May 1571
On Tuesday the first day of May, the Bill to
make a free Denizen Peregrine Barty, Son of
Richard Barty Esq;, and Katherine Dutchess of
Suffolk his Wife, was read primâ vice.
Four Bills were brought from the House of
Commons, of which one was the Bill against Fugitives over the Sea. Another was the Bill for
the Town of Shrewsbury.
Three Bills also had each of them one reading,
of which the second being the Bill against fraudulent Deeds, Gifts, Alienations, &c. was read
tertiâ vice & conclusa, & commissa Sollicitatori Dominæ Reginæ, & Doctori Lewis, in Domum Communem deferend.
Dominus Custos magni Sigilli continuavit præsens Parliamentum usq; in diem Crastinum horâ
Octaovâ.
On Wednesday the second day of May, Five
Bills of no great moment, had each of them
one reading; of which the second being the
Bill touching William Skeffington, was read primâ
vice, and the third against Fugitives over the
Seas, was read primâ vice & commissa unto divers Lords Spiritual and Temporal, of which
the Lord Hastings of Loughborough, a Grand Papist, was one.
Dominus Custos magni Sigilli continuavit præsens Parliamentum usq; in diem proximum horâ
nonâ.
On Thursday the 3d day of May, Five Bills of
no great moment, had each of them one reading; of which the fourth being the Bill touching Dilapidations by Ecclesiastical persons, was
read primâ vice, and committed unto Viscount
Hereford, Viscount Mountague, the Bishop of
Winchester, the Bishop of Worcester, the Bishop
of Ely, the Bishop of Rochester, the Bishop of
Carlisle, the Bishop of Lincoln, the Lord Grey,
the Lord Cobham, Doctor Lewes, and Doctor
Yale.
Nota, Though it be very usual in most of the
Journals of her Majesties Reign, for the Judges
and sometimes for the Queens Learned Councel
to be nominated joint Committees with the
Lords, this present commitment foregoing is a
very rare and unusual President, in respect that
two Doctors only (as I conceive) of the Civil
Law, are made joint Committees as aforesaid.
But the reasons of this here may well be, in respect that this Bill concerned Dilapidations, properly belonging to the Ecclesiastical Courts, in
which they are for the most part best Experienced. And this may be a cause also, that
the Spiritual Lords in this Committee are
more than the Temporal, which is very seldom or rarely seen, but in some such like Case.
Two Bills were brought from the House of
Commons, of which the second was the Bill for
the Ministers of the Church to be of sound Religion.
Dominus Custos magni Sigilli continuavit præsens Parliamentum usq; in diem Sabbati proximum
horâ nonâ.
A Release at large, and ad verbum, by Henry
Sacheverill of Risby, in the County of Leicester,
Gent., unto William Skeffington, and his Heirs,
of all the right, which the said Henry Sacheverill
had by Feoffment of William Skeffington Esq;,
and Ralph Sacheverill, and their Cofeoffees, Dated
30 die Januarii, anno 22 Regin. Eliz. in the Mannors, Lands, &c. of and in Kersby, Trussington,
Thriamoston, Humberston, Silby, Burton Super
Molez, & in Queenborough in Com. Leicester, which
the said William Skeffington and Ralph Sacheverill had from George Clemand, and in all other
Mannors, Lands, &c. lying in the Towns and
Fields of Skevington in the County of Leicester,
and Stock in the County of Lincoln, or elsewhere
in England, cognit. usitat. locat. reputat. sen accept.
ut possessiones & hæreditamenta prædicti Willielmi
Skeffington, Licet tamen re verâ iidem Willielmus & Rudolphus nec eorum alter eadem maneria, terras, Tenementa & Hæreditamenta in illo
scripto ultimo nominato mihi præfato Henrico tradere, dimittere, feoffare, concedere, deliberare seu
confirmarè niminè intenderint, seu voluerint, sed
tantummodo idem scriptum taliter continens eadem
Maneria, terras, tenementa & hæreditamenta, per
fraudem & deceptionem mei præfati Henrici indebitè obtentum fuit.
Then the same Deed of Release containeth
Warranty of all the Premises unto William Skeffington, and his Heirs, against the said Henry Sacheverill his Heirs and Assigns for ever: In cujus
rei testimonium huic præsenti scripto meo sigillum
meum apposui. Dat. quinto die Martii, Anno
Regni illustrissimæ Dominæ nostræ Elizabethæ, Dei
Gratia Angliæ, Franciæ & Hiberniæ Reginæ, Fidei Defensor. &c. Decimo tertio.
Nota, That Robert Bowyer Esq;, who succeeded Sir Thomas Smith Knight, in the place of
Clerk of the Upper House, in An. 6 Jacobi Regis, in his Abridgment of the Journal of the
Queens time, hath at the end of this business
touching Henry Sacheverill, inserted this Note
ensuing.
Upon what occasion or how this matter between Skeffington and Sacheverill came in Question in the Parliament, or why other than that
a Bill touching William Skeffington was brought
from the House of Commons on Tuesday the first
day of this instant May preceeding, and had its
first reading on Wednesday the 2d day, and its
second reading on Thursday the 3d day of the
same Month foregoing, and was also read the
third time and concluded, on this present 5th
day of May, on which the said Release was Entred in the Parliament Book, appeareth not in
the Journal so much as by circumstance, which
seemeth to have happened through the negligence of the Clerk of the Parliament, who was
either Mr Spilman, or Mr Anthony Mason alias
Weeks.
On Saturday the 5th day of May, to which, it
should seem, the preceeding Release is to be
referred, Four Bills of no great moment, had
each of them one reading; of which the third
being the Bill whereby certain offences be made
Treason, was read secundâ vice, and committed
unto the Archbishop of Canterbury, and others.
Two Bills also were brought to the Lords from
the House of Commons, of which the first was
the Bill for the coming to Church, and receiving
the Communion.
Dominus Custos magni Sigilli continnavit præsens Parliamentum usq; in diem Lunæ prox. hora
Octavâ.
May the 6th Sunday.
On Monday the 7th day of May, Eight Bills of
no great moment, had each of them one reading; of which the last being the Bill touching
Dilapidations by Ecclesiastical Persons, was read
primâ vice, and committed unto the Lords, that
were before in that Bill appointed; whose names
see on Thursday the third day of this instant
May foregoing; and the Earl of Leicester and
the Lord of Loughborough were added unto
them.
Dominus Custos magni Sigilli continuavit præsens Parliamentum usq; in diem Crastinum horâ
nonâ.
On Tuesday the 8th day of May, Four Bills of
no great moment, had each of them one reading; of which the last being the Bill for respite
of Homage, was read secundâ vice, & commissa
Attornato & Sollicitatori Dominæ Reginæ.
The fourth lastly, being the Bill whereby certain offences be made Treasons, was read tertiâ
vice, & conclusa, with a new Proviso added thereunto by the Lords, and certain Amendments, and
committed to Mr Attorney, and Mr Sollicitor, to
be carried to the House of Commons.
Dominus Custos magni Sigilli continuavit præsens Parliamentum usq; in diem Crastinum horâ
Octavâ.
On Wednesday the 9th day of May, the Bill
for coming to Church and receiving the Communion, was read secundâ vice, and committed
to the Earl of Sussex, the Earl of Huntingdon,
the Earl of Bedford, Viscount Mountague, the
Bishop of Winchester, the Bishop of Hereford, the
Bishop of Salisbury, the Bishop of Lincoln, the
Lord Burleigh, the Lord Cobham, the Lord Lumley, the Lord Hastings of Loughborough, and Serjeant Barham.
Dominus Custos magni Sigilli continuavit præsens Parliamentum usq; in diem Crastinum horâ
Octavâ.
On Thursday the 10th day of May, Four Bills
of no great moment, had each of them one
reading; of which the second being the Bill for
the appointing of two several Sheriffs for the
Counties of Cambridge and Huntington, was
read secundâ vice, & commissa ad ingrossandum.
And the last, that no Purveyors shall take any
Corn, Grain or Victuals, within five Miles of Cambridge and Oxford, was read primâ vice.
Nota, That Cambridge is here ranked before
Oxford in the title of this Bill.
Nine Bills were brought up to the Lords from
the House of Commons; of which the third being the Bill against the bringing in and putting
in Execution of Bulls, &c. from the See of Rome,
was returned (as it seemeth) not expedited;
for the Journal-Book doth not set it down conclus., as in like Cases is usual.
The Earl of Sussex, the Earl of Bedford, the
Earl of Winchester, the Bishop of Ely, the Lord
Burleigh, and the Lord Wentworth, were appointed to confer with certain of the House of Commons about the Bill of Tellors, &c.
The Bill for increase of Tillage, and maintenance of the Navy, was referred to Committees; of which two were Viscount Hereford, and
Viscount Mountague, but no mention is made
of the reading of it; of which nature see a like
President on Saturday the 21th day of April foregoing.
Dominus Custos magni Sigilli continuavit præsens Parliamentum usq; in diem Sabbati horâ
Octavâ.
On Saturday the 12th day of May, the Bill
for two Fifteenths and Tenths, and one Subsidy
granted by the Laity, was read primâ vice.
Seven Bills were brought up to the Lords from
the House of Commons; of which one was the
Bill to restrain the Oppression of Common Promoters; and another for the maintenance of Navigation.
Four Bills also had each of them one reading,
of which the third being the Bill for Restitution in Bloud of the Children of Sir Thomas
Wyatt Knight, was read tertiâ vice, & conclusa.
The Bill lastly, against the bringing in of
Bulls, &c. was committed to the Lords, that
were in the Committee for the Bill of Treasons;
who were appointed on Saturday the 5th day of
this instant May foregoing, to confer therein in
certain points, with certain of the House of
Commons.
Dominus Custos magni Sigilli continuavit præsens Parliamentum usq; in diem Lunæ prox. horâ
Octavâ.
May the 13th Sunday.
On Monday the 14th day of May, Nine Bills
of no great moment, had each of them one
reading; of which the second being the Bill for
one Subsidy and two Fifteenths and Tenths, granted by the Laity, was read secundâ vice. Vide
May 16. postea, The reason why no Commitment. And the last for Orders for Bankrupts,
was read Secundâ vice & commissa ad ingrossandum.
Three Bills which passed this day with the
Bill for Restitution in Bloud of the Children of
Sir Thomas Wyatt Knight, were sent to the House
of Commons by Mr Sollicitor, and Doctor
Lewis.
The Bill for respite of Homage, was referred
to Committees, but no mention made of the
reading of it; of which see a like President on
Saturday the 21th day of April foregoing.
Dominus Custos magni Sigilli continuavit præsens Parliamentum usque in diem Crastinum horâ
Octavâ.
On Tuesday the 15th day of May, Five Bills
had each of them one reading; of which the first
being the Bill for one Subsidy and two Fifteenths
and Tenths, granted by the Laity, was read secundâ vice, & conclusa.
Five Bills were brought to the Lords from the
House of Commons, of which one was for the
Confirmation of the Attainder of Charles Earl
of Westmerland, and Thomas Earl of Northumberland and others, with a Proviso and Amendments. And another was the Bill for the Town
of Lestwithiell in the County of Cornwall.
The Bill lastly against Simony was read Secundâ
vice, and committed to the Earl of Huntington,
the Earl of Bedford, the Bishop of Winchester,
the Bishop of Ely, the Bishop of Salisbury, the
Bishop of Lincoln, the Lord Burleigh, the Lord
Shandois, the Lord Hastings, and the Lord Hunsdon: And to the same Committees was likewise committed the Bill against corrupt Presentations.
Dominus Custos magni Sigilli continuavit Præsens Parliamentum usque in diem Crastinum horâ
Octavâ.
On Wednesday the 16th day of May, Three
Bills of no great moment, had each of them one
reading; of which the third being the Bill touching Orders for Bankrupts, was read tertiâ vice, &
conclusa, and sent to the House of Commons, by
Doctor Yale, and Doctor Huick.
The Proviso and Amendments required by the
House of Commons, to be put in the Bill for
Confirmation of the Attainder of the Earls of
Westmerland and Northumberland, &c. were thrice
read, and the Lords gave their Assent thereunto.
The Amendments likewise in the Bill for Constats and Exemplifications of Letters Patents,
being thrice read, the Lords also gave their
Assents.
Dominus Custos magni Sigilli Continuavit præsens Parliamentum usq; in horam secundam post
Meridiem.
About which hour the Lord Keeper and divers other Lords, both Spiritual and Temporal,
meeting; thirteen Bills of no great moment, had
each of them one reading; of which the third
touching Dilapidations, the fifth for Confirmation of a Subsidy granted by the Cleargy, and the
twelfth that no Hay or Plate shall cross the Seas,
were each of them read the second time, and ordered to be ingrossed.
And of the said Bills the second being to Litense the Earl of Leicester to Erect on Hospital,
the fourth for the making of the River of Welland Navigable, the eighth for the maintenance
of Navigation, and the tenth for the continuance of making of Caps, were each of them read
secundâ vice; but no mention is made, that they
were either ordered to be ingrossed, or referred
to Committees, of which there can be but two
Reasons; the first, that the Lords deferred the
committing or ingrossing thereof until some
other time, as fell out before in the Bill touching
the Commission of Sewers; which being read
secundâ vice, on Friday the 2d day of April foregoing, was referred to a Committee the day following (although sometimes it may be omitted
likewise through the negligence of the Clerk of
the Upper House) or else another reason there
may be, that such Bills having passed the House
of Commons, and being sent up to the Lords
fairly ingrossed in Parchment, can be no more
ingrossed, neither do the Lords ordinarily refer
such Bills to Committees, unless there be very
great Cause, in respect that each House holding
correspondency with other, they do not willingly submit that to the agitation of a private
Committee, which hath been allowed and approved by the wisdom of a whole House.
There may also lastly a third reason be assigned, in some extraordinary Cases, as this; where
Bills of Grace, viz. for the Restitution in Blood
of any, and such like, were sent to the House
from her Majesty fairly ingrossed in Parchament,
and Signed with her Hand, which for the most
part do pass the House, without any stop or
question.
On Thursday the 17th day of May, to which
day the Parliament had been last continued by
the Lord Keeper on the day foregoing, Six Bills
of no great moment, had each of them one
reading; of which the first touching Morrice
Rodney Esq;, the second for the Town of Lestwithiell in the County of Cornwall, and the last
to discharge Sheriffs of the Dyets of the Justices
of Assize, were each of them read the second
time; but no mention was made, that they
were either Ordered to be ingrossed, or referred
to Committees; of which see the reason at
large discussed on the day foregoing, fitly suiting
to this present occasion.
Three Bills also of the Aforesaid six, had each
of them their third reading, and passed the
House; of which the first was the Bill for Restitution in Blood of Henry Brereton Esquire, and
the second to License the Earl of Leicester to
found an Hospital.
Seven Bills of no great moment, were brought
from the House of Commons; of which the
first being the Bill whereby certain offences are
made Treason, was returned conclusa, with requests that it might be fair written again, which
the Lords performed accordingly on Tuesday the
21th day of this instant May ensuing.
Three Bills also had each of them one reading;
of which the last being the Bill for coming to
Church, and receiving the Communion, was read
tertiâ vice, & conclusa, dissentientibus Comitibus
Wigorn. & Southampton., & Dominis Windfor
& Vaux.
Dominus Custos magni Singilli continuavit præsens Parliamentum usq; in boram secundam post
meridiem.
About which hour the Lord Keeper and divers other Lords, both Spiritual and Temporal,
meeting, six Bills of no great moment, had each
of them one reading; of which the first being
the Bill for the increase of Tillage, and maintenance of the Navy, was read the second time,
and referred to the Committees; of which two
were Viscount Hereford, and Viscount Mountague.
The Bill also for the Town of Bristol, was read
the second time; but there is no mention made,
that it was referred to Committees, or ordered
to be ingrossed, because it had been sent up to
the Lords, from the House of Commons, on Tuesday the first day of this instant May foregoing;
of which see a like President on Wendesday the
16th day of the same Month, immediately preceeding.
Dominus Custos magni Sigilli continuavit præsens Parliamentum usq; in diem Sabbati bora nona.
On Saturday the 19th day of May, Eight Bills
of no great moment, had each of them one reading; of which the fourth being the Bill for
avoiding of delays upon Vouchers in real actions, was read primâ vice, and was thereupon
committed to the Lord Dier, Chief Justice of
the Common-Pleas, and other the Justices, to
consider thereof; and the fifth being the Bill
touching the Town of Southampton, was read
tertiâ vice, & conclusa, with certain Corrections and Amendments thereunto added by the
Lords.
Two Bills were brought up to the Lords from
the House of Commons; of which the first being the Bill for the preservation of Timber and
Wood, was read primâ vice.
The Bill for Southampton, the Bill for the Subsidy of the Clergy, and Fugitives over the Seas,
were delivered to Doctor Lewis, and Doctor
Yale, to be carried to the House of Commons.
Dominus Custos magni Sigilli continuavit præsens Parliamentum usq; in boram secundam post
Meridiem.
About which hour the Lord Keeper and divers other Lords meeting, Six Bills of no great
moment, had each of them one reading; of
which the third being the Bill to restrain the oppression of common Promoters; and the last
for the avoiding of Perjury in Clerks Convict,
were each of them read Secundâ vice; but no
mention is made, that they were ordered to be
ingrossed, or referred to the Committees, because
they had been formerly sent unto the Lords
from the House of Commons, on Saturday the
12th day, and on Tuesday the 15th day of this
instant May foregoing; of which see a like Pre
sident on Wednesday the 16th day of the said
Month of May preceeding.
Dominus Custos magni Sigilli continuavit præsens Parliamentum usq; in diem Lunæ prox. borâ
nonâ.
May the 20th Sunday.
On Monday the 21th day of May, Eight Bills
had each of them one reading; of which the
last being the Bill against Vagabonds, and for relief of the Poor, was read Secundâ vice; but no
mention is made, that it was either ordered to be
ingrossed, or referred to Committees, because
it had been sent up unto the Lords from the
House of Commons, on Saturday the 19th day
of this instant Month of May preceeding; although it be there omitted.
The second of the said eight Bills, being for
the preservation of Wood, was read the second
time, and committed unto divers Lords, and
unto the Queens Sollicitor.
The Bill for Confirmation of a Subsidy granted by the Clergy, was returned by the Lords
from the House of Commons conclasa.
Dominus Custos magni Sigilli continuavit præsens Parliamentum usq; in boram secundam post
Meridiem.
About which hour the Lord Keeper and divers other Lords, both Spiritual and Temporal
meeting; Three Bills of no great moment, had
each of them one reading; of which the second
being the Bill for the Commutation of Penance
in Clerks Convict, was read secundâ vice, & commissa unto the Earl of Hereford, Viscount Hereford, the Bishop of Winchester, and the Bishop
of Worcester.
Dominus Custos magni Sigilli continuavit præsens Parliamentum usq; in diem proximum borâ
Octavâ.
On Tuesday the 22th day of May, the Bill to
make the Lands and Tenements of Tellors, &c.
liable to the payment of their Debts, was read
tertiâ vice & conclusa & missa in Domum Communem by Doctor Lewis and Doctor Yale, together with the Bill of Treasons, newly written out
and examined by six of the Lords, according to
the request of the House of Commons on Thursday the 17th day of this instant May foregoing;
viz. the Earl of Huntington, the Earl of Bedford, Viscount Mountague, the Bishop of Worcester, the Bishop of Salisbury, and the Bishop of
St Davids.
Two Bills also of no great moment, had each
of them one reading; of which the second being the Bill to restrain the oppression of common
Promoters, was read tertiâ vice, & conclusa, with
certain Amendments added thereunto.
Five Bills were brought up to the Lords from
the House of Commons; of which the first was
the Bill to make the River of Welland Navigable, the second against Simony; the third for
the severance of Sheriffs in the Counties of Bedford and Buckingham; the fourth for the erection
of a Grammar-School and writing-School in the
Borough of Southwark; and the last for the making of William Watson a free Denizen.
Dominus Custos magni Sigilli continuavit præ
sens Parliamentum usq; in boram secundam post
Meridiem.
About which hour the Lord Keeper and divers other Lords both Spiritual and Temporal,
meeting, Two Bills of no great moment, had
each of them one reading; of which the first being the Bill for the Erection of a Grammar-School
and Writing-School in the Borought of Southmark, was read primâ vice.
The Bill to restrain the Oppression of common
Promoters, was sent to the House of Commons,
by Mr Attorney and Doctor Huick.
Dominus Custos magni Sigilli continuavit præsens Parliamentum usq; in diem proximum borâ
Octavâ.
On Wednesday the 23th day of May, Two Bills
of no great moment, had each of them one
reading; of which the second being the Bill
touching Priests disguising themselves, was read
the first time.
Ten Bills were brought from the House of
Commons, the first to License the Earl of Leicester to found an Hospital; the second whereby
certain offences be made Treasons; the third
against fraudulent gifts to the intent to defeat
Dilapidations; the fourth for the paving of the
Town of Ipswich; the fifth whereby the Queens
Majesties Servants in Ordinary of her Houshold
and Chamber, shall not be returned on Juries;
the sixth against the bringing in of Foreign
Wares forbidden; the seventh for the continuance of Sheriffs of sundry Counties; the eighth
for the bringing in of Bow-staves into the Realm;
the ninth for Ministers of the Church to be sound
in Religion; and the tenth for paving of a street
without Aldgate.
Dominus Capitalis Justiciarius continuavit præsens Parliamentum usq; in boram secundam post
Meridiem.
Nota, That here the Lord Chief Justice did
continue the Parliament unto the Afternoon, by
Virtue of that Authority which was given unto
him by her Majesties Commission, under the
Great Seal of England, and set down at large
on Monday the 9th day of April foregoing.
On the said 23th day of May, in the Afternoon, Seven Bills of no great moment, had
each of them one reading; of which the third
being the Bill for the paving of a Street without Aldgate; the fourth for the bringing in of
Bowes-staves into the Realm; and the sixth for
the paving of the Town of Ipswich; were each
of them read the second time; but no mention
is made, that they were either referred to the
Committees, or ordered to be ingrossed, in respect that they had been sent up to the Lords
from the House of Commons, this present Wednesday in the Forenoon; of which see a like President on Wednesday the 16th day of this instant
May foregoing.
The last also of the said seven Bills, touching
Priests disguising themselves in strange Apparel,
was read the second time, & commissa ad ingrossandum.
Dominus Capitalis Justiciarius continuavit præsens Parliamentum usq; in diem proximum borâ
Octavâ.
On Thursday the 24th day of May, Five Bills
of no great moment, had each of them one reading; of which the first being the Bill for the
maintenance of the Navy, and for encrease of
Tillage; and the second for incorporating and
uniting of Weymouth, and Melcomb-Regis in Com.
Dorset, were each of them read Secundâ vice, &
commissæ ad ingrossand.
Eight Bills were brought up to the Lords from
the House of Commons; the first being the Bill
for coming to Church, and receiving the Communion; the second touching order for Bankrupts; the third for the Commission of Sewers;
the fourth for the appointing of two Sheriffs for
the two Counties of Huntington and Cambridge;
the fifth for the restitution in Blood of Sir Thomas Wyat's Children; the sixth, that no Hay or
Plate shall cross the Seas; the Seventh for speedy
Tryal to be had upon Issues in the Counties of
Salop. and Hereford; and the last was the Bill
for the Tryal of Felons in the twelve Shires of
Wales.
Dominus Custos magni Sigilli continuavit præsens Parliamentum usq; in boram secundam post
Meridiem.
About which hour the Lord Keeper and divers
other Lords, both Spiritual and Temporal, being
Assembled, Two Bills of no great moment, had
each of them one reading; of which the first
being the Bill for the Incorporation of both Universities, and the second for the Tryal of Felons
in the twelve Counties of Wales, were each of
them read primâ vice.
The Bill for coming to Church, and the Bill
for severance of Sheriffs in the Counties of Bucks
and Bedford, were delivered to Doctor Yale and
Doctor Vaughan, to be carried to the House of
Commons.
Two Bills also had each of them one reading;
of which the first being the Bill for the speedy
Tryal to be had upon Issues in the Counties of
Salop and Hereford, was read prima vice & commissa Justiciario Harper.
Three Bills were brought up to the Lords from
the House of Commons; the first to restrain the
oppression of common Promoters; the second
for the restitution in Blood of Henry Brereton
Esquire; and the third for John Tirrell Esq;.
The Bill for the paving of the Town of Ipswich, was read tertiâ vice, & conclusa.
Dominus Custos magni Sigilli continuavit præsens Parliamentum usque in diem Crastinum borâ
Octavâ.
On Friday the 25th day of May, Three Bills
had each of them one reading; of which the first
was for the Incorporation of both Universities;
the second for the Incorporation and uniting of
Weymouth and Melcomb-Regis, in Com. Dorset;
and the third for increase of Tillage, and maintenance of the Navy; they had each of them.
their third reading; and passed upon the question. And were sent to the Commons by Mr Attorney, and Doctor Vaughan.
Five Bills also of no great moment, had each
of them one reading; of which the last being
the Bill whereby the Queens Majesties Ordinary
Servants of Houshold and Chamber, shall not
be returned on Juries, was read tertiâ vice &
reject.
Two Bills were brought up to the Lords, from
the House of Commons; of which the first being the Bill for Coming to Church, and receiving
the Communion, was returned conclusa.
Dominus Custos Magni Sigilli continuavit præsens Parliamentum usq; in boram secundam Post
Meridiem.
About which hour the Lords met, but nothing was done save only the continuance of the
Parliament by the Lord Keeper, usq; in diem
Proximum borâ Octavâ.
On Saturday the 26th day of May, Three Bills
were sent up to the Lords from the House of
Commons; of which the first being the Bill that
no Purveyor shall take Grain, Corn or Victual,
within five Miles of Cambridge and Oxford, was
returned with certain Amendments, and so the
Bill was concluded.
Two Bill also were brought from the House of
Commons; of which the first was the Bill for
the Incorporation and uniting of Weymouth, and
Melcomb-Regis in Com. Dorset; and the second
for the Town of Southampton.
The Bill touching Licences and Dispensations,
was committed to the Archbishop of Canterbury,
and others, and to Doctor Lewis, and Doctor
Huick.
The Bill lastly for limitation of the Fees of
Councellors, and others, towards the Law, was
read secundâ vice, & commissa ad ingrossandum.
Dominus Custos magni Sigilli continuavit Præsens Parliamentum usq; in boram secundam Post
Meridiem.
About which hour the Lord Keeper and divers other Lords Assembling, Three Bills had
each of them one reading; of which the second
touching the Limitation of Fees of Councellors,
and others towards the Law, was read tertiâ
vice & conclusa, and sent to the House of Commons, by Doctor Lewis, and Doctor Vaughan.
Four Bills were brought from the House of
Commons, of which the first was the Bill against
Fugitives over the Seas; the second for Incorporation of both Universities; with a new Proviso added by the House of Commons, and certain Amendments, which were thrice read and
assented unto; the third for reviving and continuance of Statutes; and the last touching corrupt Presentations.
The Bill touching severance of Sheriffs of sundry Counties, was read the second time; but
no mention is made, that it was either referred
to Committees, or ordered to be ingrossed, in regard it had been sent up to the Lords from the
House of Commons, on Wednesday the 23th day
of this instant Month of May preceeding: of
which see a like President on Wednesday the 16th
day of the same Month foregoing.
The Bill against Fugitives, was sent to the
House of Commons by Doctor Lewis and Doctor
Yale, with the latter Proviso put out, and all
other Amendments.
Three Bills were brought from the House of
Commons, the first against Fugitives over the
Seas, and the second for the increase of Tillage,
and maintenance of the Navy.
Dominus Custos magni Sigilli continuavit præsens Parliamentum usq; in diem Lunæ Prox. horâ
nonâ.
May the 27th Sunday.
On Monday the 28th day of May, Four Bills
of no great moment, had each of them their
third reading, and passed the House; of which
the first was the Bill for John Tirrell Esq;; and
the second for the increase of Tillage, and maintenance of the Navy.
Two Bills were sent at several times unto the
Lords from the House of Commons, of which
the first being for the bringing in of the River of
Lee to the North-side of the City of London, was
returned with a new Proviso, and certain Amendments added by them of the House of Commons. And the second also for the assurance of
certain Lands to the Lord Berkeley, and the Lady
Katherine his Wife, was returned with certain
Amendments and a Proviso added thereunto.
Dominus Custos magni Sigilli continuavit præsens Parliamentum usq; in boram secundam post
Meridiem.
About which hour the Lord Keeper, and divers Lords meeting, the Bill for the bringing in
of the River of Lee, to the North-side of the
City of London, was read tertiâ vice, with certain Provisoes and Amendments added thereunto
by the House of Commons, and Assented unto
by the Lords.
Dominus Custos magni Sigilli continuavit Præsens Parliamentum usque in diem Crastinum borâvice,
Octavâ.
On Tuesday the 29th day of May, the Bill
touching the Queens Majesties most Gracious,
General and free Pardon, was read Primâ vice,
& conclusa.
Dominus Custos magni Sigilli continuavit præsens Parliamentum usq; in boram secundam post
Meridiem.
About which hour the Lord Keeper, and divers other Lords Assembling, Six Bills were
brought from the House of Commons; of which
the first being for the continuance of the severance of Sheriffs in sundry Counties, and the
second to make the Lands, Goods and Chattels
of Tellors, &c. liable to the payment of their
Debts, were each of them returned conclusæ.
The Bill of the Queens Majesties general and
free Pardon, was returned conclusa.
Note that Robert Bowyer Esq; who succeeded
Sir Thomas Smith in the place of Clerk of the
Upper House, in An. 6 Jasobi Regis, in his Abridgment of the Journals of the said House, during the Queens Reign, hath in this place upon
the sending up of the aforesaid Bill of Pardon,
left this Animadversion following; viz.
It seemeth the Clerks negligence that the sending of this Bill to the Lower House, is not set
down in the Journal-Book: also by entrance of
the returning thereof, it seemeth that the same
was sent single, alone by special Messengers, and
not with the other six Bills.
Nota also, That all the following passages of
this Afternoon, excepting the entrance only of
the Dissolution of the Parliament, are all transcribed out of the Original Journal-Book of the
House of Commons, and the Speech of Sir Nicholas Bacon the Lord Keeper, was transcribed
out of a Copy thereof which I had by me; as
was also the manner of her Majesties passing the
several Acts supplied by my self, according to
the ordinary use of a former President thereof.
None of all which passages (excepting that only
touching the entrance of the Dissolution of the
said Parliament) are at all found in the Original
Journal-Book of the Upper House: But do now
come to be supplied out of those other abovementioned Manuscript Monuments; and in the
first place out of the Original Journal-Book of
the House of Commons, in manner and form following.
About four of the Clock in the Afternoon,
the Queens Majestie being sat in her Royal
Seat, in the Upper House, Mr Speaker made his
Oration, presented unto her Majesty the Book of
the Subsidy, and in the name of the whole
House, gave her Majesty most humble thanks
for her Highness general and free Pardon, and
prayed her Majesties Royal Assent unto such Acts
and Laws, as had passed both the Houses in this
Session.
This being thus transcribed out of the Original Journal-Book of the House of Commons, fol.
39. a. now follows the Answer of Sir Nicholas
Bacon, Lord Keeper of the Great Seal, at large,
which he made unto the Speakers Speech, being
transcribed out of a Copy I had by me.
Mr Speaker, The Queens Majesty hath heard,
and doth very well understand, how discreetly
and wisely you have declared the Proceedings of
this Session in the Nether House; for Answer
whereof, and for the better signification of what
her Majesties opinion is both of Parliament men
and Parliament matters; this is to let you understand, her Majesty hath Commanded me to say unto you, that, like as the greatest number of them
of the Lower House, have in the proceedings
of this Sessions shewed themselves modest, discreet and dutiful, as becomes good and loving
Subjects, and meet for the places that they be
called unto: So there be certain of them, although not many in number, who in the proceeding of this Session, have shewed themselves
audacious, arrogant and Presumptuous, calling
her Majesties Grants and Prerogatives also in
question, contrary to their Duty and place that
they be called unto; And contrary to the express Admonition given in her Majesties name, in
the beginning of this Parliament; which it might
very well have become them to have had more
regard unto. But her Majesty saith, that seeing
they will thus wilfully forget themselves, they
are otherwise to be remembred: and like as her
Majesty allows and much commends the former
sort, for the respects aforesaid, so doth her Highness utterly disallow, and condemn the second
sort, for their audacious, arrogant and presumptuous folly, thus by supersluous Speech spending
much time in medling with matters neither pertaining to them, nor within the capacity of their
understanding.
And thus much concerning the Parliament of
the Lower House.
And as to the Lords here of the Upper House,
her Majesty hath Commanded me to let you
know, that her Highness taketh their diligence,
discretion and orderly Proceedings, to be such,
as redoundeth much to their Honour and Commendations, and much to her Comfort and Consolation. And here an end touching Parliament
men.
Now as to the Parliament matters, her Majesty hath Commanded me to open and declare
unto you, her Opinion conceived therein, touching two things; the one is concerning the Subsidy and benevolence, the other is concerning
the Execution of the Laws. As to the former,
which concerneth the Subsidy and benevolence,
her Pleasure is, that I shall say unto you, that in
your dealings in that matter, she hath noted
three things principally; every of them tending
much to the setting forth of your benevolences,
and good wills; The first is, who it was that
granted, the second the manner of the granting,
the third what it was that was granted. As to
the first, her Majesty forgetteth not, that it is a
grant made proceeding from the earnest affections, and hearty good wills of her good, dutiful
and obedient Subjects, for the greatest part. And
therefore hath Commanded me to say unto you,
that she maketh a greater accompt of the great
good wills and benevolent minds of her good
and loving Subjects, than she doth of ten Subsidies; which as it ought to bring and breed in
us great comfort and delight, so in reason it
ought to move us (as I doubt not but it doth)
to be and continue such as be worthy such an
estimation and accompt. Again, her Majesty
forgetteth not, that besides this is not a Grant by
good and loving Subjects, that never made like
Grant heretofore; but by such as have contributed from time to time, as the necessary Charges of the Realm, and their own Sureties have
required; which doth much commend and set
forth this benevolence of yours. And thus much
concerning the persons that have granted.
And as to the second, which is the manner of
granting, her Highness knoweth very well, that
before her time these manner of Grants have
sundry times past, not without difficulties, with
long perswasions, and sometimes not without
sharp Speeches, but this contrariwise without any
such Speeches, or other difficulty hath been freely
and frankly offered and presented; and like as
the former did much extenuate their benevolence, so is this of yours greatly extended. It is
written and very truly, concerning Benevolences, Qui diu distulit diu noluit, and therefore
justly concluded, Bis dat qui citò dat; which
sayings she cannot but apply to you, in the proceedings of your Grant.
Again, Universality in consent doth greatly
commend also your dealings in this matter; for
a more universal consent than was in this, will
hardly be had in any; and therefore much the
more commendable. And thus much touching
the manner of the Gift.
And as to the third, which concerneth the
thing given, her Majesty faith, that she thinketh
it to be as great as any heretofore hath been
granted, and therefore you are to receive condign thanks for it. And hath further willed me
to say, that if the Service of the Realm and your
Sureties would so permit and suffer, her Majesty would as gladly, as readily, and as frankly
remit this Grant, as you have freely and liberally
granted it. Thus I have remembred unto you
the three Princely Observations, that her Majesty hath conceived of this benevolence of yours,
much to your Comfort, and greatly to her Majesties Honour; to your Commendation for
granting, and to her Highness for this honourable accepting; for her Majesty shall by this
Grant receive no Commodity or benefit, but rather a continual care in dispending and imploying of it, about the necessary Affairs and Service of the Realm, and your Sureties; and yet
it is a great Comfort to her Majesty, to see you
thus frankly and freely join with her Self, the
Realm, and You.
Now to the second and last part, which concerneth the Execution of Laws, which I mean
to divide into two parts; the first is the Execution of your Grant, the Second is the Execution
of Laws, now made by you, and of the rest
made before of others. As to the former, I am
to remember you, that like as it hath pleased the
Queens Majesty thus Princely, Honourably and
thankfully, to think of and accept this free and
liberal Grant of yours; so certainly, if the like
diligence and endeavour be not used, by such of
you as Choice shall be made of by her Majesty
for the due putting in Execution of this Grant,
then surely those that shall be thus remiss, or negligent, as by that means her Majesty and the
Realm shall be defrauded of any part of that
which hath been thus freely granted, shall thereby minister just occasion to her Highness to have
their fidelity and truth towards her Majesty,
much to be suspected and charged; which would
touch them very near. Neither is it an offence
that would be pretermitted, but severely punished. Why, if the Case were between common persons, can there be a greater untruth and
unthankfulness, than for a man to make a grant
in appearance willingly and readily, and then
to seek wilily and crastily to defraud the same
Grant? This amongst honest persons, is utterly
detested, and if so, how then might it be thought
of between the Prince and his Subjects? where for
divers respects this bond is thrice as great; for as
the Subject by the Duty of his Allegiance, is to
serve the Prince truly, even so is he by his Oath,
and so is he by the great trust, that by the Princes Choice is committed unto him, as a Commissioner in this matter, above others. Plainly
to speak, it may be affirmed, and that justly, that
such as be in Commission for the Execution of
this Grant, and shall deal partially, either for
favour, or for fear, or for love to themselves, or
their Friends, or negligently or remisly, of purpose whereby her Majesty shall not be Answered
of that that is due unto her, such I say, may justly
be charged as men forgetting their Duty towards
God, and their Soveraign, and to their Country.
It cannot be denied, that numbers respect only
their private profit, and not the universal profit
of the Realm, which is their surety and defence;
they respect themselves, as private persons, and
not as Members of the Universal Body; but their
imperfection would be supplied by the wisdom
and perswasion of such, as the Queens Majesty
shall commit trust unto by her Commission, to
see this Subsidy well and truly levied.
And thus much for the Execution of the Grant;
Now to the Execution of Laws, made by you,
and the rest made heretofore by others. I am to
remember you, that all these labours, travels and
pains taken about the Laws now made, and before time taken about the rest heretofore made,
and all the Charge sustained by the Realm about
the making of them, is all in vain, and labour
lost, without the due Execution of them. For,
as it hath been said, a Law without Execution,
is but a Body without Life, a Cause without an
Effect, a Countenance of a thing, and indeed
nothing; Pen, Ink, and Paper, are as much towards
the Governance of the Common-Wealth, as the
Rudder or Helm of a Ship serveth to the Governance of it without a Governour, and as Rods
serve for Correction without hands. Were it not
a meer madness for a man to provide fair Torches
to guide his going by Night, and when he should
use them in the dark, to carry them unlight? or
for one to provide fair and handsome Tools to
prune or reform his Orchard, or Garden, and to
lay them up without use? And what thing else
is it to make wholesome and provident Laws in
fair Books, and to lay them up safe, without seeing them Executed? Surely in reason there is no
difference between the Examples, saving that the
making of Laws, without Execution, is in much
worse Case, than those vain provisions before
remembred; for those, albeit they do no good,
yet they do no hurt; but the making of Laws
without Execution, does very much harm; for
that breeds and brings forth contempt of Laws,
and Law-makers, and of all Magistrates; which
is the very foundation of all misgovernance, and
therefore must needs be great and hainous in
those, that are the Causers of this; indeed they
are the very occasions of all injuries and injustice,
and of all disorders and unquietness in the Common-Wealth. For certain and evident it is, that
the Queens Majesty, that is Head of the Law
doth all meet for her Majesty to do, for the due
Execution of them. First, She giveth her Royal
Assent to the making of them, the most material
of them she Commandeth to be Proclaimed, and
published; and yet ceaseth not there, but she
granteth out her Commission into every of her
Shires, to men which are or should be of greatest
consideration within the limits of their Charge,
which for the better Executing of them are
Sworn to see the Execution of her Laws to them
Committed, within the Limits of their Commissions: and yet besides all this, by her Majesties Commandment, a number of these Justices
are Yearly once at the least called into her Highnesses Star-Chamber, and there in her Majesties
Name, Exhorted, Admonished and Commanded,
to see the due Execution of their Charges.
And thus you see her Majesty Enacteth, Proclaimeth, Committeth, Exhorteth, Admonisheth and Commandeth from time to time; yea,
what can be devised meet for her Majesty to do,
for help if this, that is left undone? Surely nothing, to her Majesties Honour and Renown.
Whereupon it followeth necessarily and consequently, that the whole burthen of the offence
and enormity must light upon us, that are put
in trust by her Majesty, to see those Laws Executed; and certainly this offence groweth great
or little, as the trust Committed for the Execution of Laws, is great or little; and therefore
it standeth us greatly upon, to use our whole
Cares and Endeavours, for the help of this hereafter. Were it possible, trow you, that if Justices being dispersed through the whole Realm, as
they be, did carefully and diligently endeavour
themselves, according to the Trust committed
unto them, by their Soveraign, duly and truly
to Execute their Charge, as they be bound by
their Oath to God, and by their Allegiance to
their Soveraign, and by Duty to their natural
Country, and rightly considered, by the love
they should bear to themselves and their Posterity (for if their Country do not well, they shall
fare but illfavouredly) were it possible, I say, if
this were so done, that Laws should be thus remisly and negligently Executed? No, doubtless.
Is it not (trow you) a monstrous disguising, to
have a Justice a Maintainer; to have him that
should by his Oath and Duty set forth Justice
and Right, against his Oath offer Injury and
Wrong; to have him that is specially Chosen
amongst a number by a Prince to appease all
Brawlings and Controversies, to be a Sower and
Maintainer of Strise and Sedition, by swaying
and leading of Juries according to his will; acquitting some for gain, Indicting others for Malice, bearing with them, as his Servant or Friend,
over-throwing others as his Enemy; procuring
the Questmonger to be of his Livery, or otherwise in his danger; that his winks, frownings,
and Countenances may direct all Inquests? Surely, surely, these be they that be Subverters of all
good Laws and Orders; yea, that make daily
the Laws, which of their nature be good, to become Instruments of all Injuries and Mischief;
these be they indeed of whom such Examples
would be made, as of the Founders and Maintainers of all Enormities; and these be those,
whom, if you cannot reform for their greatness,
you ought to complain of them; and like as this
is not said of those that be Good, so is this and
much more to be said and done against those that
be Evil.
But here it may be said, The mischief appears;
what is the remedy? to make all Laws presently
Executed? I can hardly hope to make them in
better Case, than now they be, and although I
had such hopes, I could find no more helps but
these.
The first is having great Care in the choice of
the Officers. The second by sharp Corrections
imposed upon such Offenders. There should be
throughout the Realm a Triennial or Biennial Visitation in this nature, made of all Temporal Officers, and Ministers, that by Vertue of their Office have in Charge to see Execution of Laws.
By this, I mean, that the Queens Majesty should
make choice every second or third year, of certain expert and approved persons, to whom Commission should be granted, to try out and examine by all good means and ways the offences of
all such as have not seen to the due Execution of
the Laws, and according to the offences so found
and certified, to be sharply punished without
Omission or Redemption.
Of effect like unto this, and to the like end,
was the Visitation of the Church first devised,
whereof came in the beginning great good
doubtless; and reason I see none, but that a
like good ought to follow upon a like Visitation
made amongst Temporal Officers. Now to find
out the faults seemeth not hard, for amongst
many other ways, there is one plain, evident and
easie; and that is where offences do abound in
any Country, contrary to the Laws, which the
Justices should so reform, and there be nothing
done by them for the Reformation of those offences; I do not see but this makes a full charge
of their uncarefulness and negligence, whereby
they are well worthy, upon Certificate made, as
is aforesaid, to be removed of all Governance, to
their perpetual ignominy, and to the Commendation of all those that remain as good Officers.
And besides, to set forth other pains upon
them, as by Law may be justified; if this were
once or twice done, I doubt not but the Examples following of the doing of it would cause
greater diligence to be used in the Execution of
Laws, than now there is. And the better to understand which be those Justices that do offend,
why might there not be order taken, that the
name of every Justice that hath not prosecuted
any Offender, for any offence committed contrary to any Law, which by the Commission that
he is in, he is authorized to see punished, might
be entred into some Rolls; and also how often,
and how many of those kind of offences he hath
also prosecuted for a declaration of his diligence,
whereby it might appear when such Visitation
should come, who hath been careful, and who
hath been negligent, to the end that the slothful, drowzy Drones, might be severed from the
diligent and careful Bees. And like as I could
wish this to be done concerning Offices of mean
degree; so do I desire that the same course
might be taken with the great and greatest;
for so it should be Equable. But if there be
nothing done therein, but things left as they
have been, then must you look to have your
Laws Executed as they have been, if not
worse; for words will not reform these matters,
as I have seen by proof. And this is the sum of
what I have to say at this time, concerning the
Execution of Laws.
This Speech of the Lord Keepers being thus
transcribed out of the before-mentioned Copy
thereof, now follows the manner of her Majesties
giving her Royal Assent to such Acts as passed, as
it is set down in the end of the Original JournalBook of the Upper House, in an. 39 Reg. Eliz.
although it be omitted in that of this present Parliament.
The Title of the Bill of Subsidy being read
after the publick and private Acts; the Clerk of
the said House standing up, did read the Queens
Answer in manner and form following.
La Roigne remercie ses Loyaulx Subjects, accepte
lour benevolence, & ainse le veult.
The said Clerk having read the Queens acceptance, and thanks for the Subsidy given as
aforesaid, did then upon the reading of the Title of her Majesties Pardon, pronounce in these
French words following, the thanks of the Lords
and Commons for the same.
Les Prelats, Seigneurs & Communes, en ce present Parliament Assembles, an nom de touts vos antres Subjects, remercient tres humblement vostre
Majesty, & prient à Dieu qu' il vous done &
Santé, bone vie & longe.
To every one of the publick Acts allowed by
the Queen, the Clerk of the Parliament read
these French words following.
La Roigne le veult.
To every private Act that passed, the said
Clerk read the Queens Answer, in these French
words following:
Soit fait come il est desiré.
These two last Answers to the publick and private Acts, that passed, are to be written by the
said Clerk, at the end of every Act.
To such Acts, as her Majesty doth forbear to
allow, the Clerk of the Parliament reads these
French words following; viz.
La Roigne s' advisera.
Her Majesty finally having given her Royal
Assent to twenty eight publick Acts, and thirteen private, Dissolved the Parliament, which
is Entred in the Original Journal-Book of the
Upper-House, in manner and form following; viz.
Dominus Custos magni Sigilli ex mandato Dominæ Reginæ Dissolvit præsens Parliamentum.