March 1585
On Monday the first day of March, to which
day the Parliament had been on Saturday last
continued, Four Bills of no great moment had
each of them one reading; of which the first
being the Bill for returning of sufficient Jurors
for the better expediting of Trials was read tertia vice and concluded.
The Master of the Rolls and Mr Serjeant Rodes
were appointed Committees to hear the matter
between Mr Vinion and Mr Tredolias Leza and
his Wife, and Commission given to the said
Committees to end the matter between the Parties if they could; and if they could not, then
the Parties with their Councel to be before the
Lords at this House upon Thursday next.
Two Bills lastly had each of them one reading; of which the first being the Bill against
Jesuits, Seminary Priests, &c. was read secunda
vice, with certain Amendments, and a Proviso
added by the Lords.
On Wednesday the third day of March, to
which day the Parliament had been last continued on Monday foregoing, Four Bills of no
great moment had each of them one reading; of
which the first being the Bill against Jesuits, Seminary Priests, &c. with the Amendments and
Provisoes added by the Lords, was read tertia
vice & conclusa, and sent to the House of Commons by Serjeant Rodes and the Queens Attorney.
Two Bills also were sent up to the Lords from
the House of Commons; of which the last was
the Bill for the repairing and maintenance of the
Sea-Banks and Sea-Works on the Sea-Coast in the
County of Norf.
Committees were appointed to hear the matter between the Lord Willoughby and Mr Heronden, who were chosen by the Parties themselves,
viz. the Earl of Kent and the Lord Zouch for
the Lord Willoughby, and Viscount Mountague
and the Lord Cobham for Mr Heronden. And the
Lords further Ordered that the said Lords Committees should end the matter between the said
Parties if they could.
Committees lastly were this day Chosen to
examine the Record touching passing Amendments of Amendments moved by the House of
Commons, viz. the Lord Treasurer, the Earl of
Suff. Viscount Mountague, the Bishop of Winchester, the Lord Hunsdon, the Lord Buckhurst,
the Master of the Rolls and Mr Attorney, about
the Bill for the better and more reverent observing of the Sabbath day; to which the House
of Commons had added Amendments upon Amendments. The Precedents they named were
the Bills for Treasons and bringing in of Bulls,
Acts passed in Anno 13° of the Queen.
Nota, That this Bill concerning the Sabbath,
as hath been before observed, was long in passing the two Houses, and much debated betwixt
them, being committed, and Amendments upon
Amendments added unto it, which as appeareth
in this place was the cause of some Disputation
between the Lords and the said Commons. Of
the other several Passages of this Bill Vide on
Monday the 7th day, Tuesday the 8th day, Wednesday the 9th day, Monday the 14th day, and
on Saturday, the 19th day of December foregoing;
As also on Thursday the 4th day, Saturday the 6th
day, and on Saturday the 13th day of this instant
March following.
Nota also, That the Master of the Rolls and
the Queens Attorney being no Members of the
Upper House are here made joint-Committees
with the Lords.
On Thursday the 4th day of March, Three Bills
of no great moment had each of them one reading; of which the first being the Bill for the assurance of certain Lands in the Counties of Norfolk, Suff. Lincoln and Warwick unto the Lord
Willoughby of Willoughby and Erisby against the
Heirs and Assigns of Mr Heronden was read tertia
vice & conclusa, and sent to the House of Commons by Serjeant Gawdy and Serjeant Rolls.
Memorandum, That this day before the passing
of my Lord Willoughbies Act, Edward Heronden
came before the Lords and gave his Assent thereunto. Vide concerning this matter on Wednesday the third day of this instant March foregoing.
Saturday next was appointed by the House for
the appearance of Mr Oughtred and the Earl of
Sussex, and Viscount Mountague, appointed to
talk with the Lady Marchioness about the assurance of her Jointure by a Parliament.
Nota, That this matter was formerly debated
on Tuesday the 7th day of March in the last Parliament de anno 23 Reginæ Eliz. and before also
in this present Parliament on Tuesday the 9th day
of February last past, when Committees were appointed about it. Vide also on Monday the 29th
day of this instant March following.
Mr Vinions matter (of which Vide antea on
Monday the first day of this instant March foregoing) was again referred to the Master of the
Rolls and Mr Serjeant Rodes.
The Bill lastly for redress of erroneous Judgment in the Kings-Bench was read tertia vice &
communi omnium procerum assensu conclusa.
Sir Christopher Wray Knight, Lord Chief Justice of England brought in also a certain Record
touching a Writ of Error according to a Bill preferred to her Majesty and Signed with her Highness hand, concerning the same. Which see at
large on Monday the 8th day of this instant
March following. For though it was this day
brought into the Upper-House, yet it is likely it
was not there publickly read until the said Monday, and therefore it is Entred at large on that
day in the Original Journal-Book upon which it
was read, and not upon this day when it was
brought into the House by the Lord Chief Justice
as aforesaid.
On Friday the 5th day of March, Seven Bills
of no great moment had each of them one reading; of which the second being the Bill for following of Hue and Cry was read tertia vice &
communi omnium procerum assensu conclusa.
On Saturday the 6th day of March, Four Bills
were brought up to the Lords from the House
of Commons; of which the last was the Bill for
the better and more reverent observing of the
Sabbath; to which the Lords having formerly
added some Amendments, had sent it back to the
House of Commons (where it first passed on
Monday the 14th day of December foregoing.)
And upon this instant Saturday the said Commons sent it back again to the Lords with new
Amendments upon their Amendments; which
said new Amendments of the Commons their
Lordships did this Morning pass without further
Disputation, having read them prima, secunda
& tertia vice.
Vide concerning this Bill of the Sabbath on
Monday the 7th day, Tuesday the 8th day, Wednesday the 9th day, Monday the 14th day, and
Saturday the 19th day of December foregoing:
As also on Wednesday the third day of this instant
March last past, and on Saturday the 13th day
of the same Month ensuing. In all which days it
will appear fully how hardly and difficultly it
passed either House. And yet at last when it
was agreed on by both the said Houses, it was
dashed by her Majesty at the last day of this
Parliament, upon that prejudicated and ill followed Principle (as may be conjectured) that
she would suffer nothing to be altered in matter
of Religion or Ecclesiastical Government. Vide
itidem on Thursday the 18th day of this instant
March following.
Memorandum, That whereas Ferdinando Clark
one of the Ordinary Gentlemen of the Right
Honourable Robert Earl of Leicester Lord Steward, was committed to the Prison commonly
called the Kings-Bench, upon a Reddit se in the
Kings-Bench, for the discharge of his Sureties,
since the beginning of this present Parliament, the
Lords at the Motion of the Lord North, in the
name of the Lord Steward claiming the ancient
priviledge of this High Court, after the hearing
of the Cause between the said Ferdinando and
one John Lacy Citizen of London, Ordered, that
the said Ferdinando by vertue of the priviledge
of this High Court should be enlarged and set
at liberty. And further for as much as the said
Ferdinando was not Arrested in Execution at the
Suit of the said John Lacy, but was committed
after Judgment by the Lord Chief Justice and
the rest of the Justices of the Kings-Bench upon
a Reddit se for discharge of his Sureties and their
Bonds, the said Lords Ordered, that touching
the sum of money recovered by the said John
Lacy against the said Ferdinando Clark, should
stand to such order and mitigation therein as the
said Lord Chief Justice of the Kings-Bench shall
set down and order for the same. And further
Ordered, that the appearance of the said Ferdinando Clark by rendring himself into the said
Court of Kings-Bench, was and should be a sufficient discharge of his Sureties and their Bonds,
and that the Bonds should be redelivered. And
it was further Ordered, that . . . . . Catesby, Marshal of the Kings-Bench, should be discharged
of the Prisoner and of any Action that might
be brought against the said Marshal for the
same.
On Monday the 8th day of March, to which
day the Parliament had been last continued on
Saturday foregoing, the Record touching a Writ
of Error (which the Lord Chief Justice had
brought into the Upper House on Thursday the
4th day of this instant March foregoing) was
Entred in the Original Journal-Book, and as it
should seem read publickly in the House, being
in manner and form following.
Memorandum quod Christopherus Wray Miles
Capitalis Justiciarius de Banco Regis secum adduxit in Cameram Parliamenti inter Dominos Breve
de errore & Billam per Reginam indorsat' & Rotul' in quibus supponebatur error, & ibidem reliquit
transcriptum totius Recordi cum Clerico Parliamenti
simul cum prædicto Breve de Errore in Parliamento.
Et super hoc venerunt Richardus Harbert, Johannes Awbery, Willielmus Filian & Simon
Browne in propriis personis suis in Parliamento, &
statim dixerunt quod in Recordo & processu prædictis, ac etiam in redditione Judicii prædicti manifestè est erratum in hoc, quod postquam Judicium
prædictum in loquela hac versus præfatum Thomam
Gonnel redditum suit, & antequam prædictus Joh.
Hunt hunc prosecutus suit & impetravit prædictum primum breve de scire fcias versus præfatum
Richardum Harbert, Johannem Awbery, Willielmum Filian & Simonem Browne Manucaptores
prædicti Thomæ Gonnell, nullum breve de Cap. ad
satisfaciendum pro debito & damnis prædictis per
præfatum Johannem Hunt in placito prædicto prosecutum & returnatum suit versus præfatum Thomam Gonnell, ubi per consuetudinem Curiæ dictæ
Dominæ Reginæ coram ipsa Regina ac tempore cujus contrarii memoria hominum non existit, in eadem usitat & approbat' breve de Cap. ad satisfaciendum versus eundem. Tho. Gonnell pro debito &
damnis prædictis in placito prædicto prosequi & returnari deberet, antequam aliquod breve de scire facias
versus manucaptores prædictos in loquela illa impetrari seu prosequi deberet, licet consuetudo & forma
captionis recognitionum in Curia prædicta usæ fuerunt in forma prædicta, viz. Si contigerit eundem
Thomam Gonnel in placito prædicto convinci, tunc
iidem Manucaptores concesserunt & quilibet eorum
per se concessit tam debitum prædictum quàm omnia
hujusmodi damna nunc & custag' quæ præfato Johanni Hunt in ea parte adjudicentur, de terris &
Catallis suis & eorum cujuslibet fieri, & ad opus
prædicti Johannis Hunt levari, si contigerit prædictum Thomam Gonnell debitum & damna illa
præfato Johanni Hunt minimè solvere, ant si prisonæ Marescal' Dominæ Reginæ coram ipsa Regina
ea occasione non reddere, &c. Et petunt iidem Richardus Harbert, Johannes Awbery, Willielmus
Filian & Simon Browne, quod Judicium prædictum & processus super brevia prædicta de scire fac'
prosecut' in Curia dict' Dominæ Reginæ coram ipsa
Regina revocetur, adnulletur & penitus pro nullis
habeatur. Et super hoc Domini per Consilium Justiciariorum post longam & maturam deliberationem
uno consensu adjudicaverunt . . . . . quod judicium
prædictum & processus super brevia prædicta de
scire fac' prosecut' in Curia dictæ Dominæ Reginæ
coram ipsa Regina revocetur, adnulletur & penitus
pro nullis habeatur.
On Wednesday the 10th day of March, to
which day the Parliament had been on Monday
last continued, Eight Bills of no great moment
had each of them one reading; of which the first
being the Bill for Confirmation of Letters Patents,
made unto the Dean and Chapter of Norwich,
was read Prima vice.
Six Bills also were brought up to the Lords
from the House of Commons; of which the first
being the Bill for Provision to be made for the
Surety of the Queens Majesties most Royal Person and the continuance of the Realm in Peace,
was read prima vice.
On Thursday the 11th day of March, Six Bills
had each of them one reading; of which the
first being the last recited Bill for Surety of the
Queens Royal Person, &c. was read secunda
vice. And the second being the Bill for the good
Government of the City and Borough of Westminster in the County of Middlesex was read tertia vice, with a Schedule and certain Amendments,
quæ communi omnium procerum assensu conclusa &
dat' Doctori Barkeley & Servienti Rolls in Domum Communem deferend.
Then the Lord Chancellor continued the Parliament unto two of the Clock in the Afternoon.
About which hour the Lords Spiritual and Temporal meeting six Bills of no great moment had
each of them one reading; of which the second
being the Bill concerning the Lady Marchioness
of Winchesters Jointure, was read secunda vice &
commissa to the Master of the Rolls, and the Lord
Chief Justice of the Common-Pleas.
For as much as in the matter depending now
in Parliament by Writ of Error brought by John
Akerode, Thomas Stanfeild and divers others, against Richard Whalley Defendant, for reversing
of certain Errors supposed by the said Plaintiff to
be in the said Defendants Grandfathers form of
Pleading, and other things in his Recovery of
the Mannor of Eringden in the County of York;
it hath appeared to this honourable Court by
the Certificate of the Lords Chief Justices, the
Master of the Rolls and others, being by this
Honourable Court appointed Committees to
hear and examine the matter privately before
them, that the Writ of Error and the scire facias
are insufficient in Law for divers Causes opened
to this Court. Therefore it is Ordered by the
Lords that the same Writ of Error shall abate,
and the Plaintiffs to pursue their further remedy
as they shall thing good.
On Saturday the 13th day of March, to which
day the Parliament had been on Thursday last
continued, the Bill for Provision to be made for
the Surety of the Queens Majesties most Royal
Person, and the continuance of the Realm in
Peace was read tertia vice, quæ communi omnium
Procerum assensu conclusa, with one amendment in
the 44. line, that is after this word [left] put
out [so as] and in place thereof put in [foreseeing that.] This amendment was made after
the third reading, and before the Bill was put
to the question, and was delivered to Doctor
Barkeley and Serjeant Rodes to be carried to the
Lower House, with the Bill for the better observing of the Sabbath day; with request, for
that there are whole Sentences inserted into the
said Bill for the Sabbath day, and the Bill would
remain a very foul Record, it might be fair
written again. Vide concerning this Bill of the
Sabbath on Wednesday the third day, and on Saturday the 6th day of this instant March foregoing.
Two other Bills lastly of no great moment
had each of them one reading; of which the
second being the Bill for Oxford-Haven was read
tertia vice & expedita.
Four Bills lastly were brought up to the Lords
from the House of Commons; of which the first
was the Bill of one entire Subsidy and two Fifteenths granted by the Temporalty.
On Monday the 15th day of March, to which
day the Parliament had been on Saturday last
continued, prima, secunda & tertia vice lecta est
schedula of the amendments of the Bill against
Jesuits sent from the House of Commons, quæ
communi omnium procerum assensu conclusa est, with
an Addition to the said Schedule added by them
of the House of Commons, & data Doctori
Barkeley & Servient Rolles in Domum Communem deferend.
Six several Bills also of no great moment had
each of them one reading; of which the first
being the Bill for Confirmation of the Subsidy
of six shillings in the pound granted by the
Clergy, was read prima vice & commissa ad ingrossandum.
Three Bills lastly were sent up to the Lords
from the House of Commons, of which the first
was the Bill for the renewing, continuance, explanation and perfecting of divers Statutes.
Then the Lord Chancellor continued the Parliament unto two of the Clock in the Afternoon,
about which time the Lords Spiritual and Temporal Assembling, Four Bills of no great moment had each of them one reading; of which
the first being the Bill for the payment and satisfaction of the Debt of William last Lord Marquess of Winchester deceased, due to the Queens
Majesty, was read prima vice.
On Tuesday the 16th day of March, Seven
Bills of no great moment had each of them one
reading; of which the first being the Bill for
the incorporation of Christs Hospital was read
tertia vice & communi omnium procerum assensu
conclusa, & data Doctori Barkeley & Servienti
Rodes in Domum Communem deferend. And the
second being the Bill to give her Majesty Authority to alter and new make a Kalendar according to the Kalendar now used in other Countries, was read prima vice.
Four Bills also of no great moment were
brought up to the Lords from the House of Commons; of which the first was the Bill whereby
Marriage was declared lawful at all times of the
Year.
Two other Bills were lastly read each of them
secunda vice; of which the last being the Bill
for the grant of one entire Subsidy and two Fifteenths granted by the Temporalty was read secunda vice.
About two of the Clock in the Afternoon, to
which hour the Lord Chancellor had in the Forenoon continued the Parliament, the Lords Spiritual and Temporal meeting, nine Bills of no
great moment had each of them one reading; of
which the first being the Bill for the Haven of
Plymouth, was read secunda vice.
The Amendments lastly in the Bill concerning
the Hospital of East-Bridge, were read prima,
secunda & tertia vice, & conclusæ diffentientibus
Vicecomite Mountague & Comite Hertford.
On Wednesday the 17th day of March, Four
Bills of no great moment had each of them one
reading; of which the first being the Bill of one
entire Subsidy and two Fifteenths granted by the
Temporalty, was read tertia vice & communi
omnium Procerum assensu conclusa. The fourth
also being an Act for the assurance of certain
Lands unto the Lord Hunsdon, was read secunda
vice & commissa ad ingrossandum.
After which Robert Elrington and Alice his
Wife, mentioned in the said Bill touching the
Lord Hunsdons assurance, came into the House,
and gave their consent to the passing of the said
Bill.
The Bill against the making of Starch was
brought up to the Lords from the House of Commons, and had its first reading.
After which lastly three Bills of no great moment had each of them one reading; of which
the first being the Bill for bringing in of Staple
Fish and Herrings into the Realm, was read secunda vice.
On Thursday the 18th day of March six Bills of
no great moment had each of them one reading;
of which the first being the Bill for the assurance
of certain Lands to the Lord Hunsdon, and the
second being the Bill touching the breadth of
white Woollen Clothes made within the Counties of Wilts, Glocester and Oxon' with the amendments, were each of them read tertia vice & conclusæ & datæ servienti Rodes. It should seem
that these Bills were delivered to him to carry
down to the House of Commons, although so
much be not expressed.
There were also brought up to the Lords
from the House of Commons four Bills of no
great moment; of which the first being the Bill
that Parsonages impropriate may be disposed to
godly and charitable uses, and the third for the
better and more reverent observing of the Sabbath day, were each of them read the first
time.
Vide concerning this Bill of the Sabbath on
Saturday the 6th day of this instant March foregoing. But what the intent or scope of this Bill
was, (her Majesty refusing to pass it upon the
last day of this Parliament) cannot be certainly
set down, it being not now remaining in the
bundle of the Acts de Anno isto 27 Reginæ Eliz.
in the Clerk of the Upper House his Office: in
which said bundle I searched for it on Thursday
the 8th day of October in the year 1629.
About two of the Clock in the Afternoon, to
which hour the Lord Chancellor had in the Forenoon continued the Parliament, Proceres tam
Spirituales quàm Temporales, quorum nomina subscribuntur, præsentes fuerunt, and so is the entrance
of every sitting in the Afternoon upon such continuance, ut supra, viz. the same form which is
used in entring the sitting of the House in the
Forenoon, which for brevity is in this Collection
elsewhere omitted.
Two Bills had this Afternoon each of them
one reading; of which the first being the Bill
against covenous and fraudulent Conveyances
with certain amendments was read tertia vice.
On Friday the 29th day of March five Bills of
no great moment had each of them one reading
of which the first being the Bill against covenous
and fraudulent Conveyances with the amendments was read tertia vice, & communi omnium
Procerum assensu conclusa & data servienti Rodes
& Doctori Barkeley in domum communem deferend.
Nota, That this Bill is said to have been read
tertia vice in the Afternoon of the day past which
was Thursday, and therefore it could not be now
read again: but to reconcile this difference, it
should seem the Bill it self had then its third reading, and the amendments but the second; and
this day the said amendments passed upon the
third reading: but the Bill it self which had passed yesterday, was no more read, which by the
negligence of Mr. Mason, at this time Clerk of
the Parliament, was suffered to be set down thus
confusedly in the Original Journal-Book, and so
to stand.
On Saturday the 20th day of March the Bill
for the explanation of the Statute made Anno 13
of the Queens Majesty, entituled An Act to make
the Lands, Tenements, Goods and Chattels of
Receivors, &c. liable to pay their debts, was read
prima, secunda & tertia vice, & communi omnium
Procerum assensu conclusa.
Three other Bills of no great moment had
each of them one reading.
There were also brought up to the Lords from
the House of Commons nine Bills; of which the
first was an Act for the good Government of the
City and Borough of Westminster, and the second
being for the Subsidy of the Clergy was returned
and expedited.
The Lord Bishop of Exeter shewed unto the
Lord Chancellor Sir Francis Walsingham's Letter
dated at the Court this 14th day of March 1584.
importing her Majesties licence for the said Bishop to depart home to his charge.
Nota, That it appeareth not by the Original
Journal-Book, whether the Bishop of Exeter aforesaid, absenting himself for this time from the
Parliament by her Majesties licence, did constitute any Proctor or no, and it should seem that
he did not, because his departure from it was
but for some few weeks during the last sitting
thereof, and that also in open Parliament, and
as it were with the allowance also of the rest of
the Lords.
On Monday the 22th day of March, to which
day the Parliament had been on Saturday last
continued, six Bills of no great moment had each
of them one reading; of which the first being the
Bill for reformation of Errors in Fines and Recoveries in the twelve Shires of Wales with a Proviso added by the Lords from the Earl of Kent,
was read tertia vice & communi omnium Procerum
assensu conclusa & data Doctori Barkeley & servienti Rodes in domum communem deferend'.
The Bill to make a Fine levied by Peter Heame
and Johan his Wife and John Tredolias alias Leha
and Anne his Wife, during the Minority of the
said Johan and Anne, to be void against the said
Anne, was put to the question, and was rejected by the most Voices; for the Preamble
of the Bill was scandalous, and no proof made
thereof.
Nota, That this Bill preferred by Anne the
Wife of the above-named Tredolias, to reverse
a Fine levied by her during her Non-age, by
Authority of Parliament, (because it seemeth,
being at this time of full Age she could not otherwise do it by ordinary course of Law) was
very deliberately and advisedly proceeded in by
the Lords, who having given it the first reading
upon Thursday the 17th day of December, and the
second reading upon Saturday the 20th day of
February foregoing, did before any further proceeding in it, on Monday next following, being
the two and twentieth day of the said February
foregoing, refer the same to certain Lords being
chosen Committees therein by the said Anne on
the one part who was the Plaintiff, and Mr Vivion on the other who was the Defendant, and
to whose use it seemeth the said Fine had been
levied, after which the said Lords Committees
having not ended the said difference, it was
again committed on Monday the first day of
March foregoing, to the Master of the Rolls and
Mr Serjeant Rodes to hear it, and to make some
conclusion thereof, which being not effected, it
was again on Thursday following, being the 4th
day of this instant March, referred to the said
Mr of the Rolls and the Serjeant aforesaid; who
still endeavouring without any effect to make
any accord between the said Parties, it was now
at last upon the foresaid Monday the 22th day of
this instant March put to the Question in the Upper House, and there the said Bill preferred by
the said Anne to be relieved in Parliament contrary to her own Fine, was rejected: where it
may be seen how tender their Lordships were to
relieve any Party contrary to the course of the
common Law. For the Case appeareth singly to
be this: Baron and Feme levy a Fine, the Wise
being under Age, then the Husband dies, (as
John Tredolias Leza or Leha did here) the Wise
being of full Age, and she sues in Parliament to
be relieved; for at Common Law if an Insant
levy a fine and then die, or becomes of full Age
before it be reversed, the Fine stands good as if
it had been levied by one of full Age, as was
delivered in the Common-Pleas per totam Curiam
in the Lady Cæsars Case, then Wife of Sir Julius
Cæsar Knight Master of the Rolls, which is entred in termino Trinitatis Anno 21 Jacobi Regis
Rotulo 1971.
On Tuesday the 23th day of March, Three Bills
of no great moment had each of them one reading; of which the first being the Bill concerning
the Water-Bailiff was read secunda vice, but not
mentioned to be either referred to Committees
or Ordered to be ingrossed.
Four Bills also were brought up to the Lords
from the House of Commons; of which the first
being the Bill for the Explanation of a Statute
made Anno 13. of the Queens Majesties Reign,
intituled An Act to reform sundry disorders
touching Ministers of the Church, was read prima vice.
On Wednesday the 24th day of March, The Bill
against Rogues, Idle and Vagrant Persons, was read
secunda vice; but no mention is made that it was
either referred to Committees or Ordered to be
ingrossed: and the reason hereof may be, that
this Bill having passed the House of Commons,
and being sent up to the House of 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 be two other reasons (besides the Clerks negligence who may sometimes omit it) why a Bill
upon the second reading is so left without any
mention made of the committing or ingrossing;
as where the referring of it to Committees is deferred till some other day, as it fell out in the
Parliament de Anno 13 Reginæ Eliz. when the
Bill touching the Commission of Sewers being
read secunda vice on Friday the 20th day of April,
was referred to Committees on the day following, being Saturday the 21th day of the same
Month. The third and last reason finally why a
Bill may be mentioned to be read secunda vice
without any further Order taken in it as aforesaid, may be assigned in some extraordinary
Cases; as where Bills of Grace, viz. for the restitution in Blood of any; and such like are sent
to the House from her Majesty fairly ingrossed
in Parchment and Signed with her hand, which
for the most part do pass the House without any
stop or question. But it is to be noted, that in
later times the committing of a Bill upon the second reading is always when it is so read, and is
never deferred until another day.
Three Bills also of no great moment were
brought up to the Lords from the House of Commons; of which the first was an Act for the Incorporation of the Hospital of Christ in the
Town of Sherbourn.
Nota, That no continuance of the Parliament
is Entred this day in the Original Journal-Book,
which seemeth to have happened through the
negligence of the Clerk of the Parliament.
On Friday the 26th day of March, to which
day it seemeth the Parliament had been on Wednesday last continued, Introductum suit breve quo
Richardus Petriburgen. Episcopus præsenti Parliamento summonebatur interesse, qui admissus est ad
suum præheminentiæ in Parliamento sedendi locum,
salvo cuiquam jure suo.
The Amendments for the Bill touching the Incorporation of Christs Hospital in the Town of
Sherbourn, were read tertia vice, & communi omnium Procerum assensu conclusæ.
Two Bills also of no great moment had each
of them one reading; of which the first was the
Bill for the reviving, continuance and explanation and perfecting of divers Statutes.
Six Bills lastly were brought up to the Lords
from the House of Commons; of which the first
being for the naturalizing of certain Englishmens
Children born beyond the Seas, was read prima,
secunda & tertia vice & expedita.
And the second being the Bill for the safe
keeping of the Armour of obstinate Recusants
was read prima, secunda & tertia vice, and sent
down to the House of Commons by Serjeant
Rodes and Mr Powle.
Nota, That the Original Journal-Book of the
House of Commons de Anno isto 27 Reginæ
Eliz. maketh mention of some amendments added to this Bill by the Lords before it was thus
immediately returned (a thing very observable
and extraordinary) within a short time after the
Lords themselves had received it.
It appeareth also in the said Journal-Book that
one Bill more concerning the good Government
of the City of Westminster was sent up with
certain amendments to the Lords from the House
of Commons; and that two other Bills, whereof this very Bill concerning the City of Westminster was one, and the Bill for the keeping of the
County-Court at Morpeth, and the Town of
Anwicke in the County of Northumberland was
the other, had been this day sent down to the
House of Commons from the Lords by Serjeant
Rodes and Mr. Powle, who thereupon did presently read them prima, secunda & tertia vice, as
the Lords it should seem led by their Example did
the two Bills above-mentioned this same Morning afterwards, and with some small alteration
sent them up to the Lords. All which matter is
by the negligence of Mr Mason at this time Clerk
of the Upper House, omitted in the said Original Journal-Book of that House, and supplied out
of the Original Journal-Book of the House of
Commons, pag. 166, & 167. Collected by Mr
Fulk Onslow at this time Clerk of the said
House.
On Saturday the 27th day of March, the Bill
for the maintenance of the Pier and Cobb of
Lime-Regis in the County of Dorsett, was read
tertia vice & conclusa.
The Petition also of the Lord Marquess of
Winchester against Mr. Oughtred concerning certain Accompts by him to be made, was this day
read before the Lords. Vide concerning this matter on Monday the 29th day of this instant March
following.
On Monday the 29th day of March, to which
day the Parliament had been on Saturday last
continued, a Proviso to the Bill concerning the
Pier and Cobb of Lime Regis added by the
Lords, was read tertia vice, and then sent down
to the House of Commons by Mr. Serjeant Rodes
and Mr. Powle.
Mr Oughtred appeared before the Lords. The
Lord Chancellor by the advice and consent of
the said Lords, asked the said Oughtred whether
he meant to take the benefit of a Release heretofore mentioned. The said Oughtred pronounced before the said Lords that he would take no
advantage of any Release concerning the said
sum of twelve thousand pound and more, saying
further, that the said Release extended not to
the said sum, but to other accompts before the
time of his Executorship. The Lord Chancellor
demanded further of the said Oughtred, if he
would be contented that his said Speeches should
be entred by the Clerk in the Journals of the
House. The said Oughtred Answered that he was
very well pleased therewith. Whereupon the Lord
Chancellor Commanded that his said Speeches
should be Registred.
Nota, That this matter was formerly debated
on Tuesday the 7th day of March in the last Parliament de Anno 23 Reginæ Eliz. and before also
in this present Parliament on Tuesday the 9th day
of February last past, and on Tuesday the 4th day,
and on Saturday the 27th day of this instant
March foregoing, and Committees were likewise
appointed about it on the foresaid 9th day of February being Tuesday.
Dominus Cancellarius continuavit præsens Parliamentum usq; in horam secundam post meridiem.
About which hour the Lords meeting, the Bill
for the Queens Majesties most Gracious general
and free Pardon, lecta est, quæ communi omnium
Procerum assensu conclusa est, & data Servienti
Rodes in Domum Communem deferend', unà cum
subsidio Temporalitatis.
Nota, That the general Pardon passeth here
upon the first reading.
There was also brought from the House of
Commons two Bills; of which the first was the
Bill for the preservation of the Pier or Cobb of
Lime Regis in the County of Dorset, and the second being an Act for the preservation of Pheasants and Partridges with amendments was rejected; for that they of the House of Commons
had with their amendments taken away the principal intent of the Bill.
This Afternoon her Majesty Accompanied
with the two Archbishops of Canterbury and York,
Sir Thomas Bromley Knight Lord Chancellor, the
Lord Burleigh Lord Treasurer of England, the
Lord Marquess of Winchester, the Earl of Oxford
and divers other Lords Spiritual and Temporal
were personally present in the Parliament Chamber commonly called the Upper House, who being all set in their Parliamentary Robes, and the
Knights, Citizens and Burgesses of the House of
Commons having notice there of, repaired thither
with John Puckering Serjeant at Law their Speaker, who being placed at the Rail or Bar at the
lower end of the said Upper House, after his
humble reverence made, and some expressions of
his thankfulness to her Majesty, he proceeded according to the usual course to desire her Majesty
to give Life to such Laws by adding her Gracious Allowance unto them, as had passed either
House, and remained as yet but as a dead Letter; and withal gave her Majesty knowledge
of the free gift of the House of Commons of
one Subsidy and two Fifteenths and Tenths.
To which Speech of the said Prolocutors the
Lord Chancellor by her Majesties commandment answered. That she did graciously accept
of the said gift of her Commons, and was come
thither to give her Royal assent to divers of those
Laws which had passed the two Houses.
Then were the Titles of all the Acts read, and
first the Bill of Subsidy, to which the Clerk of
the Parliament standing up, did read the Queens
Majesties Answer in manner and form following.
La Royne remercie ses loyaulx Subjects, accepte
leur benevolence, & ainsi le veult.
The Clerk of the Parliament having read the
Queens acceptance and thanks for the Subsidy
given as aforesaid, did then upon the reading of
the Pardon pronounce in these French words following the thanks of the Lords and Commons
for the same.
Les Prelates, Seigneurs & Communes en se present Parliment assembles, au nom de touts vous autres Subjects remercient treshumblement vostre Majesty, & prient a Dieu que il vous done en sante,
bone vie & longue.
Nota, That her Majesties Answer to these two
Acts of the Subsidy and Pardon do differ from
all the rest to any other Bills, because in the first
is expressed her Majesties thanks to the Subjects,
and in the second the Subjects humble acknowledgment of her said Majesties Pardon as an act
of her own free grace and goodness.
To every publick Act allowed by the Queen,
the Clerk of the Parliament reads in these French
words following.
La Royne le veult.
To every private Act that passeth, the said
Clerk of the Parliament reads the Queens Answer
in these French words following.
Soit fait come il est desire.
These two last Answers to the publick and
private Acts that pass, are to be written by the
Clerk of the Parliament at the end of every
Act.
To such Acts as her Majesty doth forbear to
allow, the Clerk of the Parliament reads in
French these words following.
La Royne's advisera.
Nota, That all the Acts which passed this Parliament were in number forty nine, whereof
thirty were publick, and nineteen private, ut
vide in the Statute-Book at large printed Anno
Domini 1585.
Nota also, That the express and direct manner of her Majesties giving her Royal assent to
such Acts as passed at this Parliament, as is before
set down, is not so entred in the Original Journal-Book of the same, but is supplied out of that
de Anno 39 Reginæ Eliz. where it is at large inserted; according to which Precedent (the form
being always the same) the rest of the Journals
of her Majesties Reign, as well as this present
Journal, are enlarged and perfected.
To the further amplifying of which also, here
doth now in the next place ensue a most pious
and gracious Speech of her Majesty's, uttered by
her upon the conclusion of this Parliament, which
being not found in the Original Journal-Book
of the Upper House, is therefore supplied out of
a Copy thereof I had by me, written by John
Stow the Chronicler with his own hand, being
verbatim as followeth.
MY Lords and ye of the Lower House, my
silence must not injure the Owner so
much as to suppose a Substitute sufficient to render you the thanks that my heart yieldeth you,
not so much for the safe keeping of my life, for
which your care appears so manifest, as for the
neglecting your private future peril, not regarding other way than my present State.
No Prince herein, I confess, can be surer tied
or faster bound than I am with the link of your
good will, and can for that but yield a heart and
a head to seek for ever all your best; yet one
matter toucheth me so near, as I may not overskip, Religion, the ground on which all other
matters ought to take root, and being corrupted,
may marr all the tree. And that there be some
fault-finders with the Order of the Clergy, which
so may make a slander to my self and the Church,
whose over-Ruler God hath made me, whose
negligence cannot be excused, if any Schisms or
Errours heretical were suffered. Thus much I
must say that some faults and negligences may
grow and be, as in all other great Charges it
happeneth, and what vocation without? All
which if you my Lords of the Clergy do not
amend, I mean to depose you. Look ye therefore well to your Charges. This may be amended without heedless or open exclamations. I am
supposed to have many studies, but most Philosophical. I must yield this to be true, that I
suppose few (that be no Professors) have read
more. And I need not tell you that I am so
simple, that I understand not, nor so forgetful,
that I remember not; and yet amidst my many
Volumes I hope Gods Book hath not been my
seldomest Lectures, in which we find that which
by reason (for my part) we ought to believe;
that seeing so great wickedness and greeves in the
World in which we live, but as way-faring Pilgrims, we must suppose that God would never
have made us but for a better place, and of more
comfort than we find here. I know no Creature that breatheth, whose life standeth hourly
in more peril for it than mine own, who entred
not into my state without sight of manifold dangers of life and Crown, as one that had the
mightiest and greatest to wrestle with. Then it
followeth that I regarded it so much, as I left
my life behind my care; and so you see that
you wrong me too much (if any such there be)
as doubt my coldness in that behalf; for if I
were not perswaded that mine were the true
way of Gods will, God forbid that I should live
to prescribe it to you. Take you heed lest Ecclesiastes say not too true, They that fear the hoary
frost, the snow shall fall upon them. I see many
over-bold with God Almighty, making too many subtle scannings of his blessed will, as Lawyers
do with humane Testaments. The presumption is
so great, as I may not suffer it (yet mind I not
hereby to animate Romanists, which what Adversaries they be to mine Estate, is sufficiently
known) nor tolerate new-fangleness. I mean to
guide them both by Gods holy true Rule. In
both parts be perils, and of the latter I must pronounce them dangerous to a Kingly Rule, to
have every man according to his own censure to
make a doom of the validity and privity of his
Princes Government with a common veil and
cover of Gods Word, whose followers must not
be judged but by private mens exposition. God
defend you from such a Ruler that so evil will
guide you. Now I conclude that your love and
care neither is nor shall be bestowed upon a careless Prince, but such as but for your good will
passeth as little for this World as who careth
least, with thanks for your free Subsidy, a manifest shew of the abundance of your good wills,
the which I assure you but to be imployed to
your weal, I could be better pleased to return
than receive.
This Speech of her Majesty being thus transcribed out of the foresaid Copy, written by John
Stow the Chronicler, as is already mentioned;
now followeth the Prorogation of the Parliament, which is entred in the Original JournalBook of the Upper House in manner and form
following.
Domina ipsa Regina prorogavit præsens Parliamentum usq; in vicesimum diem Maii proximum.
Upon which said 20th day of May the Parliament was again prorogued, and so continued by
five other several Prorogations unto Wednesday
the 14th day of September in Anno 28 Reginæ
Eliz. Anno Domini, 1586. upon which said 14th
day of September it was at last dissolved.
The manner of which Dissolution, and the
substance of all the foresaid Prorogations do next
ensue.
Memorandum, quòd vicesimo die Maii, Anno
Regni Reginæ Eliz. 27° convenêre Proceres tam
Spirituales quàm Temporales, quorum nomina subscribuntur. Johannes Archiepiscopus Cantuar. Thomas Bromley Miles Dominus Cancellarius Angliæ,
Henricus Comes Darby, Johannes Episcopus London, Edwardus Dominus Zouch.
Qui cùm convenissent, Dominus Cancellarius Literas Regias commissarias Anthonio Mason Clerico
Parliamenti publice legendas in manus tradidit.
The tenor whereof was a Commission unto the
Archbishop of Canterbury, the Lord Chancellor,
the Archbishop of York, the Lord Treasurer, the
Earl of Oxford Lord great Chamberlain of England, George Earl of Shrewsbury Earl Marshal of
England, and six other Earls, also to the Earl of
Warwick Master of the Ordnance, four other
Earls, Charissimóq; Consanguineo suo Anthonio
Vicecomiti Mountague, John Bishop of London,
John Bishop of Sarum, John Bishop of Rochester,
Charles Lord Howard Lord Chamberlain of her
Majesties House, and eight other Barons, giving
to them or any three or more of them Plenam
potestatem, facultatem & authoritatem hoc instante
die Jovis ad præsens Parliamentum nostrum nomine nostro ad & in septimum diem Junii proxfuturum usq; prædictam Civitatem nostram Westmonasterii prorogand' & continuand' ibidem tune
tenend' & prosequend' &c. In cujus rei testimonium, &c. Teste, &c. 20° die Maii, Anno Regni
nostri 28°.
Septimo die Junii Anno Regni Elizabethæ 27°
the Archbishop of Canterbury, Sir Thomas Bromley Knight Lord Chancellor, one Earl, one Bishop and three Barons by virtue of a Commission under the Great Seal to them and others
directed, did prorogue and continue the Parliament unto the 21. day of this instant June.
At which time the Parliament was in like sort
prorogued until the 11th day of October next.
Vicesimo die Octobris the Parliament was in like
sort by Commissioners prorogued until the 10th
day of February next, viz. Anno 28° Reginæ
Eliz.
Decimo die Februarii Anno Regni Elizabethæ
Reginæ 28° the Parliament was in like sort by
Commissioners prorogued until the 26th day of
April next, viz. Anno 28° Reginæ Eliz.
On the 26th day of April Anno 28° Elizabethæ
Reginæ the Parliament was in like sort by Commissioners prorogued until the 14th day of November next, viz. Anno 28° Eliz. before which
day it was dissolved on September the 14th ut
vide infra.
Decimo quarto die Septembris Anno Regni Reginæ Eliz. vicesimo octavo.
Memorandum, quòd cù præsens Parliamentum
in decimum quartum diem Novembris prox. futurum prorogatum fuisset, tamen maximis gravissimisque causis intervenientibus, & negotivs ita flagitantibus, Regiæ Majestari per avisamentum Consilii
sui consultissimum visum est, dictum Parliamentum
hoc instante decimo quarto die Septembris penitùs
dissolvere, ob eámq; rem per Literas suas Patentes
quibusdam Proceribus plenam potestatem, facultatem & authoritatem prædictum Parliamentum nomine suo dissolvend' concessit. Addito etiam speciali mandato, ut circa præmissa diligenter intenderent & effectualiter explerent. Igitur bodierno
die 14° Septembris Proceres isti in Camera Parliamenti convenerunt, quorum nomina subsequuntur.
Thomas Bromley Miles Dominus Cancellarius
Angliæ.
Georgius Comes Salop.
Edwardus Dominus Zouch.
Arthurus Dominus Grey de Wilton.
Qui cùm consedissent, Dominus Cancellarius præcepit ut dictæ Literæ Patentes publicè legerentur,
quibus lectis, præfati Proceres dictum Parliamentum nomine dictæ Reginæ dissolverunt, & ipso facto
dissolut. pronunciaverunt. Literarum autent Patentium tenor sequitur in hæc verba.
Elizabetha Dei gratia Angliæ, Franciæ & Hiberniæ Regina, Fidei Defensor, &c. reverendissimo in Christo Patri ac Consiliario suo Johanni Cantuariensi Archiepiscopo totius Angliæ Primati & Metropolitano, & prædilecto & fideli consiliario suo Thomæ Bromley Militi Domino Cancellario Angliæ, ac reverendissimo in Christo Patri
Edwino Eboracen' Archiepiscopo Angliæ Primati
& Metropolitano; necnon prædilecto & fideli consiliario suo Willielmo Domino Burleigh Domino
Thesaurario Angliæ, ac charissimo consanguineo suo
Edwardo Comiti Oxon' Magno Camerario Angliæ,
ac etiam charissimo consanguineo & consiliario suo
Georgio Comiti Salop' Comiti Marescallo Angliæ,
charissimoq; consanguineo suo Henrico Comiti Kantiæ necnon charissimo consanguineo & consiliario
suo Henrico Comiti Darbiæ, ac charissimis consanguineis suis Willielmo Comiti Wigorn', Edwardo
Comiti Rotel', Georgio Comiti Cumberland, Henrico Comiti Sussex; Ac etiam charissimo consanguineo & consiliario suo Ambrosio Comiti Warwici
Magistro Ordinationum suarum, necnon charissimis
consanguineis suis Henrico Comiti Pembroke, Edwardo Comiti Hartford, Anthonio Vicecomiti
Mountague; necnon reverendis in Christo Patribus Johanni Episcopo London, Johanni Episcopo
Sarisburien', Johanni Episcopo Roffen'; ac prædilectis & consiliariis suis Carolo Domino Howard
Magno Admirallo suo Angliæ, Henrico Domino de
Hunsdon Domino Camerario Hospitii sui; Ac etiam prædilectis & fidelibus suis Edwardo Domino
Zouch, Edwardo Domino Morley, Georgio Domino Dacres; necnon Prædilecto & fideli consiliario suo Willielmo Domino Cobham, Domino Gardiano quinque portuum suarum, ac prædilectis &
fidelibus suis Arthuro Domino Grey de Wilton,
Johanni Domino Lumley, Henrico Domino Cromwell, ac prædilecto & fideli consiliario suo Thomæ
Domino Buckhurst salutem. Cum nuper pro quibusdam arduis & urgentibus negotiis nos, statum &
defensionem regni nostri Angliæ ac Ecclesiæ Anglicanæ concernentibus præsens hoc Parliamentum nostrum apud civitatem nostram Westmonasterii 23
die Novembris Anno Regni nostri 27° inchoari &
teneri ordinaverimus, à quo die idem Parliamentum nostrum tunc & ibidem tentum & continuatum
fuerat usq; ad & in 29 diem Martii, tunc prox' sequentem, Eodémq; die idem Parliamentum nostrum
usq; ad & 20 diem Maii tunc prox' sequentem prorogatum fuerat, Eodémq; die idem Parliamentum
nostrum usq; ad & in septimum diem Junii tunc
prox' sequentem prorogatum fuerat, Eodémq; die
idem Parliamentum nostrum usq; ad & in vicesimum diem ejusdem Mensis Junii Prorogatum fuerat,
Eodémq; die idem Parliamentum nostrum usq; ad
& in vicesimum diem Octobris tunc prox' sequentem prorogatum fuerat, Eodémq; die idem Parliamentum nostrum usq; ad & in decimum diem Februarii tunc prox' sequentem prorogatum fuer at, necnon idem Parliamentum nostrum usq; a & in vicefimum fextum diem Aprilis tune prox sequent
(?)
(?)
& in decimum quartum diem Novembris jam
prox' futurum prorogatum fuerat, ibidem tunc tenend' & prosequend': Sciatis tamen quod certis urgentibus causis & considerationibus nos ad præsens
specialiter moventibus idem Parliamentum nostrum
hoc instante decimo quarto die Septembris duximus
dissolvend'. De fidelitate igitur prudentia & circumspectione vestris plurimum confidentes, de avisamento & assensu consilii nostri assignavimus vos &
aliquos tres vel plures vestrum Commissionarios nostros, Dantes vobis & aliquibus tribus vel pluribus
vestrum tenore Præsontium plenam potestatem, facultatem & authoritatem hoc instante decimo quarto
die Septembris ad dictum Parliamentum nostrum
nomine nostro plenariè dissolvend'. Et ideo vobis
mandamus quod vos, aliqui tres vel plures vestrum,
idem Parliamentum nostrum idem instante decimo
quarto die Septembris virtute harum literarum nostrarum patentium nomine nostro plené dissolvatis
& determinetis. Et ulterius volumus & per præsentes concedimus & declaramus, quod idem Parliamentum nostrum vigore præsentium hoc instante
decimo quarto die Septembris dissolutum & determinatum sit, & per has literas nostras patentes
idem Parliamentum nostrum penitus dissolvimus &
determinamus. Et ideo vobis mandamus quòd circa
præmissa diligenter intendatis, ac ea in forma præ
dict a effectualiter expleatis & exequamini. Volumus etiam & concedimus quòd omnes & singuli Archiepiscopi, Marchiones, Comites, Vicecomites, Episcopi, Barones, Milites, Cives & Burgenses, ac omnes alii quorum interest, ad dictum Parliamentum
nostrum conventuri de omni eo quod eis pertinet in
præmissis faciend' & exequend, sint omnino tenore
præsentium exonerati & quieti in omnibus prout
decet. In cujus rei testimonium has literas nostras
fieri fecimus patentes. Teste me ipsa apud Westmonasterium decimo quarto die Septembris Anno Regni nostri 28°.
Per ipsam Reginam.
Nota, That this last Dissolution of the aforesaid Parliament in Anno 28 Reginæ Eliz. Anno Domini 1586. was somewhat above one whole year
and a half from and after the first Prorogation
thereof, which was on Monday the 29th day of
March (Anno 27 Reginæ ejusdem Anno Domini
1585.) by which it is probable that her Majesty
had intended at first to have made this and the
Parliament that follows to have been but two
Sessions, and not two several Parliaments as afterwards it sell out, and as they now remain. And
it is the more strange that this resolution was at
all altered, because the ensuing Parliament held
in Anno 28 & 29 Reginæ Eliz. Anno Domini
1586. began within some forty five days after
this last recited day, on which this aforesaid Parliament was Dissolved as is aforesaid.
Vide camden Annal. p. 432.
And that which yet maketh this foresaid Dissolution of the above-mentioned Parliament on
this 14th day of September, the more strange, is,
because it had been last prorogued on the 26th
day of April Anno 28 Reginæ Eliz. unto the 14th
day of November following, which if it had held,
would have fallen out full two Months after this
day of the Dissolution thereof, and at least a
Fortnight after the 29th day of October, on
which the next and new Parliament began in
the said twenty eighth year of her Majesties
Reign. But to clear this, doubtfully there was
no other cause or ground upon which her Majesty altered that her first resolution, but the blessed and strange discovery of that most horrible
and merciless Conspiracy plotted between the
Scottish Queen, Ballard, Babington and others,
for the speedy Murthering of her Majesty and
Extirpation of true Religion. The manner and
Execution whereof having continued in agitation between them from July to September, in
this said twenty eighth year of her Majesties
Reign, upon the 20th day of the last mentioned
Month, the two foresaid Conspirators and five
more of their notablest Complices, were Executed in St Giles-Fields near London, having been
Condemned upon Tuesday the 13th day of the
said Month, which was the very day foregoing
the said 14th day of the same Month on which
the foresaid Parliament was Dissolved, as appears
fully by the fore-recited Commission. After
which also before the new Parliament began on
Saturday the 29th day of October following, the
Queen of Scots was tried at Fothringhay-Castle
in Northamptonshire, and after Condemned in
the Star-Chamber by the lawful Verdict of her Peers, the proceedings
whereof lasted from the 11th day of
the Month aforesaid, being Wednesday unto the 25th day of the same being Tuesday,
which Sentence was affirmed and allowed by the
Parliament following in Anno 28 Regin, Eliz.