Journal of the House of Lords: June 1572

June 1572

On Monday the second day of June, Two Bills had each of them one reading; of which the second being the Bill for the assurance of certain Lands and Tenements according to the meaning of Sir Thomas Woodhouse, for the benefit of certain Infants, was read tertia vice & conclusa.

On Tuesday the third day of June, Two Bills of no great moment had each of them one reading; of which the first being the Bill to renew a Statute made an. 1° of the Queens Reign, inhibiting the transporting of Leather, or Raw-Hides out of the Realm, was read secunda vice & commissa ad ingrossand.

On Wednesday the 4^th day of June, the Bill touching a Statute made an. 1^mo of the Queens Reign, inhibiting the transporting of Leather or Raw-Hides, was read tertia vice & conclusa, and sent down to the House of Commons by Serjeant Barham and Doctor Huick.

Four Provisoes annexed by the Commons to the Bill for Vagabonds, with certain other Amendments in the said Bill, were read secunda & tertia vice & conclusa communi Procerum assensu.

Three Bills were brought up to the Lords from the House of Commons; of which the first being the Bill for avoiding of Recoveries suffered by Collusion of Tenants for term of life and such others, was read prima vice.

The Bill touching Mary the late Scottish Queen, was Ordered to be ingrossed.

The Bill for avoiding of Recoveries suffered by Collusion of Tenants was committed to the Earl of Rutland, the Earl of Sussex, and others; but there is no mention made whether this Bill was at all read: of which see a like President on Wednesday the 28^th day of May foregoing.

On Thursday the 5^th day of June, the Bill touching Mary the Daughter and Heir of James the Fifth late King of Scots, was read tertia vice & conclusa, and sent to the House of Commons by Serjeant Barham and the Queens Attorney.

Five Bills were brought up to the Lords from the House of Commons, of which the second being the Bill against such as shall conspire or practise the enlargement of any Prisoner committed for High-Treason, and the third for annexing of Hexham and Hexhamshire to the County of Northumberland, were each of them returned conclusæ.

The Bill for the better and further assurance of certain Lands and Tenements to the maintenance of the Free Grammar-School at Tunbridge in the County of Kent, was read prima vice, and committed to the Archbishop of York, the Earl of Bedford, the Earl of Hartford, the Bishop of Chichester, the Bishop of Rochester, the Lord de la Ware, the Lord Norris, the Master of the Rolls and Justice Southcott. Vide concerning this Bill on Monday the 9^th day, Tuesday the 10^th day, and on Wednesday the 11^th day of this instant June following.

The Bill that no Hoy or Plate shall cross the Seas, and touching Sea-Marks, was read secunda vice & commissa ad ingrossandum.

Dominus primarius Justiciarius Banci Regis continuavit præsens Parliamentum usq; in horam secundam post meridiem.

Nota, That this continuance of the Parliament, with some others that follow by the Lord Chief Justice of the Kings Bench, was not without some express Authority given him by her Majesty; but through the great negligence of Anthony Mason Esq; at this time Clerk of the Upper House, it doth not appear in the Original Journal-Book of the same, whether the said Authority were given by Commission or otherwise.

About which hour in the Afternoon four Bills of no great moment had each of them one reading; of which the third being the Bill for the true making of Hand-Guns, Callivers, &c. and the last for Partition of certain Lands between the Lord Latimer and Sir Robert Wingfeild K^t, and their Heirs, were each of them read prima vice.

Dominus Primarius Justiciarius Banci Regis continuavit præsens Parliamentum usq; in diem Crastinum hora nona.

On Friday the 6^th day of June, Four Bills of no great moment had each of them one reading; of which the last being the Bill against flying with long-winged Hawks under certain degrees, was read prima vice.

Dominus Primarius Justiciarius Banci Regii continuavit præsens Parliamentum usq; in diem Crast. hora nona.

On Saturday the 7^th day of June, Four Bills of no great moment had each of them one reading; of which the third being the Bill for the true making, proving and marking of Callivers, Muskets, Hand-Guns, Dags and other small Ordnance, was read secunda vice, and committed to the Earl of Bedford, the Earl of Hartford, the Earl of Leicester, the Earl of Essex, the Lord Grey, the Lord Evers, the Lord North, the Lord Chandois, and the Lord Norris, and to Justice Harper.

And the fourth and last being the Bill touching Hawks and preservation of Game, was read secunda vice, and committed to the Earl of Bedford, the Earl of Hartford, the Lord Darcy, the Lord Chandois, the Lord S^t John de Bletsoe, the Lord Compton, the Lord Cheyney, and Justice Wray.

Dominus Primarius Justiciarius Banci Regii continuavit præsens Parliamentum usq; in diem Lunæ praxim. hora nona.

On Monday the 9^th day of June, Four Bills were brought up to the Lords from the House of Commens; of which the first being the Bill that the inhabitants of the City of Winchester, and of the Liberty of Soke adjoining to the same, may use the Trade of Cloth-making and take Apprentices, was read prima vice.

Three Bills also of no great moment had each of them their second reading; of which the second being the Bill for the Partition of certain Lands between the Lord Latimer and Sir Robert Wingfeild Knight and their Heirs, was read secunda vice: but no mention is made that it was either Ordered to be ingrossed or referred to Committees, because it had been formerly sent from the House of Commons.

The Bill lastly being for the School of Tunbridge was committed unto the Earl of Huntington, the Earl of Hartford, the Bishop of Worcester, the Bishop of Lincoln, the Lord Wentworth, the Lord Norris (being doubtless brought in this day by the Committees nominated on Wednesday the 4^th of this instant June foregoing) but it was not at all now read, but had its second reading with a new Proviso added unto it on the Morrow following, and on Wednesday the 11^th day of this instant June, and was committed the third time upon the third reading. Vide a like President on Wednesday the 28^th day of May foregoing.

Dominus Primarius Justiciarius Banci Regii continuavit præsens Parliamentum usq; in diem Crastinum hora nona.

On Tuesday the 10^th day of June, Eight Bills were brought up to the Lords from the House of Commons; of which the first being the Bill for the severance of the Sheriffwick of Cambridgeshire and Huntingtonshire, and the second for the punishment of such as shall rebelliously take or detain from the Queens Majesty any Castles, Fortresses, &c. were each of them returned conclus.

The Bill for the better and further assurance of certain Lands and Tenements to the maintenance of a Free Grammar-School at Tunbridge in the County of Kent, was read secunda vice, with a new Proviso added thereunto by the Lords, which was twice read and Ordered to be ingrossed.

Upon request made by the House of Commons to have Conference with some of the Lords to be appointed by the House touching the great Bill of the Queen of Scots, were appointed these Lords following, viz.

The Archbishop of York.
The Earl of Worcester.
The Earl of Sussex.
The Earl of Bedford.
The Earl of Leicester.
The Earl of Essex.
The Bishop of London.
The Bishop of Winchester.
The Lord Burleigh.
The Lord Grey.
The Lord Wentworth.
The Lord Chandois, and
The Lord North.

But no Judges were nominated because they were to conser with the House of Commons. Vide concerning this matter on Monday the 12^th day, and on Wednesday the 28^th day of May foregoing.

Dominus Custos magni Sigilli continuavit præsens Parliamentum usque in diem prox. hora nona.

Nota, That as it did not appear before on Thursday the 5^th day of this instant June, so neither is it expressed here by what Authority the Lord Keeper is re-authorised to exercise the same again, which hapned through the great negligence of Anthony Mason Esq; at this time Clerk of the Upper House. The Presidents are familiar in other Journals of this Queens Reign, where this Authority hath been given to the Lord Chief Justice or some other (to supply the Lord Keeper's place) by Commission under the Great Seal, and that the readmittance of the Lord Keeper to the Executing of his said place again was by like Commission; but here it is possible that either were at this time here Executed by some other Authority.

On Wednesday the 11^th day of June, Four Bills of no great moment had each of them one reading; of which the last being the Bill touching Sea-Marks, and the reviving of a Statute that no Hoy or Plate shall cross the Seas, was read tertia vice & conclusa.

Three Bills were sent from the Lords to the House of Commons, by Doctor Vaughan and Doctor Huick; of which one was the Bill for continuance of Statutes.

The Bill to revive a Statute made an. 1. of the Queens Majesties Reign, inhibiting the transporting out of the Realm of Leather, Tallow and Raw-Hides, was returned from the House of Commons conclusa.

Dominus Custos magni Sigilli ex Mandato Dominæ Reginæ adjournavit præsens Parliamentum usq; in vicesimum quartum diem Junii prox. hora nona mané.

On Tuesday the 24^th day of June, Three Bills of no great moment had each of them one reading; of which the first being the Bill that Wooll and Yarn may be bought and sold in the Markets and Fairs to be kept in the Borough of New Woodstock in the County of Oxon, was read prima vice.

Three Bills also were sent to the Lords from the House of Commons; of which the first was the Bill for Partition to be made between the Lord Latimer and Sir Robert Wingfield Knight, and their Heirs.

On Wednesday the 25^th day of June, Three Bills of no great moment had each of them one reading; of which the second being the Bill for the avoiding of Recoveries suffered by Collusions of Tenants for Term of life and such others, was read secunda vice, but no mention is made that it was either referred to Committees or Ordered to be ingrossed, because it had been sent formerly from the House of Commons.

The Bill for the Inning of Plumsted-Marsh in the County of Kent, being surrounded, was returned from the House of Commons conclusa.

On Thursday the 26^th day of June, The Bill for the assurance of certain Lands and Tenements, to the maintenance of a Sermon to be had in the Church of S^t Paul in London every Holyday in the Afternoon for ever, was read secunda vice; but no mention that it was committed or Ordered to be engrossed, because it had been formerly sent from the House of Commons.

Five Bills were brought up to the Lords from the House of Commons; of which one was the Bill touching Mary Daughter and Heir of James the Fifth late King of Scots, commonly called the Queen of Scots, and another for the Reformation of the inordinate length of Kersies.

Nine Bills also of no great moment had each of them one reading; of which the first being the Bill for the better assurance of Gifts, Grants, &c. made and to be made, to and for the relief of the Poor in the Hospitals within and near unto the City of London, of Christ, Bridewell, and S^t Thomas the Apostle, with a Proviso and certain amendments added by the Lords, was Ordered to be ingrossed.

And the second being for avoiding of Recoveries suffered by Collusion of Tenants for term of life and such others, was read tertia vice & conclusa, & commissa Sollicitatori Reginæ & Doc\?\ori Lewes in Domum Communem deferend.

On Friday the 27^th day of June, Three Bills were brought up to the Lords from the House of Commons; of which the last being the Bill for the continuance of certain Statutes with certain amendments, and a Schedule thereunto annexed being thrice read, was concluded.

The Bill for the Explanation of the Statute for Fugitives over the Seas, with a new Proviso added by the Lords, and the Bill touching the Free-School of Tunbridge with a new Proviso were each of them read tertia vice & conclus., & Commis. Sollicitatori Reginæ in Domum Communem deferend.

Memorand. Quod hoc præsenti 27 die Junij, Anno Regni Elizabethæ Reginæ 14. Andreas Fisher de Graies-Inne in Com. Midd. Gen. & Henricus Fisher de Greves-Norton in Com. Northampton Gen. coram Domina Regina in Cancellaria sua personaliter constituti recognoverunt se debere Johanni Ryvers Civi & Aldermanno de London, tres mille libras legalis Monetæ Angl. solvend. eidem Johanni, &c. nisi fecerint, &c.

The Condition of this Recognizance is such, That if they above-bound Andrew Fisher and Henry Fisher, and either of them, and the Heirs and Assigns of them or either of them do well and truly stand to, perform and accomplish, and cause to be performed and accomplished all such award, order and direction, as shall be made and Ordained by the Right Honourable Thomas Earl of Sussex, Francis Earl of Bedford, Robert Earl of Leicester, and William Lord Burleigh, or any three of them, for and concerning all and singular those Messuages, Lands, Tenements and Hereditaments, which heretofore were bargained and sold by Henry Fisher Father of the said Andrew and Henry to one Richard Smith Citizen of London, and now or late in the Tenure or Occupation of John Rivers Citizen and Alderman of London, or of any his Tenants or Farmors, and for the right Title, Inheritance and Possession of the same, so that the said award, order or direction be had and made in writing, under the hands and Seals of them or three of them, on this side and before the Nativity of our Lord next coming; That this Recognizance to be void, otherwise to remain and abide in his full force, strength and effect.

Memorand. That the two Brethren Recognitors in consideration that Alderman Ryvers his Cause touching the purchasing of certain Lands bona fide mentioned in the said Bill Exhibited in this Parliament for the said School may remain unholpen and be excepted out of the said Bill, were contented, and by way of Petition have submitted themselves to abide the Order and Determination of the Earl of Sussex, the Earl of Bedford, the Earl of Leicester, and the Lord Burleigh, or three of them, so as the same be made on this side the Feast of the Birth of our Lord God next: For the more sure performance whereof, not only they acknowledged this Recognizance of three thousand pound, but also of their own offer they yielded their Bodies to be Prisoners in the Queens-Bench, where the Elder Brother then remained by force of an Execution at a Strangers Suit, there to remain until they did bring before the Lord Keeper of the Great Seal sufficient Sureties with them to be bound by Recognizance in the said sum of three thousand pound for the same.

Nota, That it should seem this business concerned the Free Grammar-School of Tunbridge, mentioned on Monday the 9^th day, Tuesday the 10^th day, and on Wednesday the 11^th day of this instant June foregoing, in respect that certain Lands were to be purchased for it by the beforementioned John Rivers Alderman of London, and thereupon this Recognizance, with the Condition thereof, came to be entred in the Original Journal-Book of the Upper House de an. isto 14 Reginæ Eliz.

Dominus Custos magni Sigilli continuavit præsens Parliamentum usq; in horam secundam post meridiem.

About which hour the Lord Archbishop of Canterbury, and divers other Lords meeting in the absence of the Lord Keeper, it doth not appear in the Original Journal-Book of the Upper House that any thing was done, but only the Parliament continued in manner and from following, viz.

Dominus Primarius Justiciarius Banci Regis continuavit præsens Parliamentum usq; in diem Crastinum hora octava.

On Saturday the 28^th day of June, 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, The Bill for the assurance of certain Lands and Tenements to the maintenance of a Sermon to be had in the Church of S^t Paul in London for ever, was read tertia vice & conclusa.

Two Bills were brought up to the Lords from the House of Commons; of which the first being the Bill for the assurance of certain Lands and Tenements to the maintenance of a Sermon to be had in the Church of S^t Paul in London for ever, was read tertia vice & conclusa.

The Bill for the assurance of certain Lands for the maintenance of the Poor in the Hospitals, was read tertia vice & conclusa, with a new Proviso added thereunto by the Lords, and commissa Doctori Lewis & Doctori Huick in Domum Communem deferend.

The Bill against the excessive length of Kersies was read secunda & tertia vice & conclusa.

Two Bills were brought up to the Lords from the House of Commons; of which the first being the Bill for the assurance of Gifts, Grants, &c. made for the relief of the Poor in Hospitals, &c. was returned conclusa.

The Bill for the repeal of a Statute made an. 8 Reginæ Eliz. for the Town of Shrewsbury was read tertia vice, with a Proviso added thereunto by the Lords, quæ conclusa est, and sent to the House of Commons by D^r Lewis and D^r Huick.

On Monday the 30^th day of June, to which day the Parliament had been on Saturday last continued, The Bill for the reviving of a Statute made an. 8 Eliz. for the Town of Shrewsbury was returned from the House of Commons conclusa.

The Bill against delays in Judgment in the Common Law was read secunda vice, but there is no mention made that it was either Ordered to be ingrossed or referred to Committees, because it had been sent from the House of Commons on Saturday the 28^th day of this instant June immediately foregoing.

In the Parliament Chamber where the Lords Spiritual and Temporal Assembled the day abovesaid in an. 14 Regin. Eliz. &c.

Whereas, upon Complaint and Declaration made to the said Lords Spiritual and Temporal by Henry Lord Cromwell, a Lord of the Parliament, that in a Cafe between one James Tavernor against the said Lord Cromwell, depending in the Court of Chancery, for not obeying to an Injunction given in the said Court of Chancery, in the absence of the Lord Keeper of the Great Seal, at the Suit of the said Tavernor, the person of the said Lord Cromwell was by the Sheriff of the County of Norfolk attached by virtue of a Writ of Attachment proceeding out of the said Court of Chancery, contrary to the antient priviledge and immunity time out of memory unto the Lords of Parliament and Peers of this Realm in such case used and allowed, as on the behalf of the said Lord Cromwell was declared and affirmed, wherein the said Lord Cromwell as a Lord of Parliament prayed remedy.

Forasmuch as upon deliberate Examination of this Case in the said Parliament Chamber, in the presence of the Judges and other of the Queens Majesties Learned Council there attendant in Parliament, and upon Declaration of the opinions of the said Judges and Learned Council, there hath been no matter directly produced or declared whereby it did appear or seem to the said Lords of Parliament there Assembled, that by the Common Law or Custom of the Realm, or by any Statute Law, or by any President of the said Court of Chancery it is warranted, that the person of any Lord having place and voice in Parliament in the like case in the said Court of Chancery before this time hath been Attached, so as the awarding of the said Attachment at the Suit of the said Tavernor against the said Lord Cromwell for any thing as yet declared to the said Lords, appeareth to be derogatory and prejudicial to the antient priviledge claimed to belong to the Lords of this Realm.

Therefore it is the day and year aforesaid Ordered by consent of all the said Lords in Parliament there Assembled, that the person of the said Lord Cromwell be from henceforth discharged of and from the said Attachment. Provided nevertheless, and so is the mind of the said Lords in Parliament plainly by them with one assent declared, That if at any time during this Parliament or hereafter in any other Parliament there shall be shewed sufficient matter that by the Queens Prerogative, or by the Common Law or Custom of this Realm, or by any Statute Law or sufficient Presidents, the person of any of the Lords of Parliament in such Case, as this Case of the Lord Cromwell is, ought to be attached or attachable, then and from thenceforth it is by this order intended, that to take place, which so shall be shewed and warranted as above is said, This Order or any thing therein to the contrary notwithstanding.

In the Original Journal-Book of the Upper House is no entrance of any continuance of the Parliament which seemeth to have been omitted through the negligence of Anthony Mason Esq; at this time Clerk of the same House; although it may very easily be gathered that the Parliament was continued unto some hour in the Afternoon of this present day: and most probable it is, that it was continued by the Lord Keeper, because it appeareth without all question that he was present in the Afternoon.

Post Meridiem.

In the Afternoon the Queens Majesty, as may easily be gathered, was present with the Lord Keeper and divers Lords Spiritual and Temporal, but their names through the great negligence of the above-named Anthony Mason Esq; are not at all noted with the mark of being present, neithere are any of the passages of this Afternoon there entred, saving only the Adjournment of the Parliament; although it be most certain, that her Majesty being present this Afternoon did put an end to this Session of Parliament, by giving her Royal Assent to thirteen publick Acts, and four private. But yet there passed no Bill of her Majesties free and general pardon to the Subject, nor of any Subsidies from them to her Majesty; and the reason of it is plain, because this Session of Parliament (although some Statutes did of course pass in it) was doubtless convocated chiefly for that great business touching the Scottish Queen, of which there are divers passages in this proceeding Journal, which see on Monday the 12^th day, and on Wednesday the 28^th day of May, on Tuesday the 10^th day, and on Thursday the 26^th day of this instant June foregoing.

And therefore now lastly, as touching the manner of her Majesties giving her Royal Assent to such Acts as passed, in respect that it is matter of form and seldom differeth, it is therefore supplied (omitting that only which concerns the Bills of Subsidy and Pardon) out of a draught thereof set down in the end of the Original Journal-Book of the Upper House in the Parliament de an. 39 Regin. Eliz. although it be omitted in that of this present Session of Parliament.

To every publick Act that passed, after that it had been read, the Clerk of the Upper House standing up did openly pronounce her Majesties Allowance in 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 pass 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 read in these French words following.

La Roigne s'advisera.

The several Acts being thus passed, the next matter that followed was the Adjournment of the Parliament, which is Entred in the Original Journal-Book of the Upper House in the manner and from following.

Dominus Custos magni Sigilli ex Mandato Dominæ Reginæ adjournavit præsens Parliamentum usque in festum omnium Sanctorum proximum futurum.

By the Entrance of which Adjournment it doth plainly appear that her Majesty was present, in respect that it is said, that the Lord Keeper Adjourned the Parliament, ex mandato Dominæ Reginæ.

And it is also worthy the observation, that as the greatest part of the passages of this foregoing Monday (on which this session of Parliament ended) are through the great negligence of Anthony Mason Esq; at this time Clerk of the Upper House, wholly omitted in the Original Journal-Book of the same; so also by a like negligence are all those many and several Prorogations buried in Silence, by which this Parliament was continued without Dissolution until the next meeting thereof on Wednesday the 8^th day of February in the eighteenth year of her Majesties Reign, which was the second Session of this present Parliament, and held about four years after the determination of this first Session by Adjournment as aforesaid: so that it is very probable, that there are not less than twenty several Prorogations. For between that foresaid second Session in an. 18 Reginæ Eliz. and the third Session of this present Parliament in an. 23 Reginæ ejusdem, which contained not above one years space more than had intervened between the two former Sessions, there passed at least twenty five Prorogations, as both plainly appear in the end of the Original Journal-Book of the Upper House in the said Session of Parliament, de an. 18 Reginæ prædict. where they are for the most part set down either abstractedly or at large.

And lastly, As touching the great business of the Scottish Queen so much and so long agitated in both Houses, it did at this time receive no period or conclusion, but in this Session of Parliament in an. 14 Reginæ Eliz. an Act passed both Houses against her; and lastly, in the Parliament de an. 28, & 29 Reginæ ejusdem, she was (a little before her Execution at Fortheringhay-Castle in Northamptonshire) Condemned to be Worthy of Death by the Vote of both the said Houses of Parliament.