Journal of the House of Commons: February 1559

February 1559

On Wednesday the first day of February, the Bill touching levying of Fines in the County Palatine of Durham; and the Bill touching thicking of Hats or Caps in Mills, were each of them read the first time. The Bill also touching the grant of Tonnage and Poundage, was read the first time.

On Friday the 3^d of Feb. the title of a Bill, which had this day its second reading, is thus entred in the Original Journal-Book of the foresaid House: The Bill for felling of Wood and Timber in Forrests or Chases. And under the entrance of the title of it, in the Original Journal-Book of the House of Commons, was written Mr Sackvill, by which it should seem, that this Bill was committed upon the first reading to him, and (as it is probable) to others also. By which manner of entring the title of the said Bill, it may plainly be collected, that the Bill it self had at this time its second reading, and was thereupon committed to M^r Sackvill (to whom it seemeth the Bill was delivered) and others whose names are omitted; the manner of which, being there also left unmentioned, I thought good to supply, according to the usual Form, both then doubtless used, and at this day also.

The Clerk of the said House, having read the title, and the Bill aforesaid, standing, kissing his hand, delivered the same with a Breviate (containing the substance of the Bill) annexed unto it, unto the Speaker; who thereupon, standing up uncovered, and reading both the Title, and the Breviate said, This is the second reading; and then, having paused a while, and (as it is likely) none speaking against the Bill, he put the question for the committing thereof, as followeth; viz. As many as do think fit this Bill should be committed, say, Yea. And after the affirmative voice given, as many as shall think the contrary, say, No; and then (as it should seem) the Speaker judging that the affirmative voice was the greatest, did put the House in mind to name Committees. And thereupon every one of the House that listed, did name such other Members of the same, to be of the Committee, as they thought fit; and the Clerk either did, or ought to have written down as many of them, as he conveniently could; and when a convenient number of the Committees named, were set down by the Clerk, then did the Speaker move the House to name the time and place, when and where they should meet, which the Clerk did also doubtless then take a note of, and did also (Silence being made in the House) read out of that Book or Paper (in which he entred them) the Committees names, with the time and place of their meeting.

And it is most probable, that the Clerk of the House of Commons himself, or his servant, in the transcribing out of the foresaid notes into that Book, which now remaineth the Original Journal of the said House, for this present Parliament, did there wittingly and knowingly forbear to insert the names of the other Committees, appointed in the foregoing Bill, with the time and place of their meeting, as matters of Form and not essential to the said Journal.

The Bill for a Subsidy, and two Fifteens and Tenths, granted by the Temporalty, was read the first time.

M^r Carrell, on the behalf of the Committees (who were appointed on Monday the 30^th day of January foregoing) to consider of the validity of the Writs of Summons of the Parliament foregoing, and this present now Assembled, (in respect that these words Supremum caput were wanting in them) did make report, that it was agreed by the said Committee, that the want of the said words did not at all hinder, or impeach the validity of the said Writs of Summons, and so consequently of those preceding Parliaments, or this present now Assembled.

On Saturday the 4^th day of Feb. the Bill for Tonnage and Poundage to be granted to the Queens Majesty, was read the second time, and Ordered to be Ingrossed.

There passed divers Arguments in the House, touching a Request to be made to the Queens Highness, for her Marriage; but by whom the said Arguments were made, or what the substance of them was, or what was resolved by the House upon them, is through the negligence of the Clerk of the House of Commons, omitted in the Original Journal-Book of the same; yet it may easily be gathered by that which followeth, on Monday the 6^th day, and on Friday the 10^th day of this Instant February ensuing; that the House did this day Resolve that such a Petition should speedily be drawn.

February the 5^th Sunday.

On Monday the 6^th day of Feb. the Bill for the Subsidy granted by the Temporalty, was read the second time, and thereupon Ordered to be Ingrossed.

The Bill for the restitution of Tenths, and First-Fruits, was brought from the Lords by M^r Attorney and M^r Sollicitor, the manner of whose delivery thereof, being not found in the Original Journal-Book of the House of Commons, I have caused to be supplied, according to the usual course thereof.

The said M^r Attorney and Sollicitor, being admitted into the said House, came up close to the Table, where the Clerk fate, 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.

It was Ordered by the House, that M^r Speaker with all the Privy-Council, and thirty other Members of the same, should attend upon the Queen this Afternoon, to petition her Majesty, touching her Marriage, in such manner and Form, as had been on Saturday last agreed upon; but whether they were admitted to her Majesties presence, doth not appear, nor can possibly be gathered out of the Original Journal-Book of the House of Commons; neither in what manner their Petition was framed, although it is plain by her Majesties Answer, inserted at large, on Friday the 10^th day of this instant February ensuing, that it was only general, to perswade her Majesty, for the welfare of her State and Kingdom, to be pleased to marry, without limiting the time, Person or place. And howsoever, whether this aforesaid Petition were delivered this Afternoon or no, most likely it is, that her Majesty deferred, and took time to give an Answer in so weighty a business, until the said 10^th day of February aforesaid, which I do the rather gather, not only from the above-mentioned Original Journal-Book it self, in which there is no report or mention of her Majesties Speech, made unto the House by the Speaker, until in the Forenoon of the said day; but also from an antient written Copy of her Majesties said Answer, which I had by me, in which it is referred unto the said 10^th day of February, as then uttered by her, which will also more fully appear in the passages of the said day, where it is at large set down.

On Tuesday the 7^th day of February, the Bill that the Citizens of York may take Apprentices notwithstanding the Statute to the contrary, was read the first time.

The Bill also for the Subsidy of Tonnage and Poundage, was read the third time, and passed; which may be gathered by these words, viz. Judicium assent. placed in the inner margent before the beginning of the entrance of the title of the said Bill in the Original Journal-Book of the House of Commons; by which words I suppose the Clark intended, as much as if he had recorded it at large, that upon the said third reading of the Bill, it passed the House by the judgment and assent of the same. The manner and form of which third reading I have thought good to cause to be applied to the present occasion, according to the usual course therein accustomed.

The Clerk of the House standing up read the Title and the Bill aforesaid, and kissing his hand, delivered the same unto the Speaker, who standing up uncovered, read again the Title of the said Bill, and opened shortly the effects thereof; and then said, This is the third reading of this Bill; and told them further, that with their favour he would now put it to the Question, for the passing; but paused a while to see, if any Member of the House would speak unto it (which at this day is commonly most used upon the third reading of a Bill) and whether any of the said House spake unto the said Bill or no, doth not appear. But the Speaker holding the Bill in his hand, made the Question for the passing of it in this sort, viz. As many as are of the mind, that the Bill shall pass, say Yea; which being Answered accordingly by the House, or the greatest part of them, the Bill passed; and so he delivered it again unto the Clerk, who because the Bill was Originally begun, and first passed in the House of Commons, wrote within the said Bill, on the top of it towards the right hand, these words, viz. Soit baille aux Seigneurs.

The House was Adjourned until Thursday next, because the Morrow following, being Ash-Wednesday, there was a Sermon to be Preached at the Court, before the Queen, at which (as it should seem) the greatest part of the House desired to be present.

On Thursday February the 9^th. the Bill for Melcomb Regis in the County of Dorset, to be fortified, was read the first time; And the Bill also to restore the Supremacy of the Church of England, to the Crown of the Realm, was read the first time, and committed to M^r Cooke, as he is there termed, and elsewhere Sir Anthony Cooke, and as is very probable, also to some others not named. For it may be here noted, that in the first Journals of her Majesties time, the title of M^r only, is ordinarily given to Knights.

M^r Sollicitor and M^r Martin, brought from the Lords the Bill for the Queens Title to the Crown, which was delivered in such order and manner, as was the Bill for the Restitution of Tenths and First-Fruits, on Monday the sixth day of this Instant February foregoing.

Friday 10 Feb. the Bill for one Subsidy, and two Fifteens and Tenths, was read the third time and past.

M^r Speaker declared the Queens Majesties Answer to the Message, which was read to the House by M^r Mason, to the great honour of the Queen, and the contentation of this House; which is all that is contained in the Original Journal-Book of the House of Commons, touching this great business of their Petition, preferred to her Majesty, to induce her to marry; and therefore it shall not be amiss to leave some larger memorial thereof; for this business, having been first propounded and resolved on in the said House, on Saturday the 4^th day of this instant February foregoing, and preferred to her Majesty (as it should seem) on the Monday following in the Afternoon, was not answered by her Majesty until this Morning, and was then also read in the said House; as appeareth by the foregoing imperfect mentioning thereof. And I am the rather induced to conceive, that her Majesty gave not her Answer until this Morning, to the said Petition of the Commons, from a Copy of the said Answer, which I have by me, written by Alexander Evesham, which said Answer out of the said Copy (in which it is referred to this instant 10^th day of February) with the title and subscription thereof, do now in the next place follow, verbatim.

Friday 10^th of Feb. 1558. &c.

The Answer of the Queens Highness, to the Petition propounded unto her, by the Lower House, concerning her Marriage.

As I have good cause, so do I give you all my hearty thanks, for the good Zeal and loving Care you seem to have, as well towards me, as to the whole Estate of your Country. Your Petition I perceive consisteth of three parts, and my Answer to the same shall depend of two.

And to the first part, I may say unto you, that from my Years of Understanding, sith I first had consideration of my self to be born a Servant of Almighty God, I happily chose this kind of life, in the which I yet live: which, I assure you, for mine own part, hath hitherto best contented my self, and I trust hath been most acceptable unto God: from the which, if either Ambition of high Estate, offered to me in Marriage, by the pleasure and appointment of my Prince (whereof I have some Record in this presence (as you our Treasurer well know) or if eschewing the danger of mine Enemies, or the avoiding of the peril of Death, whose Messenger, or rather a continual Watchman, the Princes indignation, was no little time daily before mine Eyes (by whose means (although I know, or justly may suspect) yet I will not now utter, or if the whole cause were in my Sister her self, I will not now burthen her therewith, because I will not charge the Dead) if any of these, I say, could have drawn, or disswaded me from this kind of life, I had not now remained in this Estate, wherein you see me. But so constant have I always continued in this determination, although my Youth and words may seem to some hardly to agree together, yet is it most true, that at this day I stand free from any other meaning, that either I have had in times past, or have at this present; with which Trade of Life I am so throughly acquainted, that I trust, God, who hath hitherto therein preserved and led me by the hand, will not of his goodness suffer me to go alone.

For the other part, the manner of your Petition I do well like, and take it in good part, because it is simple, and containeth no limitation of place or person; if it had been otherwise, I must needs have misliked it very much, and thought it in you a very great presumption, being unfitting and altogether unmeet for you to require them, that may command; or those to appoint whose parts are to desire, or such to bind and limit, whose Duties are to obey, or to take upon you to draw my Love to your liking, or to frame my will to your fantasie: For a Guerdon constrained, and gift freely given, can never agree together. Nevertheless, if any of you be in suspect, whensoever it may please God to incline my heart to another kind of Life, you may very well assure your selves, my meaning is not to determine any thing, wherewith the Realm may or shall have just cause to be discontented. And therefore put that clean out of your heads. For I assure you (what Credit my assurance may have with you, I cannot tell, but what Credit it shall deserve to have, the sequel shall declare) I will never in that matter conclude any thing that shall be prejudicial to the Realm. For the well, good and safety whereof, I will never shun to spend my Life, and whomsoever my chance shall be to light upon, I trust he shall be such, as shall be as careful for the Realm, as you; I will not say as my self, because I cannot so certainly determine of any other, but by my desire he shall be such as shall be as careful for the preservation of the Realm, and you, as my self. And albeit it might please Almighty God to continue me still in this mind, to live out of the State of Marriage, yet is it not to be feared but he will so work in my Heart, and in your Wisdom, as good Provision by his help may be made, whereby the Realm shall not remain destitute of an Heir that may be a sit Governour, and peradventure more beneficial to the Realm than such Off-spring as may come of me. For though I be never so careful of your well doing, and mind ever so to be, yet may my Issue grow out of kind, and become perhaps ungracious, and in the end, this shall be for me sufficient, that a marble stone shall declare, that a Queen having Reigned such a time, lived and died a Virgin. And here I end, and take your coming to me in good part, and give unto you all my hearty thanks, more yet for your Zeal and good meaning, than for your Petition. And under her Majesties Answer aforesaid, was subscribed in the same hand, as followeth;

This was Copied out of a Printed Copy, garnisht with gilt Letters, given to the Honourable the Lady Stafford, of her Majesties PrivyChamber, and written out by Alex. Evesham, 1590. By which subscription the authentickness of this Copy doth sufficiently appear.

On Saturday the 11^th of Feb. the Letany was said by the Clerk kneeling, and answered by the whole House on their Knees with divers Prayers.

The Bill touching Tanners, Curriers, and Shoemakers for Tann'd Leather, And the Bill for felling of Tann'd Leather in Markets, were each of them read the first time. As also the Bill for the Recognition of the Queens Majesties title to the Crown, was read the first time and committed.

The Bill also touching Liberties of Hexham and Hexamshire, and the Bill for the Confirmation of divers Grants and Leases, made by Bishops deprived, were each of them read the first time.

M^r Sollicitor and M^r D^r Lewis, brought from the Lords two Bills, one concerning Treasons, and another for Explanation of the Statute of feditious words and rumors.

The Bills for Tonnage and Poundage, and for the Subsidy of the Temporalty, were sent up to the Lords, by Mr Treasurer and others not named in the Original Journal-Book of the House of Commons.

On Monday the 13^th day of February, the Bill for Garbling of Feathers was read the first time.

The Bill for thicking of Caps by mens Feet and Hands, And the Bill for annexing the Supremacy to the Crown, were each of them read the second time; both which Bills as it should seem were now dashed upon the second reading aforesaid; the first of them (as probably may be gathered) without any great dispute, but the latter being of great weight was long argued (as appears plainly by the Original Journal-Book of the House of Commons) before it was dashed; and the new Bill framed to the same effect, was read the first time on Tuesday the 21^th day, the second time on the 22. day, and the third time on Saturday the 25. day of this Instant February ensuing; when it passed the House. Vide plus concerning this matter on Tuesday the 27. day of April ensuing.

On Tuesday the 14. day of February, the Bill to bring Artificers to dwell in Market Towns, was read the first time.

Divers Arguments passed in the House, touching the framing of a new Bill, for annexing of the Supremacy to the Crown.

On Wednesday the 15^th day of February, Committees were appointed, for the drawing of a new Bill, for annexing of the Supremacy to the Crown.

The Bill to restore the Earl of Pembrook, Sir John Mason, M^r H. Nevill, M^r Fitz Williams, Sir P. Foly, Sir Hen. Seymour, Sir Richard Sackvill, Patentees by King Edw. the Sixth, of the late Bishop of Winchesters Lands; and the Bill for Order of Service and Ministers in the Church, were each of them read the first time.

Upon a Request made to the Lords, that thirty of this House might attend their Lordships, for the Authority of his place, whom it shall please the Queen to take to Husband; M^r Attorney declared from the Lords, that twelve of their Lordships will be to morrow in the Afternoon, in the Star-Chamber, to meet with the thirty Members of this House.

The Bill for punishment of divers Treasons, and the Bill for punishment of false rumors or tales, were each of them read the first time.

On Thursday the 16. of Febr. the Bill for Common-Prayer and Administring of Sacraments, was read the first time.

Two Bills also had each of them one reading, the first being the Bill for the payment of an imposition by French Men in Somerset and Dorset, to Melcombe Regis, was read the second time, and as it should seem, committed to Mr South and others not named.

The Bill for Recognition of the Queens Highness Title to the Crown, was read the second time, but no mention is made, that it was either referred to Committees, or Ordered to be ingrossed; and the reason thereof was, that this Bill had passed the Upper House, and was sent down to the House of Commons, on Thursday the 9. day of this instant Feb. 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 others, 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.

The Bill for the deceitful using of Linnen Cloth, was read the first time.

The Bill for the Recognition of the Queens Title to the Crown, was read the second time; but no mention is made, that it was either Ordered to be engrossed, or referr'd to Committees, because it had been formerly sent from the Lords.

The Bill for punishment of divers Treasons was read also the second time: which Bill being of great moment, was, as it should seem, committed to M^r Vice-Chamberlain (erroneously written Fitz Chamberlain, as may plainly be gathered) and others; although it had been sent down from the Lords on Saturday the 11^th day of this instant Feb. foregoing: in which Case Bills usually pass of course in the House of Commons, when they come ready expedited in Parchment from the Lords.

The Bill for restitution in Blood of the Queens Highness, for the Attainder of Queen Anne her Highness Mother, being brought from the Lords by M^r Attorney, was read the first time.

On Friday the 17^th day of February, two Bills of no great moment, had each of them one reading, of which the second, being the Bill to restore the First-Fruits and Tenths, with a new Proviso, was read the second time, and, as it should seem, committed to M^r Sackvill and others, although it had been formerly sent down from the Lords.

On Saturday the 18^th day of February, four Bills of no great moment had each of them their first reading, of which the last was the Bill to reverse Judgements, in præcip. quod red. for lack of Summons.

The Bill for Leases and Offices made by the deprived Bishops, was read the second time, and as it should seem committed to Mr Gates and others.

The Bill also for the Patentees of the Bishop of Winchesters Lands, was read the second time.

The Bill lastly, for restitution in Blood of the Queens Highness after Queen Anne was read the second time, but no mention is made, that it was either Ordered to be ingrossed, or referred to Committees, because it had been sent from the Lords on Thursday the 16^th of this instant February foregoing.

On Monday the 20^th day of February, the new Bill for Tanning and felling of Tann'd Leather, and the new Bill for regrating of Tann'd Leather, were each of them read the first time.

The Proviso from what time the Repeal of the Attainder of Cardinal Poole shall have commencement, was read the first time.

The Bill touching common Recoveries, was read the first time.

The Bill for the Sessions to be holden in Pembrook Town, was read the second time, and Ordered to be ingrossed; and the Bill explaining the Act of Regrators, Forestallers, &c. was read the second time.

The Proviso in the Bill for First-fruits, was read the first and second time.

The Bill lastly, of Tonnage and Poundage, was brought from the Lords by Mr Sollicitor.

On Tuesday the 21^th day of February, three Bills of no great moment, had each of them their first reading: of which the last was the new Bill for the payment of an imposition by Frenchmen to Melcomb Regis in Dorsetshire.

The Bill for the First-Fruits and Tenths, annexed to the Crown; and the Bill for the restitution in Blood of the Queen, after her Highnesses Mother, did each of them pass upon their third reading, and were sent up to the Lords by Mr Comptroller and others, with the Bill of the Subsidy.

The new Bill for the Supremacy of the Church, &c. annexed to the Crown, was read the first time.

On Wednesday the 22^th day of February, two Bills of no great moment, had each of them one reading, of which the second being the Bill for Supremacy of the Church annexed to the Crown, was read the second time, and ordered to be engrossed.

The Bill for restitution of Gerson Wroth to be naturally English Born, was read the first time.

The Bill against regrating of Tann'd Leather, and Carriers of Leather, The Bill for Tanners and felling of Leather in open Market, And the Bill touching the Repeal of the Attainder of Cardinal Poole, were each of them read the second time, and Ordered to be ingrossed.

Two Bills lastly, of no great moment, had each of them one reading, of which the last, being the Bill for punishment of Treasons, with a Proviso from the House of Commons, was read the third time, and passed the House.

On Friday the 24^th day of February, the Bill touching carrying of Woollen-Cloths over the Sea, The Bill for searching and sealing of Woollen-Cloths, And the Bill for Heneden and Hold shire, parcel of the Bishoprick of Durham, to be to Sir Francis Jobson Knight, were each of them read the first time.

The Bill for the restitution of the Blood of Sir James Crost, and the like Bill for Sir Hen. Gates, were brought from the Lords by Mr Comptroller and others.

John Smith returned a Burgess for Cammelford in Cornub. upon a Declaration by M^r Marsh, that he had come to this House being Out-lawed, and also had deceived divers Merchants in London, taking Wares of them to the summ of three hundred pounds, minding to defraud them of the same, under the colour of the Priviledge of this House, the Examination whereof being committed to Sir John Mason and others of this House, it was found and reported to be true, and a Writ of Capias utlagatum against him, was directed to the Sheriff of London, return. Quindena Paschæ next, at the Suit of Will. Pincbbeck and Johan his Wife, in a Plea of Detinue.

Upon which matters consultation being had in the House, the Question was asked by Mr Speaker, if he should have priviledge of this House or not. But by the more number of Voices it seemed, that he should not have priviledge. And upon the division of the House, the number that would not have him to be priviledged, was a hundred and seven persons, and the number that would he should be priviledged, was a hundred and twelve, and therefore it was Ordered that he should still continue a Member of the House. Vide concerning this matter in a like President in an. 35 Regin. Eliz. in the Journal of the House of Commons, on Thursday the first day, Friday the 2^d day, on Saturday the 17^th day, and on Monday the 19^th day of March.

On Saturday the 25^th day of February, the Bill for the Incorporation of Trinity-Colledge in Cambridge, and the Bill for the preservation of the Fry of Eels and Salmons, were each of them read the first time.

The Bill for the Supremacy of the Churches of England and Ireland, and abolishing of the Bishop of Rome, with a Proviso for Richard Chettwood and Agnes Woodhall, was read the third time, and passed upon the Question. And one other Proviso touching Robert Harecourt Merchant of the Staple, was read the first, second, and third time.

On Monday the 27^th day of February, five Bills of no great moment, had each of them one reading, of which the three last, being for the restitution in blood of John Lord Grey, Sir James Crostes, and Sir Henry Gates, were each of them read the first time.

The Bill touching the Declaration of the Repeal of the Attainder of Cardinal Poole, was read the third time, and passed the House, and was sent up to the Lords by M^r Treasurer, together with the Bill touching the Queens Supremacy, and also the Bill of Treasons.

The new Bill for preservation of Woods was read the first time.

The Bill lastly, for repealing and reviving an Act for Shoomakers and Curriers, And the Bill for Tanners and felling of Tann'd Leather in Markets or Fairs, were each of them read the third time, and passed upon the Question.

On Tuesday the 28^th day of February, three Bills of no great moment had each of them one reading, of which the last being the Bill for assurance of certain Lands, late parcel of the Bishoprick of Winchester, granted to King Edward the Sixth, and by his Letters Patents granted to the Earl of Pembroke, Sir William Fitz-Williams, Sir Philip Hobbie, Sir John Mason, Sir Henry Seymour, Sir Henry Nevil, and Sir Richard Sackvill, was read the first time, and as it should seem committed to M^r King smell to be considered of.

John Owersall one of the Burgesses for Hull, Edmund Gascoigne Burgess for Thetford in the County of Norfolk, and William Carvell one of the Burgesses for Northampton, were each of them in respect of their several occasions, Licensed to depart.