Journal of the House of Lords
May 1571

Sponsor

History of Parliament Trust

Publication

Author

Sir Simonds d'Ewes

Year published

1682

Pages

145-154

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'Journal of the House of Lords: May 1571', The Journals of all the Parliaments during the reign of Queen Elizabeth (1682), pp. 145-154. URL: http://british-history.ac.uk/report.aspx?compid=43683 Date accessed: 02 September 2014.


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Contents

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.