Journal of the House of Lords: February 1559

February 1559

On Wednesday the first day of February, the Bill for the Recognition of the Queen's Highnesse's Title to the Imperial Crown of this Realm, was read the first time, (in such manner and form, as the Bill for the Restitution of the Firstfruits and Tenths, &c. was read, on Monday the 30th. day of January foregoing;) and was thereupon Committed to the Queen's Attorney, which cannot properly be called a Committing of the Bill, because no Lords are named Committees therein, but only a referring of the Bill to the said Attorney, (who, as is most likely, with the residue of the Queen's Learned Council, did at first draw it) that so upon further perusal thereof, he might again bring it into the House, and Certifie the Lords, if any thing were to be altered or reformed in it.

On Saturday, the 4th. day of February, the Bill, for the Recognition of the Queen's Highnesse's Title to the Imperial Crown of this Realm, was read the second time, in such manner and form as the Bill, for the Restitution and Annexation of the First-fruits, &c. was read, on Tuesday the 31th. day of January foregoing, and was thereupon Ordered to be ingrossed.

The Bill also for the Restitution and Annexation of the First-fruits and Tenths and Rents reserved Nomine Decimæ, and of Parsonages impropriate, to the Imperial Crown of this Realm, was read the third time, The whole manner and form of Proceedings wherein, as also of the sending thereof down unto the House of Commons, I have caused to be Transcribed out of that before-mentioned written Discourse, touching the whole Order and Process of passing of Bills in the Upper House, Penn'd by H. Elsing Esq; at this time Clerk of the same, this present year 1630. and the form of the said sending down thereof, out of a like Treatise, of passing Bills in the House of Commons, Pen'd by W. Hackwel of Lincolns Inn Esq; for I conceive there is no question, but that the Form used at this day, is one and the same with that which was observed this first year, and the rest ensuing of her Majesties Reign; And therefore I have applied all to this time, although there be nothing thereofexpressed, in the Original Journal Book it self of the Upper House, save only the very Title of the Bill, the time of the reading, the dissent of the Bishops, and the sending of it down to the House of Commons.

Francis Spilman Clerk of the House, standing by the Table at the nether Woolsack, read the same Bill, and then indorsed upon it, being fairly ingrossed in Parchment, these words 3. vice lecta, and then delivered the same, kneeling to the Lord Keeper, without any Brief of the Bill, who thereupon, repeating the Title only of the Bill, said, This is the third Reading of the Bill.

Then his Lordship demanded of the House, whether he should put it to the question for passing, which being agreed on affirmatively, the question was thus put.

Such of your Lordships as are of opinion, that this Bill is fit to Pass, (or shall Pass,) say, content.

Then the lowest Baron first beginning said, content, without any more words, and so did all the other Barons in their order, ascending to the Highest.

Then the Bishop of Carlile, being the puisne Bishop present, said, not content; and so also, in like manner, said the Bishop of Chester, the Bishop of Exeter, the Bishop of Coventry and Lichfield, the Bishop of Landaffe, the Bishop of Worcester, the Bishop of London, and the Archbishop of York; by which it may be seen, how unwillingly these Popish Bishops did suffer their Dagon to fall down.

And after the Bishops, all the other Temporal Lords present, beginning with the lowest and ending with the highest, did all (Nullo Contradicente) say, content.

After which, all the Barons first stood up, and after them all the Earls and other Lords who had voted the Affirmative. And then stood up the Archibshop of York and all the other Bishops who had voted the Negative, and so upon the great inequality of their Voices at the first view, the Bill Passed, and its likely, that the Voices for the Passing of the Bill exceeding so much the number of those, who were against it, that the Proxies of the absent Lords were not at all demanded, which might have been, if the House had moved or required it; but, I conceive, that those are most frequently called for, when the difference of the House stands upon some equality of Voices.

The Bill being thus Passed, was delivered to the Queen's Attorney and Solicitor, to be carried to the House of Commons, which was not performed by them, as appears by the Original Journal Book of the said House, until the Monday following, being the 6th. day of this instant Feb. the manner of the delivery thereof was as followeth, viz.

The said Attorney and Solicitor, being admitted into the said House, came up close to the Table, where the Clerk sate, and made three Congies, and then acquainted Sir Thomas Gargrave the Speaker, that the Lords had sent unto the House such a Bill, of which one of them Read the Title, and so again departed the House, having made three other Congies.

There are also divers Proxies entred at the begining of the Original Journal Book of the Upper House, to have been returned, and introducted this day, but whether before or after the continuance of the Parliament, and rising of the House, doth not appear.

On Thursday, the 9th. day of February, the Bill wherein certain offences be declared Treason, was Read the first time.

The Bill also for the Recognition of the Queen's Highnesse's Title to the Imperial Crown of this realm, was by general consent concluded, this being the third Reading, and so the same was delivered to Mr. Solicitor and the Clerk of the Crown, to be carried to the House of Commons: the whole form of which Proceedings, touching the third reading, Passing and sending down of a Bill, see in a like Case on Saturday, the fourth day of this Instant Feb. foregoing.

The Bill against Slanderous and Seditious words, was Read prima vice.

On Fryday, the 10th. day of Feb. The Bill, whereby the Queen's Highness is made inheritable to the late Queen Ann her Majestie's Mother, was read prima vice, and after the reading of two other Bills, was read again the second time, and Ordered to be ingrossed, which speedy course the House took for the Passing of this Bill to express their zeal and affection to her Majesty, whom it so nearly concerned.

The Bill lastly, whereby divers Offences be made Treason, and the Bill against Seditious words and rumours, were each of them read the second time, and Ordered to be ingrossed.

On Saturday, the 11th. day of February, two Bills of no great Moment, had each of them their third reading, and were sent unto the House of Commons, by Mr. Solicitor and Mr. Lewis, of which the first was the Bill for explanation of the Statute of Seditious words and rumours.

Two Bills were brought up to the Lords from the House of Commons, by Mr. Treasurer and others, viz. The Bill of a Subsidy granted to the Queen's Majesty by the Temporalty, and the Bill of a Subsidy of Tonnage and Poundage.

The said Mr. Treasurer, being the Principal Messenger, accompanied with divers other Members of the House of Commons, came in the first rank of them to the Rail, or Bar, at the lower end of the Upper House, and, after three Congies made, declared unto their Lordships, That the Knights, Citizens and Burgesses of the House of Commons had sent unto them two Bills, of which he read the Titles, and then Sir Nicholas Bacon, Lord Keeper, rising from his seat, came down to the Bar to receive them, to whom the aforesaid Mr. Treasurer did in all humble manner deliver them, and thereupon, with the residue of his Company, having made other three Congies, departed.

On Monday the 13th. of February, the Bill for one Subsidy and two Fifteens and Tenths granted by the Temporalty, was Read prima vice, and Committed, (or rather referr'd) to the Queen's Attorny and Solicitor, of which see a like improper Commitment on Saturday the 10th. day of this Instant February foregoing, in fine diei.

The Bill also of a Subsidy of Tonnage and Poundage was Read the second time, but no mention is made that it was either referr'd to Committees, or Ordered to be ingrossed; and the Reason thereof was that this Bill had pass'd the House of Commons, and was sent up unto the Lords on Saturday the 10th. day of this instant February foregoing, fairly ingrossed in Parchment, and therefore 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 the whole House. A second reason, that sometimes a Bill may neither be referred to Committees, nor Ordered to be ingrossed upon second reading, although it hath not Passed the House of Commons, may be, because Bills of Grace, viz. for the Restitution of Blood, of Naturalization, 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. A third and last reason thereof may be, when the Lords defer the Committing, or ingrossing of any Bill, unto some other time, as tell out in the Bill touching the Commission of Sewers, in A. 13. Regin. Eliz. which was Read secunda vice on Fryday the 20th. day of April, and referred to Committees on the day following (although sometimes it may be omitted likewise through the negligence of the Clerk of the Upper House.)

The Bill lastly, whereby the Queen's Majesty was restored in Blood to the Late Queen Ann, her Highness's Mother, was read tertia vice & Communi omnium proceram assonsu conclus.

Custos magni Sigilli continuavit presens Parliamentum usq; in diem Mercurij prox' hora nona.

On Wednesday, the 15th. day of February, The Bill of a Subsidy, and two Fifteens, and Tenths, granted by the Temporalty was read the second time, but no mention is made, that it was either referred to Committees, or Ordered to be ingrossed, vid. Consimil. on Monday, the 13th. day of this instant February foregoing.

The Inhabitants of the Shires of Wales, and County Palatine of Chester, who are Charged as well with Mises as divers Subsidies, now immediately due, made Petition to the Lords to be respited and to have longer day for the payment thereof, whereupon it was thought good by the Lords, that the Queen's Majesty should be moved therein by the Lord Keeper of the Great Seal, who having knowledge of her Will and Pleasure in that behalf, signified the same unto the Lords, according to which, and for more Corroboration thereof, it was in her Highnesse's name commanded that an Entry thereof should be made, as followeth.

It is Ordered and Decreed by the Queen's Highness, and assented unto by the Lords, that in that year, in which our Sovereign Lady the Queen's Highness shall award her Commission for the assessing and payment of any her Majesties Subsidies, now due, or by the Authority of this present Parliament to be due, the Shires of Wales, and Counties Palatine of Chester, chargeable with the payment of the same, and every of them, shall not be charged, or chargeable with the payment of the Mises now due to her Majesty, nor in that year, in which her Highness shall have payment of the said Mises, the said Subsidies, or any of them, shall be paid by any the said Shires or County Palatine aforesaid.

Custos Magni Sigilli continavit presens Parliamentum usq; in diem Jovis prox' hora nona.

On Thursday, the 16th. day of February the Bill of a Subsidy, and two Fifteens, and Tenths, granted by the Temporalty, being read tertia vice, and by common consent concluded, with certain Amendments to be inserted, was delivered to Mr. Attorny and Mr. Vaughan, to be carried to the House of Commons.

In which Bills sending down, because both the manner of writing the said Amendments, and the Subscription of the Lords under them, do differ from all ordinary Proceedings, if the Bill had Passed the Upper House without such Amendments; therefore I have thought good to add the whole manner and form thereof, according to a like President in the Original Journal Book of the House of Commons, An. 39. & 40. Regin. Eliz. Decemb. 20th. Tuesday: although there be not mention there made in the Original Journal Book of the Upper House on this foresaid present Thursday the 16th. day of February.

But because it is difficult to conjecture the Express manner of the Lords proceedings at this time, therefore I can only apply the imitation of that President to this present occasion by probability.

The Lords having added certain Amendments to the Bill of Subsidy, which had formerly Passed the House of Commons, and been sent up from thence to their Lordships, ingrossed in Parchment, and so remained still the Bill of the same House; did cause the said Amendments to be written in Paper, and annexed them to the Bill, shewing the Line, and the place of the Line in the Bill, where such words or Amendments should be put in, and where any other former words in the Bill should be put out. And then their Lordships subscribed or indorsed under the Superscription or indorsment of the House of Commons in the same Bill, à Ceste Bille avecque les amendments à mesme le Bille annexe les Seigneurs sont assentus; and so the Bill was delivered to Mr. Attorny and Mr. Vaughan as aforesaid, to be carried to the House of Commons, together with the Bill whereby the Queen's Majesty is made inheritable to the late Queen Ann her Highnesse's Mother. But if the Lords had added any new Proviso to the foresaid SubsidyBill, that ought to have been sent down to the House of Commons written in Parchment. ut vid. March 23. Thursday, postea.

On Munday the 20th. day of February, The Bill of the Subsidy of Tonnage and Poundage which by common consent was concluded upon the third reading, was delivered to Mr. Solicitor and Mr. Martin Clerk of the Crown to be carried to the House of Commons, with certain Amendments to be put thereunto.

On Tuesday the 21th. day of February, two Bills were sent up to the Lords from the House of Commons, of which the first being the Bill for the Subsidy, and the second to restore the Queen in blood to the late Queen Ann her Highnesse's Mother, were each of them return'd exped'.

The Bill also for the restitution of the Firstfruits and Tenths and Rents reserved Nomine Decimæ and of Parsonages impropriate, to the Imperial Crown of this Realm, was returned from the House of Commons, with five Provisoes added thereunto by the said Commons, and certain Amendments to be reformed therein; which said Provisoes were written in Parchment, and the Amendments in Paper.

Whereas J. Broxham brought an Assize against the Lord Willoughby of Parham, to be Tryed at the Assizes and Sessions now next to be holden at Lincoln, at the Complaint and Petition of the said Lord Willoughby, in respect of his necessary attendance at the Parliament, whereby he cannot attend with his Learned Council at the Assizes, the rather for that some of his Council are also Burgesses, and attend the Parliament, it is Ordered and Decreed by the Lords, that an Injunction presently be awarded out of the Chancery to the said John Broxham, his Counsellors and Solicitors commanding them and every of them, upon pain of 500 l. that none of them in any wise proceed in and to the Tryal of the said Assize, at this Assizes now next to be holden at Lincoln.

On Wednesday the 22th. day of Feb. the Bill for the Restitution in blood of Sir James Crofte was read prima vice.

On Fryday the 24th. day of February, the Bill for the restitution in Blood of Sir Henry Gate was read three times, and the like Bill for Sir James Crofte was read Secunda & tertia vice, and both sent down to the House of Commons by Mr. Solicitor and the Clerk of the Crown. The manner whereof vide on Saturday the 4th. of this instant Feb. foregoing.

On Saturday the 25th. day of February, the Bill for the Restitution in blood of the Lord John Gray was twice read, and after that, the Bill against Conveyance of Horses into Scotland, was read the first time, the said Bill for the Lord Gray was read the third time, and Passed, and sent to the House of Commons by Mr. Attorny, and Mr. Solicitor, which was done in honour of him.

On Monday the 27th. of February, the Bill whereby certain Offences be made Treason, with a Request, that a Proviso therein contained, be put out, and another devised by the House of Commons to be put in the stead thereof; The Bill for the restoring the Supremacy to the Imperial Crown of this Realm, and Repealing divers Acts of Parliament made to the contrary, and the Bill for the restitution of the Lord Cardinal Pool, were sent up to the Lords from the House of Commons, the manner of which see on Saturday the 11th. day of this Instant Feb. foregoing. And the said Bill, touching Cardinal Pool, was read prima vice and committed to the Chief Justice, and the Queen's Attorney, vid. March 3. postea.

The Bill lastly against Conveyance of Horses into Scotland, was read Secunda vice, & Commissa ad ingrossandum.

On Tuesday the 28th. day of February, the Bill for the restoring of the Supremacy to the Imperial Crown of this Realm, and the Bill for the explanation of the attainder of the Lord Cardinal Pool, were each of them read Secunda vice, but there is no mention made, that they were either Ordered to be ingrossed, or referred to Committees, because they had been sent from the House of Commons, on the day immediately foregoing.