passion to wicked mens devices, yea to
Stocks, to Stones, to Sticks, to Water, to Bells,
&c. shall not be worthy the punishment of
Death in a noble Person? God direct our Judgments otherways.
By these words of God before recited Dent.
13; if it be evident that God willed his Magistrates to spare neither Brother, nor Sister, nor
Son, nor Daughter, nor Wife, nor Friend,
though he were never so nigh, if he sought to
seduce the people of God from his true worship,
how much less is an Enemy, a Traytor, and an
Adulterer to be spared?
These Reasons for the speedy Executing of the
Scottish Queen (being part of those contained in
the written Copy of the said Reasons I had by me,
and of which the latter part containeth the Petition of the House to her Majesty, which see Entred
at large in their proper places on Thursday the
28th day of this instant May ensuing, are transcribed out of the said written Copy, and are added
to this days passages, because it is very probable the
House did ground their before-mentioned resolution upon them; although not only the day
on which they were first digested in the House
be there omitted, but also the very year is
through the Error (as it should seem) of some
transcriber falsly set down to have been the
Thirteenth of her Majesty, in which Parliament
the matter of the Scottish Queen was not at all
mentioned, nor at all dealt in by the House of
Commons until this present Session of Parliament in an. 14 Reginæ Eliz. as doth appear plainly by the Original Journal-Book of the same
House. And now follows the residue of this days
Passages, as also the greatest part of the business
of this ensuing Parliament out of the said Original Journal-Book of the same.
This day Arthur Hall Esq; being brought by
the Serjeant to the Bar and Charged by the
House with seven several Articles, humbly submitted himself to the House, and confessed his
folly as well touching the said Articles, as also
his other fond and unadvised Speech at the Bar,
and was upon the question remitted with a good
Exhortation given him by Mr Speaker at large.
Vide concerning this matter on Saturday the 17th
day of this instant May foregoing.
The Bill for the Jurors of Middlesex was committed unto Mr Robert Wroth, Mr Newdigate,
Mr Dalton, Mr Cromwell, and Mr Gent.
On Tuesday the 20th day of May, the Bill for
the Assurance of Lands late of Sir William and
Sir Thomas Woodhouse Knights deceased, was read
the first time and referred unto Sir John Thynne,
Sir Robert Wingfield, Mr Moore, Mr Grimston,
Mr Norton, and Mr Snagg, to confer with the
Parties and their Friends touching their Assents
to the proceeding of the Bill.
Three Bills also of no great moment had each
of them one reading; of which the last being
the Bill for the Town of Shrewsbury, was read
the third time, and passed the House.
The Proviso to the Bill of Decem tales was
twice read, and the Bill and Proviso were Ordered to be ingrossed.
The Bill for Rites and Ceremonies was read
the third time and referred to be considered by
Mr Treasurer, Sir Thomas Scott, Mr Attorney of
the Dutchy and others, who were appointed to
meet this Afternoon in the Star-Chamber.
On Wednesday the 21th day of May, the Bill
between Chatterton and Chatterton was read, and
committed unto Sir Nicholas Arnold, Sir Hen.
Gates, Sir George Penruddocke, Sir Hen. Wallop
and Mr Cromwell, who were appointed to
meet here to Morrow Morning at six of the
The Bill for the Earl of Kent was read the
Francis Harrington Esq; being one of this
House was appointed by the Queens Majesties
most Honourable Privy-Council to repair forthwith to the Town of Stamford or thereabouts for
her Majesties Service, as by his Commission for
taking of Post-Horses bearing date the 20th day
of this Month doth and may appear; which Mr
Speaker Commanded to be set down and noted
The Bill for the Earl of Kent was committed
unto Mr Attorney of the Dutchy, Mr. Popham,
Mr. Bedell, Mr. Sandes, Mr. Fenner, Mr. Dalton,
Mr. Shute and Mr. Matthew Dale; and the opinion of the House was to leave out the general
clause contained in the said Bill.
The Bill for Tales de Circumstantibus was read
the third time and passed the House, and was
sent up unto the Lords with two other Bills of
no great moment by Mr. Treasurer and others;
with further Order from this House to make Declaration unto the Lords of the Choice made by
this House upon Monday last in the great Cause.
And also to desire to understand their Lordships
liking of the same Choice, and further to pray
their good advice and pleasure for further proceeding therein.
Two Bills also of no great moment had each
of them one reading; of which the first being
the Bill touching Presentations by lapse was read
the second time and Ordered to be ingrossed.
Mr. Treasurer and the residue returning from
the Lords, Mr. Treasurer made report of their
Message done to the Lords; and declared, that
the Lords had resolved in the great cause amongst
themselves much to the like effect with the former Choice made by this House. And that their
Lordships for the better and more speedy proceeding therein do pray present Conference with
the former Committees of this House, who are
by the House appointed to attend their Lordships
presently for that purpose. And further Commission also was granted to the said Committees
to impart unto the Lords Committees the Opinion of this House to be, that for her Majesties better safety, present Execution be done upon the
Duke. And the rather by reason of the tract of
time which of necessity must arise by occasion of
proceeding against the Queen of Scots, by way
of Charging her in proper Person and hearing of
her Personal Answer. And further, that this Opinion of this House shall be delivered to the
Lords of the Upper House in the name of all
this House, either by the said Lords Committees,
or else by some of this House, if the said Lords
Committees shall so advise and think good. Vide
concerning this matter on Thursday the 26th day
of June ensuing.
Three Bills lastly had each of them one reading; of which the last being the Bill against Hunting and Killing of Conies was upon the first reading rejected.
On Thursday the 22th day of May, Three Bills
of no great moment had each of them one reading; of which the third being the Bill for the
true making of Callivers, Daggs, &c. was upon
the first reading committed unto Mr. Treasurer,
Sir Maurice Berkeley, Sir Nicholas Arnold, Sir
Henry Wallop and others, who were appointed
to meet to Morrow in the Star-Chamber, at two
of the Clock in the Afternoon.
The Bill for Weekes against Dennis, &c. was
committed unto Sir John Thinne, Sir Henry Gates,
Sir Hen. Wallopp, Sir Geo. Turpin and Mr. Moore,
and others, who were appointed to meet upon
Wednesday next at two of the Clock in the Afternoon in the Star-Chamber.
The Bill against Vagabonds and for relief of
the Poor was read the second time, and referred
to be considered by Sir Henry Gates, Mr. Serjeant
Lovelace, Mr. Yelverton and others, who were appointed to meet in this House to Morrow at six
of the Clock in the Morning.
Upon Declaration made unto this House by
Mr. Speaker from the Queens Majesty, that her
Highness Pleasure is, that from henceforth no
Bills concerning Religion shall be preferred or
received into this House, unless the same should
be first considered and liked by the Clergy. And
further, that her Majesties Pleasure is to see the
two last Bills read in this House touching Rites
and Ceremonies: It is Ordered by the House,
that the same Bills shall be delivered unto her
Majesty by all the Privy-Council that are of this
House, Mr. Heneage, and Mr. Doctor Wilson Master of the Requests, or by any four of them.
The Bill to avoid the multitude of Rogues and
Vagabonds, was read the first time.
Upon the reading of the Bill Exhibited by
Weekes against Dennis, it was Commanded by
the House to be set down and Entred, that in
all matters preferred and offered to this Court
between any private persons, and wherein the
Bill shall by Order of this House be thought
good to be committed, those Committees shall
make their Reports thereof unto this House, in
the presence of both the Parties and of their
Three Bills lastly of no great moment had each
of them one reading; of which the third being
the Bill for the Jurors of Middlesex, was upon
the second reading committed unto Mr. Robert
Wroth, Mr. Newdigate, Mr. Dalton, Mr. Cromwell and Mr. Gent.
On Friday the 23th day of May, Two Bills of
no great moment had each of them one reading; of which the first being the Bill for the City
of Worcester, was read the second time and Ordered to be ingrossed.
Mr. Comptroller in the name of all the Committees in the great cause declared from her Majesty her very good and thankful acceptation of
the great care of this House for her Majesties
Safety; and that moved partly in Conscience
and partly in Honour, minding to defer, not to
reject the determination of this House to proceed in the Choice of a Bill against the Scottish
Queen in the highest degree of Treason both in
Life and Title, liketh better with all convenient
speed to proceed in a second Bill to the other
part of the said former Choice, which her Majesties pleasure was should be signified unto this
House by those of her Privy-Council being of
this House, and so likewise to the Lords by some
others of her Privy-Council, being also of that
House. Vide concerning this business on Thursday
the 26th day of June following.
Upon a Motion made by Mr. Speaker it was
agreed by the House, that the former Committees shall signifie unto the Lords of the Upper
House, that after Declaration made unto this
House from her Majesty of her disposition to have
the second part of the former choice proceeded
in with Expedition, and to defer and not to reject the first part of the same; This House nevertheless with one whole voice and consent, do
still rely upon the said first part as most necessary, without any liking or allowance of the second. And further to make request unto the
Lords to understand whether upon the like report of her Majesties like pleasure declared unto
their Lordships, that they of that House do
think good nevertheless to continue the proceeding with the former Choice like as this House
doth; and if yea, then to confer further with
their Lordships for their good advices and joining therein accordingly. And also to signify unto their Lordships that the whole opinion of this
House is, that her Majesties safety cannot stand
without Execution of the Duke this present Session. And that it might please their Lordships
in Petition thereof unto her Highness to join
with this House. Vide concerning this matter
on Saturday the 31th day of this instant May ensuing.
Four Bills also of no great moment had each
of them one reading; of which the last being
the Bill for Weights and Measurer, was upon the
second reading committed unto Sir Nicholas Arnold, Sir Owen Hopton, Sir Rowland Hayward,
Mr. Recorder of London, Mr. Thomas Browne,
Mr. Stanhope and others, who were appointed to
meet to Morrow in the Afternoon in the Temple
Mr. Treasurer reported to the House the delivery of the two Bills of Rites and Ceremonies
to her Majesty, together with the humble request
of this House, most humbly to beseech her Highness not to conceive ill opinion of this House,
if it so were that her Majesty should not like
well of the said Bills, or of the Parties that preferred them. And declared further, that her
Majesty seemed utterly to mislike of the first Bill,
and of him that brought the same into the House;
and that her Highness express will and pleasure
was, that no Preacher or Minister should be impeached or indicted, or otherwise molested or
troubled, as the preamble of the said Bill did
purport: adding these comfortable words farther, that her Majesty as Defender of the Faith,
will aid and maintain all good Protestants to the
discouraging of all Papists.
Two Bills also of no great moment had each
of them one reading; of which the first being
the Bill for the free Grammar-School of Tunbridge, was read the first time and committed
unto Mr Recorder of London, Mr Coleby, Mr
Norton, Mr Matthew Dale, who were appointed
to meet upon Monday next in the Afternoon in
Mr Attorney and Mr Sollicitor brought word
from the Lords, that touching the Petitions
lastly made unto them this present day by this
House, their Lordships will to Morrow at eight
of the Clock in the Forenoon have Conference
together therein, and so then make Answer of
them unto this House.
On Saturday the 24th day of May, Four Bills
of no great moment had each of them one reading; of which the last being the Bill against injuries offered by Corporations in the City of London to divers Foreign Artificers, was read the
first time, and committed unto Mr Seckford, Sir
Owen Hopton, Sir Rowland Hayward, Mr Moor
and Mr Cure, who were appointed to meet upon
Monday next at three of the Clock in the Afternoon in the Guildhall.
Mr Serjeant Barham and Doctor Huick brought
from the Lords three Bills, viz. The Bill of Tales de
circumstantibus, heretofore passed this House to
have certain words therein inserted. An Act against such as shall conspire or practise the Enlargement of any Prisoner committed for High
Treason; And an Act for the punishment of such
as shall rebelliously take or detain from the
Queens Majesty any Castles, Foretresses, &c.
The Bill for preservation of Timber and Fuel
was read the time and passed, and was
(with four other Bills of no great moment) sent
to the Lords by Mr Treasurer and others, with
further Commission to have Conference with
their Lordships touching some Amendments to be
had in the Bill of Vagabonds, and also touching
the opinion of this House for the necessity of the
speedy Execution of the Duke; and also to pray
their Lordships Answer to the Petition of this
House made yesterday unto them as for their liking to proceed with the first part of the former
Choice, and for their advices and conjoining
with this House in the Order of the same proceeding.
The Bill for Planting and setting of Hops was
read the first time.
Mr Treasurer and the residue returning from
the Lords, Mr Treasurer made report of the delivery of the said Bills to the Lords, and of the
residue of their said Commission from this House
to their Lordships, with Answer from them, that
they like well and allow of the opinion of this
House to proceed in the first degree of Choice in
the great Cause, and that their Lordships will
therein join with this House, and have appointed to have Conference with the Committees of
this House this Afternoon in the Star-Chamber,
for the order and manner of the same proceeding; and then also with the same Committees to
have Conference touching the Bill of Vagabonds;
and that as touching Petition to be made to the
Queens Majesty for the present Execution of the
Duke, their Lordships not misliking the opinion
of the House in that matter, neither discouraging
this House in that Enterprize, do refuse to join
with this House in that Petition to her Majesty;
for the Duke having had his Tryal by them of
that House, their consent and liking in the matter is thereby sufficiently manifested already.
Mr Attorney and Mr Sollicitor declared unto
this House from the Lords, that their Lordships
do desire that those Committees which were appointed to meet with them this Afternoon, may
have Authority from this House to make Choice
of a number of themselves to Accompany the
Lords unto the Queens Majesty, for the reporting and maintaining of such reasons as upon
their said Conference shall be first propounded
and yielded amongst them touching the great
This Court was Adjourned until Wednesday
next; and upon sundry Motions it was resolved,
that all such of this House as shall think good to
exhibit or prefer any reasons or causes to enforce the matter of the Dukes Execution, may
in the mean time of the next Session deliver
them in writing to Mr Speaker at their Choices
and pleasures, to the end that this Court may
further proceed to the manner and order of signifying the same Petition to her Majesty accordingly.
On Wednesday the 28th day of May, It was
signified unto this House by Mr Speaker, that
the Queens Majesties pleasure was, that all they
of this House being of the Committees in the
great Cause, and appointed by them out of themselves to come to her Highness Presence, shall all
attend at the Court this present day at eight of
the Clock in the Forenoon for the same purpose
accordingly: which Message was so delivered unto Mr Speaker now in the House, by one of this
House sent unto him from Mr Treasurer. But to
what end or purpose the said Mr Treasurer with
other Members of the House were appointed to
attend upon her Majesty, doth not appear or
can at all be gathered by the Original JournalBook of the House of Commons; but it was
doubtless to agitate and treat of the great business touching the Scottish Queen: and it is very
probable that the Members of the said House did
at this time offer up their Petition and Reasons
to her Majesty for the Speedy Execution of the
said Queen; all which I have thought good to
insert in this place out of a written Copy thereof
I had by me, although they are there falsly referred to the Parliament foregoing which was in
An. 13 Regin. Eliz. as were also other reasons
there contained, which are referred unto Monday the 19th day of this instant May foregoing.
An humble Petition to her Majesty and the Reasons
gathered out of the Civil Law by certain appointed by Authority in Parliament, to prove that it
standeth not only with Justice but also with the
Queens Majesties Honour and Safety to proceed Criminally against the pretended Scottish
WE your Majesties most humble and faithful Subjects Assembled in Parliament
for preservation of your Royal Person and Estate, do highly acknowledge the great goodness
of God that hath Chosen and appointed such a
Soveraign to Reign over us as never Subjects by
any Record ever had a better; and therefore
our hearry Prayers are daily and ever shall be to
Almighty God, long to preserve your most Excellent Majesty in all and most perfect Felicity
that ever Creature had or might have upon
Earth. And whereas the highest and chiefest
States are ever more envied of all such as be the
worst and greatest disturbers of Gods Monarchy
and his Anointed Jurisdiction, we cannot but
with a care of mind and force of our Bodies seek
to redress whatsoever shall be thought hurtful to
your Majesties safe quietness and most blessed
A Queen of late time, and yet through her
own Acts now justly no Queen, a nigh Kinswoman of your Majesties and yet a very unnatural
Sister, Lady Mary Steward, late Queen of Scots,
being driven through violence and force of others to take Harbour in your Majesties Realm
for the Safeguard of her Life, hath not only had
your Majesties most Gracious Protection, but also
was saved within her own Realm by your Majesties Authority from Execution of Death for her
most horrible and unnatural doings there, known
throughout Europe to her perpetual infamy and
shame for ever. And albeit upon her first coming your Highness might both by Law and Justice
have dealt with her judicially for her attempts
made by writing and otherwise against the
Crown and Dignity, and to the Disherison of
your most Royal Person for ever; Yet your Majesty in Consideration of her long dangerous
troubles in her own Realm, and in hope that such
great Adversities would have been good Lessons
for her Amendment hereafter, hath not used her
in any such manner as she hath deserved: But
rather forgetting or forgiving after a sort her
former doings, hath dealt with her like a good
and natural Sister. All which notwithstanding
this unnatural Lady (being born out of kind as
it should seem) hath altogether forgotten God
and all goodness, abusing her self, as it appeareth, most Treasonably against your Majesties
Person and State, and seeking and devising by
all means possible not only to deprive your Majesty of all Earthly Dignities and Livings, but
also of your natural Life; which thing is found
by evident Proofs, and by the Judges of your
Realm declared to be most horrible and most
wicked Treason that ever was wrought against
any Prince. For which her doing her Majesty
minding to touch her in Honour, esteemeth her
a Person unworthy of any hope or Title, Preheminence or Dignity within this your Land;
and therefore not seeking to deal with her according to her desert is only contented to have
her disabled as a person not capable of Princely
Honour. And thus your Majesty using this
course thinketh it the meetest way to establish
your self and to quiet your Dominions hereafter,
taking away hereby the hope of such as do depend upon the pretended Title, and weakning
the whole strength of that Faction.
And for further assurance of your Majesties
quietness your Highness doth not mislike to have
grievous pains of High Treason laid upon all such
as shall attempt and maintain her pretended Title by any manner of way.
Thus as evil men shall be kept back from intermedling in the maintenance of a Title, so may
your Majesties true and faithful Subjects be much
emboldened to deal against this pretended Queen
and her Adherents, when your Subjects shall see
a Law set down for your avail, and your Enemies shall want Forces and wax weak thereby,
and your true Subjects greatly hardened for all
Moreover if the said pretended Queen shall
hereafter make any attempt of Treason, the Law
so to run, that she shall suffer pains of Death
without further trouble of Parliament.
And if any shall enterprise to deliver her out
of Prison after her disablement, either in your
Majesties Life, or after the same, to be Convicted immediately of High Treason, and her self
assenting thereunto to be likewise adjudged as a
Traitor in Law.
In all which proceedings your Majesty thinketh to deal both safely and honourably, as well
for your Self as for your State. For thereby it
seemeth that neither shall she nor any for her
hereafter dare deal to do harm; but also all Foreign Princes and Nations will think much Honour of such your merciful proceedings.
And lastly, whereas she hath fallen into your
hands from the violence of others, and so as a
Bird followed by a Hawk seeketh succour at your
Majesties Feet; your Highness thinketh your
Self bound in Honour, for that she is your Sister, and a Queen Born, not to proceed further,
only to her disablement, counting it a strong
work for your Safety.
These be the Reasons which in part may move
your Majesty to take this Course, as we do conceive. All which notwithstanding, if it it might
please your most Excellent Majesty to suffer your
poor and faithful Subjects to enter deeply upon
good search of this Cause, and by way of reply
to make Answer with proceeding by just proofs
for your Majesties Safety, we doubt not but
with your Highness favourable acceptation, all
that which hitherto hath been uttered is rather a
Declaration of that most Mild and Gracious Nature of Yours, than any assurance for your Person and State at all.
Reasons Answering the former Arguments.
May it therefore please your Majesty,
Whereas it is said, that it standeth to very
good purpose to proceed only in disabling the Scottish Queen for any Claim or Title
to the Crown; we take it, by your Majesties
Favour, that such and especially disabling of the
Scottish Queen is in effect a special Confirmation
of a Right that she should have had. Quia privatio præsupponit habitum. And further we do
take it for a known truth, that by the Laws and
Statutes in this Land now in Force, she is already
disabled, and therefore it is to small purpose,
rem actam agere. And for Answer unto the premisses we say further, that neither shall this weaken others that are evil minded, but rather
strengthen them in their mischief, and make
them desperate where there is no other remedy.
And a Firebrand once kindled and finding apt
matter to work upon, will hardly be quenched
without a great hazard. Touching the grievous
pains laid upon those that shall deal, those will
be little feared, by the wicked, whom hope of
gain maketh more bold than such pains do appall. Besides, Nature given to this Nation and
all others that are under the Moon, maketh men
often-times stir without cause, and as Plato faith,
Naturales sunt conversiones rerum pub. Yet they
that heretofore have born Armour as Traytors,
not fearing the Law then in force, which did as
much restrain them as this or any Law to be made
can be able being desperate will fear no Laws,
especially such an instrument living by whom all
attempts are to be wrought. Force overthroweth Justice, till the Cause of all mischief, which
is the hoped help, be clean taken away.
And where it is said that the making of a Law
for her disabling emboldneth much your Subjects to deal against her: We Answer that no
new Law needeth to encourage good and Loyal
Subjects against such a Person, who hath broken
all the Laws of God and nature, and is worthy
to be out of your Majesties Protection, because
she seeketh still the disturbance of this noble
State, and using often her own phrase threatneth
that she will stir Coals.
Touching a new Law to be made against her,
if she should attempt any evil hereafter; the
experience of her former life is such that no Law
bath any force with her, that is fully minded to
take her advantage upon any apt occasion offered. And to threaten her with Death if she should
seem to make an escape hereafter is such advice
that she nothing seareth; for besides that she was
told at Lough-Leaven, there was no way but
Death with her if she would not take her Imprisonment quietly and live without seeking Liberty,
she notwithstanding adventured her self with a
young Fellow very dishonourably to get away
in a Boat. And now since her coming into England
land she hath wrought divers wayes to make an
Escape, and imployed the heads of the chiefest
Estates of your own disloyal Subjects for that purpose. Therefore menacing and but threatning
words of Law shall not keep her back from her
malicious intent to subvert your Majesty, and to
give a push for the Crown, come of her what
will. And likely it is that she may escape as well
as be taken, for she neither wanteth Wit nor
Cunning to make her way. And we have learned in matters of great hazard to be well advised
and to take always that Order which may be the
best. Now there will want no Traytors to be
always ready to bring this her device about, and
to do what they can for her Liberty. And such
as will not deal in small matters will adventure
deep for a Kingdom, because the reward is great
when the service is done.
But your Majesty hath regard unto your Honour as much as to your Safety; and thinketh
that in taking this Course all Princes will speak
well of your Highness.
May it please your Majesty, We your good
Subjects do well like of so honourable a meaning; but we would be loth to see that when you
have such regard of Honour, you do thereby
lose your State, and so your Life, Honour and
all. For if it should fall out that the Scottish
Queen escaped your hands (which Christ for his
Mercies sake forbid) all good Princes would
think great want of Judgment and foresight,
First in your Majesty, next in your Councel,
last of all in all the whole Nation; and such a
grief it would be to your Majesty and Subjects,
and to all other good Christian Princes throughout Europe, as none could be greater. Again,
such a matter of Comfort and Triumph it would
be to the Adversaries, that they would account
her escape a miraculous work of God, and that
your Majesty had no power though will to keep
her safe. And when that day should come, Wo
be to all true Christians universally; for upon her
do depend the chiefest Enemies of Religion, and
to this Kingdom.
May it please you therefore most Gracious
Queen to be well advised and to take sound
Counsel when it is given; knowing this for a
certain truth, that evil foreseen and advisedly
looked unto, doth ever the less harm.
But still your Majesty considering the great
troubles that she hath had, and forgetting or
not greatly esteeming what troubles she hath
brought unto your Realm, doth by a merciful
respect of your most Gracious Nature, rather
bend to do good to her than to seek Safeguard
for your Self. And seeing here your Sister
though unnatural, and also a Queen by Birth,
although not worthy of Life, cannot but rather
hazard your own self than deal with her according to her deserts.
This your Majesties nature being thus known,
it behoveth all your good Subjects, most Gracious Soveraign, to call and cry to God for his
Heavenly Assistance, that his Power may be given to you, next after the advancement of his
Glory, to seek assuredly your own Safety; which
your Majesty cannot fully do by this means that
hath hitherto been taken, or hereafter to be
Therefore it would please your most Excellent Majesty to give ear to the sound Reasons of
your most Faithful Subjects, and rather deal certainly than by Chance; and there is no doubt
but your Majesty shall avoid all apparent dangers, and live in all Safety and Honour, to Gods
Glory and to the Comfort of all good Christian
Thus much against the opinion of disabling
the Scottish Queen; whereby it appeareth that
it will be rather for her benefit, than to her hurt.
And most certain it is, that it will be dangerous
for the State divers ways; whereas dealing with
her in the first degree according to her deserts,
the same is lawful, safe, necessary and honourable for your Majesty and all Christendome besides.
And because it may appear that this Speech is
grounded upon Law and Reason, there shall be
Arguments in Law alledged sufficiently for this
matter, as the shortness of time may serve.
Civil Reasons for doubt of Answer.
A Confederate being in the Country of his
Confederate is to be punished as though
he were a Subject.
Every person offending is to be tryed in the
place where he committeth the Crime, without
Exception of priviledge.
A King passing through another King's Realm,
or there Resident, is but a private person.
The Dignity of the Person offending encreaseth the offence.
Reatus omnem honorem excludit.
A King deposed is not to be taken for a King;
and therefore Frederick King of Naples being deprived by the King of Spain, was afterwards
judged to be no King by Sentence.
A King though not deposed may commit
Diotorus a King Confederated with the Romans was Criminally judged by Caius Julius Cæsar, for that he Conspired to have slain the said
Julius Cæsar at a Banquet.
Joan Queen of Naples was put to Death for
that she gave her Consent to the Murther of her
Husband, and caused him to be hanged out at a
Henry the Seventh Emperour did give a Solemn Judgment of Death at Pisa 1311. against
Robert King of Sicil, for that the same King had
entred into Conspiracy with the Subjects of the
Emperour: and yet was not King Robert within
the Jurisdiction of the Emperour at the time of
the Conspiracy, neither at the time of the Judgment.
It standeth with the Law of nature which
is immutable, for any Person to proceed or
the safety of himself and his Charge.
Great offences in the highest degree ought
not to be punished for any affection of Kindred.
Justice, Equity and Common-Wealth, are
to be preferred before the affection of Kindred.
Quia arctiora sunt vincula virtutis quàm sanguinis.
An offence of the highest degree against the
Prince being the Head of the Political Body, is
an offence to every Member of the same, and
requireth sharp punishment for preservation of
The intent of offences in the highest degree
is punished with death, although the Execution
of the intent doth not follow.
The benefit and priviledge of safe Conduct is
lost by any Crime committed after the Grant
Administration of Justice cannot but be honourable.
All just and honourable dealings are pleasing to God and profitable to the Prince and
Execution of Justice is void of all Injury.
It is dangerous for the State to swerve from
the Ministration of Justice and the due Execution of Law.
To spare Offenders in the highest degree,
is an injury to the Prince and State of the
Pæna unius salus multorum.
The loss of life is the penalty appointed for
Treason; and the loss of Lands and Goods with
the possibility of Title, cometh but in consequence and unnecessarily.
Punishment ought to be equal with the fault,
and he that ministreth less punishment than the
fault deserveth, doth not execute the Law according to the Rules of Justice.
Reasons to prove that it standeth not only with Justice, but with the Queens Majesties Honour and
Safety, to proceed Criminally against Mary Steward late Queen of Scots, for her Treasons committed against her Majesty and this Realm.
A Confederate being in the Country of his
Consederate, for a Crime committed, is
there to be punished. Cod. & de captivis & post
termino reversis, verba legis, At si sunt apud nos
rei ex Civitatibus fæderatis, in cos damnatos animadvertimus. Therefore although the Scottish
Queen were a Consederate, yet she is to be used
in like sort as a Subject.
Item, there is no Person of what degree soever he be, but is there to be Tryed where the
Crime is committed without exception of priviledge. Cod. ubi de Criminibus agi oporteat, verba
legis, Qua in Provincia quis deliquit, aut in qua
pecuniarum aut criminum reus sit, ibi judicari debet, & hoc jus perpetnum sit.
But the Scottish Queen here hath offended.
Item, every Person is to be Condemned and
adjudged equally. In Crimine læsæ Majestatis
verba legis. In crimine læsæ Majestatis æqua est
omnium conditio. Ad legem Juliam læsæ Majestatis.
But she hath fallen in crimen læsæ Majestatis.
Item a King in another Kings Territory may
commit Treasons as another private Person,
Corectus de potestate regia n° 90. verba, Quæro
utrum Rex non habens justum titulum regni incidate in crimen læsæ Majestatis. Respondeo, quod
sic, secundum Bartol. in legem duodecim tabularum, & in legem prim. ff. de crimine læsæ Majestatis.
But the Scottish Queen hath offended here in
A King passing through another King's Realm
or there resiant, is but a private person. Bartolus duodecim. libro de Dignitatibus, verba, Sed tamen dubitatur si Rex vel Baro transit per alias partes extra Regnum suum, utrum possit creare Milites: Et videtur quod non, quia ibi privatus est
homo. ss. de Præfecto Urbis. ss. de officio præsidis. Præses in homines suæ Provinciæ imperium habet, & hoc dum est in Provincia.
91. Coll. penult. verba, Quilibet Rex extra sunm
territorium privatus est. Lapus in allegatione, Censetur ad instar Privati.
But the Scottish Queen being here in England
is out of her Territory. Ergo to be punished as a
Every Person of what condition soever he be,
either superior or equal, submitting himself to
the Jurisdiction of another, is to be judged by
him to whom he submitteth himself. L. est receptivum ss. de judiciis, verba, Est receptivum eoq;
jure utimur, ut siquis major vel equalis subjiciat se
jurisdictioni alterius, potest ei & adversus eum
But the Queen of Scots, although she were a
Queen and thereby equal, by committing hainous Treason, hath submitted her self to the
Paulus de Castro in dictam legem est receptivum
ss. eo, verba ejus enim, Major vel æqualis potest
se subjicere Jurisdictioni ordinaliter alterius Judicis
minoris vel paris tacite, si Judex unius Territorii
delinquat vel contrahat in territorium alterius Judicis vel minoris vel paris, quia ratione delicti vel
contractus sortitur ibi forum. Rota de definitionibus de Judiciis, Ille qui delinquit, per delictum amisit mercem imprim. & sic factus est alias privatus; & sic compar potest eum punire. Quilibet in
suo Territorio est major Alexandro.
But the Scottish Queen having committed
High Treason within this Realm, hath by contraction of Law submitted her self to this Jurisdiction, and therefore to be punished as another
And although it be said that one that is not
subditus, non potest committere crimen læsæ Majestatis; yet that saying is to be taken, whereas
the crime is committed out of the Jurisdiction:
but if it be committed within the Jurisdiction,
then there to be punished. Papa in Clementinam
de sententia & re judicata.
And albeit the Pope did reverse the same Sentence; yet he faith, that if the party had been
within the Jurisdiction of the superior at the time
of the Crime committed, and judgment to the
party offended, he had been justly condemned,
&c. Verba Papæ, Quod si Rex infra districtum
imperiale suisset invenitus delinquens, potuisset contra eum sententia dici.
Lo here the Pope declareth plainly that she
here offending may justy here be punished in
Item, a King deposed is not afterwards to be
taken for a King. Thomas de Turrecremeta definitione 65. Rex Regno privatus non est amplius
But the Queen of Scots is deprived. Ergo.
The benefit or priviledge of safe-Conduct is
lost when any crime is committed after the safeConduct granted. Angelus de maleficiis, in verbo
But the Queen of Scots hath committed against
the safe-Conduct since her coming into the
The will and mind in Treasons is punished
equally as the Act. Cod. ad legem Juliam læsæ
Majestatis, verba legis. In crimine læsæ Majestatis voluntatem sceleris æque ac effectum puniri jura
But the Scottish Queen hath not only had the
affections, but hath notoriously proceeded to the
Neither is it any new or rare thing for Kings
and Queens to be adjudged and Condemned for
Treason; for Henry the Seventh Emperour did
give a solemn judgment of death at Pisa, A. D.
1311. against Robert King of Sicily. Diotorus
was likewise Condemned by Julius Cæsar; and
Joan Queen of Naples for murthering her
Husband, and Hanging him out of a Window.
Punishment ought to be equal to the offences committed. ss. de pænis; but Death is the penalty appointed for Treason. Ergo.
The foregoing Petition and Reasons for the
speedy Execution of the Scottish Queen being
thus transcribed out of the before-mentioned
written Copy of them I had by me,
Now follows the residue of this days passages
and of this ensuing Journal out of the Original
Journal-Book of the House of Commons it self
in manner and form following.
Two Bills of no great moment had each of
them one reading; of which the second being
the Bill for Cogshall and Bocking, was read the
The Proviso to the Bill for Worcester was
twice read and Ordered to be ingrossed.
The Bill for the Free Grammar-School in Tunbridge was committed unto Sir Tho. Scot and others to meet to Morrow in the Afternoon at
three of the Clock.
The Bill for the Explanation of the Statute of
32 H. 8. for Recoveries, was read the third time,
and committed to the former Committees; unto whom also were added Mr Serjeant Lovelace,
Mr Attorney of the Dutchy, Mr Popham and Mr
Townesend, who were to meet this Afternoon in
the Temple Church.
Mr Treasurer declared, that he and certain others of the Committees chosen by themselves
out of themselves do presently come from her
Majesty; and that her Majesty doth very thankfully accept the good will and zeal of this House
in their carefulness for her Majesties safety and
preservation; and that as her Majesty thinketh
the course chosen by this House, and wherein
the Lords have joined with this House, to be
the best and surest way for her Majesties preservation and safety indeed; yet her Highness for
certain respects by her self conceived thinketh
good for this time to defer, but not to reject
that course of proceeding as yet; and in the
mean time with all convenient speed to go forward in the great matter against the Scottish
Queen with a second Bill, being the other part
of the said Choice heretofore offered to this
House. And that her Majesty minding in that
Bill by any implication or drawing of words not
to have the Scottish Queen either enabled or disabled to or from any manner of Title to the
Crown of this Realm, or any other Title to the
same whatsoever touched at all, willeth that the
Bill be first drawn by her Learned Councel, and
by them penned before the same be treated of
or dealt in, in this House. And that in the mean
time of bringing in of the said Bill, this House
enter not into any Speeches or Arguments of that
matter. And that her Majesty hath likewise signified the same her like pleasure unto the Lords
of the Upper House by some of the said Committees of the same House. Vide concerning this
matter on Thursday the 26th day of June following.
Mr Attorney and Mr Sollicitor declared from
the Lords that their Lordships have appointed six
of themselves which were with the Queens Majesty this Forenoon at the Exchequer, and that
they have appointed the Judges there to attend
them; and pray that a convenient number of
such of this House as were also with her Highness, might with some others of this House meet
there with their Lordships for further Conference, and thereupon were for that purpose appointed by this House,
Mr Chancellor of the Dutchy.
Mr Chancellor of the Exchequer.
Sir Maurice Berkeley.
Sir Tho. Scott.
Sir Hugh Pawlett.
Sir John Thynne.
Sir Hen. Gate.
Mr Dr Wilson Master of the Requests.
Mr Serjeant Lovelace.
Mr Attorney of the Court of Wards.
Mr Recorder of London.
Mr Attorney of the Dutchy.
Mr Atkins and
Nota, That it is not certainly set down why
these forenamed Committees were nominated;
but as is most probable, they were appointed either for the great business touching the Scottish Queen, or the Execution of the Duke, or
The Resolution of this House upon the Question was, that Petition should be made by this
House unto her Majesty for the present Execution of the Duke, and that the same Petition
shall be digested and put in writing against to
Morrow Morning, and be then delivered to Mr
Speaker, to the end he may move her Majesty
in the behalf of this whole House in such sort as
this House shall further appoint him. Vide concerning this matter on Saturday the 31th day of
this instant May ensuing.
On Thursday the 29th day of May, Two Bills
of no great moment had each of them one reading; of which the second being the Bill for
Partition of the Lands to be made between the
Lord Latimer and Sir Robert Wingfeild Knight,
was read the second time and Ordered to be ingrossed.
Mr Chancellor of the Exchequer, Mr Attorney
of the Dutchy, Mr Attorney of the Court of
Wards, and Mr Boyer, were added to the former Committees for the School of Tunbridge (who
were appointed on Friday the 23d day of this
instant May foregoing.)
Three Bills also had each of them one reading; of which the second being the Bill against
the multitude of Rogues and Vagabonds, was
upon the second reading rejected.
Mr Doctor Lewes and Mr Doctor Huick did
bring from the Lords a Bill touching the annexing of Hexham and Hexamshire to the County
The Bill lastly for Vagabonds was committed
unto Mr Treasurer, Mr Comptroller, Mr Attorney of the Court of Wards Mr Sands, Mr Mounson, Mr Marsh, Mr Sampole, Mr Cromwell, and
Mr Boyer, who were appointed to meet to Morrow between five and six of the Clock in the
Morning; and such of them as can, to meet in
the mean time in the Temple Church at three of
On Friday the 30th day of May, the Bill for
Sir William Harper was upon the first reading
committed unto Sir Hugh Pawlett, Sir John
Thynne, Sir Maurice Berkley, Mr Dr Wilson Master
of the Requests, Mr Atkins, Mr Nicholas Hare,
and Mr Matthew Dale, who were appointed to
meet upon Monday next in Southwark in the
Court-House there at two of the Clock in the Afternoon, and the Parties to be warned by the
Five Bills of no great moment had each of
them one reading; of which the last being the
Bill touching Grants by Corporations, were
read the second time, and committed unto Mr
Seckford Master of the Requests, Mr Serjeant
Manwood, Mr Popham, Mr Bedell, Mr Thimbleby,
Mr Snagg, Mr Fenner, and Mr Grimsditch, who
were appointed to meet at three of the Clock
this Afternoon in the Temple Church.
The Committees for the Free Grammar-School
of Tunbridge were appointed to meet at three
of the Clock this Afternoon in the GuildHall.
Upon the Question it was resolved by this
House touching the Bill of Vagabonds, That
the words Minstrells, Bearwards, Pedlers, &c.
shall not be put out of the Bill, but stand still in
the same, qualified by Licences of the Justices of
the Peace in such sort, as upon the Committee
hath been considered and agreed upon, with this
condition also, That if the Lords shall not agree
to that qualification, then this House will not be
so bound by the said resolution, but that they
may alter and change the same at their Liberty
and pleasure, if they shall so think good.
Martin Cole one of the Burgesses for the Borough of Sudbury in the County of Suffolk, was
for his great business and affairs licensed to be absent for eight dayes.
On Saturday the 31th day of May, Three Bills
of no great moment had each of them one reading; of which the third being the Bill against
Recoveries suffered by Tenants for term of life,
was read the second time, and committed unto
Mr Attorney of the Court of Wards, Mr Recorder of London, Mr Mounson, Mr Popham and
others, who were appointed to consider of the
said Bill sitting the Court.
The Bill for the Earl of Kent was read the first
time, and committed to the former Committees,
and to meet at the Temple Church to Morrow at
two of the Clock in the Afternoon.
Upon the Question moved whether upon a
former motion now made by Mr Treasurer for
respiting of the Petition to her Majesty touching
the Execution of the Duke, for that it may be
her Majesty will cause the same to be done rather
of her own disposition than being thereunto
pressed by Petition of this House; It is resolved,
That neither this present day nor in the mean
time of the next Session of this House any Consultation be had touching any proceeding in the
said Petition. Vide concerning this business on
Friday the 16th day, Friday the 23th, and on
Wednesday the 28th day of this instant May foregoing.
Four Bills lastly of no great moment had each
of them one reading; of which the first being
the Bill against such as shall practise to enlarge
any person committed to Prison for High-Treason, was read the first time.