Journal of the House of Lords: February 1598

February 1598

On Wednesday the first day of February, the Bill Intituled An Act for the reviving, continuance, Explanation, perfecting and repealing of divers Statutes was returned to the House by the Lord Chief Justice with some Amendments, which were presently twice read, and thereupon commandment given to be prepared ready in written Paper for a third reading. It was agreed that a Conference should be had with some of the House of Commons about this Bill upon Friday Morning next.

The Bill for establishing of the Lands given by John Bedford's Will was read secundâ vice, and committed; which said Committees were appointed to meet presently in the little Chamber near the Parliament presence, who returning with some Amendments and a Proviso thought meet to be added to the said Bill, the said Amendments and Proviso were forthwith twice read, and the Bill thereupon commanded to be engrossed.

Two Bills had each of them one reading; of which the second being the Bill for Confirmation of the Jointure of the Lady Varney Wife of Sir Edmund Varney, was returned to the House by the Earl of Shrewsbury, the second of the Committees, with some Amendments, which were presently twice read, and thereupon commanded to be engrossed.

The Bill lastly concerning Garret de Malynes and John Hunger, Merchants Strangers, was read secundâ vice; and the parties on both sides are to be heard openly in the House by their Councel Learned on Friday Morning next.

On Friday the third day of February, to which day the Parliament had been last continued on Wednesday foregoing, Three Bills had each of them one reading; of which the first being the Bill for the establishing the Lands given by John Bedford's Will, &c. was read tertiâ vice, and sent to the House of Commons by Serjeant Drew and Doctor Stanhop, for their consideration of the Amendments and a Proviso added.

The Amendments and a Proviso in the Bill for recovering of three hundred thousand Acres more or less of Waste Marish and Watery grounds, &c. were this day twice read, and thereupon Commandment given that the said Amendments should be written in Paper, and the Proviso ingrossed in Parchment, ready for a third reading.

Four Bills were brought up to the Lords from the House of Commons; of which the first was the Bill concerning a Lease of great yearly value procured to be passed from her Majesty by William Kirkham the younger.

The Bill against deceitful stretching and tentering of Northern Cloths was returned to the House by the Earl of Shrewsbury, the first of the Committees, with some Amendments, and a Proviso thought meet to be added; which Amendments and Proviso were twice read, and Commandment given that the said Amendments should be written in Paper and the Proviso ingrossed in Parchment ready for a third reading.

The Councel Learned as well on the part of Garrett de Malynes, as of John Hunger, &c. was openly this day heard in the House. Vide concerning this Bill in fine diei præcedentis.

Report was made by the Lord Treasurer, what the substance of the Conference was between their Lordships and certain select Members of the House of Commons concerning the Bill for reviving, continuing and repealing of divers Statutes: And the same was referred to the Lord Chief Justice and others for their further consideration.

On Saturday the 4^th day of February the Bill concerning Broakers and Pawn-takers, the Bill against the deceitful tentering of Northern Cloths, and the Bill for reviving, continuance and perfecting of divers Statutes were each of them read tertiâ vice, and passed the House, and were sent down to the House of Commons (of which the two latter were returned) for their consideration of certain Amendments and Provisoes added by their Lordships.

Two Bills had each of them one reading; of which the second being the Bill for Confirmation of Letters Patents granted by the Queens Majesty to the Mayor, &c. of the City of Lincoln in the thirty ninth year of her Reign for the taking of the acknowledgment of Statutes Merchants, was upon the second reading committed unto the Earl of Shrewsbury, the Earl of Rutland, the Bishop of Bath and Wells, the Bishop of Chester, the Lord Zouch, the Lord Windsor, the Lord Wharton, the Lord Rich; and M^r Justice Clinch to attend their Lordships.

The Bill concerning Garret de Malynes and John Hunger, Merchants Strangers, was read tertiâ vice. Vide concerning this matter on Wednesday the first day and on Friday the third day of this Instant February foregoing.

The Proviso added in the House of Commons concerning the Joynture of Christian Lady Sands was this day twice read.

The Proviso thought meet by the Committees in the Bill concerning the draining and recovery from the Water of certain overflowen grounds in the County of Norfolk, was twice read and Ordered to be ingrossed.

A Motion was made by the Lord Buckhurst, that the County of Sussex might be added to the general Bill of surrounded Grounds.

The like motion was made by the Lord North and others for the Counties of Somerset and Essex: whereunto the House assented. And the said three Counties were accordingly added to the rest.

On Monday the 6^th day of February, the Bill for the confirmation of Letters Patents granted by the Queens Majesty to the Mayor, &c. of the City of Lincoln, &c. was returned to the House by the Earl of Shrewsbury, the first of the Committees, with some Amendments, and a Proviso thought meet to be added.

The Bill that Lessees may enjoy their Leases against all Patentees their Heirs and Assigns was returned to the House by the Lord Archbishop of Canterbury, the first of the Committees, with a Proviso thought necessary to be added.

Excuse was made by the Earl Marshal for the absence of the Earl of Sussex, in regard of his unhealthiness. The like excuse was made by the Bishop of Rochester for the Bishop of Coventry and Litchfield.

Four Bills were brought up to the Lords from the House of Commons; of which the first was for the more speedy payment of the Queens Majesties debts, &c. and the second against the Excess of Apparel.

The Bill for the explanation of an Act for the necessary relief of Souldiers and Mariners, &c. The Bill for the recovering of three hundred thousand Acres of Marsh-grounds more or less, with one other of no great moment, were each of them read tertiâ vice and passed the House, and were sent down to the House of Commons by D^r Carew and D^r Stanhop.

Dominus Custos magni Sigilli continuavit præsens Parliamentum usque in secundam horam postmeridian. At which time the Amendments and Proviso added by the Committees to the Bill for Confirmation of Letters Patents granted to the Mayor, &c. of the City of Lincoln, &c. were twice read.

The Proviso also added by the House of Commons to the Bill for Confirmation of the Joynture of Christian Lady Sandes, was read the third time, and thereupon the Bill was expedited.

Three Bills also had each of them one reading; of which the first being the Bill for the more speedy paying of the Queens Majesties debts, and for the better explanation of the Act made Anno 13° of the Queen, intituled An Act to make the Lands, Tenements, Goods and Chattels of Tellors, Receivors, &c. liable to the payment of their Debts, was read secundâ vice.

Dominus Custos magni Sigilli continuavit præsens Parliamentum usq; in diem crastinum horâ nonâ.

On Tuesday the 7^th day of February, Three Bills had each of them one reading; of which the last being the Bill against the Excess of Apparel, was upon the second reading committed unto the Earl Marshal, the Lord Admiral, the Earl of Northumberland and others.

Three Bills were brought up to the Lords from the House of Commons by Sir William Knolles, Sir John Fortescue and others; of which the second being the Bill against decaying of Towns and Houses of Husbandry was sent back with some Amendments, which were presently twice read.

The Bill that Lessees may enjoy their Leases against all Patentees their Heirs and Assigns, notwithstanding any default of payment of their Rent during the time that the Reversion or Inheritance remained in the Crown, was returned with some Amendments by the Lord Chief Justice, with a Proviso thought meet to be added. Which Proviso and Amendments were once read.

A Message was sent to the House of Commons from their Lordships by M^r Serjeant Drew and M^r Doctor Carew for a Conference concerning the Bill against excess of Apparel, with a competent number of the said House, and the time and place was desired to be this Afternoon by two of the Clock in the great Chamber of the Upper House of Parliament.

Dominus Custos magni Sigilli continuavit præ sens Parliamentum usq; in horam secundam postmeridianam.

At which time the Amendments in the Bill against decaying of Towns and Houses of Husbandry were read secundâ vice.

The Amendments and Provisoes thought meet to be added to the Bill concerning Patentees were read the second time, and thereupon commandment was given, that the said Proviso should be ingrossed in Parchment, and the Amendments written in Paper ready for the third reading.

The Bill for Amendments of High-ways in the Counties of Sussex, Surrey and Kent was read secundâ vice.

The Bill for reviving, continuance, Explanation and perfecting of divers Statutes was returned with their allowance of the Amendments and Proviso added by their Lordships.

Dominus Custos magni Sigilli continuavit præsens Parliamentum usq; in diem crastinum.

On Wednesday the 8^th day of February, the Amendments in the Bill against decaying of Towns and Houses of Husbandry were read the third time as they were ingrossed in the Bill; And thereupon the same Bill with the Amendments were expedited.

The Bill also for Amendments of High-ways in the Counties of Sussex, Surrey and Kent, was read tertiâ vice and expedited.

The Bill that Lessees may enjoy their Leases against all Patentees, &c. notwithstanding any default of payment of their Rents during the time that the Reversion or Inheritance remained in the Crown, was returned to the House of Commons by Doctor Carew and Doctor Stanhop for their considerations of the said Amendments and Provisoes.

No continuance of the Parliament is Entred in the Original Book of the Upper House, which seemeth to have happened by the Error of Thomas Smith Esquire, at this time Clerk of the same.

On Thursday the 9^th day of February, Seven Bills were brought up to the Lords from the House of Commons; of which the first being the Bill for the further continuance and Explanation of an Act made in the thirty fifth year of the Queens Majesties Reign that now is, was returned with the allowance of the Amendments expedited.

And the second Bill for establishing a Jointure to Anne Lady Wentworth, now Wife of William Pope Esquire, and for the better enabling of the said William Pope to sell certain of his Lands for the payment of his Debts, was returned with some Amendments, which were presently thrice read, and the Bill was thereupon expedited, and five others of no great moment.

Dominus Custos magni Sigilli continuavit præsens Parliamentum usq; in horam tertiam postmeridianam.

Her Majesty somewhat after the said hour of three this Afternoon came unto the Upper House, and being there sat with divers Lords Spiritual and Temporal, the Knights, Citizens and Burgesses of the House of Commons, with Christopher Yelverton Serjeant at Law their Speaker, having waited a good while at the said Upper House Door, were at length admitted into the said Upper House, viz. as many of them as could conveniently get in; And the said Speaker having made his three Reverences unto her Majesty spake in effect as followeth.

First he shewed the happiness of a CommonWealth governed by Laws, by which Subjects are held in due obedience; which her Majesty observing, had now called a Parliament for the preservation of some Laws, amending of others, cutting off of unnecessary Statutes, and the making of new, never before Enacted; And that her Majesties Subjects in this Parliament, considering the strength of the Realm to consist in the strength of the Prince and Subjects, and their strength to stand first in the hands of God, and next in Provision of Treasure; And therefore (said he) your Majesties most humble, dutiful and obedient Subjects have by me their Mouth and Speaker presented here a free gift of their free and loving hearts (And so with that he kneeled down and delivered the Bill of Subsidy, which the Clerk of the Crown received, and laid it on a little Table standing before the Speaker, betwixt two great Wax-Candles on a plain Green Carpet) the which I hope and think was granted without a thought of No, sure I am without the word of a No.

The second part shewed a Commandment imposed on him by the House of Commons which was touching Monopolies or Patents of priviledge, the which was a set and penned Speech made at a Committee. The third shewed a thankfulness of the House of Commons for the Pardon. The fourth and last contained the said Speaker's own Petition, that if any fault had been committed in the House, they might not be now again revived; And if either he had spoken too much or not so much as in duty he ought to have done, he besought her Majesties Pardon; And that as it had pleased her Majesty to grant Pardon to all her Loving Subjects, so that she would not exempt him alone, &c.

After which Speech ended the Queen called Sir Thomas Egerton Lord Keeper, to whom (kneeling down before her) she spake in private. And so after he went unto a place like a Desk, made even with the Cloth of Estate on the right side, and there made Answer to the Speakers Speech, which in effect was thus much.

Our Most Dread Soveraign her Excellent Majesty hath given me in Charge to say unto you and the rest of her Loving Subjects, that she doth thankfully accept of their free gift of Subsidy granted by the Commons, which she would not have required, had not the puissance of the Enemy constrained her thereunto. Secondly touching the Monopolies, her Majesty hoped that her dutiful and loving Subjects would not take away her Prerogative, which is the chiefest Flower in her Garden, and the principal and head Pearl in her Crown and Diadem; but that they will rather leave that to her disposition. And as her Majesty hath proceeded to tryal of them already, so she promiseth to continue that they shall all be examined to abide the tryal and true Touchstone of the Law. Thirdly, touching her Pardon, her Majesties Pleasure is that I shew unto you, that you do not so willingly accept it, as she giveth it, &c.

Fourthly for your Pardon (M^r Speaker) her Majesty faith, that you have so learnedly, and so eloquently defended your self now, and painfully behaved your self heretofore, as that your labour deserveth double her thanks: But in your Petition I must also join with you in beseeching her most Excellent Majesty, that if any thing through want of Experience, or through mine imperfections and ignorance have over-slipped me, it may be pardoned and remitted. And so the Lord Keeper ended his Speech.

Nota, That the several and interlocutory Speeches of the Speaker and of Sir Thomas Egerton Lord Keeper, &c. immediately foregoing, with the coming of the said Speaker and the rest of the House of Commons into the Upper House, are not found in the Original Journal-Book of the same House, but are here inserted out of a certain fragmentary Journal of the House of Commons.

After the before-recited Speeches were ended as abovesaid, then were the Titles of all the Acts read in their due Order.

After the passing the Acts, followed the Dissolution of the Parliament in these words, viz.

Dominus Custos magni Sigilli ex mandato Dominæ Reginæ tunc dissolvit præsens Parliamentum.

Nota, That although after these words ex mandato Dominæ sometime the word præsentis doth follow at the end of divers of these Journals during the Queens Reign, where the Dissolution of the Parliament is usually entred; yet elsewhere the said word præsentis is divers times omitted, as well as in this place, as being in it self superfluous, in respect that the aforesaid words Ex mandato Dominæ Reginæ, &c. do necessarily imply the Royal Presence; for otherwise in her absence there could be no such Dissolution by her Highness Command only, without an express Commission or Letters Patents under the great Seal to that purpose: and howsoever the said words be here omitted, yet it is most certain, that her Majesty was both personally present at that time in the Upper House, and gave her Royal Assent also to such Laws as passed, as doth appear most plainly by that fragmentary Journal of the House of Commons taken by a Member of the same at this Parliament, as is before more particularly mentioned at the end of the Lord Keepers Speech delivered this very Afternoon in Answer to the Commons Speaker or Prolocutor.

Nota also, that whereas in the last Parliament in an. 35 Regin. Eliz. Anno Domini 1592. the Knights, Citizens and Burgesses of the House of Commons had, not without long and great debate both with the Lords of the Upper House, and by themselves, at length yielded unto the grant of three intire Subsidies and six Fifteenths and Tenths, and had then also given with that Caution, that it might not hereafter be drawn into a Precedent for future times: yet now at this present Parliament de an. 39, & 40 Regin. Eliz. A. D. 1597. the same proportion, and in the Parliament ensuing, which was held in an. 43 Regin. ejusdem Anno Dom. 1601. (which was the last Parliament of her Majesties Reign) a greater, viz. of four Subsidies and eight Fifteenths and Tenths was again yielded unto: whence it is plain, that whatsoever is once granted by the Subject may often be raised, but seldom falleth.