The Journals of Parliaments
The source for this document is https://quod.lib.umich.edu/e/eebo/A35827.0001.001
Project Note
This is licensed under Creative Commons CC BY-NC-ND. This license allows reusers to copy and distribute the material in any medium or format in unadapted form only, for noncommercial purposes only, and only so long as attribution is given to the creator.
The source of this document is the Early English Books Online (EEBO-TCP) website. Those books were transcribed in a character for character manner and can be very cumbersome to read since there was no standard spelling during that time. Many spelling variations such as "unlesse", "vnlesse", and "vnles" regularly appear.
This project was conceived to clean up those books as much as possible and make them more accessible to the interested reader, leading to the creation of a massive list of variant spellings and their corrections. This was used to clean up the text, but is of course only as complete as the list itself. Because of the nature of the original transcription, some words have missing characters or places where the original language (e.g., Greek) was not transcribed. This effort does not change that. Be aware that the original transcription can also be faulty and in some cases entire sentences may be missing.
Although this is no substitute for a properly compared, proofed, and scholarly edition, I believe that the result is a document which is far more accessible, particularly for searching for terms using standard spelling. The document has been cleaned and presented in what I hope is a pleasing and useful format for the vast majority of Christian brothers and sisters who just want access to read these spiritually nourishing works.
However, a word of warning: The Puritans were a very diverse group of people and their age was characterized with godliness, but also much upheaval, disputation and strife. They disagreed on many doctrines and some of these works contain less orthodox or Scriptural views than others. The reader is strongly advised to read with discernment, particularly if it is unknown whether author is trustworthy.
This project took a huge amount of time and skill to bring to fruition. I would particularly like to thank David Jonescue for the initial list of Puritans he found on EEBO and the concept behind this project as well as the continuous, unceasing efforts toward seeing this complete. Without his labor, this would not be available. Alex Sarrouf was invaluable in providing the initial list of over 7,000 spelling variations he had identified and corrected, as well as continuing to review more than 16,000 additions to that list for any typos.
Logan West
(with David Jonescue and Alex Sarrouf)
www.puritansearch.org
A. L. Chancellor. B. Marquises. Earls & C. Barons. D. Bishops. E. Judges. F. Masters of Chancery. G. Clerks. H. Speaker of y e comēons I. Black Rod. K. Sergeant at Arms. L. Members of the Commons house: M. S r . Francis Walsingham Secretary of State.
THE JOURNALS OF ALL THE PARLIAMENTS During the REIGN of Queen ELIZABETH, BOTH OF THE HOUSE of LORD'S AND HOUSE of COMMONS.
Collected By Sir SIMONDS D'EWES of Stow-Hall in the County of SUFFOLK, Knight and Baronet.
Revised and Published By PAUL BOWES, of the MIDDLE-TEMPLE LONDON, Esq
LONDON, Printed for John Starkey at the Mitre in Fleetstreet near Temple-Bar. 1682.
TO Sir Willoughby D'Ewes, Baronet.
SIR,
ALthough none can have so good Title to your Father's Labors as your Self, and the improvement of his Posterity by them was his great desire; yet he did not intend to confine them to his own Family, but his Study tended to the public good. Amongst those very many and large Volumes Written by his own hand, and his Servants, I made choice thoroughly to revise these Journals, in the Collecting of which, the most indesatigably Industrious Author employed much Time, Labor and Cost, constantly endeavoring to find out the Truth, and faithfully and impartially relating the same. In his own Preface (to which there needs no other to be added) he doth declare his Credentials and Vouchers̄, and also the Usefulness of the Work. But there are several other good purposes, to which these Journals are very conducible, not particularly mentioned in his Preface: Yet I shall name but two, The one to be a discovery of the true intent and meaning of some Acts of Parliament of those times which are now controverted; The other to be a just representation of that Sincerity, Perspicuity and Unreseruedness with which the Members of Parliament then expressed their Minds and gave their Advice, that there was no difficulty to understand them. The Authority and substantial Excellency of these Collections (especially since the Original Journal Books are not now extant) and their rarity do sufficiently recommend them to all Judicious Persons, and did abundantly convince me, that I could do no better service to my Country, nor greater Justice to the Memory of my Worthy Uncle, than to publish this Monument of his Fame; Nor do I know how duly to express my thankfulness to you otherwise than by this public acknowledgement; as of your many other Favors, so in particular for my free access unto, and use of your well stored Library, which hath furnished me with this opportunity to subscribe myself
Your most Obliged Humble Servant, PAUL BOWES.
THE PREFACE OF Sir Simonds D'Ewes BEFORE THE ENSUING JOURNALS OF ALL THE Parliaments and Sessions of Parliament during the Reign of Queen ELIZABETH: Wherein are expressed the several Materials and Authorities out of which the said Journals were extracted and drawn; As also what Method and Form hath been observed in the transcribing of them, together with the excellency and use of them.
IN respect that these ensuing Journals both of the Upper House and House of Commons, during the Reign of that Incomparable Princess, and Virgin Queen, Queen Elizabeth, whose memory will ever remain dear and precious to the Church of God, are Collected and Framed up by my exceeding great pains and diligence out of several Materials, and do contain in them Incomparable Historical matters both touching the Church and State, as well as matters of rarity and Precedent incident to the Orders, Privileges, or Usages of either House; It shall not be amis shortly to touch those Heads, that so they may serve as a Key for the better Direction and Guidance in the use of the Journals themselves. First therefore I will set down briefly all those Materials out of which I have Collected these ensuing Journals. Secondly, the Method I have constantly observed in the causing them to be Penned or Transcribed. And thirdly, the rich Treasures of rarity and knowledge contained in them.
First, for the Materials out of which I drew these ensuing Journals of either House, they were for the most part rare and invulgar, viz.
1. The Original Manuscript or Journal-Books of the Upper House of every Parliament and Session of Parliament of the Queens Reign, remaining in the Office of the Clerk of the same House; and these are absolute and undeniable Records, and therefore could not be removed out of the said Office, but I was enforced as often as I had occasion to use them, to repair unto the same, to which I had most free and respectful access always offered me (as also to the Bundles of Original Acts and Petitions reserved there.)
2. A large Manuscript Abridgment in Folio of all the said Original Journal Books of the Upper House during her Majesty's Reign, very faithfully for the most part collected and transcribed with his own hands by Robert Bowyer Esquire, who continued Clerk of the said House ab an. 6 Jacobi Regis until the eighteenth year of the same King.
3. The Original Journal-Book Manuscripts of the House of Commons of every Parliament and Session of Parliament during her Majesty's Raign.
4. Another help which I had for the perfecting of these Journals were the two Manuscript Volumes of Fragmentary and Imperfect Journals, or rather Collections of the Parliaments and Sessions of Parliament of Queen Elizabeth's Reign, which remained in Sir Robert Cottons well known and much famoused Library, in the said Years 1629, and 1630. out of which I had most of the Speeches of Sir Nicholas Bacon Knight, Lord Keeper of the Great Seal of England. Out of these also I had passages which did excellently serve to enlarge and beautify some of the Journals of the House of Commons, as is fully mentioned in their proper places. In which two Volumes of Parliamentary Collections which then remained in Sir Robert Cottons Library as asoresaid (who since Deceased on Friday the 6. day of May, Anno Domini 1631.) many things being either ignorantly or negligently referred to other times than in truth they belonged unto, are here rectified and enlarged according as the occasion itself required.
5. And another means to enlarge these Ensuing Volumes were Manuscripts or written Fragments I had by me of Parliamentary Speeches, Petitions and such like Passages, especially touching the House of Commons, all which served most fitly in their due places to supply those things and matters in which the Original Journal-Books themselves were defective.
6. A further material for the furtherance of this present work was a Manuscript Treatise which I had by me Intituled Modus tenendi Parliamentum apud Anglos, Compiled especially as I conceive by Robert Bowyer Esquire, and afterwards enlarged by Henry Elsing Esquire, at this present Clerk of the Upper House of Parliament, in which were many good Collections touching Proxies, Summons, Receivers and Tryors of Petitions, the Commons Prolocutor, and other matters incident to the Passages of the Journals of either House, and those especially gathered out of Records; of which Treatise there is very much use chiefly made in the two Journals of the Upper House and House of Commons in the Parliament held in An. 1 Regin. Eliz.
7. And lastly one other unusual or invulgar help for the raising up of this ensuing Structure was a Manuscript Diary I had in my Custody of the greatest part of Queen Elizabeth's Reign penned by the Lord Burleigh first Principal Secretary and afterwards Lord Treasurer; which said Diary did serve very well to the clearing of some things needful to the perfecting of these ensuing Journals.
And for Printed helps I made especially use of William Camdens Annals of Queen Elizabeth's Reign, penned by him in a fluent and good Latin Style (the errors whereof in these Journals are likewise discovered in their due places) and of the Printed Books of Statutes as often as occasion requireth, in which also some errors and mistakings which escaped in them are fully and plainly convicted and rectified.
These foregoing materials both in Manuscripts and Print I made use of in a general nature for all these ensuing Journals more or less. Now there were also many particular helps I used for several occasions.
And first for the Journals of either House in An. 1 Regin. Eliz. they are all Illustrated with so many quotations of all manner of Records, that it would be too tedious to discuss or treat of them at large; only it shall here suffice to have given this touch upon it, that such as are most frequently vouched are Parliament Rolls, Patent Rolls and Foreign Rolls kept within the Tower of London, all which will best appear in the perusal of them. Where also I had some help out of two Transcripts, the one in Latin, the other in French, of an old Treatise Intituled De modo tenendi Parliamentum in Anglia tempore Regis Edwardi filii Etheldredi.
For sundry Parliaments also I had several private Journals of the House of Commons, in An. 13 Regin. Eliz. very imperfect, and another in An. 35 Regin. ejusdem moderately exact, each of them taken by some Member of the House. Two other I had, the first a Journal of the Passages of the same House in An. 39, & 40 Reg. Eliz. exceedingly defective, and the last de an. 43, & 44. of the same Queen stored with excellent matters. Out of all which, not only the Journals of the said House of Commons, but even of the Upper House also of those Parliaments, are much augmented. And for the Lord De la Wares Petitions inserted verbatim in the Journal of the Upper House, de an. 39, & 40 Regin. Eliz. I caused it to be transcribed out of the Bundle of Acts of that Parliament remaining in the Office aforesaid of the Clerk of the Upper House, and carefully examined it thereby.
And thus much shall serve for the materials out of which these ensuing Volumes were collected and transcribed, which are all of them for the most part so authentic, but especially the Original Journal-Books of either House, as there can be no Exception against anything that doth follow out of them.
For the second thing, touching the Method I have constantly used, it hath been thus. First before every Journal I have prefixed the just days or times of the Beginning, Proroguing, Dissolving or Adjourning the Parliament or Session of Parliament; and next under it a Summary draught of the chief scope or Argument thereof, or at least of some special matter that concerned it. I have in like manner placed all actions of the first day of the Parliament, as Commissions of Prorogation or Adjournment, or the solemn passing of her Majesty to the Upper House, in the Journal of the same, as most properly belonging unto it; as likewise all Speeches of that day which passed in the said House, on that day on which the Speaker was presented. And I have in the third place constantly inserted into the Journals of the said Upper House also all Commissions of note at large, all Proxies that were more rare, the presence of the Lord's on some special days, and the names of the Receivers and Tryors of Petitions; and there is no one day on which the House sat and did anything, but some Passages thereof are mentioned.
In the Journals of the House of Commons also are all things inserted and referred unto their due days, and I know not anything that is doubly set down in the two Journals of both the Houses in the same Parliament, or Session of Parliament, but only the Titles sometimes of such Bills as were sent up from one House to another; and that constantly the manner of the beginning and ending of the Parliament, and of the Presentment of the Speaker, which is largely set down in the Journal of the Upper House, is shortly touched in the House of Commons.
And because I know the Original Journal-Book of either House to be more judiciously observed, and more to be esteemed than the Collections of any private men, therefore I have distinguished by some Annotation or Animadversion what is taken out of them, or what out of any other material whatsoever. Nor are those Animadversions of mine own at any time added without some necessary motive, or upon some good ground. Very Copious indeed they are in the two first Journals of the Upper House and House of Commons in An. 1 Regin. Eliz. because all matters of form were to be once for all discussed: In all the other Journals they are more succinct and infrequent.
I confess it cost me many days besides other expenses to bring these ensuing Volumes to that perfection, in which I now enjoy them. In which besides the abundance of the knowledge in this kind especially gained by it, which Sir Edward Cook Knight a Learned Writer of this Age calls Lex Parliamentaria, I have as I much desired, done some Honor to the Memory of that Glorious Queen England's Royal Elizabeth, in that I have Collected in one body the sum of the agitations of all her Parliaments, or at least so much of them as could possibly be gotten, being a work not only singular in respect that I am the sole enjoyer of it, but also because I rest confident that never any other man attempted it, much less brought it to perfection. Which I the rather believe, because when I was one day discoursing with Sir Robert Cotten the Prime Antiquary of this our Age not long before his Decease, touching the two aforesaid Volumes he had of the Journals of this Queens Reign, that I wondered he would treasure up in his Library such Fragmentary and Imperfect stuff, he made me no other Answer, but that he was compelled to store up them, because he knew not how to come by any better. And certainly if this work which I have now by God's Providence finished, had been performed by any other, it could not have been hid from him who was a very sedulous gatherer, as of other rarities, so especially of Parliamentary Passages for about the space of forty Years before his Death.
Touching the rarities and treasures of knowledge contained in these ensuing Volumes, to omit many things, thus much it shall not be amiss to premise, that there may not only hence be gathered whatsoever almost concerns the Privileges, Customs and Usages of either House, but Historical matter also touching the Church and State; and in the whole frame may be frequently seen the admirable wisdom of her Majesty and this her Great Council in the happy quenching of such emergent differences as arose, and in their timely provision against the ambitious Spaniard, the restless and irreconcilable Enemy of her Majesty's Religion, Person and Realms.
In all Parliaments and Sessions of Parliaments the Journals of the House of Commons do for the most part much excel those of the Upper House in variety and abundance of observable matter, and in their copious and orderly relating each days Passages.
I shall not need further to enlarge myself, but here to shut up this present Discourse, this instant Friday the 3. day of February Anno Domini 1631. That though through God's Providence I have finished these Volumes, which are intended chiefly for my own private use, and my Posterities, yet I have already entered upon other and greater labors, conceiving myself not to be born for myself alone, according to that old saying, Melius mori quàm sibi vivere; Or this ensuing Distich:
But before I speak further of any future works intended, it shall not be amiss to add somewhat touching the true transcription of these ensuing Volumes; for I am not ignorant, that not only the greatest part of our ancient Manuscripts, but all new written materials, for want of able Writers, and especially for lack of comparing the new Copy written, with that out of which it was taken, are exceedingly faulty and defective: and therefore it was my care to examine with my own Eye, the presence of the Lord's, the Returns of the Proxies, the Tryors and Receivers of Petitions, the Commissions and such like entire and most material things.
Neither wanted there just cause of my frequent assistance for the true discovery of the very Hand-writing itself of all the Iournals of the House of Commons during her Majesty's Reign, except of those in the thirteenth, fourteenth, eighteenth and twenty third Years of the same Queen, which four Iournals were very fairly written into one Volume in Folio; but as for the three first Iournals of the same House de An. 1, 5, & 8 dictae Regin. they were written in a hand of that time, and had also many obscure abbreviations in them. And as touching all the other Iournals of the House of Commons, with some part also of the said Iournal of the twenty third Year of her Majesty's Reign, being entered and bound up together in one Volume, they were exceeding difficult to be read, and were certainly the very notes taken and entered into the said Volume by Fulk Onslow Esquire then Clerk of the said House during the Continuance of the Parliament, or Session of Parliament. In all which the said Notes being written in a fast running hand, and in every Page almost much interlined, and sometimes enlarged by several Additions, disposed into such vacant places as the page afforded, often distant each from other, it required and took up much time to discover, and find out not only what was written, but also how each particular was to be disposed into its due place and order. The like difficulty happened in the transcription of some Speeches I had myself by me, being the very Autographs or first Copies penned by such as spake them, as did evidently appear by their many interlinings. But for all other materials out of which these said Iournals or those of the Upper House were Collected, there was no difficulty at all in reading of them, but only what to collect and insert out of each days Passages, and what to omit, as matter not worthy the transcribing.
The chief of the Works before mentioned, and by me intended for the public good, are these ensuing.
A general History of Great Britain from the first Inhabitants to the present Times, to be drawn especially out of Record and other abstruse and exotic Monuments, for the reformation of all the Chronicles or Histories of this kind yet extant, which will require several Volumes.
The Survey of Norfolk, Suffolk, Essex and Cambridgeshire, out of Records or Original Deeds.
The Antiquity of the Municipal or Common Laws of the Realm before the Norman Conquest, out of Record also for the greatest part, or other invulgar materials: To which I have a desire also if my time will suffice for Collection, to add a second part out of the Itinerant and Plea Rolls, chiefly remaining in the Treasury at Westminster.
These I have proposed to myself to labor in, besides divers other smaller works as well Theological as Moral, like him that shoots at the Sun, not in hopes to reach it, but to shoot as high as possibly his strength, art, or skill will permit. So though I know it impossible to finish all these during my short and incertain Life, having already entered into the thirtieth Year of my Age, and having many unavoidable employments and cares of an Estate and Family, yet if I can but finish a little in each kind, it may hereafter stir up some able Judgments to add an end to the whole, in the same way and search I shall have waded in before them. In the mean time I shall always pray as I do sincerely desire, that by all my endeavors God may be glorified, the truth divine or human vindicated, and the public benefited.
Sic mihi contingat vivere, Sicque mori.
SIMONDS D'EWES.
The several Days on which every Parliament or Session of Parliament during the Reign of Queen ELIZABETH began, as also the several Days of the Dissolution and Prorogation of the same.
THE Parliament held in the first year of Queen Elizabeth began on Wednesday the 25 th day of January Anno Domini 1558. and was dissolved on Monday the 8 th day of May Anno Domini 1559.
The Session of Parliament held in the 5 th year of Queen Elizabeth began on Tuesday the 12 th day of January Anno Domini 1562. and was Prorogued on Saturday the 10 th day of April An. Domini 1563.
The Session of Parliament held in the 8 th and 9 th years of Queen Elizabeth began on Monday the 13 th day of September Anno Domini 1566. and was Dissolved on Thursday the 2. day of January An. 9. Regin. ejusdem.
The Parliament held in the 13 th year of Queen Elizabeth began on Wednesday the 2. day of April Anno Domini 1571. and was Dissolved on Tuesday the 29 th day of May ensuing.
The Session of Parliament held in the 14 th year of Queen Elizabeth began on Thursday the 8 th day of May Anno Domini 1572. and was Adjourned on Monday the 13 th day of June ensuing.
The Session of Parliament held in the 18 th year of Queen Elizabeth began on Wednesday the 18 th day of February Anno Domini 1575. and was Prorogued on Thursday the 15 th day of March ensuing.
The Session of Parliament held in the 23. year of Queen Elizabeth began on Monday the 16 th day of January Anno Domini 1580. and was Dissolved on Friday the 19 th day of April Anno Domini 1583.
The Parliament held in the 27 th year of Queen Elizabeth began on Monday the 23. day of November Anno Domini 1584. and was Dissolved on Wednesday the 14 th day of September An. Domini 1586. Anno 28 Regin. ejusdem.
The Parliament held in the 28 th and 29 th years of Queen Elizabeth began on Saturday the 29 th day of October Anno Domini 1586. and was Dissolved on Thursday the 23. of March Anno 29 Regin. ejusdem.
The Parliament held in the 31. year of Queen Elizabeth began on Tuesday the 4 th day of February Anno Domini 1588. and was Dissolved on Saturday the 29 th day of March Anno Domini 1589.
The Parliament held in the 35 th year of Queen Elizabeth began on Monday the 19 th day of November Anno Domini 1592. and was Dissolved on Tuesday the 10 th day of April Anno Domini 1593.
The Parliament held in the 39. and 40. years of Queen Elizabeth began on Monday the 24. day of October Anno Domini 1597. and was Dissolved on Thursday the 9 th day of February An. 40 Regin. ejusdem.
The Parliament held in the 43. and 44 th years of Queen Elizabeth began on Tuesday the 27 th day of October Anno Domini 1601. and was Dissolved on Saturday the 19 th day of December ensuing Anno 44. Regin. ejusdem.
The Names of the Lord Keeper, Lord Chancellor, or others who supplied their places as Speakers of the House of Lord's during all the Reign of Queen ELIZABETH, as also all the Names of all the Clerks of the said House of Parliament, together with the Names of the several Speakers of the House of Commons and Clerks of the same House during all the Parliaments of the said Queens Reign.
| The several Years of her Majesty's Reign in which the said Parliaments or Sessions of Parliament were held. | The Names of the Lord Keeper, Lord Chancellor, &c. and of the Clerks of the House of Lord's. | The Names of the Speakers of the House of Commons, and of the Clerks of the same House. |
| IN the Parliament held in the first Year of Queen Elizabeth | Sir Nicholas Bacon Knight, Lord Keeper of the Great Seal of England, whose place was supplied Mar. 4. by the Marquess of Winchester Lord Treasurer of England. | Sir Thomas Gargrave Knight Speaker. |
| Francis Spilman Esquire Clerk of the Upper House. | ..... Seimour Gent. Clerk of the House of Commons. | |
| In the Session of Parliament held in the fifth Year of Queen Elizabeth | The same Lord Keeper. | Thomas Williams Esq Speaker. |
| The same Clerk. | The same Clerk. | |
| In the Session of Parliament held in the ninth Year of Queen Elizabeth | The same Lord Keeper and his place supplied for divers days during his being sick of the Gout, First by the Marquess of Winchester Lord Treasurer of England, after by Sir Robert Catlin Knight Lord Chief Justice of the Kings Bench. | Richard Onslow Esq the Queens Solicitor. |
| The same Clerk, who either died or surrendered his place before the next Parl. began in An. 13 Reg. Eliz. | The same Clerk. | |
| In the Parliament held in the thirteenth Year of Queen Elizabeth | The same Lord Keeper, and his place supplied for divers days during his sickness by Sir Robert Catlin K t Lord Ch. Justice of the Kings Bench. | Christopher Wray Serjeant at Law Speaker. |
| Anthony Mason aliàs Wilkes succeeded Francis Spilman in the place of the Clerk of the House of Lord's. | Fulk Onslow Gent. Clerk of the House of Commons. | |
| In the Session of Parliament held in the fourteenth Year of Queen Elizabeth | The same Lord Keeper, and his place supplied in his absence for divers days by Sir Robert Catlin K t Lord Chief Justice of the Kings Bench. | Robert Bell Esq Speaker. |
| The same Clerk. | The same Clerk. | |
| In the Session of Parliament held in the eighteenth Year of Queen Elizabeth | The same Lord Keeper, and his place supplied for divers days in his absence by the Lord Burleigh Lord Treasurer of England. | The same Speaker. |
| The same Clerk. | The same Clerk. | |
| In the Session of Parliament held in the twenty third Year of Queen Elizabeth | Sir Thomas Bromley Knight Lord Chancellor. | John Popham Esq the Queens Solicitor Speaker. |
| The same Clerk. | The same Clerk. | |
| In the Parliament held in the twenty seventh Year of Qucen Elizabeth | The same Lord Chancellor. | John Puckering Serjeant at Law Speaker. |
| The same Clerk. | The same Clerk. | |
| In the Parliament held in the twenty eighth and twenty ninth Years of Queen Elizabeth | The same Lord Chancellor, and his place supplied for divers days during his sickness by Sir Edmund Anderson Knight Lord Chief Justice of the Common Pleas. | John Puckering Serjeant at Law Speaker again. |
| The same Clerk. | The same Clerk from Oct. 29. to Dec. 2. 1589. And the same Clerks Kinsman W. Onslow Gent. from Febr. 15. to March 23. ensuing. | |
| In the Parliament held in the thirty first Year of Queen Elizabeth | Sir Christopher Hatton Knight Lord Chancellor. | George Snagg Serjeant at Law Speaker. |
| The same Clerk. | The same Clerk. | |
| In the Parliament held in the thirty fifth Year of Queen Elizabeth | Sir John Puckering Knight Lord Keeper of the Great Seal of England. | Edward Coke Esq the Queens Solicitor Speaker. |
| The same Clerk. | The same Clerk. | |
| In the Parliament held in the thirty ninth and fortieth Years of Queen Elizabeth | Sir Thomas Egerton Knight Lord Keeper of the Great Seal of England. | Christopher Yelverton Serjeant at Law Speaker. |
| Thomas Smith Esq succeeded Clerk of the Upper House to Anthony Mason alids Wilkes. | The same Clerk. | |
| In the Parliament held in the 43 & 44 Years of Queen Elizabeth | The same Lord Keeper. | J. Croke Esq Recorder of London. |
| The same Clerk. | The same Clerk. |
THE JOURNAL OF THE House of LORD'S, A o 1 o Regin. Eliz. A. D. 1558 & 1559.
The Journal of the Proceedings of the House of Lord's, in the Parliament holden at Westminster, A o 1 o Regin. Eliz. Anno Dom. 1558. beginning there after one Prorogation of the same on Wednesday the 25 th. of January, and then and there continued until the Dissolution thereof on Monday the 8 th. day of May Anno Dom. 1559.
QUeen Mary Deceased on Thursday the 17 th. day of November, in the year of our Lord 1558. and the Parliament then Assembled in the 6th. and last year of her Reign, thereby immediately Dissolving. the thrice Excellent and Prudent Princess Queen Elizabeth, according to her right and Hereditary Title, without any opposition or difficulty, King Philip being then very happily absent beyond the Seas, Succeeded to all the Realms and Dominions of Mary her Sister, excepting Callais and those other inestimable places in France, which had been most dishonourably and vainly lost in the time, and towards the end of the Reign of the said Queen, and finding also the Innocent Blood of God's Saints, shed for the Witness of the Truth, to have stained the former Government with the just Brand and Stigma of persecuting and Tyrannical: And that her Realms and Dominions were much impoverished and weakened; whilst in the mean time her Enemies everywhere abroad, were increased not only in Number, but in Strength and Power; She therefore in the very entrance of her Reign well considering and foreseeing that the surest and safest way to Establish the Truth, to abolish all Foreign and usurped Authority, to repair the breaches and weaknesses of her said Realms and Dominions, to strengthen her Kingdoms with Shipping and Munition, and to revive the decayed Trade thereof, was by the common advice and Council, and with the Public assent of the Body of her Realm, did Summons herfirst Parliament to begin on Monday the 23th. day of January, having before made and appointed that wise and able Statesman Sir Nicolas. Bacon Knight, Lord Keeper of the great Seal of England.
In the setting down of this Journal of the upper House in An. 1. Reg. Eliz. An. Dom. 1558. Summoned to begin at the day and place aforesaid; I have caused to be Transcribed many things at large out of the original Journal Book. Some things also of Form I have added to it, which are in the very Original itself omitted in this regard only, because they were but matters of Course, and not much material: yet I was much desirous both in this Journal of the Upper House, and in that also of the House of Commons, in this first year of the Queen, to supply once for all the whole matter of Form, that so I might the better omit it in the following Journals, and have ready recourse hither unto it, being all framed into one Structure or Body. In this Journal of this first year is set down the ground, form, and return of the Writs of Summons, with their usual and common differences, the Commission for Prorogation, and the form of Proroging the Parliament to a further day, The manner of the beginning of the Parliament, with the Sitting of the Lord's Spiritual and Temporal, The places of Peers under age, and of Noblemen’s Sons, their Fathers living and the difference, The whole form Verbatim of the Receivers and Triers of Petitions. And lastly for what, or by whose Licence, the Lord's both Spiritual and Temporal, may absent themselves from the Parliament House, and send their Proxies, the forms of Proxies, the cause of a Vacat, the several observations upon the return of such usual or unusual Proxies, as were this Parliament returned, the returns of which are set down at large, out of the Original Journal Book itself, with divers other things of the like nature, and are digested as the following Passages of this first Parliament of Queen Eliz. into an orderly and exact Journal.
Before the Writs for the Summoning of this Parliament were sent forth, the Queens Majesty did send her Warrant to Sir Nicolas Bacon Knight, Lord Keeper of the great Seal of England, commanding him speedily to cause the said Writs to be made, as in like cases had been formerly accustomed, the usual Form of which Warrant being by Bill Signed, is as followeth.
Elizabeth, by the Grace of God, Queen of England, France, and Ireland, Defender of the Faith, &c. To our right Trusty and right Well-beloved Nicolas Bacon Knight, Lord Keeper of our Great Seal of England, Greeting.
Whereas we by our Council, for certain great and urgent Causes concerning us, the good Estate and Common-wealth of this our Realm, and of the Church of England, and for the good Order and continuance of the same, have appointed and Ordained a Parliament to be holden, at our City of Westminster, the first day of April next coming, in which case divers and sundry Writs are to be directed forth, under our Great Seal of England, as well for the Prelates, Bishops, and Nobility of this our Realm, as also for the Election of Knights, Citizens, and Burgesses of the several Counties, Cities, and Burroughs, Towns of the same, to be present at the said Parliament, at the day and place aforesaid.
Whereupon, We Will, and Command you, forthwith upon the receipt hereof, and by Warrant of the same to cause such, and so many Writs to be made, and Sealed under our Great Seal for the accomplishing of the same, as in like Cases hath been heretofore used and accustomed. And this Bill Signed with our own hand, shall be as well unto you, as to every such Clerk and Clerks as shall make and pass the same, a sufficient Warrant or Discharge in that behalf given.
Upon this Warrant the Lord Keeper sends out the said Writs of Summons returnable the 23th day of January, being Monday, and bearing Date at Westminster the 5th day of December, in the first year of the Queen, the form of which Writ is as followeth.
Elizabetha, Dei Gratia, Angliae, Franciae, & Hiberniae, Regina, Fidei Defensor, &c. Clarissimo Consanguineo suo, Thomae Duci Norfolciae, &c. Salutem, Quia de advisamento & assensu Consilij nostri, pro quibusdam ardius & urgentibus negotiis, nos, statum, & defensionem Regni nostri Angliae, & Ecclesiae Anglicanae concernentibus, quodd am Parliamentum nostrum apud Civitatem nostram Westmonasterij vicessimo tertio die Januarij proxime futuro teneri ordinaverimus, & ibidem vobiscum & cum Prelatis, Magnatibus, & Proceribus dicti Regni nostri, colloquium habere & tractatum, vobis sub fide & ligeancia, quibus nobis tenemini, firmiter injungendo Mandamus, quod consideratis dictorum negotiorum arduitate, periculis imminentibus, cessante excusatione quâcun{que} dictis die & loco personaliter intersitis, nobiscum & cum Praelatis, Magnatibus & Proceribus praedictis, super dictis negotiis tractatur', vestrumque consilium impensur', & hoc sicut nos & honorem nostrum, & salvationem & Defensionem Regni & Ecclesiae praedict', expeditionemque negotiorum dictorum diligitis nullatenus omittatis. Teste me ipsà apud Westmonasterium quinto Die Decembris Anno Regni nostri primo.
The Writ to the Archbishop of York (for the See of Canterbury was now void by the Death of Cardinal Pool ) was after this Form ensuing.
Elizabetha, Dei Gratia, &c. Reverendissimo in Christo Patri, Nicholao Archiepiscopo Eboracen' &c. And so to the end as it is in the Duke of Norfolks Writ, unless perhaps after the word Mandamus, the words following are, in fide & dilection quibus nobis tenemini, &c. instead of these words to the Temporal Lord's, Sub fide & Ligeancia quibus nobis tenemini.
The Writs that were directed to the two Marquesses of Winchester and Northampton, and to all the Earls Summoned to this Parliament, differed nothing from that, by which the Duke of Norfolk was Summoned.
The words of the Writs that were directed to any Bishop, this Parliament, were Verbatim the same with the Archbishops, only differing in the Style which is set down before their Christian Names, being added in these words, Reverendo in Christo Patri, instead of these words inserted into the Writs directed to the Archbishops, viz. Reverendissimo in Christo Patri.
The Writs to the Viscounts and Barons are thus directed, viz. Dilecto & fideli suo Anthonio Vicecomiti, &c. and then all the rest agreeing with the aforesaid Writ set down as directed to the Duke of Norfolk.
The Writs, by which the Judges are Summoned are directed thus, Dilecto & Fideli suo, &c. and differ from the Peers Writs in these words ( tractare & Consilium suum impendere, but not ordinare ) and the same Style is inserted in the Writs directed to the Queen's Council, and the rest who are to attend in the Upper House.
The Parliament being Summoned to begin, as appeareth by the foregoing Writ set down as directed to the Duke of Norfolk, on the 23th. day of January, it was upon the said day farther Prorogued, in manner and form following.
Memorandum where the Queen's Majesty by her first Writ, Summoned the Parliament to be begun and holden at Westminster the 23. day of January, as by the same Writ bearing Date at Westminster the 5th. day of December in the first year of her Reign it more plainly appeareth. Her Highness upon certain great and weighty Causes, and considerations, her Majesty especially moving, by the advice of her Privy-Council, and of her Justices of both her Benches, and other of her Council Learned, did Prorogue and Adjourn this said Parliament until Wednesday now next following, being the 25th. day of this instant Month, by virtue of her Writ Patent Signed with her own Hand, Sealed with her Great Seal, bearing Date the 21th. day of this present Month, whereupon at this said 23th. day of January, the Lord Keeper of the Great Seal with divers others her Lord's and Counselors, repaired to the Parliament Chamber commonly called the Upper House, and there in the presence of the whole Assembly of the Lord's Spiritual and Temporal, the Knights, Citizens, and Burgesses Summoned to the same Parliament, did open and declare, that the Queens Majesty, whose preservation in Health giveth safety and surety to the whole Public Wealth, not feeling herself in good Disposition of Body, nor unmindful of the Peril that by her too much boldness, by coming abroad might ensue, sent for the Lord Keeper of the Great Seal, the Lord's and others of her Highness Council, unto whom she declared her Estate, and the fear she had to adventure going to Parliament this said prefixed day being the 23th. day of January, requesting them to signify her Estate unto the Assembly, and that by virtue of the said Writ of Prorogation she had Prorogued her said Parliament from the first said Summoned day, until the 25th. day of the same Month. All which matters being notified to the said Assembly according to her Highness request and pleasure, the said Writ for the said Prorogation in the presence of that Assembly was there then read, by the Clerk of the Upper House publicly and openly, the Tenor whereof ensueth Verbatim.
ELizabetha, Dei Gratiâ, Angliae, Franciae, & Hiberniae, Regina, Fidei Defensor, &c. praedilectis & fidelibus nostris Praelatis, Magnatibus, & Proceribus Regni nostri Angliae, ac dilectis & fidelibus nostris Militibus, Civibus & Burgensibus dicti Regni nostri ad Parliamentum nostrum apud Civitatem nostram Westmonasterij 23. die instantis Mensis Januarij inchoand' & tenend' convocat' & elect' & eorum cuilibet Salutem. Cum nos, pro quibusdam arduis & urgentibus negotiis nos statum & defensionem dicti Regni nostri Angliae, & Ecclesiae Anglicanae concernen' dictum Parliamentum nostrum ad diem & locum praedictum teneri ordinaverimus ac vobis per seperalia brevia nostra apud Civitatem & diem praedict' interesse Mandaverimus ad tractand' assentiend' & concludend' super his quae in dicto Parliamento nostro tunc & ibidem proponerentur & tractarentur. Quibusdam tamen certis de causis & considerationibus nos ad hoc specialiter movend' dictum Parliamentum nostrum us{que} 25 diem hujus instantis Mensis Januarij duximus prorogand' it a quod nec vos, nec aliquis vestrum ad dictum 23. diem Januarij apud Civitatem praedictam comparere teneamini, seu arctemini; volumus enim vos & quemlibet vestrum; inde erga nos penitùs exonerari Mandantes & tenore presentium firmiter injungendo precipientes vobis & Cuilibet vestrum ac omnibus aliis quibus in hac parte intererit, quod ad dictum 25. diem Januarij apud praedictam Civitatem Westmonasterij personaliter compareatis & intersitis, & quilibet vestrum compareat & intersit ad tractand', faciend', agend', & concludend', super his quae in dicto Parliamento nestro de Communi concilio dicti Regni nostri savente domino contigerit ordinari. Teste me ipsa apud Westmonasterium 21. Januarij Anno Regni nostri primo.
This day also although the Parliament begun not, nor any Peers sat in the Upper House, but the Lord Keeper and some others of either house met only in the Parliament Chamber to Prorogue the Parliament until the 25th. day of this instant Month as aforesaid, were divers Proxies returned from many of the Lord's both Spiritual and Temporal, who in their absence did Constitute others of the said Upper House to give their voices for them. And because no Lord could be absent, without Licence from her Majesty first obtained during this Parliament, it will not be impertinent amongst other matters of Course, to set down the form of the said Licenses, which were as followeth.
RIght Trusty and Well-beloved, We Greet you well, Whereas we are informed that by reason of Sickness, you are not able to make your repair hither to this our Sessions of Parliament, to be holden at Westminster; We have thought good by these our Letters to dispense with you for your absence, and do License you to remain still at home for this time. So nevertheless that you send up your Proxy to some such Personage, as may for you, and in your name give his voice, assent, or denial to such matters as shall be Treated and Concluded upon in our said Parliament, and these our Letters Patents shall be your Warrant in this behalf. Given under our Signet at our Palace at Westminster the first day of January in the first year of our Reign.
Upon the obtaining and receipt of this aforesaid Licence from her Majesty, granted to every absent Lord in particular, they sent their several Proxies, of which the first that was returned this day was the Proxy of William Lord Dacres, which said Proxy is entered in the beginning of the Original Journal Book, remaining with the Clerk of the Upper House, in manner and form following.
23. Januarij Introductae sunt Literae procuratortae Willielmi Domini Dacres qui procuratorem suum constituit Anthonium Vicecomitem Mountacute.
This Proxy was delivered to the Clerk of the Parliament, or to his Servant or Deputy; for the Course (as I suppose) hath been, and is at this day, that the Proxy may be delivered either in or out of Parliament, And the Delivery thereof is good, only the Clerk of the Upper House doth usually Register or enter the same in the beginning of the Journal of that Session or Parliament, with the direct day of the Month on which he received it, and sometimes sets not the day down, the form of which Proxy may be conjectured to have been as followeth.
OMnibus Christi Fidelibus ad quos hoc presens scriptum pervenerit Wilhelmus Dominus Dacres Salutem. Noveritis me prefatum Dominum Dacres per Licentiam Serenissimae Dominae nostrae Reginae a presenti hoc suo Parliamento tent' & inchoat apud Westmonasterium &c. sufficienter excusatum abesse, nominare, ordinare, & constituere dileitum mihi in Christo & honorandum virum Anthonium Vicecomitem Mountacutum meum verum, certam, & indubitatum factorem, actorem, Atturnatum, seu procuratorem per presents; eidemque procuratori meo dare & concedere plenam Authoritatem, & potestatem, pro me, & nomine Meo, de, & super quibuscun{que} causis & Negotiis in Presenti hoc Parliamento exponendis, seu Declarandis tractandi tractatibus, achujusmodi, mihifactis. seufaciendis consilium & auxilium nomine meo impendendi Statutis{que} etiam & ordinationibus, quae ex Maturo & deliberato Judicio Dominorum tam Spiritualium quam Temporalium in eodem Parliamento Congregator' mactari seu ordinari contigerint nomine meo consentiendi eisdem{que} si opus fuerit, subscribendi caetera{que} omnia et singula quae in premissis Necessaria fuerint seu quomodolib' requisita faciendiet exercendi in tam amplis Modo et forma, ut ego ipse facere possem, aut deberem, si praesens personaliter interessem, Ratum et gratum habiturus totum et quicquid procurator' meus statuerit, aut facerit in premissis; in cujus rei testimonium presentibus subscripsi Sigillumque apposui dat' &c. Anno Regni Dictae Dominae nostrae Elizabethae Dei Gratia Angliae Franciae & Hiberniae Regina, Fidei Defensoris &c. Primo.
Here under the Proxy is usually the name of the Lord that sendeth it Subscribed.
Note, that this is not the direct Copy of the Proxy sent by the Lord Dacres, but only his name added unto it, being set down according to the form, observed both in these times, and in ours which have since followed; for if these Lord's, who do constitute Proctors, have their Proxies drawn by the Clerk of the Parliament's direction, which is the best and most usual course, then are they always drawn in manner and form aforesaid.
But if any Lord, by reason of his far distance from the place where the Parliament is held, or by some other occasion, doth make his own Proxy, then the form doth usually differ from that which is before set down, and is in manner and form as followeth, to which I have added the name of the Bishop of Peterborough, because the Spiritual Lord's do most usually venture to make their own Proxies, and because the said Bishops Proxy is entered the 23th. day of January in the Original Journal Book of this first Parliament of the Queen, next after the Proxy of the Lord Dacres before set down, the entrance whereof is as followeth.
23. Januarij Introductae sunt literae procuratoriae David Episcopy Petriburgi qui procuratores suos constituit Nicholaum Archiepiscop' Eboracen' Edmund' Episcop' London, & Radolph' Episcop' Coventr' & Litch.
This Proxy that followeth being of a new form, and different from that which is before set down, is here added, as sent by the Bishop of Peterborough, for the reason above expressed.
PAteat universis per presents, Quod ego David permissione Divina Peterburgen' Episcopus Licentia Regia in ea parte prius obtent' Necnon diversis Arduis impeditus & detentus Negotiis, quo minus in presenti Sessione Parliamenti hujus inclyti Regni Angliae personaliter comparere debit' praestare obsequium ac in ea parte inservire Valeam, Reverendissimum in Christo Patrem Nicholaum, providentia divina Eboracen' Archiepiscopum totius Angliae Primati & Metropolitano et Reverendos in Christo Patres Edwardum Episcop' Londinen' & Radolph' Episcop' Coventr' et Litch' et eorum utrum{que} conjunctim et divisim, meos veros, legitimos actores, factores, atturnatos, et procuratores facio et constituo; eisdem que procuratoribus meis, et eorum utri{que} conjunctim et divisim plenam in Domino do et concedo Authoritatem, et potestatem, per me, et in nomine meo, in dicta presenti Sessione Parliamenti compend' et de, et super quibuscun{que} Negotiis in eadem presenti Sessione Parliamenti exponend' declarand' et tractand' tractatibus hujusmodi mihi fact' seu faciend' consilium nomine meo impendend' Statutis{que} etiam & ordinationibus, quae ex maturo et deliberato judicio Dominorum, tam Spiritualium quam Temporalium, in eadem presenti Sessione Parliamenti congregat' mactetari, seu ordinari contigerint, nomine meo consentiend' caetera{que} omnia singula{que} in premissis, seu circa ea necessaria fuerint seu quomodolibet requisita faciend' perimplend' & exercend' in tam amplis modo et forma, ut ego ipse facere possem, et deberem, si presens Personaliter interessem, Ratum et Gratum habens' et habitur' totum et quicquid procuratores mei praedicti statuerint aut fecerint, seu alter eorum statuerit aut fecerit in premissis. In cujus Rei testimonium. Sigillum meum magnum et Episcop' presentibus apponi, feci, dat' etc' Anno Domini Millesimo Quingentessimo Quinquagessimo Octavo.
I do observe it to be very usual, yet not always observed) in the return of Proxies, to suppose the Parliament to be begun, although they be returned sometimes before it begins, as these, and divers others which now follow (according to the entrance of the returns of them) were in this first Parliament of the Queen. Besides, the said Proxies are many times Dated divers days, nay weeks, before the first day on which the beginning of it is limited by the Summons: by which means it may also fall out, that if there be any Prorogations, the said Proxies may be both Dated and returned many Months before the Parliament do hold, but the reason, I conceive, of this Clause in every Proxy, may be, because, before any use can be made of it in the Upper House, or that be called for, the House must of necessity be set, and be in agitation of Business, and then the Course is, if anything come to the Question, the Clerk of the Parliament, or his Deputy, is to search the Journal Book, to see whether such Lord's as give their Voices, for others that be absent, be indeed nominated, and appointed their Proctors.
This same day were many other Proxies both usual and extraordinary returned, of which, and of the nature and forms of Proxies, more shall be presently said, after the setting down of the return of the said Proxies, inserted at the beginning of the Original Journal Book of this first Parliament of the Queen, in manner and form as followeth.
Eodem die (viz. 23. die Januarij) Introductae sunt Literae procuratoriae Johannes Domini Mordant, in quibus procuratores suos constituit Henricum Comitem Arundel, et Franciscum Comitem Bedford.
Vacat. Eodem die introductae sunt Literae procuratoriae Thomae Tresham prioris Sti. Johannes Jerusalem in Anglia, qui procuratorem suum constituit Nicholaum Archiepiscop' Eboracen.
Eodem die introductae sunt Literae procuratoriae Willielmi Domini Paget, qui procuratores suos constituit Henricum Comitem Arundel & Franciscum Comitem Bedford.
Eodem die introductae sunt Literae procuratoriae Cuthberti Episcopy Dunelmen', qui procuratorem suum constituit Archiepiscopum Eboracen.
Eodem die Introductae sunt Literae procuratoriae Johannes Comitis Bathon', qui procuratorem suum constituit Henricum Comitem Rutland.
Eodem die Introductae sunt Literae procuratoriae Georgij Domini Zouch, qui procuratorem suum constituit Franciscum Comitem Bedford.
Eodem die Introductae sunt Literae procuratoriae Henrici Domini Aburgavenae, qui procuratorem suum constituit Franciscum Comitem Bedford.
Eodem die Introductae sunt Literae procuratoriae Thomae Episcopy, Eli in quibus procuratores suos Constituit Nicholaum Archiepiscopum Eboracen' Episcopos Cestren' et Lincoln. And Note that the Christian Names of these two Bishops are omitted in the original Entrance.
Introductae sunt Literae procuratoriae Willielmi Domini Burgh, in quibus procuratorem suum constituit Edwardum Dominum Clinton, Admirallum Angliae.
Introductae sunt Literae Procuratoriae Edwardi Domini Windsor', in quibus procuratorem suum constituit Edwardum Dominum Clinton, Admirallum Angliae.
Introductae sunt Literae procuratoriae Willielmi Domini Euers, in quibus procuratorem suum constituit Edwardum Dominum Clinton, Admirallum Angliae.
Introductae sunt Literae procuratoriae Gilberti Episcopy Bathen' & Wellen', qui procuratores suos constituit Nicholaum Archiepiscopum Eboracen', Edmund' London', et Davidem' Petreburgen', Episcopos.
Introductae sunt Literae procuratoriae Henrici Episcopy Meneven' in quibus procuratores suos constituit Nicholaum Archiepiscopum Eboracen', ac Davidem' Petreburgen', Episcopos.
The Proxies introducted this day, and entered in the beginning of the Original Journal Book of the Upper House, as the constant use is, are referred by me always to those days on which they were entered to have been returned, unless it be in such Journals, where the day of the return is not entered, as in the Original Journal Book, A. 39. Regin. Eliz. from which time to this day, the same Course hath been observed.
And because I have desired to make up a work somewhat exact and perfect, of the Journals of the Reign of this most Gracious Queen, and once for all to make some Animadversions upon all matters of form in this Journal of her Majesty's first Parliament, that so all other may be referred unto it, therefore I shall now add a little, touching the nature, kinds, and use of Proxies, as I have set downbefore, touching the Writs of Summons.
A Proxy therefore is no more than the constituting of someone or more, by an absent Lord, to give his Voice in the Upper House, when any difference of Opinion and Division of the House, shall happen, for otherways, if no such Division fall out, it never cometh to be questioned, or known to whom such Proxies are directed, nor is there any the least use of them, save only to show, prove, and continue the Right which the Lord's of the Upper House have, both to be Summoned, and to give their Voices in the same House, either in their Persons, or by their Proxies; And when the Voices of that House are to be divided, then the Clerk of the same, if he be present, or his Deputy, gives notice of such Proxies, as have been introducted and delivered unto him, and to whom they are directed, that they may give them accordingly. And as many Proxies as any Peer hath, so many voices he hath besides his own, and if there be two or three Proxies constituted by one absent Lord, as is frequent, then always the first named in the same is to give the Voice if he be present, and if absent then the second, et sic de reliquis.
It is plain by that ancient Manuscript Intituled, Modus tenendi Parliamentum, of which I have a Copy both in French and Latin, Cap. de inchoatione Parl. that if a Peer neither came to the Parliament, nor sent a Proxy upon his Writ of Summons he forfeited 100 l. if an Earl 100 Marks, if a Baron which was after qualified, viz. Rotulo Parliamenti A. 31. H. 6. Num. 46. And a Duke for such default was fined 100 l. an Earl 100 Marks, and a Baron 40 l.
And it is plain, that Anciently the Lord's Spiritual and Temporal were often absent without the King's Licence, and did then only send the Expression of the Cause of their said absence, in their said Proxies, as did the Abbot of Selby. A. 26. Edw. 3. as appears, ex Registro ejusdem 〈◊〉 ' alleging only this reason, Quia impedimentis variis et arduis Negotiis concernentibus reformationem status Domùs nostrae simus multipliciter impediti &c. and so likewise in A. 36. H. 8. the Cause of the Abbot of Shrewsburies absence is thus expressed in the Original Journal Book of the Upper House, A. codem 20. die Parliamenti relatum est Quod Abbas Salop' gravi infirmitate detinetur quod hîc interesse nequit, ideo constituit procuratores suos Episcopam Coventr' et Eitch' et Comitem Salopiae conjunctim et divisim, but always then the Proxies were directed to the King, and did in truth contain in them as well supplication for his Pardon of their absence, as a Constitution of their Proctors, as doth plainly appear by this Proxy following, of the Abbots of Thorney, which I have the rather inserted at large, because the very Original itself under Seal remaineth with me amongst many other precious Originals in my Library.
EXcellentissimo Principi et Domino suo singularissimo Domino Henrico Dei Gratià Regi Angliae et Franciae, ac Domino Hiberniae, suus humillimus et Devotus Robertus Dei patientia divina Abbas Monasterii beatae Mariae sancti{que} Botolphi de Thorney subjectionem, et fidelitatem omnimodas cum orationibus assiduis et devotis ad comparend' pro me et nomine meo, in Parliamento vestro coram vestra regia celsitudine vicessimo die Mensis Januarij prox' futur' post datum presens apud Westm' favente gratia Spiritûs sancti felicitor inchoand' Ne personali comparitione in eodem penes vestram regiam celsitudinem quoties opus sucrit excusand' precipue pretextu adversae valetudinis nostrae caeteris{que} ex causis justis veris et probabilibus quod interesse non valemus prout affectamus: Qua proptervestrae Regiae humiliter celsitudini supplicamus quatenus absentiam nostram personalem in hàc parte excusatam gratiose dignetur habere vestrae Clementia Majestatis, et ut vestro Mandato in quantum possumus in omnibus pareamus, Reverendos in Christo Patres Sancti Albani Sti' Edmundi de Bury, Sti' benedicti de Ranisy, et Sti' Gutlaci de Coland' Abbates conjunctim et divisim, et corum quemlibet nostros veros, et Legitimos procuratores Atturnatos{que} fideles tenore presentium constituimus et ordinamus, promittens me ratum gratum et firmum perpetuo habiturum quicquid praedicti pro me, et nomine meo, fecerint vel alter fecerit in premissis seu aliquo promissor' vestrae Regiae celsitudini humiliter supplico quatenus absentiam meam personalem hac vice ex Regia mansuetudine habere dignemini gratiose excusatam. In cujus Rei testimonium Sigillum nostrum Commune present' est appensum Dat' apud Thorney praedict' decimo quarto die Mensis Januarij An. Regni Regis Henrici Octavi Quinto.
Sometimes also the said Sickness, or cause of Absence is Testified by Oath, as appears in the Original Journal of the Upper House, A. 6. H. 8. Feb. die 12. where James Marshal servant to the Lord Scroop made Affidavit of his Lord's detention by Sickness.
But even Anciently, if the Parliament were to be Assembled by reason of some great and extraordinary occasion, And that the King declared in his Writ of Summons, that he would not admit of any Proxies ista vice, then none did presume to send them, but upon the King's Licence first obtained, as appears, ex Rotulo Parliamenti A. 6. Ed. 3. die 27. Januarij A. 22. Ed. 3. die 20. Novemb. A. 6. Ric. 2. die 2. Jan. ct A. 11. Ric. 2. die 20. Martij.
But of later times, since the 38th. year of H. 8. the Lord's in their very Proxies, do express their absence to be by the King, or Queen's Licence, and oftentimes the Clerk of the Upper House doth insert the Memorial of their return, with their expression of their absence by the said Licence. And in making of Proxies it hath always been at the free Choice and Election of a Spiritual Lord, that sent the said Proxy to constitute some other Spiritual Lord, or a Temporal Lord, or both, and so likewise mutatis mutandis hath the liberty been of a Temporal Lord, although there appears but three Presidents thereof, during her Majesty's Reign, of which, the first was in A. 5. Regin. Eliz. where William Bishop of Exeter, constituted for his Proctor Francis Earl of Bedford. And the second in A. eodem Regin. ejusdem, where Thomas Archbishop of York Constituted the Earl of Bedford his joint Proctor with Richard Bishop of Eli, and Rowland Bishop of Bangor. And the third and last in A. 28. & 29. Regin. praedict', where Hugh Bishop of Bangor did Constitute William Lord Burleigh Lord Treasurer of England his joint Proctor with John Archbishop of Canterbury, but in former time the Presidents of this nature, are more frequent.
For there was so little observation kept in this kind, as sometimes the Lord's Spiritual, and Temporal did Constitute the Judges and Barons of the Exchequer, being but attendants on the House, for their Proctors, and sometimes Strangers, as the Abbot of Selby in Edward the third's time Constituted John Goldale, a Monk of that house, and William R. Clerk his Proctors, and these also were sometimes appointed Triers of Petitions jointly with the Lord's, as appears A. 14. Ed. 3. and sometimes Committees with the Lord's, prout patet ex rotulo Parliam' de A. 14. Ed. 3. N. 13. 14. & 18.
These Animadversions being thus premised of Proxies in general, now follow some others that concern the Particular Proxies foregoing, and the residue that were returned at this Session, on Saturday the 4th. day of February ensuing, and on Wednesday the 8th. day, and on Saturday the 18th. day of March following, and on Tuesday the 4th. day of April ensuing.
And therefore in the first place, it shall not be amiss to make remembrance, that in the Journal of this Parliament, I have caused the entry of all Proxies whatsoever, as well ordinary as extraordinary to be Transcribed, because it is the first Parliament of her Majesty, whereas in most of the residue, I have only caused those to be inserted into my Journals, which were extraordinary and unusual.
And whereas the word ( Vacat ) is added at the beginning of the entrance of the return of the Proxy of Thomas Tresham Prior of St. Johns of Jerusalem in England, as also before that of William Lord Euers, which are before, amongst others set down. The reason of the first I cannot possibly Guess, because neither the Archbishop of York, to whom the said Thomas Tresham had sent his Proxy, was himself absent, nor the said Prior present, nor dead before the return of his said Proxy, as may easily be gathered; but for the other, it is plain that the Lord Clinton, whom the Lord Euers did Constitute for his Proctor, was absent at the beginning of this Parliament, and did himself send his Proxy, which is entered at the beginning of the Original Journal Book of the Upper House, to have been returned on Saturday the 4th. day of February, although the word ( Vacat ) be prefixed also before the entrance of the return of the same, because he afterwards came to the Parliament himself, and served in Person in the Upper House, the greatest part of the continuance thereof, and from these examples may be gathered the true Causes, both why, and when a Proxy that is returned becometh void, either when the Peer, or Lord that sends the Proxy dies himself, or comes to the House in Person before the end of the Parliament, or that the Proctor or Proctors, whom he constitutes, do die, or be otherwise absent, and send their Proxies themselves; for in this latter case, those Proxies are to be repealed by the Lord Chancellor, as there is a President for it in the end of the Original Journal Book of the Upper House, A. 33. et 34. H. 8. in the case of Nevill Lord Latimer, for though the absent Lord, or Lord's, to whom the Proxy is directed, do constitute other Proctors, yet they cannot execute such Proxies as are directed unto him: for a Proxy is but an Authority to give another man's assent, which cannot be transferred to a third person; yet doth the sending of one Proxy sufficiently excuse any absent Lord, although the Peer, to whom it is directed, be not present himself, but as soon as that absent Lord shall have notice that he, or they, whom he constituted for his Procurators, do themselves send their Proxies also, by reason of their absence, then may he send another Proxy, and constitute one other or more Proctors for himself and in his stead, to give his voice de Novo, as the Lord Vaux did in A. 18. Jacobi Regis.
After those Bloody and Intestine Civil Wars, which had been raised in England in the year 1642. and that Robert, Earl of Essex, General of the Forces raised by the two Houses of Parliament against the King, had (by the Power of the Independent Faction, over balancing those, who desired the settling of the Presbyterian Government) been laid aside, and Sir Thomas Fairfax Knight placed in his Room; the opposition between those two Parties in either House of Parliament, growing every day higher and higher, the Aged Earl of Mulgrave, being an Enemy to all Faction and Innovation, was much troubled that William Viscount Say and Seal, the chief Promoter of the Independent Novelties, did make use of his Proxy for the acting and passing those particulars, which were contrary to the Judgment and Conscience of him the said Earl of Mulgrave: And therefore, my advise being desired by some of the Members of the House of Commons, for the reminding him. thereof, I drew the Letter and Instrument ensuing, being not only the first, but the sole President also of this King, which yet remains upon Record in the Office of the Clerk of the House of Peers.
My very good Lord,
I am humbly to request of your Lordship, to communicate this my present Instrument, under my hand and Seal to the House of Peers, that it may be publicly there Read, and remain upon Record in the Office of the Clerk of the same House:
Kenzington. April 1646.
I am Your Lordships humble Servant.
TO all Christian People to whom these presents shall come, Edmund Earl of Mulgrave, Greeting. Know Ye, that Whereas I the said Edmund Earl of Mulgrave, have formerly constituted the Right Honorable William Viscount Say and Seal, &c. my lawful Actor, and Procurator for me, and in my name, to give my Voice and Suffrage upon all such emergent Occasions, as the same shall be requisite, by the ancient Orders and Constitutions of the House of Peers, That I do now, by these presents Revoke, and Vacate the Proxy by which I did formerly Constitute the said William Viscount Say and Seal, my lawful Actor and Procurator as is aforesaid; and do hereby declare the same Proxy to be utterly Annulled, Vacated, and Revoked, to all intents and purposes whatsoever. In witness whereof, I have Signed and Scaled these presents, this day of April in the 22th. year of the Reign of our Sovereign Lord Charles, by the Grace of God, of England, Scotland, France, and Ireland, King, etc. An. Dom. 1646.
This Instrument was written, and engrossed in Parchment as a Deed Poll is, and to it in a Libel of Parchment, was the Seal of the said Earl of Mulgrave affixed, and it was read and allowed in the House of Peers.
Soon after the allowance of the aforesaid Instrument the said Earl of Mulgrave sent this ensuing Proxy to the Earl of Essex, who made use of it in the House of Peers, and it was there allowed of, without any the least question, or dispute.
OMnibus Christi Fidelibus ad quos hoc presens Scriptum pervener it Edmundus Comes de Mulgrave Salutem. Noveritis me prefatum Edmundum Comitem de Mulgrave per Licentiam Serenissimi Domini nostri Regis a presenti hoc suo Parliamento inchoat' et tent' apud Westmonasterium etc. sufficienter excusatum abesse, nominare, ordinare, et constituere, dilectum mihi in Christo et honorandum Virum Robertum Comitem Essex, meum verum, certum, et indubitatum Factorem, Actorem, seu Procuratorem per presents, eidem{que} procuratori meo dare, & concedere plenam Authoritatem, & potestatem, pro me & nomine meo, de & super quibuscun{que} causis & negotiis in Presenti hoc Parliamento exponendis, seu declarandis tractandi, tractatibus{que} hujusmodi inibi factis seu faciendis consilium & auxilium nomine meo impendendi statutis{que} etiam & ordination' quae ex maturo & deliberato judicio Domincrum in eodem Parliamento congregat' inactitart seu ordinari contiger int nomine meo consentiendi Caetera{que} omnia & singula quae in praemissis necessaria fuerint, seu quomodolibet requisita faciendi, & exercendi in tam amplis modo & forma, ut ego ipse facere possem, aut deberem, si presens personaliter interessem, Ratum & Gratum habiturus totum & quicquid Procuratormeus statuerit aut fecerit in praemissis. In 〈◊〉 rei testimonium praesentibus subscripsi Sigillum{que} apposui.
Neither will it be impertinent to set down here how many Proxies were sent to some special Peers at this Parliament, it having been my usual course to make some short remembrance of them in all their Journals of Queen Eliz's Reign, upon the first day that any extraordinary Proxies were returned: and I have caused not only the Presidents of this kind to be inserted here at large, in respect this was the first Parliament of her Majesty's Reign; but also because they are more full and direct, than any other that ensue, to prove what hath been the ancient use and Privilege of the Peers of the Upper House, in the matter of sending, and receiving of Lord's Procuratory.
At first, Nicolas Archbishop of York (for the See of Canterbury remained still void since the Death of Cardinal Pool, ) was constituted the sole, or joint Proctor of David Bishop of Peterborough, Cuthbert Bishop of Durham, Thomas Bishop of Eli, Gilbert Bishop of Bath and Wells, Henry Bishop of St. David's, and of Thomas Tresham Prior of St. Johns of Jerusalem; all which Proxies are entered at the beginning of the Original Journal Book of the Upper House, to have been returned on Monday the 23th. day of January, on which this present Parliament was Summoned to have begun.
Francis Earl of Bedford was also Constituted the sole, or joint Proctor of 15 several Peers. viz. of John Lord Mordant, William Lord Paget, George Lord Zouch, and of Henry Lord Aburgaveny, all which Proxies are entered at the beginning of the Original Journal Book of the Upper House, to have been returned this present Monday the 23th. day of January. He was also constituted the joint Proctor of Edward Lord Clinton, Lord Admiral, Thomas Lord Sands, William Lord Vaux of Heredoun, William Lord Gray of Wilton, and Henry Earl of Cumberland, all whose Proxies are entered in such order, as they be here set down, in the aforesaid Journal Book, to have been returned on Saturday the 4th. day of February. The Proxies also of Edward Earl of Derby, John Earl of Oxford, Henry Lord Strange, Thomas Viscount Howard of Bindon, and Henry Lord Morley, by which the said Earl of Bedford was Constituted their sole, or joint Proctor, are entered in the same order they are Transcribed, in the before mentioned Original Journal Book, to have been returned on Saturday the 18th. day of March ensuing.
And lastly, the said Earl of Bedford was Constituted the joint Proctor (with Edward Lord Clinton Lord Admiral) of Oliver Lord St. John of Bletto whose Letters Procuratory are entered to have been returned on Tuesday the 4th. day of April ensuing.
Edward Lord Clinton Lord Admiral, was Constituted the sole Proctor of William Lord Burgh, Edward Lord Windsor, and William Lord Euers, whose Proxies are entered at the beginning of the Original Journal Book of this Parliament, to have been returned on this Monday the 23th. day of this January. He was also Constituted the joint Proctor of William Lord Grey of Wilton, whose Proxy is entered, as aforesaid, to have been returned on Saturday the 4th. day of February ensuing, the Proxy also of Francis Earl of Huntingdon is entered, as before, to have been returned on Saturday the 18th. day of March following, by which he Constituted the said Lord Clinton his joint Proctor with Henry Lord Hastings; And for the Proxy of John Lord Darcie of Darcie entered there, as before, to have been returned on this day likewise, he is Constituted his sole Proctor. And lastly the said Lord Clinton Lord Admiral was Constituted the sole, or joint Proctor of William Lord Willoughby of Parham, Edward Lord Hastings of Louthbury, and of Oliver Lord St. John of Blestoe, whose Proxies are entered to have been returned on Tuesday the 4th. day of April ensuing.
By these three foregoing Presidents, it doth plainly appear, as also from all other Presidents of former and latter times, that any Member of the Upper House by the ancient usage and Custom of the same, is capable of as many Proxies as shall be directed unto him, although there were an Order made in the said House to the contrary, upon the day of Anno Regis Caroli An. Dom. 1626. That no Lord cr Member whatsoever, of the Upper House, should for the time to come, be capable of above two Proxies at the most, which said order was occasioned, in respect that George Duke of Bucks, both the favorite of the King deceased, and of King Charles now Reigning, this present year 1630 did, to strengthen himself by voices, not only procure divers persons to be made Members of that House but also engrossed to himself near upon 20. several Proxies.
And now, if this doubt or conceit should arise in any man's mind, that therefore the Lord's have a greater Privilege, than the Members of the House of Commons, because they can appoint others to serve in and supply their places in their absence, which the Commons cannot, they are much deceived and mistaken, for it is plain that the chief end of a Proxy is, that the Upper House may have all its Members either in person, or by representation, and therefore the Lord's Spiritual and Temporal, who are Summoned thither, in their own right have anciently had, and still do retain, the liberty of Constituting their Procurators, whereas every Member of the House of Commons appeareth, and doth serve in the right of that County, City, Burrough, and Port for which he is Elected and Chosen, which being a Trust and Confidence reposed in them, can be no more transferred from him to a third person, than can the Proxy of the Lord's be from him to whom it is directed, if he shall be absent likewise: and therefore if any Knight, Citizen, Burgess, or Baron, after he is Elected and returned, shall before the meeting of the House, be disabled by Sickness, Attainder, or other Cause, from serving in the same, then presently order is given from the House to the Clerk of the Crown, for the sending thither a second Writ for a new Election; so that the said House may not remain without any Member that appertains unto it. And this I conceive Tantamount unto a Proxy, which cannot be granted, but when the absence of the Lord that sends it, is perpetual during that whole Parliament or Session, for which he Constitutes one or more Proctors: for if he repair to the Upper House any time after, and serve in Person, his Proxy is presently void.
On Wednesday the 25th. day of Ian. the Parliament was held, according to the last Prorogation thereof on Monday the 23th. day of this instant January foregoing, and therefore this day is to be reckoned the first day of the Parliament, and it was the error of — Seimour Esq at this time Clerk of the House of Commons, that in the Original Journal Book of the same House, fol. 186. a. he accounteth, and setteth down the Parliament to have begun on the aforesaid 23th. day of January, when it was only prorogued, by which he would make that to be the first day thereof.
True it is, that Anciently if the Parliament had been Prorogued on that day, to which the Summons thereof had referred, in the beginning of it, they were so far from accounting that day the first of the ensuing Parliaments, that new Writs of Summons were thereupon sent forth, and a new day appointed for the beginning thereof, as appears in the Parliament Rolls. Anno 23. Edw. 1. die 20. Novemb. An. 60. Edw. 1. die 11. Decembris A. 33. Edw. 1. die 13. Julij & A. 11. Edw. 2. die 3. Martij.
But yet it hath been the constant usage most Anciently, and doth doubtless hold at this day also, that if the King do come in Person to the Parliament, on that day to which the Writs of Summons do refer, and there cause it to be referred to another day in his own presence, then shall that day be accounted the first day of the Parliament; of which there are many Presidents also, in the Parliament Rolls still remaining in the Tower of London, prout in A. 6. Edw. 3. Octobris Sti' Hillarij A. 14. Edw. 3. tempore Quadragessimi & A. 15. Edw. 3. Quindena Paschae; and of divers other Parliaments in his time, and in the time of King R. 2. his Successor.
And thus also the last day of the Parliament, or of any particular Session, is counted to be that on which the Royal assent is given, to one or more Acts of Parliament, yet if that Parliament or Sessions be adjourned to another day, on which the Sovereign doth again come in Person, and cause it to be dissolved or further Prorogued, then that latter day is to be accounted the last day thereof, of which there is one only President during all the Reign of Queen Eliz', viz. in the Original Journal Book A. 18. Dictae Reginae on Thursday the 15th. day of March.
The Presence of her Majesty, the Lord Keeper, and the Lord's Spiritual and Temporal, is not at all marked in the Original Journal Book of the Upper House, although this entrance following of the said day be there thus Recorded, viz.
Die Mercurij 25. die Januarij proceres, tain Spirituales quam Temporales, quorum nomina subsequuntur, presents fuerunt.
But before this Title there is nothing specified, touching the presence of her Majesty, or of any of the Lord's, for the Letters which should be set at the beginning of the names of such Peers as this day attended her Majesty in the Upper House, are not at all prefixed to any of them, which doubtless happened, through the great negligence of Francis Spilman Esq at this time Clerk of the Upper House.
Yet most certain it is that her Majesty, Sir Nicholas Bacon, the Lord Keeper, the Duke of Norfolk, and divers other Peers were present; but the direct manner of the ranking of them, in respect of the negligent omission of setting the Pr. as aforesaid at the beginning of every Lord's name that was present, could not be orderly and and directly entered in his place, although this was the first day of this first Parliament of her Majesty, nor on Saturday the 28th. day of this instant January, being the second day of the same, because by like negligence of Francis Spilman Esq at this time Clerk of the Upper House, there is no presence of any Lord's there set down in the Original Journal Book of the same House, nor any mention of the Speakers presentment by the Knights, Citizens, and Burgesses of the House of Commons; and therefore of necessity it could not be supplied, until the third day of this foresaid first Parliament of her Majesty, being Monday the 30th. day of this instant January; on which day the names of all the Lord's Spiritual and Temporal being entered, the Letters Pr. are prefixed before the name of the Lord Keeper, and of such Peers as were then present: (as see at large on the said Monday next ensuing) and therefore that President there so expressly Transcribed, may serve as a Pattern for all the residue that follow in all the Journals of the Upper House during her Majesty's Reign: in which there are no other names inserted, but of such Lord's as were marked to be present, unless it be upon Thursday the 21th. day of March following, in the afternoon in this present Journal, and on Friday the 15th. day of January in the Session of Parliament. A. 5. of her Majesty in the Journal of the Upper House.
And although the names of her Majesty, and the Lord's that attended could not be exactly set down, yet it will not be impertinent in the next place, to insert the manner of their sitting in the said House, which being not at all mentioned in the aforesaid Original Journal Book of the same, A. 1. Reg. Eliz. I have therefore partly supplied it, according to 3 other Presidents in these ensuing Journals on which the first was on Thursday the 12th. of Jan. in the Session of Parliament, A. 5. Reg. Eliz. the second, on Wednesday the 2d. day of Octob. pomerid', in the second and last Session of that Parliament, being held in A. 8. Reg. 〈◊〉 . and the third, on Monday the 2d. day of Apr. in the Parliament A. 13. Regin. praedict' all which do follow in the several Journals of the Upper House, Annis praesatis, and it is partly supplied also out the Printed Statute, A. 31. H. 8. C. 10. and partly out of that elaborate written Treatise, entitled Modus tenendi Parliament' apud Anglos, first confusedly gathered by Will. Bowyer Esq as I conceive, and now lately digested into a Methodical Treatise, and enlarged by H. Essing Esq at this time Clerk of the Upper House, viz. in A. 1630. L. 1. C. 3. de loco & modo sedendi. Sect. 3. of the manner of sitting in Parliament at this day.
Her Majesty sat in the Chair of Estate, and when she stood up, her Mantle was assisted, and born up from her Arms by two Noblemen, or others of Eminent Rank thereunto appointed.
The Two Seats, on the right, and left-hand of the Chair of Estate, were void, in respect that the first was Anciently for the King of Scots, when he used to come to our Parliaments: and the other, on the left hand, is for the Prince, the immediate Heir of the Crown.
On the Form on the right side of the Chair of Estate, which stands on the North-side of the Upper House, sat the Spiritual Lord's, the Archbishop of York beginning the Form; and the Abbot of Westminster ending it. Who was the last Abbot that ever sat in the said House in England, since this first Parliament of her Majesty. But at this day the two Archbishops sit upon one Form by themselves, and then the other Bishops in order upon two Forms, on the right hand of the State; the Bishop of London sits first, the Bishop of Durham second, and the Bishop of Winchester hath the third place, and then all other Bishops, according to the Antiquity of their Consecrations.
On the left side of the Chair of Estate, which is on the South-side of the Upper House, upon the foremost Form, sat all the Temporal Lord's, above the degree of Barons. The Marquess of Winchester Lord Treasurer of England, beginning that Form, and the Viscount Bindon ending it.
The Barons sat on the second Form, on the left hand of the State, and it should seem at this Parliament (as it fell out also in the next Sessions following, in A. 5. Regin. Eliz. on Tuesday the 12th. day of January ) that one Form held them all, so as the Lord Clinton, Lord Admiral of England, began the said Form by reason of his Office, and the Lord St. John of Bletsoe ended it. But at this day the number of Peers being much increased, divers of the Barons do sit upon other Forms, Places, Cross-ways, at the lower end of the House.
Sir Nicholas Bacon, the Lord Keeper, because he was under the degree of a Baron, as also her Majesty's chief Secretary, being but a Knight, were to have been placed at the uppermost part of the sack in the midst of the said House, upon one Form, by the fore recited Statute, A. 3. H. 8. Cap. 10. But at this present Parliament as also at this day, during her Majesty's being present, the Lord Keeper stood behind the Cloth of Estate, on the right-hand; and when her Majesty was absent, then his Lordship sat on the first Woolsack which is placed athwart the House, the Seal and Mace by him.
On the Woolsack on the North-side of the House, and of the right-hand of the Estate, sat the two Chief Justices, and divers other Judges.
On the Woolsack on the left-hand of the Estate, and on the South-side of the House, sat the Master of the Rolls, the Lord Chief Baron, the Queen's Learned Council, and others. And note, That all these may properly besaid to sit on the Inner-side of the Woolsacks, and the Queen's Learned Council on the outside of the Woolsacks, next the Earls.
The Masters of the Chancery sat two of the same side, and two on the other side, next the Bishops.
The Clerk of the Parliament, and the Clerk of the Crown, sat on the lower Woolsack, and had a Table before them.
And the Clerk of the Parliament had his Clerks under him, who kneeled behind the Woolsack, and wrote thereon.
All those Peers (as appears by the Journal of the Upper House. A. 8. Regin. Eliz. the 2. day of Feb. being Wednesday, which follows after in its due place) who are before mentioned, had their Mantles, Hoods, and Surcoats, (being of Crimson Velvet, or of Scarlet) furred with Meniver, their Arms put out on the right side, and the Duke of Norfolk had four Bars of Meniver. The Marquess of Winchester, and the Earls three. And the Viscounts, and the Barons, two.
Henry, Earl of Southampton, and the Lord Dacres, of the North, were, as I conceive at this time, both under Age, and in ward to her Majesty, and if they were present, (as many times such were admitted upon such Solemn days as these,) then doubtless they did either stand besides the upper part of the rail, at the higher end of the Parliament House; or else were admitted to kneel at the upper end of the said House, near the Chair of State, for no Peer is called to sit as a Member of that great Council, or to have his free voice, until he have accomplished his full Age, unless by the special grace of the Prince, and that very rarely, unless they be near upon the Age of twenty at the least. The Sons and Heirs apparent of Peers, that sit in the House, stand, on ordinary days, without the upper Rail.
These Animadversions being thus premised, touching the places, and Robes of the Peers; now follows the coming up of the Knights, Citizens, and Burgesses, of the House of Commons, into the Upper House, which, being not found in the Original Journal Book of the same, I have suppli'd with some additions out of the Original Journal Book of the House of Commons, A. primo Regin. Eliz. and with it the Speech of Sir Nicholas Bacon, Lord Keeper, at large, out of a Copy thereof I had by me.
The Knights, Citizens, and Burgesses of the House of Commons remained sitting in their own House till notice was brought them by ..... (according to the Ancient Custom and usage,) that her Majesty, the Lord's Spiritual and Temporal, and the residue were set in the Upper House, expecting their repair thither, whereupon they went up immediately unto the said House, and being set in, as many as conveniently could, and standing below the Rail or Bar, at the nether end of the said House, Sir Nicolas Bacon, Lord Keeper, after he had first privately, in the presence of them all, conferred with her Majesty, went and stood behind the Cloth of Estate, on the right hand, and there spake as followeth; viz.
MY Lord's, and Masters all, The Queen's most excellent Majesty, our Natural and most Gracious Sovereign Lady, having, as you know, Summoned hither her High Court of Parliament, hath commanded me to open and declare the chief Causes and Considerations that moved her Highness thereunto. And here, my Lord's, I wish (not without great cause) there were in me ability to do it in such order and sort, as is beseeming for her Majesty's honor and the understanding of this presence, and as the great weightiness and worthiness of the Matter doth require it to be done. The remembrance whereof, and the number of my imperfections to the well performing of it, doth indeed (plainly to speak) breed in me such Fear and Dread, that as from a man abashed, and well nigh astonied, you are to hear all that I shall say therein. True it is, that some Comfort and Encouragement I take, through the hope I have conceived, by that I have seen and heard of your gentle sufferance by others, whereof I look upon equal cause, equally with others to be partaker: and the rather, for that I am sure good will shall not want in me to do my uttermost, And also because I mean to occupy as small a time as the greatness of such a cause will suffer, thinking that to be the meetest Medicine to cure your tedious hearing, and mine imperfect and disordered speaking. Summarily to say, the immediate cause of this Summons and Assembly, be Consultations, Advice, and Contentation. For although divers things that are to be done here in Parliament, might by means be reformed without Parliament, yet the Queen's Majesty, seeking in her Consultation of importance, Contentation by assent, and surety by Advice; and therein reposing herself not a little in your Fidelities, Wisdoms and Discretions, meaneth not at this time to make any Resolutions in any matter of weight, before it shall be by you sufficiently and fully debated, examined and considered. Now the Matters and causes whereupon you are to Consult, are chiefly and principally three points. Of those the first is of well making of Laws, for the according, and uniting of these people of the Realm into an uniform order of Religion, to the Honor and Glory of God, the establishing of the Church, and Tranquillity of the Realm: The second, for the Reforming and removing of all Enormities, and Mischiefs, that might hurt or hinder the Civil Orders and Policies of this Realm: the third and last is, advisedly and deeply to weigh and consider the Estate and Condition of this Realm, and the Losses and Decays that have happened of late to the Imperial Crown thereof; and therefore to advise the best remedies to supply and relieve the same. For the first, the Queen's Majesty having God before her Eyes, and being neither unmindful of Precepts and Divine Councils, meaneth and intendeth in this Conference, first and chiesly there should be sought the advancement of God's honor and Glory, as the sure and infallible foundation, whereupon the Policies of every good Common-Wealth are to be erected, and knit; and as the straight line, whereby it is wholly to be directed and governed; and as the chief Pillar and Buttress, wherewith it is continually to be sustained and maintained. And, like as the well and perfect doing of this, cannot but make good success in all the rest, so the remiss and loose dealing in this, cannot but make the rest full of imperfections and doubtfulness; which must needs bring with them continual Change, and alteration; things much to be eschewed in all good Governances, and most of all in matters of Faith and Religion; which of their natures be, and ought to be, most Stable.
Wherefore her Highness willeth, and most earnestly requireth you all, first and principally, for the Duty you bear unto God, whose cause this is; and then for the Service you owe to her Majesty, and your Country, whose Weal it concerneth universally; and for the Love you ought to bear to yourselves, whom it toucheth one by one, particularly, That in this Consultation, you with all humbleness, singleness and pureness of mind, confirm yourselves together, using your whole endeavor and diligence, by Laws and Ordinances to Establish that, which by your Learning and Wisdom shall be thought most Meet for the well performing of this godly purpose: and this without respect of Honor, Rule or Sovereignty, Profit, Pleasure or Ease, or of anything that might touch any Person in estimation or opinion of Wit, Learning or Knowledge; and without all regard of other manner of Affection. And therewith, That you will also in this your Assembly and Conference clearly forbear, and, as a great enemy to good Council, fly from all manner of Contentions, Reasonings and Disputations, and all Sophistical Captious and frivolous Arguments and Quiddities, meeter for ostentation of Wit, than Consultation of weighty Matters, comelier for Scholars than Counselors; more beseeming for Schools, than for Parliament Houses. Besides that commonly they be great causes of much expense of time, and breed few good Resolutions. And like as in Council all contention should be eschewed, even so by Council provision should be made, that no Contentions, Contumelious, nor opprobrious words, as Heretic, Schismatic, Papist and such like names, being Nurses of such Seditious Factions and Sects, be used, but may be banished out of men's Mouths; as the Causers, continuers and encreasers of Displeasure, Hate and Malice; and as utter Enemies to all Concord and Unity, the very Marks that you are now come to Shoot at.
Again, as in proceedings herein great and wary Consideration is to be had, That nothing be advised or done, which any way in continuance of time were likely to breed, or nourish any kind of Idolatry, or Superstition; so, on the other side, heed is to be taken, that by no Licentious or loose handling, any manner of Occasion be given, whereby any contempt, or irreverent behavior towards God and Godly things, or any spice of irreligion might creep in, or be conceived; The examples of fearful punishments that have followed these four Extremities, I mean, Idolatry, Superstition, Contempt and Irreligion in all Ages and times, are more in number than I can declare, and better known than I can make recital to you of. And yet are they not so many, or better known than by the continual budding benefits and blessings of God to those that have forsaken those extremities, and embraced their Contraries. And for your better encouraging to run this right and strait course, although that which is said ought to suffice thereto, I think I may affirm, that the good King Hezekiah had no greater desire to amend what was amiss in his time; nor the Noble Queen Hester a better heart to overthrow the Mighty Enemies to God's Elect, than our Sovereign Lady and Mistress hath to do that may be just and acceptable in God's sight: Thus forced to this by our Duties to God, feared thereto by his punishments, provoked by his benefits, drawn by your love to your Country, and yourselves, encouraged by so Princely a Patroness, Let us in God's name go about this work, endeavoring ourselves with all diligence, (as I have before said) to make such Laws, as may tend to the honor and Glory of God, to the Establishment of his Church, and to the Tranquillity of the Realm.
For the Second, There is to be considered what things by private men devised, be practiced, and put in ure in this Realm, contrary or hurtful to the Common-Wealth of the same, for which no Laws be yet provided; and whether the Laws before this time made be sufficient to redress the Enormities they were meant to remove, and whether any Laws made but for a time, be meet to be continued forever, or for a Season: Besides, whether any Laws be too severe or too sharp, or too soft and too gentle; To be short, you are to consider all other imperfections of Laws made, and all wants of Laws to be made, and thereupon to provide the meetest Remedies, respecting the Nature and Quality of the disorder and offense; the inclination and disposition of the people; and of the manner of the time.
For the Third and last, (a Marvelous matter) I cannot see how a good true Englishman can enter into the consideration of it, but it must breed in his breast two contrary effects; Comfort I mean, and discomfort; joy, and sadness; for on the one part, how can a man (calling to his remembrance, that God of his divine Power and Ordinance, hath brought the Imperial Crown of this Realm to a Princess, that so Nobly, diligently, willingly and carefully doth, by the advice of all the Estates of the Realm seek all the ways and means that may be, to Reform all disorders and things, that be amiss; to continue and make firm that that is good, to detect and discourage those that be dishonest and evil; to execute Justice in all points to all persons and at all times, without rigor and extremity, and to use Clemency, without Indulgence and fond Pity.
A Princess, I say, that is not, nor ever meaneth to be, so Wedded in her own will and Fantasie, that for the satisfaction thereof, she would do anything that was likely to bring any servitude or Bondage to her people, or give any just occasion to them of any Inward Grudge, whereby any Tumult or stirs might arise, as hath done of late days, things most pernicious and Pestilent to the Common-Wealth; A Princess, that never meaneth or intendeth, for any private affection, to advance the Cause or Quarrel with any Foreign Prince or Potentate, to the destruction of her Subjects, to the loss of any of her Dominions, or to the impoverishing of her Realm; A Princess, to whom nothing, what Nothing? no, no worldly thing under the Sun is so dear, as the hearty Love and good will of her Nobles and Subjects, and to whom nothing is so Odible, as that they might cause, or by any means procure the contrary.)
How can (I say) a man remember this wonderful benefit, but of necessity he must needs heartily rejoice, and give God thanks for the same! But, my Lord's, the handling of the Princely virtues of this Noble Princess, the cause of our rejoicing, of purpose I pretermit, partly because I ever supposed it not altogether meet for this presence; but chiefly, for that it requireth a perfect, and Excellent Orator, in whom both Art and Nature Concurs, and not to me, a man in whom both fails. Marry, I wish in my heart, an Apt person might oft have meet presence, and just occasion, to handle this matter, as the weightiness of the Cause requireth: But as the Causes of our Rejoicing for such respects be (thanks be to God,) both many and great; so for the causes of our sadness and discomfort, they be neither few nor little.
But here upon great cause, as a man perplexed and amazed, I stay, not knowing what is best to be done; very Ioth I am to utter that which is much unpleasant for me to speak, and as uncomfortable for you to hear: but because sores and wounds be hardly cured, except they be well opened and searched, therefore constrained, of necessity I see I must trouble you with these sad matters. What man, that either Loveth his Sovereign, his Country or himself, that thinketh of and weigheth the great decays and losses of Honor, Strength and Treasure, yea and the peril that hath happened to this Imperial Crown of late time, but must needs inwardly and earnestly bewail the same? Could there have happened to this Imperial Crown a greater loss in Honor, Strength and Treasure than to lose that piece, I mean Calais? which was in the beginning so Nobly won, and hath so long time, so Honorably and Politickly, in all Ages and times, and against all attempts, both Foreign and near, both of Forces and Treasons, been defended and kept? Did not the keeping of this breed Fear to our greatest Enemies, and made our faint friends the more assured, and lother to break? yea, hath not the winning and keeping of this, bred throughout Europe an honorable opinion and report of our English Nation?
Again, what one thing so much preserved and guarded our Merchants, their Trasfick and entercourses, or hath been so great a help for the well uttering of our chief Commodities, or what, so much as this, hath kept a great part of our Sea-coasts from spoiling and Robbing? To be short, the loss of this is much greater than I am able to utter, and as yet, as I suppose, is able to be understood by any: and yet, my Lord's, if this were the whole loss, then might men have some hope in time to come to recover that, that in time hath been thus suddenly and strangely lost; But when a man looketh further, and considereth the Marvelous decays and wast of the Revenue of the Crown, the inestimable consumption of the Treasure, levied both of the Crown, and of the Subject, the Exceeding loss of Munition and Artillery, the great loss of divers valiant Gentlemen of very good Service, the incredible sum of Moneys owing at this present and in honor due to be paid, and the biting interest that is to be answered for the forbearance of this Debt, therewith remembering the Strength and Mightiness of the Enemy, and his Confederates, and how ready he is upon every Occasion, upon every side, and in every time, to Annoy you; And how the time most Meet for that purpose draweth on at hand again; if a man consider the Huge and most Wonderful charge, newly grown to the Crown, more than ever hath heretofore been Wont, and now of necessity to be continued; as first, the maintenance of Garison in certain places on the Sea-coasts, as Portsmounth, with new Munition and Artillery, besides the new increased Charge for the continual maintenance of the English Navy to be ever in readiness against all evil happs; the strongest Wall and defense that can be against the Enemies of this Island; And further also, the new Augmentation or Charge, for the maintenance of a Garison at Barwick, and the Frontiers Northward. Indeed, I must confess that in those matters mine understanding is but small, and mine experience and time to Learn, less: But in mine opinion, this doth exceed the Ancient yearly Revenue of the Crown. Besides, that double so much is of Necessity to be presently spent, about the fortifying of those places in Buildings. When I say a man remembereth, and considereth these things, it maketh him so far from hope of Recovery of that, that is lost, without some aid or Contribution of the Subject; that he will Judge all to be little enough, to make and prepare good defense for that that is left.
Here perchance a Question would be asked, (and yet I do Marvel to hear a Question made of so plain a Matter) what should be the cause of this? if it were asked, thus I mean to answer; that I think no man so blind but seeth it, no man so deaf but heareth it, nor no man so ignorant but understandeth it. Marry withal, I think there is no man so hard hearted in thinking of it, but for the restoring of it would adventure Lands, Limbs, yea the Life. But now to the remedies, wherein only this I have to say; That, as the well looking to the whole universally, is the only sure preservation of everyone particularly; so seemeth it of all congruence and reason meet, that everyone particularly, by all ways and means readily and gladly, according to his power, should concur, and join to relieve and assist the whole universally. Neither can I see, things standing as they do, how any that loveth his Country, or hath wit to foresee his own surety, can be withdrawn from this. Is there any, think you so Mad, that having a Range of houses in peril of fire, would not gladly pluck down part, to have the rest preserved and saved? Doth not the wise Merchant, in every adventure of danger, give part to have the rest assured? These causes well compared, small difference shall be found. And for all this (a strange matter and scarce Credible) with how deaf an Ear, and how hardly the Queen's Majesty may endure to hear of any device that may be burthenous to her Subjects, I partly do understand, and divers others partly perceive. Is not the cause Marvelous Pityful, that the Necessity and Need of this Ragged and Torn State by Misgovernance, should by force so bridle and restrain the noble Nature of such a Princess, that she is not able to show such Liberality and Bountifulness to her Servants, and Subjects, as her heart and Inclination disposeth her Highness unto? What a grief and Torment this is to a Noble Mind! What a grief? surely such a grief, as but to a Noble Mind who feels it, it cannot be understood. But for the more plain declaration of her highness's disposition in this matter, her Highness hath commanded me to say unto you, even from her own Mouth, that were it not for the preservation of yourselves, and the surety of the State, her Highness would sooner have adventured her Life, (which our Lord long preserve) than she would have adventured to trouble her Loving Subjects with any offensive matter, or that should be burthenous or displeasant unto them; And for the further Notifying of her Highness's mind herein, she hath commanded me to say unto you, That albeit you yourselves see, that this is not matter of will, no matter of displeasure, no private Cause of her own, which in times past have been sufficient for Prince's Pretences, (the more Pity!) but a matter for the universal Weal of this Realm, the defense of our Country, the preservation of every man, his house and Family particularly; yet her Majesty's Will and Pleasure is, that nothing shall be demanded or required of her Loving Subjects, but that, which they, of their own free wills and Liberalities, be well contented, readily and gladly, frankly and freely to offer; so great is the trust that she reposeth in them, and the love and affection that her Highness beareth towards them, nothing at all doubting, but that they will so lovingly carefully and prudently consider and weigh this great and weighty Matter, that such provision out of hand be taken therein, as her Highness shall be preserved in all Honor and Royal Dignity, and you, and the rest of her Loving Subjects, in common quiet and surety.
Now, to make an end, The Queen's Majesty's pleasure is, That you, her well-beloved and trusty Knights of her Shires, and Burgesses, according to your laudable Custom, shall repair to your Common House, and there deliberately and advisedly Elect, or rather, amongst so many already Elect persons, select one, both grave and discreet, who after he be by you presented, and that Presentation by her Highness admitted, shall then occupy the Office and Room of your Common Mouth, and Speaker, and of your day of presentation the Queens Majesty giveth you.
As soon as the Lord Keeper had ended his Speech, and the Knights, Citizens and Burgesses retired to the House of Commons, to Elect and choose their Speaker, Francis Spilman Esq Clerk of the Upper House, stood up, and read the Names of Receivers, and Triers of Petitions in French, according to the Ancient and unusual manner. And because I resolve in all the ensuing Journals of the said House, during the Reign of this most Sacred Queen, only to set down their said names, without tying myself to the express Form or Language; therefore I have in this place, once for all, Transcribed the exact Form thereof, as it is entered in the Original Journal Book of the Upper House, A. isto primo Regin. Eliz. with this difference only, that whereas it is there entered before the beginning of the said Journal, here I have caused it to be referred unto, and placed in that day, to which it more properly belongs. After which also, divers Animadversions touching the Ancient use and nature of the said Receivers and Triers, are inserted.
| Messire Robert Catelyn chl. chef. Justicier. | Et ceux qui veuleut delivrer leur Petitions, les baillent dedans six jours prochainement ensuivants. |
| Messire Guillame Cordell chl. garden des Rolls. | |
| Messire Umfrey Brown chl. et Justicier. | |
| Messire Rich. Reed chlr. | |
| Docteur Lewis | |
| Docteur Harnye. |
| Messire James Dyer chl. et Justicier. | Et ceux qui veuleut delievrer leur Petitions, les baillent dedans six jours prochainement ensuivants. |
| Messire Edward Saunders chl. le chief. Baron. | |
| Messire Anthony Brown Justicier. | |
| Messire Johan. Vaughan | |
| Docteur Mowse. |
| Larcheresque de York | Toute eux ensembles, ou quatre des Prelattes et Seigneurs avant ditz appellants auecque eulx Mons. Le Garden du grand-Seal et Le Thesaurarier, et ausi les Serians de la Roigne, quand besoigne sera, et tiendrout leur places en la Chambre du Chambrelain. |
| Le Marquisse de Winchester Thesaurar. de Angleterre. | |
| Le Duc de Norf. Conte Marescalle de Angleterre. | |
| Le Cont de Arundel | |
| Le Cont de Rutland | |
| Le Cont de Bedford | |
| Le Cont de Pembroke | |
| Le Baron Clinton et Saye | |
| Le Grand Admiral de. Angleterre. | |
| Le Baron Rych. |
| Le Marquis de Northampton. | Toute eux ensembles, ou quatre des Prelates et Seigneurs avant-ditz appellants a-vecques eulx les Serjeans de la Roigne, quand il sera besoigne, et tiendrout leur places en le Chambre de Thesaurarier. |
| Le Conte de Shrewsbury. | |
| Le Conte de Sussex. | |
| Le Conte de Huntingdon. | |
| Le Evesque de London. | |
| Le Evesque de Carlisle. | |
| Le Baron Howard d'effingham, Chambrelaine de la Roigne. | |
| Le Baron Stafford. | |
| Le Baron Willoughby. | |
| Le Baron Williams de Thame. | |
| Le Baron North. |
The Knights, Citizens, Burgesses, and Barons of the House of Commons, having Notice about one of the Clock in the Afternoon, (of this foresaid Saturday being the 28th. day of Jan. ) That her Majesty, the Lord Keeper, and divers Lord's, Spiritual and Temporal, were set in the Upper House, expecting their attendance, they repaired immediately thither, with Sir Thomas Gargrave Knight, their Speaker Elect, and being let in as many as conveniently could, the said Sir Thomas Gargrave was led up to the Rail, or Bar, at the lower end of the said House, by two of the most honorable Personages of the House of Commons; where, after three Reverences made to her Majesty, he modestly and submissively excused himself, as being unable to undergo the many and great difficulties of that place: to which, by the Grace of the Queen, and the undeserved favor of the House of Commons, he had been chosen; Alledging withal, that there were many Members in that House more worthy of the honor, and more able to undergo the Charge of that service, than himself; And therefore desired, and humbly advised the Queen's Majesty, to free him from that employment, and to commend to her Knights, Citizens, and Burgesses of the House of Commons, the Choice of some other of their more able Members.
But notwithstanding all these reasons and excuses, according to the usual form, by the said Prolocutor alleged, Sir Nicholas Bacon Knight, Lord Keeper of the Seal, by her Majesty's Commandment, both encouraged him to the Careful undertaking of that Service, and assured him of the Queen's acceptance, and admission of him, by this Oration following.
SIR Thomas Gargrave, the Queen's Majesty doth right well perceive and understand your Comely and Modest manner, in the disabling of yourself for this Office, and room, whereunto her Trusty and Well-beloved Knights and Burgesses have Elected you, and do now presently present you, and therewith also hath heard your Petition and Suit, made with all humbleness and reverence, for your discharge in this matter; for answer whereunto, her Majesty hath commanded me to say unto you, that She herself right well doth understand, that by the Orders and Rules of good Government and Policy, Power and Authority, to receive or refuse any Office of Service in any Common-Wealth, should not be permitted to be in the Arbitriment of him, who is thereunto Orderly called, or appointed, nor that the Judgment and discerning of Ability and disability in service, pertaineth to the person called, but to her Majesty, asdoth right well appear by a Similitude that is old and Common, but neither unapt nor untrue; that is, like as unto the head of a natural body pertaineth the appointment, and as it were the Marshalling of every Member of the same Body to the particular Service, and Office; So to the Head of every Body Politick, be it Emperor, King or less State, belongeth, mediately or immediately derived, the assignment and admitting of every Member of the same body, to his Ministry and Duty, and as the contrary doing in the first, were Monstrous in nature, so surely the contrary doing in the second, were Monstrous in reason. Now her Majesty having this Authority in her, as Head of the Politick Body of this Realm, and therewith being credibly informed of your approved Fidelity, wisdom and discretion, and of the long experience that you have had in Parliament matters, thinketh, that if her Highness should assent to your Desire, it would be prejudicial to her Majesty, and the Common-wealth of the Realm. Besides also, for as much as you have been chosen, and enabled to this Office and place, according to an Ancient and Laudable Order, by so many wise, sage and discreet Knights, and Burgesses, to whose Judgment and opinion, her Highness thinketh it meet and convenient for her to have great regard, and to give much credit; and saith, that for that respect also, her Majesty may not conveniently grant your Petition.
Again, yourself, seeking in humble and reverent manner your own discharge and disablement, have indeed, by well, comely, modest and orderly doing thereof, given no small cause, whereby you are to be enabled; and therefore her Majesty, upon these respects and divers others, doth now presently admit this Election, and presentation made of you, nothing at all doubting, but that you will, with such diligence, faithfulness and circumspection, use and Exercise your Office, as thereby the good hope and expectation, that her Majesty hath received of you, by that she hath heard of others already, shall be by that herself shall see and hear, not only confirmed, but also increased and augmented; And so, as her Highness's Loving Subjects of her Common's House, shall neither have just cause to repent their Election, her Majesty her admission, nor you yourself the assumption, and taking upon you this Charge.
Unto which Speech of the Lord Keepers Sir Thomas Gargrave humbly submitting himself to the undergoing of the Charge and service imposed on him, made a discreet and submissive answer, in which he expressed the great blessedness now accrued to the Realm, and all conditions therein, by her Majesty's attaining the Crown; being a Princess so Richly endued with Piety, Wisdom, Mercy, Justice and tender Care of her people's good and safety, and with all other gifts of mind and body, requisite for the Government of so great a Kingdom.
Then he proceeded to many hearty Prayers, and feeling Expressions of the good success of the Parliament, and for the uniting of their Councils in one Issue, and to the repairing of the many losses, and preventing of many dangers, now imminent over the Realm. And lastly, he came, according to the usual Form, first to desire Liberty of access for the House of Commons to the Queen's Majesty's presence, upon all Urgent and Necessary Occasions. Secondly, that if in anything himself should mistake, or misreport, or over-slip that which should be committed unto him to declare, that it might, without prejudice to the House, be better declared, and that his unwilling Miscarriage therein might be pardoned.
Thirdly, that they might have Liberty and freedom of Speech in whatsoever they Treated of, or had occasion to propound and debate in the House. The fourth, and last, that all the Members of the House, with their Servants and necessary Attendants, might be exempted from all manner of Arrests and Suits, during the continuance of the Parliament, and the usual space, both before the beginning, and after the ending thereof, as in former times hath always been accustomed.
To which Speech of the said Speaker, the Lord Keeper, without any long pausing, replied again in manner and form following.
MR. Speaker, the Queen's Majesty hath heard, and doth very well understand your wise and discreet Oration, full of good meaning, good Will and good Matter: the Effect whereof (as I take it) may be divided into three parts; of those the first containeth the commendation of the Queen's Highness, The Second, certain good wishes and desires of yours, very honorable, profitable and Commodious for the Realm to be followed, and put into Execution. The third, divers Petitions concerning the Exercises of your Office, and the Liberties and Privileges of the Commons House. For the first, the Queen's Majesty giveth you most hearty thanks, as for a good Exhortation made to her Highness, to become such a one as you have commended her for; but not acknowledging those virtues to be in her Highness, Marry, confessing that such as she hath be God's graces. And therewithal, her Highness wisheth, (as she trusteth you all do,) that for England's sake, there were as many virtues in her, as would serve for the good Government of this her Realm, committed to her Royal Charge, and desireth you all, with her, to give God daily thanks for those which she hath, and to make humble Petition to grant such increase of the rest, as to his divine Providence shall be thought for his honor most Meet.
For the Second, her Majesty trusteth, and verily believeth, that those good wishes and desires of yours are so deeply graven, and perfectly imprinted in the hearts of the hearers, that the good success and sequel, that should come thereof, will evidently declare, that you have not in vain spoken them, nor they negligently heard them. For the third and last, you have divided into four Petitions; The first, for your access to the Queen's Highness and her Nobles, for your reports and conference. The Second, that you be born with in anything, if you should in any of your reports be mistaken, or overslipped, and that without prejudice to the House it be better declared. The Third, Liberty of Speech, for well debating of Matters propounded. The Fourth and last, that all the Members of the House and their Servants may have the same freedom from all manner of Suits, as before time they used to have.
To these Petitions, the Queen's Majesty hath commanded me to say unto you, that her Highness is right well contented to grant them unto you, as largely, as amply and as liberally, as ever they were granted by any her Noble Progenitors; and to confirm the same with as great an Authority. Marry, with these Conditions and cautions; first, that your access be void of importunity, and for matters Needful, and in time Convenient. For the Second, that your Diligence and Carefulness be such, (Mr. Speaker,) that the defaults in that part be as rare as may be; whereof her Majesty doubteth little. For the Third, which is for Liberty of Speech, therewith her Highness is right well contented; but so, as they be neither unmindful, or uncareful of their Duties, Reverence and Obedience to their Sovereign. For the last, great heed would be taken, that no evil disposed person seek of purpose that privilege, for the only defrauding of his Creditors, and for the maintenance of injuries and wrongs. These Admonitions being well remembered, her Majesty thinketh all the said Liberties and Privileges well granted. To come to an end, only this I have to put you in mind of, that in the sorting of your things, you observe such Order, that matters of the greatest Moment, and most Material to the State, be chiefly, and first set forth; so as they be not hindered by particular and private Bills to this purpose. That when those great Matters be past, this Assembly may sooner take end, and men be licensed to take their ease; I have said.
The Speaker being thus allowed, he returned to the House of Commons, with the Serjeant of the House bearing the Mace before him; and the Queen's Majesty, and the Lord's rose, and departed.
On Monday the 30th. day of January, were divers Lord's, Spiritual and Temporal present, as is plainly set down in the entrance of the names in the Original Journal Book of the Upper House.
Francis Spilman Esq Clerk of the Upper House, standing at the Table near the lower Woolsack, did there read a certain Bill, written in Paper, and Intituled, An Act for the restitution of the first Fruits, and Tenths, and Rents reserved, Nomine Decimae, and of Parsonages Impropriate to the Imperial Crown of this Realm; and after he had so read it, (which was accounted the first reading thereof,) then he delivered the same kneeling, unto Sir Nicholas Bacon, Knight, Lord Keeper of the Great Seal, together with a Brief of the Bill.
The Lord Keeper read the Title of the Bill, and then reported the effect of the same unto the House out of the Brief, And then concluded with these words, viz. This is the first time of the reading of this Bill.
And there is no mention made in the Original Journal Book of the Upper House, that this Bill was at all spoken unto upon this reading, neither is it indeed usual, although there have not wanted Presidents thereof, prout A. 1. H. 8. 11. Die Parliamenti Billa de actionibus, brought from the Commons Lecta prima vice, & Domini disputando censuerunt reformandum quod Regia Majestas haberet. 3. vel 4 Annos, pars vero contra partem nisi unum Annum. And a Bill hath been rejected upon the first reading, prout Anno 3. Edw. 6. 14. Nova Billa pro jurisdictione Episcoporum Rejected, and a Committee appointed; to draw a new Bill; of which also there want not divers other Presidents in most of the other Journals during her Majesty's Reign: but most true it is, that usually a Bill is seldom rejected till the second reading, for then it is most proper to be spoken unto; and when it hath received either a longer or shorter disputation in the House, then the proceedings eommonly are either to order it to be engrossed, or refer it to Committees, or to reject it; which course holdeth only in Bills that come newly into either House. For if a Bill, having passed one of the two Houses, be sont unto the other, it is never ordered to be engrossed, because it comes from thence ready engrossed in Parchment, and seldom referred to Committees, or rejected; there want not also divers Presidents, when a Bill hath been disputed after the third reading, and sometimes recommitted, and sometimes rejected. Of all which, the Examples and Presidents are so frequent in all the ensuing Journals of this Queen, as also in those foregoing of H. 8. Ed. 6. and Queen Mary, as there is not need to make any large Citation of them: Neither do there want, in their several places, fit and due references, whereby to refer the several Presidents of this nature, contained in one and the same Journal, from one to another. Which things being thus premised and observed, now follow some Animadversions or Presidents, touching the Commission of Bills, and further proceedings in them upon the first reading.
Bills also have been Committed upon the first reading, prout An. 6. H. 8. 14. Feb. recepta est Billa in papyro concernens apparatum, & lecta est prima vice & deliberata Magistro Pigot reformanda.
Anno Primo Ed. 6. 21. Novembris allata est à Communi domo Billa for benefices, Common Preachers and residence, quae prima vice lecta est, & commissa Archiepis. Cantuarien', Episcopo Elien, Episcopo Dunolmen', Episcopo Roffen', Episcopo Lincoln', Marchioni Northampton, Domino St. John, Comiti Arundel, Domino Admirallo & Domino Wentworth, and in A. 5. Edw. 6. 16. Feb. Hodie prima vice lecta est Billa to avoid regrating, forestalling, &c. & commissa est Magistro Hales, Magistro Molineux, Magistro Saunders, & Solicitatori Reginae. And there are very many Presidents that Bills have been committed upon the first reading, in the times of Hen. 8. and Ed. 6. as may appear by the Committees of those times.
The like Presidents are to be found in most of the Journals of her Majesty, prout A. 8. Eliz. Oct. 3. The Bill for the better Executing of Statutes, &c. codem An. 5. Octob. touching Fines and Recoveries, An. 13. Eliz. 20. Aprilis, against fraudulent Conveyances, &c. An. 14. Eliz. 12. Maij, for preservation of Woods, eodem An. & die, for the punishment of Vagabonds; and so in many other Parliaments of this Queen's time, of which (because they are so frequently obvious) it would be unnecessary to make further repetition.
And although there be no mention made in the Original Journal Book of the Upper House, that the Lord's and Members of the same were this day called, yet there is no great doubt to be made thereof; and therefore I have caused it to be inserted, and applied unto this time, in manner and form following.
Francis Spilman the Clerk, did on this third day of the Parliament call every Lord in the House by his Name, that so it might be seen, who were present; beginning with the lowest Baron, and ascending to the highest Peer, where also the Proxies and other Excuses of the absent Lord's, were Registred.
But it may be Collected by the Parliament Rolls Annis 37. 38. 40. 43. 45. 47. & 50. Ed. 3. that the Lord's names were called the first day, and the Commons also in the Upper House before the King's coming, which Order, in respect of the time, is held still with the Commons, whose Names are usually called at this day in the Court of Requests, the first day of the Parliament.
Dominus Custos Magni Sigilli continuavit presens Parliamentum us{que} in diem Crastinum, hora Octava.
On Tuesday, the 31th. day of Jan. the former Bill for the restitution and annexation of the first Fruits and Tenths, to the Imperial Crown of the Queen's Majesty, was read the Second time.
Francis Spilman Esq Clerk of the House, (having read the said Bill for the Restitution and Annexation of the First-fruits, &c. ) standing at the Table, near the nether Woolsack, did then deliver the same without any Brief, Kneeling to the Lord Keeper, who thereupon read the Title thereof to the House, and said, This is the second Reading; and so the Bill was Ordered to be Ingrossed, which is no more, than to Transcribe the Bill sairly out of the Paper, in which it was written, into Parchment. More shall be said, touching the referring of a Bill to Committees, on Friday the third day of March ensuing; where is the first mention of Committing any Bill during this Parliament.
After the second Reading of the aforesaid Bill, there appeareth no other matter in the Original Journal Book of the Upper House, save only the entrance of the continuance of the Parliament by the Lord Keeper.
On Wednesday the first day of February, the Bill for the Recognition of the Queen's Highness'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 Lord's 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 Lord's, if anything were to be altered or reformed in it.
On Saturday, the 4th. day of February, the Bill, for the Recognition of the Queen's Highness'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 engrossed.
The Bill also for the Restitution and Annexation of the First-fruits and Tenths and Rents reserved Nomine Decimae, 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 Majesty's Reign; And therefore I have applied all to this time, although there be nothing thereof expressed, in the Original Journal Book itself 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 engrossed 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 anymore words, and so did all the other Barons in their order, ascending to the Highest.
Then the Bishop of Carlisle, 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 Lord's 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 Lord's who had voted the Affirmative. And then stood up the Archbishop 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 Lord's 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 sat, and made three Congees, and then acquainted Sir Thomas Gargrave the Speaker, that the Lord's 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 Congees.
There are also divers Proxies entered at the beginning 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 offenses be declared Treason, was Read the first time.
The Bill also for the Recognition of the Queen's Highness'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 Friday, the 10th. day of Feb. The Bill, whereby the Queen's Highness is made inheritable to the late Queen Ann her Majesty's Mother, was read prima vice, and after the reading of two other Bills, was read again the second time, and Ordered to be engrossed, 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 rumors, were each of them read the second time, and Ordered to be engrossed.
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 rumors.
Two Bills were brought up to the Lord's 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 〈◊〉 , 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 Congees 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 srom 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 Congees, 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 reserr'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 refer'd to Committees, or Ordered to be engrossed; and the Reason thereof was that this Bill had passed the House of Commons, and was sent up unto the Lord's on Saturday the 10th. day of this instant February foregoing, fairly engrossed in Parchment, and therefore can be no more engrossed: neither do the Lord's 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 reserred to Committees, nor Ordered to be engrossed 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 engrossed 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 Lord's defer the Committing, or ingrossing of any Bill, unto some other time, as sell out in the Bill touching the Commission of Sewers, in A. 13. Regin. Eliz. which was Read secunda vice on Friday 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 procerum assensu conclus.
Custos magni Sigilli continuavit presens Parliamentum us{que} 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 engrossed, 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 Lord's to be respited, and to have longer day for the payment thereof, whereupon it was thought good by the Lord's, 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 Lord's, according to which, and for more Corroboration thereof, it was in her Highness'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 Lord's, 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 Majesty's 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 continuavit presens Parliamentum us{que} in diem Jovis prox' bora 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 Lord's 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 Lord's proceedings at this time, therefore I can only apply the imitation of that President to this present occasion by probability.
The Lord's 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, engrossed 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, showing 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 annex 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 Highness's Mother. But if the Lord's had added any new Proviso to the foresaid Subsidy-Bill, that ought to have been sent down to the House of Commons written in Parchment. ut vid. March 23. Thursday, postea.
On Monday 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 Lord's 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 Highness's Mother, were each of them returned exped'.
The Bill also for the restitution of the Firstfruits and Tenths and Rents reserved Nomine Decimae, 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 Lord's, that an Injunction presently be awarded out of the Chancery to the said John Broxham, his Counselors 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 Trial 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 Friday 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 honor 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 Lord's 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 engrossed, or referred to Committees, because they had been sent from the House of Commons, on the day immediately foregoing.
On the first day of March, the Lord Keeper and divers other Lord's met, but nothing was done save only the Parliament continued, the entrance whereof is thus erroneously set down in the Original Journal Book of the Upper House through the Clerks negligence, viz.
Dominus Cancellarius (mistaken for Custos magni Sigilli) continuavit presens Parliamentum us{que} in diem Crastinum hora nona.
On Thursday the second day of March, the Bill of Recognition of the Queen's Highness's Title to the Imperial Crown of this Realm, the Bill of Subsidy for Tonnage and Poundage, the Bill touching Tanners and Sellers of Tann'd Leather, and the Bill touching Shoemakers and Curriers, were sent up to the Lord's from the House of Commons.
The Bill lastly touching the Duke of Norfolk, and the Bill for the restitution of Robert Rudston, were each of them read the first time.
On Friday the third day of March, the Bill for Treasons (which had been Read the second time on Friday the 10th. day, and the third time on Saturday, the 11th. day of February foregoing, and then sent down to the House of Commons, although it be there omitted, as matter of no great moment; and from them sent back again to their Lordships on Monday, the 27th. day of the same Month, with a request that a Proviso therein contained, might be put out, and another by them inserted) was Committed to the Earl of Sussex, the Bishop of Chichester, the Bishop of Carlisle, the Lord Rich, and the Lord Hastings of Loughborrough, to confer therein with certain of the House of Commons, touching a Proviso to be put into the same; by which the Lord's did express their great desire to keep Correspondency with the House of Commons, who had commended the inserting of the above-mentioned Proviso unto them.
Nota also, that whereas the Judges are, in most of the Journals of her Majesty's Reign, although they be but Attendants of the Upper House, named joint Committees with the Lord's in ordinary Bills, or else are named as Attendants upon them in matters of greatConsequence, yet in the Original Journal Book of the Upper House, A. isto primo Regin. Eliz. there is no mention made of them as joint Committees, or as Attendants upon their said Lordships, save only that on Monday, the 27th. day of February foregoing, a Bill upon the first reading is said to have been Committed to the Lord Chief Justice of the King's Bench, and the Queen's Attorny, which may rather be called a Reference, than a Commitment, as see on Saturday the 4th. day of February preceding; and therefore that they are not at all named with the Committees of the Lord's (in all the aforesaid Journal Books) may doubtless be conceived to have happened through the Clerk's negligence: For in the very next ensuing Session of Parliament in An. 5. Regin. Eliz. they are seldom omitted, prout on Tuesday the 26th. day of January, on Saturday, the 30th. day of the same Month, as also on Saturday, the 20th. day of March then next following.
The Bill for Restitution of Robert Rudston, was read secunda vice, and again tertia vice, & conclusa.
The Bill also to revive a Statute made A. 23. H. 8. against the Conveyance of Horses, Geldings and Mares into Scotland, was read tertia vice, & conclusa, and the Bill touching the Duke of Norfolk, was read secunda vice & Commiss' ad ingrossandum.
Six Bills were brought up to the Lord's from the House of Commons, of which the first being for the restitution in blood of the Lord John Grey; the second for restitution in blood of Sir J. Gates Knight, and the third for restitution in blood of Sir James Croft Knight, were each of them returned conclus', the fourth was touching the changing of Gavelkind Land of the Lands of Thomas Brown, and George Brown, the fifth for the Incorporation of Trinity College n. Cambridge, and the last for assurance of Lands to the Lord Wentworth, the Lord Rich, and the Lord Darcy.
On Saturday the fourth day of March, the Bill to change the nature of Gavelkind Land, of the Lands of Thomas Brown and George Brown, was read the first time.
The Bill touching Tanners and Sellers of Tanned Leather, was read the first time, and the Bill for Shoemakers and Curriers, was read the second time, and both of them Committed to the Duke of Norfolk, the Earl of Shrewsbury, the Bishop of London, the Bishop of Carlisle, the Lord Rich, and the Lord Willoughby.
Dominus Thesaurar' continuavit presens Parliamentum us{que} in diem Lunae prox' hora nona.
Nota, That that there appeareth no Commission, or other Authority, in the Original Journal Book of the Upper House, by which the Lord Treasurer supplied the Lord Keeper's place: but most probable it is, that either the Commission itself is negligently omitted by Francis Spilman Esq at this time Clerk of the said House, or else that the said Lord Treasurer did continue it only upon her Majesty's Verbal Authority and Command, as did the Lord Treasurer in the like Case, in the Session of Parliament, A. 18. Regin. Eliz. on Saturday, the third day of March.
On Monday the 6th. of March, the Bill for the Ratification of the Marriage between the Duke of Norfolk, and the Lady Margaret now his Wife, and for the assurance of certain Lands for her Jointure, was read tertia vice & conclusa.
The Bill also for the restitution in blood of Harry Howard, &c. younger Brother to the Duke of Norfolk, was read prima vice.
The Bill also for the Explanation of the restitution of the Lord Cardinal Pool was committed to the Archbishop of York, the Duke of Norfolk, the Earl of Rutland, the Bishop of Carlisle, the Lord Rich, the Lord Willoughby, and the Lord Hastings of Loughborough: but no mention is made of the reading thereof, which was doubtless omitted through the great Negligence of Francis Spilman Esq Clerk of the Upper House, for this Bill was read prima vice on Monday the 27th. of February foregoing, and was Committed to the Lord Chief Justice of the King's Bench and the Queen's Attorny, to consider of it, as is probable, and to make report thereof, unto the Lord's, which being done this day, and the Bill thereupon, as may likewise be gathered, read the second time, it was Committed to the Lord's abovenamed, and on the morrow following it was read tertia vice, and Passed the House, and on Wednesday the 8th. of this instant March following was sent down to the House of Commons by Mr. Louis, and Mr. Vaughan.
On Tuesday the 7th. day of March, the Bill for the explanation of the Repeal of the Attainder of the late Lord Cardinal Pool, was read tertia vice & conclusa.
The Bill also for the assurance of Lands to the Lord Wentworth, the Lord Rich, and the Lord Darcy, and the Bill for the Incorporation of Trinity-Hall in Cambridge, were each of them read, prima vice.
The Bill lastly for explaining the Statute made against ingrossing of Dead Victuals, and the Bill that Gerson Wroth born in Germany, shall be reputed the Queen's natural born Subject, were sent up to the Lord's from the House of Commons.
On Wednesday the 8th. day of March, the Bill for the explanation of the Statute against ingrossing of Dead Victuals, and the Bill for the true Answering of the Queen's Majesty's Revenues, were each of them read prima vice.
Four other Bills also of no great moment, had each of them one reading; of which one being the Bill for the changing of the nature of Gavelkind Lands of Thomas Brown and George Brown, and another, for the assurance of Lands to the Lord Wentworth, the Lord Rich, and the Lord Darcy, were each of them read secunda vice; but no mention made, that they were either Ordered to be engrossed, or refer'd to Committees, because they had been sent from the House of Commons on the day next foregoing.
The Bill touching the Duke of Norfolk, and that concerning Cardinal Pool, were sent to the House of Commons by Mr. Lewis, & Mr. Vaughan.
On Thursday the 9th. of March, the Bill for the assurance of certain Lands to the Lord Wentworth, the Lord Rich, and the Lord Darcy de Chiche, was read tertia vice & conclusa, dissentientibus Episcopo London, Meneven' & Abbot' de Westm', the Bill for Gerson Wroth was read tertia vice & conclusa, and the Bill for exchange of the nature of Gavelkind Lands of the two Browns, was read also tertia vice, & conclusa, dissentient' Duce Norfolciae. Quatuor Comitibus, & tribus Baronibus.
The Bill lastly for the true Answering of the Queen's Majesty's Revenues was read secunda vice, & Commissa ad ingrossand.
On Friday the 10th. day of March, the Bill for the Incorporation of Trinity-Hall in Cambridge, and the Bill for the true Answering of the Queen's Majesty's Revenue, were, each of them read, tertia vice, & conclusa, and sent down to the House of Commons.
The Bill lastly for the explanation of the Statute against ingrossing of Dead Victuals, was read secunda vice, but no mention is made, that it was either refer'd to Committees, or Ordered to be engrossed, because it had been sent from the House of Commons Tuesday the 7th. day of this instant March foregoing. v. a like Commitment on Monday 13th. day of Feb. foregoing.
On Saturday the 11th. day of March a Proviso to be annexed to the Bill of Treason, was read prima & secunda vice, & commissa ad ingrossand.
On Monday the 13th. day of March a Proviso to be annexed to the Bill of Treasons, was read tertia vice & communi omnium procerum assensu conclusa.
A Bill containing certain Provisoes to be annexed to the Bill of First-fruits and Tenths, was read secunda vice & commissa ad ingrossand.
The Bill lastly for the restoring of the Supremacy of the Imperial Crown of this Realm, and repealing divers Statutes made to the contrary, was read the second time, and Committed unto the Marquess of Winchester, the Lord Treasurer of England, the Duke of Norfolk, the Earl of Westmorland, the Earl of Shewsbury, the Earl of Rutland, the Earl of Sussex, the Earl of Pembrook, Viscount Montague, the Bishop of Exeter, the Bishop of Carlisle, the Lord Clinton Admiral, the Lord Morley, the Lord Rich, the Lord Willoughby, and the Lord North.
On Wednesday the 15th. day of March, a Bill containing six Provisoes to be annexed to the Bill of First-fruits and Tenths, was read tertia vice, & conclusa, Dissentientibus Archiepiscopo Eboracen', Episcopo Winton', Episcopo Wigorn', Episcop' Landaven', Episcop' Coven', Episcop' Exon', Episcopo Cestren', Episcopo Carliolen', ac Abbot' de Westm.
Nota, that the Bill having Passed the Upper House before, on the 4th. day of January last past, was then opposed by all the Spiritual Lord's there present, as now also upon the passing of those Provisoes and Amendments which had been added unto it, in the House of Commons: amongst which Spiritual Lord's, the Abbot of Westminster did yet sit in Parliament, and gave his free voice; by which manner of alteration of the Form of Ecclesiastical Government, we may observe, with what mildness and wisdom, this pious Princess Queen Elizabeth, took it in hand, far differing from those furious and bloody Enterprizes and Confusions, practiced in the Reign of her Sister Mary: and it is to be noted, that this Abbot of Westm', with five other Abbots, and Abbesses were all, who were at this time lest in England, and were deprived of their Promotions at the end of the Parliament, with fourteen Popish Bishops, amongst which were all these here named, (except the Bishop of Landaffe in An. Dom. 1559.) and others were Consecrated in the places of the said Bishops, where it is further to be noted, that of 9400 Ecclesiastical persons, settled in their several Promotions, but 177 left their Livings to continue in their Romish Idolatry.
A Bill being agreed upon by the Lord's to be annexed to the Bill of Supremacy, was read 1 a. vice.
On Thursday the 16th. day of March, to which day the Parliament had been first continued, nothing was done, save only the continuance of Parliament by the Lord Keeper, us{que} in diem Crastinum hora nona.
On Friday the 17th. day of March, the Bill for certain Provisoes and Amendments to be put in the Bill of Supremacy, was read the second time, & commissa ad ingrossand.
On Saturday the 18th. day of March, the Bill for the restoring of the Supremacy to the Imperial Crown of this Realm, and repealing divers Acts of Parliament made to the contrary, with certain Provisoes added thereunto by the Lord's, and sundry other Amendments, was read the third time, & conclus' dissentientibus Archiepiscopo Eboracen', Comite Salop, Vicecomite Monutacuto Episcopo London', Episcopo Winton', Episcopo Wigorn', Episcopo Landaven', Episcopo Coven', Episcopo Exon', Episcopo Cestren', Episcopo Carliol', & Abbas de Westm', Et predicta Billa est Commissa Attornato & Solicitatori Reginae in Domum Communem deferend.
Here also we may still note the great Lenity and mercy of this great Queen, who suffered so many Heretical, and obstinately Popish Bishops to hold their Sees, to have free voices in Parliament, besides the Abbot of Westm', who all thus opposed the just power and Authority, which the Princes of this Realm have, under God himself, within their Dominions; and which our Ancient Kings, under the darkest times of Popery, did easily discern, and not improbably aim at, as we may see frequently specified in the Ancient and most Authentic Records of this Kingdom, viz.
Rotulorum Patentium a. 3. Regis Johannes numero 8. & 28. Rot. Pat. a. 5. Reg. Joh. num. 15. Rot. Pat. a. 10. Reg. Joh. num. 3, ubi continetur salvus conductus pro Simone de Langeton Romanae sedis Cardinale, ad tractand' cum certis Episcopis modo cum applicuerit securitatem faciat quod in hoc adventu suo malum Regi vel regno suo non quaerent.
Rot. Pat. a. 22. H. 3. num. 2. & num. 3. Rot. Pat. a. 25. H. 3. num. 2. & num. 5. Rot. Pat. a. 28. H. 3. num. 6. Rot. Pat. a. 33. H. 3. num. 4. Rot. Pat. a. 34. H. 3. indors. num. 1. Rot. Pat. a. 39. H. 3. indors. num. 14. Rot. Pat. a. 42. H. 3. num. 35. Rot. Pat. a. 45. H. 3. num. 27. Rot. Pat. a. 48. H. 3. num. 31. Rot. Pat. a. 51. H. 3. num. 27.
Rot. Pat. a. 8. E. primi 3 & Rot. Pat. a. 9. E. 1. 2 in quibus continentur inhibitiones & aliae literae Regis missae Joh. Archiepiscopo Cantuariensi, ac clero Angliae in consiliis apud London & Lambeth convocatis, ne quid in eisdem attentarent in praejudicium Regis Coronae aut dignitatis suae Rot. Pat. a. 31. E. 1. 7. Rot. Romae a. 34. & 35. E. 1. 4. 8. & 9, rot. pat. a. 35. E. 1. 3. Rot. Scotiae a. 23. & 24. E. 1. 6.
Rot. Romae a. 1. 2. & 3. E. 2. 5. 20. 22, 24, 25. & 27. Rot. Romae a. 4. 5, 6, 7, 8, 9, & 10. E. 2. 14. 15. indors. ejusdem Rotuli 1. Rot. Romae a. 11. 12, 13, & 14. E. 2. 1. & indors' ejusdem Rotuli: 2. Rot. Romae a. 15, 16, 17, & 18. E. 2. 23. 24. & 30. Rot. Pat. a. 3. E. 2. in Scedula & 11. & 17. ibid. Rot. Pat. a. 11. E. 2. parte secunda, Rot. Pat. a. 15. E. 2. parte prima Rot. Pat. a. 16. E. 2. parte prima sub initio Rotuli Rot. Pat. a. 19. E. 2. parte prima.
Rot. Romae a. 1. E. 3. 5. 6. & 8. Rot. Rom. a. 4. E. 3. 2. & 6. Rot. Romae a. 7. & a. 8. E. 3. 6. & 9. Rot. Romae a. 9. & a. 10. E. 3. 3. 4. & 14. Rot. Romae a. 19 E. 3. 3. Rot. Romae a. 17. E. 3. 1. 3. & 6. Rot. Romae a. 20. E. 3. 1. 3.
Rot. Franciae a. 17. E. 3. 6. & a. 28. E. 3. 2. Ubi memorabile hoc continetur, quod Rex E. 3. Misit quam plures Nobiles ad tractandum de pace cum Rege Franciae coram Papa non ut coram Judice, sed ut privata persona, & tractatore & mediatore communi non in forma nec figura Ju dicij sed extrajudicialiter & amicabiliter.
Rot. Pat. a. 2. E. 3. parte secunda, Rot. Pat. a. 3. E. 3. parte prima, Rot. Pat. a. 3. E. 3. parte secunda Rot. Pat. a. 4. E. 3. parte prima, Rot. Pat. a. 7. E. 3. parte prima, Rot. Pat. a. 8. E. 3. parte prima, Rot. Pat. a. 11. E. 3. parte tertia, Rot. Pat. a. 12. E. 3. parte prima, Rot. Pat. a. 10. E. 3. parte prima, Rot. Pat. a. 14. E. 3. parte tertia, Rot. Pat. a. 15. E. 3. parte prima & secunda, Rot. Pat. a. 16. E. 3. parte prima, Rot. Pat. a. 15. E. 3. parte tertia bis, Rot. Pat. a. 16. E. 3. parte secunda bis, & parte tertia, Rot. Pat. a. 17. E. 3. parte prima & tertia, Rot. Pat. a. 18. E. 3. parte secunda tertia & indors. Rot. Pat. a. 19. E. 3. parte prima & indors. bis, Rot. Pat. a. 19. E. 3. parte secunda, Rot. Pat. a. 19. E. 3. parte tertia & indors', Rot. Pat. a. 20. E. 3. parte prima sub initio Rotuli & indors', rot. pat. 21. E. 3. parte prima et secunda, rot. pat. a. 23. E. 3. parte prima et indors', rot. pat. a. 24. E. 3. parte prima, secunda et tertia indors', rot. pat. a. 25. E. 3. parte prima, secunda et tertia, et indors', rot. pat. a. 26. E. 3. parte prima indors', parte secunda et tertia indors', rot. pat. a. 27. E. 3. parte tertia indors', rot. pat. a. 28. E. 3. parte secunda indors', rot. pat. a. 29. E. 3. parte tertia indors' saepe, rot. pat. a. 3. E. 3. parte prima ibid. et parte secunda indors', rot. pat. a. 31. E. 3. parte secunda et tertia indors', rot. pat. a. 32. E. 3. parte prima indors. et ibid. parte tertia indors', rot. pat. a. 35. E. 3. parte prima indors', rot. pat. a. 34. E. 3. parte prima indors', rot. pat. a. 36. E. 3. parte prima et secunda indors', rot. pat. a. 37. E. 3. parte prima indors' et parte secunda et tertia indors', rot. pat. a. 38. E. 3. parte prima indors', rot. pat. a. 39. E. 3. parte secunda indors', rot. pat. a. 40. E. 3. parte prima indors', rot. pat. a. 41. E. 3. parte prima et parte secunda indors', rot. pat. a. 42. E. 3. parte secunda, rot. pat. a. 43. E. 3. parte secunda indors', rot. pat. a. 44. E. 3. parte prima et secunda indors', rot. pat. a. 45. E. 3. parte secunda et parte prima tertia, rot. pat. a. 47. E. 3. parte prima et secunda indors' bis, rot. pat. a. 48. E. 3. parte prima et secunda indors', rot. pat. a. 49. E. 3. parte prima et indors', rot. pat. a. 5. E. 3. parte prima indors', et rot. pat. a. 51. E. 3. circa mediam partem Rotuli & indors.
Rot. Pat. a. 1. R. 2. parte prima indors', rot. pat. a. 2. R. 2. parte 1. et 2, rot. pat. a. 3. R. 2. parte prima indors. in quo Rotulo apparet, quod Rex R. 2. in die Coronationis suae juratus fuit ad prosequendum omnes Provisores Curiae Romanae contra leges et Statuta Edita. Rot. Pat. a. 3. R. 2. parte secunda indors', rot. pat. a. 4. R. 2. parte prima indors', rot. pat. a. 6. R. 2. parte prima indors', rot. pat. a. 7. R. 2. parte prima indors', rot. pat. a. 8. R. 2. parte prima indors', rot. pat. a. 9. R. 2. parte prima indors', & parte secunda indors', rot. pat. a. de A. 10. R. 2. parte prima & parte secunda indors', rot. pat. a. 11. R. 2. parte prima indors.
Rot. Pat. A. 12. R. 2. parte prima Indors. Rot. Pat. A. 13. R. 2. parte prima & tertia Indors. Rot. Pat. A. 14. R. 2. parte prima & parte secunda, Indors. Rot. Pat. A. 16. R. 2. parte tertia Indors. Rot. Pat. A 17. R. 2. parte prima.
Ubi apparet, quod collector Calverae Apostolicae in Hibernia Sacramentum suscepit quod totaliter evertebat Primatum Papae infra Regnum Angliae attribuendo prerogativam ac summam potestatem Regi Domino suo. Rot. Pat. A. 18. R. 2. parte secunda continentur haec verba, directa ad Provinciales Ordinis de Monte Carmeli attendants, quod vos ad executionem Bullarum praedictarum seu aliquarum contentarum in eisdem aliqua vi vel authoritate earundem infra Regnum nostrum praedictum abs{que} licentia & authoritate nostra specially procedere non potestis, nec debetis. Rot. Pat. an. 19 R. 2. part. prima & secunda, in dors. Rot. Pat. an. 20 R. 2. part. 3. In quo continetur, quod Universitas Oxford. non patiatur Bullas Papales ibidem exerceri sub amissione libertatum suarum. Rot. Pat. an. 21 R. 2. part. 1.
There is also in Rot. Pat. an. 3 R. 2. part. 1. this rare President of the Kings denying the Pope certain profits he claimed in England, in quo patet, quod cum Urbanus Papa exigebat primos fructus omnium Francorum Cardinalium habentium dignitates infra Angliam ut ad se pertinentes, eo quod ipsi fuerunt sui adversarii, Rex non cognoscens ca vera esse sed clamans ea ad se pertinere jure regio, ex gratia sua tamen specially in relevationem indigentiae Papae concessit dicto Papae duas Partes dictorum primorum fructuum it à quod tertia pars corundem per dispositionem Regis sit in reparationem Domorum hujusmodi Cardinalium, &c. There are also three other excellent Presidents to this purpose in the same Kings Reign, viz. Rot. Pat. an. 4 R. 2. part. 2. & Rot. Pat. an. 6 R. 2. part. 2. bis.
These matters being thus faithfully and undeniably vouched out of the Records, or other Authority, touching the ancient Rights and Prerogatives of the Crown of England, against the unjust Usurpations and encroachments of the Bishop of Rome, which said Rights, her Majesty did, by this foregoing Act that passed this day, as aforesaid, seek to have restored and reunited to her Royal Authority; Now follows the continuance of the Parliament, erroneously entered through the neglect of the Clerk in these words, viz. Dominus Custos magni Sigilli continuavit praesens Parliamentum us{que} ad diem crastinum (mistaken for diem Lunae proximum) hora nona.
The same day were entered divers Proxies.
On Monday the 20 th day of March, 14. Bills were brought up to the Lord's from the House of Commons; viz. The Bill for the restitution in blood of Rudston Esq. The Bill for repeal of the Attainder of the late Cardinal Poole. The Bill for the Incorporation of Trinity-Hall in Cambridge. A Bill for seditious words and rumors. The Bill whereby certain offenses be made Treason. The Bill to take away all pains and penalties made for Religion in Queen Mary's time. The Bill for the assurance of Lands, late parcel of the Bishopric of Winchester, to divers Patentees of King Ed. 6. The Bill to revive a Fair at Lynn Regis in Norfolk; which three last mentioned Bills were each of them read prima voice. The Bill to make a Chapel in Caermarthenshire to be a Parish Church. The Bill to restore in Blood the Sons and Daughters of Ed. Lewkenor Esq. The Bill touching the Marriage of the Duke of Norfolk. The Bill for making Ecclesiastical Laws by 32. persons. The Bill for the Assizes and Sessions to be kept at Stafford. And the Bill for the allowance of Sheriffs upon their Accounts.
On Tuesday the 21 th day of March, A Proviso and certain amendments annex I by the Commons to the Duke of Norfolks Bill were read.
Four Bills also of no great moment, had each of them one reading; of which the first, being the Bill to revive a Fair at Lynn Regis, was read the second time, but no mention is made that it was either Ordered to be engrossed, or refer'd to Committees, because it had been sent from the Commons Yesterday.
Dominus Custos magni Sigilli continuavit praesens Parliamentum us{que} in horam secundam post meridiem.
About which hour, the Lord Keeper and divers other Lord's being set, the Bill for ratification of the marriage between the Duke of Norfolk and the Lady Margaret now his Wise, and for the assurance of certain Lands for her Jointure, with a new Proviso added by the Commons, conclusa est, being read tertia vice, dissentientibus Archiepiscopo Eboracen. Episcopis Londin. Winton. Landaven, Cestren. Carleol. & Abbate de Westm.
The Bill for restitution in blood of the Sons and Daughters of Ed. Lewkenor Esq was read prima, secunda & tertia vice, & conclus. Quod nota, That this Bill was read thrice at one time.
The Bill for the making of a Chapel in Caermarthenshire to be a Parish Church; The Bill that the Queens Highness may make Ordinances and Rules in Collegiate Churches, Corporations, and Schools; The Bill for Assizes and Sessions to be kept in the Town of Stafford, And the Bill for the assurance of Lands, parcel of the Bishopric of Winchester, to divers Patentees of King Edm. the Sixth, were each of them read the second time, but no mention is made that they were either ordered to be engrossed, or refer'd to Committees; because they had been sent from the House of Commons on the two days foregoing. Vide consimilit. on Wednesday the 15 th day of February foregoing.
On Wednesday the 22 th day of March, six Bills of no great moment had each of them one reading, and the Bill for the Assurance of Lands, late parcel of the Bishopric of Winchester, to divers Patentees of King Ed. VI. being the 6 th , was read tertia vice, & conclusa, dissentientibus Archiepiscopo Eboracen. Marchion. Winton. Episcopis Londin. Winton. Wigorn. Landaven. Coven. Exon. Cestren. Carleol. & Dominis Stafford, Dadley, & North, & Abbate de Westm.
The Bill for restitution of the first-Fruits, and Tenths, and Rents reserved, Nomine Decimae, and of Parsonages Impropriate to the Imperial Crown of this Realm, was returned from the House of Commons conclus.
The Bill for restoring the Supremacy to the Imperial Crown of this Realm, and for repeal of divers Acts of Parliament made to the contrary, with a new Proviso annexed by the Commons, was read prima, secunda & tertia vice, & conclusa, dissentientibus Archiepiscopo Eboracen. Episcopis Londin. Winton. Landaven. Coven. Exon. Cestren. Carleol. & Abbate de Westmonast.
Here also we may note the perverse obstinacy of these Popish Clergy-men, who having before opposed in vain the passing of the Bill on Saturday the 18 th day of this Instant March foregoing, do here likewise do their uttermost to stop even the Proviso which was added unto it by the House of Commons: And yet how just and equal this Bill was, see my Animadversion upon the said 18 th day of March, when the said Bill passed
The Bill to continue the Act last made against Rebellious Assemblies, was committed to the Earl of Sussex, the Earl of Bedford, the Lord Rich, and the Lord North.
The Bill lastly, for Admitting and Consecrating of Archbishops and Bishops, and concerning Tanners and selling of Tann'd Leather, were each of them read prima vice.
Four Bills were brought up to the Lord's from the House of Commons, of which the first was the Bill for the reviving of a Statute made an. 23 Hen. 8. touching the conveying of Horses, Geldings, and Mares, into Scotland. The second, that carrying of Leather, Tallow, or Raw Hides, out of the Realm for Merchandize, should be Felony, was read, prima & secunda vice. The third touching Leases to be made by spiritual persons, was read prima vice. And the last for revoking divers Licenses granted for divers things, prohibited by the Law of the Realm.
The Bill for Admitting and Consecrating of Archbishops, was read secunda vice; but no mention is made, that it was either Ordered to be engrossed or refer'd to Committees, because it had been sent from the House of Commons.
The Bill lastly for the Assizes to be holden in the Town of Stafford, was delivered to the Queen's Attorney, and Solicitor, to be carried into the House of Commons.
On Thursday the Bill for the Assizes to be holden in the Town of Stafford, was returned from the House of Commons, & concluja.
The Bill touching Tanners, and selling of Tann'd Leather, was read tertia vice, & conclusa, with certain amendments to be put to it; after which it was delivered to the Queen's Attorney and Solicitor, in Domum Communem deferenda. Et postea introduct. à Domo Communi conclus.
The Bill for the Admitting and Consecrating of Archbishops and Bishops, was read tertia vice, & conclus. And the Bill, that carrying Leather, Tallow, or Raw Hides, out of the Realm shall be Felony, was read tertia vice, & conclus. dissentiente Domino Lumley.
The Bill touching Leases to be made by Spiritual persons, was read secunda vice.
The Bill lastly, for the Explanation of the Statute against the Ingrossing of dead Victuals, with a Proviso added thereunto by the Lord's, was read tertia vice, & conclusa, and sent by the Queen's Attorney and Solicitor to the House of Commons.
In which Bills sending down, because both the manner of writing the said Proviso, and the subscription of the Lord's under it, do differ from all ordinary proceedings if the Bill had passed the Upper House without a Proviso, therefore I have caused the whole manner and form thereof to be added to a like president in the Original Journal-Book of the House of Commons, an. 39 & 40 Regin. Eliz. Decemb. the 20 th Tuesday, although there be no mention thereof made in the Original Journal-Book of the Upper House on this aforesaid present Thursday, the 23 th day of March; but because it is difficult to conjecture the express manner of the Lord's Proceedings at this time, therefore I can only apply the imitation of that president to this present occasion by probability.
The Lord's having added a Proviso to the Bill for Explanation of the Statute against the ingrossing of Dead Victuals, which had formerly passed the House of Commons, and been sent up from thence to their Lordships, engrossed in Parchment, on Tuesday the 7 th day of this Instant March foregoing, and so remained still the Bill of the same House, did cause the said Proviso to be written in Parchment, and annexed it to the Bill showing the line and the place of the line where the Proviso should be put in, and then their Lordships subscribed, or endorsed under the superscription or indorsement of the House of Commons in the same Bill, à ceste Bille avec{que} une provision annex les Seigneurs sont assentus. And so the Bill was delivered to the Queens Attorney and Solicitor as aforesaid, to be carried to the House of Commons. But if the Lord's had added any amendments to the foresaid Bill, those ought to have been sent down to the House of Commons written in Paper. Ut vide, on Thursday the 16. day of February foregoing.
The Parliament continued and nothing done, till Tuesday the 4. day of April, and then the Bill (that the Queens Majesty, upon the avoidance of any Arch-Bishopric, or Bishopric, may exchange the temporal possessions thereof with Parsonages impropriate, &c. ) was read the first time.
And then the Parliament continued till the next day at nine of the Clock, on which day were several Proxies, both ordinary and extraordinary, entered.
On Wednesday the 5. day of April, the Bill for Leases to be made by spiritual persons was committed to the Duke of Norfolk, the Earl of Rutland, the Bishop of Carlisse, the Lord Rich, the Lord North, the Lord Hastings de Loughborrow, and the Abbot of Westminster.
Nota, that this Bill had its second reading on Thursday, the 23. of March foregoing, and was not committed until this day, of which there want not other Presidents during her Majesty's Reign; as on Monday the 13. day of February foregoing, and on Thursday the 6. day of this Instant April ensuing.
The Bill whereby the Queens Majesty, upon avoidance of any Arch-Bishopric or Bishopric, may resume the temporal possessions thereof into her hands, recompensing the value thereof with Parsonages impropriate, &c. was read the second time.
And then the Parliament continued till Thursday the 6. day of April, on which day the Bill, whereby the Queens Majesty, upon the avoidance of any Archbishopric, may resume the Temporalties thereof, recompensing the just value thereof with Parsonages impropriate, &c. was Order'd to be engrossed.
Nota, This Bill was read the second time yesterday, and was not Ordered to be engrossed until this day; of which nature there want not other Presidents during her Majesty's Reign, where a Bill being read, secunda vice, on one day, was refer'd to Committees on another ensuing; Prout vide, on April the 5. immediately foregoing: But at this day, it is the constant rule and observation of the Upper House, that no Bill be either Ordered to be engrossed, or refer'd to Committees, but upon that very day on which it is read.
And then the Parliament continued till next day at nine of the Clock. The Bill giving Authority to the Queens Highness, upon the avoidance of any Arch-Bishopric or Bishopric, to take into her hands the temporal possessions thereof, recompensing the same with Parsonages impropriate, was read tertia vice, & conclusa, dissentientibus Archiepiscopo Ehoracen. Episcopis Londin. Wigorn. Coven. Exon. Cestren. Carleol. & Abbot. de Westm. And it was delivered to the Queens Solicitor and Mr. Vaughan, to be carried to the House of Commons.
And then the Parliament by several continuances continued, and nothing done till Friday the 14. day of April, on which day four Bills were brought up to the Lord's from the House of Commons; of which the first, being the Bill against the deceitful using of Linnen; the second that Craftsmen in Kent and Sussex shall inhabit in Towns near the Sea-Coasts; and the third, being to revive the Act of Parliament made Anno 5 Ed. 6. for keeping of Holydays and Fasting-days, were each of them read prima vice. And the fourth and last, was the Bill for restoring to the Crown the Ancient Jurisdiction over the State Ecclesiastical and Spiritual, and abolishing all Foreign Power repugnant to the same; vid. touching this Bill on Saturday the 29 day of this Instant April ensuing.
And then the Parliament continued till next day at nine of the Clock. And the Bill against deceitful using of Linnen-Cloth, The Bill that Craftsmen in Kent and Sussex shall inhabit near the Sea Coasts, And the Bill to revive the Act of Parliament made An. 5 Ed. 6. for keeping of Holydays and Fasting-days, were each of them read secunda vice: but no mention is made that they were Ordered to be engrossed, or refer'd to Committees, because they had been sent from the House of Commons on yesterday foregoing.
The Bill lastly restoring the Ancient Jurisdiction over the State Ecclesiastical and Spiritual, to the Crown, and abolishing all Foreign Power repugnant to the same, was read prima vice; vide touching this Bill on Saturday the 29. day of this Instant April ensuing.
The Parliament continued till Monday the 17. of April: And then the Bill against the deceitful using of Linnen-Cloth, was read tertia vice, & conclusa, dissentiente Com. Arundel. And the Bill for the restitution in blood of Henry Howard and Katherine Wise unto the Lord Berkeley, & communi omnium Procerum assensu suit conclusa.
The Bill that Craftsmen in Kent and Sussex shall inhabit in Towns near the Sea-Coasts, was read tertia vice, & rejecta.
The Bill lastly, for restoring to the Crown the Ancient Jurisdiction over the State Ecclesiastical and Spiritual, and abolishing of Foreign Power repugnant to the same, was read secunda vice; & commissa Duci Norfolc. Comiti Arundel, Comiti Salop, Comiti Wigorn. Comiti Rutland, Comiti Sussex, Comiti Bedford, Vicecomiti Mountacute, Episcopo Londin. Episcopo Elien. Episcopo Carleol. & Domino Admirallo & Camerario, ac Domino Rich, Domino Hastings de Loughborrow, ac Domino St. John de Blestoe; vide concerning this Bill on Saturday, the 29. day of this Instant April ensuing.
The Parliament by several continuances continued till Tuesday the 25. day of April at nine of the Clock in the Morning; and then nine Bills were brought up to the Lord's from the House of Commons; of which the second was the Bill for Shipping in English Bottoms, and the third and fourth, touching Frizes, called Pagaments, and concerning the buying and selling of Horses within a certain time, were each of them read prima vice. The fifth was touching the Uniformity of Common-Prayer, and Service in the Church, and Administration of the Sacraments: The sixth was, touching Hexam and Hexamshire in the County of Northumberland. The seventh, to revive an Act made for killing of Rookes and Crowes. The eighth was to make good Leases, Grants of Offices, and Copyholds, made by Nicholas Ridley, late Bishop of London. And the ninth and last being for preservation of Spawn and Fry of Fish, was read the first time.
A Proviso to be annexed to the Bill for the Supremacy, was read prima & secunda vice, & commissa ad ingrossandum; vide touching the said Bill, and Proviso, on Saturday the 29. day of this Instant April ensuing.
The Bill for the restitution of Gregory Fynes, was read prima, secunda & tertia vice, & communi omnium Procerum assensu conclusa; and it was then presently delivered to Sir Richard Read and the Clerk of the Crown, to be carried down to the House of Commons. Quod nota.
The Parliament continued till Wednesday the 26 th Day of April. And then the Bill for Shipping in English Bottoms, and the Bill to make good Leases, Grants of Offices, and Copyhold Lands, made by Nicholas Ridley, late Bishop of London, were each of them read Prima vice.
The Bill restoring to the Crown the Ancient Jurisdiction over the State Ecclesiastical and Spiritual, and abolishing all Foreign Power repugnant to the same, with a Proviso added thereunto by the Lord's, were read tertia vice, & conclus. dissentientibus Archiepiscopo Eboracen. Vicecomite Montague, Episcopo Londin. Episcopo Elien Episcopo Wigorn. Episcopo Landaven. Episcopo Coven. Episcopo Oxford. Episcopo Cestren. Episcopo Carlcolen. ac Abbate de Westminster, & commissae Magistro Weston servienti ad Legem, & Attornato Dominae Reginae ad Communes deferend.
Nota, That all these Bishops, except the Bishop of Eli, did oppose the passing of a former Bill, much to this effect and purpose, on Saturday the 18. day of March foregoing; although with as little success to hinder the passing of the Bill then, as now; and yet how little reason these Popish Bishops had, thus stiffly and obstinately to resist the passing of this Bill, doth fully appear by my Animadversion, which I have caused to be entered at large, Quam vide in dicto 18. die Martii; vide also, how these two Bills happened to pass both the Houses, to one and the same purpose, in another of my Animadversions, which I have caused to be inserted on Saturday the 29. day of this Instant April ensuing.
The Bill lastly for the Uniformity of Common Prayer, and Service in the Church, and Administration of the Sacraments, was read prima vice.
And then the Parliament continued till two of the Clock in the Afternoon of the same day; about which hour in the Afternoon, the Lord Keeper, and divers other Lord's meeting, six Bills of no great moment, had each of them one reading, of which the second being the Bill for Shipping in