The Journals of Parliaments
The Bill that Recusants shall not have Armor, Weapons or shot in their Custody, was upon the second reading committed unto all the Privy Council, Sir Henry Cock, Sir John Higham, M r Attorney of the Wards and others, who were appointed to meet tomorrow in the Afternoon in the Exchequer.
The Bill for the maintenance of Forts, Bulwarks, &c. near to the Town of Southampton had its second reading, and was rejected upon the question.
Post Meridiem.
Five Bills of no great moment had each of them one reading; whereof the second being a new Bill for the true answering of Tythes had its first reading; and the third being the Bill for the establishment of an Award made between the Lord Rich and Sir Tho. Barrington Knight was read the third time, and committed unto M r Audeley, M r Atie, M r Wiseman and M r Grafton, who were appointed to meet tomorrow Morning in the Exchequer Court.
On Wednesday the 17 th day of March The Bill touching Slanderous Books and Libels was read the first time, and upon the question rejected.
The Bill for keeping of the County Court at Morpeth for the County of Northumberland was brought in again by M r Treasurer one of the Committees, who reported to the House, that the Committees thought good in the Bill after the word Morpeth in the 31 th line of the same Bill, to have these words [or Alnwick ] inserted and put in by the Lord's.
The Amendments and Schedule in the Bill for the good Government of the City of Westminster were twice read, and committed to M r Treasurer, M r Recorder, M r Cromwell, M r Grafton and others, and the Bill was delivered to M r Treasurer, who with the rest was appointed to meet this Afternoon in the Exchequer Court.
The Bill touching Apprentices was brought in again by M r Attorney of the Wards, one of the Committees, who reported that he attended for the residue of the Committees yesterday at the place and time appointed, but that none of them came thither.
The Bill against Idle and Incontinent Life, and and for the punishment of Rogues and Vagabonds, was read the third time, and two Provisoes added unto it were twice read and Ordered to be engrossed. Whereupon the said Bill and the Proviso passed upon the Question.
Mr. Attorney General and Mr. Powle did bring from the Lord's a Bill for the paving of the Town of New Windsor, and a Message from their Lordships for present Conference with some of this House touching the Bill against fraudulent Conveyances, &c. before passed from this House unto them; with further Message from their Lordships, that their Lordships have sent sundry Bills to this House which are not returned unto them again, and therefore think that those Bills have not that ordinary course of reading and expedition which were requisite, and therefore do pray better speed in those Bills that are nearest and readiest to the course of passing, and then to deal with other Bills as their course shall require.
Mr. Vice-Chamberlain, Mr. Chancellor of the Exchequer, Mr. Morrice, Mr. Attorney of the Wards, Mr. Recorder of London, Mr. Grafton and Mr. Alford were appointed presently to repair to the Lord's for Conference in the Bill against covenous and fraudulent Conveyances. And the Bill passed this House against the abuse of Corn and Grain, was sent up to their Lordships by the said Mr. Vice-Chamberlain and others. And the Bill likewise for the better and more reverent observing of the Sabbath day, fair written in Parchment according to the former Amendments and Additions therein of both Houses, with desire that the same new written Bill may be Examined by the former old Bill, and the Amendments and Additions therein of both Houses, according to the former Agreement of both the same Houses in that behalf, and so then to be passed in both Houses accordingly. Vide on Thursday the third day, Saturday the 5 th day, Monday the 7 th day, Thursday the 10 th day, Saturday the 12 th day, and on Saturday the 19 th day of December foregoing; as also on Monday the 22 th day, and on Tuesday the 23 th day of February preceding.
The Bill for increase of Pheasants and Partridges was upon the second reading committed unto Mr. Treasurer, Mr. Vice-Chamberlain, Sir William Moore and others, and the Bill was delivered to Mr. Treasurer, who with the rest was appointed to meet this Afternoon in the Exchequer Chamber.
The Amendments and Additions in the Bill for the preservation of Grain and Game, were read and committed to Sir John Higham, Mr. William Staughton, Mr. Audeley, Mr. Topcliffe and others, who were added to the former Committees for increase of Pheasants and Partridges, and made with them (as it seemeth) one Committee for both the foresaid Bills, being to meet as for the former this Afternoon in the same place.
The Amendments in the Bill that Parsonages Impropriate may be disposed to godly and charitable uses were twice read, and were Ordered to be inserted in the Bill; which being so done, the same Amendment engrossed was read and also passed upon the question.
Sir Christopher Hatton her Majesty's Vice-Chamberlain returning from the Lord's shown, that he and the residue of the Committes of this House appointed to have Conference with their Lordships in the same Bill, and that their Lordships will presently send down the same Bill to this House with some Amendments as their said Lordships do think meet. And shown further, that he and the residue moved their Lordships touching the foresaid new written Bill for the better and more reverent observing of the Sabbath day; and that thereupon their Lordships and the Committees of this House did examine the said new written Bill with the said old former Bill, and the Amendments and Additions of the same Bill, the said whole new Bill being read and found to agree without alteration or want of any one word, moved, that the said new written Bill may be passed presently, which was thereupon so done accordingly. Vide de ista materia on the day foregoing.
The Bill that was first read this day, and which was upon the reading thereof rejected, viz. the Bill touching slanderous Books and Libels was by Mr. Speakers Commandment delivered by the Clerk of the Parliament unto him in the Afternoon of the same day before the siting of the House, and was he said, delivered over by him to Mr. Attorney General, with whom it seemeth it still remained.
Post Meridiem.
M r Wiseman one of the Committees in the Bill for the establishing of an Award made between the Lord Rich and Sir Thomas Barrington Knight, brought in the Bill with an amendment of the alteration of one word only.
Four Bills of no great moment had each of them one reading; of which the last being the Bill for Incorporation of the Hospital of Christ in the Town of Sherburn was upon the second reading committed unto M r Chancellor of the Exchequer, M r Recorder, Sir Drew Drury and others, and the Bill was delivered to M r Recorder, who with the rest was appointed to meet tomorrow in the Afternoon in the Exchequer Court.
On Thursday the 18 th day of March, Seven Bill of no great moment had each of them one reading; of which one being the Bill that Lands, Tenements, &c. of Tellors, Receivers, &c. Shall be liable to the payment of their debts was read the third time, and the amendment and Schedule annexed was also read the third time, and the Bill and all passed upon the question. And another being the Bill for the Inning of Erith and Plumstead-Marsh was upon the second reading committed unto Mr. Treasurer, M r Vice-Chamberlain and others, who were appointed to meet this Afternoon in the Exchequer Chamber.
M r Treasurer one of the Committees in the Bill for the true making of Malt remembered the Committees to meet in the Exchequer Chamber this Afternoon.
The Bill for the better Execution of the Statute of the thirteenth of her Majesty for reformation of certain disorders in Ministers of the Church was read the first time.
Four Bills of no great moment were sent up to the Lord's from the House of Commons; of which the second was the Bill, That the Lands, Tenements, &c. of Tellors, Receivers, &c. may be liable, &c. And the last was the Bill for the better and more reverent observing of the Sabbath day. Which said Bills were sent up by M r Vice-Chamberlain and others.
Mr. Serjeant Rodes and Mr. Doctor Barkley did bring from the Lord's three Bills, viz. the Bill touching the breadth of Wollen-Cloths with some Amendments, which Bill before passed this House; The Bill against fraudulent means used to defeat Wardships, Liveries and Primer seisins, and the third was a Bill for the assurance of certain Lands to the Lord Hunsdon, with report touching that Bill, that Robert Elrington and Alice his Wife were present before the Lord's and gave their consent to the passing of the Bill.
Nota, That the second of the said Bills is omitted in the Original Journal-Book of the Upper House through the negligence of the Clerk.
The Bill for preservation of Woods near the Town of Crambrooke in Kent was upon the second reading committed unto Sir Philip Sidney, Sir Henry Nevill and others, who were appointed to meet upon Saturday in the Afternoon in the open Exchequer Court.
Three Bills of no great moment had each of them one reading; of which the last being the Bill touching the Curriers of London, was upon the second reading committed unto Sir Philip Sidney, Sir Henry Nevill, Mr. Rotheram and others, and the Bill was delivered to Sir William Moore one of the said Committees, who with the rest was appointed to meet this Afternoon in the open Exchequer Court.
The Amendments and Schedule in the Bill for the good Government of the City of Westminster, were three times read and so passed upon the question.
On Friday the 19 th day of March the Bill for the assurance of certain Lands to the Lord Hunsdon, was read the second time.
Mr. Elrington and Alice his Wife being brought to the Bar did there give their open assents to the passing of the said Bill.
Sir William Moore one of the Committees in the Bill for the Curriers, brought in the Bill with some Amendments, and declared further, that upon their Conference together they misliked much of many parts of the Bill, as to have persons made free of London by Act of Parliament, and that it should breed a very hard course and prejudicial precedent to all sorts of Artificers dwelling within three Miles of the City of London.
Mr. Treasurer one of the Committees in the Bill touching the true making of Malt shown, that they have met but have done nothing in the same Bill, and so brought in the same Bill to be now read only for the reviving of the former Statute in that behalf without any Alteration or Addition, which Bill was then in that course so read accordingly, and the Amendment therein for the limitation of the continuance twice read, and so the Bill was Ordered to be engrossed.
The Amendments in the Bill against Jesuits, Seminary Priests and such other disobedient Subjects being perfected according to the said Agreement of this House therein, were now upon the question likewise passed and assented unto accordingly.
Mr. Serjeant Rodes and Mr. Doctor Barkley did bring from the Lord's the Bill against Covenous and fraudulent Conveyances returned with some Amendments.
Two Bills of no great moment had each of them one reading; of which the first being a Bill for the better Execution of the Statute of the thirteenth of her Majesty's Reign for reformation of certain disorders in the Ministers of the Church, was upon the second reading committed unto Mr. Treasurer, Mr. Solicitor, Mr. Recorder and others, who were appointed to meet this Afternoon in the Exchequer Chamber.
The Amendments in the Bill touching the breadth of Wollen Cloths were read three times, and so the said Amendments passed upon the question.
The Bill against fraudulent means used to defeat Wardships, Liveries and primer seisins was upon the second reading committed unto Mr. Vice-Chamberlain, Mr. Chancellor of the Exchequer and others, who were appointed to meet this Afternoon in the Exchequer Chamber.
Mr. Serjeant Rodes and Mr. Doctor Barkley did bring from the Lord's the Bill for preservation of Timber in the County of Surrey, Sussex and Kent returned with some Amendments, and a request also from their Lordships, that some of this House may be appointed to have Conference with their Lordships at three of the Clock this Afternoon, touching a branch in the Bill for continuance of Statutes which concerneth the eating of Fish upon Wednesday. Whereupon were appointed thereunto all the Privy-Council, Mr. Morrice, Sir William Moore, Sir Thomas Heneage, Sir Henry Cock, Mr. Cromwell, Mr. Recorder and others.
Two Bills of no great moment had each of them one reading; of which the first being the Bill for the perfecting of assurances was read the third time and stayed from the question till to Morrow.
On Saturday the 20 th day of March, Three Bills of no great moment had each of them one reading; of which the second being the Bill for the better employing of Lands, Tenements, &c. to the repairing of Highways and for the relief of the Poor, had its third reading, and was rejected upon the question.
The Amendments in the Bill against Moorburning were twice read and agreed to be inserted in the engrossed Bill, and being so presently inserted was read the third time and passed upon the question.
The Amendments in the Bill against Covenous and fraudulent Conveyances were twice read and agreed unto by the House, and Ordered to be engrossed in the Bill accordingly.
Mr. Chancellor of the Exchequer one of the Committees in the Bill for the Inning of Erith and Plumstead-Marsh, and in the Bill for the incorporation of the Hospital of Eastbridge, brought in the same Bill with some Amendments.
Mr. Treasurer one of the Committees in the Bill for the better Execution of the Statute of the thirteenth of her Majesty for reformation of disorders of Ministers of the Church, brought in the old Bill and also a new Bill, praying, that the said new Bill may be read, which was thereupon twice read and Ordered upon the question to be engrossed.
There were sent up to the Lord's from the House of Commons nine Bills by Mr. Treasurer and others, of which the last was the Bill for Chichester-Haven.
The Amendments in the Bill for the Inning of Erith and Plumstead-Marsh were thrice read and agreed upon by the House to be passed with the Bill, and Mr. Baptist on the one part, with one Jacob Seal on the other part, were heard in the House, and after their departure out again the House did offer some Speeches and Motions in the matter, but did rise without any resolutions therein. Vide March 24. postea.
On Monday the 22 th day of March, the Bill for the draining of Fens, Marshes, &c. was upon the second reading committed unto Mr. Chancellor of the Exchequer, Sir Richard Knightley, Mr. John North and others, who were appointed to meet to Morrow in the Afternoon in the Exchequer Chamber.
The Bill against excessive Fees and Taxations in Ecclesiastical Courts, was upon the second reading committed unto Mr. Beale, Mr. Strickland, Mr. Thomson, Sir William Herbert, Mr. Morris and others, who were appointed to meet this Afternoon in the Exchequer Chamber.
The Bill for perfecting of Assurances after sundry Arguments was read the fourth time, and again after the same reading thereof the Bill was referred to the Conference of the former Committees, as also of Mr. Owen, Mr. Shirley, Mr. Dalton and Mr. David Williams to meet this Afternoon in the Exchequer Chamber, to confer this Bill with that against Covenous and fraudulent Conveyances together, and afterwards further to inform this House.
Mr. Serjeant Rodes and Mr. Doctor Barkley did bring from the Lord's three Bills, viz. The Bill with one only word amended touching Artificers using the Cutting of Leather, which before passed in this House; the Bill with some Amendments and Additions for reformations of errors in Fines and Recoveries in the twelve Shires of Wales and Counties Palatine; and a Bill to provide remedy for her Majesty's Wardships, Liveries and primer seizins in certain Cases.
And they also shown that their Lordships did desire present Conference with half a dozen of this House touching the good Government of the City of Westminster. Whereupon were presently appointed Mr. Treasurer, Mr. Robert Cecil, Mr. Recorder, Mr. Cromwell, Mr. Wroth, Mr. Owen and Mr. Morrice, who returning from their Lordships shown, that their Lordships do not very well allow of the Addition of this House in the said Bill to restrain the Liberty and Jurisdiction of the Dean of Westminster, as well in his own Liberty as in his Government of the Prebendaries and Ministers of the Church there, and so he thinketh their Lordships will add something to that purpose to the Additions of this House.
The second Proviso to the Bill for incorporation of the Hospital of Christ in the Town of Sherborn was twice read and Ordered to be engrossed.
The Bill for the Execution of the Statute of the thirteenth of the Queens Majesty, for reformation of certain disorders in the Ministers of the Church, was read the third time, and after many Arguments passed upon the question.
On Tuesday the 23 th day of March, Mr. Attorney of the Wards one of the Committees in the Bill to provide remedy against fraudulent means used to defeat Wardships, Liveries and primer seisins, brought in the same Bill again, which had this day its first reading.
Mr. Morrice one of the Committees in the Bill for perfecting of Assurances brought in the same; And also the Bill against Covenous and fraudulent Conveyances, and also a new Bill.
The Amendments in the Bill touching the taking of Apprentices were twice read, and Committeed to the former Committees, and to Mr. Williams, Mr. Hare, Mr. Cromwell, Mr. Wroth, Mr. Cole and Mr. Prowze; and the Bill was delivered to Mr. Wroth, who with the rest was appointed to meetu pon Thursday next in the Afternoon in the Middle-Temple Hall.
M r Vice-Chamberlain one of the Committees in the Bill against defeating of Wardships, Liveries and primer Scisins, Showed, that the Committees have travailed and for some things by them thought requisite to be amended do think (if this House shall so like.) That some of the same Committees may pray Conference with the Lord's therein. Whereupon it was agreed, that the said former Committees, or some convenient number of them may so do. And then Four Bills of no great Moment were sent up to the Lord's by M r Vice-Chamberlain and others; of which the last was the Bill for the Paving of the Town of New-Windsor in the County of Berks.
Three Bills of no great moment had each of them one reading; of which the first being the Bill for incorporation of the Hospital of Christ in the Town of Sherborn near Durham was read the third time and passed upon the Question.
The Amendments in the Bill for disarming of Recusants were twice read, and the Bill Ordered to be engrossed.
Upon further Arguments and Motions had touching the proceeding in the Bill for the Inning of Erith and Plumstead Marsh, it was agreed, that M r Smith, M r Baptist, M r Youngue and Roger James be warned by the Serjeant of this House to be here tomorrow Morning, that upon some Conference to be had with them by this House, the said Bill may the better proceed to the passing.
On Wednesday the Twenty fourth day of March, Four Bills of no great moment had each of them one reading; of which the first being the Bill for the true payment of the Debts of Philip Bassett Esquire, was upon the second reading Committed unto M r Vice-Chamberlain, M r Chancellor, Sir Richard Knghtley, M r Digby and others, and the Bill was delivered to M r Vice-Chamberlain: all these to meet tomorrow in the Afternoon in the Exchequer Chamber.
And the second being the Bill for suppressing of Pirates and Piracy was upon the second reading Committed unto M r Treasurer, Sir Drew Drewrie, Sir Nicholas Woodruff, M r Richard Brown, M r Docter Fletcher and others, who were appointed to meet on Saturday next in the Afternoon in the Exchequer Chamber.
The Amendments and Additions in the Bill for reformation of Errors in Fines and Common recoveries in the twelve Shires of Wales and Counties Palatine, were read Three times and passed accordingly.
M r Serjeant Rodes and M r Doctor Barkely did bring from the Lord's word, that their Lordships do presently desire Conference with some of this House touching the Bill for Continuance of Statutes.
The Bill for the incorporation of the Hospital of Christ in the Town of Sherborn near Durham with two others of no great moment were sent up to the Lord's by M r Treasurer and others, who were also appointed to attend the Lord's in the Conference touching the Bill for continuance of Statutes according to their Lordships requests.
M r Vice-Chancellor of the Exchequer one of the Committees in the Bill against frauds used in defeating of Wardships, Liveries and primer Seisins, shown, that they have met and travailed in the same Bill, and have thought good to make a new Bill; but yet nevertheless not meaning to impeach the old Bill coming from the Lord's; and that the said new Bill (he said) he thought was not so sufficiently considered of by the said Committees, but that it requireth further consideration amongst them; praying notwithstanding a present reading of the said Bill. Which was thereupon so read accordingly, M r Grafton one of the Committees in the Bill for preservation of Woods near Crambrook in Kent, brought in the Bill again.
Two Bills of no great moment had each of them one reading; of which the first being the Bill for the true payment of Tythes was read the Third time, and after many long Arguments dashed upon the Question.
M r Chancellor of the Exchequer returning from the Lord's shown, that this morning as he came to this House he found M r Baptist, M r Customer Smith, and the Solicitor of Jacob Seal, who were all of them agreed to such Conditions of recompense and consideration to be had towards the said Jacob, as that the Bill may with their liking be read to the passing; whereupon the Amendments..... same..... But that which should here follow is through the negligence of the Clerk wholly omitted; yet it may seem, as may be Collected out of a former passage of this business, on Tuesday the 23 d day of this instant March foregoing, that this Bill here mentioned by Sir Walter Mildmay Chancellor of the Exchequer, was the Bill touching the Inning of Erith and Plumstead Marsh; and that the Amendments of the same Bill which had been formerly thrice read on Saturday the 20 th day: of this instant March, did at this time pass the House.
M r Treasurer and the residue returning from the Lord's, M r Treasurer shown, that the cause for which their Lordships desired conference was, that in respect of the great experienced benefit grown to increase of the Navy and Mariners of this Realm by the late Law for eating of Fish upon Wednesdays, their Lordships wished a Provision to be made for the eating of Fish and no flesh at all hereafter upon the Wednesday in all places of this Realm Twenty five miles distant from the Sea, and also in the Cities of London, York and Bristol, and in all places of this Realm within five miles of the said Cities. Whereunto he said, as he and the residue could say nothing, because they knew not the pleasure of this House therein; so he said he thought their Lordships Additions in the Bill passed this House unto the Lord's for the good Government of the City of Westminster, did seek too much to abridge the Dean of Westminster being the Lord of the said Borough, in his Liberty and Jurisdiction of his own House and Servants, and of the Prebendaries and other Churchmen and their Servants, being all under his own peculiar government: And also that he thought their Lordships could likewise help the same again with some Amendment to the Amendments of this House in the same Bill to be sent down hither and assented unto by this House.
On Thursday the 25 th day of March, Thomas Patrick being brought to the Bar for serving a Subpoena upon M r Cook a Member of this House during the time of this present Session of Parliament, in the behalf and at the Suit of Margery Dike, was ordered upon his Submission to deliver a Copy of the Bill to M r Cook gratis, to give him Twenty Shillings for the Charge of his answer, and to pay the Serjeants Fees.
Roger Vanconge a Dutchman and Merchant Stanger being this day brought by the Serjeant to the Bar for Arresting of John Werrall Servant unto Thomas Powell Esq a Member of this House, for Debt, and carrying him into the Counter of Woodstreet in London; And the said John Werrall being also brought to this House, it was after several Examinations had by this House as well of the said Roger Vanconge, as of the said John Werrall, at last after many long Motions and Arguments upon the circumstances falling out in the said Examinations resolved, after the doubtfulness of the greater Number of Voices upon the Question, by the Division of the House, That the said John Werrall should not have privilege of this House, but should first openly in the House take Oath against the Supremacy of the Bishop of Rome, and then be remanded to the said Prison of the Counter again in state as he was before, which was so done accordingly, for that it did manifestly appear unto this House as well by the Confession of the same Werrall, as also by the confession and by a Letter of his own subscribed with his own hand (and so confessed by himself) directed to one Dakings, that fraudulently and Covenously he procured himself to be received into the Service of the said M r Powell this Parliament time to escape from Arrests, to the delaying and defeating of his Creditors; upon which dividing of the House there were with the Yea or I eighty five Voices, and with the No but sixty nine.
M r Vice-Chamberlain one of the Committees in the Bill touching Wards and Liveries, brought in the Bill again with some Amendments, and referred the same Amendments to the further reading of the Bill; which Bill was then read accordingly, and the Amendments twice read, and the Bill was Ordered to be Ingrossed.
M r Chancellor of the Exchequer one of the Committees in the Bill touching draining of Fenns brought in the Bill again, as a Bill thought good by the same Committees to be reserved till the next Parliament, and to be left in the House for that purpose.
On Friday the 26 th day of March the Amendments and Additions in the Bill for preservation of Woods near unto the Town of Crambrook in the County of Kent was upon the second reading Ordered to be committed again to the former Committees.
The Bill for naturalizing of certain English men's Children born beyond the Seas was upon the third reading passed.
M r Wroth one of the Committees in the Bill for the increase of Pheasants and Partridges brought in the Bill again with some Amendments, and the same Amendments being twice read the Bill was again after sundry speeches and Arguments committed to the former Committeees.
M r Serjeant Rodes and M r Powle did bring from the Lord's two Bills; of which one was the Bill for the good Government of the City of Westminster.
M r Chancellor of the Exchequer one of the Committees in the Bill for the true payment of the Debts of Philip Bassett Esquire, brought in the Bill again as a Bill agreed by them to be reserved until the next Parliament.
Six Bills of no great moment had each of them one reading, and were sent up to the Lord's from the House of Commons; of which one was the Bill (with the Amendments) for the keeping of the County Court at Morpeth and the Town of Alnwick in the County of Northumberland; and another Bill being for the safe keeping of obstinate Recusants Armor was sent back again unto the said House from their Lordships (who gave it presently three readings) by Serjeant Rodes and M r Powle.
The Bill touching Wardships and Liveries was read the third time and dashed upon the question, there being but seventy five Voices for it and ninety five against it.
The Bill for the good Government of the City of Westminster with the Amendments according to the last Additions was sent up to the Lord's by M r Treasurer and others.
M r William Stoughton one of the Committees in the Bill against Excessive Fees and taxations in the Eclesiastical Courts, brought in the Bill again.
On Saturday the 27 th day of March, after the Litany was read and the prayers ended, Mr. Speaker signified unto the House that her Majesty's Commandment was, that this House do not sit this present day, but do assemble here again on Monday next in the Forenoon, at which time they shall then know her Majesty's further pleasure.
On Monday the 29 th day of March M r Serjeant Rodes and Mr. Doctor Barkeley did bring from the Lord's the Bill for the maintenance of the Pier and Cobb of Lime Regis in the County of Dorset with some Amendments.
The Bill for increase of Pheasants and Partridges was twice read, and the Amendments thereof thrice, and then it was put to the Question whether or no the said Bill with the Amendments should pass; And it was found that there were one hundred and thirteen Voices for the passing of the Bill, and but seventy five against it.
The Amendments and Schedule in the Bill for the maintenance of the Pier and Cobb of Lime Regis were thrice read, and so passed accordingly upon the Question.
The Amendments also in the Bill for the safe keeping of the Armor of obstinate Recusants were thrice read and passed upon the Question.
Post Meridiem.
Three Bills of no great moment were sent up to the Lord's from the House of Commons by Mr. Treasurer and others; of which the first was the Bill touching the Armor of obstinate Recusants, and is omitted in the Original Journal-Book of the Upper House; but the other two touching Pheasants and Partridges with their Amendments, and touching the Pier and Cobb of Lime Regis, are there set down to have been sent up as aforesaid.
M r Serjeant Gawdy and M r Serjeant Rodes did bring down from the Lord's to the House of Commons the Bill of Subsidy (which is omitted in the Original Journal-Book of the Upper House) and the Bill for her Majesty's Gracious, general and free Pardon; which being once read passed upon the Question accordingly.
Her Majesty with divers of the Lord's Spiritual and Temporal being set in the Upper House about ..... of the Clock this Afternoon; the Knights, Citizens and Burgesses of the House of Commons had notice thereof, and thereupon repaired thither with John Puckering Serjeant at Law their Speaker, who being placed at the Rail or Bar at the lower end of the said Upper House, did according to the usual form humbly crave her Majesty's most Royal Assent to such good Laws as had passed the two Houses. Whereupon her Majesty having by her Assent given Life to thirty public Acts and nineteen private, the Parliament was Prorogued unto the 20 th day of May next ensuing, and at last after five other Prorogations it was Dissolved upon Wednesday the 15 th day of September Anno 28 Regin. Eliz. Anno Domini 1586.
THE JOURNAL OF THE House of LORD'S.
An Exact and perfect Journal of the Passages of the Upper House in the Parliament holden at Westminster, Anno 28 Reginae Eliz. Anno Domini 1586. which began there on Saturday the 29 th Day of October (after two Several Prorogations thereof) and then and there continued until it was at length Dissolved on Thursday the 23 th Day of March, Anno 29 Reginae ejusdem.
THE Journal of this Parliament both in respect of the greatness of the matter handled in it, being the business of Mary Queen of Scots, as also of the many rare Precedents which happened in the Carriage of it, the Queens Person being represented and the Lord Chancellors place supplied by others, with the Adjournment and re-assembling again of the same, somewhat extraordinary, is and ought to be esteemed most worthy of observation. And it is most plain that this Parliament was at the first (beyond the Queens own expectation) summoned and afterwards Assembled upon no other cause or ground than the timely and strange discovery of that bloody and merciless Treason Plotted by Babington and others for the violent cutting off her Majesty's life, of which Mary Queen of Scots had been first by a most Just and Honorable Trial fully Convicted, and afterwards Judicially pronounced to have been in a high nature guilty. But yet her Majesty not satisfied with her so just a Trial and Attainder, assembled the Parliament on purpose, that so all those former proceedings how just so ever might be further Committed and referred to the impartial examination and final Judgment of the whole Realm. And that this great Council of the Kingdom was merely called together at this time about this business is most plain, because the last Prorogation of ths former Parliament holden in Anno 27 Regin. Eliz. Anno Dom. 1584. was from the 26 th day of April Anno 28 Regin. Eliz. Anno Dom. 1586. unto the 14 th day of November then next ensuing: But long before the said day the former Conspiracy being discovered about the latter end of July in Anno eodem, the former Parliament was dissolved on Wednesday the fourteenth day of September following, in the 28 th year of her Majesty; And this new one Assembled on Saturday the 29 th day of October immediately after ensuing: At which time the Queen came not to the Upper House in Person, but was represented by three Commissioners; not as her Majesty afterward professed, because she feared the Violence of any Assassinte; but because she abhorred to be an hearer of so foul, and unnatural a conspiracy plotted against her by the Scottish Queen, a Kinswoman so near to her Highness; Yet by this means her absence doubtless drew on the greater safety; and her Loving and Loyal Subjects did the more clearly perceive in how great and unavoidable danger she stood as long as that Queen lived, and were therefore doubtless stirred up to consult in this so important a Cause with the greater Zeal and earnestness for the preservation of Religion, the Security of her Majesty's Life, and the safety of these Realms. Which matters the Lord's of the Upper House did so seriously intend, as that in this first meeting in this present Parliament, which lasted from the foresaid 29 th day of October being Saturday, unto the second day of December next following being Friday, it appeareth not in the Original Journal-Book of the Upper House, that any one Bill public or private was read, or so much as once treated of.
This Parliament was summoned to have begun on Saturday the 15 th day of October Anno 28 Regin. Eliz. at which said day her Highness for great and weighty causes and Considerations her thereunto especially moving, did prolong and adjourn the said Parliament unto Thursday being the 27 th day of the said Month of October, by virtue of a Writ under the Great Seal dated the eighth day of this present October; whereupon on the said 15 th day of October the Archbishop of Canterbury with divers other Lord's and Counselors repaired to the Parliament Chamber commonly called the Upper House, and there in presence of divers Lord's Spiritual and Temporal the Knights, Citizens and Burgesses summoned to the same Parliament did declare her Highnesses pleasure to Prorogue the same Parliament from this first summoned day until the 27 th of the said Month, and thereupon the Writ for the said Prorogation was publicly read by the Clerk of the Upper House.
Upon the said 27 th day of October Sir Thomas Bromley Knight Lord Chancellor of England, and divers Lord's with a good number of the House of Commons met again in the Parliament Chamber, and did again Prorogue this present Parliament after the usual and accustomed form unto the Saturday next following, being the 29 th day of this present October.
On which said 29 th day of October the Parliament held accordingly, and the Lord's in the Afternoon repaired to the Upper House, and there placed themselves according to their several Degrees; Upon which the Knights, Citizens and Burgesses having notice that the Lord's expected their presence, repaired to the said House, and being let in as many as could conveniently, Sir Thomas Bromley the Lord Chancellor declared unto the whole Assembly, that her Majesty was so hindered by great and urgent occasions as she could not be present, yet had notwithstanding given full Authority to Three Members of the Upper House in her Majesty's name and stead to begin the said Parliament. Whose names are entered in the Original Journal-Book of this Parliament in manner and form following.
-
Regina representata per Commissionarios, viz.
- Archiepiscopum Cantuariensem.
- Dominum Burleigh Thesaurarium, &
- Comitem Darbiae Magnum Seneschallum.
- All the Lord's then present were these following.
- Archiepiscopus Cantuarien.
- Thomas Bromley Miles Dominus Cancellarius.
- Archiepiscopus Eboracen.
- Dominus Burleigh.
- Dominus Thesaurarius Angliae.
-
Comites.
- Comes Oxford Magnus Camerarius.
- Comes Kantiae.
- Comes Darbiae Magnus Seneschallus.
- Comes Wigorn.
- Comes Rutland.
- Comes Cumberland.
- Comes Sussex.
- Comes Pembrook.
- Comes Hartford.
- Comes Lincoln.
- Vicecomes Montague.
-
Episcopy.
- Episcopus London.
- Episcopus Dunelmen.
- Episcopus Winton.
- Episcopus Bathon. & Wellen.
- Episcopus Sarisburien.
- Episcopus Roffen.
- Episcopus Exon.
- Episcopus Cestren.
-
Barones.
- Dominus Howard Admirallus.
- Dominus Aburgavenny.
- Dominus Zouch.
- Dominus Barkley.
- Dominus Morley.
- Dominus Dacres.
- Dominus Cobham.
- Dominus Stafford.
- Dominus Grey de Wilton.
- Dominus Lumley.
- Dominus Stourton.
- Dominus Darcie.
- Dominus Sandes.
- Dominus Windsor.
- Dominus Wentworth.
- Dominus Borough.
- Dominus Cromwell.
- Dominus Evers.
- Dominus Rich.
- Dominus Willoughby de Parham.
- Dominus Darcie de Chiche.
- Dominus Shandois.
- Dominus S t John.
- Dominus Buckhurst.
- Dominus Delaware.
- Dominus Compton.
- Dominus Cheney.
- Dominus Norris.
The Lord's being all set in this Order in their Parliament-Robes, and the Judges placed, with other Attendants and Assistants of the Upper House, being also before the said Lord's Commissioners had taken their places on the right side of the Chair of State, the Lord Chancellor shown forth the Queens Majesty's Letters Patents, by which She committed full Power to the Archbishop of Canterbury, the Lord Burleigh Lord Treasurer of England, and the Earl of Darby, to supply her place in the said Parliament, which were as followeth: viz.
Hodie cùm omnes Proceres Robis Parliamentaribus induti in suo Loco quisque sederent, & Milites, Cives & Burgenses qui ad hoc praesens Parliamentum summoniti fuerunt, praesso essent, & jam universt tam Proceres quàm Communes Reginae adventum expectarent; Thomas Bromley Miles Dominus Cancellarius exponit omnibus, Regiam Majestatem maximis & urgentissimis causis adeo esse impeditam, ut non queat impraesentiarum commode interesse ut decreverat. Nihilominus inquit, sua Majestas Literis suis Patentibus plenam potestatem commisit Reverendissimo in Christo Patri Johanni Cantuar. Archiepiscopo totius Angliae Primati & Metropolitano, ac praedilecto & fideli suo Willielmo Domino de Burleigh Domino Thesaurario Angliae, ac charissimo Consanguineo suo Henrico Comiti Darbiae, ad facienda nomine suo omnia & singula quae in dicto Parliamento gerenda essent; ut per easdem Liter as Patentes 〈◊〉 apparet, quas hiis dictis Dominus Cancellarius Clerico Parliamentar. publice legendas tradidit. Earum autem tenor sequitur in haec verba.
ELizabetha Dei graetiâ Angliae, Franciae & Hiberniae Regina, fidei Defensor, &c. Omnibus ad quos praesentes Literae pervenerint, Salutem. Sciatis quod cùm de advisamento Concilii nostri pro quibusdam arduis & urgentibus negotiis nos, statum & defensionem Regni nostri Angliae ae Ecclesiae Anglicanae concernen. quoddam Parliamentum nostrum apud Civitatem nostram Westmonaster. 29 o die instant. mensis Octobris teneri ordinavimus; quia vero propter certas causas ad Parliamentum praedictum non potuerimus interesse, nos de circumspectione, sideliate & industria Reverendissimi in Christo Patris Johannes Cantuar. Archiepiscopi totius Angliae Primat. & Metropolitan. ac praedilecti & fidelis nostri Willielmi Domini de Burleigh Domini Thesaurarii Angliae, ac charissimi Consanguinei nostri Henrici Comitis Darbiae, plenam fiduciam reportand. eisdem Archiepiscopo, Willielmo Domino de Burleigh & Henrico Comiti Darbiae, & duobus eorum ad Parliamentum praedictum nomine meo inchoand. & tenend. negotiá{que} praedict. exponend. & declarand. ac exponi & declarari faciend. necnon in negotiis illis & Parliamento praedicto, ac omnibus & sin gulis in eo procedend. & ad faciend. omnia & singula quae pro nobis & per nos pro bono regimine & gubernatione praedicti Regni nostri Angliae ac aliorum Dominiorum nostrorum eidem Regno nostro pertinen. ibid. fuerint faciend. necnon ad Parliamentum illud, si necesse fuerit, continuand. adjournand. & prorogand. de assensu Concilii nostri praedicti plenam tenore praesentium committimus prtestatem. Dantes ulteriùs de assensu ejusdem Concilii nostri tam universis & singulis Archiepiscopis, Episcopis, Comitibus, Vicecomitibus, Baronibus & Militibus quàm omnibus aliis quorum interest ad Parliamentum nostrum praedictum conventur. similit. tenore praesentium firmiter in Mandatis, Quod eisdem Archiepiscopo, Willielmo Domino Burleigh, & Henrico Comiti Darbiae, & duobus eorum intendant in praemissis in fornia praedicta. In cujus rei testimonium has Literas nostras sieri fecimus Patentes. Teste meipsa apud Westmonasterium vicesimo octavo die Octobris, Anno Regni nostri vicesimo octavo.
Per ipsam Reginam, &c.
The Letters Patents foregoing being read, the said three Lord's Commissioners leaving their own places, went to a Seat prepared for them on the right side of the Chair of State beneath the steps. Then the said Lord Chancellor going first to the said Lord's, and conferring a while with them, went to his accustomed place, and there made intimation of the Cause of this present Summons of Parliament; which, as he said, were no usual Causes, not for making of Laws, whereof her Majesty thought there were more made than were duly executed, nor for Fifteenths and Subsidies, although there were some cause; yet her Majesty would not charge her loving Subjects so far at this time: But that the cause was rare and extraordinary, of great weight, great peril, and dangerous consequence. Then he declared, what dangerous practices had been contrived of late, and how miraculously the Providence of God had by discovery thereof, beyond all human Policy, preserved her Majesty, the destruction of whose Sacred Person was most traitorously compassed and imagined. Here he shown what misery the loss of so Noble a Queen would have brought to all Estates; and said, That although some of them had suffered according to their demerits, yet one remained that by due course of Law had received her Sentence, which was the chief cause of this Assembly, and wherein her Majesty required their faithful advice; and therefore, said he, you may orderly proceed therein. And you of the House of Commons are to make present choice of someone amongst you to be your Speaker. and to present him unto the Lord's Lieutenants as soon as conveniently you may.
As soon as the Lord Chancellor had ended his Speech, the Clerk of the Parliament stood up and read the Names of the Receivers and Tryors of Petitions in French, which were as followeth.
Receivers of Petitions for England, Ireland, France and Scotland, Sir Christopher Wray Knight Lord Chief Justice, Sir Gilbert Gerrard Knight Master of the Rolls, Sir Thomas Gawdy Knight one of the Justices of ..... Doctor Awberry and Doctor Ford.
Receivers of Petitions for Gascoigne and other Lands and Countries beyond the Seas, and of the Isles, Sir Edmund Anderson Knight Lord Chief Justice of the Common Pleas, Sir Roger Manwood Knight Lord Chief Baron, Francis Windham one of the Justices of ..... Doctor Barkeley and Doctor Cary.
Tryors of Petitions for England, Ireland, Wales and Scotland, the Archbishop of Canterbury, the Earl of Darby Lord High Steward of England, the Earl of Rutland, the Earl of Essex, the Bishop of London, the Bishop of Winchester, the Bishop of Salisbury, the Lord Howard of Essingham Lord High Admiral of England, the Lord Cobham, the Lord Grey of Wilton.
Tryors of Petitions for Gascoigne and other Lands and Countries beyond the Seas and of the Isles, the Archbishop of York, the Earl of Oxford great Chamberlain of England, the Earl of Warwick, the Earl of Pembroke, the Bishop of Durham, the Bishop of Lincoln, the Bishop of Rochester, the Lord Hunsdon Chamberlain to the Queen, the Lord Lumley, and the Lord Buckhurst.
As soon as the Clerk of the Parliament had read these Names, and had likewise ended other things of course belonging unto them, viz. That the first Tryors of England, &c. or any four of them, calling unto them the Lord Chancellor and the Lord Treasurer, and also the Queens Serjeants, should at their leisure meet together in the Chamberlains Chamber: And that the last Tryors of Gascoigne, &c. or any four of them, calling unto them the Queens Serjeants and the Queens Attorney and Solicitor, should hold their place when their leisure did serve them to meet in the Treasurers Chamber. Then the Lord's Lieutenants adjourned the Parliament until Monday next following.
This day were divers Proxies returned, of which the Extraordinary ones were these that follow.
29 o die Octobris introductae sunt Literae procuratoriae Marmad. Episcopy Meneven. in quibus Procuratores suos constituit Johannem Archiepiscopum Cantuar. Johannem Episcopum London, & Thomam Episcopum Wintonien.
Item introductae sunt Literae procuratoriae Willielmi Episcopy Cestren. in quibus Procuratorem suum constituit Johannem Episcopum Cantuarien.
Item introductae sunt Literae procuratoriae Hugonis Episcopy Bangor. in quibus Procuratores suos constituit Johannem Episcopum Cantuarien. & Willielmum Dominum Burleigh Thesaurarium.
Item introductae sunt Literae procuratoriae Johannes Episcopy Carliolen. in quibus Procuratorem suum constituit Edwinum Archiepiscopum Ebor.
Nota, That these were all the Extraordinary or unsual Proxies that are entered in the Original Journal-Book of the Upper House to have been returned this Parliament: For whereas the Spiritual Lord's do for the most part constitute two Proctors, and the Temporal Lord's but one, and those likewise of their own Order, here the Bishop of S t David's nominated three, the Bishops of Chester and Carlisle but one apiece, and the Bishop of Bangor did constitute the Lord Burleigh Lord Treasurer of England his Joynt Proctor with John Bishop of Canterbury, which I take to be the only Precedent with two others in Anno 5 Eliz. during all the Parliaments of Queen Elizabeth's Reign, where a Spiritual Lord did nominate a Temporal for his Proctor, or a Temporal Lord a Spiritual, although in the Reign of Queen Mary and other times more ancient it was very usual and ordinary.
On Monday the 31 th of October her Majesty's Person was represented (as it had been on the first day of this Parliament) by three Commissioners, viz. the Archbishop of Canterbury, the Lord Burleigh Lord Treasurer of England, and the Earl of Darby great Steward of England, who were styled the Lord's Lieutenants.
These with divers other Lord's, both Spiritual and Temporal, being fet in their Parliamentary Robes in the Upper House, the Knights, Citizens and Burgesses of the House of Commons had notice thereof, and thereupon with John Puckering Serjeant at Law (who had been Speaker also the last Parliament) their now Prolocutor repaired thither; and being (as many as conveniently could) let in, the said M r Speaker was led up by two of the most eminent Personages of the House of Commons to the Rail or Bar at the lower end of the said Upper House, who being there placed, and having, according to the usual course, desired himself to be excused, that so the House of Commons might make choice of some other more able Member amongst themselves, it was not allowed, but his former wise and discreet behavior the last Parliament in the Execution of this very place was alleged and much commended.
Whereupon the said M r Speaker having made humble reverence and in very discreet and good manner, submitted himself to the undertaking of the said Prolocutorship, did in the end of his Speech make divers petitions of course for freedom of Speech, freedom of Access to her Majesty, and freedom from Arrests and Suits in the Name of the House of Commons; and lastly for pardon for himself, if he should unwittingly err in the report or carriage of anything. Whereunto the Lord's Commissioners by the Lord Chancellor answered, That the said House of Commons and himself should enjoy and use such Privileges as others in the times of the Queen her Noble Progenitors had accustomed to use and enjoy.
Nota, That it doth not appear by the Original Journal-Book of the Upper House, whether the Speaker were presented in the Forenoon or in the Afternoon.
Dominus Cancellarius continuavit praesens Parliamentum us{que} in diem Veneris prox. horâ octavâ.
On Friday the 4 th day of November the Lord's Spiritual and Temporal being Assembled, the Lord Chancellor continued the Parliament unto the next day at eight of the Clock.
On Saturday the 5 th day of November the Lord Chancellor declared unto the Lord's the foul and indirect dealings practiced by the Queen of Scots against her Majesty and the whole Realm, notwithstanding so many great benefits and favors which the said Queen of Scots had received of her Majesty; the which matter by William Lord Burleigh Lord Treasurer of England, as one unto whom the said Queen of Scots whole proceedings were better known by reason of his long Service done unto our most gracious Sovereign Lady since the beginning of her Reign, were more fully dilated.
Dominus Cancellarius continuavit praesens Parliamentum us{que} in diem Lunae horâ octavâ.
On Monday the 7 th day of November while the Lord's were debating the matter of the Queen of Scots, the House of Commons came up and desired a Conference with some of the Lord's of this House, what number it should please them to appoint, about the great matter of the Queen of Scots already opened unto them. Whereupon the Lord's chose out to the number of twenty one, viz. the Archbishops of Canterbury and York, the Lord Treasurer, the Lord Steward, the Earl of Northumberland, the Earl of Kent, the Earl of Rutland and the Earl of Sussex: the Bishop of London, the Bishop of Durham, the Bishop of Winchester and the Bishop of Worcester; the Lord Admiral, the Lord Chamberlain, the Lord Cobham, the Lord Grey, the Lord Lumley, the Lord Shandois, the Lord Buckhurst, the Lord de la Ware and the Lord Norris.
Dominus Cancellarius continuavit praesens Parliamentum us{que} in diem crastinum horâ nonâ.
On Tuesday the 8 th day of November nothing was done, but the Parliament was by the Lord Chancellor continued us{que} in diem crastinum horâ nonâ.
On Wednesday the 9 th day of November were read divers Letters as well of Anthony Babington to the Queen of Scots, as of the said Queen of Scots to the said Anthony Babington, Charles Paget and others.
The Sentence also pronounced by the Commissioners against the Queen of Scots was read.
A form of a Petition agreed upon by the Committees of both Houses was read.
Dominus Cancellarius continuavit praesens Parliamentum us{que} in diem crastinum horâ nonâ.
On Thursday the 10 th day of November the Lord's Committees made report unto the whole House, that they of the House of Commons upon hearing the Sentence and divers of the special Evidences and Proofs whereupon the Sentence was grounded, openly read unto them, after long deliberation and consultation had betwixt them both publicly and privately, they all with one assent allowed the same Sentence to be just, true and honorable, and that they humbly desired their Lordships to make choice of such number of Lord's as their Lordships should think meet, to join with them in Petition to her Majesty. Whereupon their Lordships made choice of the said Lord's following, viz. the Lord Chancellor, the Lord Treasurer, the Lord High Chamberlain, the Lord Steward, the Earl of Northumberland, the Earl of Kent, the Earl of Rutland, the Earl of Sussex, the Earl of Pembroke and the Earl of Hartford, the Lord Chamberlain, the Lord Abergavenny, the Lord Zouch, the Lord Morley, the Lord Cobham, the Lord Grey, the Lord Lumley, the Lord de la Ware and the Lord Norris.
Memorandum, That the Commons House made request to have the Petition assented unto by both the Houses to be introlled in the Parliament Roll, the which the Lord's thought better to defer until her Majesty's liking or misliking were first had of the same.
Dominus Cancellarius adjournavit praesens Parliamentum us{que} in diem Martis prox. horâ nonâ.
On Tuesday the 15 th day of November the Lord Chancellor declared unto the whole House the order of proceeding of Committees in presenting the Petition unto her Highness, and that her Majesty's Answer was in so eloquent and goodly sort, and with words so well placed, that he would not take upon him to report it as it was uttered by her Majesty, but that the effect was, that her Highness highly thanked her so dutiful and loving Subjects for their great care and tender zeal that they shown to have of her safety; and were it not in respect of them and of the state of the Realm and maintenance of the true Religion, she would not..... And that her Highness did well know the greatness of the peril and the dangerous practice attempted against her Person, and that her Majesty did acknowledge it to be the maintaining and defending hand of him that hath delivered her so often, and from so great perils. Her Highness concluded, it was a Cause of great moment, and required good deliberation, and that she could not presently give Answer unto them, but that her Highness would shortly deliver it to some of her Privy Council, which should declare unto them her Highnesses mind. And thus her Highness answered.
This day further the Lord Chancellor signified unto the Lord's, that on Monday her Majesty commanded him to require the Lord's to advise amongst them, if some other course might be taken without proceeding to the extremity of Execution, which her Highness could better like of, if any such might be found, and that her Highness looked for Answer from their Lordships.
Nota, That the whole entrance of this days business, viz. the Lord Chancellors Report of the Queens Answer, is crossed in the Original Journal-Book, but remaineth as legible as any other part, except a few interlined words; but by the whole course following, that ought to stand which is crossed, for without that the business following hath no coherence with the premisses.
Dominus Cancellarius adjournavit praesens Parliamentum us{que} in diem Sabbati prox. horâ consuetâ.
Die Sabbati 19 Die Novembris Dominus Cancellarius continuavit praesens Parliamentum us{que} in diem Martis prox. horâ nonâ.
On Tuesday the 22 d day of November after many Speeches which tended all to one effect, which was, that their Lordships in their opinions could not find any other way than was already set down in their Petition: then the Lord's agreed that the matter should be put to the question; and being particularly asked everyone his several voice, answered with one Consent, that they could find no other way.
The House of Commons came up, and desired the Lord's to be content to appoint some of the Lord's to confer with them upon the Answer that was to be made to her Highness, and to deliver the same to her Majesty. Whereupon the Lord's made choice of these Lord's following, viz. the Archbishops of Canterbury and York, the Lord Treasurer, &c.
And the said Lord's upon Conference had with the Committee of the Lower House made report, that the like question was propounded to them of the House of Commons, and that they Answered all with one consent, no man gainsaying, that they could find none other way. Whereupon the said Committees of both Houses agreed upon this Answer to be made to her Majesty, That having often conferred and debated of that question according to her Highness Commandment, they could find none other way than was set down in the Petition. Which Answer for the Lord's was delivered unto her Majesty by the Lord Chancellor, and for the Commons by their Speaker at Richmond on Thursday the 24 th day of November.
Dominus Cancellarius continuavit praesens Parliamentum usque in diem Vcneris prox. horâ nonâ.
On Friday the 25 th day of November the Lord Chancellor delivered her Majesty's Answer to the Lord's to the last resolution; the Effect whereof was as followeth, viz.
If (said her Highness) I should say unto you that I mean not to grant your Petition, by my faith I should say unto you more than perhaps I mean. And if I should say unto you that I mean to grant your Petition, I should then tell you more than is fit for you to know. And thus I must deliver you an Answer Answerless.
Whereas on the 7 th day of this instant Month of November whilst the Lord's were in Consultation about the great matter of the Queen of Scots, the Chief and only Cause of the Summons of this Parliament, they of the House of Commons came up and desired Conference with some of the Lord's of this House, what number it should please their Lordships to appoint touching the said great cause, which, as they affirmed, had been opened and declared unto them: Whereupon the Lord's made choice of divers Lord's (whose names see at large on Monday the 7 th day of this instant Month of November foregoing) And to attend the said Lord's were appointed the Lord Chief Justice of the Common-Pleas, the Lord Chief Baron and Justice Gawdie, the time and place of their meeting being in the very Parliament Chamber at two of the Clock in the Afternoon; and after often meeting and long Conferences had, they agreed upon a form of Petition, which by both the Houses should be presented unto her Majesty. And that Choice should be made of a certain number of either House to prefer the same unto her Highness. Which being reported to this House, the Lord's liked very well thereof; And thereupon made Choice of divers Lord's, whose names see at large on Thursday the 10 th day of this instant November foregoing.
And they of the House of Commons appointed their Speaker and all the Privy-Council of that House, and so many others as in all with the Privy-Council made up the Number of 42. Persons, to join with the said Lord's.
And they altogether understanding first her Majesty's pleasure for the time of their repair to her Highness presence, (which was signified to be on Saturday the 12 th day of November, ) the Lord Chancellor in the name of the Lord's, and the Speaker in the name of the House of Commons declared unto her Majesty, That both the Lord's and Commons after often Conferences and long consultation had, concluded to be humble Suitors unto her Majesty by way of Petition; the effect whereof was then at good length opened unto her Majesty by the Lord Chancellor and Speaker, and the Petition thereupon delivered unto her Majesty in writing. And where it was before desired by them of the said House of Commons, that presently upon the Agreement of the Form of the Petition it might be entered into the Rolls of the Parliament, the Lord's thought it better to stay the entrance thereof until it were presented unto her Highness; which done, the Lord's ordered that this Friday the 25 th day of November the said Petition should be entered into the Parliament Roll in manner and form following, viz.
May it please your most Excellent Majesty, Our must Gracious Sovereign. We your humble, loving and faithful Subjects, the Lord's and Commons in this present Parliament assembled, having of long time to our intolerable grief seen by how manifold most dangerous and execrable practices Mary the Daughter and Heir of James the Fifth late King of Scots Dowager of France and commonly called Queen of Scots, hath compassed the destruction of your Majesty's sacred and most Royal Person, in whose safety (next under God) our chief and only felicity doth consist, and thereby not only to bereave us of the sincere and true Religion of Almighty God, bringing us and this Noble Crown back again into the Thraldom of the Romish Tyranny, but also utterly to ruinate and overthrow the happy State and Common Weal of this most Noble Realm; which being from time to time by the great mercy and providence of God, and your Highness singular wisdom foreseen and prevented, your Majesty of your exceeding great Clemency and Princely Magnanimity hath either most graciously passed over, or with singular favor tolerated, (although often and instantly moved by your most loving and faithful Subjects to the contrary in times of your Parliaments, and at many other times; and hath also protected and desended the said Scottish Queen from those great dangers which her own people for certain detestable Crimes and offenses to her imputed, had determined against her. All which notwithstanding, the same Queen was nothing moved with these and many other your Majesty's most gracious favors towards her; but rather obdurate in malice, and by hope of continual impunity imboldened to prosecute her cruel and mischievous determination by some speedy and violent course, and now lately a very dangerous Plot being conceived and set down by Anthony Babington and others, That six desperate and wicked persons should undertake that wicked and most horrible enterprize to take away your Majesty's Life (whom God of his infinite mercy long preserve) she did not only give her advice and direction upon every point, and all circumstances concerning the same make earnest request to have it performed with all diligence, but did also promise assurance of large reward and recompense to the doers thereof; which being informed to your Majesty, it pleased your Highness upon the earnest Suit of such as tendered the safety of your Royal Person, and the good and quiet state of this Realm, to direct your Commission under the Great Seal of England to the Lord's and others of your Highness Privy-Council, and certain other Lord's of Parliament of the greatest and most ancient Degree, with some of your principal Judges, to examine, hear and determine the same Cause, and thereupon to give Sentence or Judgment according to a Statute in that behalf made in the twenty seventh year of your most Gracious Reign: By virtue whereof the more part of the same Commissioners being in number thirty six, having at sundry times fully heard what was alleged and proved against the said Scottish Queen in her own presence touching the said crimes and offenses, and what she could say for her defense and excuse therein, did after long deliberation give their Sentence and Judgment with one consent, that the death and destruction of your Royal Person was imagined and compassed by the said Anthony Babington with the privity of the same Scottish Queen; And that she herself did also compass and imagine the death and destruction of your most Royal Person. Now for as much as we your Majesty's most humble, loyal and dutiful Subjects representing unto your most Excellent Majesty the universal State of your whole people of all degrees in this your Realm, do well perceive and are fully satisfied, that the same Sentence and Judgment is in all things most honorable, just and lawful; And having carefully and effectually according to our most bounden duties weighed and considered upon what ground and cause so many Traiterous complots and dangerous practices against your most Royal Person and Estate, and for the invading of this Realm have for the space of many years past grown and proceeded, do certainly find and are undoubtedly persuaded that all the same have been from time to time attempted and practiced by and from the Scottish Queen, and by her Confederates, Ministers and Favourers, who conceive an assured hope to achieve speedily by your Majesty's untimely death that which they have long expected, and whereof during your Life (which God long preserve to our inestimable Comfort) they despair, to wit, to place her the said Scottish Queen in the Imperial and Kingly Seat of this Realm, and by her to banish and destroy the Professors and professing of the true Religion of Jesus Christ, and the ancient Nobility of this Land, and to bring this whole State and Common-Weal to Foreign Subjection and utter ruin and confusion; which their malicious and traitorous purpose they will never cease to prosecute by all possible means they can, so long as they may have their Eyes and Imaginations fixed upon that Lady the only ground of their treasonable hope and conceits, and the only Seed-plot of all dangerous and traitorous devices and practices against your Sacred Person. And seeing also what insolent boldness is grown in the heart of the same Queen through your Majesty's former exceeding favors and Clemencies towards her, and thereupon weighing with heavy and sorrowful hearts in what continual peril of such like desperate Conspiracies and practices your Majesty's most Royal and Sacred Person and Life (more dear unto us than our own) is and shall be still, without any possible means to prevent it, so long as the said Scottish Queen shall be suffered to continue, and shall not receive that due punishment which by Justice and the Laws of this your Realm she hath so often and so many ways for her most wicked and detestable offenses deserved; Therefore, and for that we find that if the said Lady shall now escape the due and deserved punishment of Death for these her most execrable Treasons and offenses, your Highness Royal Person shall be exposed unto many more and those more secret and dangerous Conspiracies than before, and such as shall not or cannot be foreseen or discovered as these her late attempts have been, and shall not hereafter be so well able to remove or take away the ground and occasion of the same as now by Justice may and ought to be done; We do most humbly beseech your most Excellent Majesty, that as well in respect of the continuance of the true Religion now professed amongst us, and of the safety of your most Royal Person and Estate, as in regard of the preservation and defense of us your most loving, dutiful and faithful Subjects, and the whole Common-Weal of this Realm, It may please your Highness to take speedy Order, That Declaration of the same Sentence and Judgment be made and published by Proclamation, and that thereupon direction be given for further proceedings against the said Scottish Queen according to the effect and true meaning of the said Statute: Because upon advised and great consultation we cannot find that there is any possible means to provide for your Majesty's Safety, but by the just and speedy Execution of the said Queen, the neglecting whereof may procure the heavy displeasure and punishment of Almighty God, as by sundry severe Examples of his great Justice in that behalf left us in the Sacred Scriptures doth appear. And if the same be not put in present Execution, We your most loving and dutiful Subjects shall thereby (so far as man's reason can reach) be brought into utter despair of the continuance amongst us of the true Religion of Almighty God, and of your Majesty's Life, and the Safety of all your faithful Subjects, and the good Estate of this most flourishing Common-Weal.
Dominus Cancellarius continuavit praesens Parliamentum us{que} in diem Martis prox.
On Tuesday the 29 th day of November, the Lord's Spiritual and Temporal being Assembled, Commissionar' Reginae continuaverunt praesens Parliamentum us{que} in diem Veneris hor â nonâ.
On Friday the second day of December Commissionarii Reginae adjornaverunt praesens Parliamentum us{que} in decimum quintum diem Februarii prox.
Nota, That the Parliament was Adjourned without any new Commission from her Majesty which had been used in the last Parliament, in Anno 27 Regin. Eliz. Anno Dom. 1584. where the Adjournment was from the 27 th day of December unto the 4 th day of February, which was near upon the same intervenient time or space for which this present Parliament de Anno 28, & 29 Regin. Eliz. was now Adjourned.
But the reason and cause is very plain why this Parliament was now Adjourned without any such Commission from her Majesty, although she herself was absent, and this was only in respect that her Highness Person was represented by Commissioners, to whom at first she had by Commission under the Great Seal delegated full and absolute power not only to begin but also to continue, Adjourn or Prorogue this instant Parliament ( ut vide on Saturday the 29 th day of October foregoing) which said Delegates or Lord's Lieutenants did here being present Adjourn the same accordingly.
Concerning which said Adjournment and these two Meetings of one and the same Parliament there hath been much mistake and difference both in the Original Journal-Book of the Upper House, and in that also of the House of Commons, in the very Rolls of the Statute of this Parliament transcribed by the Clerk of the Upper House into the Chancery, and remaining in the Chapel of the Rolls, and lastly in the very Printed Books of the Statutes thereof.
For in the first place M r Anthony Mason at this time Clerk of the Upper House, Entereth these two meetings of this one and the same Parliament in two several Books, as if they had been two several Sessions; to which mistake he was the rather induced, because divers Lord's did send their new Proxies upon the second meeting of the two Houses on Wednesday the 15 th day of February, & Anno Regin. Eliz. whereas it doth not appear that in the last Parliament de Anno 27 Regin. Eliz. that any new Proxies were then returned upon the second meeting of the two Houses after a like Adjournment. But the reason of this seemeth to be, not only in respect of this Adjournment, that it was somewhat longer than that former in the twenty seventh year of her Majesty (which lasted not full two Months, whereas this present Adjournment continued for the space of seventy five days or two Months and a Fortnight at the least.) But also because divers of the Lord's both Spiritual and Temporal, who were present at this first meeting, being desirous (as it should seem) to hear that great business of the Scottish Queen debated and resolved on, did after this Adjournment and their recesses into their several Countries get Licence of her Majesty to be absent from the second meeting of this Parliament, which ensued on Wednesday the 15 th day of February following in Anno 29 Regin. Eliz. and in which there were none but ordinary matters likely to be handled (Execution and Justice being done upon the Scottish Queen the 8 th day of February immediately preceding the said second meeting) and did thereupon send their several Proxies of which such as were unusual and extraordinary are set down in the Journal ensuing according to the several days on which they were returned.
In the second place touching the Original Journal-Book of the House of Commons these two meetings of one and the same Parliament are set down as two several Sessions, the one by M r Fulk Onslow at this time Clerk of the House of Commons, and the other by M r William Onslow his Kinsman, who being a Member of the House was Licenced by it to supply the place of the said M r Fulk Onslow, who by reason of his sickness was not able to attend, who enters this second meeting of the House of Commons upon Wednesday the 15 th day of February in these words, viz.
This present Session of Parliament holden by Prorogation, &c.
Whereas it had not been Prorogued but Adjourned, and was no new Session but merely a new meeting.
In the third place the Roll of Statutes transcribed by M r Anthony Mason into the Chancery and remaining in the Chapel of the Rolls, is entitled as followeth, Rotulus Parliament de Anno Regni Regin Elizabeth. vicesimo octavo. Whereas the words should likewise have been added, viz. & vicesimo nono.
In the fourth and last place the Printed Books of Statutes are likewise mistaken; for Christopher Barker at this time Printer to the Queens Majesty, who Printed the Statutes of this Parliament at large in Anno 1587. maketh no mention of any Parliament or meeting of Parliament in Anno 28 Regin. Eliz. but mentioneth that Book of Statutes in this manner, Anno 29 o Regin Eliz. at this present Session of Parliament holden by Prorogation at Westminster the 15 th day of February in the 29 th year of the Raign of our most gracious Sovereign Lady Elizabeth, &c. Whereas if he had entitled it truly, it should have been thus: At this present Parliament holden at Westminster the 29 th day of October in the 28 th and 29 th years of the Raign of our most Gracious Sovereign Lady Elizabeth, &c. M r Poulton also in his Abridgement of Statutes Printed by the Company of Stationers, Anno Dom. 1612. setteth down a false Title before the Statutes of this Parliament, viz. Statutes made at the Session of Parliament holden by Prorogation at Westminster the 29 th day of October, Anno 28 Eliz. and Anno Dom. 1587. &c.
In which said Title there are these two notorious and gross mistakes: The first in that he saith this Parliament was holden by Prorogation, whereas the former Parliament, held in Anno 27 o Regin. Eliz. being dissolved upon the 14 th day of September in Anno 28 Regin. ejusdem, this Parliament begun and held in the said 28 th and 29 th years of her Majesty was newly Summoned, and not held by Prorogation.
His second mistake is more gross than this, in that he allots all these proceedings to the year of our Lord 1587. whereas both meetings did begin and end during the year 1586. reckoning the year to begin upon the 25 th day of March, as in all the Journal-Books of Parliaments and the Printed Books of Statutes and all Records and private Instruments it is always observed. All which may show how great inconvenience it may bring to take up things upon trust from others without searching out the truth, seeing so many men in that which they were best skilled in, and had doubtless so industriously travelled in, yet should be so grossly mistaken; for it is not worth the proof that this was an Adjournment and not a Prorogation, seeing it is positively entered in the Original Journal-Book of the Upper House on Friday the second day of December foregoing. And likewise when the two Houses did meet again on Wednesday the 15 th day of February following, the foresaid Journal-Book beginneth thus:
Die Mercurii 15 o die Februarii Domini tam Spirituales quàm Temporales, quorum nomina subsequntur, praesentes fuerunt.
Whereas if that meeting had been a new Session, the Entrance ought to have been thus: viz.
Die Mercurii 15 o die Februarii, in quem diem hoc praesens Parliamentum Prorogatum fuerat, Proceres tam Spirituales auàm Temporales, &c. Or thus: viz. In quem diem, &c. Sessio Parliament? Prorogata fuit teneri & inchoari apud Westminster die & loco praedict. Domini tam Spiritual. quàm Temporal. quorum nomina Subscribuntur, praesentes fuerunt, &c.
To which also may lastly be added, that no Bill passing the two Houses in the first meeting of this Parliament, nay for ought that can be gathered out of the Original Journal-Book of the Upper House, no one Bill having so much as any reading there, as hath been before observed, and so no Royal Assent putting life into any one Law, it could not be a Session but a mere meeting, which continued from Saturday the 29 th of October unto Friday the second day of December in Annis 28, & 29. Regin Eliz. Anno Dom. 1586.
This doubt being thus fully cleared and the mistakings upon which it grew being likewise discovered, the residue of the Journal of this present Parliament upon the second meeting of the two Houses next ensueth.
On Wednesday the 15 th day of February Anno 29 o Regin Eliz. Anno Dom. 1586. (to which day the Parliament had been on Friday the second day of December foregoing last Adjourned) The two Houses met in their several places without any presence of the Queen or Solemnity amongst the Lord's by coming in their Robes or any other Pomp whatsoever, because this was neither new Parliament nor new Session, but a mere new meeting of either House upon an Adjournment of the former meeting thereof, which began on the 29 th day of October being Saturday in Anno 28 Regin. Eliz. as is aforesaid.
Memorandum that this day Sir Edmund Anderson Knight Lord Chief Justice of the Common-Pleas shown forth to be publicly read a Commission directed unto him from her Majesty, in which appeared that the Lord Chancellor was so visited at this time with sickness, that he was not able to travel to the Upper House to supply his room and place there; her Majesty minding the said room and place to be supplied in all things during the absence of the said Lord Chancellor, hath appointed and authorized the said Sir Edmund Anderson during the absence of the said Lord Chancellor to supply his Room, as by the Tenour of the said Commission here ensuing more fully appeareth.
ELizabeth by the grace of God Queen of England, France and Ireland, Defender of the Faith, &c. To our Trusty and right Well-beloved Sir Edmund Anderson Knight Chief Justice of our Court of Common-Pleas, Greeting. Whereas our Right Trusty and Right Well-beloved Chancellor Sir Thomas Bromley Knight Lord Chancellor of England, is at this time so visited with Sickness that he is not able to travel to the Upper-House of this our present Parliament holden at Westminster, nor there to supply the room and place in the said Upper-House among the Lord's Spiritual and Temporal there Assembled as to the Office of the said Lord Chancellor or Lord Keeper of the Great Seal of England hath been accustomed: We minding the same place and room to be supplied in all things as appertaineth for and during every time of his absence, have named and appointed you, and by these presents do constitute, name, appoint and Authorize you from day today and time to time, when and as often as the said Lord Chancellor shall happen at any time or times during this present Parliament to be absent from his accustomed place in the said Upper House, to occupy, use and supply the room and place of the said Lord Chancellor in the Upper House amongst the Lord's Spiritual and Temporal there Assembled, at every such day and time of his absence; And then and there at every such time to do and execute all such things as the said Lord Chancellor of England should or might do if he were there personally present, using and supplying the same room. Wherefore we Will and Command you the said Sir Edmund Anderson to supply the doing and Execution of the Premises with effect, and these our Letters Patents shall be your sufficient Warrant and discharge for the same in every behalf: In Witness whereof we have caused these our Letters to be made Patents. Witness our Self at Westminster the 15 th day of February in the twenty ninth year of our Reign, &c.
As soon as the said Sir Edmund Anderson had caused the foresaid Commission to be read, he took his place on the Uppermost Woolsack where the Lord Chancellor useth to sit, and in the Original Journal-Book of this Parliament, where the presence of the Lord's is noted, he is always ranked in the first place as the Lord Chancellor should have been if he had been present; with this Addition after the setting down of his name and place, Locum tenens Cancellarii, in such Order as followeth, viz.
- Archiepiscopus Cantuarien.
- Edmundus Anderson Miles, Justiciar, de Communibus Placitis, Locum tenens Cancellarii.
- Comes Sussex.
- Comes Hartford.
- Comes Lincoln.
- Vice-Comes Bindon.
-
Episcopy.
- Episcopus Winton.
- Episcopus Sarisburien.
- Episcopus Rofsen.
- Episcopus Hereforden.
-
Barones.
- Dominus Howard Admirallus.
- Dominus Hunsdon Camerarius.
- Dominus Morley.
- Dominus Cobham.
- Dominus Stafford.
- Dominus Grey de Wilton.
- Dominus Stourton.
- Dominus Sandes.
- Dominus Cromwell.
- Dominus Windsor.
- Dominus Sheffield.
- Dominus North.
- Dominus S t John de Bletsoe.
- Dominus Compton.
- Dominus Norris.
Which are all the Peers the Journal-Book noteth to have been present.
Nota, That though I do usually observe in all these Jourtials never to have the presence of the Lord's transcribed but at the beginning only of a new Parliament, or at least a new Session; yet I have observed it here though but at the beginning of a new meeting: partly because it was after a long Adjournment, and partly because many Lord's did send new Proxies: So that the presence of the Lord's before set down at the beginning of this Parliament on the 29 th day of October being Saturday, could not serve to be any rule for the presence of those that attended at this new meeting. Which is for the most part the chiefest reason why the presence of the said Lord's is marked on the first day of the Parliament, or on the next day from the first, on which they be noted, if through the Clerk of the Upper House his negligence (as it often happeneth) it be omitted on the said first day.
A second but less material cause why I have their names transcribed, is to see the due places and precedencies of the Lord's Temporal.
On this 15 th day of February lastly (although this were neither new Parliament nor new Session, but merely a second meeting of one and the same Parliament, as hath been already observed) was one unusual or extraordinary Proxy returned, which is Entred in the Original Journal-Book of the Upper House in manner and form following, viz.
15 Die Februarii introductae sunt literae Procuratoriae Thomae Episcopy Bathonien' & Welien', in quibus Procuratores suos constituit Thomam Episcopum Wintonien', Thomam Episcopum Cicestren', & Willielmum Episcopum Coventrien' & Litchfield'.
The difference between an usual and an unusual Proxy see before on Saturday the 29 th day of October in the latter end thereof (on which said day this Parliament began) where also it is set down why those ordinary ones are for the most part omitted.
Other unusual Proxies returned also at this new meeting of Parliament, vide on Friday the 17 th day, on Sunday the 19 th day, and on Saturday the 25 th day of this instant February. All which I have ever caused to be set down upon the several days on which they were returned, if the said day be particularly expressed, and not altogether before the beginning of the Parliament, as is usually observed in the Original Journal-Books of the Upper House.
Nota Lastly, that John Archbishop of Canterbury was Constituted Joint Proctor with others by five several Bishops this Parliament, of which the first Proxy was returned on Sunday the 19 th day of this instant February from John Bishop of Exeter; the second on the same Day from Richard Bishop of Durham; the third on Saturday the 25 th day of this instant February from Edmund Bishop of Worcester; the fourth on Thursday the 9 th day of March next ensuing from Hugh Bishop of Bangor, and the fifth and last on the same day from William Bishop of S t Asaph. Which with many other precedents of a like nature frequent almost in every Parliament, doth plainly prove, that any Lord Spiritual or Temporal being a Member of the Upper House is capable of as many Proxies as shall be sent unto him, by the ancient Customs and Usages of that House; although the contrary hath been of late ordered upon the..... day of ..... in the Parliaments in Anno secundo Regis Caroli.
Sir Edmund Anderson Lord Chief Justice of the Common Pleas sitting in and supplying of the place of Sir Thomas Bromley Lord Chancellor absent (as is before observed) by reason of sickness, did by the Assent of the Lord's Commissioners Adjourn the Parliament unto Wednesday next at Nine of the Clock in the Morning being a full se'night after.
Nota, That during this intervenient time of Adjournment, three unusual Proxies were delivered in unto the Clerk of the Parliament; the first of which is Entred in the Original Journal-Book of the Upper House to have been returned upon Friday the 17 th day of this Instant February in manner and form following, viz.
17 o Die Februarii introductae sunt Literae procuratoriae Anthonii vicecomitis Montague, in quibus Procuratores suos constituit Ambrosium Comitem Warwici, & Robertum Comitem Leicestren.
19 o Die Februarii introductae sunt Literae procuratoriae Johannes Episcopy Exon, in quibus Procuratores suos constituit Johannem Archiepiscopum Cantuarien', Thomam Episcopum Winton' & Johannem Episcopum Roffen'.
Item introductae sunt Literae procuratoriae Richardi Episcopy Dunelmen in quibus Procuratores suos constituit Johannem Archiepiscopum Cautuarien', Johannem Episcopum London, & Thomam Episcopum Wintonien.
Nota, That here a Temporal Lord constituted two Proctors, and two Spiritual Lord's nominated each of them three, which being extraordinary and unusual Proxies are well worthy the observation. Vide intrationes Literarum consimilium procurator' die Saturni die 29 o Octobris praecedentis in fine dici, & die Mercurii die 15 o Februar. jam instantis antea, & die Saturni die vicesimo quinto ejusdem Febr' postea.
On Wednesday the 22 d day of February the Bill toavoid fraudulent Assurances made or to be made in certain cases by Traitors was read primâ vice.
Edmundus Anderson Capitalis Justiciarius de placito communi continuavit praesens Parliamentum us{que} in diem crastinum horâ nonâ.
On Thursday the 23 d day of February the Lord's met, but it seems nothing was done, but only the Parliament continued unto a further day, the Entrance whereof in the Original Journal-Book is in manner and form following, viz.
Edmundus Anderson Miles capitalis Justiciarius de placito communi continuavit praesens Parliamentum us{que} in diem Sabbati prox. horâ nonâ.
On Saturday the 25 th day of February Two Bill of no great Moment had each of them one reading; of which the second being a Bill to avoid fraudulent Assurances made or to be made in certain Cases by Traitors was upon the second reading committed unto the Archbishop of Canterbury, the Lord Steward and others.
This day was one unusual Proxy returned, which is Entred in the Original Journal-Book of the Upper House in manner and form following, viz.
25 o Die Februarii introductae sunt Literae procuratoriae Edmundi Episcopy Wigorn, in quibus Procuratores suos constituit Johannem Archiepiscopum Cantuariensem, Johannem Episcopum London, & Johannem Episcopum Roffen.
Nota, That it doth not appear whether this Proxy was delivered unto the Clerk of the Upper House in the said House sitting the Court, or elsewhere; but it is probable that it might be this Forenoon before the rising of the Lord's.
Dominus Capitalis Justiciarius de placito communi continuavit praesens Parliamentum usque in diem Lunae prox' horâ octavâ.
On Monday the 27 th day of February the Bill for Restraint of Horse-stealing and other Felonies was upon the second reading committed.
Dominus Capitalis Justiciarius de placito communi continuavit praesens Parliamentum usque in diem Jovis prox'horâ nonâ.
On Thursday the 2 d day of March there was brought from the House of Commons one Bill, which being for explanation of the Law touching certain ambiguous questions and strifes of late risen about Fines and Recoveries levied before the Justices of the Common Pleas, where unto they are parties, was read the first time.
Lect. sunt The Amendments for the Bill to avoid fraudulent Assurances made or to be made in certain Cases by Traitors; & lect. sunt the Amendments for the Bill of Horse-stealing and other Felonies.
In the Journal-Book is no entrance or mention of any Amendments by the Committees thought fit to be added to both or either of the said Bills, nor of the delivery back of the said Bills or either of them by the Committees into the House, which seemeth to have been the Error of the Clerk by that which followeth on Thursday the ninth day of March. where it is plain that this was the first reading of these Amendments.
Dominus Capitalis Justiciarius de placito communi continuavit praesens Parliamentum usque in diem Sabbati prox. horâ consuetâ.
On Saturday the 4 th day of March the Bill for the Explanation of the Law touching certain ambiguous questions and strifes of late risen about Fines and Recoveries levied before the Justices of the Common Pleas, whereunto they are parties, was read secundâ vice.
Dominus Capitalis Justiciarius de placito communi continuavit praesens Parliamentum usque in diem Lunae prox. horâ nonâ.
On Monday the 6 th day of March the Bill for the Explanation of the Law touching certain ambiguous questions and strifes of late risen about Fines and Recoveries levied before the Justices of the Common Pleas, whereunto they are parties, was read the third time, & communi omnium Procerum assensu conclusa.
Dominus Capitalis Justiciarius de placito communi continuavit praesens Parliamentum usque in diem crastinum horâ oct avâ.
On Tuesday the 7 th day of March the Bill for the restraint of Horse-stealing and other Felonies was read tertiâ vice, & communi omnium Procerum assensu conclusa.
There was brought to the Lord's from the House of Commons the Bill for one entire Subsidy and two Fifteenths and Tenths granted by the Temporalty.
On Wednesday the 8 th day of March the Bill for one entire Subsidy and two Fifteenths and Tenths granted by the Temporalty, was read primâ vice.
On Thursday the 9 th day of March the Bill for the Grant of one entire Subsidy and two Fifteenths and Tenths granted by the Temporalty was read tertiâ vice, & communi omnium Procerum assensu conclusa.
Nota, That in the Journal-Book there is no entrance or mention of the second reading of this Bill, which doubtless happened through the negligence of M r Anthony Mason at this time Clerk of the Upper House.
The Amendments in the Bill to avoid fraudulent Assurances made or to be made in certain cases by Traitors, were read.
On Saturday the 11 th day of March three Bills of no great moment were brought up to the Lord's from the House of Commons; of which the first appointing the wideness of the Mask of Nets for taking Herrings and Smelts in Oxford Haven, and the Gull was read primâ vice.
Introducta est Billa pro Subsidio Cleri, quae primâ & secundâ vice lect' est & commiss' ad ingrossandum.
The Bill to avoid fraudulent Assurances made in certain cases by Traitors was read tertiâ vice, quae communi omnium Procerum assensu conclusa est, & tradit' Doctori Ford & servienti Gawdy in Domum Communem deferend'.
A Bill for the better and more speedy execution of certain branches of the Statute made in the 23 d year of the Queens Majesty's Reign, entitled, An Act to restrain the Queens Majesty's Subjects in their due obedience, was read primâ vice.
The House of Commons made request to the Lord's to have Conference with some of their Lordships what number it should please their Lordships to appoint. Whereupon the Lord's made choice of these following, viz. the Archbishop of Canterbury, the Archbishop of York, the Lord Steward, the Earl of Kent, the Earl of Worcester, the Earl of Rutland, the Earl of Hartford, the Earl of Leicester, the Bishop of London, the Bishop of Winchester, the Bishop of Salisbury, the Lord Hunsdon Lord Chamberlain, the Lord Morley, the Lord Cobham, the Lord Grey, the Lord Stafford, the Lord Stourton, the Lord Cromwell, the Lord North, the Lord Delaware and the Lord Norris.
After Conference had with the Committee of the Lower House, this present day the said Committee made Report unto the whole House, that the House of Commons made humble Suit unto their Lordships to have their Lordships to join with them in a Contribution or Benevolence for the Charges of the Low Countries Wars, which they of the House of Commons meant to offer unto her Majesty. How they meant to proceed therein was opened by the Archbishop of Canterbury. Upon which Report of the Committee the Lord's thought good to defer their Answer until Monday next.
But it appeareth not by the Original Journal-Book of the Upper House or of the House of Commons, that any such Answer was given by their Lordships upon the said Monday being the 13 th day of this instant March ensuing. Vide die Mercurii die 15 o Martii sequentis in sine diei.
On Monday the 13 th day of March six Bills of no great moment had each of them one reading; of which the first being the Bill for one Subsidy granted by the Clergy was read tertiâ vice, and the Bill touching Oxford Haven was read secundâ & tertiâ vice.
On Tuesday the 14 th day of March the Bill for confirmation of the Sale of Edward Fishers Lands made towards satisfaction of his Debts, Charges and Incumbrances, was brought from the House of Commons, and read primâ vice. Vide plus concerning this matter on the day following.
The Bill for Confirmation of the Attainder of Thomas late Lord Paget and others was read tertiâ vice, & communi omnium Procerum assensu conclusa & expedita, dissentiente Domino Darcy, who is sometimes called the Lord Darcy of Meinel.
Two Bills of no great moment had each of them one reading, being the last reading, and thereupon passed; of which the second being the Bill for the more speedy and due execution of certain branches of the Statute made in the 23 d year of the Queens Majesty's Reign, entitled, An Act to retain the Queens Majesty's Subjects in their due obedience, was expedited communi omnium Procerum assensu, dissentiente solummodo Comite Rutland. Which two Bills aforesaid were sent down to the House of Commons by the Queens Attorney and Doctor Carew.
Two Bills were brought up to the Lord's from the House of Commons, whereof the first being an Act of one Subsidy granted by the Clergy was returned expedited; and the other was the Bill for the payment of the Debts and Legacies of Sir Gerrard Croker Knight deceased and of John Croker Esq his Son.
On Wednesday the 15 th day of March the Bill for the payment of the Debts and Legacies of Sir Gerrard Croker Knight, and of the Debts of John Croker Esq his Son, was read primâ vice.
Two Bills were brought up to the Lord's from the House of Commons, whereof the first being a Bill touching Errors in Records of Attainders of High Treason was read primâ vice & commissa; and the second being a Bill for repealing of a Statute made in the 23 d year of the Queens Majesty's Reign touching the bringing in Fish into this Realm, was read primâ vice & commissa.
The Bill for the confirmation of the Seal of Edward Fishers Lands made towards the satisfaction of his Debts, Charges and Incumbrances was read secundâ vice. Whereupon the Lord's ordered that Edward Fisher now in the Fleet should be brought before them tomorrow at nine of the Clock, and that he should bring his learned Counsel with him: And that the Parties who follow the said Bill, should have like warning to be there with their learned Counsel.
Nota, That this very Bill or some other to the same purpose had divers readings, and was often debated in the Parliament, both in the Upper House and in the House of Commons, but passed not. And there it seemeth, that the same or a new Bill to the like purpose was now again offered unto the House. Vide the first reading of it upon Tuesday immediately foregoing.
The Lord's Committees made Report unto the whole House, that upon divers Conferences had with the Committees of the Lower House touching their Request made to the Lord's to join with them in Petition to her Majesty about a Benevolence or Contribution, which they of the House of Commons thought good to offer unto her Majesty; the said Lord's Committees thought it not fit, for divers reasons, to join with the House of Commons herein. Which reasons when the whole House had heard and considered, their Lordships did resolve that the House of Commons should be left to themselves, and their Lordships would take such order therein for themselves as to them should seem convenient. Vide plus concerning this matter on Saturday the 11 th day of this instant March foregoing.
On Thursday the 16 th day of March the Committees in the Bill for the repealing of a Statute made in the three and twentieth year of the Queens Majesty's Reign touching the bringing in of Fish into this Realm, according to the Lord's appointment delivered their opinions and reasons by the Lord Chief Baron touching the said Bill; which when the Lord's had heard and considered, they ordered that the said Bill for the Repeal of the said Statute should be rejected.
This day was chosen a new Committee to resolve upon somewhat touching the Contribution, viz. the Archbishop of Canterbury, the Archbishop of York the Lord Steward, the Earl of Kent, the Earl of Worcester, the Earl of Rutland, the Earl of Hartford, and the Earl of Leicester; the Bishop of London, the Bishop of Winton, and the Bishop of Salop; the Lord Chamberlain, the Lord Morley, the Lord Cobham, the Lord Gray, the Lord Stafford, the Lord Stourton, the Lord Cromwell, the Lord North, the Lord Delaware and the Lord Norris.
The Lord's Committees last named upon Conference had betwixt them in respect of the great Charges that her Majesty hath sustained heretofore, and that her Highness shall be enforced hereafter to be at for the defense of this Realm and other her Majesty's Dominions, did resolve amongst themselves freely to give to her Majesty two shillings in the pound, after the rate of the valuation of the Subsidy of the Temporality granted in this present Session of Parliament, to be paid unto such persons and at such time as it shall please her Majesty to appoint. Which being after openly declared to the whole House, the Temporal Lord's (in as much as the Lord's Spiritual had made former offer of Contribution unto her Majesty) did all together with one consent most willingly ratify the said resolution, both touching the Sum and the payment thereof; and ordered that this their free gift should be entered upon Record: And that such of the Lord's of her Majesty's Privy Council as were there present, should signify the same to her Highness in all their Names.
On Friday the 17 th day of March a Bill touching Errors in Records of High Treason was read secundâ & tertiâ vice & conclusa.
On Saturday the 18 th day of March the Bill for the confirmation of the Sale of Edward Fishers Lands made towards the satisfaction of his Debts, Charges and Incumbrances, with certain amendments in a Schedule added unto the said Bill, was read tertiâ vice & communi omnium Procerum assensu conclusa, & tradita Doctori Barkley & Doctori Carew in Domum Communem deserend'. Vide concerning this matter on Tuesday the 14 th day, and on Wednesday the 15 th day of this instant March foregoing.
Two Bills were brought up to the Lord's from the House of Commons; of which the first being a Bill touching Exemplifications and Constats of Original Conveyances made to the Queens Majesty, was read primâ vice.
On Monday the 20 th day of March two Bills of no great moment had each of them one reading; whereof the second being a Bill for the limitation of time touching Writs of Error upon Fines and Recoveries, was read secundâ vice.
Six Bills of no great moment were this day, lastly, brought up to the Lord's from the House of Commons; of which the first being for the Sale of Edward Fishers Lands was returned expedited; and the second was a Bill for the more speedy and due Execution of certain branches of the Statute made in the twenty third year of the Queens Majesty's Reign, entitled, An Act to retain the Queens Majesty's Subjects in their due obedience, with an amendment, and a provision annexed, quae communi omnium Procerum assensu conclusa & expedit'; and the third being the Bill for continuance of Statutes was read primâ vice.
On Tuesday the 21 th day of March primâ, secundà & tertiâ vice lect' sunt the Amendments of the Bill to avoid fraudulent Assurances made in certain cases by Traitors, quae commumi omnium Procerum assensu conclusa, & tradit' servienti Gawdy & Doctori Carew in Domum Communem deserend'.
Two Bills also of no great moment had each of them one reading; of which the first being a Bill for limitation of time touching Writs of Errors upon Fines and Recoveries, was read tertiâ vice, & communi omnium Procerum assensu rejecta est.
Two Bills were sent up to the Lord's from the House of Commons, which (as it seemeth) were of so little moment, as that they are omitted in the very Original Journal-Book of the Upper House.
On Wednesday the 22 th day of March the Bill for the continuance and perfecting of divers Statutes was read secundâ & tetriâ vice, and sent to the House of Commons by Serjeant Gawdy and Doctor Carew, being first passed by the Lord's with an Amendment.
The first reading of this Bill appeareth not in the Original Journal-Book of the Upper House; and by that which followeth on Thursday the 23 d day of this instant March following, it is plain that the Entrance of the several readings of this Bill with the Amendments thereof, is much mistaken and confounded through the great negligence of M r Anthony Mason, at this time Clerk of the Upper House.
A Bill for the Sale of Thomas Hanford's Lands, was brought up to the Lord's from the House of Commons.
The Lord's having before passed a Bill to the same effect, and sent it down to the House of Commons, and they having rejected it without any Conference first desired and had with their Lordships; therefore the Lord's thought it a Precedent so strange and so far different from the Orders of this House, that they of the House of Commons should reject a Bill sent from this House without Conference, and frame a new Bill to the same effect and send it up, that they did resolve to put it to the Question, Whether this new Bill should by the Orders of this House be read here or not. The whole House being particularly asked their opinions herein with one assent, concluded (not one gainsaying) that it should not be read.
On Thursday the 23 d day of March the Bill for the continuance and perfecting of divers Statutes was read secundâ & tertiâ vice, & communi omnium Procerum assensu conclusa, with the Amendments. Vide concerning this matter in the beginning of the day immediately foregoing being Wednesday; for it should seem that the Bill itself was then read primâ & secundâ vice, and the Amendments only at this time, although they be both set down very confusedly through the negligence of the Clerk of the Upper House.
The Bill for the Queens Majesty's most gracious, general and free Pardon communi omnium Procerum assensu conclusa, & tradit' servienti Gawdy & Doctori Carew in Domum Communem deferend'. Which said Bill was brought back again this morning from the said House of Commons unto the Lord's, with another Bill which was for the continuance and perfecting of divers Statutes.
There is no other or further business of this day set down in the Original Journal-Book of the Upper House, save only her Majesty's Royal Assent given to divers Bills which had passed both Houses, although she herself was absent, which was done by her Majesty's Letters Patents under the Great Seal. Which because of the rarity of the Precedent, are here verbatim transcribed, together with the manner and solemnity of this days meeting, out of the said Original Journal-Book in manner and form following, viz. Hodie quum omnes Proceres Robis Parliament aribus induti in suo quis{que} loco sederent, & Prolocutor de Domo Communi unà cum omnibus qui ad hoc praesens Parliamentum summoniti suerant, & Militibus, civibus & Burgensibus accersitis praesto esset Edmundus Anderson Miles, Capitalis Justiciarius de placito communi, quia Cancellarius nondum convaluit, exponit omnibus Regiam Majestatem magnis & urgentissimis quibusdam negotiis adeo esse impeditam, ut non queat impraesentiar' commode interesse: Tamen, inquit, sua Majestas imperavit mibi, ut suo nomine vobis hîc praesentibus declarem, quibus Legibus seu Statutis à vobis in hoc praesenti Parliamento pro vestra parte stabilitis velit Regium assensum suum adhibere, sine quo Legum vigorem obtinere non debent, sicuti vos probe nôstis. Et hiis dictis protendit Clerico Parliamentor' quasdam Literas sub magno Sigillo Angliae Patentes, quos ipse publice legit. Literae autem scriptae fuerunt in haec verba.
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 the Lord's Spiritual and Temporal, and to our Trusty and well-beloved the Knights, Citizens and Burgesses, the Commons in this present Parliament Assembled, Greeting. We have seen and perfectly understand divers and sundry Acts and Ordinances annexed and affiled to these Presents, agreed and accorded by our loving Subjects the Lord's Spiritual and Temporal and the Commons in this our present Parliament assembled, and severally indorsed by you as hath been accustomed; The Titles and names of which Acts hereafter do particularly ensue (that is to say) an Act for the Confirmation of the Attainders of Thomas late Lord Pagett and others; An Act concerning Errors in Records of Attainders of High-Treason; An Act to avoid frandulent Assurances made in certain Cases by Traitors; An Act to prevent Extortion in Sheriffs, Under-Sheriffs and Bailiffs of Franchises or Liberties in Cases of Execution; An Act for the Continuance and perfecting of divers Statutes; An Act for the more speedy and due Execution of certain Branches of the Statute made in the 23 d year of the Queens Majesty's Raign entitled An Act to retain the Queens Majesty's Subjects in their due obedience; An Act for the Confirmation of the Sale of Edward Fishers Lands made towards satisfaction of his Debts, Charges and Incumbrances; An Act of one Subsidy granted by the Clergy; An Act for the Grant of one entire Subsidy and two Fifteenths and Tenths granted by the Temporalty; An Act for the Queens Majesty's most gracious, general and free Pardon: And albeit the said several Acts and Ordinances by you our said Subjects the Lord's and Commons in this our present Parliament Assembled be fully agreed and consented unto, and seem very necessary and profitable for the Commonwealth, which nevertheless be not of any force or effect in the Law without our Royal Assent given and put to the same Acts and Ordinances and every of them; And forasmuch as for divers great and urgent Causes and Considerations, We cannot conveniently at this present be personally in our Royal Person in our Higher House of Parliament, being the place accustomed to give our Royal Assent unto such Acts and Ordinances as have been agreed upon by our said Subjects the Lord's and Commons; We have therefore caused these our Letters Patents to have been made, and have signed and caused the same to be Sealed accordingly, And by the same do declare and notify as well to you the Lord's Spiritual and Temporal and the Commons aforesaid, as to all and singular other our loving Subjects, That we by these Presents do give & put our Royal Assent to all and singular the said Acts and Ordinances, and to all Articles, Clauses and Provisions in them contained, and be fully agreed and consented to all and every the said Acts, willing that the said Acts and every Article, Clause, sentence and provision in them contained, from henceforth shall be of the same strength, force and effect as if we had been personally present in the said Higher House, and had openly and publicly in the presence of you all assented to the same; Commanding also by these Presents as well our Chancellor of England to seal these our Letters Patents with our great Seal, as our Trusty and well-beloved Sir Edmund Anderson Knight our Chief Justice of our Common Pleas, to declare and notify this our Royal Assent in our absence in the said Higher House in the presence of you the said Lord's Spiritual and Temporal and the Commons of our Parliament 〈◊〉 to be assembled for that purpose, and the Clerk of our Parliament to Indorse the said Acts with such Terms and Words in our Name as is requisite and hath been accustomed for the same; And also to Inrol these our Letters in the said Parliament Roll; and these our Letters Patents shall be to every of them sufficient Warrant in that behalf: And finally declare and will that after this our Royal Assent given and passed by these Presents, and declared and notified as is aforesaid, That then immediately the said Acts and every of them shall be taken, accepted and admitted good, sufficient and perfect Laws, to all intents, Constructions and purposes, and to be put in due Execution accordingly, the Continuance or Dissolution of this our Parliament, or any other Use, Custom, thing or things to the contrary thereof notwithstanding.
In Witness whereof We have caused those our Letters to be made Patents. Witness our self at Westminster the 23 th day of March in the 29 th year of our Reign.
Per ipsam Reginam.
Nota, That the Clerk of the Parliament having read the said Letters Patents before set down, Sir Edmund Anderson Knight Lord Chief Justice of the Common Pleas (still supplying the place of Sir Thomas Bromley Knight Lord Chancellor) delivered other Letters Patents unto the said Clerk openly to be read, whereby eight several Commissioners were nominated and authorized to dissolve the Parliament, viz. The Archbishop of Canterbury, the Archbishop of York, the Earl of Shrewsbury Earl Marshal of England, the Earl of Darby Lord Steward, the Earl of Kent, the Earl of Leicester Master of her Majesty's Horse, the Lord Howard Lord Admiral of England, Lord Hunsdon Lord Chamberlain, and the Lord Cobham Lord Warden of the Cinque-Ports. For doubtless unless a new Commission had come forth by which these before-named Honorable Personages had been de novo nominated to this purpose, the three Commissioners at first appointed in the beginning of this Parliament (which see at large upon Saturday the 29 th day of October foregoing) might without any other new authority though not have Dissolved the Parliament, yet have Prorogued it to a further day, as they had formerly Adjourned it upon Friday the second day of December foregoing unto Wednesday the 15 th day of February next ensuing, which was for ten weeks space at the least: but that former Authority being now at an end by these new Letters Patents, the manner of their delivery, the removal of the new Commissioners in them nominated, and the Commission lastly itself are thus verbatim set down in the Original Journal-Book of the Upper House.
Postquam vero Clericus Parliament. has Literas palàm perlegisset, Edmundus Anderson Miles alias etiam Literas Patentes eidem Clerico Parliamenti publice legendas tradidit: atque hîc notandum est omnes Dominos Commissionarios in Literis patentibus nominatos locis suis relictis in medio banco consedisse dum diclae Literae legerentur: Earum autem tenor hic sequitur.
ELizabetha Dei gratiâ Angliae, Franciae & Hiberniae Regina, fidei Defensor, &c. Reverendissimo in Christo Patri ac Consiliario suo Johanni Cantuarien Archiepiscopo, totius Angliae Primati & Metropolitano, ac Reverendissimo in Christo Patri Edwino Archiepiscopo Eboracen. Angliae Primati & Metropolitano; ac etiam chavissimis Consanguineis & Consiliariis suis Georgio Comiti Salop Comiti Marescallo Angliae, Henrico Comiti Darbiae magno Seneschallo; necnon charissimo Consanguineo & Consiliario suo Henrico Comiti Kantiae, ac charissimo Consanguineo & Consiliario suo Roberto Comiti Leicestr. Magistro Equorum suorum; ac etiam praedilectis & fidelibus Consiliariis suis Carolo Domino Howard magno Admirallo suo Angliae, Henrico Domino de Hunsdon Domino Carmerario suo, & Willielmo Domino Cohham Domino Gardiano quin{que} Portuum suorum, Salutem. Cùm nuper pro quibusdam arduis & urgentibus negotiis, nos, statum & desensionem Regni nostri Angliae ac Ecclesiae Anglicanae concern praesens hoc Parliamentum nostrum apud Civitatem nostram Westmonasterii decimo quinto die Octobris ultimo praeterito inchoari & teneri ordinaverimus, in & à quo dic idem Parliamentum nostrum us{que} ad & in vicesimum septimum ejusdem mensis Octobris prorogat fuerat, eodem{que} die idem Parliamentum nostrum us{que} ad & in vicesimum nonum diem dicti mensis Octobris prorogat' fuerat, ac ibid' tunc tent' & continuat' fuerat us{que} ad & in secundum diem Decembris tunc proximum sequentem; Eódem{que} die idem Parliamentum nostrum us{que} ad & in decimum quintum diem Februarii tunc prox' sequent' adjournat' fuit; Eodem{que} die idem Parliamentum nostrum tunc & ibidem tent' & continuat' fuerat us{que} ad & in vicesimum tertium diem instantis mensis Martii: Sciatis tamen certis urgentibus causis & considerationibus nos specialiter moven' idem Parliamentum nostrum hoc instant vicesimo tertio die Martii duximus dissolvend'. De fidelitate igitur, prudentiâ & circumspectione vestris plurimùm confident' de avisamento & assensu Concilii nostri assignavimus vos & aliquos tres vel plures vestrum Commissionarios nostros, dantes vobis & aliquibus tribus vel pluribus vestrum, tenore praesentium, plenam potestatem, facultatem & authoritatem hoc instant vicesimo tertio die Martii ad dictum Parliamentum nostrum Nomine nostro plenar' dissolvend'. Et ideo vobis Mandamus quod vos, aliqui tres vel plures vestrum idem Parliamentum nostrum eodem instant vicesimo tertio die Martii virtute harum Literarum Patentium Nomine nostro plene dissolvatis & determinetis. Et ideo vobis Mandamus quod circa praemissa diligenter intendatis, ac ea in forma praedicta effectualiter expleatis & exequamini. Damus autem universis & singulis Archiepiscopis, Marchionibus, Comitibus, Vicecomitibus, Episcopis, Baronibus, Militibus, Civibus & Burgensibus, ac omnibus aliis quorum interest ad dictum Parliamentum nostrum conventur' tenore praesentium firmiter in mandatis, quod vobis in praemissis pareant, obediant & intendant in omnibus prout decet. In cujus rei testimonium has Literas nostras sieri secimus Patentes. Teste meipsa apud Westmonasterium vicesimo tertio die Martii Anno Regni nostri vicesimo nono.
Per ipsam Reginam. Powle.
It should seem that the reading of these Commissions and the Dissolution of this Parliament were all of them finished this Thursday the 23 th day of this instant March in the Forenoon, for else there must have been some other continuance of it by the Lord Chief Justice of the Common Pleas supplying the place of the Lord Chancellor upon the rising of the Lord's to dinner unto some hour in the Afternoon; which may very well be, in respect that although the Queens Majesty came usually in Person to give her Royal Assent in the Afternoon, yet that being now performed after an unusual and extraordinary manner by her Majesty's Letters Patents, or a Commission under the Great Seal, the time was also altered: So that though this Parliament were not long in continuance (for both the meetings thereof put together make but ten weeks at the most) yet it had many weighty matters debated in it, and this Journal of the Upper House is richly stored with rarer Precedents than any other of all the Queens time.
Finally, Her Majesty's loving Subjects considering the great Charges she sustained by the maintenance of the Low Countries Wars, and withal in a manner foreseeing the stupendous preparations of Spain (at this time most intentive in providing and furnishing of that mighty Armado styled afterwards Invincible ) did not only grant unto her Majesty one entire Subsidy and two Fifteenths and Tenths (as the Clergy had also granted unto her one other Subsidy) but did likewise consult in either House severally (for the Lord's refused to join with the House of Commons therein) concerning a Contribution to be bestowed upon her Majesty in like sort also towards the further and better support of those foresaid continual and chargeable Wars of the Netherlands.
THE JOURNAL OF THE House of COMMONS.
An Exact, large and very perfect Journal of the Passages of the House of Commons in the Parliament holden at Westminster, Anno 28 Reginae Eliz. Anno Domini 1586. which began there on Saturday the 29 th Day of October (after two several Prorogations thereof) and there continued until it was at length Dissolved on Thursday the 23 th Day of March, Anno 29 Reginae ejusdem.
THE Passages of this Journal of the House of Commons are fully replenished with excellent and rare matter both in respect of the business of Mary Queen of Scots handled in the first meeting, and of the public dangers threatened against her Majesty's person and Realms discussed in the second meeting of this Parliament; in which also there wanted not the passing of divers good and wholesome Laws, and the discussing of many emergent disputes touching the private affairs of the said House: all which are in themselves very useful and worthy of observation.
Although the Parliament had been summoned to have begun upon Saturday the 15 th day of October in Anno 28 Reginae Eliz. yet it held not, but was on the said day further Prorogued unto Thursday the 27 th day of the same Month, upon which said day it was lastly Prorogued unto Saturday the 29 th day of the same next ensuing.
On which said 29 th day of October the Parliament held accordingly, although her Majesty came not in person, but appointed by her Letters Patents under the Great Seal, the Archbishop of Canterbury, the Lord Burleigh Lord Treasurer, and the Earl of Darby Lord Steward, or any two of them, her Delegates or Commissioners in her Majesty's name and stead to begin this said Parliament, and the same further to hold, continue, Adjourn or Prorogue as to them should seem fitting and needful.
The Lord's therefore being set, the Knights, Citizens and Burgesses of the House of Commons had notice thereof, and thereupon repaired unto the Upper House, and as many as could conveniently being let in, Sir Thomas Bromley Knight Lord Chancellor shown that the Queens Majesty was withheld by some very great and important occasions, so that she could not be there personally present at this time, but yet had appointed some other Honorable personages there present to supply her place, and in her name to begin the said Parliament. And then the same Letters Patents were read. After which the foresaid three Commissioners leaving their places went to a Seat prepared for them on the right side of the Chair of State, who being so placed the Lord Chancellor did Lastly declare, that the mere cause for which this Parliament had been so suddenly called at this time, was upon the discoveries of the late most great and horrible Treasons plotted for the taking away of her Majesty's Life, and the subversion of true Religion, and that one great offender therein did yet remain, touching whose punishment her Majesty did crave their faithful advice; and therefore wished those of the House of Commons to make present choice of someone amongst them to be their Speaker, and to present him unto the Lord's Lieutenants or Lord's Commissioners as soon as conveniently they might.
Whereupon the Knights, Citizens, Barons and Burgesses of the House of Commons repairing to their said House did there elect and choose John Puckering Serjeant at Law their Prolocutor (who had been Speaker also the last Parliament.)
Nota, That there is not any one word of all this before set down in the Original Journal-Book of the House of Commons de annis istis 28 o & 29 o Reginae Eliz. which is very defective not only here but in some other places thereof: but that which is before set down is for the most part gathered out of the Original Journal-Book of the Upper House, and only perfected in some places in matter of form, and yet the Titles of the aforesaid three days are set down in three blank Pages.
On Monday the 31 th day of October her Majesty's Person was again represented by those aforesaid three Lord's Commissioners constituted by her Majesty's Letters Patents on Saturday the 29 th day of this instant October foregoing.
These being set in the Upper House with divers other Lord's in their Parliamentary Robes, the Knights, Citizens and Burgesses of the House of Commons had notice thereof and repaired thither with John Puckering Serjeant at Law their Speaker, who was according to the usual course presented unto the said Lord's Commissioners, and by them admitted; who answered to these his three Petitions of course made in the name of the House of Commons for liberty of Access, for freedom of Speech, and freedom from Arrests and Suits, and lastly for Pardon for himself, that the said House of Commons and himself should enjoy and use all such privileges and freedoms as had in the like case been enjoyed by any others in the times of her Majesty's most noble Progenitors. Whereupon the said Knights, Citizens and Burgesses with their Speaker departed to their own House.
Nota, That there is not any word of all this presentment of the Speaker in the Original Journal-Book of the House of Commons, but only the very Title of the day is thus set down in a blank Page thereof Lunae xxxj. Octobris 1586. and the whole matter ensuing by the great negligence of M r Fulk Onslow at this time Clerk of the House of Commons is wholly omitted, which also happened in the setting down of the three foregoing days of this Journal, upon the two first of which the Parliament had been further Prorogued, and upon the third received its beginning: in all which the Titles only of the days are set down in the upper part of three several blank Pages (as is beforesaid) with intention doutless at first to have inserted the passages of each day; and therefore it is the more strange that it was never perfected, and argueth the greater neglect, because the said M r Onslow did live many years in the place of Clerk of the House of Commons after the Dissolution of this Parliament, by which means, if these foregoing day had not been supplied out of the Original Journal-Book of the Upper House, this other Journal of the House of Commons had remained very imperfect and unuseful.
And yet at the end of the aforesaid blank Page or bottom thereof, in which the Title of this present Monday the 31 th day of October is inserted, there followeth the reading of one Bill, which is usually done after the Knights, Citizens and Burgesses of the House of Commons do return from the Upper House with their Speaker newly admitted upon their presentment of him; which said Bill read at this time upon their return is entered in manner and form following, viz.
The Bill touching Inrollments the first reading.
After the reading of this Bill the House did without all question Adjourn itself unto Thursday the third day of November ensuing, although there be no mention thereof in this said Journal-Book of the House of Commons, which must (as all other defects) be imputed to the former neglect. And yet this Adjournment may be collected, not only by a like Adjournment of the Lord's unto Friday the 4 th day of November aforesaid, and by other Adjournments very frequent in the House of Commons during this first meeting of the present Parliament; but also out of the very Entrance of the said Thursday following, which is on the very next Page after the Entrance of the before mentioned Bill, which is never used to be done if any other days passages should have intervened between. And therefore it would not be amiss now once for all to observe the cause and ground why the House of Commons did so often at this first meeting of this Parliament Adjourn itself contrary to the usual practice both of former and latter times, which was no other than the handling of that great and unusual business touching the Scottish Queen, and leaving or forbearing to treat of other ordinary matters usual in the House.
For by this means it happened that the Original Letters and other proofs produced against the said Scottish Queen for the discovery of her being guilty of the Teason plotted by Ballard, Babington and others, being all first laid open and urged before the Lord's in the Upper House, and not at large discussed in the House of Commons till they had been derived unto them from the said Upper House by several Committees; It was the only means and cause that the said House of Commons did for want of matter and employment so often Adjourn itself: Whereas usually at other times the passing of Bills with the matter of Subsidy and public grievances being first debated in the said House and from them derived to the Lord's, their Lordships are often necessitated in the beginning of each Parliament for want of like employment to Adjourn themselves.
On Thursday the third day of November, to which day the Parliament had been on Monday the 31 th day of October foregoing last adjourned, M r Speaker shown unto the House, that he received Commandment from my Lord Chancellor from her Majesty to signify unto them, that her Highness was sorry this House was troubled the last sitting thereof with the matter touching the choosing and returning of the Knights for the County of Norfolk: a thing in truth impertinent for this House to deal withal, and only belonging to the Charge and Office of the Lord Chancellor, from whence the Writs for the same Elections issued out, and are thither returnable again. And also that her Majesty had appointed the said Lord Chancellor to confer therein with the Judges. And so thereupon examining the said Returns, and the Sheriff, touching the matter and circumstances of his proceedings in the said Elections, to set down such course for making the true Return as to Justice and Right shall therein appertain.
Two Bills had each of them one reading; of which the first being the Bill for Orford-Haven, had its first reading; and the second being the Bill touching Inrollments, had its second reading.
One of the House offering to speak to this Bill, M r Vice-Chamberlain stood up, and shown unto this House, that having matter of most great importance to deliver unto this House from her Majesty, he was so bold with their good favors for this time to interrupt the Speech intended to the said Bill by the Gentleman that offered to speak to the said Bill; and so then shown, that her Majesty thinking that all those of this House which were lately in the higher House when the Lord Chancellor declared the cause of her Highnesses summoning of this Parliament, could not hear the same, and also that many of the Members of this House now here present, were not then come up or returned, commanded him to deliver unto this House the summary cause of her Majesty's calling and assembling of this great Council at this time, which was (he said) not to make anymore Laws as being many more already than well executed, nor yet for any Subsidy, albeit, if need so required, the same were convenient enough to be done; but (said he) to consult for such matters as the like were never erst heard of, nor any Parliament called for in former time that can be found or read of. And so very excellently, plainly and effectually made relation of the horrible and wicked practices and attempts caused and procured by the Queen of Scots so called, merely tending to the ruin and overthrow of the true and sincere Religion established in this Realm, the Invasion of Foreign Forces into this Realm, Rebellion and Civil Wars and dissension within this Realm: yea and withal (which his heart quaked and trembled to utter and think on) the death and destruction of the most Sacred Person of our most Gracious Sovereign Lady the Queens Majesty, to the utter desolation and conquest of this most Noble Realm of England. And so discoursing of the matter and great execrable Treacheries and Conspiracies of the said Queen of Scots even from the first to the last in particularities very amply and effectually (such of them at the least as have been hitherto discovered) showing also very manifestly and evidently the proofs and all other circumstances of the same Treachery and Conspiracies; and so thinketh good for his part that speedy Consultation he had by this House for the cutting of her off by course of Justice, for that otherwise our said Sovereign Lady the Queens Majesty's most Royal Person cannot be continued with safety, concludeth with this Sentence,
Which done, M r Chancellor of the Exchequer, M r Chancellor of the Duchy, and M r Secretary Woolley using each of them severally very effectual Speeches at large touching the said horrible Treasons and Conspiracies caused and procured by the said Queen of Scots, the House did then rise, the time being far spent, with reservation nevertheless by M r Speaker remembered for further Speech therein to be had by others of this House tomorrow again, and a saving also till some other more convenient time for such of this House as shall please to speak to the said Bill of Inrollments upon the said second reading of the same accordingly. Vide 7 th November, Monday.
On Friday the 4 th day of November M r Recorder of London having made Declaration unto this House, that divers of the Members of the same do find themselves grieved for that their Servants attending upon them, are daily arrested contrary to the ancient Liberties and Privileges of this House, and having further moved also that a like Committee of this House may at this time be appointed, as had been the last Parliament for the examining and reporting Cases of Privilege; It was resolved and agreed by the House, that the same shall be exercised and done accordingly: And for the performance thereof the said M r Recorder, Sir Henry Gate, M r Robert Wroth and M r William Fleetwood were appointed by the Authority of the House.
Upon the Motion of M r Speaker putting the House in remembrance of continuing and further prosecuting of the great Cause they dealt in: yesterday divers Speeches were made to that effect by Sir James Croft Comptroller of her Majesty's Household Sir Francis Knowles Treasurer of the same, Sir William Herbert, Sir Thomas Scot, M r Francis Bacon, M r Alford, M r Throgmorton, M r Barker, M r Dalton, M r Biynbrigg, and M r Solicitor; by all which it was concluded, That considering the late horrible Treasons and Practices conspired against the Life of the Queens Majesty, and also for the procuring of Foreign Invasion in respect of the Attempt; and also for endeavoring to raise Rebellion within the Realm for and by Mary late Queen of Scots, therefore of necessity present remedy and provision must be had for preventing the like attempts and practices hereafter, which could never be, unless the said Scottish Queen did presently suffer the due Execution of Justice according to her deserts.
And then upon the further Motion of the said M r Solicitor for a Committee of this House to be had to confer of some convenient and fit course to be taken by Petition and Suit to her Majesty in that behalf, with request also unto the Lord's to join therein with this House to her Highness, if it please them; thereupon this Committee following was nominated and appointed in that behalf accordingly, viz. all the Privy Council of the House, Sir William Herbert, Sir Thomas Scot, Sir Henry Gate, Sir William Moore, Sir Thomas Manners, Sir Thomas Fairfax, Sir Robert Jermin, Sir John Petre, Sir Henry Cock, Sir Henry Cobham, Sir Henry Knyvet, Sir John Higham, Sir Thomas Stanhope, M r Fortescue Master of the Wardrobe, M r Randal, M r Osborne, M r George Moore, M r Cromwell, M r Beale, M r Wroth, M r Burlace, M r George Carie, M r Doctor Stanhopp, M r Dale, Master of Requests, M r Francis Hastings, M r Solicitor, M r Attorney of the Wards, M r Serjeant Snagg, M r Morrice, M r Sandes, M r Dalton, M r Bacon, M r Alford, M r Barker, M r Bainbrigge, M r Throckmorton, M r Corbett, M r Palms, M r Pate, M r Skinner, M r Amersam, M r Edward Lukenor, M r Thynne and M r Hellyard Recorder of York, who were all of them appointed by the House to meet in the Exchequer Chamber at two of the Clock this Afternoon.
On Saturday the 5 th day of November M r George Moore entering into some discourse touching the great Cause, concludeth (after sundry great and weighty reasons first shown) that only Popery is the chief and principal root of all the late horrible and wicked treacheries and practices, and the Queen of Scots a principal branch issuing from the same root, and the most perilous and full of poison of all the other branches thereof, for that the Papists in very deed for the most part not knowing the Person of the said Queen of Scots do wish the Establishing of her in the Crown of this Realm rather in respect of Popery which she would set up, than for any affection they bear to her Person, and so likewise for the most part all of them either wish or could easily bear the death of our Sovereign Lady the Queens Majesty, though perhaps they would not show themselves to be Actors or Dealers therein. He therefore moveth that it may be joined in the Petition for the great Cause, that her Majesty may be moved to retain no Servants about her Highnesses Person, but such only as may be well known both to profess the true and sincere Religion, and also to be every way true and faithful Subjects. And further, that the Laws already in force against Papists may be put in due Execution. Which Speeches being ended M r Speaker shown that the said Motion or any other tending to the safety of her Majesty's Person may be very well delivered and remembered to the Committees in the great Cause by any member of the House.
M r Dennis Hollis offereth a Bill to this House in the behalf of the Curriers of London. Whereupon M r Speaker put the House in remembrance of her Majesty's pleasure before signified unto this house; to forbear the making of new Laws and to spend the time in the great Causes for which this Parliament was specially summoned; yet because in the mean time of dealing in the said great Cause in Committee or otherwise, there should be nothing to occupy the House withal, it is thought good at such times to have some Bills read in the House (reserving always due regard and place to the said great Cause. And thereupon the said Bill was read accordingly.
The Bill touching the Curriers was read the first time.
The Bill also for limitation of time touching Writs of Error growing by fraud, had its first reading.
M r Chadley one of the Knights returned for the County of Devon offereth a Bill to this House touching Cloth-making within the said County, out of Cities, Market Towns and Corporate Towns. Whereupon the said Bill was then read accordingly.
The Bill touching Clothiers in the County of Devon had its first reading.
Edmund Moore of Shoreditch in the County of Middlesex Tallow-chandler, and John Turner of the same Butcher, being both of them in the Serjeants Custody for presuming to come into this House (sitting the House) and being no Members of the same; it is, upon opinion that they did it of ignorance and mere simplicity, and not of any pretended purpose, and also upon their humble submission of themselves unto this House, and like humble request and Petition of Pardon for the same, Agreed by this House, that they shall be discharged and set at Liberty, taking first the Oath of Supremacy openly in this House, which they so then did and afterward departed.
On Monday the 7 th day of November, The Bill touching Fines and Recoveries levied before the Justices of the Common Pleas, whereunto any of the said Justices are parties, was read the first time.
Sir William Herbert being returned into this House Knight for the County of Monmouth offereth a Bill into this House for the relief of certain Orphans within the said County of Monmouth, and prayeth that the same Bill may be read; which was so then read accordingly.
The Bill for relief of certain Orphans in the County of Monmouth had its first reading.
M r Bulkely offereth a Bill unto this House touching Clothes made in this Realm to be shipped and transported over the Seas, and prayeth the same may be read; which was thereupon so done accordingly.
The Bill touching Clothes made to be transported over the Seas had its first reading.
Sir Robert Jermin likewise offereth another Bill touching Clothiers and Cloth-making in the Counties of Suffolk and Essex, and prayeth the reading thereof, which in no wise he would have moved, if the House should have been any ways occupied in the great Cause; the speedy course and proceeding whereof he most earnestly desireth and prayeth.
The Bill touching Clothiers and Clothes made in the Counties of Suffolk and Essex was read the first time.
M r Vice-Chamberlain shown that the Committees in the great Cause did meet according to the Commission therein of this House unto them, and that then also they did appoint another Meeting therein to be this Afternoon; and shown withal, That some of the Committees of this House, being of the Privy Council, do understand that the Lord's will not in this great and weighty Cause any way deal or meddle amongst themselves, nor in any other matter besides, until they shall have first heard therein from this House for Conference to be prayed with them by this House; and therefore moved, That now whilst their Lordships do yet sit, the Privy Council with some few others of this House be presently sent to their Lordships to move for Conference, and to know their Lordships pleasure for the time and place of Meeting. Whereupon for that purpose it was ordered, That all the Privy Council being of this House, Sir Henry Gate, M r Solicitor and Sir William Moore should presently repair to their Lordships to the higher House; who did so accordingly.
It should seem that in the mean time after the going up of M r Treasurer and the rest, and before their return from the Lord's, these matters following were handled; viz.
The Bill touching Orford-Haven was read the second time, and thereupon committed unto Sir Robert Jermin, Sir John Higham, Sir Henry Cobham, M r Cromwell, M r Layer, and all others that were Committees in the same Cause the last Parliament, to meet tomorrow in the Afternoon in the Middle Temple Hall at three of the Clock.
After sundry Speeches to the Bill touching Inrollments upon the second reading thereof, and being then reserved to convenient time, and this present time falling out to be convenient for that purpose, it is upon the question both for the committing and ingrossing quite dashed and rejected.
The Bill touching Curriers had its second reading.
M r Treasurer and the residue of the Committees being returned from the Lord's (as it should seem much about the time that the House had finished the disputing and reading of the foresaid Bills) he shown that he and the residue have according to the Appointment of this House moved the Lord's for Conference touching the said great Cause, which their Lordships did very well like of, and have appointed that the former Committees of this House in the said Cause do meet this Afternoon in the Parliament-Chamber with such Committee of their Lordships, as their Lordships for that purpose do appoint: which (he saith) he thinketh to be twenty or thereabouts. And so thereupon were the Names of the said Committees of this House read, and they required to give their Attendances therein at the said time and place accordingly.
On Tuesday the 8 th day of November M r Doctor Turner shown unto this House, That he is fully persuaded that her Majesty's safety cannot be sufficiently provided for by the speedy cutting off of the Queen of Scots, unless some good means withal be had for the rooting out of Papistry, either by making of some good new Laws for that purpose, or else by the good and due Execution of the Laws already in force; which, as he greatly wisheth and referreth to the grave consideration of this House: so concluding in his own Conscience that no Papist can be a good Subject, he did offer a Bill to this House containing (as he thinketh) some convenient form of matter tending to the effect of his Motion; and prayeth the same may be read. Whereupon M r Speaker finding the Title of the said Bill to purport the Safety of her Majesty's Person, putteth the House in remembrance that by their own appointment and direction that matter was referred to certain Committees of this House who had not only had Conference thereof amongst themselves, but also with Committees of the Lord's yesterday, and must so have again this day also in the Afternoon: And showeth further, That yesterday upon the like Motion of this made by another Gentleman of this House, it was agreed, That all such matters as then were or should be offered unto this House tending to the preservation of her Majesty's Person, should be delivered and referred to the said Committees to be joined in the Petition to be exhibited to her Highness on the behalf of this House, and so wished this might also be, without reading the said Bill, or further proceeding therein by this House, until the said Committees should first have reported unto this House their travail with the Lord's in the said Cause, which he thought would be tomorrow. And after sundry Speeches to that end uttered by M r George Moore, Sir Henry Knyvet, M r Treasurer and M r Francis Hastings, it was referred to be imparted to the said Committees accordingly, and therefore the Bill not to be read as yet in this House.
Sundry Speeches being had touching the Liberties of this House, and of the preservation of the same Liberties about the matter of the Examination of the Returns of the Knights for the County of Norfolk, and some arguing one way, and some another, the time so passing away, the House did rise, and nothing then resolved thereof at all. And then also at the rising of the House, it was moved, That in respect of the meeting of the Committees in the great Cause with the Committees of the Lord's this Afternoon, the meeting of the Committees in the Bill for Orsord Haven (likewise appointed for this Afternoon) might be deferred till some other more convenient time.
On Wednesday the 9 th day of November after some Motions and Speeches had touching the Liberties of this House in the examination and Judgment of the returns for the Knights for the County of Norfolk, It is upon the question resolved, that M r Comptroller, M r Treasurer, M r Recorder of London, M r Serjeant Snagg, M r Cromwell, Sir William Winter. Sir Henry Knyvett, M r Thomas Knyvett, M r Alford, M r Drew, M r Harris, Sir William Moore, M r Morrice, M r Sandes and M r Sanders, be appointed Committees by this House to examine the state and circumstances of the said Returns, and to meet for that purpose tomorrow in the Afternoon at two of the Clock in the Exchequer Chamber. And also that M r Watson Clerk of the Crown in the Chancery, and also the Under-Sheriff of the County of Norfolk do then and there attend upon the said Committees in the exercise of the said Examinations accordingly. And further, that thereupon the said Committees or some of them do signify unto this House upon Friday next in the Forenoon the state of the said matter as they shall find it upon the said Examination; to the end this House may then take such further course therein as in that behalf shall be thought meet and convenient.
This day report was made by M r Thomas Cromwell that eleven of the Committees appointed by this House to examine the state and circumstances of the Writs and Returns made of the Knights for the County of Norfolk had according to their Commission met yesterday, and that the Clerk of the Crown had brought before them as well the Writs as their Returns; upon view whereof it appeared that two several Writs had issued out of the Chancery directed to the Sheriff of Norfolk for choice of the Knights of the Shire of that County, the first dated the 15 th day of September, the second dated the 11 th day of October. The first appeared by the return to have been executed the 26 th day of September, the second executed the 24 th of October which was after the Parliament was to have had its beginning. By the first Writ M r Thomas Farmer and M r Gresham were returned to be chosen Knights; by the second M r Christopher Heydon and the said M r Gresham. That by the examination of the Clerk of the Crown it appeared unto them, that the first Writ with the return was brought and offered unto him by the Under-Sheriff the 15 th day of October, when as the Parliament was to have had its beginning, and that with that Writ the Burgesses for the Boroughs of the County were also brought, which then notwithstanding he received not. That after about the 29 th day of October both the said Writs were delivered unto him. It was further declared that the said M r Heydon with his Council and the said Mr. Farmer in person, and also the Under-Sheriff had been before the Committees; that Mr. Gresham as being returned by both the Writs had not been before them; that they had examined Mr. Heydon and his Council what exceptions they could take to the Execution of the first Writ: who then alleged two causes, the one that due Summons was not given to the Freeholders of the Shire, the other that Proclamation was not duly made. That thereupon they examined the Under-Sheriff, who in their presence affirmed, that the Writ was delivered to the High-Sheriff on the Saturday, which he received on the Sunday, the County day being on Monday following; On which day he was bound by Law to execute his Writs: by which means he had not leisure either to summon many, or any day left wherein he might by Proclamation notify it in the Country. That on the said Monday between eight and nine of the Clock three solemn O yes were made, and the Queens Writ publicly read, and all Circumstances used which the Law required: wherein he was the more careful, for that it was commonly bruted, that there would be variance about the Election. That the Election was so expected in the Country, that by his Estimation there were three Thousand Persons at the same; And that Mr. Farmer had the Voices without denial; that. Mr. Justice Windham, Sir Thomas Knyvett, Sir Nicholas Bacon, Sir Henry Woodhouse and divers other Justices of the Peace, Esquires and Gentlemen of great calling, were at the Election, and gave their Assents to the same, and set their Hands and Seals to the Indenture. Upon consideration of the whole matter it appeared unto them, that the first Writ and Return were in matter and form perfect and duly executed; the second Writ they thought could not be available; besides that the precedent was perilous for the time to come, in respect that it appointed two others to be Chosen. The effect of the Writ besides not observed; for that Mr. Gresham one of the same was chosen by the first Writ. They further declared, that they understood that the Lord Chancellor and divers of the Judges having examined the matter, were of the same opinion. He declared further, that one of the Committees had moved, that two of the Committees might have been sent to understand of my Lord Chancellor what he had done in the matter, which the rest of the Committees thought not convenient, first in respect they were satisfied therein by divers of their Committees, and also for that they thought it prejudicial to the privilege of the House to have the same determined by others than such as were Members thereof. And though they thought very reverently of the said Lord Chancellor and Judges, and thought them competent Judges in their places; yet in this case they took them not for Judges in Parliament in this House. And there upon required that, if it were so thought good to the House, Mr. Farmer and Mr. Gresham might take their Oaths and be allowed of by force of the first Writ, as allowed by the censure of this House, and not as allowed of by the said Lord Chancellor and Judges. Which was agreed unto by the whole House, and ordered to be entered accordingly.
This Case before set down touching the Election of the Knights for the County of Norfolk, containeth in it many curious and very useful points. The Case was singly this:
The Sheriff of Norfolk receives a Writ touching the Election of two Knights for that County but two days before the next County-day, in which he is bound by Law to see it executed. By reason of this shortness of time he could neither summon many Freeholders, nor make due Proclamation in the County any one day before the said Election. The Sheriff notwithstanding on the said County-day proceeds to the Execution of the said Writ, and Mr. Farmer and Mr. Gresham are duly chosen according to all points and circumstances in such like case required; there being not only a great appearance of Freeholders, but divers also of the eminentest Gentlemen of the said County, who after they had given their Voices to the said Election, did also set their Hands and Seals to the Indenture of the same in that case usual. After this a second and new Writ is delivered to the said Sheriff for a new Election to be made, which is in all points executed without any the least color of misfesance, and by it Mr. Heydon, and Mr. Gresham (being one of the two first that had been before Elected) were chosen, and the Indenture of their said Election, together with the Writ, were delivered in unto the Clerk of the Crown, together with the Writ and Indenture of the former Election. After which the Lord Chancellor and the Judges meeting about it do resolve, That the first Writ was well executed, the first Election good, and the second absolutely void; and of this their resolution do give the House of Commons notice.
In which case these points following were resolved by the whole Body of the said House.
First, That the said first Writ was duly executed, and the Election good, and the second Election absolutely void.
Secondly, That it was a most perilous Precedent, that after two Knights of a County were duly Elected, any new Writ should issue out for a second Election without order of the House of Commons itself.
Thirdly, That the discussing and adjudging of this and such like differences, only belonged to the said House.
Fourthly, That though the Lord Chancellor and Judges were competent Judges in their proper Courts, yet they were not in Parliament.
Fifthly, That it should be entered in the very Journal-Book of the House, that the said first Election was approved to be good, and the said Knights then chosen, had been received and allowed as Members of the House, not out of any respect the said House had or gave to the Resolution of the Lord Chancellor and Judges therein passed, but merely by reason of the resolution of the House itself, by which the said Election had been approved.
Sixthly and lastly, That there should no Message be sent to the Lord Chancellor, not so much as to know what he had done therein, because it was conceived to be a matter derogatory to the Power and Privilege of the said House. Concerning all or the most of which particulars see more upon Friday the 11 th day of this instant November ensuing.
Sir Christopher Hatton her Majesty's Vicechamberlain (presently as it seemeth after the discussing of the former Election) fell upon the debating of the great Cause touching the Scottish Queen, and shown, That the Committees of the Lord's in the great Cause, and also the Committees of this House in the same Cause had Conference together yesterday in the Afternoon, and resolved upon a Petition unto her Majesty in the Name of both Houses to be exhibited, as afterwards it was on Saturday the 12 th day of this instant November unto her Highnes, by the Lord Chancellor in the Name of the Lord's of the higher House, and by Mr. Speaker in the Name of this House, as the joint Petition of both Houses for Proclamation and Execution of the Sentence of the Lord's and others the late Commissions at Fotheringhay in the proceedings there against Mary called the Queen of Scots. And that because the said Committees of both Houses thought the said Petition would be too long if it should comprehend the whole course and manner of the said proceedings; yet they thought it necessary, that in both Houses the whole course of the same proceedings should be signified and read this present day, to the end each Member of both the said Houses might understand the whole matter and manner of the same course of proceedings to their full satisfactions. And that then afterwards also the same uniform Petition likewise be read in both the said Houses; with reservation nevertheless and liberty to both the same Houses, and to every Member of the same House, to show and infer to the said Lord Chancellor for the Lord's, and to Mr. Speaker for this House, any other reasons whatsoever (besides those contained in the said Petition) which they shall think meet to be remembered to her Majesty for the better furtherance of obtaining their humble Suit at her Majesty's hands contained in the said Petition. And shown further, That the said Committee of the Lord's willed the said Committees of this House, that the Lord's now sitting this Forenoon in the higher House might hear from this House this Forenoon also of the liking or acceptation of this House in the said form and course of proceeding in the said Petition. Which thing himself after a long time spent in the reading of part of the said Record of the said proceeding in the said Commission at Fotheringhay, and foreseeing also that the finisting of the reading thereof, would require so much more time as was very like could not well be done before the Lord's should rise; moved, That one or two of this House might in the mean time of reading the residue of the said Record of the said Course of proceedings, repair to their Lordships, and signify unto them the same from this House, to know their Lordships pleasure for some other time for the Committees of this House to intimate unto their Lordships the good liking of this House conceived of the matter of the said Petition. And thereupon were appointed M r Treasurer and M r Vice-Chamberlain, who going then presently to the Lord's, and returning again afterwards, Mr. Vice-Chamberlain shown, that the Message they brought again from the Lord's was very short, to wit, that their Lordships did appoint for that purpose tomorrow in the Forenoon. And afterwards the same Record of the whole course of the said proceeding in the said Commission being read, and the said Petition then read also, Mr. Vice-Chamberlain moved that this House would be Suitors to the Lord's to have the said Petition entered and inrol led in the said higher House, there to remain of Record as an Act. And thereupon it was upon the Question resolved by the whole House, That the said Request should be made to their Lordships in that behalf by the said Committees on the morrow, when they deliver unto their Lordships the full and whole good liking of this House had of the said Petition. Then Mr. Speaker moved, That for as much as by reason of the shortness of the said Petition he is appointed by this House to yield reasons unto her Majesty in such objections as should please her Highness to make touching the Contents of the said Petition, the House would deliver him in writing, for his better memory and the righter direction of their Service imposed upon him in that behalf, such reasons as they should think meet for him in their Names to remember unto her Majesty. And thereupon it was ordered, That the said Committees of this House and every other Member of this House that would, should meet at two of the Clock in the Afternoon of the same day in the Exchequer-Chamber, and there show and deliver such reasons inferring the necessity of the said Petition, or other matter tending to the safety and preservation of her Majesty's most Royal Person, as to every or any Member of this House should seem meet and convenient. And upon another Motion of Mr. Speaker, that some of her Majesty's Privy Council being of this House, might be requested by this House to make humble Suit to her Majesty for Access of some competent number of this House unto her Highness accordingly, It was prayed and agreed by the whole House, that Mr. Vice-Chamberlain do the same. And so then the House did rise, and adjourned the Court until the Friday next following, upon a former request then a little before made by Mr. Speaker for sparing his Service till then, in respect he might in the mean time the better bethink and prepare himself to attend upon her Highness in performance of their said Charge so as before imposed upon him.
On Friday the 11 th day of November the Committees in the Bill for Orford-Haven (whose Names see before on Monday the 7 th day of November ) are appointed to meet this Afternoon at three of the Clock in the Middle Temple Hall.
Mr. Cromwell one of the Committees for the Examination of Writs and the Returns for the Knights of the County of Norfolk (which said Committees Names see on Friday the 4 th day of November foregoing) maketh report, That yesterday eleven of them met, and upon view of the Dates of the same Writs and Returns, and upon Conference by them then also had with the Clerk of the Crown and Under-Sheriff of Norfolk touching the manner of executing of the same Writs and Returns, and hearing all such parties grieved, with their learned Council, as repaired then to them for that purpose; they do find, that the first Writ and Return both in manner and form was perfect, and also duly executed, and the second Writ not so; and that besides it might also be a perilous Precedent for the time to come to the Liberty and Privilege of this House, to admit or pass over any such Writ or Return in such manner and course as the said second Writ carrieth. And further declared, That they understood by the said Clerk of the Crown, that the Lord Chancellor had then lately commanded him to receive and accept the said first Writ and Return, by the which Mr. Farmer and Mr. Gresham were elected and returned, as the Writ rightly and duly executed, and did also understand by Mr. Recorder one of the said Committees, That Sir Edmund Anderson Lord Chief Justice of the Court of Common Pleas had also shown him, that the said Lord Chancellor and the Judges had resolved, That the said first Writ should be returned as that which was in all parts duly and rightly executed, and not the second. And shown further, That one of the Committees assenting with the residue in opinion of validity of the said first Writ and Return, and of the invalidity of the said second, and also in resolution that the explanation and ordering of the Case as it standeth, appertaineth only to the Censure of this House, moved notwithstanding in the Committee, That two of the Committees might be sent to the said Lord Chancellor to understand what his Lordship had done in the matter; which the residue thought not convenient, first, for that they were sufficiently satisfied therein by divers of themselves, but principally in respect they thought it very prejudicial and injurious to the Privilege and Liberties of this House, to have the said Cause decided or dealt in in any sort by any others than only by such as are Members of this House: and that albeit they thought very reverently (as becometh them) of the said Lord Chancellor and Judges, and know them to be competent Judges in their places; yet in this case they took them not for Judges in Parliament in this House: and so further required, that (if it were so thought good) Mr. Farmer and Mr. Gresham might take their Oaths, and be allowed of and received into this House by force of the said first Writ; as so allowed and admitted only by the censure of this House, and not as allowed of by the said Lord Chancellor or Judges. Which was agreed unto accordingly by the whole House, and so Ordered also to be set down and Entred by the Clerk.
Mr. Treasurer one of the said Committees in the said Examination showeth for his part his privity and assent unto the whole recited course of proceeding in the said Committee as it hath been declared by Mr. Cromwell; and that before himself, the said Mr. Farmer hath already pronounced and taken his Oath. Showing further withal that in the Committee he moved that some might be sent to the Lord Chancellor to know what his Lordship had done in the matter, which he then thought, and yet still doth think necessary to have been done, as one of the circumstances of the said examinations, and not for want of any satisfaction otherwise, but only in respect of the orderly proceeding in the Commission unto them by this House, tending to circumstances of the matter, of which he thinketh one to have been to send as aforesaid unto the said Lord Chancellor, though they were resolved by themselves amongst themselves before.
Mr. Recorder of London making a large and plentiful discourse of the ancient privileges and liberties of this House, furnished with recital of sundry Precedents and examples, and lastly coming down to the matter in hand, showeth, that Sir Edmund Anderson Knight Lord Chief Justice of the Commons Pleas told him this morning, that the said Lord Chancellor and the Judges had resolved, that the said first Writ ought to be returned, and had so given order to the Sheriff and Clerk of the Crown; And that he thereupon answered the said Sir Edmund Anderson again, that the censure thereof belonged unto this House and not unto them, and that he for his part would take no notice thereof at their hands of their so doing, but only by way of instructions and not otherwise. And so concluded with the allowance of the good course and order of this House in setting down and entering the said Judgment accordingly as before.
Mr. Vice-Chamberlain shown unto the House, that according to their appointment he hath been an humble suitor unto her Majesty on the behalf of this House for access there to be had unto her Highness, to exhibit their Petition unto her Majesty; And that her Majesty thereupon hath very Graciously granted to hear them at the Court upon tomorrow next between one and two of the Clock in the Afternoon: signifying also unto them further, that her Majesty having heard that the Lord's do appoint them twenty of themselves of the Higher House to attend her Majesty also for the same purpose; so her Highness thinketh meet that forty of this House were likewise appointed for this House, which She thinketh to be a sufficient number; but is nevertheless well pleased if the House shall think good, to send a more or greater Number at their discretions, but leaveth the same to their own considerations.
Which her Majesty's most Gracious Favor, as the whole House did take it in most joyful and dutiful part; So did they then desire the said Mr. Vice-Chamberlain, that he would in the name of this whole House present unto her Majesty their most humble and dutiful thanks for the same her Highnesses most gracious clemency and great loving kindness towards them. Which so to do, the said Mr. Vice-Chamberlain told them he purposed (God willing) in the Afternoon of this present day.
And these were appointed by this House to attend upon her Majesty tomorrow at the Court, as many of the former Committees as would (whose names see at large on Friday the 4 th day of this instant November foregoing) and also Sir Henry Barkeley, Sir William Mohun, Sir Edward Dymocke, Sir Thomas Jones, Sir Henry Bagnell, Sir Andrew Nevill, Sir Henry Knyvet, Mr. Farmer, Sir Edward Osborne, Mr. Henry Bromley, Mr. Ralph Horsey, Mr. James Croft, and Mr. Tasborough then added unto them; which done, upon a Motion, that for as much as the Knights for the County of Norsolk, and the Burgesses for all the Boroughs within the same County (saving only the Citizens for the City of Norwich ) were returned and certified into this House this present day, and not before, the Petition might therefore be read again in this House in the presence of the same Knights and Burgesses, to the intent that they being made privy thereof, might also yield their Assents to the same Petition; whereby, the rather, the same being for a matter of so great moment, might in very deed be the Action of the whole House then being possessed and consisting of all the Members thereof; the same Petition was read by the Clerk, and well liked of, agreed unto and allowed by the voices of the said Knights and Burgesses upon the question thereof unto them made in that behalf by Mr. Speaker.
And afterwards Mr. Vice-Chamberlain made a motion, that Mr. Speaker be put in remembrance by this House, besides the residue of his reasons to be shown to her Majesty for maintenance of the parts of the said Petition, to urge (if need be) to her Majesty the matter and necessity of the late Instruments of Association, respecting especially the Consciences of a great number of her Highnesses good and Loyal subjects, which cannot be dispensed with by Laws; whereupon request was so made by the House to Mr. Speaker accordingly.
Mr. Treasurer shown, that yesterday he and others of the Committees in the great Cause presented unto the Lord's in the Upper House the Request of this House unto their Lordships to have the said Petition entered and recorded in the Upper House, there to remain as an Act. Whereunto their Lordships assented, and willed that the same might first be engrossed in Parchment, and so delivered to their Lordships this present Forenoon; showing further, That the Clerk of this House then had the same already engrossed and exact accordingly, but that the same could not that day be sent to their Lordships, for that their Lordships did not sit this Forenoon, and therefore he said it must be delivered at some other time. And so then the House did rise, and this Court was adjourned till Monday next following.
Memorandum, That in the Afternoon of this present day the said Petition engrossed was delivered into the hands of the Lord Chancellor by the Appointment of Mr. Speaker, and so lest with his Lordship.
On Saturday the 12 th day of November (although the House of Commons sat not any part of the day in their proper place) yet in the Afternoon according to her Majesty's direction sent unto the House yesterday by Sir Christopher Hatton her Vice-Chamberlain, John Puckering Serjeant at Law their Speaker, with all the Privy Council and divers other Members of the said House (whose Names see before on Friday the 4 th day, and on Friday the 11 th day of this instant November last past) repaired to her Majesty unto the Court, there to join with Sir Thomas Bromiey Lord Chancellor and twenty Temporal Lord's of the Upper House in presenting a certain Petition (which had been agreed upon by both Houses) unto her Highness for the speedy Execution of Mary late Queen of Scots, according to that just Sentence which had been pronounced against her.
And to move her Majesty thereunto, the said Speaker of the House of Commons did use many excellent and solid reasons, which were all found in a certain Memorial written with his own hand, being as followeth.
Unless Execution of this just Sentence be done,
1. Your Majesty's Person cannot any while be safe.
2. The Religion cannot long continue amongst us.
3. The most flourishing present State of this Realm must shortly receive a woeful Fall.
4. And consequently in sparing her your Majesty shall not only give courage and hardiness to the Enemies of God, of your Majesty's self, and of your Kingdom; but shall discomfort and daunt with despair the hearts of your loving People, and so deservedly provoke the heavy hand and wrath of God.
And that summarily for the reasons ensuing: First, forasmuch as concerns the danger of your Majesty:
Both she and her Favourers think that she hath right, not to succeed, but to enjoy your Crown in possession; and therefore as she is a most impatient Competitor (acquainted with blood) so will she not spare any means that may take you from us, being the only Lett that she enjoyeth not her desire.
She is hardened in malice against your Royal Person, notwithstanding that you have done her all favor, mercy, and kindness, as well in preserving her Kingdom, as saving her Life and Honor.
And therefore there is no place for mercy, where there is no hope of amendment, or that she will desist from most wicked Attempts.
The rather, for that her malice appeareth such, as that she maketh as it were her Testament of the same to be executed after her death, and appointeth her Executors to perform the same.
She affirmeth it lawful to move Invasion: therefore as of Invasion Victory may ensue, and of Victory the death of the vanquished; so doth she not obscurely profess it lawful to destroy you.
She holds it not only lawful, but honorable also and meritorious, to take your life, &c. being deprived of your Crown by her holy Father; and therefore she will (as she hath continually done) seek it by all means whatsoever.
She is greedy of your death, and preferreth it before her own life; for in her late direction to some of her Complices she willed, whatsoever became of her, the Tragical Execution should be performed on you.
There is by so much the more danger to your Person since the Sentence than before, by how much it behooveth them that would preserve her or advance her, to hasten your death now or never, before Execution done upon her; as knowing, that you and none else can give direction for her death: and that by your death the Sentence hath lost the force of Execution, and otherwise they should come too late, if they take not the present opportunity to help her.
Her Friends hold Invasion unprofitable while you live, and therefore in their opinion your death is first and principally to be sought, as the most compendious way to ruin the Realm by Invasion.
Some of the eldest and wisest Papists set it down for a special good drift to occupy you with conceit, that the preservation of her Life is the safety of your own; and therefore you may be assured that they verily think that her life will be your death and destruction.
Secondly, Forasmuch as concerns Religion:
It is most perilous to spare her that hath continually breathed the overthrow and suppression of the same, being poisoned with Popery from her tender Youth, and at her Age joining in that false termed Holy League, and ever since and now a professed Enemy of the Truth.
She resteth wholly upon Popish hopes to be delivered and advanced, and is so devoted and doted in that profession, that she will (as well for satisfaction of others, as feeding her own humor) supplant the Gospel where and whensoever she may. Which evil is so much the greater and the more to be avoided, as that it slayeth the Soul, and will spread itself not only over England and Scotland, but also into all parts beyond the Seas where the Gospel of God is maintained; the which cannot but be exceedingly weakened if defection should be in these two most valiant Kingdoms.
Thirdly, For as much as concerns the happy Estate of this Realm: The Lydians say. Unum Regem agnoscunt Lydii, duos autem tolerare non possunt: So we say, Unam Reginam Elizabetham agnoscunt Angli, duas autem tolerare non possunt. And therefore since she saith that she is Queen here, and we neither can nor will acknowledge any other but you to be our Queen: It will follow, if she prevail, she will rather make us slaves than take us for Children; and therefore the Realm sigheth and groaneth under fear of such a Step-Mother.
She hath already provided us a Foster-Father and a Nurse, the Pope and the King of Spain, into whose hands if it should mis-happen us to fall, what can we else look for but ruin destruction and utter extirpation of goods, lands, lives, honor and all?
Whilst she shall live the enemies of the State will hope and gape after your death. By your death they trust to make Invasion profitable for them, which cannot be but the same should be most lamentable for us: and therefore it is meet to cut off the head of that hope.
As she hath already by her poisoned baits brought to destruction more Noble men and their Houses, and a great multitude of Subjects during her being here, than she would have done if she had been in possession of her own Country and armed in the field against us; so will she still be continually cause of the like spoil to the greater loss and peril of this Estate: and therefore this Realm neither can or may endure her.
Her Sectaries do write and print, that we be at our wits end, worlds end, if she over-live your Majesty; (meaning thereby that the end of our world is the beginning of theirs: and therefore take her away, and their world will be at an end before it begin.
Since the sparing of her in the 14 th year of your Reign, Popish Traitors and Recusants have multiplied exceedingly; And if you spare her now again they will grow both innumerable and invincible also.
And therefore now in the 4 th place:
Mercy in this case would in the end prove cruelty against us all; Nam est quaedam crudelis misericordia. And therefore to spare her is to spill us.
She is only a Cousin to you in a remote degree, but we be Sons and Children of this land, whereof you be not only the natural Mother, but also the Wedded Spouse. And therefore much more is due from you to us all than to her alone.
It would exceedingly grieve and wound the hearts of your loving Subjects if they should see so horrible Vice not condignly punished; if any be wavering, it will win them to the worser part, and many will seek to make their own peace. Wherefore as well for the comfort of the one as stay of the other, and retaining of all, It is most needful that Justice be done upon her.
Thousands of your loving Subjects of all degrees, which have for special zeal of your safety made Oath before God to pursue to death by all forcible and possible means such as she is by just sentence found to be, cannot save their Oaths if you keep her alive: for then either we must take her life from her without direction, which will be to our extreme danger by the offense of your Law; or else we must suffer her to live against our express Oath, which will be to the uttermost peril of our own Souls, wherewith no Act of Parliament nor power of man whatsoever can in any wise dispense. And therefore seeing it resteth wholly in you by a most worthy and just execution of this sentence to keep us upright, and free us in both, we most humbly and earnestly beseech you, &c. that speedy Justice be done upon her, whereby yourself may be safe, the state of your Realm preserved, and we not only delivered from this trouble of conscience, but also re-comforted to endeavor ourselves and all ours into whatsoever other peril for the preservation and safety of you.
Lastly, God's vengeance against Saul for sparing Agag, against Ahab for sparing the life of Benhadad is apparent; for they were both by the just Judgment of God deprived of their Kingdoms for sparing those wicked Princes whom God had delivered into their hands of purpose to be slain to death by them, as by the Ministers of his eternal and divine Justice.
How much those Magistrates were commended that put to death those mischievous and wicked Queens Jezebel and Athaliah!
How wisely proceeded Solomon to punishment in putting to death his own natural and elder Brother Adonias for the only intention of a marriage, which gave suspicion of Treason! whereas there is no more desired of your Majesty, than the very Pope (now your sworn Enemy,) some of these late Conspirators and this wicked Lady herself have thought fit to fall on her.
He in like case gave sentence, vita Conradini, mors Carolo; Mors Conradini, vita Carolo. They in their best minds and remorse of Conscience setting down the best means of your safety said; He that hath no Arms cannot fight, and he that hath no Legs cannot run away, but he that hath no head can do no harm. Pisces primùm à Capite foetent. She by her voluntary subscribing to the late Association &c. gave this sentence against herself.
And after in her Letters of these Treasons to Babington wrote, that if she were discovered, it would give sufficient cause to you to keep her in continual close Prison. By which words she could mean nothing else but pains of death.
Therefore we seeing on the one side how you have, to the offense of mighty Princes, advanced Religion, with what tender care, and more than motherly Piety you have always cherished us the Children of this Land, with what Honor and Renown you have restored the ancient Rights of the Crown, with what Peace and Justice you have governed, and with what store and plenty you have reigned over us:
On the other side seeing that this Enemy of our Felicity seeks to undermine the Religion, &c. to supplant us, and plant Strangers in the place, to transfer the Rights of the Crown to that Italian Priest, and the Crown to herself, or some other from you, and therefore lieth in continual wait to take your life, &c.
Therefore we pray you, &c. for the Cause of God, his Church, this Realm, ourselves, and yourself, That you will no longer be careless of your life, our Sovereign safety, nor longer suffer Religion to be threatened, the Realm to stand in danger, nor us to dwell in fear; but as Justice hath given rightful Sentence, &c. so you will grant Execution. That as her life threateneth your death, so her death may by God's favor prolong your life; and that this evil being taken away from the Earth, we may praise God for our deliverance, and pray him for our continuance. And with the Psalmist say, Dominus fecit Judicium, and the ungodly is trapped in the works of her own hand.
And so pray God to incline her heart to our just desires, &c.
Which short Note seemeth to be thus impersectly set down by the said Speaker, only to put him in mind to end and shut up his Speech with some short Prayer to the said purpose.
Nota, That all the several passages of this Saturday are supplied out of a very authentic Copy which I had, containing the said reasons delivered by the said Speaker, and partly out of the Original Journal-Book of the Upper House, being wholly omitted in that of the House of Commons, as is also her Majesty's Answer, which because it is printed at large by Mr. Cambden (in Annal. Regin. Eliz. edit. Lugd. Batav. Anno Dom. 1625. pag. 466, 467, & 468.) and elsewhere, it would be needless to insert it here or any part thereof; and the rather, because some heads thereof are shortly remembered on Monday next following.
On Monday the 14 th day of November Mr. Speaker made report to the House of his Message done from this House to her Majesty, (which see on Saturday last foregoing) and also of her Majesty's most grateful acceptation of the same, and of her Highnesses Answer thereunto: but what her Majesty's said Answer was, is wholly omitted in the Original Journal-Book of the House of Commons, although Mr. Fulk Onslow, at this time Clerk thereof, had left the entire 187. leaf of the said Journal, a blank for the entering or inserting of it. Yet it will not be amiss, although the said Answer be extant in print, as is abovesaid, briefly to touch the heads thereof. Which were, her Majesty's thankful acknowledgment for her many miraculous preservations; that she was most grieved that so near a Kinswoman as the Queen of Scots had conspired to take away her life. That the Law lately made (which seemeth to have been that for the preservation of her Majesty's person passed the last Parliament) was not enacted to entrap the said Queen (as some had pretended) but only to deter her from such wicked practices. That her Trial had been just and honorable. And lastly, that she thanked them for their care of her safety, and desired them a while to expect her further and final Answer.
Mr. Vice-Chamberlain affirming the Report of Mr. Speaker to be very true in all the parts of the same, and well and faithfully delivered by him to this House, and very much also commending his delivery of the Message of this House to her Majesty upon Saturday last at the Court, in such dutiful and due sort as all this whole House had (he said) very good cause to yield him very hearty thanks for the same, and therefore required them so to do; which they so then did in very loving and courteous sort. And he further shown, That he had something more to add to the said Speech reported by Mr. Speaker, not of anything delivered unto him upon Saturday by her Majesty, but of something then omitted and forgotten by her Majesty, albeit both before purposed by her Highness, and then and yet still intended to be signified unto this House, and which he himself that morning was commanded by her Majesty to signify unto them: which was, That her Highness, moved with some commiseration towards the Scottish Queen in respect of her former Dignity and great Fortunes in her younger years, her nearness of Kindred to her Majesty, and also of her Sex, could be pleased to forbear the taking of her Blood, if by any other means to be devised by her Highnesses great Council of this Realm, the safety of her Majesty's own Person and of the State might be preserved and continued without peril or danger of ruin and destruction, and else not: therein leaving them all nevertheless to their own free liberty and dispositions of proceeding otherwise at their choices. For as her Majesty would willingly hearken to the device and reasons of any particular Member of this House; so Mr. Vice-Chamberlain shown they may exhibit their conceits in that case either to any of the Privy Council, being of this House, or else to Mr. Speaker, to be further signified over to her Highness accordingly.
Nota, That Mr. Cambden hath delivered and set down in his Annals of Queen Elizabeth, pag. 408. two mistakes: The first, that this Message was sent twelve days after the access which the two Houses had unto her Majesty on Saturday foregoing, as is aforesaid; whereas it is plain that this Message was sent to both the Houses upon the second day after, being this instant Monday, as appears by the Original Journal-Book of both the Houses before mentioned. His second error is, in respect that he said that the said Message was delivered by Puckering the Speaker of the said House of Commons, whereas her Majesty sent it by Sir Christopher Hatton her Vice-Chamberlain, and he accordingly did relate the same unto the House, as appears in his Speech immediately foregoing. All which I have the rather observed and set down thus at large, that so the excellent use of these Journals of Parliament may appear, not only in respect of the Orders and Privileges of the said Two Houses, but also in respect of the true discovery of the very History of this Realm.
Mr. Vice-Chamberlain continuing his former Speech at this time, did further put the House in remembrance, that as at the beginning of this present Parliament the Lord Chancellor Signified unto this House by her Majesty's express Commandment, that no Laws at all should be made in this Parliament; so her Highness purposing not to be present to give her Royal Assent to any Laws, this House should not need (he said) to be troubled with going about to make or enact any Laws now at all: and therefore wisheth that this Court may be adjourned till Friday next; at which day (he said) it may be this House will hear her Majesty's further pleasure in Answer to the said Petition, for that her Highness had not as yet read or perused the same. And so thereupon this Court was then adjourned till Friday next accordingly.
On Friday the 18 th day of November after sundry grave Speeches, sound Arguments, and forcible Reasons made by Sir Edward Dymock, Sir Thomas Scot, Mr. Woodward, Mr. Edward Sanders, Mr. Dalton, Mr. Chancellor of the Exchequer, and Mr. Vice-Chamberlain concerning the Message delivered by the said Mr. Vice-Chamberlain upon Monday last from her Majesty, for Consultation to be had for some other means of course, if it might be, for the establishing and preservation of the true Religion, of her Majesty's most Royal Person, and the good and peaceable estate of this Realm, than by the taking away of the Life of the Queen of Scots. And each of them resolutely concluding, that no other device, way, or means whatsoever could or can possibly be found or imagined, that such safety can in any wise at all be had so long as the said Queen of Scots doth or shall live, they do withal very earnestly move and persuade the prosecution of the said Petition lately delivered jointly by the Lord's and this House to her Majesty for the necessity of the speedy executing of the said Queen of Scots, as the one and only mean (as far as man's reason can reach) to provide for the safety of the continuance of true Religion, of her Majesty's most Royal Person, and of the peaceable estate of this Realm, from the manifest and imminent danger of utter subversion, destruction and desolation. And Mr. Vice-Chamberlain gathering partly by some of the said Speeches preceding, that some of this House seemed to conceive of the said Message by him delivered to this House from her Majesty on Monday last touching the said Consultation to be had, as a peremptory Proposition unto them to exclude them from all other courses of proceeding, shown unto them again, as he did before, that her Majesty commanded that Message to be propounded unto them for consultation only, and not for direction, leaving nevertheless every Member of this House to their own free liberty and dispositions of proceeding touching the said matter; and so yielding his full opinion and ready consent with the residue for the continuance of the prosecution of the said Petition unto her Majesty in most humble and dutiful sort, as the only necessary resolution of this whole House to rely upon in that behalf.
And showing further, That upon Tuesday last the like Message was done by her Majesty's like Commandment to the Lord's of the higher House, moved, That as in all the former proceedings of this House in the great matter and business touching the Scottish Queen, the said House had always been Suitors unto their Lordships to join with them therein; so now that the same motion might be again made unto their Lordships to join with them in this part also. And for that it is very meet and convenient, that Answer be made to her Majesty of the said Message, this House would, as in the beginning of the said former proceedings, appoint a convenient Committee of this House to confer of the manner and substance of the said Answer, and then after the report thereof made to this House, to make suit unto the Lord's for Conference with their Lordships touching the resolution of this House. Which motion being well liked of by this House, It was upon the Question resolved, That such a Committee should be had accordingly. And further ordered, That all the former Committees in the said great Cause, and also all those others which had spoken this present day, to wit, Mr. Woodward and Mr. Edmund Sanders, and also Sir George Cary be likewise added unto them, and that they meet tomorrow at nine of the Clock in the Forenoon in the Exchequer-Chamber, and as many else of this House besides as please to come thither to them. Which done, this Court was then adjourned till Monday next, for that the Lord's did not sit this present day, and this House then had nothing to deal with till the said Committees shall first have had Conference with their Lordships.
Sir John Higham one of the Committees in the Bill for Orford-Haven, doth at the rising of the House make report of the travail of himself and the residue of the Committees therein, and so delivereth in both the old Bill and also a new Bill.
On Monday the 21 th day of November (to which day the Parliament had been on Friday the 18 th day of the said Month foregoing last adjourned) M r Markham a Burgess for the Borough of Grantham in the County of Lincoln, shown on the behalf of the Inhabitants of the said Borough, that M r Arthur Hall having been in some former Parliaments returned a Burgess for the said Borough, and in some of the same Parliaments for certain causes the House then moving, disabled forever afterwards to be any Member of this House at all, hath of late brought a Writ against the Inhabitants of the said Borough for his wages (amongst other times) in attendance at the late Session of Parliament holden at Westminster