The Statutes of the Realm/Volume 1/Introduction/Appendix/F
APPENDIX. F.
Observations on Original Acts and Instruments in the Parliament Office at Weſminſter, as compared with the Inrollments in Chancery, and the Journals of the House of Lords. Temp. Hen. VII. to Car. I.
THE Instruments in the Parliament Office commencing 12 Hen. VII. consist, in general, of Original Engrossments of Bills or Acts as they passed the respective Houses of Parliament and received the Royal Assent. These Instruments are all separate from each other; they are distinguished by Numbers, and tied up in Bundles, each of which ought to contain the respective Acts of the several Years, the Titles of which are entered in Calendars kept for that Purpose; but length of Time has produced some Irregularities and Deficiencies.
When the Bill originated in the Lords, Soit baille aux Communs is written on the Front, and sometimes also Missus a Dominis, signed by Cler. Parl. and then A cest Bill les Communs ont Assentus: If it originated in the Commons, then Soit baille aux Seigneurs, and afterwards, A cest Bill les Seigneurs ont assentus: Where any Provisoes or Clauses have been tacked to the Bill as Riders, these are noticed in the Assent of the Lords and Commons to the Bill in a general Manner, ouesq’ les Provisions annex; and sometimes also in the Royal Assent. The Royal Assent or Refusal is indorsed; and to those which receive the Royal Assent the Name of Henry R. is written by the King at the Top, and in some Instances both at Top and Bottom. Many Erasures and Interlineations appear on these Acts, with Memoranda annexed. In general there is nothing written on any of the Acts to ascertain in what Year or in what Parliament they passed; they are all tied up separately, as Instruments unconnected with each other, otherwise than as being all rolled up together in one Roll of Parchment indorsed with the Year of the King’s Reign, and buckled round with a Thong of Leather.—Many Instances occur of Acts missing, and mentioned in the Calendar so to be.
The Rolls containing the Inrollment of the Acts of each Year in Chancery, commence with 1 Ric. III. and are continued to the present Time; on these Rolls the Acts inrolled are entered in a regular Series, numbered progressively as they are entered on the Roll, without Regard to the Number of the original Act at the Parliament Office.
The Journals of the House of Lords do not commence till the First Year of Henry VIII; and the Journals of the Years 4, 5, 14 & 15, 21, 22, 23, 24, 26, and 27 Hen. VIII, and 1 Mary, Session 1 and 2, are not preserved. In several Years the existing Journals contain an Index Statutorum or List of Acts passed in each Session.
HENRY VII.
Anno 12 Hen. VII. The Roll in Chancery begins with the Forms of opening the Parliament, Names of Receivers and Triers of Petitions, the Election and Presentation of the Speaker: None of these appear in the Parliament Office. The Instruments in the Parliament Office No 1, 2, 3, 4, 5, 6, & 7, answer to No 5, 6, 7, 8, 9, 10, & 11, on the Roll in Chancery; being Chapters 1 to 7 of the Public Acts as usually printed. The Act for Fifteenths and Tenths, and the Act for Subsidy, which are numbered 12 and 13 on the Roll in Chancery, are tacked together in the Parliament Office, No 8, and between them is a Slip of Parchment, with the Proviso in Favour of the Colleges in the Two Universities, &c. which is at the End of the Subsidy Act, No. 13, on the Roll.—See the Printed Parliament Rolls, vol. vi. pa. 519. No. 13, and pa. 521.
Two Schedules with the Names of Commissioners for levying the Subsidy entered on the Roll, in Chancery, as having been annexed to the Subsidy Act, do not appear at the Parliament Office.
The Bundle in the Parliament Office of this Year, 12 Hen. VII., contains a Letter or Writ on Paper, of which the following is a Copy:
| H.R. [The King’s Signature.] |
By the King. |
Trusty and welbeloued We grete You well And for somouche as we haue commaunded our Right trusty Counseillor the Maister of our Rollys to deliver unto you certain Rolles for thentre of the contynue of a bil of Prouiso signed wh oure hand of and vpon an Office by us graunted unto our trusty s͛uant William Stafford Wee therfor Wol that when ye shall have duely entered the said bill of prouiso into the forsaid Rollys Ye Doo the same to be redeliuered again vnto oure said counseillor And these our l̵res shalbe Yor Warrant in that behalue Yeuen under oure signet at or palas of Westmr the furst day of Decembr̃ the xiiijth Yere of our Reigne.
Indorsed—To our trusty and welbeloved the Clerc of our ꝑliament.
The Proviso alluded to is annexed to the Letter on a Slip of Parchment, signed by the King, and indorsed—
iiij decēbr̃ ao xiiij H. 7. irrr ī Rot̃lo ao iij r̃. r̃. Henr̃ vij.
This Proviso is entered on the Roll in Chancery of 3 Hen. VII. at the End of the Roll, after the Signature “J. Morgan,” who was Clerk of the Parliament in 3 Hen. VII. and is signed R. Hatton, who was Clerk of the Parliament in 12 Hen. VII. and 19 Hen. VII. No Parliament was holden in 14 Hen. VII. None of the Statutes 3 Hen. VII. are in the Parliament Office. See the Printed Rolls of Parliament, vol. vi. p. 407, 408; See also a similar Instance, Printed Rolls, vol. v. p. 516. 4 Edw. IV. nu. 10.
This Bundle also contains Articles of Accusation against Thomas Yotten, the Town Clerk of York, on a Roll of Parchment, apparently incomplete: This does not appear to have been any Parliamentary Proceeding whatever.
The introductory and concluding Forms to each Act, “Item quedam Billa,” &c. and the Conclusion “Qua quidem Billa,” &c. which during this Period are respectively inserted at the Beginning and End of each Act on the Roll in Chancery, are never inserted on the Original Act at the Parliament Office.
19 Hen. VII.—The introductory Forms of opening of the Parliament, &c. which as usual are on the Roll of Chancery, do not appear on any Instrument at the Parliament Office.
The Act entered on the Roll in Chancery No. 2. pro Principe, is wanting at the Parliament Office. The Act, For the Monastery of St. Saviour of Sion, No. 33. at the Parliament Office, is No. 6. on the Roll in Chancery. This Act provides that if the King shall at any Time during the Parliament &c. make any Covenant by Indentures with the said Convent respecting certain Matters mentioned, that such Indentures &c. shall stand and be as an Act of this present Parliament, and be of like Force, as if they were entered in Parliament, and in the Rolls of the said Parliament remaining of Record—No. 7. on the Roll in Chancery is an Entry of an Indenture on the Subject alluded to in No. 6. This does not appear in the Parliament Office.
No. 34. in the Parliament Office (a Subsidy Act) is No. 11. on the Roll in Chancery: The Schedule of Names annexed to this Act is contained in the Parliament Office, in a long narrow Roll, consisting of many Rolls tacked together, and the Order of the Counties is different from what appears on the Roll in Chancery or the printed Copy of it. On the Roll at the Parliament Office several Places are inserted, and the Names of the Commissioners appointed crossed through. These are omitted on the Roll in Chancery.
No. 19. on the Roll in Chancery, Chapter 9. of the Public Acts as printed, is missing at the Parliament Office.
No. 24. in the Parliament Office, an Act for Attainder of Lord Audley and others, is No. 21 on the Roll in Chancery: This Act, in the Parliament Office, is contained in Two Sheets of Parchment and Two Riders or Provisoes, tacked all together; One of these Sheets and both the Riders are signed H. R. but no Royal Assent appears indorsed on any of them.—In the Bundle of this Year is the following Letter from the King to the Speaker of the House of Commons, directing the Erasure of the Name of Robert Symson from this Act. On the Act, as in the Parliament Office, an Erasure appears accordingly in various Places before the Name of John Watson. In the Roll all is fair, and the Royal Assent is entered.
| H. R. [The King’s Signature.] |
By the King. |
Trusty and welbeloved we grete you wele And where as a bill of attaynder cam lately unto you to pass by the Assent of this present Parliament in the which Bill oon Robert Symson of our Citie of London gentilman is recited amongst other Rebellys to passe in the said Attayndre We for certain Causes us moving Wol and comand you to doo the name of the said Robert Symson by whatsoever Name or Names he be called to rased and strocken owte of the said Bill and these or l̵res shalbe your sufficient Warrant in that behalve. Yeven under our Signet at our Palais of Westmr the xxviijth day of Marche.
| Indorsed— | To our * * * Dudley Speker | [Sir Edw. Dudley was Speaker this Year. See Rot. Parl. 19 H. VII.] |
| * * * Mordaunt Knight. |
No. 8. in the Parliament Office is No. 27. on the Roll in Chancery, and Chapter 10 of the Public Acts as printed. The last Proviso to this Act, in favour of H. Wyatt, was omitted in the old Editions of the Statutes, but was inserted by Cay. On the Roll in Chancery it appears that this Proviso was omitted at first to be entered, and was afterwards inserted in a Rider annexed, and signed “Exd per me R. Hatton.”
On No. 27. in the Parliament Office, which is No. 32. on the Roll in Chancery, the Royal Assent is written twice.
No. 20. in the Parliament Office, respecting the Staple at Calais, is No. 3. on the Roll in Chancery. Tacked to No. 20. is an Instrument beginning “Also where,” &c. but which appears to have been a separate Bill, with separate Assent of both Houses and the King. The Royal Assent was first “Soit fait come il est desire,” but this is run through with a Pen, and “Le R. le veut,” written instead: This is entered on the Roll in Chancery nu. 33, as a separate Act, with the latter Form of Assent; and is Chapter 22 of the Printed Acts “For Attornies and Factors at Calais.”
The Bundle at the Parliament Office of this Year, 19 H. VII. also contains—1. A Roll of Names of Commissioners for the Subsidy, not belonging to this Year, nor on the Roll in Chancery, but probably belonging to 12 Hen. VII.—2. The King’s Letter for Symson above stated.—3. A Bill (Number 22.) to repeal an Act, 4 H. IV. that Merchandize should be charged and discharged at the greate Ports of the Realm, and not in Creeks, &c. Indorsed Le Roy se advisera. In the Calendar it is called “An Act concerning Creeks, &c.”
HENRY VIII.
A Bill respecting Hunting, with “Le Roy s’avisera” indorsed, is contained in the Bundle of this First Year at the Parliament Office, as also a Recognizance, on Paper, from the Bishop of Coventry and Litchfield. In the same Bundle are also contained two Sets of Provisoes, but to what Acts they belong does not appear, nor are they contained in any Act of 1 Hen. VIII. on the Roll in Chancery.—There is also a separate single general Proviso in Favour of the Hanse Merchants, exempting them from the Operation of any Acts of that Session, which does not appear on the Roll in Chancery. These Provisoes are all signed by the King.
To No. 4. in the Parliament Office, in the Bundle of 3 Hen. VIII., No. 9. on the Roll in Chancery for that Year, and printed as Chapter 4 of the Public Acts, for the Protection of Persons in the War, the Assent of the Commons is expressed, “oue le Schedule annex.” This Schedule contains loose Memoranda of a Proviso to be added to, and of various Alterations to be made in, the Act. The Alterations are made on Erasures accordingly; and in the Entry on the Roll in Chancery the Proviso is added, and the Act entered as corrected. The Royal Assent or Signature does not appear to the Schedule in the Parliament Office.—To Cap. 11. No. 11, in the Parliament Office, respecting Physicians and Surgeons, a Memorandum is annexed “That Surgeons be included like as Physicians for preventing the Mischief of ignorant Persons presuming to exercise Surgery.”[1] and every Thing relating to Surgery is accordingly interlined. This Act is entered twice on the Roll in Chancery, No. 18. and No. 22. exactly alike, and with the Insertions as to Surgeons.
To No. 21. in the Bundle of this Third Year in the Parliament Office, No. 1. on the Roll in Chancery, and Chapter 1. in the List of Private Acts, as printed in the modern Editions of the Statutes, three Provisoes annexed are signed by the King, and included in the Assent of the Commons. A separate Bill is also annexed, beginning, “Be it furthermore enacted,” with distinct Assent of the King, and of the Lords and Commons; all these are included in one Act in the Roll in Chancery.—To No. 23. in the Parliament Office, being No. 7. on the Roll in Chancery, which is a Subsidy Act, the Royal Assent is endorsed on the Act at length, “Le Roy remercie ses Com̄s, &c.” On the Roll the Assent is expressed, “Le Roy le veult.”—No. 8. on the Roll in Chancery is wanting at the Parliament Office.
No. 16. in the Bundle of this Year at the Parliament Office, is No. 4. on the Roll in Chancery, and Chapter 4. in the printed List of Private Acts. No. 17. in the Parliament Office, is No. 2. on the Roll in Chancery, and Chapter 2. in the printed List of Private Acts. No. 16. and 17. in the Parliament Office, are both indorsed, “Soit fait, &c. oue les Provisions a y celles annexes.” To No. 17. there are twenty-five Provisoes annexed, in separate Slips of Parchment; to No. 16. no Provisoes are now annexed: It appears, however, that eight of the twenty-five Provisoes annexed to No. 17. belong to No. 16. and these are accordingly so entered on the Roll in Chancery. All these Provisoes are signed “Henry R.” in the King’s Hand-Writing. One is indorsed “Le Roi le veut.” On the Front of another is written, in a Hand quite different from the Text of the Proviso,
| “Vacat̃ ꝑ expressum meum consēsum |
ꝑ me Ed̵um Sutton Dom. Dudley.” |
But no Notice is taken of this in the Roll in Chancery, where this Proviso is regularly entered in the same Manner as the other Provisoes. On the Face of one of the Provisoes is written, “By the King,” in the same Hand as the Body of the Proviso.
The Acts of the Years 5 Hen. VIII., 6 Hen. VIII., and 7 Hen. VIII. at the Parliament Office, appear to have been intermixed with each other, and afterwards arranged, and their Titles inserted in the Calendar, without Reference to the Roll in Chancery or to the Journals of the House of Lords: The Bundle of the 5th Year contains only ten Acts, the Titles of which appear in the Calendar as being all the Statutes of that Year. On the Roll in Chancery of that Year are nineteen Acts: The nine deficient Acts at the Parliament Office are mixed in the Bundles, and inserted in the Calendar, as of the 6th and 7th Years.
One of the Acts of the 7th Year, Cap. 5. of the Public Acts, is missing from the Bundle at the Parliament Office, and so marked in the Calendar: And in the Bundle of the 6th Year, No. 28. is an Act of the 4th Year.
To the Act of Resumption of 6 Hen. VIII., No. 25. in the Parliament Office, among several other Riders or Schedules annexed was one in Favour of George Earl of Shrewsbury, which, by some Mistake, was omitted to be inserted in the Roll in Chancery when the Act was there inrolled. See No. 8. on that Roll. To remedy this Defect, the Original Rider or Schedule, signed with the King’s Hand, has been taken from the Instrument at the Parliament Office, and tacked to the Roll in Chancery, with a Reference to the Place where it should be inserted; and to the Instrument at the Parliament Office is added a Copy of the said Rider or Schedule, with a Notice that the Original was so annexed to the Roll in Chancery.[2]
None of the Acts of the two Sessions of Parliament, the one holden in 14 & 15 Hen. VIII. and the other in 21 Hen. VIII. are to be found in the Parliament Office; nor is any Notice taken, in any of the Calendars or Indexes there, of any Acts passed in either of those Years: Nor is there any Journal of the House of Lords for those Years. The Acts, however, are entered on the respective Rolls of each Year in Chancery. Several Acts on the Roll of the Session 14 & 15 Hen. VIII. want the Form of the Royal Assent at the End of the Act; but this is supplied by the very full and explicit Conclusion of the Roll, which states the Royal Assent being given at the End of the Parliament to all the Public Acts, which were read “per initia” for that Purpose.
The two last Articles on the Roll in Chancery, of the 23d Year, No. 33. and 34; No. 33. entitled, “An Act concerning Restraint of Payment of Annates to the See of Rome;” No. 34. entitled “The Ratification of the Act restraining the Payment of Annates to the See of Rome;” are wanting at the Parliament Office. Some remarkable Circumstances respecting these two Articles, and also one in the 25th Year, shall here be stated.
The first of these, No.33. is not inserted in the old Editions among the Statutes 23 Henry VIII; but is printed in Pickering’s Statutes, vol. iv. pa. 247—251; and Ruffhead’s Appendix, pa. 117, as Cap. 20 of that Year. It contains, towards the Conclusion of it, a Proviso that the King may, at any Time on this Side the Beginning of the next Parliament, “by his Letters Patents under his Great Seal, to be made and to be entered of Record in the Roll of this present Parliament,” have Power to declare whether the Act shall take place as a Statute or not. After the Ingrossment of the Act on the Roll are added, very unusually, the Forms written on the Bill to signify the several Assents of the two Houses; viz. “Soit baille aux Communs.” “A cest Bille les Communs ont assentus.” In a different Hand writing, and apparently written some short Time afterwards, the usual Form of the Royal Assent is added;—“Cui quidem Bille ꝑlecte & ad plenum intellecte ꝑ d̵c̃um Dñum Regem ex assensu & auctoritate ꝑlmenti predicti taliter responsum est; Le Roy le volt.”—Then follows on the Roll. “Memorandum quod nono die Julii, anno regni Regis Henrici octavi vicesimo quinto, Idem Dñs Rex per literas suas patentes sub Magno Sigillo suo sigillat̃, actum predictum ratificavit, et actui illo assensum suum regium dedit, ꝓut per easdem literas patentes cujus tenor sequitur in hec verba, magis aꝑte constat.
The Ratification of the Act restraining the Payment of Annates to the See of Rome.
34.“Rex Ōbꝫ ad quos, &c. Sal̵tem. Inspeximus quendam actum editum in plm̃to nostro inchoato tertio die Novembr̃ anno regni ñri vicesimo primo & abinde ꝑ diversas ꝓrogac͠oes & adhuc continuat̃; cujus quidem actus tenor sequitur in hec verba. Forasmuch [repeating the Act verbatim from Beginning to End] in any Manner wise. Sciatis q̃d nos Deum p͛ oculis habentes, ac commodum ꝓficuum & utilitatem regni ñri & subditoꝝ nr̃oꝝ ꝓut cura regali astringimur intime considerantes, actum predict̃ ac omnia & singula in eodem content̃ et superius specificat̃ ꝓ nobis heredibꝫ & successoribꝫ ñris Ratificavimꝰ acceptavimus approbavimus & confirmavimus, ac per presentes ratificamꝰ acceptamꝰ approbamꝰ et confirmamꝰ, & actui illo regium nr̃m assensum damus: Necnon actum illum ac omnes et singulas clausulas et sentencias in eodem content̃ pro communi utilitate et proficuum regni nr̃i observari obediri ac in executionem poni & demandari volumus decernimus declaramus et precipimus, ꝑ presentes ratum & gratum h̴entes et h̴itur̃ totum & quicquid in eodem actu continetur. In cujus rei, &c. T. R. apud Westm̄ nono die Julii anno regni nr̃i vicesimo quinto.”
As before observed, neither the original Act nor the Ratification appear in the Parliament Office.
In the 25th Year of Hen. VIII. the Act printed in all Editions as Cap. 21. of that Year, intituled in the modern Editions, “The Act concerning Peter Pence and Dispensations” contains a Power to the King to declare the Time when the Act shall commence, “by Letters to be enrolled in the Parliament Roll,” and also, a Power to annul the Act by like Letters Patents. In the original at the Parliament Office, these Provisions are contained in a Schedule annexed to the Act; they are not printed in any Edition of the Statutes previous to Cay’s, in which and subsequent Editions they are numbered as Sections 28, and 29 at the Conclusion of the Act. The Words “Soit fait come il est desire͏́” are written at the Top of the Act; but in the Roll in Chancery, No. 27, the Act is introduced and concluded by the usual Forms of a Publick Act, and the Answer is Le Roy le veult; after which is entered a Memorandum similar to that annexed to 23 Hen. VIII. No. 33. except the Date of the Letters Patent, which is “7 April, 25 Hen. VIII.” a few Days after the rising of the Parliament; and then, “Rex Ōibꝫ, &c. Inspeximus, &c. [Reciting the Act verbatim] Sciatis quod nos Statutum predictum pro communi utilitate regni nr̃i & subditoꝝ ñroꝝ fore considerantes, ac ad humilem peticionem tocius communitatis dicti ñri plm̃ti processur̃, ad quem subditoꝝ ñroꝝ petic͠oem graciose moti & inclinati sumus, Statutum predictum & omnia & singula in eodem content̃, excepta illa clausula quod statutum illud non incipiet caꝑe effectum ante festum nativitatis Sc̃i Joh̴is Bap̃te ꝓx futur̃, ratificavimus acceptavimus approbavimus et confirmavimus, ac ꝑ presentes literas ñras patentes ratificamus acceptamus approbamus & confirmamus: Ac statutum illud & omnia & singula in eodem specificat̃, except̃ p͛except̃, juxta auctoritatem nobis in quadam provisione eidem Statuto annex̃ concessam, volumus declaramus & firmiter injungendo mandamus in executionem poni & demandari immediate post diem dat̃ present̃: Ita quod, immediate post diem dat̃ presenciū, Statutum illud incipiet capere effectum et in õibꝫ reputabitur in effectu; et qd̵ debite utetur obedietur et observabitur juxta tenorem ejusdem; aliqua clausula ꝓvisionis in eodem Statuto content̃ sive eidem annex̃ in contrarium, in aliquo non obstante. In cujus Rei Testimonium has literas ñras fieri fecimus patentes in rotulo dc̃i ꝑl̵m̄ti nr̃i juxta tenorem & provisionem statuti predicti irrotuland̵. Teste me ip̃o apud Westm̄ septimo die Aprilis anno regni ñri vicesimo quinto.” 26 H. VIII. Journal wanting.The Instrument of Ratification does not appear at the Parliament Office.
Many Instances occur, in the Acts 26 Hen. VIII., where no Form whatever of Royal Assent appears on the Instruments at the Parliament Office, but the regular Forms appear on the Roll in Chancery. Several Instances also occur where the Form of the Royal Assent is different on the Roll to that which appears at the Parliament Office.
In anno 33 Hen. VIII, occurs what is believed to be the First Instance of the Royal Assent being given by Commission: unless the Proceedings in An. 23 and 25, already stated, may be considered in that Light. It appears by the Journals of the House of Lords[3], that the Chancellor produced two Acts agreed to by the Lords and Commons, one for the Attainder of the Queen and her Accomplices, and the other for proceeding against Lunaticks in Cases of Treason; each Act being signed by the King, and the Royal Assent being signified by a Commission under the Great Seal signed by the King, and annexed to both the Acts. And thereupon the Lords agreed to call for the Commons, that in the Presence of both Houses the Authority of Law may be given to both the Acts, which was done; “quod et factum est.” Meanwhile the Commons arrived; and the Duke of Suffolk made a Report from the Committee ordered to attend the Queen, that she acknowledged her Crime, and prayed Indulgence. This is all that appears on the Journal respecting these two Acts. The Commission is not, as in subsequent Cases, given at Length in the Journal, but the original Instrument is preserved at the Parliament Office, to which both the Acts are attached, and the Whole is joined together by the Label which holds the Great Seal. These are preserved in the Bundle, and entered in the Calendar of the 37th Year, at the Parliament Office, instead of the 33d. The following is a Copy of this Commission:
“HENRY ℞
Henry the Eight, by the Grace of God King of Englonde, France, and Ireland, Defender of the Faithe and of the Church of Englonde, and also of Ireland, in Erthe the Supreme Head. To our right trusty and right well beloved the Lords Spũall and Temporall, and to our trusty and right well beloved the Knights, Citizens, and Burgesses, the Commons in this present Parliament assembled, Greeting: We have seen and ꝑfightlie understood two Acts and Ordinances annexed and affyled to these Presents, agreed and accorded by you our loving Subjects the said Lords Spũall and Temporall and the said Commons in this our present Parliament assembled, and severally endocyde by you as hath been accustomed; The one of the said Acts concerning the Attainder of the Queene and other her Complices, and the other concerning a Law and Ordinance divysed for suche Persons which after their Confessions or Conviccions of Treason shall happen to fall mad or lunatick, with diverse Clauses, Articles, and Provisions conteyned in either of the said Acts: And forasmuch as ye our said Subjects the said Lords and Commons have most humblie desired us, amongst other Things, by the Contents of one of the said Acts concerning the Attainder of the Quene and other her Complices for diuers Respects and Considerations therein expressed, and for the speedy Execution thereof, to put thereunto our Royal Assent by our Letters Patent to be assigned with oure Hande and sealed with our Great Seale, We have therefore at your humble Contemplacion and Desire, caused these our Letters Patent to be made, and have signed and caused the same to be sealed accordingly, and by the same declare and notify, as well to you the said Lords Spũal̴l̴ and Temporall and Commons aforesaid, as to all and singular other our loving Subjects, that We, in Accomplishment of your humble Desyres, by these presents do putt our Royal Assent to the said Acte and Ordinaunce concerning the Attainder of the Quene and other her Complices therein named, and to all Articles, Clauses, and Provisions therein contained; and also for divers Considerations us moving, do put our Royal Assent to the other said Act dyvised for such Persons as after their Confessions or Conviccions of Treason happen to fall madd or lunatick, and to all Clauses, Articles, and Provisions therein conteyned; and be fully agreed and assented to both the said Acts: Willing that the said Acts, and every Article, Clause, Sentence, and Provision therein conteyned from henceforth shall be of the same Strength, Force, and Effect, as if We had been personally present in the higher House, and had openly and publickly in the Presence of you all assented to the same; Commanding also by these Presents as well our Chancellor of England to seal these our Letters Patent with our Great Seal, and to declare and notify this our Royal Assent, in our Absence in the higher House, in the Presence of you the said Lords Spũall and Temporall and Commons of our Parliament, there to be assembled for that Purpose, as the Clerk of our Parliament to endoce the said Acts with such Terms and Words in our Name as is requisite and hath been accustomed for the same, and also to enroll these our Letters Patent in the Parliament Roll; and these our Letters Patent shall be to every of them sufficient Warrant in that Behalf; and for more surety hereof we have assigned the said Acts with our Hand; and finally declare and will, that after this our Royal Assent passed by these Presents, and declared and notified as is aforesaid, that then immediately the said Acts and every of them shall be taken, accepted, and admitted good, sufficient, and ꝑfight, to all Entents, Constructions, and Purposes, and to be put in due Execution accordingly; the Continuance of our Parliament, or any other Use, Custom, Thing or Things, to the contrary thereof notwithstanding.” [No Date or Teste.]
These Acts have been printed as Chapters 20 and 21 of 33 Hen. VIII. in all Editions: But the Titles of them do not appear in the Index Statutorum at the End of the Journal of this 33d Year[4], in which Forty-four Acts are specified. The Act respecting Lunaticks having committed Treason [chapter 20.] is on the Roll in Chancery, [nu. 15.] but the Act for the Attainder of the Queen [chapter 21.] is not found entered on that Roll; nor is the Commission for giving the Royal Assent, though required in the Commission to be entered thereon.[5] There are Two Rolls in Chancery of this 33d Year, Duplicates, each containing only the same Twenty-two “Public Acts” of that Year, and no List of the Private Acts: The Printed Statutes contain Thirty-nine Chapters as Public Acts; but several of them relative to matters merely local or personal; and Ten Private Acts, Three of which are not specified in the Index Statutorum of this Year above mentioned.
The Index Statutorum of several Sessions in this Reign, does not agree accurately in its Contents, nor in its Arrangement, nor in the Titles of the Acts, either with the Roll in Chancery, or with the Calendar at the Parliament Office. 34 & 35 Hen. VIII.The Index which is at the End of An. 34 & 35 Hen. VIII.[6], is distinguished particularly by having, opposite to several of the Articles, Numbers, not in a regular Series, but which tally exactly with the Acts as numbered on the Roll in Chancery. The whole Number of Acts in this Index is Forty-eight; of which Thirty-six only are on the Roll in Chancery, and distinguished in this Index Statutorum by Numbers accordingly; the Titles very nearly, but not exactly agreeing. The Calendar of the Acts, and the corresponding Bundle in the Parliament Office for this Year also enumerate and contain Forty-eight Acts; but of these there are Two Numbers 37 and 47 in the Calendar, concerning some Estates of the Countess of Devon and Earl of Hertford, which do not appear either in the Roll in Chancery or in the Index Statutorum in the Journal; while Two which are contained as well on the Roll, No. 3, 4, as in the said Index, No. 12, 13, are omitted in the Calendar and Bundle at the Parliament Office: These are the Acts for the Subsidy of the Temporalty and of the Clergy. A further Instance of Inaccuracy is, that this Bundle does actually contain a Subsidy Act of some preceding Year, but which is not noticed in the Calendar.
In Anno 35 Hen. VIII. all the Acts appear to have been passed by Commission. The Commission, and also the Acts which received the Royal Assent thereby, were required to be enrolled in the Parliament Roll[7]. But this Commission does not appear on the Roll in Chancery, nor is the Original to be found in the Bundle of that Year at the Parliament Office. The Royal Assent appears at the Top of the Front of the Acts, some of which have also the Royal Sign Manual at the Top, but some of them are without it; though the Omission of that Sanction appears unusual before this Time. The Acts are all separate, and no Intimation appears upon any of them of their having received the Royal Assent by Commission.
In the Journal of the Thirty-eighth Year, the last of King Henry the Eighth’s Reign, there appears a Commission[8] to give the Royal Assent to the Attainder of the Duke of Norfolk and the Earl of Surrey; as also an Entry of the Assent being given by the Commissioners, in the Presence of the Lords and Commons accordingly. There is no Roll in Chancery of the Parliament of this Year; and this appears to have been the only Act passed in that Session, as the King died next day, and the Parliament was dissolved. The Commission, and the Act for the Attainder annexed, are preserved in the Parliament Office, in the Bundle, and entered in the Calendar, of the Thirty-seventh Year. At the Bottom of the Commission, on the Left Hand, appears the King’s Sign Manual, remarkably fair. At the Top of the Act are written the Words of Royal Assent “Soit fait” &c. But the Sign Manual is not upon the Act.
MARY.
In the First Year of Queen Mary, Sess. 2. the Duke of Norfolk applied to make void the Act of Attainder passed, as above mentioned, in 38 Hen. VIII., and an Act was passed for that Purpose. See No. 34. on the Roll, 1 Mary, in Chancery; and No. 27. of the Acts of that Year, in the Parliament Office; the latter is thus endorsed: “Certificat̃ in Cancellar̃ Dñe nr̃e regine xij° die Decembr̃ Ao regni Regine Marie primo.” The Session ended on December 6. The Act was not specially certified by itself into Chancery, nor otherwise than in the Parliament Roll of that Year, which is signed “Examinat̃ et Certificat̃ ꝑ me Franciscum Spelman Cler̃ Parliamentoꝝ.” Several other original Acts of this Year are indorsed with the Word “Certificat̃,” only. There is no Journal of this Session. The Contents of this Act are important, in a general view, with relation to the Ratification and Evidence of an Act of Parliament. It is classed in the later printed Editions as Cap. 13. of the List of Private Acts of 1 Mary, Sess. 2: but has never been printed at length in any Edition of the Statutes. The following is copied and abridged from the Roll in Chancery, which has been compared, and found to agree with the Original in the Parliament Office.
34.
[Proviso, that this Act shall not affect any Grants made of the said Duke’s Lands by K. Edward VI.]
And be it further enacted, that all and singular Exemplifications heretofore had, made, obtained, or exemplified, at the Suit, Request, or Petition of any Person or Persons, or hereafter to be made, had, or exemplified, under the Great Seal of England, of the Tenor of the said pretended Act, and wherein no Mention is or shall be contained or made of the Tenor of the said Commission and of the Entry of the Words of the Royal Assent entered by Authority of the said Commission, shall be utterlie void and of none Effect, and shall not be pleadable or answerable in any Court or Courts of Your Highness, Your Heirs or Successors, or elsewhere.
[The Duke of Norfolk may enter into Lands accordingly;—Saving of Rents, Customs, and Services.]
[Proviso, That the Duke should not have the mean Profits.]
CHARLES, I.
Anno 1 Car. I. – In the Parliament Office all the Acts of this Session, nine in Number, are fastened together by means of a Label passed through the Bottom of all the several Rolls and Sheets of Parchment on which the Acts are respectively written, and also through the Bottom of the Commission for giving the Royal Assent. Attached to this Label is the Great Seal; and the Grant of the Subsidy by the Clergy in Convocation is also authenticated by the Seal of the Archbishop of Canterbury, and the Attestation of a Notary Public. The Acts are in separate Rolls or Sheets of Parchment, but are united by Means of the Commission and the Label thereto. They are written very badly, except that for the Subsidy of the Clergy, and have many Erasures, Interlineations, and Riders. On the Roll of this Session in Chancery, which appears to have been made up with great Care and Accuracy, the Commission is entered at length, and the Acts are very fairly engrossed. The Roll is signed H. Elsynge; but without any Words or Form of Certificate.
Anno 3 Car. I.—In the Parliament Office are preserved 27 separate Acts of this Session, the Titles of which are entered in the Calendar of that Year: Of the Roll of this Session in Chancery a Minute Description is here given; this being the latest Instance in which the ancient Form of the Parliament Roll has been preserved.
The Roll is thus indorsed:
Rotulus Parliamenti de Anno Tercio Caroli Regis.
The following is an Abstract of the Contents of the Roll.
“Rotulus Parliamenti tent̃ apud Westm̄ die Lune decimo septimo die Marcii Anno regni serenissimi Dñi nr̃i Caroli Dei gr̃a Anglie Scotie Francie & Hib̴n̄ Regis fidei defensoris &c. t͛cio.
“Die Lune decimo septimo die Marcii Dñs nr̃ Rex & Dñi Spũales & temporales, robis suis Parliamentaribꝫ induti in Cam͛a Parliamentari se congregaverunt, et Militibꝫ Civibꝫ & Burgensibꝫ de Domo Cõi ibidem assemblat̃, ip̃e Dñs nr̃ Rex Solio suo regali sedens, causas Sūmonic͠ois hujus Parliamenti narrare incepit v͛bis sequentibꝫ. videl̵t.
“Quibus dc̃is Thomas Coventry Miles Dñs Custos magni Sigil̴l̴ Angl̵ ex mandato dc̃i dñi nr̃i Regis causas Sūmonic͠ois p͛dc̃e ꝓlixiore oracione dilatavit, sub forma sequen̄; videl̵t.
“My Lordꝭ and you the Knightꝭ, &c.
“Oracione dc̃a finita Dñs nr̃ Rex ut om̄ibꝫ se conqueri volentibꝫ justicia posset celerius adhiberi nōīa Receptoꝝ & Triatoꝝ petic͠onū in Parliamento p͛dc̃o exhibendaꝝ legi p͛cepit; videl̵t.”
“Et postea die Mercurii decimo nono die Marcii p͛dict̃, ip̃i de Domo Cõi coram dño nr̃o Rege in p͛sencia Dñoꝝ sp̃ualiū & temporaliū assemblat̃ Joh̴em Finche Militem Prolocutorem suū el̵cm p͛sentaverunt.
“Qui quidem Joh̴es humilit͛ a dño Rege se excusari petiit.
“Dñs vero Custos magni Sigilli Angl̵ ex parte Dñi nr̃i Regis elecc͠oem Cōmuniū & cōmendavit & approbavit; ideoqꝫ ip̃m Joh̴em inde excusari noluit. Quamobrem Prolocutor p͛dc̃us Oracione eleganti p͛habita in conclusione ejusdem a dño nr̃o Rege petiit Qd̵ Dũs Cōmuniū antiquis suis privilegiis gaudeant, ut ip̃i & famuli sui tempore Parliamenti im̄unes sint et in ꝑsonis et in bonis & catallis suis ab om̄i molestac͠oe arrestaꝝ, ut oracionis lib̴tate suaꝝ tempore consultac͠onū fruantr utqꝫ lib̴tatem h̴eant ad majestatem suam accedendi quavis urgente necessitate. Deniqꝫ ut benigno sensu om̄es acc͠oes oracionesqꝫ sue a Regia sua Majestate accipientr. Ac ꝓ gen͛ali & lib̴a pardonac͠oe ꝓ seip̃o.
“Finita Prolocutoris Oracione p͛dc̃a ad singulas partes illius Oracionis, ex mandato Regis, singularit͛ respondebat Dñs magni Sigilli Angl̵ Custos Om̄esqꝫ suas Petic͠oes a dño nr̃o Rege concessas fore juxta antiquos usus eoꝝdem privilegioꝝ significabat.”
“Memorandum qd̵ Dñi Sp̃uales & temporales, et ipsi de Domo cõi in hoc p͛senti Parliamento congregati sepius int͛ se consuluerunt de quadam Petic͠oe de Rc̃o Dño Regi exhibenda. Que quidem Peticio die Mercurii vicesimo octavo die Maii, ꝑ ip̃os Dños & Cōmunes dc̃o Dño Regi exhibita fuit: Eedemqꝫ Petic͠oi Dñs nr̃ Rex regale suū responsum in pleno Parliamento dedit die Sab̴b̴i, septimo die Junii ꝓx sequeñ. Cujus quidem Petic͠ois & respons̃ tenor sequitr in hec v͛ba; videl̵t:
“The Peticion exhibited to his Majestie by the Lordꝭ Spirituall and Temporall and Com̄ons in this p͛sent Parliament assembled conc͛ning divers Rightꝭ and Liberties of the Subject: [With the Kingꝭ Majesties Royall Aunswere thereunto in full Parliament.]
To the Kingꝭ most Excellent Majestie.
“Humbly, &c. [The Petition of Right is set forth verbatim as it appears in the Original Petition preserved at the Parliament Office No. 2. in the Bundle of this Year; with the above Title indorsed thereon; the Words in Brackets being there written in a different Ink and Hand-writing from the former Part of the Title. In all printed Editions this is placed as the first Act or Chapter of the Year, though the next Chapter is numbered Chapter I. in the earliest Editions; and in the modern Editions—I. (II.)]
“Qua quidem Petic͠oe lc̃a & plenius intellc̃a ꝑ dc̃m Dñm Regem talit͛ est responsum in pleno Parliamento videl̵t.
“Soit droit fait come est desire.”
“Die Jovis vicesimo sexto die Junii Dño nr̃o Rege Solio suo regali sedente, & Dñis sp̃ualibꝫ & temporalibꝫ p͛sentibꝫ ip̃i Cōmunes in Cam͛a Parliamentar̃ admissi erant, ubi Prolocutor p͛dc̃us (orac͠oe p͛posita) billam quinqꝫ integroꝝ subsidioꝝ ꝑ temporalitat̃ concess̃ in se formam Actus contineñ dc̃o dño Regi p͛sentavit: Que sequitr in hec verba:
“An Acte for the graunt of five entire Subsidies graunted by the Temporaltie.”
“Most Gracious Sovereigne, &c.
Chapter VII. (VIII.) of the Public Acts in the Printed Statutes.]
“Qua quidem billa lc̃a & plenius intellc̃a ꝑ dc̃m Dñm Regem de avisamento & assensu Dñoꝝ sp̃ualiū & temporaliū ac Coĩtatis in dc̃o Parliamento assemblat̃, ac authoritate ejusdem talit͛ est responsum videl̵t: Le Roy remerciaunt toutes ses bones Subiectꝭ, accepte leur benevolence, et ainsi le veult.
“Item quedam alia billa de confirmac͠oe Subsidioꝝ concess̃ ꝑ Clerum exhibita fuit Dño Regi, cujus tenor sequitr in hec v͛ba, videl̵t:
3.
“Where the Prelates,” &c.
Chapter VI. (VII.) of the Public Acts printed.
“Qua quidem billa lc̃a & plenius intellc̃a ꝑ dc̃m Dñm Regem talit͛ est responsum, videlt: Le Roy remerciant ses Prelatꝭ accepte leur benevolence et ainsi le veult.”
“Item quedam alia billa in se formam Actus continens, dc̃o dño Regi exhibita fuit, que sequitr in hec v͛ba, videl̵t:
4.
“Forasmuch,” &c.
Chapter I. (II.) of the Public Acts printed.]
“Qua quidem billa lc̃a & plenius intellc̃a ꝑ Dñm nr̃m Regem, de avisamento & assensu Dñoꝝ sp̃ualiū & temporaliū, ac Cōmuniū, in dc̃o Parliamento assemblat̃, ac authoritate ejusdem talit͛ est responsum, videl̵t:
“Le Roy le veult.”
5.
“Forasmuch,” &c.
6.
“Whereas,” &c.
7.
“Be it enacted,” &c.
“Item quedam peticio in se formam Actus continens Dño nr̃o Regi exhibita fuit, cujus tenor sequitr in hec v͛ba videl̵t:
“In most humble manner doe beseech,” &c.
8.
“Qua quidem Petic͠oe lc̃a & plenius intellc̃a ꝑ dc̃m Dñm Regem de avisamento & assensu Dn̄oꝝ sp̃ualiū & temporaliū ac Cõitatis in dc̃o Parliamento assemblat̃ ac authoritate ejusdem talit͛ est responsum videl̵t. Soit fait come il est desire.”
“Item quedam Petic͠oes privatas personas conc͛nentes in se formas Actus contineñ exhibite fuerunt p͛dc̃o Dño Regi in Parliamento p͛dc̃o. Quaꝝ tituli subscribuntr videl̵t:
“Quibus lc̃is & plenius intellc̃is ꝑ Dñm Regem de avisamento & assensu Dñoꝝ sp̃ualiū & temporaliū ac Cõitatis in dc̃o Parliamento existeñ, ac authoritate ejusdem, talit͛ ut sequitr eisdem singillatim est responsum videl̵t:
“Soit fait come il est desire.”
“Et postea p͛dc̃o vicesimo sexto die Junii dc̃us Dñs Custos magni sigilli ex mandato Dñi Regis Parliamentum p͛dc̃m usqꝫ in vicesimū diem Octobr̃ ꝓx̃ futur̃ ꝓrogavit.
“Continet membrana 34.
H. Elsynge.”
- ↑ This Memorandum is copied in the Edition by Cay; and all subsequent Editions.
- ↑ See Lords’ Journals, vol. i. p. 48. “Mem. qd̴ hodie ex mandato d̵ni Cardinalis & alioꝝ Dñoꝝ mandat̃ erat Cl̵ico Plm̃ti qd̴ annecteret actui resumptionis quandam provisionem regia manu signatum pro Georgio Comiti Salop: et qd̵ eandem provisionem faceret irrotulari in Rotulo Pl̵m̃ti.”
- ↑ Vol. I. pa. 176.
- ↑ Journal, vol. I. pa. 198.
- ↑ This Act contains the following Clauses: “Be it declared by Authority of this present Parliament, That the King’s Royal Assent by his Letters Patent under his Great Seal, and assigned with his hand, and declared and notified in his Absence to the Lords Spiritual and Temporal, and to the Commons, assembled together in the High House, is and ever was of as good strength and force as though the King’s Person had been there personally present, and had assented openly and publickly to the same. —And Be it also enacted, That this Royal Assent, and all other Royal Assents hereafter to be so given by the Kings of this Realm, and notified as is aforesaid, shall be taken and reputed good and effectual to all Intents and Purposes, without Doubt or Ambiguity; any Custom or Use to the contrary notwithstanding.”
- ↑ Journal, vol. I. pa. 235.
- ↑ Journal, vol. I. pa. 264.
- ↑ Journal, vol. I pa. 289.
- ↑ Stat. 33 Hen. VIII. c. 21. See ante, pa. lxxiv, note 3.
- ↑ For the Proceedings in Parliament respecting the obtaining of this Answer, the settling of the Title of the Petition, the inrolling of the Petition and Answer on the Roll of Parliament, &c. and the printing the same among the Statutes, See Lords’ Journals, vol. iii. pages 835, 843, 850, 862, 863, 867, 868, 879; June 2, 7, 12, 18, 19, & 20: A. D. 1627 Commons’ Journals, vol. i. pa. 908, 910, 911, 915, 916, 919; June 2, 3, 6, 7, 10, 12, 18, 20 & 26. See also, ante Appendix B. pa. lvij, and the Note there.